Q Does a family with a dwelling in two separate school districts, where the school age children spend the night at each dwelling two or more nights per week, constitute dual residency and are therefore able to choose which school district they want to attend?

A No. The concept of dual residency in not provided for in Section 37-15-29, and certain proof of residency must be provided for school attendance purposes. There is no statutory definition of “residence” under Section 37-15-29, but verification requirements are provided through the Mississippi Board of Education policy. Residency for school attendance purposes is generally a factual determination to be made by the school district. Should a student be found to not have primary residency in that school district, their only alternative allowed by law, would be to obtain a transfer pursuant to Section 37-15-31. (Attorney General’s Opinion to Norton, dated January 20, 2012)