"Released-Time Moral Instruction Act of 2026"; enact to permit students to receive religious instruction during the school day.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Burch

HOUSE BILL NO. 1144

AN ACT TO CREATE THE "RELEASED-TIME MORAL INSTRUCTION ACT OF 1
2026"; TO AUTHORIZE LOCAL SCHOOL BOARDS TO PERMIT THE 2
RELEASED-TIME MORAL INSTRUCTION OF PUPILS; TO PERMIT SCHOOL BOARDS 3
TO COMPLETE A SURVEY TO DETERMINE PUPILS WITHIN THE SCHOOL 4
DISTRICT WHO DESIRE RELEASED-TIME MORAL INSTRUCTION AND WHO HAVE 5
RECEIVED CONSENT FROM THEIR PARENT OR LEGAL GUARDIAN FOR SUCH 6
INSTRUCTION; TO REQUIRE SCHOOL BOARDS TO ALLOW THOSE STUDENTS 7
DESIRING RELEASED-TIME MORAL INSTRUCTION TO PARTICIPATE IN 8
OFF-SITE FOR AT LEAST ONE HOUR, ONE DAY EACH WEEK; TO PROHIBIT THE 9
SCHOOL DISTRICT FROM PROVIDING OR FACILITATING RELEASED-TIME MORAL 10
INSTRUCTION ON SCHOOL PREMISES; TO PERMIT LOCAL SCHOOL BOARDS TO 11
MAKE ARRANGEMENTS WITH THE PERSONS IN CHARGE OF THE RELEASED-TIME 12
MORAL INSTRUCTION AS THE BOARD DEEMS NECESSARY AND ADVISABLE; TO 13
PROVIDE THAT STUDENTS SHALL NOT BE PENALIZED OR CONSIDERED ABSENT 14
FROM THE SCHOOL FOR PURPOSES OF ATTENDING RELEASED-TIME MORAL 15
INSTRUCTION; TO PROVIDE THAT STUDENTS WHO DO NOT PARTICIPATE IN 16
RELEASED-TIME MORAL INSTRUCTION SHALL CONTINUE IN THE REGULAR 17
COURSE OF DAILY INSTRUCTION; TO PROVIDE THAT RELEASED-TIME MORAL 18
INSTRUCTION SHALL BE GIVEN WITHOUT EXPENSE TO ANY LOCAL SCHOOL 19
BOARD BEYOND THE COST OF THE ORIGINAL SURVEY; TO AMEND SECTION 20
37-13-91, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING 21
PROVISIONS; AND FOR RELATED PURPOSES. 22
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 23
SECTION 1. This act shall be known and may be cited as the 24
"Released-Time Moral Instruction Act of 2026." 25
SECTION 2. (1) Each local school board may provide for 26
released-time moral instruction of pupils enrolled in the schools 27
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under its jurisdiction, in the manner provided in subsections (2) 28
through (7) of this section. 29
(2) Each local school board may authorize a complete survey 30
of all the pupils attending the public schools within the district 31
and determine those pupils who desire released-time moral 32
instruction and have received the consent of a parent or legal 33
guardian for the instruction. 34
(3) The boards of education which adopt such released-time 35
moral instruction policy shall allow pupils who have expressed a 36
desire for released-time moral instruction and who have received 37
the required parental consent specified in subsection (2) to be 38
excused for at least one (1) hour, one (1) day each week to attend 39
their respective places of worship or some other suitable place to 40
receive released-time moral instruction in accordance with the 41
religious faith or preference of the pupils. No such instruction 42
may be provided or facilitated on school premises. 43
(4) Each local school board may make arrangements with the 44
persons in charge of the released-time moral instruction as the 45
board deems necessary and advisable. 46
(5) Pupils who attend the classes for released-time moral 47
instruction at the time specified and for the period fixed shall 48
be credited with the time spent as if they had been in actual 49
attendance in school, and the time shall be calculated as part of 50
the actual school day required by Section 37-13-67. The pupil 51
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shall not be penalized for any school work missed during the 52
specified time. 53
(6) Any pupil who does not participate in the released-time 54
moral instruction shall remain in school during the time when the 55
instruction is being given, and shall continue in the regular 56
course of study by taking any academic or elective course as 57
decided upon by the student, his or her parent and the 58
professional school counselor for the instruction of that pupil 59
for the duration of each academic year. 60
(7) Released-time moral instruction shall be given without 61
expense to any local school board beyond the cost of the original 62
survey. 63
SECTION 3. Section 37-13-91, Mississippi Code of 1972, is 64
amended as follows: 65
37-13-91. (1) This section shall be referred to as the 66
"Mississippi Compulsory School Attendance Law." 67
(2) The following terms as used in this section are defined 68
as follows: 69
(a) "Parent" means the father or mother to whom a child 70
has been born, or the father or mother by whom a child has been 71
legally adopted. 72
(b) "Guardian" means a guardian of the person of a 73
child, other than a parent, who is legally appointed by a court of 74
competent jurisdiction. 75
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(c) "Custodian" means any person having the present 76
care or custody of a child, other than a parent or guardian of the 77
child. 78
(d) "School day" means not less than five and one-half 79
(5-1/2) and not more than eight (8) hours of actual teaching in 80
which both teachers and pupils are in regular attendance for 81
scheduled schoolwork. 82
(e) "School" means any public school, including a 83
charter school, in this state or any nonpublic school in this 84
state which is in session each school year for at least one 85
hundred eighty (180) school days, except that the "nonpublic" 86
school term shall be the number of days that each school shall 87
require for promotion from grade to grade. 88
(f) "Compulsory-school-age child" means a child who has 89
attained or will attain the age of six (6) years on or before 90
September 1 of the calendar year and who has not attained the age 91
of seventeen (17) years on or before September 1 of the calendar 92
year; and shall include any child who has attained or will attain 93
the age of five (5) years on or before September 1 and has 94
enrolled in a full-day public school kindergarten program. 95
(g) "School attendance officer" means a person employed 96
by the State Department of Education pursuant to Section 37-13-89. 97
(h) "Appropriate school official" means the 98
superintendent of the school district, or his designee, or, in the 99
case of a nonpublic school, the principal or the headmaster. 100
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(i) "Nonpublic school" means an institution for the 101
teaching of children, consisting of a physical plant, whether 102
owned or leased, including a home, instructional staff members and 103
students, and which is in session each school year. This 104
definition shall include, but not be limited to, private, church, 105
parochial and home instruction programs. 106
(3) A parent, guardian or custodian of a 107
compulsory-school-age child in this state shall cause the child to 108
enroll in and attend a public school or legitimate nonpublic 109
school for the period of time that the child is of compulsory 110
school age, except under the following circumstances: 111
(a) When a compulsory-school-age child is physically, 112
mentally or emotionally incapable of attending school as 113
determined by the appropriate school official based upon 114
sufficient medical documentation. 115
(b) When a compulsory-school-age child is enrolled in 116
and pursuing a course of special education, remedial education or 117
education for children with physical or mental disadvantages or 118
disabilities. 119
(c) When a compulsory-school-age child is being 120
educated in a legitimate home instruction program. 121
The parent, guardian or custodian of a compulsory-school-age 122
child described in this subsection, or the parent, guardian or 123
custodian of a compulsory-school-age child attending any charter 124
school or nonpublic school, or the appropriate school official for 125
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any or all children attending a charter school or nonpublic school 126
shall complete a "certificate of enrollment" in order to 127
facilitate the administration of this section. 128
The form of the certificate of enrollment shall be prepared 129
by the Office of Compulsory School Attendance Enforcement of the 130
State Department of Education and shall be designed to obtain the 131
following information only: 132
(i) The name, address, telephone number and date 133
of birth of the compulsory-school-age child; 134
(ii) The name, address and telephone number of the 135
parent, guardian or custodian of the compulsory-school-age child; 136
(iii) A simple description of the type of 137
education the compulsory-school-age child is receiving and, if the 138
child is enrolled in a nonpublic school, the name and address of 139
the school; and 140
(iv) The signature of the parent, guardian or 141
custodian of the compulsory-school-age child or, for any or all 142
compulsory-school-age child or children attending a charter school 143
or nonpublic school, the signature of the appropriate school 144
official and the date signed. 145
The certificate of enrollment shall be returned to the school 146
attendance officer where the child resides on or before September 147
15 of each year. Any parent, guardian or custodian found by the 148
school attendance officer to be in noncompliance with this section 149
shall comply, after written notice of the noncompliance by the 150
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school attendance officer, with this subsection within ten (10) 151
days after the notice or be in violation of this section. 152
However, in the event the child has been enrolled in a public 153
school within fifteen (15) calendar days after the first day of 154
the school year as required in subsection (6), the parent or 155
custodian may, at a later date, enroll the child in a legitimate 156
nonpublic school or legitimate home instruction program and send 157
the certificate of enrollment to the school attendance officer and 158
be in compliance with this subsection. 159
For the purposes of this subsection, a legitimate nonpublic 160
school or legitimate home instruction program shall be those not 161
operated or instituted for the purpose of avoiding or 162
circumventing the compulsory attendance law. 163
(4) An "unlawful absence" is an absence for an entire school 164
day or during part of a school day by a compulsory-school-age 165
child, which absence is not due to a valid excuse for temporary 166
nonattendance. For purposes of reporting absenteeism under 167
subsection (6) of this section, if a compulsory-school-age child 168
has an absence that is more than thirty-seven percent (37%) of the 169
instructional day, as fixed by the school board for the school at 170
which the compulsory-school-age child is enrolled, the child must 171
be considered absent the entire school day. Days missed from 172
school due to disciplinary suspension shall not be considered an 173
"excused" absence under this section. This subsection shall not 174
apply to children enrolled in a nonpublic school. 175
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Each of the following shall constitute a valid excuse for 176
temporary nonattendance of a compulsory-school-age child enrolled 177
in a noncharter public school, provided satisfactory evidence of 178
the excuse is provided to the superintendent of the school 179
district, or his designee: 180
(a) An absence is excused when the absence results from 181
the compulsory-school-age child's attendance at an authorized 182
school activity with the prior approval of the superintendent of 183
the school district, or his designee. These activities may 184
include field trips, athletic contests, student conventions, 185
musical festivals and any similar activity. 186
(b) An absence is excused when the absence results from 187
illness or injury which prevents the compulsory-school-age child 188
from being physically able to attend school. 189
(c) An absence is excused when isolation of a 190
compulsory-school-age child is ordered by the county health 191
officer, by the State Board of Health or appropriate school 192
official. 193
(d) An absence is excused when it results from the 194
death or serious illness of a member of the immediate family of a 195
compulsory-school-age child. The immediate family members of a 196
compulsory-school-age child shall include children, spouse, 197
grandparents, parents, brothers and sisters, including 198
stepbrothers and stepsisters. 199
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(e) An absence is excused when it results from a 200
medical or dental appointment of a compulsory-school-age child. 201
(f) An absence is excused when it results from the 202
attendance of a compulsory-school-age child at the proceedings of 203
a court or an administrative tribunal if the child is a party to 204
the action or under subpoena as a witness. 205
(g) An absence may be excused if the religion to which 206
the compulsory-school-age child or the child's parents adheres, 207
requires or suggests the observance of a religious event. The 208
approval of the absence is within the discretion of the 209
superintendent of the school district, or his designee, but 210
approval should be granted unless the religion's observance is of 211
such duration as to interfere with the education of the child. 212
Additionally, students may be excused by school districts which 213
have adopted a policy allowing students' voluntary participation 214
in an approved released-time moral instruction program. 215
(h) An absence may be excused when it is demonstrated 216
to the satisfaction of the superintendent of the school district, 217
or his designee, that the purpose of the absence is to take 218
advantage of a valid educational opportunity such as travel, 219
including vacations or other family travel. Approval of the 220
absence must be gained from the superintendent of the school 221
district, or his designee, before the absence, but the approval 222
shall not be unreasonably withheld. 223
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(i) An absence may be excused when it is demonstrated 224
to the satisfaction of the superintendent of the school district, 225
or his designee, that conditions are sufficient to warrant the 226
compulsory-school-age child's nonattendance. However, no absences 227
shall be excused by the school district superintendent, or his 228
designee, when any student suspensions or expulsions circumvent 229
the intent and spirit of the compulsory attendance law. 230
(j) An absence is excused when it results from the 231
attendance of a compulsory-school-age child participating in 232
official organized events sponsored by the 4-H or Future Farmers 233
of America (FFA). The excuse for the 4-H or FFA event must be 234
provided in writing to the appropriate school superintendent by 235
the Extension Agent or High School Agricultural Instructor/FFA 236
Advisor. 237
(k) An absence is excused when it results from the 238
compulsory-school-age child officially being employed to serve as 239
a page at the State Capitol for the Mississippi House of 240
Representatives or Senate. 241
(5) Any parent, guardian or custodian of a 242
compulsory-school-age child subject to this section who refuses or 243
willfully fails to perform any of the duties imposed upon him or 244
her under this section or who intentionally falsifies any 245
information required to be contained in a certificate of 246
enrollment, shall be guilty of contributing to the neglect of a 247
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child and, upon conviction, shall be punished in accordance with 248
Section 97-5-39. 249
Upon prosecution of a parent, guardian or custodian of a 250
compulsory-school-age child for violation of this section, the 251
presentation of evidence by the prosecutor that shows that the 252
child has not been enrolled in school within eighteen (18) 253
calendar days after the first day of the school year of the public 254
school which the child is eligible to attend, or that the child 255
has accumulated twelve (12) unlawful absences during the school 256
year at the public school in which the child has been enrolled, 257
shall establish a prima facie case that the child's parent, 258
guardian or custodian is responsible for the absences and has 259
refused or willfully failed to perform the duties imposed upon him 260
or her under this section. However, no proceedings under this 261
section shall be brought against a parent, guardian or custodian 262
of a compulsory-school-age child unless the school attendance 263
officer has contacted promptly the home of the child and has 264
provided written notice to the parent, guardian or custodian of 265
the requirement for the child's enrollment or attendance. 266
(6) If a compulsory-school-age child has not been enrolled 267
in a school within fifteen (15) calendar days after the first day 268
of the school year of the school which the child is eligible to 269
attend or the child has accumulated five (5) unlawful absences 270
during the school year of the public school in which the child is 271
enrolled, the school district superintendent, or his designee, 272
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shall report, within two (2) school days or within five (5) 273
calendar days, whichever is less, the absences to the school 274
attendance officer. The State Department of Education shall 275
prescribe a uniform method for schools to utilize in reporting the 276
unlawful absences to the school attendance officer. The 277
superintendent, or his designee, also shall report any student 278
suspensions or student expulsions to the school attendance officer 279
when they occur. 280
(7) When a school attendance officer has made all attempts 281
to secure enrollment and/or attendance of a compulsory-school-age 282
child and is unable to effect the enrollment and/or attendance, 283
the attendance officer shall file a petition with the youth court 284
under Section 43-21-451 or shall file a petition in a court of 285
competent jurisdiction as it pertains to parent or child. 286
Sheriffs, deputy sheriffs and municipal law enforcement officers 287
shall be fully authorized to investigate all cases of 288
nonattendance and unlawful absences by compulsory-school-age 289
children, and shall be authorized to file a petition with the 290
youth court under Section 43-21-451 or file a petition or 291
information in the court of competent jurisdiction as it pertains 292
to parent or child for violation of this section. The youth court 293
shall expedite a hearing to make an appropriate adjudication and a 294
disposition to ensure compliance with the Compulsory School 295
Attendance Law, and may order the child to enroll or re-enroll in 296
school. The superintendent of the school district to which the 297
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child is ordered may assign, in his discretion, the child to the 298
alternative school program of the school established pursuant to 299
Section 37-13-92. 300
(8) The State Board of Education shall adopt rules and 301
regulations for the purpose of reprimanding any school 302
superintendents who fail to timely report unexcused absences under 303
the provisions of this section. 304
(9) Notwithstanding any provision or implication herein to 305
the contrary, it is not the intention of this section to impair 306
the primary right and the obligation of the parent or parents, or 307
person or persons in loco parentis to a child, to choose the 308
proper education and training for such child, and nothing in this 309
section shall ever be construed to grant, by implication or 310
otherwise, to the State of Mississippi, any of its officers, 311
agencies or subdivisions any right or authority to control, 312
manage, supervise or make any suggestion as to the control, 313
management or supervision of any private or parochial school or 314
institution for the education or training of children, of any kind 315
whatsoever that is not a public school according to the laws of 316
this state; and this section shall never be construed so as to 317
grant, by implication or otherwise, any right or authority to any 318
state agency or other entity to control, manage, supervise, 319
provide for or affect the operation, management, program, 320
curriculum, admissions policy or discipline of any such school or 321
home instruction program. 322
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ST: "Released-Time Moral Instruction Act of
2026"; enact to permit students to receive
religious instruction during the school day.
SECTION 4. This act shall take effect and be in force from 323
and after July 1, 2026. 324