School districts; require drug testing of truant students in Grade 6-12.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 225

AN ACT TO REQUIRE DRUG TESTING OF PUBLIC SCHOOL STUDENTS IN 1
GRADES SIX THROUGH TWELVE WHO HAVE BEEN DEEMED TRUANT IN VIOLATION 2
OF ALLOWABLE ABSENCES UNDER THE "COMPULSORY SCHOOL ATTENDANCE 3
LAW"; TO DECLARE LEGISLATIVE FINDINGS RELATING TO STUDENT DRUG 4
USAGE AND THE PURPOSES OF THIS ACT; TO DEFINE CERTAIN TERMS USED 5
UNDER THE ACT; TO REQUIRE EACH LOCAL SCHOOL BOARD TO ADOPT A 6
POLICY REQUIRING DRUG TESTING STUDENTS IN GRADES SIX THROUGH 7
TWELVE WHO ARE EXCESSIVELY ABSENT AND TO PRESCRIBE CERTAIN 8
COMPONENTS THAT MUST BE IN THE POLICY, INCLUDING A PROVISION 9
REQUIRING A STUDENT'S PARENT TO PAY THE COST OF THE DRUG TEST; TO 10
PROVIDE FOR THE ACTIONS TO BE TAKEN WHEN A STUDENT'S DRUG TEST IS 11
POSITIVE; TO PROVIDE THAT STUDENT DRUG TESTS WILL BE ADMINISTERED 12
BY THE COUNTY HEALTH DEPARTMENT AND TO PRESCRIBE THE MANNER IN 13
WHICH THE TESTING MUST BE PERFORMED; TO PROVIDE FOR THE DISCLOSURE 14
OF POSITIVE TEST RESULTS AND TO REQUIRE INFORMATION RELATING TO A 15
STUDENT'S DRUG TEST TO BE KEPT CONFIDENTIAL AND SEPARATE FROM THE 16
STUDENT'S CUMULATIVE FOLDER; TO AUTHORIZE A STUDENT TO PRESENT 17
EVIDENCE OF THE PROPER USE OF A PRESCRIPTION MEDICATION AS AN 18
AFFIRMATIVE DEFENSE TO A POSITIVE DRUG TEST; TO AUTHORIZE SCHOOL 19
DISTRICTS TO OFFER IN-SCHOOL COUNSELING OR REFERRAL INFORMATION 20
FOR STUDENTS TESTING POSITIVE FOR DRUGS; TO REQUIRE THE STATE 21
BOARD OF EDUCATION, IN CONSULTATION WITH THE STATE BOARD OF HEALTH 22
AND DEPARTMENT OF MENTAL HEALTH, TO ADOPT RULES AND REGULATIONS 23
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT; TO REQUIRE THE 24
STATE DEPARTMENT OF EDUCATION TO PREPARE A MODEL DRUG TESTING 25
POLICY FOR SCHOOL DISTRICTS; TO AMEND SECTION 37-13-91, 26
MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING 27
PROVISIONS; AND FOR RELATED PURPOSES. 28
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 29
SECTION 1. (1) The Legislature finds that: 30
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(a) Many school districts within the state have a 31
problem with students who use drugs and alcohol; 32
(b) Substance use is a serious threat to student health 33
and safety and is a disruptive influence in the school setting; 34
(c) Preventing drug and illegal alcohol use by students 35
is a compelling educational and community interest in the State of 36
Mississippi; and 37
(d) Student drug testing program will create an 38
atmosphere that deters unruly behavior that warrants disciplinary 39
action and the use of drugs by students, as well as a means to 40
detect and inform parents of their child's substance involvement, 41
allowing for early intervention. 42
(2) The purposes of this act are to create a safe, drug free 43
environment for students and to protect students by seeking to 44
prevent them from harming themselves and others as a result of the 45
consumption of harmful substances. 46
SECTION 2. As used in this act, the following words and 47
phrases have the meanings ascribed in this section unless the 48
context clearly requires otherwise: 49
(a) "Confirmation test" means a second drug test on the 50
same specimen that uses an alternate method of equal or greater 51
sensitivity than that used in a previous drug test, used to 52
substantiate the results of the prior drug test on the specimen. 53
(b) "Drug" means an illegal drug or a prescription or 54
nonprescription medication. 55
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(c) "Drug test" means a chemical test administered for 56
the purpose of determining the presence or absence of a drug or 57
metabolites of a drug in a person's bodily fluids. 58
(d) "Illegal drug" means any substance, including 59
alcohol that is consumed by a person under the age of twenty-one 60
(21) years, having psychological and/or physiological effects on a 61
human being and that is not a prescription or nonprescription 62
medication, including controlled dangerous substances and 63
controlled substance analogs or volatile substances that produce 64
the psychological and/or physiological effects of a controlled 65
dangerous substance through deliberate introduction into the body. 66
(e) "Initial test" means an initial drug test to 67
determine the presence or absence of drugs or their metabolites in 68
specimens. 69
(f) "Positive test result" means a finding of the 70
presence of drugs or the metabolites of drugs in the specimen 71
tested. 72
(g) "Prescription" or "nonprescription medication" 73
means a drug prescribed for use by a duly licensed physician, 74
dentist or other medical practitioner licensed to issue 75
prescriptions or a drug that is authorized under federal or state 76
law for general distribution and use without a prescription in the 77
treatment of human diseases, ailments or injuries. 78
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(h) "Specimen" means a tissue or product of the human 79
body chemically capable of revealing the presence of drugs in the 80
human body. 81
SECTION 3. (1) Before the commencement of the 2026-2027 82
school year, the school board of each school district shall adopt 83
a policy requiring drug testing of all students enrolled in Grades 84
6 through 12 who have been deemed in violation of the district 85
truancy policy as a result of exceeding the total number of 86
allowable excused and unlawful absences under the provisions of 87
Section 37-13-91, the "Mississippi Compulsory School Attendance 88
Law." The policy shall provide: 89
(a) That the truant student shall be located by the 90
school attendance officer and drug tested, the results of which 91
shall be provided within seventy-two (72) hours of the student 92
being identified and located for purpose of drug testing. The 93
student must present evidence of having submitted to a drug test 94
that resulted in a negative screening before the student is 95
permitted to return to the classroom; and 96
(b) That if testing of the truant student results in a 97
positive screening, the school principal or licensed professional 98
counselor shall immediately refer the student to the Department of 99
Mental Health for Assessment, which shall make recommendations for 100
mental health and educational services and substance abuse 101
intervention, if determined to be necessary. 102
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(2) A copy of the policy must be provided to each student 103
and the student's parents, guardian or custodian no less than 104
thirty (30) days before the policy's implementation. Each student 105
and the student's parent, guardian or custodian must sign a 106
statement verifying that they have been given notice of the drug 107
testing policy. Any student who fails to comply with the 108
requirements of this section may not be readmitted to the school 109
until proof of compliance is presented to the principal of the 110
student's school. 111
(3) A school district's drug testing policy must comply with 112
this act and any rules and regulations that the State Board of 113
Education may adopt regarding drug testing policies. A policy 114
must include, but not necessarily be limited to, the following 115
provisions: 116
(a) The location and address of the county health 117
department to which a student selected for testing must report; 118
(b) Whether or not a confirmation test will be required 119
or permitted if a student's initial test is positive; 120
(c) A statement that the student's parent, guardian or 121
custodian is responsible for the cost of the initial test and any 122
confirmation test that may be conducted; 123
(d) A description of the help available through the 124
school district, the Mississippi Department of Mental Health and 125
other referral sources for students who have positive test 126
results; 127
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(e) An explanation as to whether or not test results 128
are cumulative throughout a student's tenure in the school 129
district or if test results from previous school years are 130
disregarded in subsequent years; 131
(f) A description of additional consequences to a 132
suspended student who refuses to submit to a drug test, including 133
whether or not a refusal may be construed as a drug-positive test; 134
(g) A clear description of who will have access of drug 135
testing results and the manner by which confidentiality will be 136
maintained; 137
(h) The manner in which a parent, guardian or custodian 138
will be informed of a child's positive test result; and 139
(i) The manner in which a student may challenge 140
positive test results, including a mechanism for students to 141
present evidence of the use of a prescription medication that may 142
have triggered a positive test result. 143
SECTION 4. (1) Whenever a school official receives 144
notification of a confirmed positive test result, the tested 145
student and the student's parents, guardian or custodian must be 146
informed in writing of the consequences of the positive test and 147
the options available to them. The information provided to the 148
student and the student's parents, guardian or custodian must 149
include what drug, including alcohol, was discovered. When 150
requested by the parents, guardian or custodian, copies of all 151
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analytical results must be made available from the county health 152
department. 153
(2) Within seventy-two (72) hours of receiving the test 154
results, a student who tests positive may request a re-test of the 155
original specimen, at the student's cost, by an independent 156
testing facility. 157
(3) A student who receives a positive result on a 158
confirmation test may submit, no later than five (5) school days 159
after receiving the results, information to the school explaining 160
the test results and reasons why the results do not constitute a 161
violation of the school district's drug testing policy. 162
(4) All student specimens testing negative on the initial 163
test or on the confirmation test must be reported as negative. 164
(5) Notwithstanding any other provision of law, a school 165
district shall not report positive drug test results to law 166
enforcement authorities or court officials. 167
SECTION 5. (1) All testing for drugs under this act must be 168
performed in accordance with the following procedures: 169
(a) The collection of specimens must be performed at 170
the county health department under such conditions that the 171
individual dignity of the student being testing is preserved to 172
the extent practicable; 173
(b) Specimens must be collected in a manner reasonably 174
calculated to prevent substitution of specimens and interference 175
with the collection or testing of specimens; 176
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(c) Specimen collection must be documented by chain of 177
custody procedures, including labeling of specimen containers to 178
reasonably preclude the likelihood of erroneous identification of 179
test results and other chain of custody protections; 180
(d) Specimen handling must be performed in a reasonable 181
manner to preclude specimen contamination or adulteration; 182
(e) The initial test must be in the form of the 183
urinalysis dipstick; and 184
(f) The type of any subsequent confirmation test must 185
be selected by the student from a list of approved tests made 186
available to the student by the school district or county health 187
department. 188
(2) A drug test requested by a school under this act must 189
occur immediately before, during or immediately after the regular 190
school day. 191
(3) Testing for drugs under this act may be only for the 192
presence of illegal drugs, legal drugs used illegally or alcohol 193
in the specimen. 194
(4) A confirmation test must use a method of equal or 195
greater reliability than the urinalysis dipstick used in the 196
initial test. If an initial test is negative, there may be no 197
requirement for a confirmation test. 198
(5) Tests must be conducted by properly trained persons 199
under circumstances that ensure the integrity, validity and 200
accuracy of the test results but are minimally intrusive and 201
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provide maximum privacy to the tested student. Specimens 202
confirmed as positive must be retained for possible retesting or 203
reanalysis. 204
SECTION 6. (1) A county health department shall disclose 205
only to school authorities test result data regarding the presence 206
or absence of a drug or alcohol or their metabolites in a specimen 207
tested. Positive test results from a student drug test may not be 208
used as evidence in a criminal action against the school district 209
or student tested. 210
(2) A student must be given access to information in the 211
student's personal file relating to positive test result reports 212
and other information acquired in the drug testing process, 213
including conclusions drawn from and actions taken based on the 214
reports and other acquired information. 215
(3) Information resulting from a drug test conducted 216
pursuant to this act must be kept confidential and may not be used 217
for law enforcement purposes; however, the information may be 218
utilized for disciplinary, statistical or research purposes. 219
(4) Test result reports and other information acquired in 220
the drug testing process must be deemed to be private and 221
confidential information and may not be disclosed by school 222
authorities or the county health department to another public or 223
nonpublic school or to a third party individual, governmental 224
agency or private organization without the written consent of the 225
student and the student's parents, guardian or custodian. 226
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(5) Each school shall maintain drug testing records separate 227
from the students' permanent records and cumulative folders. The 228
school may retain in a student's drug testing records information 229
indicating only the following: 230
(a) Evidence of the results of a student's drug test 231
presented to the school before the student's enrollment; 232
(b) The date of the drug test; 233
(c) The identity of the person performing the drug 234
test; and 235
(d) Whether the drug test finding was positive or 236
negative. 237
SECTION 7. Any student who receives a positive test result 238
may present through clear and convincing evidence, as an 239
affirmative defense, that the use of a drug was prescribed by a 240
licensed medical practitioner who is familiar with the student's 241
medical history and that the drug was used in accordance with 242
school district policies. 243
SECTION 8. A school district, in conjunction with a 244
student's parents, guardian or custodian, may offer in-school 245
counseling for any student whose test results are positive or 246
alternatively, may provide referral information for the purpose of 247
obtaining drug or other counseling as appropriate. Referral 248
information must include information on inpatient, outpatient and 249
community-based drug and alcohol treatment programs. 250
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SECTION 9. The State Board of Education, in consultation 251
with the State Board of Health and Department of Mental Health, 252
shall adopt any rules and regulations that may be necessary to 253
carry out this act. The State Department of Education shall 254
prepare a model policy for use by school districts that conforms 255
to the requirements prescribed for drug testing policies under 256
Section 3 of this act. 257
SECTION 10. Section 37-13-91, Mississippi Code of 1972, is 258
amended as follows: 259
37-13-91. (1) This section shall be referred to as the 260
"Mississippi Compulsory School Attendance Law." 261
(2) The following terms as used in this section are defined 262
as follows: 263
(a) "Parent" means the father or mother to whom a child 264
has been born, or the father or mother by whom a child has been 265
legally adopted. 266
(b) "Guardian" means a guardian of the person of a 267
child, other than a parent, who is legally appointed by a court of 268
competent jurisdiction. 269
(c) "Custodian" means any person having the present 270
care or custody of a child, other than a parent or guardian of the 271
child. 272
(d) "School day" means not less than five and one-half 273
(5-1/2) and not more than eight (8) hours of actual teaching in 274
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which both teachers and pupils are in regular attendance for 275
scheduled schoolwork. 276
(e) "School" means any public school, including a 277
charter school, in this state or any nonpublic school in this 278
state which is in session each school year for at least one 279
hundred eighty (180) school days, except that the "nonpublic" 280
school term shall be the number of days that each school shall 281
require for promotion from grade to grade. 282
(f) "Compulsory-school-age child" means a child who has 283
attained or will attain the age of six (6) years on or before 284
September 1 of the calendar year and who has not attained the age 285
of seventeen (17) years on or before September 1 of the calendar 286
year; and shall include any child who has attained or will attain 287
the age of five (5) years on or before September 1 and has 288
enrolled in a full-day public school kindergarten program. 289
(g) "School attendance officer" means a person employed 290
by the State Department of Education pursuant to Section 37-13-89. 291
(h) "Appropriate school official" means the 292
superintendent of the school district, or his designee, or, in the 293
case of a nonpublic school, the principal or the headmaster. 294
(i) "Nonpublic school" means an institution for the 295
teaching of children, consisting of a physical plant, whether 296
owned or leased, including a home, instructional staff members and 297
students, and which is in session each school year. This 298
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definition shall include, but not be limited to, private, church, 299
parochial and home instruction programs. 300
(3) A parent, guardian or custodian of a 301
compulsory-school-age child in this state shall cause the child to 302
enroll in and attend a public school or legitimate nonpublic 303
school for the period of time that the child is of compulsory 304
school age, except under the following circumstances: 305
(a) When a compulsory-school-age child is physically, 306
mentally or emotionally incapable of attending school as 307
determined by the appropriate school official based upon 308
sufficient medical documentation. 309
(b) When a compulsory-school-age child is enrolled in 310
and pursuing a course of special education, remedial education or 311
education for children with physical or mental disadvantages or 312
disabilities. 313
(c) When a compulsory-school-age child is being 314
educated in a legitimate home instruction program. 315
The parent, guardian or custodian of a compulsory-school-age 316
child described in this subsection, or the parent, guardian or 317
custodian of a compulsory-school-age child attending any charter 318
school or nonpublic school, or the appropriate school official for 319
any or all children attending a charter school or nonpublic school 320
shall complete a "certificate of enrollment" in order to 321
facilitate the administration of this section. 322
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The form of the certificate of enrollment shall be prepared 323
by the Office of Compulsory School Attendance Enforcement of the 324
State Department of Education and shall be designed to obtain the 325
following information only: 326
(i) The name, address, telephone number and date 327
of birth of the compulsory-school-age child; 328
(ii) The name, address and telephone number of the 329
parent, guardian or custodian of the compulsory-school-age child; 330
(iii) A simple description of the type of 331
education the compulsory-school-age child is receiving and, if the 332
child is enrolled in a nonpublic school, the name and address of 333
the school; and 334
(iv) The signature of the parent, guardian or 335
custodian of the compulsory-school-age child or, for any or all 336
compulsory-school-age child or children attending a charter school 337
or nonpublic school, the signature of the appropriate school 338
official and the date signed. 339
The certificate of enrollment shall be returned to the school 340
attendance officer where the child resides on or before September 341
15 of each year. Any parent, guardian or custodian found by the 342
school attendance officer to be in noncompliance with this section 343
shall comply, after written notice of the noncompliance by the 344
school attendance officer, with this subsection within ten (10) 345
days after the notice or be in violation of this section. 346
However, in the event the child has been enrolled in a public 347
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school within fifteen (15) calendar days after the first day of 348
the school year as required in subsection (6), the parent or 349
custodian may, at a later date, enroll the child in a legitimate 350
nonpublic school or legitimate home instruction program and send 351
the certificate of enrollment to the school attendance officer and 352
be in compliance with this subsection. 353
For the purposes of this subsection, a legitimate nonpublic 354
school or legitimate home instruction program shall be those not 355
operated or instituted for the purpose of avoiding or 356
circumventing the compulsory attendance law. 357
(4) An "unlawful absence" is an absence for an entire school 358
day or during part of a school day by a compulsory-school-age 359
child, which absence is not due to a valid excuse for temporary 360
nonattendance. For purposes of reporting absenteeism under 361
subsection (6) of this section, if a compulsory-school-age child 362
has an absence that is more than thirty-seven percent (37%) of the 363
instructional day, as fixed by the school board for the school at 364
which the compulsory-school-age child is enrolled, the child must 365
be considered absent the entire school day. Days missed from 366
school due to disciplinary suspension shall not be considered an 367
"excused" absence under this section. This subsection shall not 368
apply to children enrolled in a nonpublic school. 369
Each of the following shall constitute a valid excuse for 370
temporary nonattendance of a compulsory-school-age child enrolled 371
in a noncharter public school, provided satisfactory evidence of 372
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the excuse is provided to the superintendent of the school 373
district, or his designee: 374
(a) An absence is excused when the absence results from 375
the compulsory-school-age child's attendance at an authorized 376
school activity with the prior approval of the superintendent of 377
the school district, or his designee. These activities may 378
include field trips, athletic contests, student conventions, 379
musical festivals and any similar activity. 380
(b) An absence is excused when the absence results from 381
illness or injury which prevents the compulsory-school-age child 382
from being physically able to attend school. 383
(c) An absence is excused when isolation of a 384
compulsory-school-age child is ordered by the county health 385
officer, by the State Board of Health or appropriate school 386
official. 387
(d) An absence is excused when it results from the 388
death or serious illness of a member of the immediate family of a 389
compulsory-school-age child. The immediate family members of a 390
compulsory-school-age child shall include children, spouse, 391
grandparents, parents, brothers and sisters, including 392
stepbrothers and stepsisters. 393
(e) An absence is excused when it results from a 394
medical or dental appointment of a compulsory-school-age child. 395
(f) An absence is excused when it results from the 396
attendance of a compulsory-school-age child at the proceedings of 397
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a court or an administrative tribunal if the child is a party to 398
the action or under subpoena as a witness. 399
(g) An absence may be excused if the religion to which 400
the compulsory-school-age child or the child's parents adheres, 401
requires or suggests the observance of a religious event. The 402
approval of the absence is within the discretion of the 403
superintendent of the school district, or his designee, but 404
approval should be granted unless the religion's observance is of 405
such duration as to interfere with the education of the child. 406
(h) An absence may be excused when it is demonstrated 407
to the satisfaction of the superintendent of the school district, 408
or his designee, that the purpose of the absence is to take 409
advantage of a valid educational opportunity such as travel, 410
including vacations or other family travel. Approval of the 411
absence must be gained from the superintendent of the school 412
district, or his designee, before the absence, but the approval 413
shall not be unreasonably withheld. 414
(i) An absence may be excused when it is demonstrated 415
to the satisfaction of the superintendent of the school district, 416
or his designee, that conditions are sufficient to warrant the 417
compulsory-school-age child's nonattendance. However, no absences 418
shall be excused by the school district superintendent, or his 419
designee, when any student suspensions or expulsions circumvent 420
the intent and spirit of the compulsory attendance law. 421
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(j) An absence is excused when it results from the 422
attendance of a compulsory-school-age child participating in 423
official organized events sponsored by the 4-H or Future Farmers 424
of America (FFA). The excuse for the 4-H or FFA event must be 425
provided in writing to the appropriate school superintendent by 426
the Extension Agent or High School Agricultural Instructor/FFA 427
Advisor. 428
(k) An absence is excused when it results from the 429
compulsory-school-age child officially being employed to serve as 430
a page at the State Capitol for the Mississippi House of 431
Representatives or Senate. 432
(5) Any parent, guardian or custodian of a 433
compulsory-school-age child subject to this section who refuses or 434
willfully fails to perform any of the duties imposed upon him or 435
her under this section or who intentionally falsifies any 436
information required to be contained in a certificate of 437
enrollment, shall be guilty of contributing to the neglect of a 438
child and, upon conviction, shall be punished in accordance with 439
Section 97-5-39. 440
Upon prosecution of a parent, guardian or custodian of a 441
compulsory-school-age child for violation of this section, the 442
presentation of evidence by the prosecutor that shows that the 443
child has not been enrolled in school within eighteen (18) 444
calendar days after the first day of the school year of the public 445
school which the child is eligible to attend, or that the child 446
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has accumulated twelve (12) unlawful absences during the school 447
year at the public school in which the child has been enrolled, 448
shall establish a prima facie case that the child's parent, 449
guardian or custodian is responsible for the absences and has 450
refused or willfully failed to perform the duties imposed upon him 451
or her under this section. However, no proceedings under this 452
section shall be brought against a parent, guardian or custodian 453
of a compulsory-school-age child unless the school attendance 454
officer has contacted promptly the home of the child and has 455
provided written notice to the parent, guardian or custodian of 456
the requirement for the child's enrollment or attendance. 457
(6) If a compulsory-school-age child has not been enrolled 458
in a school within fifteen (15) calendar days after the first day 459
of the school year of the school which the child is eligible to 460
attend or the child has accumulated five (5) unlawful absences 461
during the school year of the public school in which the child is 462
enrolled, the school district superintendent, or his designee, 463
shall report, within two (2) school days or within five (5) 464
calendar days, whichever is less, the absences to the school 465
attendance officer. The State Department of Education shall 466
prescribe a uniform method for schools to utilize in reporting the 467
unlawful absences to the school attendance officer. The 468
superintendent, or his designee, also shall report any student 469
suspensions or student expulsions to the school attendance officer 470
when they occur. 471
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(7) When a school attendance officer has made all attempts 472
to secure enrollment and/or attendance of a compulsory-school-age 473
child and is unable to effect the enrollment and/or attendance, 474
the attendance officer shall file a petition with the youth court 475
under Section 43-21-451 or shall file a petition in a court of 476
competent jurisdiction as it pertains to parent or child. 477
Sheriffs, deputy sheriffs and municipal law enforcement officers 478
shall be fully authorized to investigate all cases of 479
nonattendance and unlawful absences by compulsory-school-age 480
children, and shall be authorized to file a petition with the 481
youth court under Section 43-21-451 or file a petition or 482
information in the court of competent jurisdiction as it pertains 483
to parent or child for violation of this section. The youth court 484
shall expedite a hearing to make an appropriate adjudication and a 485
disposition to ensure compliance with the Compulsory School 486
Attendance Law, and may order the child to enroll or re-enroll in 487
school. The superintendent of the school district to which the 488
child is ordered may assign, in his discretion, the child to the 489
alternative school program of the school established pursuant to 490
Section 37-13-92. 491
(8) The State Board of Education shall adopt rules and 492
regulations for the purpose of reprimanding any school 493
superintendents who fail to timely report unexcused absences under 494
the provisions of this section. 495
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(9) Notwithstanding any provision or implication herein to 496
the contrary, it is not the intention of this section to impair 497
the primary right and the obligation of the parent or parents, or 498
person or persons in loco parentis to a child, to choose the 499
proper education and training for such child, and nothing in this 500
section shall ever be construed to grant, by implication or 501
otherwise, to the State of Mississippi, any of its officers, 502
agencies or subdivisions any right or authority to control, 503
manage, supervise or make any suggestion as to the control, 504
management or supervision of any private or parochial school or 505
institution for the education or training of children, of any kind 506
whatsoever that is not a public school according to the laws of 507
this state; and this section shall never be construed so as to 508
grant, by implication or otherwise, any right or authority to any 509
state agency or other entity to control, manage, supervise, 510
provide for or affect the operation, management, program, 511
curriculum, admissions policy or discipline of any such school or 512
home instruction program. 513
(10) In addition to the penalties prescribed in this section 514
for the failure of a compulsory-school-age child to be enrolled in 515
school as required herein, or persists in truant behavior as 516
evidenced by chronic absenteeism, as determined by exceeding the 517
allowable number of days for unlawful or unexcused absences as 518
stipulated by law and local school district policy, any offending 519
compulsory-school-age child shall be required to submit to drug 520
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ST: School districts; require drug testing of
truant students in Grade 6-12.
testing in the manner prescribed by Sections 2 through 9 of this 521
act. 522
SECTION 11. This act shall take effect and be in force from 523
and after July 1, 2026. 524