Bill Targets Out-of-District School Enrollment Fraud

By Richard Locker locker@gomemphis.com

May 9, 2003

NASHVILLE - The state Senate approved a bill Thursday to crack down on parents who fraudulently enroll their children in school districts they don't live in. The bill would give Tennessee school districts the legal authority to take parents to court and recover the public per-pupil expenditures spent educating the child, plus court costs and attorneys fees. 

The bill, sponsored by Sen. Mark Norris and Rep. Curry Todd, both Collierville Republicans, is being sought by Shelby County school officials, who estimate that dozens of students a year are fraudulently enrolled by their out-of-district parents , Norris said. The House version is awaiting a floor vote, possibly next week, but the Senate bill pass ed 32- 1. 

It wouldn't apply to cross-enrollees between Memphis City Schools and Shelby County schools, Norris said. Under current law, school districts can only charge parents who fraudulently enroll their children from out of district with a misdemeanor charge, punishable by a fine of up to $50. 

The bill would allow districts to seek restitution equal to the average per-pupil expenditure. If the parents are Tennessee residents, they could be liable for only the local share of per-pupil spending but if the parents reside out of state, they could be liable for both the state and local expenditures per pupil - about $6,000 a year. 

The restitution would be cumulative for each year the child has been fraudulently enrolled. School districts could file the lawsuits in circuit or chancery court within one year of the date the fraudulent misrepresentation occurred or was discovered, whichever is later, for up to six years after the date the fraudulent enrollment occurred. If approved, the law would take effect July 1.