Bill Text: MS SB2159 | 2025 | Regular Session | Introduced
Bill Title: School districts; require Legislature's approval as condition for use of certain federal funds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-20 - Referred To Education [SB2159 Detail]
Download: Mississippi-2025-SB2159-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Education
By: Senator(s) Hill
Senate Bill 2159
AN ACT TO CREATE NEW SECTION 37-61-39, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT EACH SCHOOL DISTRICT SHALL PROVIDE ANNUALLY A WRITTEN REPORT TO THE SENATE APPROPRIATIONS COMMITTEE AND HOUSE APPROPRIATIONS COMMITTEE RESPONSIBLE FOR THE BUDGET OF THE STATE DEPARTMENT OF EDUCATION, AND TO THE GOVERNOR, DETAILING THE FEDERAL PROGRAMS THROUGH WHICH IT RECEIVED OR EXPECTS TO RECEIVE FEDERAL FUNDS AND THE AMOUNTS RECEIVED OR EXPECTED TO BE RECEIVED THEREUNDER IN THE CURRENT SCHOOL YEAR; TO REQUIRE, BEGINNING WITH THE 2026 REGULAR SESSION, THE SENATE AND HOUSE APPROPRIATIONS COMMITTEES TO REVIEW EACH FEDERAL PROGRAM IDENTIFIED AND TO INTRODUCE LEGISLATION DECLARING THEIR APPROVAL OR DISAPPROVAL OF THE SCHOOL DISTRICTS' USE OF SUCH FEDERAL FUNDS; TO PROVIDE THAT SCHOOL DISTRICTS SHALL REFUSE RECEIPT OF FEDERAL FUNDS FOR ANY FEDERAL PROGRAM NOT APPROVED IN SUCH LEGISLATION; TO PROVIDE EXCEPTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 37-61-39, Mississippi Code of 1972:
37-61-39. (1) On or before January 1, 2026, and on or before the first day of January of each year thereafter, each school district shall provide a written report to the Senate Appropriations Committee and House Appropriations Committee responsible for the budget of the State Department of Education, and to the Governor, detailing the federal programs through which it received or expects to receive federal funds and the amounts received or expected to be received thereunder in the current school year.
(2) Beginning with the 2026 Regular Session, the Senate Appropriations Committee and House Appropriations Committee responsible for the budget of the State Department of Education shall review each federal program identified by school districts under subsection (1) of this section. For each ongoing program identified, the committees shall each introduce legislation declaring their approval or disapproval of the school districts' use of such federal funds, which shall be taken up by each chamber in the manner of other legislation. If the legislation required by this section becomes law, school districts may use the federal funds for any federal programs approved therein. Except as provided in subsection (3) of this section, school districts shall refuse receipt of federal funds for any federal program not approved in the legislation required by this section.
(3) School districts may use federal funds appropriated to them without state legislative approval if:
(a) The United States Congress has clearly expressed in the federal legislation making the appropriation or authorizing the award of funds a clear intention to preempt state law; or
(b) Requiring state legislative approval before distribution of the funds to the school district would clearly conflict with Congress's purposes in appropriating the federal funds.
SECTION 2. This act shall take effect and be in force from and after its passage.
