§ 59-63-33 — Residency requirements compliance; enrollment; proof; construction.

(A) A pupil complies with the residency requirements for school attendance in a school district if a parent or legal guardian of the pupil is transferred to or is pending transfer to a military installation within this State while on active military duty pursuant to an official military order. (B) A school district shall accept an application for enrollment and course registration by electronic means for a pupil who meets the requirements prescribed in subsection (A), including enrollment in a specific school or program within the school district. (C)(1) The parent or legal guardian of a pupil who meets the requirement prescribed in subsection (A) shall provide proof of residence to the school district after arrival. The parent or legal guardian may use the address of any of the following as proof of residence for the purposes of this subsection: (a) a temporary on-base billeting facility; (b) a purchased or leased home or apartment; or (c) any federal government housing or off-base military housing, including off-base military housing that may be provided through a public-private venture. (2) In determining what documentation may be considered acceptable for complying with the provisions of item (1), a district shall consider that traditional forms of documentation, such as utility bills or tax bills, would not be available for newly relocated military personnel. (D) The provisions of this section apply notwithstanding the provisions of Sections 59-63-30, 59-63-31, 59-63-32, or another provision of law. (E) Any ambiguity in construing the provisions of this section must be resolved in favor of enrolling the pupil. (F) For the purposes of this section: (1) "Active military duty" means full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Military Reserve on active duty orders. (2) "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other installation.

Legislative History

HISTORY: 2023 Act No. 40 (H.3797), SECTION 2, eff May 16, 2023. Editor's Note 2023 Act No. 40, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Military Temporary Remote School Enrollment Act'."