House Bill 1000

(As Passed the House)

AN ACT TO ALLOW FOSTER AND ADOPTIVE PARENTS OR LEGAL GUARDIANS TO ENROLL FOSTER OR ADOPTED CHILDREN IN THEIR CARE OR LEGAL GUARDIANSHIP IN ANY SCHOOL OR SCHOOL DISTRICT OF THE FOSTER OR ADOPTIVE PARENT'S OR LEGAL GUARDIAN'S CHOOSING; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Notwithstanding any provision of law to the contrary, a pupil may, at the discretion of their foster parent(s), adoptive parent(s) or court-appointed legal guardian(s), enroll and attend the school or school district of their foster parent's, adoptive parent's or court-appointed legal guardian's choosing, regardless of the residence of the child, provided that:

(a) The pupil has been placed in the legal custody of the Mississippi Department of Child Protection Services by a youth court or through other legal means and who was in the legal custody of the department;

(b) The pupil has been placed in a qualified residential child care agency by a parent, legal guardian, court of competent jurisdiction, or other person or entity acting in the best interest of the individual;

(c) The pupil has been adopted from the department's legal custody or adopted while residing at a qualified residential child care agency that provides a home for children, and the agency was licensed by the Mississippi Department of Child Protection Services at the time that the student was housed therein; or

(d) The pupil has not be adjudicated as an emancipated minor by a court of competent jurisdiction, and remains:

(i) In the custody of the Mississippi Department of Child Protection Services; or

(ii) In a qualified residential child care agency; or

(iii) In the legal custody of the individual(s) who adopted him or her from the department's legal custody or while residing at a qualified residential child care agency.

(2) A school district shall accept an application for enrollment and course registration by electronic means for a pupil who meets the requirements prescribed in subsection (1) of this section, including enrollment in a specific school or program within the school district.

(3) The foster parent, adoptive parent or court-appointed legal guardian of a pupil who meets the requirement prescribed in subsection (1) of this section shall provide proof of residence to the school district within ten (10) days after the order of the chancery court judge having jurisdiction over the matter is entered.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.