Pupil transportation; provide discretionary authority to local school boards to provide for those who live within one mile of the school.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives McCarty, Scott

HOUSE BILL NO. 1320

AN ACT TO AMEND SECTIONS 37-41-3 AND 37-41-13, MISSISSIPPI 1
CODE OF 1972, TO PROVIDE LOCAL SCHOOL BOARD WITH THE DISCRETIONARY 2
AUTHORITY TO PROVIDE TRANSPORTATION TO STUDENTS WHO LIVE WITHIN 3
ONE MILE OF THE SCHOOL DISTRICT TO WHICH THEY ARE ASSIGNED IF 4
CONDITIONS FOR WALKING TO SCHOOL PRESENTS A SIGNIFICANT RISK TO 5
THE SAFETY OF THE STUDENTS; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 37-41-3, Mississippi Code of 1972, is 8
amended as follows: 9
37-41-3. Pupils of legal school age, which shall include 10
kindergarten pupils, and in actual attendance in the public 11
schools who live a distance of one (1) mile or more by the nearest 12
traveled road from the school to which they are assigned by the 13
school district in which they are enrolled shall be entitled to 14
transportation within the meaning of this chapter. Nothing 15
contained in this section shall be construed to bar any child from 16
such transportation where he or she lives less than one (1) mile 17
and is on the regular route of travel of a school bus and space is 18
available in such bus for such transportation. The school boards 19
may provide transportation for pupils who live less than one (1) 20
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mile from the school to which they are assigned when, in the 21
judgment of the board, a demonstrable danger exists to the safety 22
of the pupils walking to school. Those dangers may include, but 23
are not limited to, (i) lack of sidewalks or pedestrian walkways 24
along heavily trafficked roadways, (ii) crossing of highways, 25
interstates or major roadways, (iii) areas with a documented 26
pattern of crime, violence or human trafficking activity that pose 27
a threat to student safety, (iv) railroad crossing or industrial 28
zones that create a hazardous environment or (v) other conditions 29
as determined by the local school board that present a significant 30
risk to pupil safety. No state funds shall be paid for the 31
transportation of children living within one (1) mile of the 32
school, except as otherwise provided in this chapter, and such 33
children shall not be included in transportation reports. In the 34
development of route plans, economy shall be a prime 35
consideration. There shall be no duplication of routes except in 36
circumstances where it is totally unavoidable. The State 37
Department of Education shall have authority to investigate school 38
bus routing when there is reason to believe the provisions of this 39
statute are being violated. The State Board of Education shall 40
have authority to withhold transportation funds when school 41
districts fail to correct unnecessary route duplication. Provided 42
further, that all school districts are hereby authorized to lease 43
or contract with any public or private individual, partnership, 44
corporation, association, agency or other organization for the 45
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implementation of transportation of pupils as provided for in this 46
section. 47
The school boards may provide transportation to such crippled 48
and physically handicapped children as may be designated by such 49
boards, when the failure to do so would result in undue hardship, 50
even though the children are not otherwise entitled to 51
transportation under the provisions of this chapter. The State 52
Department of Education shall require all school districts during 53
the 1993-1994 school year to equip school buses with properly 54
designed seat belts to protect such physically handicapped 55
children, and school districts are authorized to expend funds 56
therefor from nonminimum program or other sources. 57
Where space is available, students attending junior colleges 58
shall be allowed transportation on established routes in 59
district-owned buses. However, no additional funds shall be 60
allocated or expended for such purposes, and such persons shall 61
not be included in transportation reports. 62
Children enrolled in special or alternative programs approved 63
by school boards may be provided transportation even though such 64
children are not otherwise entitled to transportation under the 65
provisions of this chapter. No additional funds shall be 66
allocated or expended for such purpose, and such children shall 67
not be included in transportation reports. 68
SECTION 2. Section 37-41-13, Mississippi Code of 1972, is 69
amended as follows: 70
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ST: Pupil transportation; provide discretionary
authority to local school boards to provide for
those who live within one mile of the school.
37-41-13. All routes shall be laid out so as to place all 71
pupils entitled to transportation within a reasonable distance of 72
same. No child entitled to transportation shall be required to 73
walk a greater distance than one (1) mile to reach the vehicle of 74
transportation in the morning or to reach his or her home in the 75
afternoon. Local school districts may provide transportation for 76
pupils who live within one (1) mile of the school to which they 77
are assigned if conditions exist that pose a significant risk to 78
the safety of the pupils, as defined in Section 27-41-3. 79
Temporary or emergency transportation may also be provided for 80
pupils who do not normally qualify under this section, when an 81
imminent or newly identified threat to pupil safety is documented. 82
SECTION 3. This act shall take effect and be in force from 83
and after July 1, 2026. 84