Read the full stored bill text
H. B. No. 642 *HR43/R963* ~ OFFICIAL ~ G1/2
26/HR43/R963
PAGE 1 (DJ\KP)
To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Boyd (19th)
HOUSE BILL NO. 642
AN ACT TO CREATE NEW SECTION 37-61-39, MISSISSIPPI CODE OF 1
1972, TO REQUIRE LOCAL SCHOOL DISTRICTS TO PROVIDE ANNUAL REPORTS 2
DETAILING FEDERAL FUNDS RECEIVED OR EXPECTED TO BE RECEIVED; TO 3
REQUIRE DISTRICTS TO RECEIVE LEGISLATIVE APPROVAL AND 4
AUTHORIZATION FOR THE EXPENDITURE OF FEDERAL FUNDS PROVIDED BY THE 5
UNITED STATES DEPARTMENT OF EDUCATION; TO REQUIRE THE 6
APPROPRIATIONS COMMITTEES OF THE LEGISLATURE TO REVIEW AND APPROVE 7
OR DISAPPROVE THE USE OF SUCH FUNDS; TO AUTHORIZE THE USE OF 8
FEDERAL FUNDS WITHOUT LEGISLATIVE APPROVAL IN CASES OF FEDERAL 9
PREEMPTION; TO PRESCRIBE PENALTIES FOR NONCOMPLIANCE; TO AUTHORIZE 10
THE STATE AUDITOR TO INVESTIGATE AND AUDIT LOCAL SCHOOL DISTRICTS 11
FOR COMPLIANCE; AND FOR RELATED PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. This section shall be codified as Section 14
37-61-39, Mississippi Code of 1972: 15
37-61-39. (1) On or before January 1, 2027, and on or 16
before the January 1 of each year thereafter, each public school 17
district of this state shall provide a written report to the 18
Appropriations Committees of the House of Representatives and 19
Mississippi Senate and to the Governor detailing the federal 20
programs through which the district received or is expected to 21
receive federal funds, and the amounts of those funds received or 22
expected to be received thereunder for the current school year. 23
H. B. No. 642 *HR43/R963* ~ OFFICIAL ~
26/HR43/R963
PAGE 2 (DJ\KP)
(2) (a) Beginning with the 2027 Regular Session of the 24
Mississippi Legislature, the Appropriations Committees of the 25
House of Representatives and Mississippi Senate shall review each 26
federal program identified by school districts in Section 1 of 27
this act. For each such ongoing program identified, the 28
committees shall each introduce legislation declaring their 29
approval or disapproval of the school districts' use of such 30
federal funds, which shall be addressed by each chamber in the 31
same procedural manners as is required by other legislation, 32
provided such expenditures are in compliance with federal program 33
requirements and authorized purposes, and strictly adhere to any 34
state or federal guidelines to ensure the federal funds 35
supplement, not supplant, state and local funding provided to 36
school districts. The requirement for legislative approval 37
applies to all federal funds, including, but not limited to, funds 38
received under: 39
(i) Title I of the Elementary and Secondary 40
Education Act (ESEA); 41
(ii) The Individuals with Disabilities Education 42
Act (IDEA); 43
(iii) Any federal emergency relief funds, such as 44
those under the Elementary and Secondary School Emergency Relief 45
(ESSER) Fund; and 46
(iv) Other federal education programs. 47
H. B. No. 642 *HR43/R963* ~ OFFICIAL ~
26/HR43/R963
PAGE 3 (DJ\KP)
(b) Upon the effective date of this section and the 48
requirement prescribed herein becoming law, school districts may 49
use the federal funds for any federal programs approved therein. 50
Except as provided in subsection (3) hereof, school districts 51
shall refuse receipt of federal funds for any federal program not 52
approved in the legislation required by this subsection. 53
(3) School districts may use federal funds allocated to them 54
through the Department of Education without legislative approval 55
if: 56
(a) The United States Congress has clearly expressed in 57
the federal legislation making the appropriation or authorizing 58
the award of funds a clear intention to preempt state law; or 59
(b) Requiring state legislative approval before 60
distribution of the funds to the school district would clearly 61
conflict with the congressional purposes in appropriating the 62
federal funds. 63
SECTION 2. (1) Any local school district that expends 64
federal funds without prior legislative approval as required by 65
this act shall be subject to the following penalties: 66
(a) Withholding of state education funds until 67
compliance is achieved; and 68
(b) Additional sanctions as determined by the 69
Legislature or the SDE. 70
(2) The State Auditor shall have authority to investigate 71
and audit local school districts for compliance with this act. 72
H. B. No. 642 *HR43/R963* ~ OFFICIAL ~
26/HR43/R963
PAGE 4 (DJ\KP)
ST: School districts; require to report on
receipt of federal funds and receive legislative
approval for expenditure of such funds.
SECTION 3. This act shall take effect and be in force from 73
and after its passage. 74