Released-time religious instruction; require school districts to allow off-campus during school day.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Hobgood-Wilkes

HOUSE BILL NO. 1201

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