MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Education

By: Representatives Remak, Hall, Harris, Keen, Owen

House Bill 389

AN ACT TO AMEND SECTION 37-15-30, MISSISSIPPI CODE OF 1972, TO REQUIRE THE USE OF AUTOMOBILE REGISTRATIONS AS PROOF OF RESIDENCY WHEN ENROLLING STUDENTS IN SCHOOL; TO REQUIRE PARENTS OR LEGAL GUARDIANS WHO DO NOT OWN A VEHICLE TO SUBMIT A SIGNED AFFIDAVIT, ATTESTING THAT NO MOTOR VEHICLE IS OWNED AND AFFIRMING THE STUDENT'S ACTUAL RESIDENCE AT THE STATED ADDRESS WITHIN THE ENROLLING SCHOOL DISTRICT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-15-30, Mississippi Code of 1972, is amended as follows:

     37-15-30.  (1)  Notwithstanding any provision of law, a pupil complies with the residency requirements for school attendance in a school district if the parent of the pupil is transferred to, or is pending transfer to, a military installation within this state while on active military duty pursuant to an official military order.

     (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 parent 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 published arrival date provided on official documentation * * *., in the following manners:

          (a)  The parent may use the address of any of the following as proof of residence for the purposes of this subsection:

              ( * * *ai)  A temporary on-base billeting facility * * *.;

              ( * * *bii)  A purchased or leased home or apartment * * *.; or

              ( * * *ciii)  Any federal government housing or off-base military housing, including off-base military housing that may be provided through a public-private venture * * *.; and

          (b)  (i)  To further establish proof of residence, the parent or legal guardian with whom the student resides shall provide a current, valid Mississippi automobile registration issued in the name of the parent or legal guardian and reflecting the residential address at which the student resides.  The automobile registration shall constitute acceptable proof of residence, subject to verification by the school district.

              (ii)  If the parent or legal guardian with whom the student resides does not own a motor vehicle, he or she shall submit a signed affidavit, under penalty of perjury, attesting that no motor vehicle is owned and affirming the student's actual residence at the stated address within the enrolling school district.  The school district may require the submission of any additional documentation it deems necessary to accurately verify residency, including, but not limited to, utility bills, lease or rental agreements, mortgage statements, property tax receipts, voter registration records and precinct identification, government benefit correspondence or other reliable evidence of domicile within the enrolling school district.

     (4)  For the purposes of this section:

          (a)  "Active military duty" means full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Military Reserve on active duty orders.

          (b)  "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other installation under the jurisdiction of the United States Department of Defense or the United States Coast Guard.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2026.