Compulsory school attendance; require youth court petition after third unlawful absence and authorize community service for violations.

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To: Education; Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 170

AN ACT TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE A SCHOOL ATTENDANCE OFFICER TO FILE A PETITION WITH THE 2
YOUTH COURT AFTER A CHILD'S THIRD UNLAWFUL ABSENCE DURING A SCHOOL 3
YEAR; TO PROVIDE THAT THE YOUTH COURT MAY ORDER SUCH CHILD TO 4
COMPLETE 16 HOURS OF COMMUNITY SERVICE, WHICH MUST BE COMPLETED 5
WITHIN 30 DAYS OF THE CHILD BEING ADJUDICATED; TO AMEND SECTION 6
43-21-621, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND 7
FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 37-13-91, Mississippi Code of 1972, is 10
amended as follows: 11
37-13-91. (1) This section shall be referred to as the 12
"Mississippi Compulsory School Attendance Law." 13
(2) The following terms as used in this section are defined 14
as follows: 15
(a) "Parent" means the father or mother to whom a child 16
has been born, or the father or mother by whom a child has been 17
legally adopted. 18
(b) "Guardian" means a guardian of the person of a 19
child, other than a parent, who is legally appointed by a court of 20
competent jurisdiction. 21
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(c) "Custodian" means any person having the present 22
care or custody of a child, other than a parent or guardian of the 23
child. 24
(d) "School day" means not less than five and one-half 25
(5-1/2) and not more than eight (8) hours of actual teaching in 26
which both teachers and pupils are in regular attendance for 27
scheduled schoolwork. 28
(e) "School" means any public school, including a 29
charter school, in this state or any nonpublic school in this 30
state which is in session each school year for at least one 31
hundred eighty (180) school days, except that the "nonpublic" 32
school term shall be the number of days that each school shall 33
require for promotion from grade to grade. 34
(f) "Compulsory-school-age child" means a child who has 35
attained or will attain the age of six (6) years on or before 36
September 1 of the calendar year and who has not attained the age 37
of seventeen (17) years on or before September 1 of the calendar 38
year; and shall include any child who has attained or will attain 39
the age of five (5) years on or before September 1 and has 40
enrolled in a full-day public school kindergarten program. 41
(g) "School attendance officer" means a person employed 42
by the State Department of Education pursuant to Section 37-13-89. 43
(h) "Appropriate school official" means the 44
superintendent of the school district, or his designee, or, in the 45
case of a nonpublic school, the principal or the headmaster. 46
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(i) "Nonpublic school" means an institution for the 47
teaching of children, consisting of a physical plant, whether 48
owned or leased, including a home, instructional staff members and 49
students, and which is in session each school year. This 50
definition shall include, but not be limited to, private, church, 51
parochial and home instruction programs. 52
(3) A parent, guardian or custodian of a 53
compulsory-school-age child in this state shall cause the child to 54
enroll in and attend a public school or legitimate nonpublic 55
school for the period of time that the child is of compulsory 56
school age, except under the following circumstances: 57
(a) When a compulsory-school-age child is physically, 58
mentally or emotionally incapable of attending school as 59
determined by the appropriate school official based upon 60
sufficient medical documentation. 61
(b) When a compulsory-school-age child is enrolled in 62
and pursuing a course of special education, remedial education or 63
education for children with physical or mental disadvantages or 64
disabilities. 65
(c) When a compulsory-school-age child is being 66
educated in a legitimate home instruction program. 67
The parent, guardian or custodian of a compulsory-school-age 68
child described in this subsection, or the parent, guardian or 69
custodian of a compulsory-school-age child attending any charter 70
school or nonpublic school, or the appropriate school official for 71
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any or all children attending a charter school or nonpublic school 72
shall complete a "certificate of enrollment" in order to 73
facilitate the administration of this section. 74
The form of the certificate of enrollment shall be prepared 75
by the Office of Compulsory School Attendance Enforcement of the 76
State Department of Education and shall be designed to obtain the 77
following information only: 78
(i) The name, address, telephone number and date 79
of birth of the compulsory-school-age child; 80
(ii) The name, address and telephone number of the 81
parent, guardian or custodian of the compulsory-school-age child; 82
(iii) A simple description of the type of 83
education the compulsory-school-age child is receiving and, if the 84
child is enrolled in a nonpublic school, the name and address of 85
the school; and 86
(iv) The signature of the parent, guardian or 87
custodian of the compulsory-school-age child or, for any or all 88
compulsory-school-age child or children attending a charter school 89
or nonpublic school, the signature of the appropriate school 90
official and the date signed. 91
The certificate of enrollment shall be returned to the school 92
attendance officer where the child resides on or before September 93
15 of each year. Any parent, guardian or custodian found by the 94
school attendance officer to be in noncompliance with this section 95
shall comply, after written notice of the noncompliance by the 96
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school attendance officer, with this subsection within ten (10) 97
days after the notice or be in violation of this section. 98
However, in the event the child has been enrolled in a public 99
school within fifteen (15) calendar days after the first day of 100
the school year as required in subsection (6), the parent or 101
custodian may, at a later date, enroll the child in a legitimate 102
nonpublic school or legitimate home instruction program and send 103
the certificate of enrollment to the school attendance officer and 104
be in compliance with this subsection. 105
For the purposes of this subsection, a legitimate nonpublic 106
school or legitimate home instruction program shall be those not 107
operated or instituted for the purpose of avoiding or 108
circumventing the compulsory attendance law. 109
(4) An "unlawful absence" is an absence for an entire school 110
day or during part of a school day by a compulsory-school-age 111
child, which absence is not due to a valid excuse for temporary 112
nonattendance. For purposes of reporting absenteeism under 113
subsection (6) of this section, if a compulsory-school-age child 114
has an absence that is more than thirty-seven percent (37%) of the 115
instructional day, as fixed by the school board for the school at 116
which the compulsory-school-age child is enrolled, the child must 117
be considered absent the entire school day. Days missed from 118
school due to disciplinary suspension shall not be considered an 119
"excused" absence under this section. This subsection shall not 120
apply to children enrolled in a nonpublic school. 121
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Each of the following shall constitute a valid excuse for 122
temporary nonattendance of a compulsory-school-age child enrolled 123
in a noncharter public school, provided satisfactory evidence of 124
the excuse is provided to the superintendent of the school 125
district, or his designee: 126
(a) An absence is excused when the absence results from 127
the compulsory-school-age child's attendance at an authorized 128
school activity with the prior approval of the superintendent of 129
the school district, or his designee. These activities may 130
include field trips, athletic contests, student conventions, 131
musical festivals and any similar activity. 132
(b) An absence is excused when the absence results from 133
illness or injury which prevents the compulsory-school-age child 134
from being physically able to attend school. 135
(c) An absence is excused when isolation of a 136
compulsory-school-age child is ordered by the county health 137
officer, by the State Board of Health or appropriate school 138
official. 139
(d) An absence is excused when it results from the 140
death or serious illness of a member of the immediate family of a 141
compulsory-school-age child. The immediate family members of a 142
compulsory-school-age child shall include children, spouse, 143
grandparents, parents, brothers and sisters, including 144
stepbrothers and stepsisters. 145
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(e) An absence is excused when it results from a 146
medical or dental appointment of a compulsory-school-age child. 147
(f) An absence is excused when it results from the 148
attendance of a compulsory-school-age child at the proceedings of 149
a court or an administrative tribunal if the child is a party to 150
the action or under subpoena as a witness. 151
(g) An absence may be excused if the religion to which 152
the compulsory-school-age child or the child's parents adheres, 153
requires or suggests the observance of a religious event. The 154
approval of the absence is within the discretion of the 155
superintendent of the school district, or his designee, but 156
approval should be granted unless the religion's observance is of 157
such duration as to interfere with the education of the child. 158
(h) An absence may be excused when it is demonstrated 159
to the satisfaction of the superintendent of the school district, 160
or his designee, that the purpose of the absence is to take 161
advantage of a valid educational opportunity such as travel, 162
including vacations or other family travel. Approval of the 163
absence must be gained from the superintendent of the school 164
district, or his designee, before the absence, but the approval 165
shall not be unreasonably withheld. 166
(i) An absence may be excused when it is demonstrated 167
to the satisfaction of the superintendent of the school district, 168
or his designee, that conditions are sufficient to warrant the 169
compulsory-school-age child's nonattendance. However, no absences 170
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shall be excused by the school district superintendent, or his 171
designee, when any student suspensions or expulsions circumvent 172
the intent and spirit of the compulsory attendance law. 173
(j) An absence is excused when it results from the 174
attendance of a compulsory-school-age child participating in 175
official organized events sponsored by the 4-H or Future Farmers 176
of America (FFA). The excuse for the 4-H or FFA event must be 177
provided in writing to the appropriate school superintendent by 178
the Extension Agent or High School Agricultural Instructor/FFA 179
Advisor. 180
(k) An absence is excused when it results from the 181
compulsory-school-age child officially being employed to serve as 182
a page at the State Capitol for the Mississippi House of 183
Representatives or Senate. 184
(5) Any parent, guardian or custodian of a 185
compulsory-school-age child subject to this section who refuses or 186
willfully fails to perform any of the duties imposed upon him or 187
her under this section or who intentionally falsifies any 188
information required to be contained in a certificate of 189
enrollment, shall be guilty of contributing to the neglect of a 190
child and, upon conviction, shall be punished in accordance with 191
Section 97-5-39. 192
Upon prosecution of a parent, guardian or custodian of a 193
compulsory-school-age child for violation of this section, the 194
presentation of evidence by the prosecutor that shows that the 195
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child has not been enrolled in school within eighteen (18) 196
calendar days after the first day of the school year of the public 197
school which the child is eligible to attend, or that the child 198
has accumulated twelve (12) unlawful absences during the school 199
year at the public school in which the child has been enrolled, 200
shall establish a prima facie case that the child's parent, 201
guardian or custodian is responsible for the absences and has 202
refused or willfully failed to perform the duties imposed upon him 203
or her under this section. However, no proceedings under this 204
section shall be brought against a parent, guardian or custodian 205
of a compulsory-school-age child unless the school attendance 206
officer has contacted promptly the home of the child and has 207
provided written notice to the parent, guardian or custodian of 208
the requirement for the child's enrollment or attendance. 209
(6) If a compulsory-school-age child has not been enrolled 210
in a school within fifteen (15) calendar days after the first day 211
of the school year of the school which the child is eligible to 212
attend or the child has accumulated five (5) unlawful absences 213
during the school year of the public school in which the child is 214
enrolled, the school district superintendent, or his designee, 215
shall report, within two (2) school days or within five (5) 216
calendar days, whichever is less, the absences to the school 217
attendance officer. The State Department of Education shall 218
prescribe a uniform method for schools to utilize in reporting the 219
unlawful absences to the school attendance officer. The 220
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superintendent, or his designee, also shall report any student 221
suspensions or student expulsions to the school attendance officer 222
when they occur. 223
(7) When a school attendance officer has made all attempts 224
to secure enrollment and/or attendance of a compulsory-school-age 225
child and is unable to effect the enrollment and/or attendance, 226
after the child's third unlawful absence during a school year, the 227
attendance officer shall file a petition with the youth court 228
under Section 43-21-451 or shall file a petition in a court of 229
competent jurisdiction as it pertains to parent or child. 230
Sheriffs, deputy sheriffs and municipal law enforcement officers 231
shall be fully authorized to investigate all cases of 232
nonattendance and unlawful absences by compulsory-school-age 233
children, and shall be authorized to file a petition with the 234
youth court under Section 43-21-451 or file a petition or 235
information in the court of competent jurisdiction as it pertains 236
to parent or child for violation of this section. The youth court 237
shall expedite a hearing to make an appropriate adjudication and a 238
disposition to ensure compliance with the Compulsory School 239
Attendance Law, and may order the child to enroll or re-enroll in 240
school and may require the child to complete sixteen (16) hours of 241
community service within thirty (30) days of the child being 242
adjudicated. The superintendent of the school district to which 243
the child is ordered may assign, in his discretion, the child to 244
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the alternative school program of the school established pursuant 245
to Section 37-13-92. 246
(8) The State Board of Education shall adopt rules and 247
regulations for the purpose of reprimanding any school 248
superintendents who fail to timely report unexcused absences under 249
the provisions of this section. 250
(9) Notwithstanding any provision or implication herein to 251
the contrary, it is not the intention of this section to impair 252
the primary right and the obligation of the parent or parents, or 253
person or persons in loco parentis to a child, to choose the 254
proper education and training for such child, and nothing in this 255
section shall ever be construed to grant, by implication or 256
otherwise, to the State of Mississippi, any of its officers, 257
agencies or subdivisions any right or authority to control, 258
manage, supervise or make any suggestion as to the control, 259
management or supervision of any private or parochial school or 260
institution for the education or training of children, of any kind 261
whatsoever that is not a public school according to the laws of 262
this state; and this section shall never be construed so as to 263
grant, by implication or otherwise, any right or authority to any 264
state agency or other entity to control, manage, supervise, 265
provide for or affect the operation, management, program, 266
curriculum, admissions policy or discipline of any such school or 267
home instruction program. 268
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SECTION 2. Section 43-21-621, Mississippi Code of 1972, is 269
amended as follows: 270
43-21-621. (1) The youth court may, in compliance with the 271
laws governing education of children, order any state-supported 272
public school in its jurisdiction after notice and hearing to 273
enroll or reenroll any compulsory-school-age child in school, and 274
further order appropriate educational services. * * * 275
However, * * * the youth court shall not order the enrollment or 276
reenrollment of a student that has been suspended or expelled by a 277
public school pursuant to Section 37-9-71 or 37-7-301 for 278
possession of a weapon on school grounds, for an offense involving 279
a threat to the safety of other persons or for the commission of a 280
violent act. For the purpose of this section "violent act" means 281
any action which results in death or physical harm to another or 282
an attempt to cause death or physical harm to another. The 283
superintendent of the school district to which such child is 284
ordered may, in his discretion, assign such child to the 285
alternative school program of such school established pursuant to 286
Section 37-13-92 * * *. The court shall have jurisdiction to 287
enforce school and education laws. Nothing in this section shall 288
be construed to affect the attendance of a child in a legitimate 289
home instruction program. 290
(2) The youth court may specify the following conditions of 291
probation related to any juvenile ordered to enroll or reenroll in 292
school: 293
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ST: Compulsory school attendance; require youth
court petition after third unlawful absence and
authorize community service for violations.
(a) That the juvenile maintain passing grades in up to 294
four (4) courses during each grading period and meet with the 295
court counselor and a representative of the school to make a plan 296
for how to maintain those passing grades * * *; and 297
(b) That the juvenile complete sixteen (16) hours of 298
community service, as authorized under Section 37-13-91. 299
(3) If the adjudication of delinquency was for an offense 300
involving a threat to the safety of the juvenile or others and 301
school attendance is a condition of probation, the youth court 302
judge shall make a finding that the principal of the juvenile's 303
school should be notified. If the judge orders that the principal 304
be notified, the youth court counselor shall within five (5) days 305
or before the juvenile begins to attend school, whichever occurs 306
first, notify the principal of the juvenile's school in writing of 307
the nature of the offense and the probation requirements related 308
to school attendance. A principal notified by a juvenile court 309
counselor shall handle the report according to the guidelines and 310
rules adopted by the State Board of Education. 311
* * * 312
SECTION 3. This act shall take effect and be in force from 313
and after July 1, 2026. 314