Mental Health Day; authorize as excused absence from school.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Nelson

HOUSE BILL NO. 1462

AN ACT TO CREATE "THE MISSISSIPPI MENTAL HEALTH DAYS ACT"; TO 1
AUTHORIZE MENTAL HEALTH DAYS AS EXCUSED ABSENCES UNDER THE 2
COMPULSORY SCHOOL ATTENDANCE LAWS; TO AMEND SECTION 37-13-91, 3
MISSISSIPPI CODE OF 1972, TO CONFORM THE COMPULSORY STUDENT 4
ATTENDANCE POLICY TO INCLUDE MENTAL HEALTH DAYS AS AN EXCUSED 5
ABSENCE; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. (1) This act shall be known and may be cited as 8
the "Mississippi Mental Health Days Act." 9
(2) The purpose of this act is to recognize mental health as 10
an essential component of student well being and academic success 11
by establishing "Mental Health Days" as an excused absence 12
category and by directing the Mississippi Department of Education 13
to produce guidelines and a model policy to assist 14
schools in supporting students who use Mental Health Days. 15
SECTION 2. (1) A student may use up to two (2) consecutive 16
school days as Mental Health Days. 17
(2) Except as otherwise provided by local policy, a student 18
shall not use three (3) or more Mental Health Days in a single 19
week or in two (2) consecutive weeks. 20
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(3) Where additional absences are necessary due to a chronic 21
or certified medical or mental health condition, schools shall 22
provide leave and supports consistent with existing medical 23
absence policies, individualized education programs (IEPs), 504 24
plans, and other applicable laws. 25
SECTION 3. (1) Each public school district, nonpublic 26
school, and private school subject to the Public School Code shall 27
adopt a Mental Health Day policy no later than the start of the 28
2026–2027 school year. Policies shall be consistent with the 29
Department of Education's model policy and guidelines and shall 30
include, at a minimum, the following components: 31
(a) A clear statement that Mental Health Days are 32
excused absences and the conditions under which they may be used; 33
(b) Procedures for recording Mental Health Days in 34
attendance systems; 35
(c) Designation of a school employee (e.g., counselor, 36
social worker, or administrator) responsible for contacting any 37
student who uses two (2) or more Mental Health Days within a 38
semester to assess needs and connect the student with available 39
supports; 40
(d) Confidentiality protections consistent with FERPA, 41
state law, and applicable privacy requirements for health and 42
mental health information; and 43
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(e) Processes for referral to school-based or community 44
mental health resources, and, where appropriate, procedures to 45
involve parents or legal guardians in the provision of supports. 46
(2) The purpose of required staff contact is to identify 47
underlying needs, facilitate timely interventions, and link 48
students to counseling, mental health services, or other 49
appropriate support. 50
SECTION 4. (1) The Mississippi Department of Education 51
(MDE) shall develop and publish a Model Mental Health Day Policy 52
and accompanying Guidelines within ninety (90) days of the 53
effective date of this act. The Guidelines shall include: 54
(a) Evidence-based practices for integrating Mental 55
Health Days into school wellness supports and attendance policies; 56
(b) Best practices for staff contact, intervention, 57
referrals, and confidentiality protections; 58
(c) Sample forms and protocols for documenting Mental 59
Health Days and for staff outreach; 60
(d) Recommended coordination with community mental 61
health providers and telehealth resources; and 62
(e) Procedures for data collection and annual reporting 63
while protecting student privacy. 64
(2) In developing the Model Policy and Guidelines, MDE shall 65
convene a Consultation Group that includes students, parents, 66
school administrators, teachers, counselors, and representatives 67
of community mental health providers. The Consultation Group 68
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shall reflect the diversity of the state's public school 69
population by geography, race, ethnicity, gender identity, and 70
family income. 71
SECTION 5. Schools shall adopt local Mental Health Day 72
policies consistent with the Model Policy prior to the start of 73
the 2026–2027 school year. MDE shall provide training materials 74
and technical assistance to districts and schools to support 75
implementation, including resources for staff training on 76
identifying students in need, conducting supportive outreach, 77
maintaining confidential records, and making referrals to 78
community services. 79
SECTION 6. Each school district and applicable nonpublic or 80
private school shall annually report to MDE aggregated data on 81
Mental Health Days, including the number of Mental Health Days 82
taken and basic disaggregation by grade band and gender, provided 83
that no personally identifiable information shall be included. 84
MDE shall publish an annual summary of statewide data and 85
recommendations for policy improvement, while ensuring all 86
published data is de-identified and protects student privacy. 87
SECTION 7. The adoption of Mental Health Day policies shall 88
be consistent with and not preempt rights provided under IDEA, 89
Section 504, ADA, FERPA, or other applicable federal or state laws 90
protecting student rights. Mental Health Day policies shall be 91
implemented without discrimination on the basis of race, color, 92
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national origin, sex, disability, religion, or any other protected 93
status under state or federal law. 94
SECTION 8. (1) Nothing in this act creates a new 95
entitlement to funding; however, MDE shall identify and provide 96
guidance on existing state and federal funding streams (including 97
Medicaid school-based services where applicable), grants, and 98
partnership opportunities to support school implementation. 99
(2) MDE shall assist districts in identifying community 100
mental health partners and telehealth vendors to expand access to 101
services, particularly in underserved and rural areas. 102
SECTION 9. If any provision of this act or the application 103
thereof to any person or circumstance is held invalid, such 104
invalidity shall not affect other provisions or applications of 105
the act that can be given effect without the invalid provision or 106
application, and to this end the provisions of this act are 107
declared severable. 108
SECTION 10. This act shall take effect and be in force from 109
and after sixty (60) days following enactment. 110
SECTION 11. Section 37-13-91, Mississippi Code of 1972, is 111
amended as follows: 112
37-13-91. (1) This section shall be referred to as the 113
"Mississippi Compulsory School Attendance Law." 114
(2) The following terms as used in this section are defined 115
as follows: 116
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(a) "Parent" means the father or mother to whom a child 117
has been born, or the father or mother by whom a child has been 118
legally adopted. 119
(b) "Guardian" means a guardian of the person of a 120
child, other than a parent, who is legally appointed by a court of 121
competent jurisdiction. 122
(c) "Custodian" means any person having the present 123
care or custody of a child, other than a parent or guardian of the 124
child. 125
(d) "School day" means not less than five and one half 126
(5 1/2) and not more than eight (8) hours of actual teaching in 127
which both teachers and pupils are in regular attendance for 128
scheduled schoolwork. 129
(e) "School" means any public school, including a 130
charter school, in this state or any nonpublic school in this 131
state which is in session each school year for at least one 132
hundred eighty (180) school days, except that the "nonpublic" 133
school term shall be the number of days that each school shall 134
require for promotion from grade to grade. 135
(f) "Compulsory-school-age child" means a child who has 136
attained or will attain the age of six (6) years on or before 137
September 1 of the calendar year and who has not attained the age 138
of seventeen (17) years on or before September 1 of the calendar 139
year; and shall include any child who has attained or will attain 140
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the age of five (5) years on or before September 1 and has 141
enrolled in a full day public school kindergarten program. 142
(g) "School attendance officer" means a person employed 143
by the State Department of Education pursuant to Section 37-13-89. 144
(h) "Appropriate school official" means the 145
superintendent of the school district, or his designee, or, in the 146
case of a nonpublic school, the principal or the headmaster. 147
(i) "Nonpublic school" means an institution for the 148
teaching of children, consisting of a physical plant, whether 149
owned or leased, including a home, instructional staff members and 150
students, and which is in session each school year. This 151
definition shall include, but not be limited to, private, church, 152
parochial and home instruction programs. 153
(j) "Mental Health Day" means a day excused from 154
attendance to permit a student to obtain rest, treatment, 155
counseling, or other care necessary to address mental or physical 156
fatigue resulting from a certified mental health-related condition 157
or an uncertified mental health-related condition, as those terms 158
are defined in this section. 159
(k) "Certified mental health related condition" means a 160
condition diagnosed by a licensed physician, psychologist, or 161
mental health professional, including, but not limited to, 162
anxiety, depression, attention deficit hyperactivity disorder, 163
obsessive-compulsive disorder, autism spectrum conditions, eating 164
disorders, substance use disorders, self-harm behaviors, and other 165
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clinically recognized conditions that materially affect a 166
student's capacity to function in school. "Uncertified mental 167
health-related condition" means a situational or undocumented 168
condition that produces substantial emotional distress, trauma, or 169
stress that impedes a student's ability to learn or participate in 170
school, including, but not limited to, situational grief, acute 171
stress reactions, traumatic exposure, severe academic burnout, or 172
bullying reported to school personnel. 173
(3) A parent, guardian or custodian of a compulsory-school-174
age child in this state shall cause the child to enroll in and 175
attend a public school or legitimate nonpublic school for the 176
period of time that the child is of compulsory school age, except 177
under the following circumstances: 178
(a) When a compulsory-school-age child is physically, 179
mentally or emotionally incapable of attending school as 180
determined by the appropriate school official based upon 181
sufficient medical documentation. 182
(b) When a compulsory-school-age child is enrolled in 183
and pursuing a course of special education, remedial education or 184
education for children with physical or mental disadvantages or 185
disabilities. 186
(c) When a compulsory-school-age child is being 187
educated in a legitimate home instruction program. 188
The parent, guardian or custodian of a compulsory-school-age 189
child described in this subsection, or the parent, guardian or 190
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custodian of a compulsory-school-age child attending any charter 191
school or nonpublic school, or the appropriate school official for 192
any or all children attending a charter school or nonpublic school 193
shall complete a "certificate of enrollment" in order to 194
facilitate the administration of this section. 195
The form of the certificate of enrollment shall be prepared 196
by the Office of Compulsory School Attendance Enforcement of the 197
State Department of Education and shall be designed to obtain the 198
following information only: 199
(i) The name, address, telephone number and date 200
of birth of the compulsory-school-age child; 201
(ii) The name, address and telephone number of the 202
parent, guardian or custodian of the compulsory-school-age child; 203
(iii) A simple description of the type of 204
education the compulsory-school-age child is receiving and, if the 205
child is enrolled in a nonpublic school, the name and address of 206
the school; and 207
(iv) The signature of the parent, guardian or 208
custodian of the compulsory-school-age child or, for any or all 209
compulsory-school-age child or children attending a charter school 210
or nonpublic school, the signature of the appropriate school 211
official and the date signed. 212
The certificate of enrollment shall be returned to the school 213
attendance officer where the child resides on or before September 214
15 of each year. Any parent, guardian or custodian found by the 215
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school attendance officer to be in noncompliance with this section 216
shall comply, after written notice of the noncompliance by the 217
school attendance officer, with this subsection within ten (10) 218
days after the notice or be in violation of this section. 219
However, in the event the child has been enrolled in a public 220
school within fifteen (15) calendar days after the first day of 221
the school year as required in subsection (6), the parent or 222
custodian may, at a later date, enroll the child in a legitimate 223
nonpublic school or legitimate home instruction program and send 224
the certificate of enrollment to the school attendance officer and 225
be in compliance with this subsection. 226
For the purposes of this subsection, a legitimate nonpublic 227
school or legitimate home instruction program shall be those not 228
operated or instituted for the purpose of avoiding or 229
circumventing the compulsory attendance law. 230
(d) When the child chooses to take a "Mental Health" 231
day as defined by this act. 232
(4) An "unlawful absence" is an absence for an entire school 233
day or during part of a school day by a compulsory-school-age 234
child, which absence is not due to a valid excuse for temporary 235
nonattendance. For purposes of reporting absenteeism under 236
subsection (6) of this section, if a compulsory-school-age child 237
has an absence that is more than thirty seven percent (37%) of the 238
instructional day, as fixed by the school board for the school at 239
which the compulsory-school-age child is enrolled, the child must 240
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be considered absent the entire school day. Days missed from 241
school due to disciplinary suspension shall not be considered an 242
"excused" absence under this section. This subsection shall not 243
apply to children enrolled in a nonpublic school. 244
Each of the following shall constitute a valid excuse for 245
temporary nonattendance of a compulsory-school-age child enrolled 246
in a noncharter public school, provided satisfactory evidence of 247
the excuse is provided to the superintendent of the school 248
district, or his designee: 249
(a) An absence is excused when the absence results from 250
the compulsory-school-age child's attendance at an authorized 251
school activity with the prior approval of the superintendent of 252
the school district, or his designee. These activities may 253
include field trips, athletic contests, student conventions, 254
musical festivals and any similar activity. 255
(b) An absence is excused when the absence results from 256
illness or injury which prevents the compulsory-school-age child 257
from being physically able to attend school. 258
(c) An absence is excused when isolation of a 259
compulsory-school-age child is ordered by the county health 260
officer, by the State Board of Health or appropriate school 261
official. 262
(d) An absence is excused when it results from the 263
death or serious illness of a member of the immediate family of a 264
compulsory-school-age child. The immediate family members of a 265
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compulsory-school-age child shall include children, spouse, 266
grandparents, parents, brothers and sisters, including 267
stepbrothers and stepsisters. 268
(e) An absence is excused when it results from a 269
medical or dental appointment of a compulsory-school-age child. 270
(f) An absence is excused when it results from the 271
attendance of a compulsory-school-age child at the proceedings of 272
a court or an administrative tribunal if the child is a party to 273
the action or under subpoena as a witness. 274
(g) An absence may be excused if the religion to which 275
the compulsory-school-age child or the child's parents adheres, 276
requires or suggests the observance of a religious event. The 277
approval of the absence is within the discretion of the 278
superintendent of the school district, or his designee, but 279
approval should be granted unless the religion's observance is of 280
such duration as to interfere with the education of the child. 281
(h) An absence may be excused when it is demonstrated 282
to the satisfaction of the superintendent of the school district, 283
or his designee, that the purpose of the absence is to take 284
advantage of a valid educational opportunity such as travel, 285
including vacations or other family travel. Approval of the 286
absence must be gained from the superintendent of the school 287
district, or his designee, before the absence, but the approval 288
shall not be unreasonably withheld. 289
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(i) An absence may be excused when it is demonstrated 290
to the satisfaction of the superintendent of the school district, 291
or his designee, that conditions are sufficient to warrant the 292
compulsory-school-age child's nonattendance. However, no absences 293
shall be excused by the school district superintendent, or his 294
designee, when any student suspensions or expulsions circumvent 295
the intent and spirit of the compulsory attendance law. 296
(j) An absence is excused when it results from the 297
attendance of a compulsory-school-age child participating in 298
official organized events sponsored by the 4 H or Future Farmers 299
of America (FFA). The excuse for the 4 H or FFA event must be 300
provided in writing to the appropriate school superintendent by 301
the Extension Agent or High School Agricultural Instructor/FFA 302
Advisor. 303
(k) An absence is excused when it results from the 304
compulsory-school-age child officially being employed to serve as 305
a page at the State Capitol for the Mississippi House of 306
Representatives or Senate. 307
(5) Any parent, guardian or custodian of a compulsory-308
school-age child subject to this section who refuses or willfully 309
fails to perform any of the duties imposed upon him or her under 310
this section or who intentionally falsifies any information 311
required to be contained in a certificate of enrollment, shall be 312
guilty of contributing to the neglect of a child and, upon 313
conviction, shall be punished in accordance with Section 97-5-39. 314
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Upon prosecution of a parent, guardian or custodian of a 315
compulsory-school-age child for violation of this section, the 316
presentation of evidence by the prosecutor that shows that the 317
child has not been enrolled in school within eighteen (18) 318
calendar days after the first day of the school year of the public 319
school which the child is eligible to attend, or that the child 320
has accumulated twelve (12) unlawful absences during the school 321
year at the public school in which the child has been enrolled, 322
shall establish a prima facie case that the child's parent, 323
guardian or custodian is responsible for the absences and has 324
refused or willfully failed to perform the duties imposed upon him 325
or her under this section. However, no proceedings under this 326
section shall be brought against a parent, guardian or custodian 327
of a compulsory-school-age child unless the school attendance 328
officer has contacted promptly the home of the child and has 329
provided written notice to the parent, guardian or custodian of 330
the requirement for the child's enrollment or attendance. 331
(6) If a compulsory-school-age child has not been enrolled 332
in a school within fifteen (15) calendar days after the first day 333
of the school year of the school which the child is eligible to 334
attend or the child has accumulated five (5) unlawful absences 335
during the school year of the public school in which the child is 336
enrolled, the school district superintendent, or his designee, 337
shall report, within two (2) school days or within five (5) 338
calendar days, whichever is less, the absences to the school 339
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attendance officer. The State Department of Education shall 340
prescribe a uniform method for schools to utilize in reporting the 341
unlawful absences to the school attendance officer. The 342
superintendent, or his designee, also shall report any student 343
suspensions or student expulsions to the school attendance officer 344
when they occur. 345
(7) When a school attendance officer has made all attempts 346
to secure enrollment and/or attendance of a compulsory-school-age 347
child and is unable to effect the enrollment and/or attendance, 348
the attendance officer shall file a petition with the youth court 349
under Section 43-21-451 or shall file a petition in a court of 350
competent jurisdiction as it pertains to parent or child. 351
Sheriffs, deputy sheriffs and municipal law enforcement officers 352
shall be fully authorized to investigate all cases of 353
nonattendance and unlawful absences by compulsory-school-age 354
children, and shall be authorized to file a petition with the 355
youth court under Section 43-21-451 or file a petition or 356
information in the court of competent jurisdiction as it pertains 357
to parent or child for violation of this section. The youth court 358
shall expedite a hearing to make an appropriate adjudication and a 359
disposition to ensure compliance with the Compulsory School 360
Attendance Law, and may order the child to enroll or re enroll in 361
school. The superintendent of the school district to which the 362
child is ordered may assign, in his discretion, the child to the 363
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alternative school program of the school established pursuant to 364
Section 37-13-92. 365
(8) The State Board of Education shall adopt rules and 366
regulations for the purpose of reprimanding any school 367
superintendents who fail to timely report unexcused absences under 368
the provisions of this section. 369
(9) Notwithstanding any provision or implication herein to 370
the contrary, it is not the intention of this section to impair 371
the primary right and the obligation of the parent or parents, or 372
person or persons in loco parentis to a child, to choose the 373
proper education and training for such child, and nothing in this 374
section shall ever be construed to grant, by implication or 375
otherwise, to the State of Mississippi, any of its officers, 376
agencies or subdivisions any right or authority to control, 377
manage, supervise or make any suggestion as to the control, 378
management or supervision of any private or parochial school or 379
institution for the education or training of children, of any kind 380
whatsoever that is not a public school according to the laws of 381
this state; and this section shall never be construed so as to 382
grant, by implication or otherwise, any right or authority to any 383
state agency or other entity to control, manage, supervise, 384
provide for or affect the operation, management, program, 385
curriculum, admissions policy or discipline of any such school or 386
home instruction program. 387
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ST: Mental Health Day; authorize as excused
absence from school.
SECTION 12. This act shall take effect and be in force from 388
and after July 1, 2026. 389