School attendance officers; transfer responsibility of employment from MDE to local school districts.

H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~ G1/2
26/HR43/R1461
PAGE 1 (DJ\KP)

To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Zuber

HOUSE BILL NO. 576

AN ACT TO AMEND SECTION 37-13-81, 37-13-83, 37-13-85, 1
37-13-87 AND 37-13-89, MISSISSIPPI CODE OF 1972, TO CLARIFY THE 2
NAME OF THE OFFICE OF COMPULSORY SCHOOL ATTENDANCE ENFORCEMENT AND 3
DROPOUT PREVENTION WITHIN THE STATE DEPARTMENT OF EDUCATION; TO 4
PROVIDE FOR THE APPOINTMENT OF AN EXECUTIVE DIRECTOR OF THE OFFICE 5
BY THE STATE SUPERINTENDENT OF PUBLIC EDUCATION; TO TRANSFER THE 6
RESPONSIBILITY FOR EMPLOYING AND ESTABLISHING THE DUTIES OF SCHOOL 7
ATTENDANCE OFFICERS FROM THE STATE DEPARTMENT OF EDUCATION TO 8
LOCAL SCHOOL DISTRICTS; TO ABOLISH THE THREE REGIONAL SCHOOL 9
ATTENDANCE OFFICER POSITIONS; TO PROVIDE THAT STAFF EMPLOYED BY 10
THE STATE SUPERINTENDENT OF EDUCATION TO ENFORCE THE MISSISSIPPI 11
COMPULSORY SCHOOL ATTENDANCE LAW SHALL BE COMPENSATED AT THE SAME 12
SALARY RECEIVED BY REGIONAL SCHOOL ATTENDANCE OFFICERS FOR FISCAL 13
YEAR 2026 RATE PLUS AN ADDITIONAL 25%; TO CLARIFY THE MINIMUM 14
QUALIFICATIONS NECESSARY FOR SCHOOL ATTENDANCE OFFICERS AND REMOVE 15
THE REQUIREMENT OF THE STATE PERSONNEL BOARD TO ESTABLISH 16
ADDITIONAL QUALIFICATIONS FOR SCHOOL ATTENDANCE OFFICERS; TO 17
PROVIDE THAT SCHOOL ATTENDANCE OFFICERS EMPLOYED BY THE STATE 18
DEPARTMENT OF EDUCATION ON JULY 1, 2026, SHALL BE TRANSFERRED TO 19
EMPLOYMENT STATUS AS EMPLOYEES OF THEIR RESPECTIVE SCHOOL 20
DISTRICTS WITH WORK LOCATIONS THEREIN AND SHALL ENFORCE ATTENDANCE 21
AT CHARTER SCHOOLS LOCATED WITHIN THE SCHOOL DISTRICT; TO PROVIDE 22
FOR THE SHARING OF ADMINISTRATIVE AND COSTS SHARING 23
RESPONSIBILITIES OF TWO OR MORE SCHOOL DISTRICTS WHICH WERE 24
SIMULTANEOUSLY SERVED BY THE SAME SCHOOL ATTENDANCE OFFICER; TO 25
PROVIDE FOR THE TRANSFER OF ANY UNUSED ACCUMULATED LEAVE; TO 26
REQUIRE THE STATE TO PROVIDE FUNDING FOR ONE SCHOOL ATTENDANCE 27
OFFICER FOR EVERY 3,000 COMPULSORY-SCHOOL-AGE CHILDREN IN 28
ENROLLMENT IN THE PUBLIC SCHOOLS OF A COUNTY; TO ESTABLISH THE 29
MINIMUM SALARY OF NEWLY HIRED SCHOOL ATTENDANCE OFFICERS BEGINNING 30
JULY 1, 2026, AND AUTHORIZE LOCAL SCHOOL BOARDS TO PAY ADDITIONAL 31
COMPENSATION ABOVE THE MINIMUM SALARY ON A SCALE ESTABLISHED BY 32
THE LOCAL SCHOOL BOARD; TO PROVIDE THAT SCHOOL ATTENDANCE OFFICERS 33
TRANSFERRED TO THE LOCAL SCHOOL DISTRICT FROM THE STATE DEPARTMENT 34
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 2 (DJ\KP)

OF EDUCATION SHALL BE COMPENSATED AT THE SAME SALARY RECEIVED 35
FISCAL YEAR 2026 RATE PLUS AN ADDITIONAL 25%; TO PROVIDE THAT 36
SCHOOL ATTENDANCE OFFICERS SHALL NOT EXPERIENCE ANY INTERRUPTION 37
OF SERVICE WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE 38
SCHOOL EMPLOYEES' HEALTH INSURANCE PLAN AS A RESULT OF THE 39
TRANSFER OF EMPLOYMENT RESPONSIBILITY; TO REQUIRE THE STATE 40
DEPARTMENT OF EDUCATION AND THE MISSISSIPPI ASSOCIATION OF SCHOOL 41
SUPERINTENDENTS TO SUBMIT A REPORT TO THE LEGISLATURE ON THE 42
STATUS AND PROGRESS OF SCHOOL ATTENDANCE OFFICERS AS EMPLOYEES OF 43
THE LUNCH SCHOOL DISTRICT; TO AMEND SECTION 37-13-107, MISSISSIPPI 44
CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND 45
SECTION 37-13-91, MISSISSIPPI CODE OF 1972, TO REQUIRE THE LOCAL 46
SCHOOL DISTRICT TO REPORT ANY UNEXCUSED ABSENCE OF A STUDENT TO 47
THE SCHOOL ATTENDANCE OFFICER WITHIN 24 HOURS OF THE ABSENCE; AND 48
FOR RELATED PURPOSES. 49
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 50
SECTION 1. Section 37-13-81, Mississippi Code of 1972, is 51
amended as follows: 52
37-13-81. There is created the Office of Compulsory School 53
Attendance Enforcement * * * and Dropout Prevention * * * within 54
the State Department of Education. The office shall be 55
responsible for the administration of a statewide system of 56
enforcement of the Mississippi Compulsory School Attendance Law 57
(Section 37-13-91) * * *. 58
SECTION 2. Section 37-13-83, Mississippi Code of 1972, is 59
amended as follows: 60
37-13-83. The State Superintendent of Public Education 61
shall * * * employ sufficient staff responsible for the proper 62
administration of the Office of Compulsory School Attendance 63
Enforcement and Dropout Prevention in conformity with the 64
Mississippi Compulsory School Attendance Law and any other 65
regulations or policies that may be adopted by the State Board of 66
Education. * * * 67
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 3 (DJ\KP)

SECTION 3. Section 37-13-85, Mississippi Code of 1972, is 68
amended as follows: 69
37-13-85. The Office of Compulsory School Attendance 70
Enforcement and Dropout Prevention shall have the following powers 71
and duties, in addition to all others imposed or granted by law: 72
(a) To establish any policies or guidelines * * * to be 73
used by local school districts for the employment of school 74
attendance officers which serve to effectuate a uniform system of 75
enforcement under the Mississippi Compulsory School Attendance Law 76
throughout the state * * *; 77
* * * 78
( * * *b) To establish minimum standards for enrollment 79
and attendance for the state and each individual school district, 80
and to monitor the success of the state and districts in achieving 81
the required levels of performance; 82
( * * *c) To provide to school districts failing to 83
meet the established standards for enrollment and attendance 84
assistance in reducing absenteeism or the dropout rates in those 85
districts; 86
( * * *d) To establish any qualifications, in addition 87
to those required under Section 37-13-89, for school attendance 88
officers as the office deems necessary to further the purposes of 89
the Mississippi Compulsory School Attendance Law; 90
( * * *e) To develop and implement a system under which 91
school districts are required to maintain accurate records that 92
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 4 (DJ\KP)

document enrollment and attendance in such a manner that the 93
records reflect all changes in enrollment and attendance, and to 94
require school attendance officers to submit information 95
concerning public school attendance on a monthly basis to the 96
office; 97
( * * *f) To prepare the form of the certificate of 98
enrollment required under the Mississippi Compulsory School 99
Attendance Law and to furnish a sufficient number of the 100
certificates of enrollment to each school attendance officer in 101
the state; 102
( * * *g) To provide to the State Board of Education 103
statistical information concerning absenteeism, dropouts and other 104
attendance-related problems as requested by the State Board of 105
Education; 106
( * * *h) To provide for the certification of school 107
attendance officers; 108
( * * *i) To provide for a course of training and 109
education for school attendance officers, and to require 110
successful completion of the course as a prerequisite to 111
certification by the office as school attendance officers; 112
( * * *j) To adopt any guidelines or policies the 113
office deems necessary to effectuate an orderly transition from 114
the supervision of school attendance officers by * * * State 115
Department of Education to the supervision by the local 116
school * * * district; 117
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 5 (DJ\KP)

* * * 118
( * * *k) To adopt policies or guidelines to assist 119
local school districts with linking the duties of school 120
attendance officers to the appropriate courts, law enforcement 121
agencies and community service providers; * * * 122
( * * *l) To adopt any other policies or guidelines 123
that the office deems necessary for the enforcement of the 124
Mississippi Compulsory School Attendance Law; however, the 125
policies or guidelines shall not add to or contradict with the 126
requirements of Section 37-13-91 * * *; and 127
(m) To transfer all funds appropriated to the State 128
Department of Education for school attendance officers to local 129
school districts on the same schedule as Mississippi Student 130
Funding Formula (MSFF) disbursements in accordance with Section 131
37-151-103. 132
SECTION 4. Section 37-13-87, Mississippi Code of 1972, is 133
amended as follows: 134
37-13-87. (1) The * * * State Superintendent of Public 135
Education shall employ * * * sufficient staff of whom shall * * * 136
provide oversight for the enforcement of the Mississippi 137
Compulsory School Attendance Law * * * and shall * * * support and 138
provide technical assistance and professional development to the 139
school attendance officers in the * * * local school districts. 140
The * * * staff employed by the State Superintendent of Public 141
Education shall assist the school attendance officers in the 142
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 6 (DJ\KP)

performance of their duties as established by law or 143
otherwise * * * and may also perform any such other duties within 144
the Office of Compulsory School Attendance Enforcement and Dropout 145
Prevention as may be assigned by the State Superintendent of 146
Public Education. 147
(2) * * * The * * * staff employed by the State 148
Superintendent of Education at the State Department of Education 149
shall receive an annual salary to be set by the State 150
Superintendent of Public Education, provided that each employee 151
employed by the State Department of Education on June 30, 2026, 152
shall be compensated at the annual salary rate established for 153
such position during the 2026 fiscal year plus an additional 154
twenty-five percent (25%), subject to the approval of the State 155
Personnel Board. 156
SECTION 5. Section 37-13-89, Mississippi Code of 1972, is 157
amended as follows: 158
37-13-89. (1) (a) In each school district within the 159
state, there shall be employed the number of school attendance 160
officers determined by the local school district, in consultation 161
with the Office of Compulsory School Attendance Enforcement and 162
Dropout Prevention to be necessary to adequately enforce the 163
provisions of the Mississippi Compulsory School Attendance 164
Law * * *. In any school district where charter schools operate, 165
the school district's school attendance officer shall also enforce 166
the provisions of the Mississippi Compulsory School Attendance Law 167
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 7 (DJ\KP)

for those charter schools. From and after July 1, * * * 2026, all 168
school attendance officers employed pursuant to this section shall 169
be employees of the * * * local school district. * * * Local 170
school districts shall employ all persons employed as school 171
attendance officers by * * * the State Department of Education 172
before July 1, * * * 2026, and shall assign them to school 173
attendance responsibilities in the school district in which they 174
were employed before July 1, * * * 2026. * * * 175
(b) If a school attendance officer employed by the 176
State Department of Education performed services in two (2) or 177
more school districts during the 2025-2026 school year, that 178
school attendance officer shall continue to serve the same two (2) 179
or more school districts for the 2026-2027 school year. For 180
purposes of employment, the school attendance officer shall be 181
assigned to the school district with the largest student 182
enrollment, and that school district shall serve as the fiscal 183
agent, with funding shared with the partnering districts. 184
Effective on July 1, 2027, if two (2) or more school districts 185
fall below a certain number of students enrolled, to be determined 186
by the State Department of Education, or are only provided funding 187
for one-half (1/2) of the salary of the school attendance officer, 188
those school districts are authorized, in the discretion of their 189
respective local school board, to enter into an agreement for the 190
purposes of sharing a school attendance officer. The agreement 191
shall designate which district shall serve as the fiscal agent and 192
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 8 (DJ\KP)

the mutually agreed upon salary for the school attendance officer. 193
The agreement shall be duly adopted by resolution of the 194
participating school boards as reflected in the minutes of each 195
school board and approved by the Office of Compulsory School 196
Attendance Enforcement and Dropout Prevention. 197
(2) (a) The * * * local school districts shall * * * 198
conduct criminal records background checks and current child abuse 199
registry checks on all persons applying for the position of school 200
attendance officer after July * * * 1, 2026. The criminal records 201
information and registry checks must be kept on file for any new 202
hires. * * * To determine an applicant's suitability for 203
employment as a school attendance officer, the applicant must be 204
fingerprinted. If no disqualifying record is identified at the 205
state level, the Department of Public Safety shall forward the 206
fingerprints to the Federal Bureau of Investigation (FBI) for a 207
national criminal history record check. The applicant shall pay 208
the fee, not to exceed Fifty Dollars ($50.00), for the 209
fingerprinting and criminal records background check; however, 210
the * * * local school district, in its discretion, may pay the 211
fee for the fingerprinting and criminal records background check 212
on behalf of any applicant. Under no circumstances may a member 213
of the * * * local school board of trustees, employee of the * * * 214
local school district or any person other than the subject of the 215
criminal records background check disseminate information received 216
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 9 (DJ\KP)

through any such checks except insofar as required to fulfill the 217
purposes of this subsection. 218
(b) If the fingerprinting or criminal records check 219
discloses a felony conviction, guilty plea or plea of nolo 220
contendere to a felony of possession or sale of drugs, murder, 221
manslaughter, armed robbery, rape, sexual battery, sex offense 222
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 223
burglary, gratification of lust or aggravated assault which has 224
not been reversed on appeal or for which a pardon has not been 225
granted, the applicant is not eligible to be employed as a school 226
attendance officer. Any employment of an applicant pending the 227
results of the fingerprinting and criminal records check is 228
voidable if the new hire receives a disqualifying criminal records 229
check. However, the * * * local school board, in its discretion, 230
may allow an applicant aggrieved by an employment decision under 231
this subsection to appear before the board, or before a hearing 232
officer designated for that purpose, to show mitigating 233
circumstances that may exist and allow the new hire to be employed 234
as a school attendance officer. The * * * local school board may 235
grant waivers for mitigating circumstances, which may include, but 236
are not necessarily limited to: 237
(i) Age at which the crime was committed; 238
(ii) Circumstances surrounding the crime; 239
(iii) Length of time since the conviction and 240
criminal history since the conviction; 241
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 10 (DJ\KP)

(iv) Work history; 242
(v) Current employment and character references; 243
and 244
(vi) Other evidence demonstrating the ability of 245
the person to perform the responsibilities of a school attendance 246
officer competently and that the person does not pose a threat to 247
the health or safety of children. 248
(c) * * * No local school district, school district 249
employee, member of the State Board of Education or employee of a 250
school under the purview of the State * * * Board of 251
Education * * * shall be held liable in any employment 252
discrimination suit in which an allegation of discrimination is 253
made regarding an employment decision authorized under this 254
section. 255
(3) Each school attendance officer shall possess a college 256
degree with a major in a behavioral science or a related field or 257
shall have no less than three (3) years combined actual experience 258
as a school teacher, school administrator, law enforcement officer 259
possessing such degree, and/or social worker; however, these 260
requirements shall not apply to persons employed as school 261
attendance officers before January 1, 1987. School attendance 262
officers also shall satisfy any additional requirements that may 263
be established by the * * * hiring local school district. 264
(4) It shall be the duty of each school attendance officer 265
to: 266
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 11 (DJ\KP)

(a) Cooperate with any public agency to locate and 267
identify all compulsory-school-age children who are not attending 268
school; 269
(b) Cooperate with all courts of competent 270
jurisdiction; 271
(c) Investigate all cases of nonattendance and unlawful 272
absences by compulsory-school-age children not enrolled in a 273
nonpublic school; 274
(d) Provide appropriate counseling to encourage all 275
school-age children to attend school until they have completed 276
high school; 277
(e) Attempt to secure the provision of social or 278
welfare services that may be required to enable any child to 279
attend school; 280
(f) Contact the home or place of residence of a 281
compulsory-school-age child and any other place in which the 282
officer is likely to find any compulsory-school-age child when the 283
child is absent from school during school hours without a valid 284
written excuse from school officials, and when the child is found, 285
the officer shall notify the parents and school officials as to 286
where the child was physically located; 287
(g) Contact promptly the home of each 288
compulsory-school-age child in the school district within the 289
officer's jurisdiction who is not enrolled in school or is not in 290
attendance at public school and is without a valid written excuse 291
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 12 (DJ\KP)

from school officials; if no valid reason is found for the 292
nonenrollment or absence from the school, the school attendance 293
officer shall give written notice to the parent, guardian or 294
custodian of the requirement for the child's enrollment or 295
attendance; 296
(h) Collect and maintain information concerning 297
absenteeism, dropouts and other attendance-related problems, as 298
may be required by law, the local school district or the Office of 299
Compulsory School Attendance Enforcement and Dropout Prevention; 300
and 301
(i) Perform all other duties relating to compulsory 302
school attendance established by the * * * local school district. 303
(5) While engaged in the performance of his duties, each 304
school attendance officer shall carry on his person a badge 305
identifying him as a school attendance officer * * *. Neither the 306
badge nor the identification card shall bear the name of any 307
elected public official. 308
(6) The state shall provide funding for one (1) school 309
attendance officer employed by a local school district for every 310
three thousand (3,000) compulsory-school-age children, as defined 311
by Section 37-13-91(2)(f), in enrollment in the public schools of 312
the county, for the purpose of employing school attendance 313
officers as defined in Section 37-13-91(2)(g). 314
( * * *7) The * * * salary * * * for school attendance 315
officers * * * shall be based upon factors including, but not 316
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 13 (DJ\KP)

limited to, education, professional certification and licensure, 317
and number of years of experience. School attendance must meet 318
the minimum requirements as identified in subsection (3) of this 319
section. Effective July 1, 2026, any newly hired school 320
attendance officers shall be paid * * * a minimum salary * * * of 321
Thirty Thousand Dollars ($30,000.00). Local school districts may 322
pay additional compensation above the minimum salary on a schedule 323
established by the local school board. * * * 324
* * * 325
( * * *8) * * * Each school attendance officer employed by 326
the State Department of Education on June 30, 2026, shall be 327
transferred from state services under the authority of the State 328
Personnel Board to employment status as an employee of the 329
respective school district of assignment and shall be paid at the 330
salary established for the 2026 fiscal year plus an additional 331
twenty-five percent (25%). Each school attendance officer shall 332
have a work location within the school district they serve. Each 333
school attendance officer who became an employee of the local 334
school district on July 1, 2026, shall have no interruption of 335
service with the Public Employees' Retirement System and the State 336
and School Employees' Health Insurance Plan. Any unused leave 337
accumulated in state-service employment with the State Department 338
of Education shall be transferred in accordance with the provision 339
of Section 37-7-307, unless otherwise provided. 340
* * * 341
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 14 (DJ\KP)

( * * *9) * * * School attendance officers shall maintain 342
regular office hours on a year-round basis as determined by the 343
local school district of employment * * *. However, during the 344
school term, on those days that teachers in all of the school 345
districts served by a school attendance officer are not required 346
to report to work, the school attendance officer also shall not be 347
required to report to work. (For purposes of this subsection, a 348
school district's school term is that period of time identified as 349
the school term in contracts entered into by the district with 350
licensed personnel.) A school attendance officer shall be 351
required to report to work on any day recognized as an official 352
state holiday if teachers in any school district served by that 353
school attendance officer are required to report to work on that 354
day * * *. 355
* * * 356
( * * *10) The State Department of Education shall provide 357
all continuing education and training courses that school 358
attendance officers are required to complete under state law or 359
rules and regulations of the department. 360
(11) The State Department of Education and the Mississippi 361
Association of School Superintendents shall provide a joint report 362
on the status and progress of school attendance officers in their 363
capacity as employees of local school districts and the 364
fulfillment of their assigned duties and obligations to the 365
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 15 (DJ\KP)

Legislature for review and consideration during the 2027 Regular 366
Session. 367
SECTION 6. Section 37-13-91, Mississippi Code of 1972, is 368
amended as follows: 369
37-13-91. (1) This section shall be referred to as the 370
"Mississippi Compulsory School Attendance Law." 371
(2) The following terms as used in this section are defined 372
as follows: 373
(a) "Parent" means the father or mother to whom a child 374
has been born, or the father or mother by whom a child has been 375
legally adopted. 376
(b) "Guardian" means a guardian of the person of a 377
child, other than a parent, who is legally appointed by a court of 378
competent jurisdiction. 379
(c) "Custodian" means any person having the present 380
care or custody of a child, other than a parent or guardian of the 381
child. 382
(d) "School day" means not less than five and one-half 383
(5-1/2) and not more than eight (8) hours of actual teaching in 384
which both teachers and pupils are in regular attendance for 385
scheduled schoolwork. 386
(e) "School" means any public school, including a 387
charter school, in this state or any nonpublic school in this 388
state which is in session each school year for at least one 389
hundred eighty (180) school days, except that the "nonpublic" 390
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 16 (DJ\KP)

school term shall be the number of days that each school shall 391
require for promotion from grade to grade. 392
(f) "Compulsory-school-age child" means a child who has 393
attained or will attain the age of six (6) years on or before 394
September 1 of the calendar year and who has not attained the age 395
of seventeen (17) years on or before September 1 of the calendar 396
year; and shall include any child who has attained or will attain 397
the age of five (5) years on or before September 1 and has 398
enrolled in a full-day public school kindergarten program. 399
(g) "School attendance officer" means a person employed 400
by a local school district, wherein they receive additional 401
support and technical assistance from the State Department of 402
Education's Office of Compulsory School Attendance Enforcement and 403
Dropout Prevention * * *. 404
(h) "Appropriate school official" means the 405
superintendent of the school district, or his designee, or, in the 406
case of a nonpublic school, the principal or the headmaster. 407
(i) "Nonpublic school" means an institution for the 408
teaching of children, consisting of a physical plant, whether 409
owned or leased, including a home, instructional staff members and 410
students, and which is in session each school year. This 411
definition shall include, but not be limited to, private, church, 412
parochial and home instruction programs. 413
(3) A parent, guardian or custodian of a 414
compulsory-school-age child in this state shall cause the child to 415
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 17 (DJ\KP)

enroll in and attend a public school or legitimate nonpublic 416
school for the period of time that the child is of compulsory 417
school age, except under the following circumstances: 418
(a) When a compulsory-school-age child is physically, 419
mentally or emotionally incapable of attending school as 420
determined by the appropriate school official based upon 421
sufficient medical documentation. 422
(b) When a compulsory-school-age child is enrolled in 423
and pursuing a course of special education, remedial education or 424
education for children with physical or mental disadvantages or 425
disabilities. 426
(c) When a compulsory-school-age child is being 427
educated in a legitimate home instruction program. 428
The parent, guardian or custodian of a compulsory-school-age 429
child described in this subsection * * * shall complete a 430
"certificate of enrollment" in order to facilitate the 431
administration of this section. * * * The appropriate school 432
official for any or all compulsory-school-age children attending a 433
charter school or nonpublic school shall complete a "certificate 434
of enrollment" in order to facilitate the administration of this 435
section. 436
The form of the certificate of enrollment shall be prepared 437
by the Office of Compulsory School Attendance Enforcement of the 438
State Department of Education and shall be designed to obtain the 439
following information only: 440
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 18 (DJ\KP)

(i) The name, address, telephone number and date 441
of birth of the compulsory-school-age child; 442
(ii) The name, address and telephone number of the 443
parent, guardian or custodian of the compulsory-school-age child; 444
(iii) A simple description of the type of 445
education the compulsory-school-age child is receiving and, if the 446
child is enrolled in a nonpublic school, the name and address of 447
the school; and 448
(iv) The signature of the parent, guardian or 449
custodian of the compulsory-school-age child or, for any or all 450
compulsory-school-age child or children attending a charter school 451
or nonpublic school, the signature of the appropriate school 452
official and the date signed. 453
The certificate of enrollment shall be returned to the school 454
attendance officer that serves the local public school district 455
where the child resides on or before September 15 of each year. 456
Any parent, guardian or custodian found by the school attendance 457
officer to be in noncompliance with this section shall comply, 458
after written notice of the noncompliance by the school attendance 459
officer, with this subsection within ten (10) days after the 460
notice or be in violation of this section. However, in the event 461
the child has been enrolled in a public school within fifteen (15) 462
calendar days after the first day of the school year as required 463
in subsection (6), the parent or custodian may, at a later date, 464
enroll the child in a legitimate nonpublic school or legitimate 465
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 19 (DJ\KP)

home instruction program and send the certificate of enrollment to 466
the school attendance officer and be in compliance with this 467
subsection. 468
For the purposes of this subsection, a legitimate nonpublic 469
school or legitimate home instruction program shall be those not 470
operated or instituted for the purpose of avoiding or 471
circumventing the compulsory attendance law. 472
(4) An "unlawful absence" is an absence for an entire school 473
day or during part of a school day by a compulsory-school-age 474
child, which absence is not due to a valid excuse for temporary 475
nonattendance. For purposes of reporting absenteeism under 476
subsection (6) of this section, if a compulsory-school-age child 477
has an absence that is more than thirty-seven percent (37%) of the 478
instructional day, as fixed by the school board for the school at 479
which the compulsory-school-age child is enrolled, the child must 480
be considered absent the entire school day. Days missed from 481
school due to disciplinary suspension shall not be considered an 482
"excused" absence under this section. This subsection shall not 483
apply to children enrolled in a nonpublic school. 484
Each of the following shall constitute a valid excuse for 485
temporary nonattendance of a compulsory-school-age child enrolled 486
in a noncharter public school, provided satisfactory evidence of 487
the excuse is provided to the superintendent of the school 488
district, or his designee: 489
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 20 (DJ\KP)

(a) An absence is excused when the absence results from 490
the compulsory-school-age child's attendance at an authorized 491
school activity with the prior approval of the superintendent of 492
the school district, or his designee. These activities may 493
include field trips, athletic contests, student conventions, 494
musical festivals and any similar activity. 495
(b) An absence is excused when the absence results from 496
illness or injury which prevents the compulsory-school-age child 497
from being physically able to attend school. 498
(c) An absence is excused when isolation of a 499
compulsory-school-age child is ordered by the county health 500
officer, by the State Board of Health or appropriate school 501
official. 502
(d) An absence is excused when it results from the 503
death or serious illness of a member of the immediate family of a 504
compulsory-school-age child. The immediate family members of a 505
compulsory-school-age child shall include children, spouse, 506
grandparents, parents, brothers and sisters, including 507
stepbrothers and stepsisters. 508
(e) An absence is excused when it results from a 509
medical or dental appointment of a compulsory-school-age child. 510
(f) An absence is excused when it results from the 511
attendance of a compulsory-school-age child at the proceedings of 512
a court or an administrative tribunal if the child is a party to 513
the action or under subpoena as a witness. 514
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 21 (DJ\KP)

(g) An absence may be excused if the religion to which 515
the compulsory-school-age child or the child's parents adheres, 516
requires or suggests the observance of a religious event. The 517
approval of the absence is within the discretion of the 518
superintendent of the school district, or his designee, but 519
approval should be granted unless the religion's observance is of 520
such duration as to interfere with the education of the child. 521
(h) An absence may be excused when it is demonstrated 522
to the satisfaction of the superintendent of the school district, 523
or his designee, that the purpose of the absence is to take 524
advantage of a valid educational opportunity such as travel, 525
including vacations or other family travel. Approval of the 526
absence must be gained from the superintendent of the school 527
district, or his designee, before the absence, but the approval 528
shall not be unreasonably withheld. 529
(i) An absence may be excused when it is demonstrated 530
to the satisfaction of the superintendent of the school district, 531
or his designee, that conditions are sufficient to warrant the 532
compulsory-school-age child's nonattendance. However, no absences 533
shall be excused by the school district superintendent, or his 534
designee, when any student suspensions or expulsions circumvent 535
the intent and spirit of the compulsory attendance law. 536
(j) An absence is excused when it results from the 537
attendance of a compulsory-school-age child participating in 538
official organized events sponsored by the 4-H or Future Farmers 539
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 22 (DJ\KP)

of America (FFA). The excuse for the 4-H or FFA event must be 540
provided in writing to the appropriate school superintendent by 541
the Extension Agent or High School Agricultural Instructor/FFA 542
Advisor. 543
(k) An absence is excused when it results from the 544
compulsory-school-age child officially being employed to serve as 545
a page at the State Capitol for the Mississippi House of 546
Representatives or Senate. 547
(5) Any parent, guardian or custodian of a 548
compulsory-school-age child subject to this section who refuses or 549
willfully fails to perform any of the duties imposed upon him or 550
her under this section or who intentionally falsifies any 551
information required to be contained in a certificate of 552
enrollment, shall be guilty of contributing to the neglect of a 553
child and, upon conviction, shall be punished in accordance with 554
Section 97-5-39. 555
Upon prosecution of a parent, guardian or custodian of a 556
compulsory-school-age child for violation of this section, the 557
presentation of evidence by the prosecutor that shows that the 558
child has not been enrolled in school within eighteen (18) 559
calendar days after the first day of the school year of the public 560
school which the child is eligible to attend, or that the child 561
has accumulated twelve (12) unlawful absences during the school 562
year at the public school in which the child has been enrolled, 563
shall establish a prima facie case that the child's parent, 564
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 23 (DJ\KP)

guardian or custodian is responsible for the absences and has 565
refused or willfully failed to perform the duties imposed upon him 566
or her under this section. However, no proceedings under this 567
section shall be brought against a parent, guardian or custodian 568
of a compulsory-school-age child unless the school attendance 569
officer has contacted promptly the home of the child and has 570
provided written notice to the parent, guardian or custodian of 571
the requirement for the child's enrollment or attendance. 572
(6) If a compulsory-school-age child has not been enrolled 573
in a school within * * * three (3) calendar days after the first 574
day of the school year of the school which the child is eligible 575
to attend or * * * upon any occurrence of unexcused absences 576
during the school year of the public school in which the child is 577
enrolled, the school district superintendent, or his designee, 578
shall report, within * * * twenty-four (24) hours of the unexcused 579
absences, the absences to the school attendance officer. 580
The * * * local school district shall prescribe a uniform method 581
for schools to utilize in reporting the unlawful absences to the 582
school attendance officer. The school district shall report all 583
absences to the school attendance officer within twenty-four (24) 584
hours. The school attendance officer shall make a contact to the 585
parent or guardian within the next twenty-four (24) hours. The 586
contact may be via text, email, phone call or personal visit. The 587
superintendent, or his designee, also shall report any student 588
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 24 (DJ\KP)

suspensions or student expulsions to the school attendance officer 589
when they occur. 590
(7) When a school attendance officer has made all attempts 591
to secure enrollment and/or attendance of a compulsory-school-age 592
child and is unable to * * * verify the enrollment and/or 593
attendance, the attendance officer shall file a petition with the 594
youth court under Section 43-21-451 or shall file a petition in a 595
court of competent jurisdiction as it pertains to parent or child. 596
Sheriffs, deputy sheriffs and municipal law enforcement officers 597
shall be fully authorized to investigate all cases of 598
nonattendance and unlawful absences by compulsory-school-age 599
children, and shall be authorized to file a petition with the 600
youth court under Section 43-21-451 or file a petition or 601
information in the court of competent jurisdiction as it pertains 602
to parent or child for violation of this section. The youth court 603
shall expedite a hearing to make an appropriate adjudication and a 604
disposition to ensure compliance with the Compulsory School 605
Attendance Law, and may order the child to enroll or re-enroll in 606
school. The superintendent of the school district to which the 607
child is ordered may assign, in his discretion, the child to the 608
alternative school program of the school established pursuant to 609
Section 37-13-92. 610
(8) The State Board of Education shall adopt rules and 611
regulations * * * to sanction school districts that do not adhere 612
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 25 (DJ\KP)

to said policy through findings of noncompliance on the monitoring 613
process. 614
(9) Notwithstanding any provision or implication herein to 615
the contrary, it is not the intention of this section to impair 616
the primary right and the obligation of the parent or parents, or 617
person or persons in loco parentis to a child, to choose the 618
proper education and training for such child, and nothing in this 619
section shall ever be construed to grant, by implication or 620
otherwise, to the State of Mississippi, * * * school attendance 621
officers, agencies or subdivisions any right or authority to 622
control, manage, supervise or make any suggestion as to the 623
control, management or supervision of any private or parochial 624
school or institution for the education or training of children, 625
of any kind whatsoever that is not a public school according to 626
the laws of this state; and this section shall never be construed 627
so as to grant, by implication or otherwise, any right or 628
authority to any state agency or other entity to control, manage, 629
supervise, provide for or affect the operation, management, 630
program, curriculum, admissions policy or discipline of any such 631
school or home instruction program. 632
SECTION 7. Section 37-13-107, Mississippi Code of 1972, is 633
amended as follows: 634
37-13-107. (1) Every school attendance officer shall be 635
required annually to attend and complete a comprehensive course of 636
training and education which is provided or approved by the Office 637
H. B. No. 576 *HR43/R1461* ~ OFFICIAL ~
26/HR43/R1461
PAGE 26 (DJ\KP)
ST: School attendance officers; transfer
responsibility of employment from MDE to local
school districts.
of Compulsory School Attendance Enforcement and Dropout Prevention 638
of the State Department of Education. Attendance shall be 639
required beginning with the first training seminar conducted after 640
the school attendance officer is employed as a school attendance 641
officer. 642
(2) The Office of Compulsory School Attendance Enforcement 643
and Dropout Prevention shall provide or approve a course of 644
training and education for school attendance officers of the 645
state. The course shall consist of at least twelve (12) hours of 646
training per year. The content of the course of training and when 647
and where it is to be conducted shall be approved by the office. 648
A certificate of completion shall be furnished by the State 649
Department of Education to those school attendance officers who 650
complete the course. Each certificate shall be made a permanent 651
record of the local school * * * district where the school 652
attendance officer is employed. 653
(3) Upon the failure of any person employed as a school 654
attendance officer to receive the certificate of completion from 655
the State Department of Education within the first year of his 656
employment, the person shall not be allowed to carry out any of 657
the duties of a school attendance officer and shall not be 658
entitled to compensation for the period of time during which the 659
certificate has not been obtained. 660
SECTION 8. This act shall take effect and be in force from 661
and after July 1, 2026. 662