As Amended
SEC. 37-15-31. Transfer of students between school districts generally.
(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 mutual consent of the school boards of all school districts concerned, which consent must be given in writing and spread upon the minutes of such boards.
(b) * * * If such a transfer is refused by the school board of either school district, then an appeal may be had to the county board of education. The county board of education to which the appeal is taken shall act thereon not later than the date of its next regular meeting subsequent to the disapproval or failure to act by the school board of the school district, or not later than the date of its next regular meeting subsequent to the filing of such appeal.
(c) The school board of the transferring school district to which such petition may be addressed shall act thereon not later than its next regular meeting subsequent to the filing or lodging of the petition, and a failure to act within that time shall constitute a rejection of such request. The school board of the other school district involved, the transferee board, and the county board of education, if applicable under paragraph (b) of this subsection, shall act on such request for transfer as soon as possible after the transferor board shall have approved or rejected such transfer and no later than the next regular meeting of the transferee board or county board of education, 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, and the county board of education if applicable under paragraph (b) of this subsection, then such decision shall be final. If such a transfer is refused by the school board of either school district or the county board of education, then such decision shall be final.
(d) Any legal guardianship formed for the purpose of establishing residency for school district attendance purposes shall not be recognized by the affected school board.
(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 on January 1, 1993, 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 may, in its discretion, may 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) Upon the petition in writing of any parent or legal guardian of a school-age child who is a resident of an adjacent school district residing in the geographical situation described in Section 37-15-29(3), the school board of the school district operating the school located in closer proximity to the residence of the child shall consent to the transfer of the child to its district, and shall spread the same upon the minutes of the board. Any such agreement by school boards for the legal transfer of a student under this subsection shall include a provision for the transportation of the student by either the transferor or the transferee school district. In the event that either the school board of the transferee or the transferor school district shall object to the transfer, it shall have the right to appeal to the State Board of Education whose decision shall be final. However, if the school boards agreeing on the legal transfer of any student * * * fail to agree on which district shall provide transportation, the responsibility for transporting the student to the transferee school district shall be that of the parent or guardian.
(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) Whenever a child has been accepted for enrollment by a school which is outside the school district in which the child resides under the limited open enrollment policy implemented by the State Department of Education pursuant to Section 1, House Bill No. , 2001 Regular Session, the school board of the school district in which the school is situated shall consent to the child's enrollment in and attendance at the school.
SOURCES: Codes, 1942, § 6248-07; Laws, 1953, Ex Sess, ch. 14, § 7; Laws, 1954, Ex Sess, ch. 25, §§ 1, 2 (Paras. 1, 2); Laws, 1960, ch. 296, §§ 1, 2; Laws, 1962, ch. 357, § 1; Laws, 1986, ch. 492, § 96; Laws, 1987, ch. 307, § 16; Laws, 1988, ch. 466, § 1; Laws, 1989, ch. 508, § 2; Laws, 1990, ch. 565, § 2; Laws, 1991, ch. 349, § 2; Laws, 1992, ch. 410, § 2; Laws, 1993, ch. 602, § 3; Laws, 1994, ch. 597, § 1, 1994, ch. 607, § 21; Laws, 2001, ch. 454, § 1, HB 68, eff from and after July 1, 2001.
PREVIOUS VERSIONS: Pre-2001