House Bill 1116

(As Passed the House)

AN ACT TO PROVIDE THAT A PUPIL COMPLIES WITH THE RESIDENCY REQUIREMENTS OF A SCHOOL DISTRICT IF THE PUPIL'S PARENT IS TRANSFERRED OR IS PENDING TRANSFER TO A MILITARY INSTALLATION WITHIN THE STATE WHILE ON ACTIVE MILITARY DUTY PURSUANT TO AN OFFICIAL MILITARY ORDER; TO REQUIRE A PARENT TO PROVIDE PROOF OF RESIDENCE IN THE SCHOOL DISTRICT WITHIN TEN DAYS AFTER THE PUBLISHED ARRIVAL DATE PROVIDED ON OFFICIAL DOCUMENTATION; TO AMEND SECTION 37-15-29, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. For purposes of this act, the following terms shall have the meaning ascribed herein, unless context clearly indicates otherwise:

(a) "Active military duty" means full-time military duty status in the active uniformed service of the United States, including members of the Mississippi National Guard and the National Guard Reserve on active duty orders pursuant to Title 10 or 32 of the United States Code or Part 1 (commencing with Section 100) of Division 2 of the Military and Veterans Code.

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

SECTION 2. (1) Notwithstanding Section 37-15-29, a pupil complies with the residency requirements for school attendance in a school district, if he or she is a pupil whose parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order.

(2) A school district shall accept applications by electronic means for enrollment, including enrollment in a specific school or program within the school district, and course registration for pupils described in subsection (1).

(3) (a) The parent shall provide proof of residence in the school district within ten (10) days after the published arrival date provided on official documentation;

(b) For purposes of Section 1 of this act, a parent may use any of the following addresses as related to his or her military move:

(i) A temporary on-base billeting facility;

(ii) A purchased or leased home or apartment; or

(iii) Federal government or public-private venture off-base military housing.

SECTION 3. Section 37-15-29, Mississippi Code of 1972, is amended as follows:

37-15-29. (1) Except as otherwise provided in subsections (2), (3), (4) and (5) of this section and Sections 1 and 2 of this act, 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.

(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. The school districts involved in the appeal shall provide the Mississippi Department of Education with any school bus route information requested, including riding the buses as necessary, in order to measure the bus routes in question, as needed by the State Board of Education in considering the appeal.

(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.

(5) Those children whose parent(s) or legal guardian(s) are active members of the United States Armed Forces or civilian military personnel and reside on a military base, may, at the discretion of their parent(s) or legal guardian(s), enroll and attend the school district of their parent's or legal guardian's choosing, regardless of the residence of the child, provided the school district where the student resides or in an adjacent school district and the parent's or guardian's choice of school district does not violate the provision of subsection (3) of this section prohibiting the transportation of students in excess of thirty (30) miles.

SECTION 4. This act shall take effect and be in force from and after July 1, 2019.