MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Education
By: Senator(s) Longwitz
AN ACT TO AMEND SECTION 37-15-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE LOCAL SCHOOL DISTRICTS TO ALLOW RELATIVE CAREGIVERS TO ENROLL CHILDREN IN THE SCHOOLS OF THEIR RESIDENCE IN CIRCUMSTANCES WHERE THE RELATIVE VERIFIES THE INFORMAL KINSHIP CARE RELATIONSHIP THROUGH A SWORN AFFIDAVIT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-15-9, Mississippi Code of 1972, is amended as follows:
37-15-9. (1) Except as provided in subsection (2) and subject to the provisions of subsections (3) and (4) of this section, no child shall be enrolled or admitted to any kindergarten which is a part of a public school during any school year unless such child will reach his fifth birthday on or before September 1 of said school year, and no child shall be enrolled or admitted to the first grade in any public school during any school year unless such child will reach his sixth birthday on or before September 1 of said school year. No pupil shall be permanently enrolled in a public school in the State of Mississippi who formerly was enrolled in another public or private school within the state until the cumulative record of the pupil shall have been received from the school from which he transferred. Should such record have become lost or destroyed, then it shall be the duty of the superintendent or principal of the school where the pupil last attended school to initiate a new record.
(2) Subject to the provisions of subsection (3) of this section, any child who transfers from an out-of-state public or private school in which that state's law provides for a first-grade or kindergarten enrollment date subsequent to September 1, shall be allowed to enroll in the public schools of Mississippi, at the same grade level as their prior out-of-state enrollment, if:
(a) The parent, legal guardian or custodian of such child was a legal resident of the state from which the child is transferring;
(b) The out-of-state school from which the child is transferring is duly accredited by that state's appropriate accrediting authority;
(c) Such child was legally enrolled in a public or private school for a minimum of four (4) weeks in the previous state; and
(d) The superintendent of schools in the applicable Mississippi school district or the principal of a charter school, as the case may be, has determined that the child was making satisfactory educational progress in the previous state.
(3) When any child applies for admission or enrollment in any public school in the state, the parent, guardian or child, in the absence of an accompanying parent or guardian, shall indicate on the school registration form if the enrolling child has been expelled from any public or private school or is currently a party to an expulsion proceeding. If it is determined from the child's cumulative record or application for admission or enrollment that the child has been expelled, the school district or charter school may deny the student admission and enrollment until the superintendent of the school, or his designee, or principal of the charter school, as the case may be, has reviewed the child's cumulative record and determined that the child has participated in successful rehabilitative efforts including, but not limited to, progress in an alternative school or similar program. If the child is a party to an expulsion proceeding, the child may be admitted to a public school pending final disposition of the expulsion proceeding. If the expulsion proceeding results in the expulsion of the child, the public school may revoke such admission to school. If the child was expelled or is a party to an expulsion proceeding for an act involving violence, weapons, alcohol, illegal drugs or other activity that may result in expulsion, the school district or charter school shall not be required to grant admission or enrollment to the child before one (1) calendar year after the date of the expulsion.
(4) (a) In this subsection (4), the following words have the meanings indicated:
(i) "Informal kinship care" means a living arrangement in which a relative of a child, who is not in the care, custody or guardianship of the local department of social services, provides for the care and custody of the child due to a serious family hardship.
(ii) "Relative" means an adult related to the child by blood or marriage within the fifth degree of consanguinity.
(iii) "Serious family hardship" means:
1. Death of a parent or legal guardian of the child;
2. Serious illness of a parent or legal guardian of the child;
3. Drug addition of a parent or legal guardian of the child;
4. Incarceration of a parent or legal guardian of the child;
5. Abandonment by a parent or legal guardian of the child; or
6. Assignment of a parent or legal guardian of a child to active military duty.
(b) A local school board shall allow a child who is a resident of this state to attend a public school in a school district other than the school district where the child is domiciled with the child's parent or legal guardian if the child lives with a relative providing informal kinship care in the school district and the relative verifies the informal kinship care relationship through a sworn affidavit.
(c) (i) The affidavit shall be accompanied by supporting documentation of one or more serious family hardships and, where possible, the telephone number and address of any authority who is legally authorized to reveal information which can verify the assertions in the affidavit.
(ii) The supporting documentation required under subparagraph (i) of this paragraph shall be consistent with local, state, and federal privacy and confidentiality policies and statutes.
(d) The affidavit shall include:
(i) The name and date of birth of the child;
(ii) The name and address of the child's parent or legal guardian;
(iii) The name and address of the relative providing informal kinship care;
(iv) The date the relative assumed informal kinship care;
(v) The nature of the serious family hardship and why it resulted in informal kinship care;
(vi) The kinship relation to the child of the relative providing informal kinship care;
(vii) The name and address of the school the child previously attended;
(viii) Notice that the local school superintendent may verify the facts given by the relative providing informal kinship care in the affidavit and conduct an audit of the case after the child has been enrolled in the new school district;
(ix) Notice that if fraud or misrepresentation is discovered during an audit, the local school superintendent shall remove the child from the new school district roll; and
(x) Notice that any person who willfully makes a material misrepresentation in the affidavit shall be subject to a penalty payable to the school district for three (3) times the pro rata share of tuition for the time the child fraudulently attends a public school in the school district.
(e) The affidavit shall be in the following form:
(i) I, the undersigned, am over eighteen (18) years of age and competent to testify to the facts and matters set forth herein.
(ii) _______________ (name of child), whose date of birth is _____________, is living with me because of the following serious family hardship: (check each that is applicable)
_____ Death of father/mother/legal guardian
_____ Serious illness of father/mother/legal guardian
_____ Drug addiction of father/mother/legal guardian
_____ Incarceration of father/mother/legal guardian
_____ Abandonment by father/mother/legal guardian
_____ Assignment of a parent or legal guardian of a child to active military duty
(iii) The name and last-known address of the child's parent(s) or legal guardian is:
____________________________
____________________________
____________________________
(iv) My kinship relation to the child is ___________________________________.
(v) My address is:
_________________________________________________________
Street Apt. No.
_________________________________________________________
City State Zip Code
(vi) I assumed informal kinship care of this child for twenty-four (24) hours a day and seven (7) days a week on __________________ (day/month/year).
(vii) The name and address of the last school that the child attended is:
__________________________________________________________________
__________________________________________________________________
(viii) The superintendent of schools may verify the facts contained in the foregoing affidavit and conduct an audit on a case-by-case basis after the child has been enrolled in the new school district. If the superintendent of schools discovers fraud or misrepresentation, the child shall be removed from the new school district roll.
(ix) I solemnly affirm under the penalties of perjury that the contents of the foregoing are true to the best of my knowledge, information, and belief.
____________________________________
Signature of affiant
____________________________________
(Day/month/year)
(x) Any person who willfully makes a material misrepresentation in this affidavit shall be subject to a penalty payable to the school district for three (3) times the pro rata share of tuition for the time the child fraudulently attends a public school in the school district.
(f) (i) Instructions that explain the necessity for both an affidavit and supporting documentation of the serious family hardship resulting in informal kinship care shall:
1. Be attached to affidavit forms that comply with paragraph (e) of this subsection; and
2. Include language encouraging the relative providing informal kinship care to submit the affidavit and supporting documentation prior to September 30 of each year.
(ii) The affidavit forms, with attached instructions, shall be made available free of charge at the offices of each local school district, each local department of human services, and each local area agency on aging.
(g) If a change occurs in the care or in the serious family hardship of the child, the relative providing informal kinship care for the child shall notify the local school district in writing within thirty (30) days after the change occurs.
(h) (i) An informal kinship care affidavit may be filed during a school year.
(ii) The relative providing informal kinship care shall file an affidavit annually at least two (2) weeks prior to the beginning of the school year for each year the child continues to live with the relative because of a serious family hardship.
(i) Unless the court appoints a guardian for the child or awards custody of the child to someone other than the relative providing informal kinship care, the relative providing informal kinship care shall make the full range of educational decisions for the child.
(j) The relative providing informal kinship care shall make reasonable efforts to inform the parent or legal guardian of the child of the informal kinship care relationship.
(k) The parent or legal guardian of a child in an informal kinship care relationship shall have final decision making authority regarding the educational needs of the child.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.