Bill Text: MS SB2690 | 2013 | Regular Session | Introduced
Bill Title: Transfer of students between school districts; automatic transfer of students attending school rated "C," "D" or "F."
Spectrum: Bipartisan Bill
Status: (Failed) 2013-02-05 - Died In Committee [SB2690 Detail]
Download: Mississippi-2013-SB2690-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education; Finance
By: Senator(s) Carmichael, Tollison
Senate Bill 2690
AN ACT TO CREATE AN OPPORTUNITY SCHOLARSHIP FOR LOW-INCOME STUDENTS TO ATTEND AN APPROVED NONPUBLIC SCHOOL; TO PROVIDE AN INCOME TAX CREDIT FOR CONTRIBUTORS TO THE PROGRAM; TO AMEND SECTIONS 37-15-29 AND 37-15-31, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE TRANSFER OF STUDENTS TO A SCHOOL OF CHOICE UPON THE PETITION OF THE PARENT OR GUARDIAN OF SUCH STUDENT; TO PROVIDE THAT TRANSPORTATION OF SUCH STUDENT TO THE TRANSFEREE SCHOOL SHALL BE THE RESPONSIBILITY OF THE PARENT OR GUARDIAN UNLESS THE SCHOOL DISTRICT AGREES TO PROVIDE TRANSPORTATION; TO AMEND SECTION 37-151-93, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO SCHOOL DISTRICT ACCEPTING ANY TRANSFER STUDENT SHALL CHARGE THE STUDENT ANY TUITION FEES; TO AMEND SECTIONS 37-15-13 AND 37-15-15, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is created an opportunity scholarship program to give low-income public school students the opportunity to enroll and attend an approved nonpublic school. The program shall be administered by a Scholarship Granting Organization (SGO) selected by the State Board of Education as hereinafter provided.
(2) A public school student's parent may request and receive from the SGO an opportunity scholarship for the student to enroll in an approved nonpublic school in accordance with the provisions of this section if:
(a) The student has spent the prior school year in attendance at a public school graded "D" or "F" and that has had two (2) school years in a four-year period of such low performance, and the student's attendance occurred during a school year in which such designation was in effect; or
(b) The student is entering Kindergarten or First Grade and lives within the attendance zone of such a school for the next school year;
(c) The family income of the student is up to two hundred fifty percent (250%) of the established poverty level; and
(d) The parent has obtained acceptance for admission of the student to an approved nonpublic school and has notified the SGO and the school district of the request for an opportunity scholarship no later than July 1 of the first year in which the student intends to use the scholarship.
(3) The provisions of this section shall not apply to students enrolled in a school operating for providing educational services to youth juvenile justice system commitment programs.
SECTION 2. (1) A school district shall, for each student enrolled in or assigned to a school that has been graded "D" or "F" for two (2) school years in a four-year period, timely notify the parent of the student as soon as such designation is made of all options available pursuant to this act.
(2) Transportation costs to an approved nonpublic school shall be the responsibility of the family.
SECTION 3. (1) To be eligible to participate in the Opportunity Scholarship Program, a school must be a nonpublic school operating in Mississippi, may be sectarian or nonsectarian, and must:
(a) Demonstrate fiscal soundness by being in operation for one (1) school year or provide the Department of Education with a statement by a certified public accountant confirming that the school desiring to participate is insured. In addition, the owner or owners must have sufficient capital or credit to operate the school for the upcoming year serving the number of students anticipated with expected revenues from tuition and other sources that may be reasonably expected. In lieu of such a statement, a surety bond or letter of credit for the amount equal to the opportunity scholarship funds available for any quarter may be filed with the department.
(b) Notify the Department of Education of its intent to participate in the program under this section by May 1 of the school year preceding the school year in which it intends to participate. The notice shall specify the grade levels and services that the school has available for the Opportunity Scholarship Program.
(c) Comply with the antidiscrimination provisions of 42 USC 2000d.
(d) Meet state and local health and safety laws and codes.
(e) Accept scholarship students on an entirely random and religious-neutral basis without regard to the student's past academic history; however, the school may give preference in accepting applications to siblings of students who have already been accepted on a random and religious-neutral basis.
(f) Be academically accountable to the parent for meeting the educational needs of the student. The school must furnish a school profile that includes student performance.
(g) Employ or contract with teachers who hold a baccalaureate or higher degree, or have at least three (3) years of teaching experience in public or nonpublic schools, or have special skills, knowledge or expertise that qualifies them to provide instruction in subjects taught.
(h) Comply with all state statutes relating to nonpublic schools.
(i) Adhere to the tenets of its published disciplinary procedures prior to the expulsion of any opportunity scholarship student.
(2) The State Board of Education shall determine eligible nonpublic schools based upon the criteria set forth in subsection (1) of this section and shall maintain a list of approved nonpublic schools.
SECTION 4. (1) Any student participating in the Opportunity Scholarship Program must remain in attendance throughout the school year, unless excused by the school for illness or other good cause, and must comply fully with the school's code of conduct.
(2) The parent of each student participating in the Opportunity Scholarship Program must comply fully with the school's parental involvement requirements, unless excused by the school for illness or other good cause.
SECTION 5. (1) The maximum opportunity scholarship granted for an eligible student shall be a calculated amount equivalent to ninety percent (90%) of base student cost, or the amount of the approved nonpublic school's cost of educating the child, whichever is less. Fees eligible for reimbursement from the scholarship shall include textbook fees, lab fees and other fees related to instruction, including transportation.
(2) No liability shall arise on the part of the state based on any grant or use of an opportunity scholarship.
SECTION 6. (1) The State Board of Education shall select a Scholarship Granting Organization to serve as administrator of the Opportunity Scholarship Program and establish compensation for services performed. The SGO shall demonstrate to the board that it has been granted exemption from the federal income tax as an organization described in Section 501(c)(3) of the Internal Revenue Code.
(2) The SGO shall:
(a) Create a fund to be designated the "Opportunity Scholarship Fund" which shall consist of money designated for deposit therein from gifts, donations or contributions from individuals, corporations or any other source, public or private. Unexpended monies in the fund and interest earned thereon shall not be used or expended for any purpose except as authorized in this act.
(b) Notify the department of scholarships awarded to students attending approved nonpublic schools.
(c) Distribute periodic scholarship payments as checks made out to a student's parent or guardian and mailed to the qualifying school where the student is enrolled. The parent or guardian must endorse the check before it can be deposited.
(d) Provide a department-approved receipt to taxpayers for contributions made to the SGO.
(e) Ensure that at least ninety-three percent (93%) of its revenue from donations is spent on scholarships, and that all revenue from interest or investments is spent on scholarships.
(f) Ensure that scholarships are portable during the school year and can be used at any approved nonpublic school that accepts the eligible student according to a parent's wishes. If a student moves to a new qualifying school during a school year, the scholarship amount may be prorated.
(g) Publicly report to the department by June 1 of each year the following information prepared by a certified public accountant regarding its grants in the previous calendar year:
(i) The total number and total dollar amount of contributions received during the previous calendar year; and
(ii) The total number and total dollar amount of scholarships awarded during the previous calendar year, the total number and total dollar amount of scholarships awarded during the previous year to students qualifying for the federal free and reduced-price lunch program, and the percentage of first-time recipients of scholarships who were enrolled in a public school during the previous year.
(h) Ensure scholarships are not provided for students to attend a school with paid staff or board members, or relatives thereof, in common with the SGO.
(i) Annually submit to the department a financial information report for the organization that complies with uniform financial accounting standards established by the department and conducted by a certified public accountant, certifying that the report is free of material misstatements.
(3) All participating schools shall demonstrate financial viability, if they are to receive donations of Fifty Thousand Dollars ($50,000.00) or more during the school year, by:
(a) Filing with the SGO prior to the start of the school year a surety bond payable to the SGO in an amount equal to the aggregate amount of contributions expected to be received during the school year; or
(b) Filing with the SGO prior to the start of the school year financial information that demonstrates the financial viability of the participating school.
(4) (a) The SGO shall ensure that participating schools that accept its scholarship shall:
(i) Annually administer either the state achievement tests or nationally recognized norm-references tests that measure learning gains in math and language arts to all participating students in grades that require testing under the state's accountability testing laws for public schools;
(ii) Allow costs of the testing requirements to be covered by the scholarships distributed by the SGO;
(iii) Provide the parents of each student who was tested with a copy of the results of the tests on an annual basis, beginning with the first year of testing;
(iv) Provide the test results to the department on an annual basis, beginning with the first year of testing;
(v) Report student information that would allow the state to aggregate data by grade level, gender, family income level and race; and
(vi) Provide graduation rates of participating students to the department in a manner consistent with nationally recognized standards.
(b) The department shall:
(i) Ensure compliance with all student privacy laws;
(ii) Collect all test result; and
(iii) Provide the test results and associated learning gains to the public via a state website after the third year of test and test-related data collection. The findings shall be aggregated by the students' grade level, gender, family income level, number of years of participation in the scholarship program and race.
(5) Individuals and corporations contributing to the Opportunity Scholarship Fund shall be eligible for a tax credit pursuant to Section 7 of this act. Donations accepted by the SGO in any one (1) calendar year shall not exceed Ten Million Dollars ($10,000,000.00).
(6) The SGO shall promulgate rules necessary to effectuate the purposes of this act. Such rules shall include a means of informing the public of the existence of the Opportunity Scholarship Program and the application process for scholarship candidates.
SECTION 7. This section shall be codified in Title 27, Chapter 7, of the Mississippi Code of 1972, as follows:
(1) Any individual, corporation or other entity having taxable income in this state is allowed an annual tax credit for taxes imposed by Section 27-7-5 for donations made to the "Opportunity Scholarship Fund" created by Section 6 of this act. Any unused portion of the credit may be carried forward for three (3) tax years.
(2) Any donation to the fund must be verified by submission to the Department of Revenue of a copy of the receipt provided to the donor taxpayer by the Scholarship Granting Organization or such other written verification as may be required by the Department of Revenue.
(3) The maximum amount of donations accepted by the administrator of the Opportunity Scholarship Program created by this act in any one (1) calendar year shall not exceed Ten Million Dollars ($10,000,000.00).
SECTION 8. Section 37-15-29, Mississippi Code of 1972, is amended as follows:
37-15-29. (1) Except as
provided in subsections (2), (3), * * * (4) and (5) of this section, no
minor child may enroll in or attend any school except in the school district of
his residence, unless such child be lawfully transferred from the school
district of his residence to a school in another school district in accord with
the statutes of this state now in effect or which may be hereafter enacted.
(2) Those children whose parent(s) or legal guardian(s) are instructional personnel or certificated employees of a school district may at such employee's discretion enroll and attend the school or schools of their parent's or legal guardian's employment regardless of the residence of the child.
(3) No child shall be required to be transported in excess of thirty (30) miles on a school bus from his or her home to school, or in excess of thirty (30) miles from school to his or her home, if there is another school in an adjacent school district located on a shorter school bus transportation route by the nearest traveled road. Those children residing in such geographical situations may, at the discretion of their parent(s) or legal guardian(s), enroll and attend the nearer school, regardless of the residence of the child. In the event the parent or legal guardian of such child and the school board are unable to agree on the school bus mileage required to transport the child from his or her home to school, an appeal shall lie to the State Board of Education, or its designee, whose decision shall be final. The school districts involved in the appeal shall provide the Mississippi Department of Education with any school bus route information requested, including riding the buses as necessary, in order to measure the bus routes in question, as needed by the State Board of Education in considering the appeal.
(4) Those children lawfully transferred from the school district of his residence to a school in another school district prior to July 1, 1992, may, at the discretion of their parent(s) or legal guardian(s), continue to enroll and attend school in the transferee school district. Provided further, that the brother(s) and sister(s) of said children lawfully transferred prior to July 1, 1992, may also, at the discretion of their parent(s) or legal guardian(s), enroll and attend school in the transferee school district.
(5) Those children who are attending a school in a school district in this state may transfer to the school of the parent's choice, provided that the transferee school district accepts enrollment based on available capacity in the manner provided in Section 37-15-31.
SECTION 9. Section 37-15-31, Mississippi Code of 1972, is amended as follows:
37-15-31. (1) (a) Except
as provided in subsections (2) through (5) of this section, upon the petition
in writing of a parent or guardian resident of the school district of an
individual student filed or lodged with the president or secretary of the
school board of a school district in which the pupil has been enrolled or is
qualified to be enrolled as a student under Section 37-15-9, or upon the
aforesaid petition or the initiative of the school board of a school district
as to the transfer of a grade or grades, individual students living in one
school district or a grade or grades of a school within the districts may be
legally transferred to another school district, by the * * * consent of the school * * * board of * * * the transferee school * * * district concerned, which
consent must be given in writing and spread upon the minutes of * * *
the transferee school district with a copy of such pertinent part of the
minutes transmitted to the transferring school district for its records.
(b) * * *
The school board of the * * * other transferee school district involved * * * shall act on such request for transfer as
soon as possible after the * * * request
for transfer is made, and a failure of such transferee board to act within
such time shall constitute a rejection of such request. If such a transfer is
approved by the transferee board, then such decision shall be final. If such a
transfer should be refused by the school board of * * * the transferee school district,
then such decision shall be final. Whether to consent to the student
transfer is in the sole discretion of the school board of the transferee school
district based upon available capacity; however, selection of transferring
students shall be done following an approved, uniform policy for random
selection.
(c) Any legal guardianship formed for the purpose of establishing residency for school district attendance purposes shall not be recognized by the affected school board. Students seeking transfer for any nonacademic reason shall not be approved.
(2) (a) Upon the petition in writing of any parent or guardian who is a resident of Mississippi and is an instructional or licensed employee of a school district, but not a resident of such district, the school board of the employer school district shall consent to the transfer of such employee's dependent school-age children to its district and shall spread the same upon the minutes of the board. Upon the petition in writing of any parent or guardian who is not a resident of Mississippi and who is an instructional or licensed employee of a school district in Mississippi, the school board of the employer school district shall consent to the transfer of such employee's dependent school-age children to its district and shall spread the same upon the minutes of the board.
(b) The school board
of any school district * * * shall adopt a uniform policy to allow
the enrollment and attendance of the dependent children of noninstructional and
nonlicensed employees, who are residents of Mississippi but are not residents
of their district. Such policy shall be based upon the employment needs of the
district, implemented according to job classification groups and renewed each
school year.
(c) The employer transferee school district shall notify in writing the school district from which the pupil or pupils are transferring, and the school board of the transferor school district shall spread the same upon its minutes.
(d) Any such agreement by school boards for the legal transfer of a student shall include a provision providing for the transportation of the student. In the absence of such a provision the responsibility for transporting the student to the transferee school district shall be that of the parent or guardian.
(e) Any school district which accepts a student under the provisions of this subsection shall not assess any tuition fees upon such transferring student in accordance with the provisions of Section 37-19-27.
(3) * * * In regards to the
transfer of students under subsection (1) of this section, the
responsibility for transporting the student to the transferee school district
shall be that of the parent or guardian unless the school district agrees to
provide transportation.
(4) Upon the petition in writing of any parent or legal guardian of a school-age child who was lawfully transferred to another school district prior to July 1, 1992, as described in Section 37-15-29(4), the school board of the transferee school district shall consent to the transfer of such child and the transfer of any school-age brother and sister of such child to its district, and shall spread the same upon the minutes of the board. (5) (a) If the board of trustees of a municipal separate school district with added territory does not have a member who is a resident of the added territory outside the corporate limits, upon the petition in writing of any parent or legal guardian of a
school-age child who is a resident of the added territory outside the corporate limits, the board of trustees of the municipal separate school district and the school board of the school district adjacent to the added territory shall consent to the transfer of the child from the municipal separate school district to the adjacent school district. The agreement must be spread upon the minutes of the board of trustees of the municipal separate school district and the school board of the adjacent school district. The agreement must provide for the transportation of the student. In the absence of such a provision, the parent or legal guardian shall be responsible for transporting the student to the adjacent school district. Any school district that accepts a student under this subsection may not assess any tuition fees against the transferring student.
(b) Before September 1 of each year, the board of trustees of the municipal separate school district shall certify to the State Department of Education the number of students in the added territory of the municipal separate school district who are transferred to the adjacent school district under this subsection. The municipal separate school district also shall certify the total number of students in the school district residing in the added territory plus the number of those students who are transferred to the adjacent school district. Based upon these figures, the department shall calculate the percentage of the total number of students in the added territory who are transferred to the adjacent school district and shall certify this percentage to the levying authority for the municipal separate school district. The levying authority shall remit to the school board of the adjacent school district, from the proceeds of the ad valorem taxes collected for the support of the municipal separate school district from the added territory of the municipal separate school district, an amount equal to the percentage of the total number of students in the added territory who are transferred to the adjacent school district.
(6) Upon the petition in writing of any parent or legal guardian of a school-age child who is attending a school in a school district in this state, the school board of the transferee school district may, in its discretion, provided that there is available capacity, approve the transfer of the child and shall spread the consent upon the minutes of the board. If the transferee school is in the same school district, the superintendent of schools may, in his discretion, approve the transfer of the child, which consent shall be subject to the ratification of the local school board and spread upon the minutes of the board. The selection of students desiring to transfer shall be done following an MDE approved uniform policy for random selection. The responsibility for transporting the student to the transferee school district or transferee school shall be that of the parent or guardian, unless the school district agrees to provide transportation.
SECTION 10. Section 37-151-93, Mississippi Code of 1972, is amended as follows:
37-151-93. (1) Legally
transferred students going from one school district to another shall be counted
for adequate education program allotments by the school district wherein the
pupils attend school, but shall be counted for transportation allotment
purposes in the school district which furnishes or provides the
transportation. The school boards of the school districts which approve the
transfer of a student under the provisions of Section 37-15-31 shall enter into
an agreement and contract for the payment or nonpayment of any portion of their
local maintenance funds which they deem fair and equitable in support of any
transferred student. Except as provided in subsection (2) of this section,
local maintenance funds shall be transferred only to the extent specified in
the agreement and contract entered into by the affected school districts. The
terms of any local maintenance fund payment transfer contract shall be spread
upon the minutes of both of the affected school district school boards. The
school district accepting any transfer students shall be authorized to accept
tuition from such students under the provisions of Section 37-15-31(1) * * *. No school
district accepting any transfer students under the provisions of Section 37-15-31(2),
which provides for the transfer of certain school district employee dependents,
shall be authorized to charge such transfer students any tuition fees. No
school district accepting any transfer students under the provisions of Section
37-15-31(6) shall be authorized to charge such transfer students any tuition
fees.
(2) Local maintenance funds shall be paid by the home school district to the transferee school district for students granted transfers under the provisions of Sections 37-15-29(3) and 37-15-31(3), Mississippi Code of 1972, not to exceed the "base student cost" as defined in Section 37-151-5, Mississippi Code of 1972, multiplied by the number of such legally transferred students. Under the open-enrollment policy, local dollars do not transfer from one district to another.
SECTION 11. Section 37-15-13, Mississippi Code of 1972, is amended as follows:
37-15-13. When any child qualified under the requirements of Section 37-15-9 shall apply or present himself for enrollment in or admission to the public schools of any school district of this state, the school board of such school district shall have the power and authority to designate the particular school or attendance center of the district in which such child shall be enrolled and which he shall attend; no enrollment of a child in a school shall be final or permanent until such designation shall be made by said school board. No child shall be entitled to attend any school or attendance center except that to which he has been assigned by the school board; however, the principal of a school or superintendent of the district may, in proper cases, permit a child to attend a school temporarily until a permanent assignment is made by the school board. Beginning with the 2013-2014 school year, a child who is attending a school in a school district in this state may attend a school of parental choice in the manner prescribed in Section 37-15-31.
SECTION 12. Section 37-15-15, Mississippi Code of 1972, is amended as follows:
37-15-15. In making assignments of children to schools or attendance centers, the school board shall take into consideration the educational needs and welfare of the child involved, the welfare and best interest of all the pupils attending the school or schools involved, the availability of school facilities, sanitary conditions and facilities at the school or schools involved, health and moral factors at the school or schools, and in the community involved, the accreditation rating of the school involved, and all other factors which the school board may consider pertinent, relevant or material in their effect on the welfare and best interest of the school district and the particular school or schools involved. All such assignments shall be on an individual basis as to the particular child involved and, in making such assignment, the school board shall not be limited or circumscribed by the boundaries of any attendance areas which may have been established by such board.
SECTION 13. This act shall take effect and be in force from and after July 1, 2013.
