Student absenteeism; excuse those related to an exceptional student's disability.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Crawford

HOUSE BILL NO. 1250

AN ACT TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT ABSENCES RESULTING FROM STUDENTS DISABILITY AS 2
DEFINED BY STATE STATUTE, UNDER IDEA AND SECTION 504 OF THE 3
REHABILITATION ACT OF 1973, SHALL BE DEEMED EXCUSED; TO EXEMPT THE 4
PARENTS OR LEGAL GUARDIANS OF CHILDREN WITH DISABILITIES FROM 5
PROSECUTION FOR ABSENCES RELATED TO THE CHILD'S DISABILITY; TO 6
REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES AND 7
REGULATIONS GOVERNING THE IMPLEMENTATION OF PROCEDURES TO PROMOTE 8
INTERVENTIONS TO ASSIST STUDENTS VULNERABLE TO CHRONIC ABSENTEEISM 9
AND SCHOOLS AND DISTRICTS WITH HIGH RATES OF CHRONIC ABSENTEEISM; 10
AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 37-13-91, Mississippi Code of 1972, is 13
amended as follows: 14
37-13-91. (1) This section shall be referred to as the 15
"Mississippi Compulsory School Attendance Law." 16
(2) The following terms as used in this section are defined 17
as follows: 18
(a) "Parent" means the father or mother to whom a child 19
has been born, or the father or mother by whom a child has been 20
legally adopted. 21
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(b) "Guardian" means a guardian of the person of a 22
child, other than a parent, who is legally appointed by a court of 23
competent jurisdiction. 24
(c) "Custodian" means any person having the present 25
care or custody of a child, other than a parent or guardian of the 26
child. 27
(d) "School day" means not less than five and one-half 28
(5-1/2) and not more than eight (8) hours of actual teaching in 29
which both teachers and pupils are in regular attendance for 30
scheduled schoolwork. 31
(e) "School" means any public school, including a 32
charter school, in this state or any nonpublic school in this 33
state which is in session each school year for at least one 34
hundred eighty (180) school days, except that the "nonpublic" 35
school term shall be the number of days that each school shall 36
require for promotion from grade to grade. 37
(f) "Compulsory-school-age child" means a child who has 38
attained or will attain the age of six (6) years on or before 39
September 1 of the calendar year and who has not attained the age 40
of seventeen (17) years on or before September 1 of the calendar 41
year; and shall include any child who has attained or will attain 42
the age of five (5) years on or before September 1 and has 43
enrolled in a full-day public school kindergarten program. 44
(g) "School attendance officer" means a person employed 45
by the State Department of Education pursuant to Section 37-13-89. 46
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(h) "Appropriate school official" means the 47
superintendent of the school district, or his designee, or, in the 48
case of a nonpublic school, the principal or the headmaster. 49
(i) "Nonpublic school" means an institution for the 50
teaching of children, consisting of a physical plant, whether 51
owned or leased, including a home, instructional staff members and 52
students, and which is in session each school year. This 53
definition shall include, but not be limited to, private, church, 54
parochial and home instruction programs. 55
(3) A parent, guardian or custodian of a 56
compulsory-school-age child in this state shall cause the child to 57
enroll in and attend a public school or legitimate nonpublic 58
school for the period of time that the child is of compulsory 59
school age, except under the following circumstances: 60
(a) When a compulsory-school-age child is physically, 61
mentally or emotionally incapable of attending school as 62
determined by the appropriate school official based upon 63
sufficient medical documentation. 64
(b) When a compulsory-school-age child is enrolled in 65
and pursuing a course of special education, remedial education or 66
education for children with physical or mental disadvantages or 67
disabilities. 68
(c) When a compulsory-school-age child is being 69
educated in a legitimate home instruction program. 70
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The parent, guardian or custodian of a compulsory-school-age 71
child described in this subsection, or the parent, guardian or 72
custodian of a compulsory-school-age child attending any charter 73
school or nonpublic school, or the appropriate school official for 74
any or all children attending a charter school or nonpublic school 75
shall complete a "certificate of enrollment" in order to 76
facilitate the administration of this section. 77
The form of the certificate of enrollment shall be prepared 78
by the Office of Compulsory School Attendance Enforcement of the 79
State Department of Education and shall be designed to obtain the 80
following information only: 81
(i) The name, address, telephone number and date 82
of birth of the compulsory-school-age child; 83
(ii) The name, address and telephone number of the 84
parent, guardian or custodian of the compulsory-school-age child; 85
(iii) A simple description of the type of 86
education the compulsory-school-age child is receiving and, if the 87
child is enrolled in a nonpublic school, the name and address of 88
the school; and 89
(iv) The signature of the parent, guardian or 90
custodian of the compulsory-school-age child or, for any or all 91
compulsory-school-age child or children attending a charter school 92
or nonpublic school, the signature of the appropriate school 93
official and the date signed. 94
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The certificate of enrollment shall be returned to the school 95
attendance officer where the child resides on or before September 96
15 of each year. Any parent, guardian or custodian found by the 97
school attendance officer to be in noncompliance with this section 98
shall comply, after written notice of the noncompliance by the 99
school attendance officer, with this subsection within ten (10) 100
days after the notice or be in violation of this section. 101
However, in the event the child has been enrolled in a public 102
school within fifteen (15) calendar days after the first day of 103
the school year as required in subsection (6), the parent or 104
custodian may, at a later date, enroll the child in a legitimate 105
nonpublic school or legitimate home instruction program and send 106
the certificate of enrollment to the school attendance officer and 107
be in compliance with this subsection. 108
For the purposes of this subsection, a legitimate nonpublic 109
school or legitimate home instruction program shall be those not 110
operated or instituted for the purpose of avoiding or 111
circumventing the compulsory attendance law. 112
(4) An "unlawful absence" is an absence for an entire school 113
day or during part of a school day by a compulsory-school-age 114
child, which absence is not due to a valid excuse for temporary 115
nonattendance. For purposes of reporting absenteeism under 116
subsection (6) of this section, if a compulsory-school-age child 117
has an absence that is more than thirty-seven percent (37%) of the 118
instructional day, as fixed by the school board for the school at 119
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which the compulsory-school-age child is enrolled, the child must 120
be considered absent the entire school day. Days missed from 121
school due to disciplinary suspension shall not be considered an 122
"excused" absence under this section. This subsection shall not 123
apply to children enrolled in a nonpublic school. 124
Each of the following shall constitute a valid excuse for 125
temporary nonattendance of a compulsory-school-age child enrolled 126
in a noncharter public school, provided satisfactory evidence of 127
the excuse is provided to the superintendent of the school 128
district, or his designee: 129
(a) An absence is excused when the absence results from 130
the compulsory-school-age child's attendance at an authorized 131
school activity with the prior approval of the superintendent of 132
the school district, or his designee. These activities may 133
include field trips, athletic contests, student conventions, 134
musical festivals and any similar activity. 135
(b) An absence is excused when the absence results from 136
illness or injury which prevents the compulsory-school-age child 137
from being physically able to attend school. 138
(c) An absence is excused when isolation of a 139
compulsory-school-age child is ordered by the county health 140
officer, by the State Board of Health or appropriate school 141
official. 142
(d) An absence is excused when it results from the 143
death or serious illness of a member of the immediate family of a 144
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compulsory-school-age child. The immediate family members of a 145
compulsory-school-age child shall include children, spouse, 146
grandparents, parents, brothers and sisters, including 147
stepbrothers and stepsisters. 148
(e) An absence is excused when it results from a 149
medical or dental appointment of a compulsory-school-age child. 150
(f) An absence is excused when it results from the 151
attendance of a compulsory-school-age child at the proceedings of 152
a court or an administrative tribunal if the child is a party to 153
the action or under subpoena as a witness. 154
(g) An absence may be excused if the religion to which 155
the compulsory-school-age child or the child's parents adheres, 156
requires or suggests the observance of a religious event. The 157
approval of the absence is within the discretion of the 158
superintendent of the school district, or his designee, but 159
approval should be granted unless the religion's observance is of 160
such duration as to interfere with the education of the child. 161
(h) An absence may be excused when it is demonstrated 162
to the satisfaction of the superintendent of the school district, 163
or his designee, that the purpose of the absence is to take 164
advantage of a valid educational opportunity such as travel, 165
including vacations or other family travel. Approval of the 166
absence must be gained from the superintendent of the school 167
district, or his designee, before the absence, but the approval 168
shall not be unreasonably withheld. 169
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(i) An absence may be excused when it is demonstrated 170
to the satisfaction of the superintendent of the school district, 171
or his designee, that conditions are sufficient to warrant the 172
compulsory-school-age child's nonattendance. However, no absences 173
shall be excused by the school district superintendent, or his 174
designee, when any student suspensions or expulsions circumvent 175
the intent and spirit of the compulsory attendance law. 176
(j) An absence is excused when it results from the 177
attendance of a compulsory-school-age child participating in 178
official organized events sponsored by the 4-H or Future Farmers 179
of America (FFA). The excuse for the 4-H or FFA event must be 180
provided in writing to the appropriate school superintendent by 181
the Extension Agent or High School Agricultural Instructor/FFA 182
Advisor. 183
(k) An absence is excused when it results from the 184
compulsory-school-age child officially being employed to serve as 185
a page at the State Capitol for the Mississippi House of 186
Representatives or Senate. 187
(l) An absence is excused when it results from the 188
child's disability under the Individuals with Disabilities in 189
Education Act (IDEA) or outside treatment for the child's 190
disability under the IDEA. A child with a disability means a 191
child as defined under IDEA, Section 37-23-3, Mississippi Code of 192
1972, and as adopted by the State Board of Education policy. 193
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(5) Any parent, guardian or custodian of a 194
compulsory-school-age child subject to this section who refuses or 195
willfully fails to perform any of the duties imposed upon him or 196
her under this section or who intentionally falsifies any 197
information required to be contained in a certificate of 198
enrollment, shall be guilty of contributing to the neglect of a 199
child and, upon conviction, shall be punished in accordance with 200
Section 97-5-39. 201
Upon prosecution of a parent, guardian or custodian of a 202
compulsory-school-age child for violation of this section, the 203
presentation of evidence by the prosecutor that shows that the 204
child has not been enrolled in school within eighteen (18) 205
calendar days after the first day of the school year of the public 206
school which the child is eligible to attend, or that the child 207
has accumulated twelve (12) unlawful absences during the school 208
year at the public school in which the child has been enrolled, 209
shall establish a prima facie case that the child's parent, 210
guardian or custodian is responsible for the absences and has 211
refused or willfully failed to perform the duties imposed upon him 212
or her under this section. However, no proceedings under this 213
section shall be brought against a parent, guardian or custodian 214
of a compulsory-school-age child if such absences are the result 215
of a disability under the IDEA or Section 504 of the 216
Rehabilitation Act of 1973. A stay on truancy proceedings shall 217
be implemented to determine if the absences may be the result of a 218
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disability under IDEA and the local education agency is considered 219
"on notice" that the child might have a disability. The school is 220
required to initiate child find processes under IDEA to identify, 221
locate and evaluate the minor child to determine if the child has 222
a disability and is entitled to special education services under 223
IDEA or a 504 Plan for that disability. A Multidisciplinary 224
Evaluation Team (MET) shall convene to determine whether the 225
student requires a comprehensive evaluation, or re-evaluation for 226
students already receiving services under IDEA or a 504 Plan, to 227
determine eligibility for special education services under IDEA. 228
Any student who does not qualify for special education services 229
under IDEA must be considered for eligibility under a 504 Plan. 230
If the absence is a result of a disability under IDEA or Section 231
504, then the absence shall be excused pursuant to subsection 232
(4)(l) of this section, and all truancy proceedings shall be 233
dismissed. If the absence is not the result of a disability, as 234
defined under IDEA or Section 504, then no proceedings under this 235
section shall be brought against a parent, guardian or custodian 236
of a compulsory-school-age child unless the school attendance 237
officer has contacted promptly the home of the child and has 238
provided written notice to the parent, guardian or custodian of 239
the requirement for the child's enrollment or attendance. 240
(6) If a compulsory-school-age child has not been enrolled 241
in a school within fifteen (15) calendar days after the first day 242
of the school year of the school which the child is eligible to 243
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attend or the child has accumulated five (5) unlawful absences 244
during the school year of the public school in which the child is 245
enrolled, the school district superintendent, or his designee, 246
shall report, within two (2) school days or within five (5) 247
calendar days, whichever is less, the absences to the school 248
attendance officer. The State Department of Education shall 249
prescribe a uniform method for schools to utilize in reporting the 250
unlawful absences to the school attendance officer. The 251
superintendent, or his designee, also shall report any student 252
suspensions or student expulsions to the school attendance officer 253
when they occur. 254
(7) When a school attendance officer has made all attempts 255
to secure enrollment and/or attendance of a compulsory-school-age 256
child and is unable to effect the enrollment and/or attendance, 257
the attendance officer shall file a petition with the youth court 258
under Section 43-21-451 or shall file a petition in a court of 259
competent jurisdiction as it pertains to parent or child. 260
Sheriffs, deputy sheriffs and municipal law enforcement officers 261
shall be fully authorized to investigate all cases of 262
nonattendance and unlawful absences by compulsory-school-age 263
children, and shall be authorized to file a petition with the 264
youth court under Section 43-21-451 or file a petition or 265
information in the court of competent jurisdiction as it pertains 266
to parent or child for violation of this section. The youth court 267
shall expedite a hearing to make an appropriate adjudication and a 268
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disposition to ensure compliance with the Compulsory School 269
Attendance Law, and may order the child to enroll or re-enroll in 270
school. The superintendent of the school district to which the 271
child is ordered may assign, in his discretion, the child to the 272
alternative school program of the school established pursuant to 273
Section 37-13-92. 274
(8) The State Board of Education shall adopt rules and 275
regulations for the purpose of reprimanding any school 276
superintendents who fail to timely report unexcused absences under 277
the provisions of this section. 278
(9) The State Board of Education shall adopt rules and 279
regulations requiring the implementation of evidence-based 280
procedures that encourage effective interventions for assisting 281
individual students who are vulnerable to chronic absences and, as 282
necessary, schools and districts with high rates of chronic 283
absenteeism. 284
( * * *10) Notwithstanding any provision or implication 285
herein to the contrary, it is not the intention of this section to 286
impair the primary right and the obligation of the parent or 287
parents, or person or persons in loco parentis to a child, to 288
choose the proper education and training for such child, and 289
nothing in this section shall ever be construed to grant, by 290
implication or otherwise, to the State of Mississippi, any of its 291
officers, agencies or subdivisions any right or authority to 292
control, manage, supervise or make any suggestion as to the 293
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ST: Student absenteeism; excuse those related
to an exceptional student's disability.
control, management or supervision of any private or parochial 294
school or institution for the education or training of children, 295
of any kind whatsoever that is not a public school according to 296
the laws of this state; and this section shall never be construed 297
so as to grant, by implication or otherwise, any right or 298
authority to any state agency or other entity to control, manage, 299
supervise, provide for or affect the operation, management, 300
program, curriculum, admissions policy or discipline of any such 301
school or home instruction program. 302
SECTION 2. This act shall take effect and be in force from 303
and after July 1, 2026. 304