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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Bell (65th)
HOUSE BILL NO. 1512
AN ACT TO AMEND SECTION 37-13-85, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE COMPULSORY SCHOOL ATTENDANCE TO INCLUDE USE OF LICENSED 2
SOCIAL WORKERS; TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 3
1972, TO REQUIRE HOMESCHOOL ACADEMIC FILE SUBMISSION FROM PARENTS 4
OF HOMESCHOOLED CHILDREN; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 37-13-85, Mississippi Code of 1972, is 7
amended as follows: 8
37-13-85. The Office of Compulsory School Attendance 9
Enforcement shall have the following powers and duties, in 10
addition to all others imposed or granted by law: 11
(a) To establish any policies or guidelines concerning 12
the employment of school attendance officers which serve to 13
effectuate a uniform system of enforcement under the Mississippi 14
Compulsory School Attendance Law throughout the state, and to 15
designate the number of school attendance officers which shall be 16
employed to serve in each school district area; 17
(b) To supervise and assist school attendance officer 18
supervisors in the performance of their duties; 19
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(c) To provide licensed social workers and mental 20
health professionals to assist school attendance officers in the 21
performance of their duties; 22
( * * *d) To establish minimum standards for enrollment 23
and attendance for the state and each individual school district, 24
and to monitor the success of the state and districts in achieving 25
the required levels of performance; 26
( * * *e) To provide to school districts failing to 27
meet the established standards for enrollment and attendance 28
assistance in reducing absenteeism or the dropout rates in those 29
districts; 30
( * * *f) To establish any qualifications, in addition 31
to those required under Section 37-13-89, for school attendance 32
officers as the office deems necessary to further the purposes of 33
the Mississippi Compulsory School Attendance Law; 34
( * * *g) To develop and implement a system under which 35
school districts are required to maintain accurate records that 36
document enrollment and attendance in such a manner that the 37
records reflect all changes in enrollment and attendance, and to 38
require school attendance officers to submit information 39
concerning public school attendance on a monthly basis to the 40
office; 41
( * * *h) To prepare the form of the certificate of 42
enrollment required under the Mississippi Compulsory School 43
Attendance Law and to furnish a sufficient number of the 44
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certificates of enrollment to each school attendance officer in 45
the state; 46
( * * *i) To provide to the State Board of Education 47
statistical information concerning absenteeism, dropouts and other 48
attendance-related problems as requested by the State Board of 49
Education; 50
( * * *j) To provide for the certification of school 51
attendance officers; 52
( * * *k) To provide for a course of training and 53
education for school attendance officers, and to require 54
successful completion of the course as a prerequisite to 55
certification by the office as school attendance officers; 56
( * * *l) To adopt any guidelines or policies the 57
office deems necessary to effectuate an orderly transition from 58
the supervision of school attendance officers by district 59
attorneys to the supervision by the school attendance officer 60
supervisors; 61
( * * *m) Beginning on July 1, 1998, to require school 62
attendance officer supervisors to employ persons employed by 63
district attorneys before July 1, 1998, as school attendance 64
officers without requiring such persons to submit an application 65
or interview for employment with the State Department of 66
Education; 67
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( * * *n) To adopt policies or guidelines linking the 68
duties of school attendance officers to the appropriate courts, 69
law enforcement agencies and community service providers; and 70
( * * *o) To adopt any other policies or guidelines 71
that the office deems necessary for the enforcement of the 72
Mississippi Compulsory School Attendance Law; however, the 73
policies or guidelines shall not add to or contradict with the 74
requirements of Section 37-13-91. 75
SECTION 2. Section 37-13-91, Mississippi Code of 1972, is 76
amended as follows: 77
37-13-91. (1) This section shall be referred to as the 78
"Mississippi Compulsory School Attendance Law." 79
(2) The following terms as used in this section are defined 80
as follows: 81
(a) "Parent" means the father or mother to whom a child 82
has been born, or the father or mother by whom a child has been 83
legally adopted. 84
(b) "Guardian" means a guardian of the person of a 85
child, other than a parent, who is legally appointed by a court of 86
competent jurisdiction. 87
(c) "Custodian" means any person having the present 88
care or custody of a child, other than a parent or guardian of the 89
child. 90
(d) "School day" means not less than five and one-half 91
(5-1/2) and not more than eight (8) hours of actual teaching in 92
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which both teachers and pupils are in regular attendance for 93
scheduled schoolwork. 94
(e) "School" means any public school, including a 95
charter school, in this state or any nonpublic school in this 96
state which is in session each school year for at least one 97
hundred eighty (180) school days, except that the "nonpublic" 98
school term shall be the number of days that each school shall 99
require for promotion from grade to grade. 100
(f) "Compulsory-school-age child" means a child who has 101
attained or will attain the age of six (6) years on or before 102
September 1 of the calendar year and who has not attained the age 103
of seventeen (17) years on or before September 1 of the calendar 104
year; and shall include any child who has attained or will attain 105
the age of five (5) years on or before September 1 and has 106
enrolled in a full-day public school kindergarten program. 107
(g) "School attendance officer" means a person employed 108
by the State Department of Education pursuant to Section 37-13-89. 109
(h) "Appropriate school official" means the 110
superintendent of the school district, or his designee, or, in the 111
case of a nonpublic school, the principal or the headmaster. 112
(i) "Nonpublic school" means an institution for the 113
teaching of children, consisting of a physical plant, whether 114
owned or leased, including a home, instructional staff members and 115
students, and which is in session each school year. This 116
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definition shall include, but not be limited to, private, church, 117
parochial and home instruction programs. 118
(3) A parent, guardian or custodian of a 119
compulsory-school-age child in this state shall cause the child to 120
enroll in and attend a public school or legitimate nonpublic 121
school for the period of time that the child is of compulsory 122
school age, except under the following circumstances: 123
(a) When a compulsory-school-age child is physically, 124
mentally or emotionally incapable of attending school as 125
determined by the appropriate school official based upon 126
sufficient medical documentation. 127
(b) When a compulsory-school-age child is enrolled in 128
and pursuing a course of special education, remedial education or 129
education for children with physical or mental disadvantages or 130
disabilities. 131
(c) When a compulsory-school-age child is being 132
educated in a legitimate home instruction program. 133
The parent, guardian or custodian of a compulsory-school-age 134
child described in this subsection, or the parent, guardian or 135
custodian of a compulsory-school-age child attending any charter 136
school or nonpublic school, or the appropriate school official for 137
any or all children attending a charter school or nonpublic school 138
shall complete a "certificate of enrollment" in order to 139
facilitate the administration of this section. 140
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The form of the certificate of enrollment shall be prepared 141
by the Office of Compulsory School Attendance Enforcement of the 142
State Department of Education and shall be designed to obtain the 143
following information only: 144
(i) The name, address, telephone number and date 145
of birth of the compulsory-school-age child; 146
(ii) The name, address and telephone number of the 147
parent, guardian or custodian of the compulsory-school-age child; 148
(iii) A simple description of the type of 149
education the compulsory-school-age child is receiving and, if the 150
child is enrolled in a nonpublic school, the name and address of 151
the school; and 152
(iv) The signature of the parent, guardian or 153
custodian of the compulsory-school-age child or, for any or all 154
compulsory-school-age child or children attending a charter school 155
or nonpublic school, the signature of the appropriate school 156
official and the date signed. 157
The certificate of enrollment shall be returned to the school 158
attendance officer where the child resides on or before September 159
15 of each year. Any parent, guardian or custodian found by the 160
school attendance officer to be in noncompliance with this section 161
shall comply, after written notice of the noncompliance by the 162
school attendance officer, with this subsection within ten (10) 163
days after the notice or be in violation of this section. 164
However, in the event the child has been enrolled in a public 165
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school within fifteen (15) calendar days after the first day of 166
the school year as required in subsection (6), the parent or 167
custodian may, at a later date, enroll the child in a legitimate 168
nonpublic school or legitimate home instruction program and send 169
the certificate of enrollment to the school attendance officer and 170
be in compliance with this subsection. 171
For the purposes of this subsection, a legitimate nonpublic 172
school or legitimate home instruction program shall be those not 173
operated or instituted for the purpose of avoiding or 174
circumventing the compulsory attendance law. 175
(d) (i) Each parent, guardian, or custodian of a child 176
enrolled in a home instruction program under subsection (c) shall, 177
on or before June 30 of each school year, shall submit to the 178
Mississippi Department of Education (MDE) an annual homeschool 179
academic file, which shall include: 180
1. A copy of the Certificate of Enrollment 181
filed pursuant to subsection (c); 182
2. A portfolio summary containing 183
representative work samples, curriculum descriptions, and a 184
written progress report aligned with the Mississippi College and 185
Career Readiness Standards. 186
3. Administer and submit results from online 187
benchmark assessments approved by MDE in the following subjects: 188
4. English Language Arts; Mathematics; 189
Science. 190
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5. Such assessments shall be completed 191
between April 1 and June 15 under secure conditions and proctored 192
by a certified individual. 193
6. Maintain and submit attendance records 194
demonstrating instructional days substantially equivalent to one 195
hundred eighty (180) days of public school instruction. 196
7. For students in grades 3, 5, 8, and 11, 197
include standardized test results from an MDE approved assessment 198
administered by a certified teacher. 199
(ii) Failure to comply with these requirements shall 200
constitute noncompliance and may result in intervention, mandatory 201
remediation, or withdrawal of homeschool status. 202
(4) An "unlawful absence" is an absence for an entire school 203
day or during part of a school day by a compulsory-school-age 204
child, which absence is not due to a valid excuse for temporary 205
nonattendance. For purposes of reporting absenteeism under 206
subsection (6) of this section, if a compulsory-school-age child 207
has an absence that is more than thirty-seven percent (37%) of the 208
instructional day, as fixed by the school board for the school at 209
which the compulsory-school-age child is enrolled, the child must 210
be considered absent the entire school day. Days missed from 211
school due to disciplinary suspension shall not be considered an 212
"excused" absence under this section. This subsection shall not 213
apply to children enrolled in a nonpublic school. 214
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Each of the following shall constitute a valid excuse for 215
temporary nonattendance of a compulsory-school-age child enrolled 216
in a noncharter public school, provided satisfactory evidence of 217
the excuse is provided to the superintendent of the school 218
district, or his designee: 219
(a) An absence is excused when the absence results from 220
the compulsory-school-age child's attendance at an authorized 221
school activity with the prior approval of the superintendent of 222
the school district, or his designee. These activities may 223
include field trips, athletic contests, student conventions, 224
musical festivals and any similar activity. 225
(b) An absence is excused when the absence results from 226
illness or injury which prevents the compulsory-school-age child 227
from being physically able to attend school. 228
(c) An absence is excused when isolation of a 229
compulsory-school-age child is ordered by the county health 230
officer, by the State Board of Health or appropriate school 231
official. 232
(d) An absence is excused when it results from the 233
death or serious illness of a member of the immediate family of a 234
compulsory-school-age child. The immediate family members of a 235
compulsory-school-age child shall include children, spouse, 236
grandparents, parents, brothers and sisters, including 237
stepbrothers and stepsisters. 238
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(e) An absence is excused when it results from a 239
medical or dental appointment of a compulsory-school-age child. 240
(f) An absence is excused when it results from the 241
attendance of a compulsory-school-age child at the proceedings of 242
a court or an administrative tribunal if the child is a party to 243
the action or under subpoena as a witness. 244
(g) An absence may be excused if the religion to which 245
the compulsory-school-age child or the child's parents adheres, 246
requires or suggests the observance of a religious event. The 247
approval of the absence is within the discretion of the 248
superintendent of the school district, or his designee, but 249
approval should be granted unless the religion's observance is of 250
such duration as to interfere with the education of the child. 251
(h) An absence may be excused when it is demonstrated 252
to the satisfaction of the superintendent of the school district, 253
or his designee, that the purpose of the absence is to take 254
advantage of a valid educational opportunity such as travel, 255
including vacations or other family travel. Approval of the 256
absence must be gained from the superintendent of the school 257
district, or his designee, before the absence, but the approval 258
shall not be unreasonably withheld. 259
(i) An absence may be excused when it is demonstrated 260
to the satisfaction of the superintendent of the school district, 261
or his designee, that conditions are sufficient to warrant the 262
compulsory-school-age child's nonattendance. However, no absences 263
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shall be excused by the school district superintendent, or his 264
designee, when any student suspensions or expulsions circumvent 265
the intent and spirit of the compulsory attendance law. 266
(j) An absence is excused when it results from the 267
attendance of a compulsory-school-age child participating in 268
official organized events sponsored by the 4-H or Future Farmers 269
of America (FFA). The excuse for the 4-H or FFA event must be 270
provided in writing to the appropriate school superintendent by 271
the Extension Agent or High School Agricultural Instructor/FFA 272
Advisor. 273
(k) An absence is excused when it results from the 274
compulsory-school-age child officially being employed to serve as 275
a page at the State Capitol for the Mississippi House of 276
Representatives or Senate. 277
(5) Any parent, guardian or custodian of a 278
compulsory-school-age child subject to this section who refuses or 279
willfully fails to perform any of the duties imposed upon him or 280
her under this section or who intentionally falsifies any 281
information required to be contained in a certificate of 282
enrollment, shall be guilty of contributing to the neglect of a 283
child and, upon conviction, shall be punished in accordance with 284
Section 97-5-39. 285
Upon prosecution of a parent, guardian or custodian of a 286
compulsory-school-age child for violation of this section, the 287
presentation of evidence by the prosecutor that shows that the 288
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child has not been enrolled in school within eighteen (18) 289
calendar days after the first day of the school year of the public 290
school which the child is eligible to attend, or that the child 291
has accumulated twelve (12) unlawful absences during the school 292
year at the public school in which the child has been enrolled, 293
shall establish a prima facie case that the child's parent, 294
guardian or custodian is responsible for the absences and has 295
refused or willfully failed to perform the duties imposed upon him 296
or her under this section. However, no proceedings under this 297
section shall be brought against a parent, guardian or custodian 298
of a compulsory-school-age child unless the school attendance 299
officer has contacted promptly the home of the child and has 300
provided written notice to the parent, guardian or custodian of 301
the requirement for the child's enrollment or attendance. 302
(6) If a compulsory-school-age child has not been enrolled 303
in a school within fifteen (15) calendar days after the first day 304
of the school year of the school which the child is eligible to 305
attend or the child has accumulated five (5) unlawful absences 306
during the school year of the public school in which the child is 307
enrolled, the school district superintendent, or his designee, 308
shall report, within two (2) school days or within five (5) 309
calendar days, whichever is less, the absences to the school 310
attendance officer. The State Department of Education shall 311
prescribe a uniform method for schools to utilize in reporting the 312
unlawful absences to the school attendance officer. The 313
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superintendent, or his designee, also shall report any student 314
suspensions or student expulsions to the school attendance officer 315
when they occur. 316
(7) When a school attendance officer has made all attempts 317
to secure enrollment and/or attendance of a compulsory-school-age 318
child and is unable to effect the enrollment and/or attendance, 319
the attendance officer shall file a petition with the youth court 320
under Section 43-21-451 or shall file a petition in a court of 321
competent jurisdiction as it pertains to parent or child. 322
Sheriffs, deputy sheriffs and municipal law enforcement officers 323
shall be fully authorized to investigate all cases of 324
nonattendance and unlawful absences by compulsory-school-age 325
children, and shall be authorized to file a petition with the 326
youth court under Section 43-21-451 or file a petition or 327
information in the court of competent jurisdiction as it pertains 328
to parent or child for violation of this section. The youth court 329
shall expedite a hearing to make an appropriate adjudication and a 330
disposition to ensure compliance with the Compulsory School 331
Attendance Law, and may order the child to enroll or re-enroll in 332
school. The superintendent of the school district to which the 333
child is ordered may assign, in his discretion, the child to the 334
alternative school program of the school established pursuant to 335
Section 37-13-92. 336
(8) The State Board of Education shall adopt rules and 337
regulations for the purpose of reprimanding any school 338
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ST: Compulsory School Attendance; revise and
require social workers.
superintendents who fail to timely report unexcused absences under 339
the provisions of this section. 340
(9) Notwithstanding any provision or implication herein to 341
the contrary, it is not the intention of this section to impair 342
the primary right and the obligation of the parent or parents, or 343
person or persons in loco parentis to a child, to choose the 344
proper education and training for such child, and nothing in this 345
section shall ever be construed to grant, by implication or 346
otherwise, to the State of Mississippi, any of its officers, 347
agencies or subdivisions any right or authority to control, 348
manage, supervise or make any suggestion as to the control, 349
management or supervision of any private or parochial school or 350
institution for the education or training of children, of any kind 351
whatsoever that is not a public school according to the laws of 352
this state; and this section shall never be construed so as to 353
grant, by implication or otherwise, any right or authority to any 354
state agency or other entity to control, manage, supervise, 355
provide for or affect the operation, management, program, 356
curriculum, admissions policy or discipline of any such school or 357
home instruction program. 358
SECTION 3. This act shall take effect and be in force from 359
and after July 1, 2026. 360