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S. B. No. 2285 *SS36/R782* ~ OFFICIAL ~ G1/2
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To: Education; Judiciary,
Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) McLendon
SENATE BILL NO. 2285
AN ACT TO PROVIDE THAT NO COUNTY, MUNICIPALITY OR SCHOOL 1
DISTRICT OF THIS STATE SHALL ENFORCE A FOREIGN LAW IF DOING SO 2
WOULD VIOLATE A RIGHT GUARANTEED TO A NATURAL PERSON BY THE UNITED 3
STATES CONSTITUTION OR THE MISSISSIPPI CONSTITUTION; TO PROVIDE 4
THAT, IF A COUNTY, MUNICIPALITY OR SCHOOL DISTRICT IS FOUND TO BE 5
IN VIOLATION OF THIS SECTION, THE SCHOOL DISTRICT ASSOCIATED WITH 6
THE NONCOMPLIANT LOCAL GOVERNMENT UNIT SHALL NOT BE ENTITLED TO 7
THE FUNDING PROVIDED TO TRANSFEREE SCHOOL DISTRICTS UNDER SECTION 8
37-151-93 FOR THE FOLLOWING SCHOOL YEAR; TO AMEND SECTION 9
37-151-93, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED 10
PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. (1) As used in this section, "foreign law" means 13
any law, rule, legal code or legal system other than the 14
constitution, laws and ratified treaties of the United States and 15
the territories of the United States, the constitution and laws of 16
another state of the United States, Native American tribal law, 17
the Mississippi Constitution of 1890, and the laws of this state. 18
(2) No county, municipality or school district of this state 19
shall enforce a foreign law if doing so would violate a right 20
guaranteed to a natural person by the United States Constitution 21
or the Mississippi Constitution of 1890. 22
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(3) If a county, municipality or school district is found to 23
be in violation of this section, the school district associated 24
with the noncompliant local government unit shall not be entitled 25
to the funding provided to transferee school districts under 26
Section 37-151-93 for the following school year. 27
SECTION 2. Section 37-151-93, Mississippi Code of 1972, is 28
amended as follows: 29
37-151-93. (1) Except as provided in Section 1 of this act, 30
legally transferred students going from one school district to 31
another shall be counted for total funding formula allotments by 32
the school district wherein the pupils attend school, but shall be 33
counted for transportation allotment purposes in the school 34
district which furnishes or provides the transportation. The 35
school boards of the school districts which approve the transfer 36
of a student under the provisions of Section 37-15-31 shall enter 37
into an agreement and contract for the payment or nonpayment of 38
any portion of their local maintenance funds which they deem fair 39
and equitable in support of any transferred student. Except as 40
provided in subsection (2) of this section, local maintenance 41
funds shall be transferred only to the extent specified in the 42
agreement and contract entered into by the affected school 43
districts. The terms of any local maintenance fund payment 44
transfer contract shall be spread upon the minutes of both of the 45
affected school district school boards. The school district 46
accepting any transfer students shall be authorized to accept 47
S. B. No. 2285 *SS36/R782* ~ OFFICIAL ~
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ST: Unconstitutional foreign laws; forbid local
enforcement, subject to denial of transferee
school district funding.
tuition from such students under the provisions of Section 48
37-15-31(1) and such agreement may remain in effect for any length 49
of time designated in the contract. The terms of such student 50
transfer contracts and the amounts of any tuition charged any 51
transfer student shall be spread upon the minutes of both of the 52
affected school boards. No school district accepting any transfer 53
students under the provisions of Section 37-15-31(2), which 54
provides for the transfer of certain school district employee 55
dependents, shall be authorized to charge such transfer students 56
any tuition fees. 57
(2) Except as provided in Section 1 of this act, local 58
maintenance funds shall be paid by the home school district to the 59
transferee school district for students granted transfers under 60
the provisions of Sections 37-15-29(3) and 37-15-31(3), not to 61
exceed the student base amount, as defined in Section 37-151-201, 62
multiplied by the number of such legally transferred students. 63
SECTION 3. This act shall take effect and be in force from 64
and after July 1, 2026. 65