Special education compliance; revise provisions relating to school attendance, absenteeism and disciplinary issues.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Crawford

HOUSE BILL NO. 1189

AN ACT TO AMEND SECTION 37-13-107, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE EVERY SCHOOL ATTENDANCE OFFICER TO COMPLETE CERTAIN 2
COMPREHENSIVE LEGAL TRAINING FOR THE INDIVIDUALS WITH DISABILITIES 3
IN EDUCATION ACT (IDEA) AND SECTION 504 OF THE REHABILITATION ACT 4
OF 1973; TO AMEND SECTION 37-11-18.1, MISSISSIPPI CODE OF 1972, TO 5
REVISE THE TERMS "HABITUALLY DISRUPTIVE" AS IT PERTAINS TO 6
STUDENTS WHO RECEIVE SPECIAL EDUCATION SERVICES UNDER AN 7
INDIVIDUAL EDUCATION PLAN (IEP) OR A 504 PLAN; TO PROVIDE THAT A 8
BEHAVIOR MODIFICATION PLAN SHOULD BE WRITTEN ONLY AFTER CERTAIN 9
ASSESSMENTS ARE MADE FOR THE CHILD; TO PROVIDE CERTAIN EXCEPTIONS 10
REGARDING EXPULSION OR ALTERNATIVE SCHOOL FOR A CHILD DEEMED 11
HABITUALLY DISRUPTIVE, IF SUCH CHILD HAS A MODIFICATION PLAN AND 12
RECEIVES SPECIAL EDUCATION SERVICES; TO AMEND SECTION 37-13-91, 13
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CHILD'S ABSENCE IS 14
EXCUSED WHEN IT RESULTS FROM THE CHILD'S DISABILITY UNDER IDEA OR 15
OUTSIDE TREATMENT FOR SUCH DISABILITY UNDER IDEA; TO REQUIRE THE 16
STATE BOARD OF EDUCATION TO ADOPT RULES AND REGULATIONS THAT 17
REQUIRE THE IMPLEMENTATION OF EVIDENCE-BASED PROCEDURES THAT 18
ENCOURAGE EFFECTIVE INTERVENTIONS FOR ASSISTING INDIVIDUAL 19
STUDENTS WHO ARE VULNERABLE TO CHRONIC ABSENTEEISM; AND FOR 20
RELATED PURPOSES. 21
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 22
SECTION 1. Section 37-13-107, Mississippi Code of 1972, is 23
amended as follows: 24
37-13-107. (1) Every school attendance officer shall be 25
required annually to attend and complete a comprehensive course of 26
training and education which is provided or approved by the Office 27
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of Compulsory School Attendance Enforcement of the State 28
Department of Education. Additionally, every school attendance 29
officer shall be required to attend and complete a 30
comprehensive legal training for the Individuals with 31
Disabilities in Education Act (IDEA) and Section 504 of the 32
Rehabilitation Act of 1973 sponsored by the Office of Special 33
Education of the Mississippi Department of Education. This 34
training should enable school attendance officers to 35
understand the legal rights of children with disabilities 36
under IDEA or Section 504. This training shall also educate 37
school attendance officers of the proper policies, procedures, 38
and requirements for reporting a child with a potential 39
disability to the school district so that the district can 40
properly locate, identify and possibly evaluate that child in 41
compliance with its legal duty of child find based on federal 42
and state IDEA regulations. Attendance shall be required 43
beginning with the first training seminar conducted after the 44
school attendance officer is employed as a school attendance 45
officer. 46
(2) The Office of Compulsory School Attendance Enforcement 47
shall provide or approve a course of training and education for 48
school attendance officers of the state. The course shall consist 49
of at least twelve (12) hours of training per year. The content 50
of the course of training and when and where it is to be conducted 51
shall be approved by the office. A certificate of completion 52
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shall be furnished by the State Department of Education to those 53
school attendance officers who complete the course. Each 54
certificate shall be made a permanent record of the school 55
attendance officer supervisor's office where the school attendance 56
officer is employed. 57
(3) Upon the failure of any person employed as a school 58
attendance officer to receive the certificate of completion from 59
the State Department of Education within the first year of his 60
employment, the person shall not be allowed to carry out any of 61
the duties of a school attendance officer and shall not be 62
entitled to compensation for the period of time during which the 63
certificate has not been obtained. 64
SECTION 2. Section 37-11-18.1, Mississippi Code of 1972, is 65
amended as follows: 66
37-11-18.1. (1) For the purposes of this section: 67
(a) The term "disruptive behavior" means conduct of a 68
student that is so unruly, disruptive or abusive that it seriously 69
interferes with a schoolteacher's or school administrator's 70
ability to communicate with the students in a classroom, with a 71
student's ability to learn, or with the operation of a school or 72
school-related activity, and which is not covered by other laws 73
related to violence or possession of weapons or controlled 74
substances on school property, school vehicles or at 75
school-related activities. Such behaviors include, but are not 76
limited to: foul, profane, obscene, threatening, defiant or 77
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abusive language or action toward teachers or other school 78
employees; defiance, ridicule or verbal attack of a teacher; and 79
willful, deliberate and overt acts of disobedience of the 80
directions of a teacher; and 81
(b) The term "habitually disruptive" refers to such 82
actions of a student which cause disruption in a classroom, on 83
school property or vehicles or at a school-related activity on 84
more than two (2) occasions during a school year, and to 85
disruptive behavior that was initiated, willful and overt on the 86
part of the student and which required the attention of school 87
personnel to deal with the disruption. However, no student shall 88
be considered to be habitually disruptive before the local school 89
board incorporates evidence-based practices and positive 90
behavioral intervention supports into individual school 91
district policies and Codes of Conduct pursuant to Section 92
37-11-54 and before the subsequent * * * development of a 93
behavior modification plan for the student in accordance with the 94
code of student conduct and discipline plans of the school 95
district. Additionally, no student shall be considered 96
habitually disruptive if the student is either currently 97
receiving special education services under an Individual 98
Education Plan (IEP) pursuant to the Individuals with 99
Disabilities in Education Act (IDEA) or services under a 504 100
Plan pursuant to the Rehabilitation Act of 1973. Furthermore, 101
no student shall be considered habitually disruptive who has 102
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not been determined to be eligible for special education and 103
related services yet the public agency had knowledge that the 104
child was a child with a disability before the disruptive 105
behavior that precipitated the disciplinary action occurred 106
pursuant to 34 CFR Section 300.534. 107
(2) Every behavior modification plan written pursuant to 108
this section must be developed by utilizing evidence-based 109
practices and positive behavioral intervention supports. The 110
behavior modification plan must be developed with input from 111
the parent or guardian along with the school counselor, 112
teachers, along with a psychologist or behavioral specialist. 113
The plan should be developed (a) only after an assessment of 114
the behavior which is conducted by identifying the "target" or 115
problem behaviors; (b) observing the child, perhaps in 116
different environments, and collecting data on the target 117
behavior, the antecedents to the behavior, time the behavior 118
occurs, situations where the behavior occurs, and the consequences 119
of the behavior; (c) formulating a hypothesis about the cause(s) 120
of the behavior and summary statement; (d) and developing an 121
intervention(s) with the highest potential of changing the 122
behavior. The need for a behavior modification plan should 123
trigger the public agency to consider initiating child find 124
processes under IDEA to identify, locate, and evaluate the minor 125
child to determine if the child has a disability which is 126
manifested by the habitually disruptive behavior and is entitled 127
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to special education services under the Individuals with 128
Disabilities in Education Act (IDEA) or services under a 504 Plan 129
pursuant to the Rehabilitation Act of 1973 for that disability. A 130
Multidisciplinary Evaluation Team (MET) would have to be convened 131
to determine if the student requires a comprehensive evaluation to 132
determine eligibility for special education services under IDEA. 133
Any student who does not qualify for special education services 134
under IDEA must be considered for eligibility under a 504 Plan. 135
The behavioral modification plan must be implemented no later than 136
two (2) weeks after the occurrence of the disruptive behavior. 137
(3) Any student who is thirteen (13) years of age or older 138
for whom a behavior modification plan is developed by the school 139
principal, reporting teacher and student's parent and which 140
student does not comply with the plan shall be deemed habitually 141
disruptive and subject to possible expulsion or alternative school 142
on the occurrence of the third act of disruptive behavior during a 143
school year, with the exception of students receiving special 144
education services under an Individualized Education Program (IEP) 145
pursuant to the Individuals with Disabilities in Education Act 146
(IDEA) or services under a 504 Plan pursuant to the Rehabilitation 147
Act of 1973. After the second act of disruptive behavior during a 148
school year by a student, the public agency may consider 149
initiating child find processes under IDEA to identify, locate, 150
and evaluate the minor child to determine if the child has a 151
disability which is manifested by the habitually disruptive 152
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behavior and is entitled to special education services under the 153
Individuals with Disabilities Education Act (IDEA) or services 154
under a 504 Plan pursuant to the Rehabilitation Act of 1973 for 155
that disability. A Multidisciplinary Evaluation Team (MET) would 156
have to be convened to determine if the student requires a 157
comprehensive evaluation to determine eligibility for special 158
education services under IDEA. Any student who does not qualify 159
for special education services under IDEA must be considered for 160
eligibility under a 504 Plan. 161
* * * 162
SECTION 3. Section 37-13-91, Mississippi Code of 1972, is 163
amended as follows: 164
37-13-91. (1) This section shall be referred to as the 165
"Mississippi Compulsory School Attendance Law." 166
(2) The following terms as used in this section are defined 167
as follows: 168
(a) "Parent" means the father or mother to whom a child 169
has been born, or the father or mother by whom a child has been 170
legally adopted. 171
(b) "Guardian" means a guardian of the person of a 172
child, other than a parent, who is legally appointed by a court of 173
competent jurisdiction. 174
(c) "Custodian" means any person having the present 175
care or custody of a child, other than a parent or guardian of the 176
child. 177
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(d) "School day" means not less than five and one-half 178
(5-1/2) and not more than eight (8) hours of actual teaching in 179
which both teachers and pupils are in regular attendance for 180
scheduled schoolwork. 181
(e) "School" means any public school, including a 182
charter school, in this state or any nonpublic school in this 183
state which is in session each school year for at least one 184
hundred eighty (180) school days, except that the "nonpublic" 185
school term shall be the number of days that each school shall 186
require for promotion from grade to grade. 187
(f) "Compulsory-school-age child" means a child who has 188
attained or will attain the age of six (6) years on or before 189
September 1 of the calendar year and who has not attained the age 190
of seventeen (17) years on or before September 1 of the calendar 191
year; and shall include any child who has attained or will attain 192
the age of five (5) years on or before September 1 and has 193
enrolled in a full-day public school kindergarten program. 194
(g) "School attendance officer" means a person employed 195
by the State Department of Education pursuant to Section 37-13-89. 196
(h) "Appropriate school official" means the 197
superintendent of the school district, or his designee, or, in the 198
case of a nonpublic school, the principal or the headmaster. 199
(i) "Nonpublic school" means an institution for the 200
teaching of children, consisting of a physical plant, whether 201
owned or leased, including a home, instructional staff members and 202
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students, and which is in session each school year. This 203
definition shall include, but not be limited to, private, church, 204
parochial and home instruction programs. 205
(3) A parent, guardian or custodian of a 206
compulsory-school-age child in this state shall cause the child to 207
enroll in and attend a public school or legitimate nonpublic 208
school for the period of time that the child is of compulsory 209
school age, except under the following circumstances: 210
(a) When a compulsory-school-age child is physically, 211
mentally or emotionally incapable of attending school as 212
determined by the appropriate school official based upon 213
sufficient medical documentation. 214
(b) When a compulsory-school-age child is enrolled in 215
and pursuing a course of special education, remedial education or 216
education for children with physical or mental disadvantages or 217
disabilities. 218
(c) When a compulsory-school-age child is being 219
educated in a legitimate home instruction program. 220
The parent, guardian or custodian of a compulsory-school-age 221
child described in this subsection, or the parent, guardian or 222
custodian of a compulsory-school-age child attending any charter 223
school or nonpublic school, or the appropriate school official for 224
any or all children attending a charter school or nonpublic school 225
shall complete a "certificate of enrollment" in order to 226
facilitate the administration of this section. 227
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The form of the certificate of enrollment shall be prepared 228
by the Office of Compulsory School Attendance Enforcement of the 229
State Department of Education and shall be designed to obtain the 230
following information only: 231
(i) The name, address, telephone number and date 232
of birth of the compulsory-school-age child; 233
(ii) The name, address and telephone number of the 234
parent, guardian or custodian of the compulsory-school-age child; 235
(iii) A simple description of the type of 236
education the compulsory-school-age child is receiving and, if the 237
child is enrolled in a nonpublic school, the name and address of 238
the school; and 239
(iv) The signature of the parent, guardian or 240
custodian of the compulsory-school-age child or, for any or all 241
compulsory-school-age child or children attending a charter school 242
or nonpublic school, the signature of the appropriate school 243
official and the date signed. 244
The certificate of enrollment shall be returned to the school 245
attendance officer where the child resides on or before September 246
15 of each year. Any parent, guardian or custodian found by the 247
school attendance officer to be in noncompliance with this section 248
shall comply, after written notice of the noncompliance by the 249
school attendance officer, with this subsection within ten (10) 250
days after the notice or be in violation of this section. 251
However, in the event the child has been enrolled in a public 252
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school within fifteen (15) calendar days after the first day of 253
the school year as required in subsection (6), the parent or 254
custodian may, at a later date, enroll the child in a legitimate 255
nonpublic school or legitimate home instruction program and send 256
the certificate of enrollment to the school attendance officer and 257
be in compliance with this subsection. 258
For the purposes of this subsection, a legitimate nonpublic 259
school or legitimate home instruction program shall be those not 260
operated or instituted for the purpose of avoiding or 261
circumventing the compulsory attendance law. 262
(4) An "unlawful absence" is an absence for an entire school 263
day or during part of a school day by a compulsory-school-age 264
child, which absence is not due to a valid excuse for temporary 265
nonattendance. For purposes of reporting absenteeism under 266
subsection (6) of this section, if a compulsory-school-age child 267
has an absence that is more than thirty-seven percent (37%) of the 268
instructional day, as fixed by the school board for the school at 269
which the compulsory-school-age child is enrolled, the child must 270
be considered absent the entire school day. Days missed from 271
school due to disciplinary suspension shall not be considered an 272
"excused" absence under this section. This subsection shall not 273
apply to children enrolled in a nonpublic school. 274
Each of the following shall constitute a valid excuse for 275
temporary nonattendance of a compulsory-school-age child enrolled 276
in a noncharter public school, provided satisfactory evidence of 277
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the excuse is provided to the superintendent of the school 278
district, or his designee: 279
(a) An absence is excused when the absence results from 280
the compulsory-school-age child's attendance at an authorized 281
school activity with the prior approval of the superintendent of 282
the school district, or his designee. These activities may 283
include field trips, athletic contests, student conventions, 284
musical festivals and any similar activity. 285
(b) An absence is excused when the absence results from 286
illness or injury which prevents the compulsory-school-age child 287
from being physically able to attend school. 288
(c) An absence is excused when isolation of a 289
compulsory-school-age child is ordered by the county health 290
officer, by the State Board of Health or appropriate school 291
official. 292
(d) An absence is excused when it results from the 293
death or serious illness of a member of the immediate family of a 294
compulsory-school-age child. The immediate family members of a 295
compulsory-school-age child shall include children, spouse, 296
grandparents, parents, brothers and sisters, including 297
stepbrothers and stepsisters. 298
(e) An absence is excused when it results from a 299
medical or dental appointment of a compulsory-school-age child 300
seeking the excuse of absence. 301
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(f) An absence is excused when it results from the 302
attendance of a compulsory-school-age child at the proceedings of 303
a court or an administrative tribunal if the child is a party to 304
the action or under subpoena as a witness. 305
(g) An absence may be excused if the religion to which 306
the compulsory-school-age child or the child's parents adheres, 307
requires or suggests the observance of a religious event. The 308
approval of the absence is within the discretion of the 309
superintendent of the school district, or his designee, but 310
approval should be granted unless the religion's observance is of 311
such duration as to interfere with the education of the child. 312
(h) An absence may be excused when it is demonstrated 313
to the satisfaction of the superintendent of the school district, 314
or his designee, that the purpose of the absence is to take 315
advantage of a valid educational opportunity such as travel, 316
including vacations or other family travel. Approval of the 317
absence must be gained from the superintendent of the school 318
district, or his designee, before the absence, but the approval 319
shall not be unreasonably withheld. 320
(i) An absence may be excused when it is demonstrated 321
to the satisfaction of the superintendent of the school district, 322
or his designee, that conditions are sufficient to warrant the 323
compulsory-school-age child's nonattendance. However, no absences 324
shall be excused by the school district superintendent, or his 325
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designee, when any student suspensions or expulsions circumvent 326
the intent and spirit of the compulsory attendance law. 327
(j) An absence is excused when it results from the 328
attendance of a compulsory-school-age child participating in 329
official organized events sponsored by the 4-H or Future Farmers 330
of America (FFA). The excuse for the 4-H or FFA event must be 331
provided in writing to the appropriate school superintendent by 332
the Extension Agent or High School Agricultural Instructor/FFA 333
Advisor. 334
(k) An absence is excused when it results from the 335
compulsory-school-age child officially being employed to serve as 336
a page at the State Capitol for the Mississippi House of 337
Representatives or Senate. 338
(l) An absence is excused when it results from the 339
child's disability under the Individuals with Disabilities in 340
Education Act (IDEA) or outside treatment for the child's 341
disability under the IDEA. A child with a disability is defined 342
in 20 USC Section 1401(3) and Mississippi State Board Policy 343
Section 300.8. 344
(5) Any parent, guardian or custodian of a 345
compulsory-school-age child subject to this section who refuses or 346
willfully fails to perform any of the duties imposed upon him or 347
her under this section or who intentionally falsifies any 348
information required to be contained in a certificate of 349
enrollment, shall be guilty of contributing to the neglect of a 350
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child and, upon conviction, shall be punished in accordance with 351
Section 97-5-39. 352
Upon prosecution of a parent, guardian or custodian of a 353
compulsory-school-age child for violation of this section, the 354
presentation of evidence by the prosecutor that shows that the 355
child has not been enrolled in school within eighteen (18) 356
calendar days after the first day of the school year of the public 357
school which the child is eligible to attend, or that the child 358
has accumulated twelve (12) unlawful absences during the school 359
year at the public school in which the child has been enrolled, 360
shall establish a prima facie case that the child's parent, 361
guardian or custodian is responsible for the absences and has 362
refused or willfully failed to perform the duties imposed upon him 363
or her under this section. However, no proceedings under this 364
section shall be brought against a parent, guardian or custodian 365
of a compulsory-school-age child if such absences are the result 366
of a disability under the Individuals with Disabilities in 367
Education Act (IDEA) or Section 504 of the Rehabilitation Act of 368
1973 Section 504. A stay on truancy proceedings shall be 369
implemented to determine if the absences may be the result of a 370
disability under IDEA and the public agency is considered "on 371
notice" that the child might have a disability. The school would 372
then be required to initiate child find processes under IDEA to 373
identify, locate, and evaluate the minor child to determine if the 374
child has a disability and is entitled to special education 375
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services under the Individuals with Disabilities in Education Act 376
(IDEA) or services under a 504 Plan pursuant to the Rehabilitation 377
Act of 1973 for that disability. A Multidisciplinary Evaluation 378
Team (MET) would have to be convened to determine if the student 379
requires a comprehensive evaluation or re-evaluation for students 380
already receiving services under IDEA or Section 504 to determine 381
eligibility for special education services under IDEA. Any 382
student who does not qualify for special education services under 383
IDEA must be considered for eligibility under a 504 Plan. If the 384
absence is a result of a disability under IDEA or Section 504, 385
then the absence shall be excused pursuant to subsection 4(1) of 386
this section and all truancy proceedings shall be dismissed. If 387
the absence is not the result of a disability as defined under the 388
IDEA or Section 504, then no proceedings under this section shall 389
be brought against a parent, guardian or custodian of a 390
compulsory-school-age child unless the school attendance officer 391
has contacted promptly the home of the child and has provided 392
written notice to the parent, guardian or custodian of the 393
requirement for the child's enrollment or attendance. 394
(6) If a compulsory-school-age child has not been enrolled 395
in a school within fifteen (15) calendar days after the first day 396
of the school year of the school which the child is eligible to 397
attend or the child has accumulated five (5) unlawful absences 398
during the school year of the public school in which the child is 399
enrolled, the school district superintendent, or his designee, 400
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shall report, within two (2) school days or within five (5) 401
calendar days, whichever is less, the absences to the school 402
attendance officer. The State Department of Education shall 403
prescribe a uniform method for schools to utilize in reporting the 404
unlawful absences to the school attendance officer. The 405
superintendent, or his designee, also shall report any student 406
suspensions or student expulsions to the school attendance officer 407
when they occur. 408
(7) When a school attendance officer has made all attempts 409
to secure enrollment and/or attendance of a compulsory-school-age 410
child and is unable to effect the enrollment and/or attendance, 411
the attendance officer shall file a petition with the youth court 412
under Section 43-21-451 or shall file a petition in a court of 413
competent jurisdiction as it pertains to parent or child. 414
Sheriffs, deputy sheriffs and municipal law enforcement officers 415
shall be fully authorized to investigate all cases of 416
nonattendance and unlawful absences by compulsory-school-age 417
children, and shall be authorized to file a petition with the 418
youth court under Section 43-21-451 or file a petition or 419
information in the court of competent jurisdiction as it pertains 420
to parent or child for violation of this section. The youth court 421
shall expedite a hearing to make an appropriate adjudication and a 422
disposition to ensure compliance with the Compulsory School 423
Attendance Law, and may order the child to enroll or re-enroll in 424
school. The superintendent of the school district to which the 425
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child is ordered may assign, in his discretion, the child to the 426
alternative school program of the school established pursuant to 427
Section 37-13-92. 428
(8) The State Board of Education shall adopt rules and 429
regulations for the purpose of reprimanding any school 430
superintendents who fail to timely report unexcused absences under 431
the provisions of this section. 432
(9) The State Board of Education shall adopt rules and 433
regulations requiring the implementation of evidence-based 434
procedures that encourage effective interventions for 435
assisting individual students who are vulnerable to chronic 436
absences and, as necessary, schools and districts with high 437
rates of chronic absenteeism. 438
(10) The State Board of Education shall adopt rules and 439
regulations requiring all school attendance officers to 440
complete mandatory legal training for IDEA and Section 504 441
sponsored by the Mississippi Department of Education Office 442
of Special Education. This training should enable school 443
attendance officers to understand the legal rights of 444
children with disabilities under IDEA or Section 504. It 445
shall also train school attendance officers on the proper 446
policies, procedures, and requirements for reporting a child 447
with a potential disability to the school district so that 448
the district can properly locate, identify and possibly 449
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ST: Special education compliance; revise
provisions relating to school attendance,
absenteeism and disciplinary issues.
evaluate that child in compliance with its legal duty of 450
child find based on federal and state IDEA regulations. 451
( * * *11) Notwithstanding any provision or implication 452
herein to the contrary, it is not the intention of this section to 453
impair the primary right and the obligation of the parent or 454
parents, or person or persons in loco parentis to a child, to 455
choose the proper education and training for such child, and 456
nothing in this section shall ever be construed to grant, by 457
implication or otherwise, to the State of Mississippi, any of its 458
officers, agencies or subdivisions any right or authority to 459
control, manage, supervise or make any suggestion as to the 460
control, management or supervision of any private or parochial 461
school or institution for the education or training of children, 462
of any kind whatsoever that is not a public school according to 463
the laws of this state; and this section shall never be construed 464
so as to grant, by implication or otherwise, any right or 465
authority to any state agency or other entity to control, manage, 466
supervise, provide for or affect the operation, management, 467
program, curriculum, admissions policy or discipline of any such 468
school or home instruction program. 469
SECTION 4. This act shall take effect and be in force from 470
and after July 1, 2026. 471