Q A teacher who does not reside in the district in which she teaches wishes to transfer her child to the district in which she teaches. Does the district in which she resides have any discretion in the granting of the transfer?

A No. With regard to the transfer of a child under Section 37-15-29(2), approval of such transfer by the school district in which the child resides is mandatory. This subsection states, “Those child(ren) whose parent(s) or legal guardian(s) are instructional personnel or certified 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.” (Attorney General’s Opinion to Clark, October 12, 2012)