Senate Bill 2084

AN ACT TO AMEND SECTION 37-15-29, MISSISSIPPI CODE OF 1972, TO PROVIDE CIVIL PENALTIES AND REQUIRE RESTITUTION FROM PARENTS OR GUARDIANS WHO INTENTIONALLY ENROLL THEIR CHILDREN IN THE SCHOOLS OF A SCHOOL DISTRICT IN WHICH THEY DO NOT RESIDE; TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ACT IN CASES WHERE THE PARENT OR GUARDIAN HAS INTENTIONALLY ENROLLED THE CHILD IN A NONRESIDENT SCHOOL DISTRICT FOR TWO OR MORE SCHOOL YEARS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-15-29, Mississippi Code of 1972, is amended as follows:

37-15-29. (1) (a) Except as provided in subsections (2), (3) and (4) of this section, no minor child may enroll in or attend any school except in the school district of his residence, unless such child be lawfully transferred from the school district of his residence to a school in another school district in accord with the statutes of this state now in effect or which may be hereafter enacted.

(b) In cases where the parent or legal guardian of a child has intentionally and willfully enrolled and allowed his child to attend a school in a school district in which the child does not reside, the local school board of the nonresident school district shall be authorized to administratively levy a civil penalty against such parent or guardian in an amount not to exceed Five Hundred Dollars ($500.00) per occurrence, and in addition, shall assess such parent or guardian an amount equal to the cost of educating the child in the nonresident school district which was provided from local district maintenance funds. Any such civil penalty shall be enforceable in a court of competent jurisdiction.

(c) In cases where the parent or legal guardian of a child has intentionally and willfully enrolled and allowed his child to attend a school in a school district in which the child does not reside for two (2) or more consecutive school years, the parent or guardian shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00) and imprisonment in the county jail for a term not exceeding six (6) months, plus restitution for the cost of educating the child in the nonresident school district which was provided from local district maintenance funds.

(2) Those children whose parent(s) or legal guardian(s) are instructional personnel or certificated employees of a school district may at such employee's discretion enroll and attend the school or schools of their parent's or legal guardian's employment regardless of the residence of the child.

(3) No child shall be required to be transported in excess of thirty (30) miles on a school bus from his or her home to school, or in excess of thirty (30) miles from school to his or her home, if there is another school in an adjacent school district located on a shorter school bus transportation route by the nearest traveled road. Those children residing in such geographical situations may, at the discretion of their parent(s) or legal guardian(s), enroll and attend the nearer school, regardless of the residence of the child. In the event the parent or legal guardian of such child and the school board are unable to agree on the school bus mileage required to transport the child from his or her home to school, an appeal shall lie to the State Board of Education, or its designee, whose decision shall be final.

(4) Those children lawfully transferred from the school district of his residence to a school in another school district prior to July 1, 1992, may, at the discretion of their parent(s) or legal guardian(s), continue to enroll and attend school in the transferee school district. Provided further, that the brother(s) and sister(s) of said children lawfully transferred prior to July 1, 1992, may also, at the discretion of their parent(s) or legal guardian(s), enroll and attend school in the transferee school district.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.