School attendance officers; revise title, salary and responsibilities of related to dropout prevention.

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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives McCarty, McLean

HOUSE BILL NO. 1211

AN ACT TO AMEND SECTIONS 37-13-80, 37-13-81, 37-13-83, 1
37-13-85, 37-13-87, 37-13-89, 37-13-91 AND 37-13-107, MISSISSIPPI 2
CODE OF 1972, TO REVISE THE NAMES OF THE OFFICES OF DROPOUT 3
PREVENTION AND COMPULSORY SCHOOL ATTENDANCE TO REFLECT NEW 4
DESIGNATIONS AS THE OFFICE OF STUDENT SUCCESS AND GRADUATION AND 5
THE OFFICE OF EDUCATIONAL PARTICIPATION, RESPECTIVELY; TO ASSIGN 6
THE NEW TITLE TO INDIVIDUALS WHO SERVED IN THE ROLE OF SCHOOL 7
ATTENDANCE OFFICERS, TO NOW BEING REFERRED TO AS STUDENT SUCCESS 8
AND GRADUATION COACHES, AND THEIR DISTRICT SUPERVISORS' TITLE 9
BEING CHANGED TO STUDENT SUCCESS AND GRADUATION REGIONAL 10
COORDINATORS; TO REVISE THE MINIMUM SALARY SCHEDULE FOR STUDENT 11
SUCCESS AND GRADUATION COACHES BASED ON EDUCATION AND YEARS OF 12
EXPERIENCE; TO REVISE EMPLOYMENT QUALIFICATIONS FOR STUDENT 13
SUCCESS AND GRADUATION COACHES; TO REVISE THE RESPONSIBILITIES AND 14
DUTIES OF STUDENT SUCCESS AND GRADUATION COACHES; TO BRING FORWARD 15
SECTION 37-13-92, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF 16
POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. Section 37-13-80, Mississippi Code of 1972, is 19
amended as follows: 20
37-13-80. (1) There is created the Office of * * * Student 21
Success and Graduation within the State Department of Education. 22
The office shall be responsible for the administration of a 23
statewide * * * program success and graduation of students. 24
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(2) The State Superintendent of Public Education shall 25
appoint a director for the Office of * * * Student Success and 26
Graduation, who shall meet all qualifications established by the 27
State Superintendent of Public Education and the State Personnel 28
Board. The director shall be responsible for the proper 29
administration of the Office of * * * Student Success and 30
Graduation and any other regulations or policies that may be 31
adopted by the State Board of Education. * * * 32
(3) Each school district shall implement a * * * Student 33
Success and Graduation Strategic Plan, which shall be submitted to 34
the Office of Student Success and Graduation of the State 35
Department of Education by July 15, beginning with the 2026-2027 36
school year, and annually thereafter * * *. 37
(4) Each local school district will be held responsible for 38
reducing and/or eliminating dropouts in the district. The local 39
school district will be responsible for the implementation 40
of * * * strategic plans focusing on issues such as, but not 41
limited to: 42
(a) Dropout Prevention initiatives that focus on the 43
needs of individual local education agencies; 44
(b) Establishing policies and procedures that meet the 45
needs of the districts; 46
(c) Focusing on the student-centered goals and 47
objectives that are * * * measurable; 48
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(d) Strong emphasis on reducing the retention rates in 49
grades kindergarten, first and second; 50
(e) Targeting subgroups that need additional assistance 51
to meet graduation requirements; and 52
(f) Dropout recovery initiatives that focus on students 53
age seventeen (17) through twenty-one (21), who dropped out of 54
school. 55
(5) (a) The Office of * * * Student Success and Graduation 56
may provide technical assistance * * * to local school districts 57
to increase graduation rates and reduce chronic absenteeism, as 58
defined in Section 37-13-91(n). The Office of * * * Student 59
Success and Graduation shall collaborate with program offices 60
within the * * * State Department of Education to develop 61
and * * * disseminate model policies, templates and data tools 62
for: 63
(i) Early warning identification; 64
(ii) Tiered interventions; and 65
(iii) Family and community engagement strategies 66
aligned to Section 37-13-91(n). 67
(b) The Office of Student Success and Graduation shall, 68
at a minimum: 69
(i) Publish annually updated guidance and model 70
plans; and 71
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(ii) Offer training and technical assistance to 72
schools and local school districts whose chronic absenteeism rate 73
exceeds ten percent (10%) for any grade level or subgroup. 74
(6) Each school district's * * * strategic plan shall 75
address how students will transition to the home school district 76
from the juvenile detention centers. 77
(7) It is the intent of the Legislature that, through the 78
statewide * * * Student Success and Graduation programs 79
implemented by each school district, the graduation rate for 80
cohort classes will be increased to not less than * * * ninety 81
percent (90%) by the * * * 2029-2030 school year. * * * 82
SECTION 2. Section 37-13-81, Mississippi Code of 1972, is 83
amended as follows: 84
37-13-81. There is created the Office of * * * Educational 85
Participation within the Office of * * * Student Success and 86
Graduation of the State Department of Education. The office shall 87
be responsible for the administration of a statewide system of 88
enforcement of the Mississippi Compulsory School Attendance Law, 89
outlined in Section 37-13-91, and for the supervision of * * * 90
student success and graduation coaches throughout the state. 91
SECTION 3. Section 37-13-83, Mississippi Code of 1972, is 92
amended as follows: 93
37-13-83. The State Superintendent of Public Education shall 94
appoint * * * appropriate staff to adequately provide enforcement, 95
who shall meet all qualifications established for * * * student 96
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success and graduation regional coordinators and any additional 97
qualifications that may be established by the State Superintendent 98
of Public Education or State Personnel Board. The * * * staff 99
shall be responsible for the proper administration of the Office 100
of * * * Educational Participation in conformity with the 101
Mississippi Compulsory School Attendance Law and any other 102
regulations or policies that may be adopted by the State Board of 103
Education. The * * * staff shall report directly to the Director 104
of the Office of * * * Student Success and Graduation. 105
SECTION 4. Section 37-13-85, Mississippi Code of 1972, is 106
amended as follows: 107
37-13-85. The Office of * * * Educational Participation 108
shall have the following powers and duties, in addition to all 109
others imposed or granted by law: 110
(a) To establish any policies or guidelines concerning 111
the employment of * * * student success and graduation coaches 112
which serve to effectuate a uniform system of enforcement under 113
the Mississippi Compulsory School Attendance Law throughout the 114
state, and to designate the number of * * * student success and 115
graduation coaches which shall be employed to serve in each school 116
district area; 117
(b) To supervise and assist * * * student success and 118
graduation regional coordinators in the performance of their 119
duties; 120
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(c) To establish minimum standards for enrollment and 121
attendance for the state and each individual school district, and 122
to monitor the success of the state and districts in achieving the 123
required levels of performance; 124
(d) To provide to school districts failing to meet the 125
established standards for enrollment and attendance assistance in 126
reducing absenteeism or the dropout rates in those districts; 127
(e) To establish any qualifications, in addition to 128
those required under Section 37-13-89, for * * * student success 129
and graduation coaches as the office deems necessary to further 130
the purposes of the Mississippi Compulsory School Attendance Law; 131
(f) To develop and implement a system under which 132
school districts are required to maintain accurate records that 133
document enrollment and attendance in such a manner that the 134
records reflect all changes in enrollment and attendance, and to 135
require * * * student success and graduation coaches to submit 136
information concerning public school attendance on a monthly basis 137
to the office; 138
(g) To prepare the form of the certificate of 139
enrollment required under the Mississippi Compulsory School 140
Attendance Law and to furnish a sufficient number of the 141
certificates of enrollment to each * * * student success and 142
graduation coach in the state; 143
(h) To provide to the State Board of Education 144
statistical information concerning absenteeism, dropouts and other 145
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attendance-related problems as requested by the State Board of 146
Education; 147
(i) To provide for the certification of * * * student 148
success and graduation coaches; 149
(j) To provide for a course of training and education 150
for * * * student success and graduation coaches, and to require 151
successful completion of the course as a prerequisite to 152
certification by the office as * * * student success and 153
graduation coaches; 154
(k) To adopt any guidelines or policies the office 155
deems necessary to effectuate an orderly transition from the 156
supervision of * * * student success and graduation coaches by 157
district attorneys to the supervision by the * * * student success 158
and graduation regional coordinators; 159
* * * 160
( * * *l) To adopt policies or guidelines linking the 161
duties of * * * student success and graduation coaches to the 162
appropriate courts, law enforcement agencies and community service 163
providers; and 164
( * * *m) To adopt any other policies or guidelines 165
that the office deems necessary for the enforcement of the 166
Mississippi Compulsory School Attendance Law; however, the 167
policies or guidelines shall not add to or contradict with the 168
requirements of Section 37-13-91. 169
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SECTION 5. Section 37-13-87, Mississippi Code of 1972, is 170
amended as follows: 171
37-13-87. (1) The * * * appropriate staff member of the 172
Office of * * * Educational Participation shall employ three 173
(3) * * * student success and graduation regional coordinators, 174
each to maintain an office within a different Supreme Court 175
district. Each * * * regional coordinator shall be responsible 176
for the enforcement of the Mississippi Compulsory School 177
Attendance Law within his or her district and shall exercise 178
direct supervision over the * * * student success and graduation 179
coaches in the district. The * * * regional coordinators, who 180
shall report to the director of the office, shall assist the * * * 181
student success and graduation coaches in the performance of their 182
duties as established by law or otherwise. 183
(2) No person having less than eight (8) years combined 184
actual experience as a * * * student success and graduation coach, 185
school teacher, school administrator, law enforcement officer 186
possessing a college degree with a major in a behavioral science 187
or a related field, and/or social worker in the state shall be 188
employed as a * * * student success and graduation regional 189
coordinator. Further, a * * * student success and graduation 190
regional coordinator shall possess a college degree with a major 191
in a behavioral science or a related field or shall have actual 192
experience as a school teacher, school administrator, law 193
enforcement officer possessing such degree or social worker; 194
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however, these requirements shall not apply to persons employed 195
as * * * student success and graduation coaches before January 1, 196
1987. * * * Effective July 1, 2026, student success and 197
graduation coaches shall meet any additional qualifications 198
established by the State Personnel Board for * * * student success 199
and graduation coaches or * * * student success and graduation 200
regional coordinators. The * * * student success and graduation 201
regional coordinators shall receive an annual salary to be set by 202
the State Superintendent of Public Education, subject to the 203
approval of the State Personnel Board. 204
(3) To establish clear compliance within schools and school 205
districts, the State Department of Education may employ up to ten 206
(10) attendance compliance officers to assist with proper data 207
implementation, collection and training of appropriate district 208
and school level staff members. These individuals shall have 209
monitoring duties as assigned by the State Department of 210
Education. 211
SECTION 6. Section 37-13-89, Mississippi Code of 1972, is 212
amended as follows: 213
37-13-89. (1) In each school district within the state, 214
there shall be employed the number of * * * student success and 215
graduation coaches determined by the Office of * * * Educational 216
Participation * * * necessary to adequately enforce the provisions 217
of the Mississippi Compulsory School Attendance Law; however, this 218
number shall not exceed * * * one hundred eighty (180) student 219
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success and graduation coaches at any time. In any school 220
districts where charter schools operate, the home school 221
district's student success and graduation coach shall also enforce 222
the provisions of the Mississippi Compulsory School Attendance Law 223
for those charter schools. From and after July 1, 1998, all * * * 224
student success and graduation coaches employed pursuant to this 225
section shall be employees of the State Department of Education. 226
* * * The first twelve (12) months of employment for each * * * 227
student success and graduation coach shall be the probationary 228
period of state service. 229
(2) (a) The State Department of Education shall obtain 230
current criminal records background checks and current child abuse 231
registry checks on all persons applying for the position of * * * 232
student success and graduation coach. The criminal records 233
information and registry checks must be kept on file for any new 234
hires. In order to determine an applicant's suitability for 235
employment as a * * * student success and graduation coach, the 236
applicant must be fingerprinted. If no disqualifying record is 237
identified at the state level, the Department of Public Safety 238
shall forward the fingerprints to the Federal Bureau of 239
Investigation (FBI) for a national criminal history record check. 240
* * * Under no circumstances may a member of the State Board of 241
Education, employee of the State Department of Education or any 242
person other than the subject of the criminal records background 243
check disseminate information received through any such checks 244
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except insofar as required to fulfill the purposes of this 245
subsection. 246
(b) If the fingerprinting or criminal records check 247
discloses a felony conviction, guilty plea or plea of nolo 248
contendere to a felony of possession or sale of drugs, murder, 249
manslaughter, armed robbery, rape, sexual battery, sex offense 250
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 251
burglary, gratification of lust or aggravated assault which has 252
not been reversed on appeal or for which a pardon has not been 253
granted, the applicant is not eligible to be employed as a * * * 254
student success and graduation coach. Any employment of an 255
applicant pending the results of the fingerprinting and criminal 256
records check is voidable if the new hire receives a disqualifying 257
criminal records check. However, the State Board of Education, in 258
its discretion, may allow an applicant aggrieved by an employment 259
decision under this subsection to appear before the board, or 260
before a hearing officer designated for that purpose, to show 261
mitigating circumstances that may exist and allow the new hire to 262
be employed as a * * * student success and graduation coach. The 263
State Board of Education may grant waivers for mitigating 264
circumstances, which may include, but are not necessarily limited 265
to: (i) age at which the crime was committed; (ii) circumstances 266
surrounding the crime; (iii) length of time since the conviction 267
and criminal history since the conviction; (iv) work history; (v) 268
current employment and character references; and (vi) other 269
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evidence demonstrating the ability of the person to perform the 270
responsibilities of a * * * student success and graduation coach 271
competently and that the person does not pose a threat to the 272
health or safety of children. 273
(c) A member of the State Board of Education or 274
employee of the State Department of Education may not be held 275
liable in any employment discrimination suit in which an 276
allegation of discrimination is made regarding an employment 277
decision authorized under this section. 278
(3) (a) Each * * * student success and graduation coach 279
shall possess * * * at least one (1) of the following: 280
(i) An education pathway, which consists of the 281
following: 282
1. A bachelor's degree with a major in 283
behavioral science or related field, including, but not limited 284
to, social work, education, criminal justice, psychology or 285
sociology; or 286
2. An associate's degree with a major in 287
behavioral science or related field, plus two (2) years of 288
full-time experience in education, social work, counseling, law 289
enforcement or a comparable field involving direct services to 290
children and families; or 291
(ii) An experience pathway, which requires no less 292
than three (3) years of combined experience in a related role 293
involving student support and engagement. 294
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(b) All student success and graduation coaches shall 295
also satisfy any additional requirements that may be established 296
by the State Department of Education for the position of student 297
success and graduation coach. 298
(4) It shall be the duty of each * * * student success and 299
graduation coach to: 300
(a) Cooperate with any public agency to locate and 301
identify all compulsory-school-age children who are not attending 302
school; 303
(b) Cooperate with all courts of competent 304
jurisdiction; 305
(c) Investigate all cases of nonattendance and unlawful 306
absences by compulsory-school-age children not enrolled in a 307
nonpublic school; 308
(d) Provide appropriate counseling to encourage all 309
school-age children to attend school until they have completed 310
high school; 311
(e) Attempt to secure the provision of social or 312
welfare services that may be required to enable any child to 313
attend school; 314
(f) Contact the home or place of residence of a 315
compulsory-school-age child and any other place in which the 316
officer is likely to find any compulsory-school-age child when the 317
child is absent from school during school hours without a valid 318
written excuse from school officials, and when the child is found, 319
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the officer shall notify the parents and school officials as to 320
where the child was physically located. If a home visit is 321
necessary, the school district may send a member of the 322
administrative staff or local law enforcement agency to accompany 323
the student success and graduation coach to the residence of the 324
absent child; 325
(g) Contact promptly the home of each 326
compulsory-school-age child in the school district within 327
the * * * student success and graduation coach's jurisdiction who 328
is not enrolled in school or is not in attendance at public school 329
and is without a valid written excuse from school officials; if no 330
valid reason is found for the nonenrollment or absence from the 331
school, the * * * student success and graduation coach shall give 332
written notice to the parent, guardian or custodian of the 333
requirement for the child's enrollment or attendance; 334
(h) Collect and maintain information concerning 335
absenteeism, dropouts and other attendance-related problems, as 336
may be required by law or the Office of * * * Educational 337
Participation; and 338
(i) Perform all other duties relating to compulsory 339
school attendance established by the State Department of Education 340
or the local school district * * * staff responsible for 341
attendance * * *, or both. 342
(5) While engaged in the performance of his or her duties, 343
each * * * student success and graduation coach shall carry on his 344
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or her person a badge identifying him or her as a * * * student 345
success and graduation coach under the Office of * * * Educational 346
Participation of the State Department of Education and an 347
identification card designed by the State Superintendent of Public 348
Education and issued by the * * * student success and graduation 349
regional coordinator. Neither the badge nor the identification 350
card shall bear the name of any elected public official. 351
(6) In collaboration with the State Department of Education, 352
the State Personnel Board shall develop a salary scale for * * * 353
student success and graduation coaches as part of the variable 354
compensation plan. The various pay ranges of the salary scale 355
shall be based upon factors including, but not limited to, 356
education, professional certification and licensure, and number of 357
years of experience. * * * Student success and graduation coaches 358
shall be paid in accordance with this salary scale. The minimum 359
salaries under the scale shall be no less than the following: 360
* * * 361
2026-2027 AND SUBSEQUENT SCHOOL YEARS MINIMUM SALARY SCHEDULE 362
Exp. Salary 363
0 $32,000.00 364
1 $32,592.40 365
2 $33,237.54 366
3 $33,870.84 367
4 $34,514.02 368
5 $35,718.87 369
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6 $36,388.25 370
7 $37,068.01 371
8 $37,758.28 372
9 $38,459.21 373
10 $39,753.42 374
11 $40,482.50 375
12 $41,222.77 376
13 $41,974.39 377
14 $42,737.51 378
15 $44,127.33 379
16 $45,491.91 380
17 $45,726.11 381
18 $46,543.79 382
19 $47,373.88 383
20 $48,865.93 384
21 $49,728.47 385
22 $50,604.03 386
23 $51,492.79 387
24 $52,394.93 388
25 $55,110.54 389
26 $56,059.69 390
27 $57,023.02 391
28 $58,000.71 392
29 $58,992.97 393
30 $60,000.00 394
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(7) (a) Each * * * student success and graduation coach 395
employed by a district attorney on June 30, 1998, who became an 396
employee of the State Department of Education on July 1, 1998, 397
shall be awarded credit for personal leave and major medical leave 398
for his or her continuous service as a * * * student success and 399
graduation coach under the district attorney, and if applicable, 400
the youth or family court or a state agency. The credit for 401
personal leave shall be in an amount equal to one-third (1/3) of 402
the maximum personal leave the * * * student success and 403
graduation coach could have accumulated had he or she been 404
credited with such leave under Section 25-3-93 during his or her 405
employment with the district attorney, and if applicable, the 406
youth or family court or a state agency. The credit for major 407
medical leave shall be in an amount equal to one-half (1/2) of the 408
maximum major medical leave the * * * student success and 409
graduation coach could have accumulated had he or she been 410
credited with such leave under Section 25-3-95 during his or her 411
employment with the district attorney, and if applicable, the 412
youth or family court or a state agency. However, if a district 413
attorney who employed a * * * student success and graduation coach 414
on June 30, 1998, certifies, in writing, to the State Department 415
of Education that the * * * student success and graduation coach 416
had accumulated, pursuant to a personal leave policy or major 417
medical leave policy lawfully adopted by the district attorney, a 418
number of days of unused personal leave or major medical leave, or 419
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both, which is greater than the number of days to which the * * * 420
student success and graduation coach is entitled under this 421
paragraph, the State Department of Education shall authorize 422
the * * * student success and graduation coach to retain the 423
actual unused personal leave or major medical leave, or both, 424
certified by the district attorney, subject to the maximum amount 425
of personal leave and major medical leave the * * * student 426
success and graduation coach could have accumulated had he been 427
credited with such leave under Sections 25-3-93 and 25-3-95. 428
(b) For the purpose of determining the accrual rate for 429
personal leave under Section 25-3-93 and major medical leave under 430
Section 25-3-95, the State Department of Education shall give 431
consideration to all continuous service rendered by a * * * 432
student success and graduation coach before July 1, 1998, in 433
addition to the service rendered by the * * * student success and 434
graduation coach as an employee of the department. 435
(c) In order for a * * *student success and graduation 436
coach to be awarded credit for personal leave and major medical 437
leave or to retain the actual unused personal leave and major 438
medical leave accumulated by him or her before July 1, 1998, the 439
district attorney who employed the * * * student success and 440
graduation coach must certify, in writing, to the State Department 441
of Education the hire date of the * * * student success and 442
graduation coach. For each * * * student success and graduation 443
coach employed by the youth or family court or a state agency 444
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before being designated an employee of the district attorney who 445
has not had a break in continuous service, the hire date shall be 446
the date that the * * * student success and graduation coach was 447
hired by the youth or family court or state agency. The 448
department shall prescribe the date by which the certification 449
must be received by the department and shall provide written 450
notice to all district attorneys of the certification requirement 451
and the date by which the certification must be received. 452
(8) (a) * * * Student success and graduation coaches shall 453
maintain regular office hours on a year-round basis; however, 454
during the school term, on those days that teachers in all of the 455
school districts served by a * * * student success and graduation 456
coach are not required to report to work, the * * * student 457
success and graduation coach also shall not be required to report 458
to work. (For purposes of this subsection, a school district's 459
school term is that period of time identified as the school term 460
in contracts entered into by the district with licensed 461
personnel.) A * * * student success and graduation coach shall be 462
required to report to work on any day recognized as an official 463
state holiday if teachers in any school district served by 464
that * * * student success and graduation coach are required to 465
report to work on that day, regardless of the school attendance 466
officer's status as an employee of the State Department of 467
Education, and compensatory leave may not be awarded to the * * * 468
student success and graduation coach for working during that day. 469
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However, a * * * student success and graduation coach may be 470
allowed by the school attendance officer's supervisor to use 471
earned leave on such days. 472
(b) The State Department of Education annually shall 473
designate a period of * * * four (4) consecutive weeks * * * 474
during the summer between school years during which * * * student 475
success and graduation coaches shall fall wholly within the window 476
beginning on the Monday of the second full week of June and ending 477
on the Sunday of the third full week of July (the summer 478
nonreporting period), during which student success and graduation 479
coaches shall not be required to report to work. A * * * student 480
success and graduation coach who elects to work * * * during * * * 481
the summer nonreporting period * * * shall not be awarded 482
compensatory leave for such work and may not * * * elect to be 483
absent from work at any time * * * outside the summer nonreporting 484
period except by use of accrued personal leave or major medical 485
leave accrued under Sections 25-3-93 or 25-3-95 * * *. 486
(9) The State Department of Education shall provide all 487
continuing education and training courses that * * * student 488
success and graduation coaches are required to complete under 489
state law or rules and regulations of the department. 490
SECTION 7. Section 37-13-91, Mississippi Code of 1972, is 491
amended as follows: 492
37-13-91. (1) This section shall be referred to as the 493
"Mississippi Compulsory School Attendance Law." 494
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(2) The following terms as used in this section are defined 495
as follows: 496
(a) "Parent" means the father or mother to whom a child 497
has been born, or the father or mother by whom a child has been 498
legally adopted. 499
(b) "Guardian" means a guardian of the person of a 500
child, other than a parent, who is legally appointed by a court of 501
competent jurisdiction. 502
(c) "Custodian" means any person having the present 503
care or custody of a child, other than a parent or guardian of the 504
child. 505
(d) "School day" means * * * the portion of a day 506
during which schools are in session as set by the local school 507
board and consistent with State Board of Education accreditation 508
requirements. For purposes of compulsory school attendance and 509
chronic absenteeism, a pupil shall be considered in full-day 510
attendance if present for at least sixty-six percent (66%) of the 511
day, as defined by the State Board of Education. 512
(e) "School" means any public school, including a 513
charter school, in this state or any nonpublic school in this 514
state which is in session each school year for at least one 515
hundred eighty (180) school days, except that the "nonpublic" 516
school term shall be the number of days that each school shall 517
require for promotion from grade to grade. 518
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(f) "Compulsory-school-age child" means a child who has 519
attained or will attain the age of six (6) years on or before 520
September 1 of the calendar year and who has not attained the age 521
of seventeen (17) years on or before September 1 of the calendar 522
year; and shall include any child who has attained or will attain 523
the age of five (5) years on or before September 1 and has 524
enrolled in a full-day public school kindergarten program. 525
(g) "School attendance officer" means a person employed 526
by the State Department of Education pursuant to Section 37-13-89. 527
(h) "Appropriate school official" means the 528
superintendent of the school district, or his or her designee, or, 529
in the case of a nonpublic school, the principal or the 530
headmaster. 531
(i) "Nonpublic school" means an institution for the 532
teaching of children, consisting of a physical plant, whether 533
owned or leased, including a home, instructional staff members and 534
students, and which is in session each school year. This 535
definition shall include, but not be limited to, private, church, 536
parochial and home instruction programs. 537
(3) A parent, guardian or custodian of a 538
compulsory-school-age child in this state shall cause the child to 539
enroll in and attend a public school or legitimate nonpublic 540
school for the period of time that the child is of compulsory 541
school age, except under the following circumstances: 542
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(a) When a compulsory-school-age child is physically, 543
mentally or emotionally incapable of attending school as 544
determined by the appropriate school official based upon 545
sufficient medical documentation. 546
(b) When a compulsory-school-age child is enrolled in 547
and pursuing a course of special education, remedial education or 548
education for children with physical or mental disadvantages or 549
disabilities. 550
(c) When a compulsory-school-age child is being 551
educated in a legitimate home instruction program. 552
The parent, guardian or custodian of a compulsory-school-age 553
child described in this subsection * * * shall complete a 554
"certification of enrollment" to facilitate the administration of 555
this section. The appropriate school official for any or all 556
children attending a charter school or nonpublic school shall 557
complete a "certificate of enrollment" * * * to facilitate the 558
administration of this section. 559
The form of the certificate of enrollment shall be prepared 560
by the Office of * * * Educational Participation of the State 561
Department of Education and shall be designed to obtain the 562
following information only: 563
(i) The name, address, telephone number and date 564
of birth of the compulsory-school-age child; 565
(ii) The name, address and telephone number of the 566
parent, guardian or custodian of the compulsory-school-age child; 567
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(iii) The local public school district where the 568
compulsory-school-age child resides; 569
( * * *iv) A simple description of the type of 570
education the compulsory-school-age child is receiving and, if the 571
child is enrolled in a nonpublic school, the name and address of 572
the school; and 573
( * * *v) The signature of the parent, guardian or 574
custodian of the compulsory-school-age child or, for any or all 575
compulsory-school-age child or children attending a charter school 576
or nonpublic school, the signature of the appropriate school 577
official and the date signed. 578
The certificate of enrollment shall be returned to the * * * 579
student success and graduation coach where the child resides on or 580
before * * * August 15 of each year. Any parent, guardian or 581
custodian found by the * * * student success and graduation coach 582
to be in noncompliance with this section shall comply, after 583
written notice of the noncompliance by the * * * student success 584
and graduation coach, with this subsection within ten (10) days 585
after the notice or be in violation of this section. However, in 586
the event the child has been enrolled in a public school within 587
fifteen (15) calendar days after the first day of the school year 588
as required in subsection (6), the parent or custodian may, at a 589
later date, enroll the child in a legitimate nonpublic school or 590
legitimate home instruction program and send the certificate of 591
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enrollment to the * * * student success and graduation coach and 592
be in compliance with this subsection. 593
For the purposes of this subsection, a legitimate nonpublic 594
school or legitimate home instruction program shall be those not 595
operated or instituted for the purpose of avoiding or 596
circumventing the compulsory attendance law. 597
(4) An "unlawful absence" is an absence for an entire school 598
day or during part of a school day by a compulsory-school-age 599
child, which absence is not due to a valid excuse for temporary 600
nonattendance. For purposes of reporting absenteeism under 601
subsection (6) of this section, if a compulsory-school-age child 602
has an absence that is more than * * * thirty-three percent (33%) 603
of the instructional day, as fixed by the school board for the 604
school at which the compulsory-school-age child is enrolled, the 605
child must be considered absent the entire school day. Days 606
missed from school due to disciplinary suspension shall not be 607
considered an "excused" absence under this section. This 608
subsection shall not apply to children enrolled in a nonpublic 609
school. 610
Each of the following shall constitute a valid excuse for 611
temporary nonattendance of a compulsory-school-age child enrolled 612
in a noncharter public school, provided satisfactory evidence of 613
the excuse is provided to the superintendent of the school 614
district, or his or her designee: 615
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(a) An absence is excused when the absence results from 616
the compulsory-school-age child's attendance at an authorized 617
school activity with the prior approval of the superintendent of 618
the school district, or his or her designee. These activities may 619
include field trips, athletic contests, student conventions, 620
musical festivals and any similar activity. 621
(b) An absence is excused when the absence results from 622
illness or injury which prevents the compulsory-school-age child 623
from being physically able to attend school. However, after three 624
(3) written notes per semester, medical documentation is required 625
to be considered an excused absence. 626
(c) An absence is excused when isolation of a 627
compulsory-school-age child is ordered by the county health 628
officer, by the State Board of Health or appropriate school 629
official. 630
(d) An absence is excused when it results from the 631
death or serious illness of a member of the immediate family of a 632
compulsory-school-age child. The immediate family members of a 633
compulsory-school-age child shall include children, spouse, 634
grandparents, parents, brothers and sisters, including 635
stepbrothers and stepsisters. 636
(e) An absence is excused when it results from a 637
medical or dental appointment of a compulsory-school-age child 638
with a documented excuse from the medical provider. 639
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(f) An absence is excused when it results from the 640
attendance of a compulsory-school-age child at the proceedings of 641
a court or an administrative tribunal if the child is a party to 642
the action or under subpoena as a witness. 643
(g) An absence may be excused if the religion to which 644
the compulsory-school-age child or the child's parents adheres, 645
requires or suggests the observance of a religious event. The 646
approval of the absence is within the discretion of the 647
superintendent of the school district, or his or her designee, but 648
approval should be granted unless the religion's observance is of 649
such duration as to interfere with the education of the child. 650
(h) An absence may be excused when it is demonstrated 651
to the satisfaction of the superintendent of the school district, 652
or his or her designee, that the purpose of the absence is to take 653
advantage of a valid educational opportunity such as travel, 654
including vacations or other family travel. Approval of the 655
absence must be gained from the superintendent of the school 656
district, or his or her designee, before the absence * * *. 657
(i) An absence may be excused when it is demonstrated 658
to the satisfaction of the superintendent of the school district, 659
or his or her designee, that conditions are sufficient to warrant 660
the compulsory-school-age child's nonattendance. However, no 661
absences shall be excused by the school district superintendent, 662
or his or her designee, when any student suspensions or expulsions 663
circumvent the intent and spirit of the compulsory attendance law. 664
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(j) An absence is excused when it results from the 665
attendance of a compulsory-school-age child participating in 666
official organized events sponsored by the 4-H or Future Farmers 667
of America (FFA). The excuse for the 4-H or FFA event must be 668
provided in writing to the appropriate school superintendent by 669
the Extension Agent or High School Agricultural Instructor/FFA 670
Advisor. 671
(k) An absence is excused when it results from the 672
compulsory-school-age child officially being employed to serve as 673
a page at the State Capitol for the Mississippi House of 674
Representatives or Senate. 675
(l) Except as otherwise provided in this section, no 676
compulsory-school-age child shall be granted more than five (5) 677
excused absences per semester under subsections (b) through (j). 678
Any additional excused absences beyond this limit must be 679
specifically approved by the superintendent of the school 680
district, or his or her designee, upon a showing of extenuating 681
circumstances. Extenuating circumstances may include, but are not 682
limited to, prolonged illness or injury supported by medical 683
documentation, extended religious observances or participation in 684
educational opportunities of substantial merit, including 685
out-of-state educational travel. Any absence in excess of this 686
limit, and not approved by the superintendent, shall be considered 687
unexcused for purposes of this chapter. Any absence in excess of 688
the limit set forth in this subsection, and not approved by the 689
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superintendent, shall be considered an unexcused absence for 690
purposes of this chapter. 691
(m) For purposes of this section and in alignment with 692
state and federal accountability requirements, a 693
compulsory-school-age child shall be considered chronically absent 694
if the child is absent from school for ten percent (10%) or more 695
of the instructional days in a school year, regardless of whether 696
such absences are excused or unexcused under paragraphs (a) 697
through (l) of this subsection. Accordingly, each school district 698
shall: 699
(i) Actively monitor chronic absenteeism rates by 700
school, grade level and subgroup of students. Districts shall 701
include chronic absenteeism data in their annual accountability 702
reporting and in their district-and school-level improvement 703
plans; 704
(ii) Develop and implement tiered intervention 705
strategies for students identified as being at risk of chronic 706
absenteeism, which shall include, at a minimum: 707
1. Timely parent or guardian notification 708
when a student has accumulated three (3) or more absences that 709
place the student at risk of chronic absenteeism; 710
2. Opportunities for parent or guardian 711
conferences to identify barriers to regular attendance; 712
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3. Referral to school-or community-based 713
support services as appropriate, including health, counseling, and 714
transportation resources; and 715
4. Assignment of an individualized attendance 716
success plan, which may include mentoring, case management by a 717
school attendance officer, or other evidence-based supports; 718
(iii) Adopt strategies for proactive family 719
engagement to prevent and reduce chronic absenteeism, including, 720
but not limited to: 721
1. Regular communication with families in a 722
language and manner understandable to them about the importance of 723
daily attendance and the consequences of absenteeism; 724
2. Partnering with community organizations, 725
faith-based institutions, or local businesses to support families 726
in overcoming barriers to school attendance; and 727
3. Providing training for school staff on 728
culturally responsive family engagement practices related to 729
attendance; 730
(iv) When a school's chronic absenteeism rate 731
exceeds ten percent (10%) for any subgroup or grade level, the 732
school district shall be required to adopt a written chronic 733
absenteeism reduction plan, which shall be submitted to the local 734
school board and made publicly available on the district website. 735
The plan shall describe specific evidence-based practices the 736
district will employ to reduce chronic absenteeism, the timeline 737
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for implementation, family and community engagement strategies, 738
and the metrics for measuring progress; 739
(v) The State Department of Education shall 740
provide technical assistance to districts in the development and 741
implementation of chronic absenteeism reduction strategies and 742
shall annually publish statewide data on chronic absenteeism by 743
district and school; and 744
(vi) The reporting of chronic absenteeism under 745
this subsection shall not be construed to create a new criminal 746
offense or to redefine "unlawful absence," but shall serve as a 747
primary indicator for prevention, intervention, and accountability 748
under state and federal law. 749
(n) By July 1, 2026, each school district shall, by 750
board action, adopt and implement locally tailored policies that: 751
(i) Set documentation standards for excuses under 752
paragraphs (b) and (e), including acceptable verification, 753
submission timelines, a locally set limit on parent/guardian notes 754
before third-party documentation is required, and protections for 755
student privacy; and 756
(ii) Establish family-engagement protocols aligned 757
to paragraph (n), including timely notice when a student is at 758
risk of chronic absenteeism, a parent/guardian conference and 759
attendance success plan, multi-channel/translated communications, 760
and referral to available local supports. 761
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(o) Policies shall be posted on the district website, 762
reviewed at least every three (3) years, and reported on annually 763
to the local board using disaggregated attendance data. The 764
department may issue nonbinding model policies, and adoption of 765
the model or a substantially aligned policy, constitutes minimum 766
compliance. 767
(p) Nothing in this subsection creates a new criminal 768
offense or redefines "unlawful absence." 769
(5) Any parent, guardian or custodian of a 770
compulsory-school-age child subject to this section who refuses or 771
willfully fails to perform any of the duties imposed upon him or 772
her under this section or who intentionally falsifies any 773
information required to be contained in a certificate of 774
enrollment, shall be guilty of contributing to the neglect of a 775
child and, upon conviction, shall be punished in accordance with 776
Section 97-5-39. 777
Upon prosecution of a parent, guardian or custodian of a 778
compulsory-school-age child for violation of this section, the 779
presentation of evidence by the prosecutor that shows that the 780
child has not been enrolled in school within * * * ten (10) 781
calendar days after the first day of the school year of the public 782
school which the child is eligible to attend, or that the child 783
has accumulated * * * eight (8) unlawful absences during the 784
school year at the public school in which the child has been 785
enrolled, shall establish a prima facie case that the child's 786
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parent, guardian or custodian is responsible for the absences and 787
has refused or willfully failed to perform the duties imposed upon 788
him or her under this section. However, no proceedings under this 789
section shall be brought against a parent, guardian or custodian 790
of a compulsory-school-age child unless the * * * student success 791
and graduation coach has contacted promptly the home of the child 792
and has provided written notice to the parent, guardian or 793
custodian of the requirement for the child's enrollment or 794
attendance. 795
(6) If a compulsory-school-age child has not been enrolled 796
in a school * * * by the close of business on August 15 of the 797
school year of the school which the child is eligible to attend or 798
the child has accumulated five (5) unlawful absences during the 799
school year of the public school in which the child is enrolled, 800
the school district superintendent, or his or her designee, shall 801
report, within two (2) school days * * * to the student success 802
and graduation coach. The State Department of Education shall 803
prescribe a uniform method for schools to utilize in reporting the 804
unlawful absences to the * * * student success and graduation 805
coach. The superintendent, or his or her designee, also shall 806
report any student suspensions or student expulsions to the * * * 807
student success and graduation coach when they occur. 808
(7) When a * * * student success and graduation coach has 809
made all attempts to secure enrollment and/or attendance of a 810
compulsory-school-age child and is unable to effect the enrollment 811
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and/or attendance, the * * * student success and graduation coach 812
may file a petition with the youth court under Section 43-21-451 813
or shall file a petition in a court of competent jurisdiction as 814
it pertains to parent or child. After eight (8) unlawful absences 815
or failure to engage with an attendance plan, the student success 816
and graduation coach shall file a petition in a court of competent 817
jurisdiction as it pertains to parent or child. Sheriffs, deputy 818
sheriffs and municipal law enforcement officers shall be fully 819
authorized to investigate all cases of nonattendance and unlawful 820
absences by compulsory-school-age children, and shall be 821
authorized to file a petition with the youth court under Section 822
43-21-451 or file a petition or information in the court of 823
competent jurisdiction as it pertains to parent or child for 824
violation of this section. The youth court shall expedite a 825
hearing to make an appropriate adjudication and a disposition to 826
ensure compliance with the Compulsory School Attendance Law, and 827
may order the child to enroll or re-enroll in school. The 828
superintendent of the school district to which the child is 829
ordered may assign, in his or her discretion, the child to the 830
alternative school program of the school established pursuant to 831
Section 37-13-92. 832
(8) The State Board of Education shall adopt rules and 833
regulations for the purpose of reprimanding any school 834
superintendents who fail to timely report unexcused absences under 835
the provisions of this section. 836
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(9) Notwithstanding any provision or implication herein to 837
the contrary, it is not the intention of this section to impair 838
the primary right and the obligation of the parent or parents, or 839
person or persons in loco parentis to a child, to choose the 840
proper education and training for such child, and nothing in this 841
section shall ever be construed to grant, by implication or 842
otherwise, to the State of Mississippi, any of its officers, 843
agencies or subdivisions any right or authority to control, 844
manage, supervise or make any suggestion as to the control, 845
management or supervision of any private or parochial school or 846
institution for the education or training of children, of any kind 847
whatsoever that is not a public school according to the laws of 848
this state; and this section shall never be construed so as to 849
grant, by implication or otherwise, any right or authority to any 850
state agency or other entity to control, manage, supervise, 851
provide for or affect the operation, management, program, 852
curriculum, admissions policy or discipline of any such school or 853
home instruction program. 854
SECTION 8. Section 37-13-92, Mississippi Code of 1972, is 855
brought forward as follows: 856
37-13-92. (1) Beginning with the school year 2004-2005, the 857
school boards of all school districts shall establish, maintain 858
and operate, in connection with the regular programs of the school 859
district, an alternative school program or behavior modification 860
program as defined by the State Board of Education for, but not 861
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limited to, the following categories of compulsory-school-age 862
students: 863
(a) Any compulsory-school-age child who has been 864
suspended for more than ten (10) days or expelled from school, 865
except for any student expelled for possession of a weapon or 866
other felonious conduct; 867
(b) Any compulsory-school-age child referred to such 868
alternative school based upon a documented need for placement in 869
the alternative school program by the parent, legal guardian or 870
custodian of such child due to disciplinary problems; 871
(c) Any compulsory-school-age child referred to such 872
alternative school program by the dispositive order of a 873
chancellor or youth court judge, with the consent of the 874
superintendent of the child's school district; 875
(d) Any compulsory-school-age child whose presence in 876
the classroom, in the determination of the school superintendent 877
or principal, is a disruption to the educational environment of 878
the school or a detriment to the interest and welfare of the 879
students and teachers of such class as a whole; and 880
(e) No school district is required to place a child 881
returning from out-of-home placement in the mental health, 882
juvenile justice or foster care system in alternative school. 883
Placement of a child in the alternative school shall be done 884
consistently, and for students identified under the Individuals 885
with Disabilities Education Act (IDEA), shall adhere to the 886
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requirements of the Individuals with Disabilities Education 887
Improvement Act of 2004. If a school district chooses to place a 888
child in alternative school the district will make an individual 889
assessment and evaluation of that child in the following time 890
periods: 891
(i) Five (5) days for a child transitioning from a 892
group home, mental health care system, and/or the custody of the 893
Department of Human Services, Division of Youth and Family 894
Services; 895
(ii) Ten (10) days for a child transitioning from 896
a dispositional placement order by a youth court pursuant to 897
Section 43-21-605; and 898
(iii) An individualized assessment for youth 899
transitioning from out-of-home placement to the alternative school 900
shall include: 901
1. A strength needs assessment. 902
2. A determination of the child's academic 903
strengths and deficiencies. 904
3. A proposed plan for transitioning the 905
child to a regular education placement at the earliest possible 906
date. 907
(2) The principal or program administrator of any such 908
alternative school program shall require verification from the 909
appropriate guidance counselor of any such child referred to the 910
alternative school program regarding the suitability of such child 911
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for attendance at the alternative school program. Before a 912
student may be removed to an alternative school education program, 913
the superintendent of the student's school district must determine 914
that the written and distributed disciplinary policy of the local 915
district is being followed. The policy shall include standards 916
for: 917
(a) The removal of a student to an alternative 918
education program that will include a process of educational 919
review to develop the student's individual instruction plan and 920
the evaluation at regular intervals of the student's educational 921
progress; the process shall include classroom teachers and/or 922
other appropriate professional personnel, as defined in the 923
district policy, to ensure a continuing educational program for 924
the removed student; 925
(b) The duration of alternative placement; and 926
(c) The notification of parents or guardians, and their 927
appropriate inclusion in the removal and evaluation process, as 928
defined in the district policy. Nothing in this paragraph should 929
be defined in a manner to circumvent the principal's or the 930
superintendent's authority to remove a student to alternative 931
education. 932
(3) The local school board or the superintendent shall 933
provide for the continuing education of a student who has been 934
removed to an alternative school program. 935
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(4) A school district, in its discretion, may provide a 936
program of High School Equivalency Diploma preparatory instruction 937
in the alternative school program. However, any High School 938
Equivalency Diploma preparation program offered in an alternative 939
school program must be administered in compliance with the rules 940
and regulations established for such programs under Sections 941
37-35-1 through 37-35-11 and by the Mississippi Community College 942
Board. The school district may administer the High School 943
Equivalency Diploma Testing Program under the policies and 944
guidelines of the Testing Service of the American Council on 945
Education in the alternative school program or may authorize the 946
test to be administered through the community/junior college 947
district in which the alternative school is situated. 948
(5) Any such alternative school program operated under the 949
authority of this section shall meet all appropriate accreditation 950
requirements of the State Department of Education. 951
(6) The alternative school program may be held within such 952
school district or may be operated by two (2) or more adjacent 953
school districts, pursuant to a contract approved by the State 954
Board of Education. When two (2) or more school districts 955
contract to operate an alternative school program, the school 956
board of a district designated to be the lead district shall serve 957
as the governing board of the alternative school program. 958
Transportation for students attending the alternative school 959
program shall be the responsibility of the local school district. 960
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The expense of establishing, maintaining and operating such 961
alternative school program may be paid from funds contributed or 962
otherwise made available to the school district for such purpose 963
or from local district maintenance funds. 964
(7) The State Board of Education shall promulgate minimum 965
guidelines for alternative school programs. The guidelines shall 966
require, at a minimum, the formulation of an individual 967
instruction plan for each student referred to the alternative 968
school program and, upon a determination that it is in a student's 969
best interest for that student to receive High School Equivalency 970
Diploma preparatory instruction, that the local school board 971
assign the student to a High School Equivalency Diploma 972
preparatory program established under subsection (4) of this 973
section. The minimum guidelines for alternative school programs 974
shall also require the following components: 975
(a) Clear guidelines and procedures for placement of 976
students into alternative education programs which at a minimum 977
shall prescribe due process procedures for disciplinary and High 978
School Equivalency Diploma placement; 979
(b) Clear and consistent goals for students and 980
parents; 981
(c) Curricula addressing cultural and learning style 982
differences; 983
(d) Direct supervision of all activities on a closed 984
campus; 985
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(e) Attendance requirements that allow for educational 986
and workforce development opportunities; 987
(f) Selection of program from options provided by the 988
local school district, Division of Youth Services or the youth 989
court, including transfer to a community-based alternative school; 990
(g) Continual monitoring and evaluation and formalized 991
passage from one (1) step or program to another; 992
(h) A motivated and culturally diverse staff; 993
(i) Counseling for parents and students; 994
(j) Administrative and community support for the 995
program; and 996
(k) Clear procedures for annual alternative school 997
program review and evaluation. 998
(8) On request of a school district, the State Department of 999
Education shall provide the district informational material on 1000
developing an alternative school program that takes into 1001
consideration size, wealth and existing facilities in determining 1002
a program best suited to a district. 1003
(9) Any compulsory-school-age child who becomes involved in 1004
any criminal or violent behavior shall be removed from such 1005
alternative school program and, if probable cause exists, a case 1006
shall be referred to the youth court. 1007
(10) The State Board of Education shall promulgate 1008
guidelines for alternative school programs which provide broad 1009
authority to school boards of local school districts to establish 1010
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alternative education programs to meet the specific needs of the 1011
school district. 1012
(11) Each school district having an alternative school 1013
program shall submit a report by July 31 of each calendar year to 1014
the State Department of Education describing the results of its 1015
annual alternative school program review and evaluation undertaken 1016
pursuant to subsection (7)(k). The report shall include a 1017
detailed account of any actions taken by the school district 1018
during the previous year to comply with substantive guidelines 1019
promulgated by the State Board of Education under subsection 1020
(7)(a) through (j). In the report to be implemented under this 1021
section, the State Department of Education shall prescribe the 1022
appropriate measures on school districts that fail to file the 1023
annual report. The report should be made available online via the 1024
department's website to ensure transparency, accountability and 1025
efficiency. 1026
SECTION 9. Section 37-13-107, Mississippi Code of 1972, is 1027
amended as follows: 1028
37-13-107. (1) Every * * * student success and graduation 1029
coach shall be required annually to attend and complete a 1030
comprehensive course of training and education which is provided 1031
or approved by the Office of * * * Educational Participation of 1032
the State Department of Education. Attendance shall be required 1033
beginning with the first training seminar conducted after 1034
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PAGE 43 (DJ\KW)
ST: School attendance officers; revise title,
salary and responsibilities of related to
dropout prevention.
the * * * student success and graduation coach is employed as 1035
a * * * student success and graduation coach. 1036
(2) The Office of * * * Educational Participation shall 1037
provide or approve a course of training and education for * * * 1038
student success and graduation coaches of the state. The course 1039
shall consist of at least twelve (12) hours of training per year. 1040
The content of the course of training and when and where it is to 1041
be conducted shall be approved by the office. A certificate of 1042
completion shall be furnished by the State Department of Education 1043
to those * * * student success and graduation coaches who complete 1044
the course. Each certificate shall be made a permanent record of 1045
the * * * student success and graduation regional coordinator's 1046
office where the * * * student success and graduation coach is 1047
employed. 1048
(3) Upon the failure of any person employed as a * * * 1049
student success and graduation coach to receive the certificate of 1050
completion from the State Department of Education within the first 1051
year of his or her employment, the person shall not be allowed to 1052
carry out any of the duties of * * * student success and 1053
graduation coach and shall not be entitled to compensation for the 1054
period of time during which the certificate has not been obtained. 1055
SECTION 10. This act shall take effect and be in force from 1056
and after July 1, 2026. 1057