Charter School Property Rights - Right of First Refusal Limitations
Summary
Mississippi HB1395 was signed into law on April 6, 2026, amending Sections 37-28-61, 37-7-455, and 37-7-477 of the Mississippi Code to modify charter school rights regarding unused public school property. The bill limits the charter school right of first refusal to purchase or lease such property to 12 months, and establishes a 6-month prohibition on school districts entering agreements with non-charter entities unless charter schools waive their rights.
What changed
The legislation makes three key changes to Mississippi school property law. First, it caps the right of first refusal for charter schools to purchase or lease closed public school property at 12 months from the date the property becomes available. Second, it prohibits school districts from entering purchase or lease agreements with non-charter entities during the first six months after closure unless each charter school in the district has affirmatively notified the school board it is not exercising its right of first refusal. Third, it provides that leased school property reverts to the district when the property ceases being used for its originally leased purpose or any approved alternative use.
School districts must revise their property disposition procedures to comply with the new timelines. Charter schools should establish internal protocols to track and exercise their right of first refusal within the 12-month window. Both parties should review existing property agreements to ensure compliance with the reversion provisions. The bill passed unanimously in both chambers and takes effect upon signature.
What to do next
- Update district property sale and lease procedures to reflect 12-month right of first refusal limitation
- Establish notification procedures for charter schools to waive or exercise property rights within required timeframes
- Review existing property agreements for compliance with reversion provisions
Source document (simplified)
ChangeBridge / Mississippi / HB1395 Signed by Governor HB1395 House Bill Signed by Governor 2026-04-06
School districts; revise certain provisions regarding sale or lease of unused property.
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.
Bill Details
State Mississippi
Session 2026 Regular Session
Chamber House
Official Source billstatus.ls.state.ms.us/2026/pdf/history...
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Sponsors
Shanda Yates (Rep - I) Fabian Nelson (Rep - D)
Action History
2026-04-06 S Enrolled Bill Signed 2026-04-06 H Enrolled Bill Signed 2026-04-01 H Conference Report Adopted 2026-03-27 S Conference Report Adopted 2026-03-26 S Conference Report Filed 2026-03-26 H Conference Report Filed 2026-03-25 S Conferees Named DeBar,Boyd,Blount 2026-03-25 H Conferees Named Roberson,McCarty,Felsher 2026-03-24 H Decline to Concur/Invite Conf 2026-03-13 S Returned For Concurrence 2026-03-11 S Passed As Amended 2026-03-11 S Amended 2026-02-25 S Title Suff Do Pass 2026-02-17 S Referred To Education 2026-02-06 H Transmitted To Senate 2026-02-05 H Passed 2026-01-28 H Title Suff Do Pass 2026-01-16 H Referred To Education
Votes
2026-02-05 House Passed Yea: 119 Nay: 0 2026-03-11 Senate Passed As Amended Yea: 51 Nay: 0 2026-03-27 Senate Conference Report Adopted Yea: 50 Nay: 0 2026-04-01 House Conference Report Adopted Yea: 120 Nay: 0
Committee Referrals
2026-01-16 H Education 2026-02-17 S Education
Amendments
0000-00-00 Senate Amendment No 1 0000-00-00 Senate Amendment No 1 to Amendment No 1
Bill Text Versions
2026-01-21 Introduced 2026-02-06 Engrossed 2026-04-06 Enrolled Legislative data powered by LegiScan (CC BY 4.0)
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