Senate Bill 2691: Inter-District Student Transfers

March 13, 2024March 20, 2024 Company Updates

Latest Action

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On March 13, SB 2691 was recommitted to committee and died in committee.

Explanation of the Bill

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Senate Bill 2691 would ease the process of student transfers between traditional public school districts by removing the requirement that a student’s home district must approve their release, as well as allowing children of active duty military personnel to attend any district in the state. 

Mississippi currently has a very limited form of “open enrollment” that allows students to transfer from their home district (or “transferor district,” i.e., the school district whose geographical boundaries the student lives within) to a receiving district (or “transferee district”), provided that both districts approve the transfer request. While there are a few exceptions to this process (see table below), the requirement of both districts to approve a transfer creates a significant barrier to inter-district transfers.

SB 2691 would remove the requirement that a transferor district must approve a transfer request, instead only requiring the transferee district to approve a transfer. After a parent or guardian petitions for a transfer, the transferee district would be required to approve or deny the request by the next school board meeting. Failing to act during this timeframe would constitute denial of the transfer request by the transferee district. Under SB 2691, any student who transfers would only be “athletically eligible” for one school per year, and eligibility would be determined based on their fall semester enrollment. This means that a student transferring mid-year would not be eligible to participate in athletics at their new school for the remainder of the school year.

SB 2691 would also revise an existing transfer pathway for children of active duty and civilian military personnel. Under SB 2691, children of “active members of the United State Armed Forces” l would be authorized to transfer to any district in the state, rather than just any district within 30 miles of the child’s residence (as is currently allowed under state law). Transferee districts would not be authorized to deny these transfers. Children of “civilian military personnel” (who are currently eligible for the existing version of this pathway) are not included in the new language, meaning a transferee district would be authorized to deny their transfer.

Circumstance	Relevant Code(s)	Approval Needed	Tuition & Fees	Changes under SB 2691
Any student	37-15-31(1); 37-151-93(1)	Transferor district and transferee district may choose to approve or deny the request.	Transferee district may charge tuition.	Only the transferee district may choose to approve or deny; athletic eligibility shall be determined based on fall semester enrollment
Student who is a child of “an instructional or licensed employee” of the transferee district.	37-15-31(2); 37-15-29(2)	Both districts must approve the transfer upon request.	Transferee district may not charge tuition.	No change.
Student who resides more than 30 miles away from the transferor district and resides closer to the transferee district.	37-15-31(3); 37-15-29(3);37-151-93(2)	Both districts must approve the transfer upon request, though they can appeal a transfer request to the State Board of Education.	Transferor district shall pay pro rata local maintenance funds to transferee district.	Clarification that the transferee district may not charge tuition.
Student, or their sibling, who transferred prior to July 1, 1992.	37-15-31(4);37-15-29(4)	Transferee district must approve the transfer upon request.	Law does not specify.	Exception is repealed: no longer relevant.
Student who resides in annexed territory of a municipal separate school district without school board representation.	37-15-31(5)	Both districts must approve the transfer upon request.	Transferee district may not charge tuition; transferor district must remit pro rata ad valorem taxes to transferee district.	No change.
Student who is a child of active duty or civilian military personnel and resides within 30 miles of the transferee district.	37-15-29(5)	No approval necessary.	Law does not specify.	Exception for children of civilian military personnel is repealed; exception for children of active duty military personnel is revised (see below).
NEW: Student who is a child of an active member of US Armed Forces	New: 37-15-31(6)	No approval necessary.	Transferee district may not charge tuition.	New subsection.

SB 2691 is similar in scope to House Bill 867, aside from a few key differences:

• HB 867 includes a provision that the open enrollment pathways under the bill would not “supersede any provision of an enforceable desegregation order or a court-approved desegregation plan,” meaning that students would likely not be eligible to transfer to and from districts under a desegregation order. SB 2691 does not include this provision.
• HB 867 includes a provision that would require transferee districts to report to MDE the name, grade, GPA, gender, and ethnicity of any transfer students; SB 2691 does not include this provision.
• HB 867 and SB 2691 would each allow children of “active members United States Armed Forces” to attend any district in the state, regardless of where they reside. However, SB 2691 completely removes children of “civilian military personnel” from this specific transfer pathway, whereas HB 867 would still allow these children to utilize this pathway, provided that they live within 30 miles of the transferee district.
• Under SB 2961, a school board failing to act on the transfer request would constitute  denial of the request; under HB 867, failing to act on a transfer request would constitute approval of the request.