Can a Mississippi public school district enroll a student who lives out of state under § 37-15-9(2)?

Plain-English summary

The Tishomingo County School Board attorney asked whether a Mississippi public school district can accept a transfer student who lives out of state under Section 37-15-9(2). Tishomingo County is in the northeast corner of Mississippi, bordering Alabama and Tennessee. The question is practical: can students living just across the state line attend Mississippi public schools?

The AG said no.

The default rule is in Section 37-15-29: "no minor child may enroll in or attend any school except in the school district of his residence" with limited exceptions. Lawful transfers between Mississippi school districts are allowed, but those are intra-state transfers, not cross-border enrollments.

The school board attorney specifically asked about Section 37-15-9(2). The AG read that statute to address a different situation: a student who moves to Mississippi from out of state can enroll in a Mississippi public school at the same grade level as their prior out-of-state school. So the statute is about how to handle the transition into Mississippi when residency changes; it is not authority to enroll a student who is still living out of state.

The 1991 Cooke AG opinion (also from Tishomingo County) reached the same conclusion 33 years earlier. The 2024 opinion confirms that the law has not changed.

The AG noted one limited exception: Section 37-15-31(2)(a). If a parent or guardian of a school-age child is "an instructional or licensed employee of a school district in Mississippi" but resides out of state, the employee's school district must consent to the enrollment of the employee's dependent children. So a teacher, principal, or other licensed employee who lives across the state line and works in a Mississippi school can enroll their kids in that Mississippi school district. That exception applies only to the employee's own dependents, not to other children.

What this means for you

School district administrators

The opinion holds that a student who resides out of state cannot transfer into a Mississippi public school district under Section 37-15-9(2). The default rule, Section 37-15-29, is that a minor child may enroll only in the district of his residence (with limited exceptions for lawful in-state transfers). The opinion identifies one out-of-state exception: Section 37-15-31(2)(a), for the dependent children of a licensed Mississippi school district employee who lives out of state.

Parents living near a Mississippi border

For a parent whose child lives out of state, the opinion concludes the child cannot transfer into a Mississippi public school district while remaining an out-of-state resident. The opinion explains that Section 37-15-9(2) addresses a different situation: a student who moves to Mississippi from out of state may enroll at the same grade level as the prior out-of-state school if certain conditions are met. The one out-of-state exception the opinion identifies is for children of a licensed Mississippi school employee under Section 37-15-31(2)(a).

Mississippi school employees living out of state

The opinion quotes Section 37-15-31(2)(a): on the written petition of a parent or guardian who is not a Mississippi resident and who is an instructional or licensed employee of a Mississippi school district, the employer school board "shall consent" to the transfer of the employee's dependent school-age children and "shall spread the same upon the minutes of the board." The opinion frames this as the limited exception to the residency rule.

School board members and district attorneys

The opinion holds the residency rule in Section 37-15-29 controls, that Section 37-15-9(2) does not authorize enrolling a student who remains an out-of-state resident, and that the only out-of-state pathway it identifies is the employee-dependent exception in Section 37-15-31(2)(a). It notes the 1991 Cooke opinion to the same Tishomingo County board reached the same conclusion.

Common questions

Can an out-of-state student transfer into a Mississippi public school district?
No. The opinion concludes that Section 37-15-9(2) does not authorize a Mississippi public school district to accept a transfer student who resides out of state.

Doesn't Section 37-15-9(2) allow out-of-state transfers?
No. The opinion reads that statute to cover only a student who moves to Mississippi from out of state, allowing enrollment at the same grade level as the prior out-of-state school if certain conditions are met. It does not allow a student to enroll while still living out of state.

Is there any exception for out-of-state children?
Yes, one. Section 37-15-31(2)(a) lets the dependent children of a non-resident parent who is an instructional or licensed employee of a Mississippi school district transfer into the employer district, which "shall consent" on petition.

How does the school-employee exception work?
Under the statute the opinion quotes, the licensed employee petitions in writing, and the employer school board shall consent to the transfer of the employee's dependent school-age children and spread the consent on the board's minutes.

Background and statutory framework

The general rule, § 37-15-29:

[N]o minor child may enroll in or attend any school except in the school district of his residence . . . unless he or she lawfully transfers to another school district in accordance with Mississippi law.

Section 37-15-9(2) addresses the move-in scenario: students who relocate from out of state to Mississippi can enroll at the same grade level as their prior out-of-state school, subject to certain conditions.

Section 37-15-31(2)(a) is the school-employee exception:

Upon the petition in writing of any parent or guardian who is not a resident of Mississippi and who is an instructional or licensed employee of a school district in Mississippi, the school board of the employer school district shall consent to the transfer of such employee's dependent school-age children to its district and shall spread the same upon the minutes of the board.

The 1991 Cooke AG opinion to Tishomingo County reached the same conclusion as the 2024 Clark opinion.

Citations

• Miss. Code Ann. § 37-15-9(2)
• Miss. Code Ann. § 37-15-29
• Miss. Code Ann. § 37-15-31(2)(a)
• MS AG Op., Cooke (Aug. 1, 1991)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2024/06/N.Clark-June-24-2024-Transfer-of-Out-of-State-Students.pdf

Original opinion text

June 24, 2024
Nathaniel Clark, Esq.
Attorney, Tishomingo County School Board
1620 Paul Edmondson Drive
Iuka, Mississippi 38852
Re: Transfer of Out-of-State Students

Dear Mr. Clark:
The Office of the Attorney General has received your request for an official opinion.

Question Presented
May a Mississippi public school district accept a transfer student who resides out of state under Mississippi Code Annotated Section 37-15-9(2)?

Brief Response
No. Section 37-15-9(2) does not authorize a Mississippi public school district to accept a transfer student who resides out of state.

Applicable Law and Discussion
With limited exceptions, "no minor child may enroll in or attend any school except in the school district of his residence" unless he or she lawfully transfers to another school district in accordance with Mississippi law. Miss. Code Ann. § 37-15-29. Regarding your specific question, Section 37-15-9(2) merely allows a student who moves to Mississippi from out of state to enroll in a Mississippi public school at the same grade level as his or her prior out-of-state enrollment if certain conditions are met. It does not allow an out-of-state student to transfer to a Mississippi public school district while remaining an out-of-state resident. See MS AG Op., Cooke at *1 (Aug. 1, 1991) (opining that there is no legislative authority for the Tishomingo school board to accept a transfer student who resides out of the state).

Notably, there is an exception in Section 37-15-31(2)(a), which states, in relevant part:

Upon the petition in writing of any parent or guardian who is not a resident of Mississippi and who is an instructional or licensed employee of a school district in Mississippi, the school board of the employer school district shall consent to the transfer of such employee's dependent school-age children to its district and shall spread the same upon the minutes of the board.

However, this residency exception is limited to children of licensed Mississippi school district employees. Section 37-15-9(2) does not allow students residing out of Mississippi to transfer to Mississippi public schools.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By: /s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General