Senate Bill 2438

AN ACT TO AMEND SECTION 37-15-9, MISSISSIPPI CODE OF 1972, TO CRIMINALIZE THE WILLFUL ENROLLMENT OF A CHILD WITHOUT ESTABLISHING DOMICILE WITHIN THE STATE AND DISTRICT; TO PROVIDE PENALTIES; TO REQUIRE THE DEPARTMENT TO EXPEL THE CHILD WHOSE ENROLLMENT WAS THE BASIS OF THE CONVICTION; TO REQUIRE THE DEPARTMENT, SCHOOL DISTRICT OR ANY SCHOOL EMPLOYEE TO INFORM THE PROPER LAW ENFORCEMENT AUTHORITY OF VIOLATIONS OF THIS PROVISION; 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) A parent, legal guardian or custodian who willfully or purposefully enrolls a child under this section without establishing domicile in the state and district shall be guilty of a misdemeanor. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days. Further, the department shall expel the child whose enrollment was the basis of the conviction.

(b) The department, school district or any school employee shall notify the proper law enforcement authority of any student enrolled in violation of this section.

(c) For the purposes of this section, "domicile" means the place where the person actually physically resides with the intention of remaining there indefinitely or of returning there permanently when temporarily absent.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.