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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Hood
HOUSE BILL NO. 1222
AN ACT TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE FOR EXCUSED ABSENCES FOR COMPULSORY-SCHOOL-AGE CHILDREN 2
FOR PARTICIPATING IN ROPING AND BARREL HORSE RACING EVENTS; AND 3
FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 37-13-91, Mississippi Code of 1972, is 6
amended as follows: 7
37-13-91. (1) This section shall be referred to as the 8
"Mississippi Compulsory School Attendance Law." 9
(2) The following terms as used in this section are defined 10
as follows: 11
(a) "Parent" means the father or mother to whom a child 12
has been born, or the father or mother by whom a child has been 13
legally adopted. 14
(b) "Guardian" means a guardian of the person of a 15
child, other than a parent, who is legally appointed by a court of 16
competent jurisdiction. 17
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(c) "Custodian" means any person having the present 18
care or custody of a child, other than a parent or guardian of the 19
child. 20
(d) "School day" means not less than five and one-half 21
(5-1/2) and not more than eight (8) hours of actual teaching in 22
which both teachers and pupils are in regular attendance for 23
scheduled schoolwork. 24
(e) "School" means any public school, including a 25
charter school, in this state or any nonpublic school in this 26
state which is in session each school year for at least one 27
hundred eighty (180) school days, except that the "nonpublic" 28
school term shall be the number of days that each school shall 29
require for promotion from grade to grade. 30
(f) "Compulsory-school-age child" means a child who has 31
attained or will attain the age of six (6) years on or before 32
September 1 of the calendar year and who has not attained the age 33
of seventeen (17) years on or before September 1 of the calendar 34
year; and shall include any child who has attained or will attain 35
the age of five (5) years on or before September 1 and has 36
enrolled in a full-day public school kindergarten program. 37
(g) "School attendance officer" means a person employed 38
by the State Department of Education pursuant to Section 37-13-89. 39
(h) "Appropriate school official" means the 40
superintendent of the school district, or his designee, or, in the 41
case of a nonpublic school, the principal or the headmaster. 42
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(i) "Nonpublic school" means an institution for the 43
teaching of children, consisting of a physical plant, whether 44
owned or leased, including a home, instructional staff members and 45
students, and which is in session each school year. This 46
definition shall include, but not be limited to, private, church, 47
parochial and home instruction programs. 48
(3) A parent, guardian or custodian of a 49
compulsory-school-age child in this state shall cause the child to 50
enroll in and attend a public school or legitimate nonpublic 51
school for the period of time that the child is of compulsory 52
school age, except under the following circumstances: 53
(a) When a compulsory-school-age child is physically, 54
mentally or emotionally incapable of attending school as 55
determined by the appropriate school official based upon 56
sufficient medical documentation. 57
(b) When a compulsory-school-age child is enrolled in 58
and pursuing a course of special education, remedial education or 59
education for children with physical or mental disadvantages or 60
disabilities. 61
(c) When a compulsory-school-age child is being 62
educated in a legitimate home instruction program. 63
The parent, guardian or custodian of a compulsory-school-age 64
child described in this subsection, or the parent, guardian or 65
custodian of a compulsory-school-age child attending any charter 66
school or nonpublic school, or the appropriate school official for 67
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any or all children attending a charter school or nonpublic school 68
shall complete a "certificate of enrollment" in order to 69
facilitate the administration of this section. 70
The form of the certificate of enrollment shall be prepared 71
by the Office of Compulsory School Attendance Enforcement of the 72
State Department of Education and shall be designed to obtain the 73
following information only: 74
(i) The name, address, telephone number and date 75
of birth of the compulsory-school-age child; 76
(ii) The name, address and telephone number of the 77
parent, guardian or custodian of the compulsory-school-age child; 78
(iii) A simple description of the type of 79
education the compulsory-school-age child is receiving and, if the 80
child is enrolled in a nonpublic school, the name and address of 81
the school; and 82
(iv) The signature of the parent, guardian or 83
custodian of the compulsory-school-age child or, for any or all 84
compulsory-school-age child or children attending a charter school 85
or nonpublic school, the signature of the appropriate school 86
official and the date signed. 87
The certificate of enrollment shall be returned to the school 88
attendance officer where the child resides on or before September 89
15 of each year. Any parent, guardian or custodian found by the 90
school attendance officer to be in noncompliance with this section 91
shall comply, after written notice of the noncompliance by the 92
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school attendance officer, with this subsection within ten (10) 93
days after the notice or be in violation of this section. 94
However, in the event the child has been enrolled in a public 95
school within fifteen (15) calendar days after the first day of 96
the school year as required in subsection (6), the parent or 97
custodian may, at a later date, enroll the child in a legitimate 98
nonpublic school or legitimate home instruction program and send 99
the certificate of enrollment to the school attendance officer and 100
be in compliance with this subsection. 101
For the purposes of this subsection, a legitimate nonpublic 102
school or legitimate home instruction program shall be those not 103
operated or instituted for the purpose of avoiding or 104
circumventing the compulsory attendance law. 105
(4) An "unlawful absence" is an absence for an entire school 106
day or during part of a school day by a compulsory-school-age 107
child, which absence is not due to a valid excuse for temporary 108
nonattendance. For purposes of reporting absenteeism under 109
subsection (6) of this section, if a compulsory-school-age child 110
has an absence that is more than thirty-seven percent (37%) of the 111
instructional day, as fixed by the school board for the school at 112
which the compulsory-school-age child is enrolled, the child must 113
be considered absent the entire school day. Days missed from 114
school due to disciplinary suspension shall not be considered an 115
"excused" absence under this section. This subsection shall not 116
apply to children enrolled in a nonpublic school. 117
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Each of the following shall constitute a valid excuse for 118
temporary nonattendance of a compulsory-school-age child enrolled 119
in a noncharter public school, provided satisfactory evidence of 120
the excuse is provided to the superintendent of the school 121
district, or his designee: 122
(a) An absence is excused when the absence results from 123
the compulsory-school-age child's attendance at an authorized 124
school activity with the prior approval of the superintendent of 125
the school district, or his designee. These activities may 126
include field trips, athletic contests, student conventions, 127
musical festivals and any similar activity. 128
(b) An absence is excused when the absence results from 129
illness or injury which prevents the compulsory-school-age child 130
from being physically able to attend school. 131
(c) An absence is excused when isolation of a 132
compulsory-school-age child is ordered by the county health 133
officer, by the State Board of Health or appropriate school 134
official. 135
(d) An absence is excused when it results from the 136
death or serious illness of a member of the immediate family of a 137
compulsory-school-age child. The immediate family members of a 138
compulsory-school-age child shall include children, spouse, 139
grandparents, parents, brothers and sisters, including 140
stepbrothers and stepsisters. 141
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(e) An absence is excused when it results from a 142
medical or dental appointment of a compulsory-school-age child. 143
(f) An absence is excused when it results from the 144
attendance of a compulsory-school-age child at the proceedings of 145
a court or an administrative tribunal if the child is a party to 146
the action or under subpoena as a witness. 147
(g) An absence may be excused if the religion to which 148
the compulsory-school-age child or the child's parents adheres, 149
requires or suggests the observance of a religious event. The 150
approval of the absence is within the discretion of the 151
superintendent of the school district, or his designee, but 152
approval should be granted unless the religion's observance is of 153
such duration as to interfere with the education of the child. 154
(h) An absence may be excused when it is demonstrated 155
to the satisfaction of the superintendent of the school district, 156
or his designee, that the purpose of the absence is to take 157
advantage of a valid educational opportunity such as travel, 158
including vacations or other family travel. Approval of the 159
absence must be gained from the superintendent of the school 160
district, or his designee, before the absence, but the approval 161
shall not be unreasonably withheld. 162
(i) An absence may be excused when it is demonstrated 163
to the satisfaction of the superintendent of the school district, 164
or his designee, that conditions are sufficient to warrant the 165
compulsory-school-age child's nonattendance. However, no absences 166
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shall be excused by the school district superintendent, or his 167
designee, when any student suspensions or expulsions circumvent 168
the intent and spirit of the compulsory attendance law. 169
(j) An absence is excused when it results from the 170
attendance of a compulsory-school-age child participating in 171
official organized events sponsored by the 4-H or Future Farmers 172
of America (FFA). The excuse for the 4-H or FFA event must be 173
provided in writing to the appropriate school superintendent by 174
the Extension Agent or High School Agricultural Instructor/FFA 175
Advisor. 176
(k) An absence is excused when it results from the 177
compulsory-school-age child officially being employed to serve as 178
a page at the State Capitol for the Mississippi House of 179
Representatives or Senate. 180
(l) An absence is excused when it results from the 181
attendance of a compulsory-school-age child participating in 182
official organized roping and barrel racing events sponsored by 183
the National Barrel Horse Association or the National High School 184
Rodeo Association. The excuse for the NBHA or NHSRA event must be 185
provided in writing to the appropriate school superintendent by 186
the event organizer and the parent of the participating 187
compulsory-school-age child. 188
(5) Any parent, guardian or custodian of a 189
compulsory-school-age child subject to this section who refuses or 190
willfully fails to perform any of the duties imposed upon him or 191
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her under this section or who intentionally falsifies any 192
information required to be contained in a certificate of 193
enrollment, shall be guilty of contributing to the neglect of a 194
child and, upon conviction, shall be punished in accordance with 195
Section 97-5-39. 196
Upon prosecution of a parent, guardian or custodian of a 197
compulsory-school-age child for violation of this section, the 198
presentation of evidence by the prosecutor that shows that the 199
child has not been enrolled in school within eighteen (18) 200
calendar days after the first day of the school year of the public 201
school which the child is eligible to attend, or that the child 202
has accumulated twelve (12) unlawful absences during the school 203
year at the public school in which the child has been enrolled, 204
shall establish a prima facie case that the child's parent, 205
guardian or custodian is responsible for the absences and has 206
refused or willfully failed to perform the duties imposed upon him 207
or her under this section. However, no proceedings under this 208
section shall be brought against a parent, guardian or custodian 209
of a compulsory-school-age child unless the school attendance 210
officer has contacted promptly the home of the child and has 211
provided written notice to the parent, guardian or custodian of 212
the requirement for the child's enrollment or attendance. 213
(6) If a compulsory-school-age child has not been enrolled 214
in a school within fifteen (15) calendar days after the first day 215
of the school year of the school which the child is eligible to 216
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attend or the child has accumulated five (5) unlawful absences 217
during the school year of the public school in which the child is 218
enrolled, the school district superintendent, or his designee, 219
shall report, within two (2) school days or within five (5) 220
calendar days, whichever is less, the absences to the school 221
attendance officer. The State Department of Education shall 222
prescribe a uniform method for schools to utilize in reporting the 223
unlawful absences to the school attendance officer. The 224
superintendent, or his designee, also shall report any student 225
suspensions or student expulsions to the school attendance officer 226
when they occur. 227
(7) When a school attendance officer has made all attempts 228
to secure enrollment and/or attendance of a compulsory-school-age 229
child and is unable to effect the enrollment and/or attendance, 230
the attendance officer shall file a petition with the youth court 231
under Section 43-21-451 or shall file a petition in a court of 232
competent jurisdiction as it pertains to parent or child. 233
Sheriffs, deputy sheriffs and municipal law enforcement officers 234
shall be fully authorized to investigate all cases of 235
nonattendance and unlawful absences by compulsory-school-age 236
children, and shall be authorized to file a petition with the 237
youth court under Section 43-21-451 or file a petition or 238
information in the court of competent jurisdiction as it pertains 239
to parent or child for violation of this section. The youth court 240
shall expedite a hearing to make an appropriate adjudication and a 241
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disposition to ensure compliance with the Compulsory School 242
Attendance Law, and may order the child to enroll or re-enroll in 243
school. The superintendent of the school district to which the 244
child is ordered may assign, in his discretion, the child to the 245
alternative school program of the school established pursuant to 246
Section 37-13-92. 247
(8) The State Board of Education shall adopt rules and 248
regulations for the purpose of reprimanding any school 249
superintendents who fail to timely report unexcused absences under 250
the provisions of this section. 251
(9) Notwithstanding any provision or implication herein to 252
the contrary, it is not the intention of this section to impair 253
the primary right and the obligation of the parent or parents, or 254
person or persons in loco parentis to a child, to choose the 255
proper education and training for such child, and nothing in this 256
section shall ever be construed to grant, by implication or 257
otherwise, to the State of Mississippi, any of its officers, 258
agencies or subdivisions any right or authority to control, 259
manage, supervise or make any suggestion as to the control, 260
management or supervision of any private or parochial school or 261
institution for the education or training of children, of any kind 262
whatsoever that is not a public school according to the laws of 263
this state; and this section shall never be construed so as to 264
grant, by implication or otherwise, any right or authority to any 265
state agency or other entity to control, manage, supervise, 266
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ST: Excused absences; permit for students
participating in roping and barrel horse events.
provide for or affect the operation, management, program, 267
curriculum, admissions policy or discipline of any such school or 268
home instruction program. 269
SECTION 2. This act shall take effect and be in force from 270
and after July 1, 2026. 271