Q House Bill 879, 2013 Regular Session, added subsection (5) to Section 37-15-29, which relates to an exception allowing certain military members and personnel to enroll their children in a school district other than their resident school district under certain conditions. May the resident school district deny the release, or the “receiving” school district deny enrollment to the student seeking to enroll in their district? May the parents choose the school within the district?

A No, to both questions. The parent or legal guardian has the discretion to choose the school district, and it is automatic upon request. The statutory language authorizes the choosing of the school district, but Section 37-15-13 provides that the school board has the ultimate authority to assign students to a particular school within the district. (Attorney General’s Opinion to House, August 30, 2013)