§81.1. Assignment, enrollment and transfer of pupils; penalties
A. No pupil may transfer or be transferred from any public elementary or secondary school in this state to another public elementary or secondary school after the 21st calendar day of the current or any succeeding school year for the school in which he is enrolled unless the parent, tutor, guardian, person having legal custody or person standing in loco parentis, with whom the pupil resides, removes the residence to a location which is outside the area from which pupils were, at the beginning of the school year, regularly assigned and attending the school from which the transfer is made or sought, provided that such pupil may be assigned to the public school of the area including such new residence to which he normally would have been assigned had he enrolled therein from said residence.
B. No pupil may transfer or be transferred from any private school to any public elementary or secondary school after the 21st calendar day of the current or any succeeding school year for the public school to which he normally would have been assigned had he enrolled in public school unless the parent, tutor, guardian, person having legal custody or person standing in loco parentis, with whom the pupil resides, moves to a residence outside the area from which pupils were, at the beginning of such school year, regularly assigned and attending such public school; provided, however, that the provisions of this Sub-section shall not prohibit a pupil attending a private school from transferring at any time to the public elementary or secondary school to which, at the beginning of the school year, he normally would have been assigned had he enrolled in public school.
C. After the 21st calendar day of the current or any succeeding school year for the public school in which he is enrolled, or in the case of a pupil in private school, after the 21st calendar day of the current or any succeeding school year for the public school to which he normally would have been assigned had he enrolled in public school, no pupil may be transferred to any public elementary or secondary school if the parent, tutor, guardian, person having legal custody or person standing in loco parentis, with whom the child resides, has moved or moves temporarily to another residence for the primary purpose of effecting a transfer of the pupil under the provisions of Sub- section B or C of this Section.
D. No pupil may be enrolled in nor continue to attend a public elementary or secondary school in which his enrollment is sought or has been effected if the residence of the pupil was or is a temporary residence established primarily to obtain admission to such school and to evade assignment to the school to which he normally would have been assigned had temporary residence not been established.
E. If any pupil, within the first 21 calendar days of the current or any succeeding school year for the public elementary or secondary school to which he normally would have been assigned, did not enroll in such school, he shall not be enrolled in another public elementary or secondary school, unless by a transfer lawfully made under the provisions of this Section.
F. Any member of a city or parish school board or any city or parish superintendent of schools who votes or takes any action to order or who consents to, or who cooperates in any enrollment or transfer of any pupil which is contrary to the provisions of this Section shall, for each such offense, be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than ninety days, or be both fined and imprisoned.
G. Any transfer or enrollment made in violation of any provision of this Section shall be null and void, and any rule, regulation or order of any school board in conflict with the provisions of this Section shall be null, void and of no effect.
NOTE: UNCONSTITUTIONAL; ACTS 1960, 1ST EX.SESS., NO. 26, §1, ENACTING THE PROVISIONS OF THIS SECTION, WAS HELD UNCONSTITUTIONAL ON NOVEMBER 30, 1960, BY THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF LOUISIANA, NEW ORLEANS DIVISION, IN THE CASE OF BUSH V. ORLEANS PARISH SCHOOL BOARD, 1960, 188 F.SUPP. 916, MOTIONS FOR STAY DENIED BY THE SUPREME COURT OF THE UNITED STATES ON DECEMBER 12, 1960, 81 S.CT. 260, 364 U.S. 500, 5 L.ED.2D 245, AFFIRMED 81 S.CT. 754, 365 U.S. 569, 5 L.ED.2D 806.
§81.1. Assignment, enrollment and transfer of pupils; penalties
A. No pupil may transfer or be transferred from any public elementary or secondary school in this state to another public elementary or secondary school after the 21st calendar day of the current or any succeeding school year for the school in which he is enrolled unless the parent, tutor, guardian, person having legal custody or person standing in loco parentis, with whom the pupil resides, removes the residence to a location which is outside the area from which pupils were, at the beginning of the school year, regularly assigned and attending the school from which the transfer is made or sought, provided that such pupil may be assigned to the public school of the area including such new residence to which he normally would have been assigned had he enrolled therein from said residence.
B. No pupil may transfer or be transferred from any private school to any public elementary or secondary school after the 21st calendar day of the current or any succeeding school year for the public school to which he normally would have been assigned had he enrolled in public school unless the parent, tutor, guardian, person having legal custody or person standing in loco parentis, with whom the pupil resides, moves to a residence outside the area from which pupils were, at the beginning of such school year, regularly assigned and attending such public school; provided, however, that the provisions of this Sub-section shall not prohibit a pupil attending a private school from transferring at any time to the public elementary or secondary school to which, at the beginning of the school year, he normally would have been assigned had he enrolled in public school.
C. After the 21st calendar day of the current or any succeeding school year for the public school in which he is enrolled, or in the case of a pupil in private school, after the 21st calendar day of the current or any succeeding school year for the public school to which he normally would have been assigned had he enrolled in public school, no pupil may be transferred to any public elementary or secondary school if the parent, tutor, guardian, person having legal custody or person standing in loco parentis, with whom the child resides, has moved or moves temporarily to another residence for the primary purpose of effecting a transfer of the pupil under the provisions of Sub- section B or C of this Section.
D. No pupil may be enrolled in nor continue to attend a public elementary or secondary school in which his enrollment is sought or has been effected if the residence of the pupil was or is a temporary residence established primarily to obtain admission to such school and to evade assignment to the school to which he normally would have been assigned had temporary residence not been established.
E. If any pupil, within the first 21 calendar days of the current or any succeeding school year for the public elementary or secondary school to which he normally would have been assigned, did not enroll in such school, he shall not be enrolled in another public elementary or secondary school, unless by a transfer lawfully made under the provisions of this Section.
F. Any member of a city or parish school board or any city or parish superintendent of schools who votes or takes any action to order or who consents to, or who cooperates in any enrollment or transfer of any pupil which is contrary to the provisions of this Section shall, for each such offense, be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than ninety days, or be both fined and imprisoned.
G. Any transfer or enrollment made in violation of any provision of this Section shall be null and void, and any rule, regulation or order of any school board in conflict with the provisions of this Section shall be null, void and of no effect.
NOTE: UNCONSTITUTIONAL; ACTS 1960, 1ST EX.SESS., NO. 26, §1, ENACTING THE PROVISIONS OF THIS SECTION, WAS HELD UNCONSTITUTIONAL ON NOVEMBER 30, 1960, BY THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF LOUISIANA, NEW ORLEANS DIVISION, IN THE CASE OF BUSH V. ORLEANS PARISH SCHOOL BOARD, 1960, 188 F.SUPP. 916, MOTIONS FOR STAY DENIED BY THE SUPREME COURT OF THE UNITED STATES ON DECEMBER 12, 1960, 81 S.CT. 260, 364 U.S. 500, 5 L.ED.2D 245, AFFIRMED 81 S.CT. 754, 365 U.S. 569, 5 L.ED.2D 806.
§81.1. Assignment, enrollment and transfer of pupils; penalties
A. No pupil may transfer or be transferred from any public elementary or secondary school in this state to another public elementary or secondary school after the 21st calendar day of the current or any succeeding school year for the school in which he is enrolled unless the parent, tutor, guardian, person having legal custody or person standing in loco parentis, with whom the pupil resides, removes the residence to a location which is outside the area from which pupils were, at the beginning of the school year, regularly assigned and attending the school from which the transfer is made or sought, provided that such pupil may be assigned to the public school of the area including such new residence to which he normally would have been assigned had he enrolled therein from said residence.
B. No pupil may transfer or be transferred from any private school to any public elementary or secondary school after the 21st calendar day of the current or any succeeding school year for the public school to which he normally would have been assigned had he enrolled in public school unless the parent, tutor, guardian, person having legal custody or person standing in loco parentis, with whom the pupil resides, moves to a residence outside the area from which pupils were, at the beginning of such school year, regularly assigned and attending such public school; provided, however, that the provisions of this Sub-section shall not prohibit a pupil attending a private school from transferring at any time to the public elementary or secondary school to which, at the beginning of the school year, he normally would have been assigned had he enrolled in public school.
C. After the 21st calendar day of the current or any succeeding school year for the public school in which he is enrolled, or in the case of a pupil in private school, after the 21st calendar day of the current or any succeeding school year for the public school to which he normally would have been assigned had he enrolled in public school, no pupil may be transferred to any public elementary or secondary school if the parent, tutor, guardian, person having legal custody or person standing in loco parentis, with whom the child resides, has moved or moves temporarily to another residence for the primary purpose of effecting a transfer of the pupil under the provisions of Sub- section B or C of this Section.
D. No pupil may be enrolled in nor continue to attend a public elementary or secondary school in which his enrollment is sought or has been effected if the residence of the pupil was or is a temporary residence established primarily to obtain admission to such school and to evade assignment to the school to which he normally would have been assigned had temporary residence not been established.
E. If any pupil, within the first 21 calendar days of the current or any succeeding school year for the public elementary or secondary school to which he normally would have been assigned, did not enroll in such school, he shall not be enrolled in another public elementary or secondary school, unless by a transfer lawfully made under the provisions of this Section.
F. Any member of a city or parish school board or any city or parish superintendent of schools who votes or takes any action to order or who consents to, or who cooperates in any enrollment or transfer of any pupil which is contrary to the provisions of this Section shall, for each such offense, be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than ninety days, or be both fined and imprisoned.
G. Any transfer or enrollment made in violation of any provision of this Section shall be null and void, and any rule, regulation or order of any school board in conflict with the provisions of this Section shall be null, void and of no effect.
NOTE: UNCONSTITUTIONAL; ACTS 1960, 1ST EX.SESS., NO. 26, §1, ENACTING THE PROVISIONS OF THIS SECTION, WAS HELD UNCONSTITUTIONAL ON NOVEMBER 30, 1960, BY THE UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF LOUISIANA, NEW ORLEANS DIVISION, IN THE CASE OF BUSH V. ORLEANS PARISH SCHOOL BOARD, 1960, 188 F.SUPP. 916, MOTIONS FOR STAY DENIED BY THE SUPREME COURT OF THE UNITED STATES ON DECEMBER 12, 1960, 81 S.CT. 260, 364 U.S. 500, 5 L.ED.2D 245, AFFIRMED 81 S.CT. 754, 365 U.S. 569, 5 L.ED.2D 806.
