Lovell, 010880 MSAGO, 19800108
|Case Date:||January 08, 1980|
A county-unit school district and a municipal separate school district lie wholly within the same county. In the event that a parent or guardian, resident of one school district, petitions the board of trustees of his resident district to legally transfer his child to the other school district, and the board of trustees of his resident district refuses to grant such transfer, does the parent or guardian have an appeal to the State Educational Finance Commission? If the answer to the foregoing question is in the affirmative, does the State Educational Finance Commission have the authority to act on such appeal?This is a request for general information prompted by the recent approval by the Educational Finance Commission of the municipality of Booneville to create its own municipal separate school district. In the office, you and I also discussed the stance on the general question taken by our State Supreme Court in Tally v. Scott County, Miss., 282 So.2d 217 (1973), decided, finally, September 11, 1973 and by this office speaking through its late then Special Assistant Attorney General George M. Swindoll by opinion dated January 12, 1974, the former speaking to inter-county transfers, the latter to intra-county transfers. The Educational Finance Commission has, of course, a legitimate and very real interest in the transfer of students from one district to another because the ADA money follows the child properly transferred. Section 37-15-31, Mississippi Code of 1972, Annotated, in the first paragraph authorizes the transfer of a child on the initiative of the parent or guardian or the school, by mutual consent of the affected boards. Then, in the second paragraph, if one of the boards does not act or refuses the transfer, then the appeal is to the County Board of Education (which in Prentiss County's case is also one of the School Board's) and from there to the Circuit Court...
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