Bill Text: MS HB1207 | 2026 | Regular Session | Engrossed


Bill Title: State of emergency; provide exception for school districts impacted by "Winter Storm Fern" to be allowed up to 15 days of hold harmless.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2026-03-03 - Died In Committee [HB1207 Detail]

Download: Mississippi-2026-HB1207-Engrossed.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Education

By: Representatives McCarty, Byrd, Nelson

House Bill 1207

(As Passed the House)

AN ACT TO AMEND SECTIONS 37-13-63 AND 37-13-64, MISSISSIPPI CODE OF 1972, TO PROVIDE AN EXCEPTION OF THE NUMBER OF DAYS SCHOOL DISTRICTS IMPACTED BY WINTER STORM FERN, WHICH WARRANTED THE GOVERNOR TO DECLARE A STATE OF EMERGENCY FOR SUCH PURPOSES, SHALL BE REQUIRED TO CONDUCT SCHOOL OUTSIDE OF THE REQUIRED 180 DAYS OF THE SCHOLASTIC YEARS BY GRANTING SUCH DISTRICTS WHICH CONTINUE TO BE ADVERSELY AFFECTED BEYOND THE EXPIRATION OF THE DECLARED STATE OF EMERGENCY ON JANUARY 27, 2026, NOT TO EXCEED FIFTEEN DAYS FOR PURPOSES OF THOSE SCHOOL BOARD'S ABILITY TO RECEIVE PAYMENT FROM THE STATE DEPARTMENT OF EDUCATION FOR PER PUPIL EXPENDITURE FOR PUPILS IN NET ENROLLMENT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 37-13-63, Mississippi Code of 1972, is amended as follows:

     37-13-63.  (1)  Except as otherwise provided, all public schools in the state shall be kept in session for at least one hundred eighty (180) days in each scholastic year.

     (2)  If the school board of any school district shall determine that it is not economically feasible or practicable to operate any school within the district for the full one hundred eighty (180) days required for a scholastic year as contemplated due to an enemy attack, a man-made, technological or natural disaster or extreme weather emergency in which the Governor has declared a disaster or state of emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, the school board may notify the State Department of Education of the disaster or weather emergency and submit a plan for altering the school term.  If the State Board of Education finds the disaster or extreme weather emergency to be the cause of the school not operating for the contemplated school term and that such school was in a school district covered by the Governor's or President's disaster or state of emergency declaration, it may permit that school board to operate the schools in its district for less than one hundred eighty (180) days; however, in no instance of a declared disaster or state of emergency under the provisions of this subsection shall a school board receive payment from the State Department of Education for per pupil expenditure for pupils in net enrollment in excess of ten (10) days, except for districts in northern Mississippi impacted by "Winter Storm Fern," for which the Governor declared a state of emergency on January 22, 2026, extending through at least January 27, 2026, which continued to be adversely affected, and for which payment from the State Department of Education for per pupil expenditure for pupils in net enrollment shall not exceed fifteen (15) days during the 2025-2026 scholastic year.

     SECTION 2.  Section 37-13-64, Mississippi Code of 1972, is amended as follows:

     37-13-64(1)  Beginning with the 2010-2011 school term, any school district required to close the operation of its schools by decision of the superintendent, under the authority provided by the local school board, due to extreme weather conditions, in the best interests of the health and safety of the students, administration and staff of the school district, shall be exempt from the requirement that schools be kept in session a minimum of one hundred eighty (180) days.  Any school district that closes its schools for reasons authorized under this section shall receive payment from the State Department of Education for per pupil expenditure for pupils in net enrollment not to exceed ten (10) days, except for districts in northern Mississippi impacted by "Winter Storm Fern," for which the Governor declared a state of emergency on January 22, 2026, extending through at least January 27, 2026, which continue to be adversely affected, and for which payment from the State Department of Education for per pupil expenditure for pupils in net enrollment shall not exceed fifteen (15) days during the 2025-2026 scholastic year.

     (2)  In the event weather conditions are cause for the closure of operations of schools in any local school district in any instance in which a state of emergency has not been declared pursuant to Section 37-151-211(4), the State Board of Education may consider, on a case-by-case basis, requests submitted by local school districts to alter the school calendar consistent with the provision of that section.

     SECTION 3.  This act shall take effect and be in force from and after its passage.


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