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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Scott
HOUSE BILL NO. 173
AN ACT TO AMEND SECTION 37-15-9, MISSISSIPPI CODE OF 1972, TO 1
ALLOW ANY STUDENT WHO REACHES THE AGE OF SIX ON OR BEFORE DECEMBER 2
31 TO ENROLL IN FIRST GRADE AT THE START OF THE SCHOOL YEAR DURING 3
WHICH THE CHILD ATTAINS THE AGE OF SIX; TO AMEND SECTION 37-13-91, 4
MISSISSIPPI CODE OF 1972, TO INCLUDE STUDENTS WHO ARE ENROLLED AT 5
THE START OF A SCHOOL YEAR DURING WHICH THEY ATTAIN THE AGE OF SIX 6
ON OR BEFORE DECEMBER 31 IN THE DEFINITION OF 7
"COMPULSORY-SCHOOL-AGE CHILD"; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 37-15-9, Mississippi Code of 1972, is 10
amended as follows: 11
37-15-9. (1) Except as provided in subsection (2) and 12
subject to the provisions of subsection (3) of this section, no 13
child shall be enrolled or admitted to any kindergarten which is a 14
part of a public school during any school year unless such child 15
will reach his fifth birthday on or before September 1 of * * * 16
that school year * * *. Any child * * * who will reach his or her 17
sixth birthday on or before December 31 may be enrolled or 18
admitted to the first grade in any public school * * * at the 19
beginning of the school year * * * in which the child will attain 20
the ages of six (6) years. No pupil shall be permanently enrolled 21
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in a public school in the State of Mississippi who formerly was 22
enrolled in another public or private school within the state 23
until the cumulative record of the pupil shall have been received 24
from the school from which he transferred. Should such record 25
have become lost or destroyed, then it shall be the duty of the 26
superintendent or principal of the school where the pupil last 27
attended school to initiate a new record. 28
(2) Subject to the provisions of subsection (3) of this 29
section, any child who transfers from an out-of-state public or 30
private school in which that state's law provides for a 31
first-grade or kindergarten enrollment date subsequent to 32
September 1, shall be allowed to enroll in the public schools of 33
Mississippi, at the same grade level as their prior out-of-state 34
enrollment, if: 35
(a) The parent, legal guardian or custodian of such 36
child was a legal resident of the state from which the child is 37
transferring; 38
(b) The out-of-state school from which the child is 39
transferring is duly accredited by that state's appropriate 40
accrediting authority; 41
(c) Such child was legally enrolled in a public or 42
private school for a minimum of four (4) weeks in the previous 43
state; and 44
(d) The superintendent of schools in the applicable 45
Mississippi school district or the principal of a charter school, 46
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as the case may be, has determined that the child was making 47
satisfactory educational progress in the previous state. 48
(3) When any child applies for admission or enrollment in 49
any public school in the state, the parent, guardian or child, in 50
the absence of an accompanying parent or guardian, shall indicate 51
on the school registration form if the enrolling child has been 52
expelled from any public or private school or is currently a party 53
to an expulsion proceeding. If it is determined from the child's 54
cumulative record or application for admission or enrollment that 55
the child has been expelled, the school district or charter school 56
may deny the student admission and enrollment until the 57
superintendent of the school, or his designee, or principal of the 58
charter school, as the case may be, has reviewed the child's 59
cumulative record and determined that the child has participated 60
in successful rehabilitative efforts including, but not limited 61
to, progress in an alternative school or similar program. If the 62
child is a party to an expulsion proceeding, the child may be 63
admitted to a public school pending final disposition of the 64
expulsion proceeding. If the expulsion proceeding results in the 65
expulsion of the child, the public school may revoke such 66
admission to school. If the child was expelled or is a party to 67
an expulsion proceeding for an act involving violence, weapons, 68
alcohol, illegal drugs or other activity that may result in 69
expulsion, the school district or charter school shall not be 70
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required to grant admission or enrollment to the child before one 71
(1) calendar year after the date of the expulsion. 72
SECTION 2. Section 37-13-91, Mississippi Code of 1972, is 73
amended as follows: 74
37-13-91. (1) This section shall be referred to as the 75
"Mississippi Compulsory School Attendance Law." 76
(2) The following terms as used in this section are defined 77
as follows: 78
(a) "Parent" means the father or mother to whom a child 79
has been born, or the father or mother by whom a child has been 80
legally adopted. 81
(b) "Guardian" means a guardian of the person of a 82
child, other than a parent, who is legally appointed by a court of 83
competent jurisdiction. 84
(c) "Custodian" means any person having the present 85
care or custody of a child, other than a parent or guardian of the 86
child. 87
(d) "School day" means not less than five and one-half 88
(5-1/2) and not more than eight (8) hours of actual teaching in 89
which both teachers and pupils are in regular attendance for 90
scheduled schoolwork. 91
(e) "School" means any public school, including a 92
charter school, in this state or any nonpublic school in this 93
state which is in session each school year for at least one 94
hundred eighty (180) school days, except that the "nonpublic" 95
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school term shall be the number of days that each school shall 96
require for promotion from grade to grade. 97
(f) "Compulsory-school-age child" means a child who has 98
attained or will attain the age of six (6) years on or before 99
September 1 of the calendar year and who has not attained the age 100
of seventeen (17) years on or before September 1 of the calendar 101
year * * *. "Compulsory-school-age child" * * * includes any 102
child who has attained or will attain the age of five (5) years on 103
or before September 1 and has enrolled in a full-day public school 104
kindergarten program and any child who will attain the age of six 105
(6) years on or before December 31 who has enrolled in first grade 106
at the beginning of the school year in which the child will attain 107
the age of six (6) years. 108
(g) "School attendance officer" means a person employed 109
by the State Department of Education pursuant to Section 37-13-89. 110
(h) "Appropriate school official" means the 111
superintendent of the school district, or his designee, or, in the 112
case of a nonpublic school, the principal or the headmaster. 113
(i) "Nonpublic school" means an institution for the 114
teaching of children, consisting of a physical plant, whether 115
owned or leased, including a home, instructional staff members and 116
students, and which is in session each school year. This 117
definition shall include, but not be limited to, private, church, 118
parochial and home instruction programs. 119
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(3) A parent, guardian or custodian of a 120
compulsory-school-age child in this state shall cause the child to 121
enroll in and attend a public school or legitimate nonpublic 122
school for the period of time that the child is of compulsory 123
school age, except under the following circumstances: 124
(a) When a compulsory-school-age child is physically, 125
mentally or emotionally incapable of attending school as 126
determined by the appropriate school official based upon 127
sufficient medical documentation. 128
(b) When a compulsory-school-age child is enrolled in 129
and pursuing a course of special education, remedial education or 130
education for children with physical or mental disadvantages or 131
disabilities. 132
(c) When a compulsory-school-age child is being 133
educated in a legitimate home instruction program. 134
The parent, guardian or custodian of a compulsory-school-age 135
child described in this subsection, or the parent, guardian or 136
custodian of a compulsory-school-age child attending any charter 137
school or nonpublic school, or the appropriate school official for 138
any or all children attending a charter school or nonpublic school 139
shall complete a "certificate of enrollment" in order to 140
facilitate the administration of this section. 141
The form of the certificate of enrollment shall be prepared 142
by the Office of Compulsory School Attendance Enforcement of the 143
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State Department of Education and shall be designed to obtain the 144
following information only: 145
(i) The name, address, telephone number and date 146
of birth of the compulsory-school-age child; 147
(ii) The name, address and telephone number of the 148
parent, guardian or custodian of the compulsory-school-age child; 149
(iii) A simple description of the type of 150
education the compulsory-school-age child is receiving and, if the 151
child is enrolled in a nonpublic school, the name and address of 152
the school; and 153
(iv) The signature of the parent, guardian or 154
custodian of the compulsory-school-age child or, for any or all 155
compulsory-school-age child or children attending a charter school 156
or nonpublic school, the signature of the appropriate school 157
official and the date signed. 158
The certificate of enrollment shall be returned to the school 159
attendance officer where the child resides on or before September 160
15 of each year. Any parent, guardian or custodian found by the 161
school attendance officer to be in noncompliance with this section 162
shall comply, after written notice of the noncompliance by the 163
school attendance officer, with this subsection within ten (10) 164
days after the notice or be in violation of this section. 165
However, in the event the child has been enrolled in a public 166
school within fifteen (15) calendar days after the first day of 167
the school year as required in subsection (6), the parent or 168
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custodian may, at a later date, enroll the child in a legitimate 169
nonpublic school or legitimate home instruction program and send 170
the certificate of enrollment to the school attendance officer and 171
be in compliance with this subsection. 172
For the purposes of this subsection, a legitimate nonpublic 173
school or legitimate home instruction program shall be those not 174
operated or instituted for the purpose of avoiding or 175
circumventing the compulsory attendance law. 176
(4) An "unlawful absence" is an absence for an entire school 177
day or during part of a school day by a compulsory-school-age 178
child, which absence is not due to a valid excuse for temporary 179
nonattendance. For purposes of reporting absenteeism under 180
subsection (6) of this section, if a compulsory-school-age child 181
has an absence that is more than thirty-seven percent (37%) of the 182
instructional day, as fixed by the school board for the school at 183
which the compulsory-school-age child is enrolled, the child must 184
be considered absent the entire school day. Days missed from 185
school due to disciplinary suspension shall not be considered an 186
"excused" absence under this section. This subsection shall not 187
apply to children enrolled in a nonpublic school. 188
Each of the following shall constitute a valid excuse for 189
temporary nonattendance of a compulsory-school-age child enrolled 190
in a noncharter public school, provided satisfactory evidence of 191
the excuse is provided to the superintendent of the school 192
district, or his designee: 193
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(a) An absence is excused when the absence results from 194
the compulsory-school-age child's attendance at an authorized 195
school activity with the prior approval of the superintendent of 196
the school district, or his designee. These activities may 197
include field trips, athletic contests, student conventions, 198
musical festivals and any similar activity. 199
(b) An absence is excused when the absence results from 200
illness or injury which prevents the compulsory-school-age child 201
from being physically able to attend school. 202
(c) An absence is excused when isolation of a 203
compulsory-school-age child is ordered by the county health 204
officer, by the State Board of Health or appropriate school 205
official. 206
(d) An absence is excused when it results from the 207
death or serious illness of a member of the immediate family of a 208
compulsory-school-age child. The immediate family members of a 209
compulsory-school-age child shall include children, spouse, 210
grandparents, parents, brothers and sisters, including 211
stepbrothers and stepsisters. 212
(e) An absence is excused when it results from a 213
medical or dental appointment of a compulsory-school-age child. 214
(f) An absence is excused when it results from the 215
attendance of a compulsory-school-age child at the proceedings of 216
a court or an administrative tribunal if the child is a party to 217
the action or under subpoena as a witness. 218
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(g) An absence may be excused if the religion to which 219
the compulsory-school-age child or the child's parents adheres, 220
requires or suggests the observance of a religious event. The 221
approval of the absence is within the discretion of the 222
superintendent of the school district, or his designee, but 223
approval should be granted unless the religion's observance is of 224
such duration as to interfere with the education of the child. 225
(h) An absence may be excused when it is demonstrated 226
to the satisfaction of the superintendent of the school district, 227
or his designee, that the purpose of the absence is to take 228
advantage of a valid educational opportunity such as travel, 229
including vacations or other family travel. Approval of the 230
absence must be gained from the superintendent of the school 231
district, or his designee, before the absence, but the approval 232
shall not be unreasonably withheld. 233
(i) An absence may be excused when it is demonstrated 234
to the satisfaction of the superintendent of the school district, 235
or his designee, that conditions are sufficient to warrant the 236
compulsory-school-age child's nonattendance. However, no absences 237
shall be excused by the school district superintendent, or his 238
designee, when any student suspensions or expulsions circumvent 239
the intent and spirit of the compulsory attendance law. 240
(j) An absence is excused when it results from the 241
attendance of a compulsory-school-age child participating in 242
official organized events sponsored by the 4-H or Future Farmers 243
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of America (FFA). The excuse for the 4-H or FFA event must be 244
provided in writing to the appropriate school superintendent by 245
the Extension Agent or High School Agricultural Instructor/FFA 246
Advisor. 247
(k) An absence is excused when it results from the 248
compulsory-school-age child officially being employed to serve as 249
a page at the State Capitol for the Mississippi House of 250
Representatives or Senate. 251
(5) Any parent, guardian or custodian of a 252
compulsory-school-age child subject to this section who refuses or 253
willfully fails to perform any of the duties imposed upon him or 254
her under this section or who intentionally falsifies any 255
information required to be contained in a certificate of 256
enrollment, shall be guilty of contributing to the neglect of a 257
child and, upon conviction, shall be punished in accordance with 258
Section 97-5-39. 259
Upon prosecution of a parent, guardian or custodian of a 260
compulsory-school-age child for violation of this section, the 261
presentation of evidence by the prosecutor that shows that the 262
child has not been enrolled in school within eighteen (18) 263
calendar days after the first day of the school year of the public 264
school which the child is eligible to attend, or that the child 265
has accumulated twelve (12) unlawful absences during the school 266
year at the public school in which the child has been enrolled, 267
shall establish a prima facie case that the child's parent, 268
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guardian or custodian is responsible for the absences and has 269
refused or willfully failed to perform the duties imposed upon him 270
or her under this section. However, no proceedings under this 271
section shall be brought against a parent, guardian or custodian 272
of a compulsory-school-age child unless the school attendance 273
officer has contacted promptly the home of the child and has 274
provided written notice to the parent, guardian or custodian of 275
the requirement for the child's enrollment or attendance. 276
(6) If a compulsory-school-age child has not been enrolled 277
in a school within fifteen (15) calendar days after the first day 278
of the school year of the school which the child is eligible to 279
attend or the child has accumulated five (5) unlawful absences 280
during the school year of the public school in which the child is 281
enrolled, the school district superintendent, or his designee, 282
shall report, within two (2) school days or within five (5) 283
calendar days, whichever is less, the absences to the school 284
attendance officer. The State Department of Education shall 285
prescribe a uniform method for schools to utilize in reporting the 286
unlawful absences to the school attendance officer. The 287
superintendent, or his designee, also shall report any student 288
suspensions or student expulsions to the school attendance officer 289
when they occur. 290
(7) When a school attendance officer has made all attempts 291
to secure enrollment and/or attendance of a compulsory-school-age 292
child and is unable to effect the enrollment and/or attendance, 293
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the attendance officer shall file a petition with the youth court 294
under Section 43-21-451 or shall file a petition in a court of 295
competent jurisdiction as it pertains to parent or child. 296
Sheriffs, deputy sheriffs and municipal law enforcement officers 297
shall be fully authorized to investigate all cases of 298
nonattendance and unlawful absences by compulsory-school-age 299
children, and shall be authorized to file a petition with the 300
youth court under Section 43-21-451 or file a petition or 301
information in the court of competent jurisdiction as it pertains 302
to parent or child for violation of this section. The youth court 303
shall expedite a hearing to make an appropriate adjudication and a 304
disposition to ensure compliance with the Compulsory School 305
Attendance Law, and may order the child to enroll or re-enroll in 306
school. The superintendent of the school district to which the 307
child is ordered may assign, in his discretion, the child to the 308
alternative school program of the school established pursuant to 309
Section 37-13-92. 310
(8) The State Board of Education shall adopt rules and 311
regulations for the purpose of reprimanding any school 312
superintendents who fail to timely report unexcused absences under 313
the provisions of this section. 314
(9) Notwithstanding any provision or implication herein to 315
the contrary, it is not the intention of this section to impair 316
the primary right and the obligation of the parent or parents, or 317
person or persons in loco parentis to a child, to choose the 318
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ST: First grade enrollment; allow child who
turns six on or before December 31 to start at
beginning of that school year.
proper education and training for such child, and nothing in this 319
section shall ever be construed to grant, by implication or 320
otherwise, to the State of Mississippi, any of its officers, 321
agencies or subdivisions any right or authority to control, 322
manage, supervise or make any suggestion as to the control, 323
management or supervision of any private or parochial school or 324
institution for the education or training of children, of any kind 325
whatsoever that is not a public school according to the laws of 326
this state; and this section shall never be construed so as to 327
grant, by implication or otherwise, any right or authority to any 328
state agency or other entity to control, manage, supervise, 329
provide for or affect the operation, management, program, 330
curriculum, admissions policy or discipline of any such school or 331
home instruction program. 332
SECTION 3. This act shall take effect and be in force from 333
and after July 1, 2026. 334