House passes public to public school transfer bill, easing the process for students

• The legislation removes the ability of school districts to veto the transfer of a student to another district.

The Mississippi House of Representatives voted Thursday to pass a bill that makes public to public school transfers easier for students and their families. It would also establish a fund to ensure accepting school districts have adequate funding to educate the child. 

HB 1435, authored by State Rep. Jansen Owen (R), removes a school district’s ability to veto a student’s transfer to another public school, eliminating a step in the transfer process. Currently, both the sending and receiving school districts must approve a student transfer. Under the proposed legislation, only the receiving school district would be required to approve the transfer. 

“Under current law if I decide to send my child to another school and that school accepts my child, my school district is allowed to veto (that),” Owen described.

Only the state portion of the student funding will follow the child to the transfer school. All local, or ad valorem tax funding associated with that student would stay within the sending district.

To address financial concerns over the transfer student not receiving the additional local funding, $5 million would be set aside from the state’s general fund to be distributed to accepting districts that request the gap funding. The funds would be accessible on a first come, first serve basis. 

The legislation includes several restrictions to ensure discrimination does not occur in the transfer process, such as the receiving school district cannot reject a transfer child based on sex, race, religion and other personally identifying factors.

Additionally, Rep. Owen said the receiving school district cannot discriminate based on the student’s academic and/or athletic performance. Some opposing lawmakers expressed the concern that the bill could result in a sort of “transfer portal” for student athletes.

The measure allows for transfer requests to be submitted at any point in the school year, after which time the district has 60 days to make a decision. Receiving districts will retain the ability to deny a request, specifically as it relates to student capacity. 

A number of Democratic representatives opposed the bill. State Rep. John Faulkner (D), among others, expressed concern that such a bill would lead the state back down a road to segregation.

“If we truly care about our children’s future, we must invest in every school,” Faulkner said.

Rep. Owen contended that the legislation aimed to help the state’s low-income students whose parents cannot afford to pay for them to attend private school or move to a higher performing district. He said low-income students deserved to have similar educational access, which is what the bill provides for should parents see the need.

Owen was also asked if the state’s administrators, namely superintendents, were on board with this bill. “I’m not saying they’re on board,” he told the House.

State Rep. Omeria Scott (D) submitted an amendment to remove the $5 million fund, saying taxpayers in south Mississippi should not be subsidizing a student transfer in north Mississippi. Her amendment failed. 

However, another amendment was adopted by the House. State Rep. Zakiya Summers (D) offered an amendment to require a reporting system be established, allowing the Legislature to track transfers and determine if discrimination is occurring. 

The amended legislation passed the House by a vote of 67-46. It now heads to the Senate for consideration.

HB 1435 is similar to another bill working its way through the House, HB 1433. However, HB 1433 provides for public to public and public to non-public school transfers for students attending a district rated a D or F within the last five years. That bill has not been discussed on the floor as of mid-day Thursday.