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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives McCarty, Byrd, Nelson
HOUSE BILL NO. 1207
(As Passed the House)
AN ACT TO AMEND SECTIONS 37-13-63 AND 37-13-64, MISSISSIPPI 1
CODE OF 1972, TO PROVIDE AN EXCEPTION OF THE NUMBER OF DAYS SCHOOL 2
DISTRICTS IMPACTED BY WINTER STORM FERN, WHICH WARRANTED THE 3
GOVERNOR TO DECLARE A STATE OF EMERGENCY FOR SUCH PURPOSES, SHALL 4
BE REQUIRED TO CONDUCT SCHOOL OUTSIDE OF THE REQUIRED 180 DAYS OF 5
THE SCHOLASTIC YEARS BY GRANTING SUCH DISTRICTS WHICH CONTINUE TO 6
BE ADVERSELY AFFECTED BEYOND THE EXPIRATION OF THE DECLARED STATE 7
OF EMERGENCY ON JANUARY 27, 2026, NOT TO EXCEED FIFTEEN DAYS FOR 8
PURPOSES OF THOSE SCHOOL BOARD'S ABILITY TO RECEIVE PAYMENT FROM 9
THE STATE DEPARTMENT OF EDUCATION FOR PER PUPIL EXPENDITURE FOR 10
PUPILS IN NET ENROLLMENT; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 37-13-63, Mississippi Code of 1972, is 13
amended as follows: 14
37-13-63. (1) Except as otherwise provided, all public 15
schools in the state shall be kept in session for at least one 16
hundred eighty (180) days in each scholastic year. 17
(2) If the school board of any school district shall 18
determine that it is not economically feasible or practicable to 19
operate any school within the district for the full one hundred 20
eighty (180) days required for a scholastic year as contemplated 21
due to an enemy attack, a man-made, technological or natural 22
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disaster or extreme weather emergency in which the Governor has 23
declared a disaster or state of emergency under the laws of this 24
state or the President of the United States has declared an 25
emergency or major disaster to exist in this state, the school 26
board may notify the State Department of Education of the disaster 27
or weather emergency and submit a plan for altering the school 28
term. If the State Board of Education finds the disaster or 29
extreme weather emergency to be the cause of the school not 30
operating for the contemplated school term and that such school 31
was in a school district covered by the Governor's or President's 32
disaster or state of emergency declaration, it may permit that 33
school board to operate the schools in its district for less than 34
one hundred eighty (180) days; however, in no instance of a 35
declared disaster or state of emergency under the provisions of 36
this subsection shall a school board receive payment from the 37
State Department of Education for per pupil expenditure for pupils 38
in net enrollment in excess of ten (10) days, except for districts 39
in northern Mississippi impacted by "Winter Storm Fern," for which 40
the Governor declared a state of emergency on January 22, 2026, 41
extending through at least January 27, 2026, which continued to be 42
adversely affected, and for which payment from the State 43
Department of Education for per pupil expenditure for pupils in 44
net enrollment shall not exceed fifteen (15) days during the 45
2025-2026 scholastic year. 46
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SECTION 2. Section 37-13-64, Mississippi Code of 1972, is 47
amended as follows: 48
37-13-64. (1) Beginning with the 2010-2011 school term, any 49
school district required to close the operation of its schools by 50
decision of the superintendent, under the authority provided by 51
the local school board, due to extreme weather conditions, in the 52
best interests of the health and safety of the students, 53
administration and staff of the school district, shall be exempt 54
from the requirement that schools be kept in session a minimum of 55
one hundred eighty (180) days. Any school district that closes 56
its schools for reasons authorized under this section shall 57
receive payment from the State Department of Education for per 58
pupil expenditure for pupils in net enrollment not to exceed ten 59
(10) days, except for districts in northern Mississippi impacted 60
by "Winter Storm Fern," for which the Governor declared a state of 61
emergency on January 22, 2026, extending through at least January 62
27, 2026, which continue to be adversely affected, and for which 63
payment from the State Department of Education for per pupil 64
expenditure for pupils in net enrollment shall not exceed fifteen 65
(15) days during the 2025-2026 scholastic year. 66
(2) In the event weather conditions are cause for the 67
closure of operations of schools in any local school district in 68
any instance in which a state of emergency has not been declared 69
pursuant to Section 37-151-211(4), the State Board of Education 70
may consider, on a case-by-case basis, requests submitted by local 71
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ST: State of emergency; provide exception for
school districts impacted by "Winter Storm Fern"
to be allowed up to 15 days of hold harmless.
school districts to alter the school calendar consistent with the 72
provision of that section. 73
SECTION 3. This act shall take effect and be in force from 74
and after its passage. 75