House Bill 591

AN ACT TO AMEND SECTION 37-15-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PARENT OR LEGAL GUARDIAN OF A CHILD ENROLLING IN THE PUBLIC SCHOOLS OF THIS STATE TO SIGN A STATEMENT ACKNOWLEDGING RECEIPT OF NOTICE OF IMPORTANCE THAT THE CHILD RECEIVES A MEDICAL AND DENTAL PHYSICAL IN ADDITION TO THE NEED FOR HAVING HEALTH INSURANCE COVERAGE; TO AMEND SECTION 37-15-11, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; 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 subsection (3) 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) This subsection shall be known and may be cited as the "Our Children's Health Impacts Our Future Law."

(b) 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 acknowledging receipt of notice of importance that the child receives a medical and dental physical in addition to the need for having health insurance coverage. The registration form shall include the following statement with a box to be checked by the parent or legal guardian acknowledging informed notice by the school: "By checking this box, I am acknowledging that it is highly encouraged and important that my child, whom I am registering for enrollment in this school/school district has a medical and dental physical, and to be enrolled in a health insurance plan of coverage, if he or she has not already done so." The parent or legal guardian of the child shall be required to sign the acknowledgment at the start of each academic school year. If a child transfers between school districts and it is determined from the child's cumulative record or application for admission or enrollment that the child's parent or legal guardian has failed to sign the acknowledgment at the time of enrolling the child in the previous school district, the new school of enrollment shall communicate notice of the required acknowledgment along with the statement of acknowledgment to the parent or legal guardian as soon as possible upon discovery of the failure in order to complete the child's enrollment.

SECTION 2. Section 37-15-11, Mississippi Code of 1972, is amended as follows:

37-15-11. Whenever any minor child seeks or applies to enroll or gain entrance to any public school in this state, and the child is not accompanied by an adult or is accompanied by an adult who is not the child's parent, guardian, if a legal guardian has been appointed for the child, or legal custodian, the school official or officials or teacher to whom the child applies or reports for enrollment or admission may delay consideration of the enrollment or enlistment of the minor child and require the child's parent, legal guardian or legal custodian to accompany the child and apply for enrollment and admission into the school for and on behalf of the minor child. The child's parent shall comply with the requirement for an acknowledgment of receipt of notice of importance that the child receives a medical and dental physical in addition to the need for having health insurance coverage prescribed in Section 37-15-9(4).

SECTION 3. This act shall take effect and be in force from and after July 1, 2017.