Mississippi legislation · 2026 Regular Session
Mississippi HB1395: School districts; revise certain provisions regarding sale or lease of unused property.
Status: Signed into law, April 8, 2026
AN ACT TO AMEND SECTION 37-28-61, MISSISSIPPI CODE OF 1972, TO LIMIT TO 12 MONTHS THE RIGHT OF FIRST REFUSAL OF A CHARTER SCHOOL TO PURCHASE OR LEASE CLOSED PUBLIC SCHOOL PROPERTY IN THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED; TO SPECIFY THAT THIS PROVISION SHALL NOT IMPAIR ANY RIGHTS OF A CHARTER SCHOOL UNDER A CONTRACT FOR PURCHASE OR LEASE OF THE PROPERTY ENTERED WITH THE DISTRICT DURING THE TWELVE-MONTH PERIOD; TO AMEND SECTION 37-7-455, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT, WITHIN THE FIRST SIX MONTHS OF THE CLOSURE OF THE PUBLIC SCHOOL FACILITY OR PROPERTY, NO PURCHASE OR LEASE AGREEMENT WITH ANY ENTITY OTHER THAN A CHARTER SCHOOL LOCATED IN THE DISTRICT MAY BE ENTERED, UNLESS EACH SUCH CHARTER SCHOOL HAS NOTIFIED THE SCHOOL BOARD THAT IT IS NOT EXERCISING ITS RIGHT OF FIRST REFUSAL ON THE PROPERTY; TO AMEND SECTION 37-7-477, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT LEASED SCHOOL PROPERTY SHALL REVERT BACK TO THE SCHOOL DISTRICT WHEN THE PROPERTY CEASES TO BE USED FOR THE PURPOSES IT WAS ORIGINALLY LEASED OR FOR AN ALTERNATIVE PURPOSE APPROVED BY THE SCHOOL BOARD AT THE TIME THAT THE ORIGINAL INSTRUMENT OF CONVEYANCE WAS EXECUTED; TO PRESCRIBE THE PROCEDURES TO BE ADHERED TO IN ORDER TO EFFECTUATE AN ALTERNATIVE USE TO BE STIPULATED IN THE ORIGINAL INSTRUMENT OF CONVEYANCE, WHICH MUST BE ACTED UPON THE SCHOOL BOARD BY RESOLUTION DULY ADOPTED AND SPREAD UPON ITS MINUTES; AND FOR RELATED PURPOSES.
What the bill says
An act to amend section 37-28-61, mississippi code of 1972, to limit to 12 months the right of first refusal of a charter school to purchase or lease closed public school property in the school district in which the charter school is located; to specify that this provision shall not impair any rights of a charter school under a contract for purchase or lease of the property entered with the district during the twelve-month period…
From the enrolled text, April 6, 2026:
AN ACT TO AMEND SECTION 37-28-61, MISSISSIPPI CODE OF 1972, TO LIMIT TO 12 MONTHS THE RIGHT OF FIRST REFUSAL OF A CHARTER SCHOOL TO PURCHASE OR LEASE CLOSED PUBLIC SCHOOL PROPERTY IN THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED; TO SPECIFY THAT THIS PROVISION SHALL NOT IMPAIR ANY RIGHTS OF A CHARTER SCHOOL UNDER A CONTRACT FOR PURCHASE OR LEASE OF THE PROPERTY ENTERED WITH THE DISTRICT DURING THE TWELVE-MONTH PERIOD; TO AMEND SECTION 37-7-455, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT, WITHIN THE FIRST SIX MONTHS OF THE CLOSURE OF THE PUBLIC SCHOOL FACILITY OR PROPERTY, NO PURCHASE OR LEASE AGREEMENT WITH ANY ENTITY OTHER THAN A CHARTER SCHOOL LOCATED IN THE DISTRICT MAY BE ENTERED, UNLESS EACH SUCH CHARTER SCHOOL HAS NOTIFIED THE SCHOOL BOARD THAT IT IS NOT EXERCISING ITS RIGHT OF FIRST REFUSAL ON THE PROPERTY; TO AMEND SECTION 37-7-477, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT LEASED SCHOOL PROPERTY SHALL REVERT BACK TO THE SCHOOL DISTRICT WHEN THE PROPERTY CEASES TO BE USED FOR THE PURPOSES IT WAS ORIGINALLY LEASED OR FOR AN ALTERNATIVE PURPOSE APPROVED BY THE SCHOOL BOARD AT THE TIME THAT THE ORIGINAL INSTRUMENT OF CONVEYANCE WAS EXECUTED; TO PRESCRIBE THE PROCEDURES TO BE ADHERED TO IN ORDER TO EFFECTUATE AN ALTERNATIVE USE TO BE STIPULATED IN THE …
Sponsors
- Yates, Shanda (I, 64) · primary sponsor
- Nelson, Fabian (D, 66)
Latest actions
- : Approved by Governor
- : Enrolled Bill Signed
- : Conference Report Adopted
- : Conference Report Adopted
- : Conference Report Filed
- : Conferees Named DeBar,Boyd,Blount
- : Conferees Named Roberson,McCarty,Felsher
- : Decline to Concur/Invite Conf
- : Returned For Concurrence
- : Passed As Amended
Votes
- Conference Report Adopted (April 1, 2026): 120 yea, 0 nay, passed
- Conference Report Adopted (March 27, 2026): 50 yea, 0 nay, passed
- Passed As Amended (March 11, 2026): 51 yea, 0 nay, passed
- Passed (February 5, 2026): 119 yea, 0 nay, passed
Subjects: School districts
Common questions
- What is HB1395?
- HB1395 is a bill in the Mississippi Legislature (2026 Regular Session): School districts; revise certain provisions regarding sale or lease of unused property.
- What does HB1395 do?
- In its own words: An act to amend section 37-28-61, mississippi code of 1972, to limit to 12 months the right of first refusal of a charter school to purchase or lease closed public school property in the school district in which the charter school is located; to specify that this provision shall not impair any rights of a charter school under a contract for purchase or lease of the property entered with the district during the twelve-month period…
- What is the status of HB1395?
- Signed into law as of April 8, 2026. Latest action: Approved by Governor (April 8, 2026).
- Who sponsored HB1395?
- Yates, Shanda (I, 64), with 1 co-sponsor.
- Where is the official record for HB1395?
- On the Mississippi Legislature website: http://billstatus.ls.state.ms.us/2026/pdf/history/HB/HB1395.xml
Source: official Mississippi record. Tracked by Delilah, AI for legislation across all 50 states and Congress.