Released time courses; authorize for public school students to attend off campus religious or moral instruction for credit.

S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~ G1/2
26/SS08/R316
PAGE 1 (icj\kr)

To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hill

SENATE BILL NO. 2101

AN ACT TO DIRECT EACH LOCAL SCHOOL BOARD TO ADOPT A POLICY 1
EXCUSING A STUDENT FROM SCHOOL TO ATTEND A RELEASED TIME COURSE 2
FOR NO MORE THAN THREE CLASS PERIODS PER WEEK OR A MAXIMUM OF 125 3
CLASS PERIODS PER SCHOOL YEAR UNDER CERTAIN CONDITIONS; TO PROVIDE 4
THAT THE STUDENT SHALL RECEIVE ELECTIVE CREDIT FOR TIME SPENT 5
ATTENDING RELEASED TIME COURSES; TO PROVIDE RELIGIOUSLY NEUTRAL 6
CRITERIA FOR A SCHOOL BOARD TO FOLLOW IN DETERMINING WHETHER 7
CREDIT MAY BE AWARDED FOR A PARTICULAR RELEASED TIME COURSE; TO 8
EXEMPT CHARTER SCHOOLS AND VIRTUAL SCHOOLS; TO AMEND SECTION 9
37-13-91, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED 10
PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. (1) Each local school board shall adopt a policy 13
excusing a student from school to attend a released time course 14
for no more than three (3) class periods per week or a maximum of 15
one hundred twenty-five (125) class periods per school year, 16
provided that: 17
(a) The student's parent or legal guardian provides 18
written consent prior to the student's participation in the 19
released time course, or alternatively, if the student's parent or 20
legal guardian does not respond to the request for written 21
S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~
26/SS08/R316
PAGE 2 (icj\kr)

consent, the student provides written consent to the student's 22
participation in the released time course; 23
(b) The student's parent or legal guardian may, at any 24
time, terminate the student's participation in the released time 25
program upon written notice to the school board; 26
(c) No school district funds other than de minimis 27
administrative costs are expended and no district personnel, 28
equipment or resources are involved in providing the instruction; 29
(d) The independent release entity maintains attendance 30
records and makes them available to the school district and its 31
school board; 32
(e) Any transportation provided to and from the place 33
of instruction is the sole responsibility of the independent 34
release entity, the student, or the student's parent or legal 35
guardian; 36
(f) The independent release entity or the student's 37
parent or legal guardian indemnifies the school district and holds 38
it harmless with regard to any liability arising from conduct that 39
does not occur on school property under the control or supervision 40
of the school district, and the independent release entity 41
maintains adequate insurance for that purpose; 42
(g) The student assumes responsibility for any missed 43
school work; and 44
(h) The school district superintendent, the principal 45
for the school site in which the student is enrolled, or the 46
S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~
26/SS08/R316
PAGE 3 (icj\kr)

designee of either has reasonable discretion over the scheduling 47
and timing of released time courses; provided, the student may not 48
be excused to participate in a released time course during any 49
class in which the subject matter being taught is subject to the 50
assessment requirements of Chapter 16, Title 37, Mississippi Code 51
of 1972. 52
(2) The school district, its school board, and the state 53
shall not be liable for the student who participates in a released 54
time course when the student is not under the control or 55
supervision of the district. 56
(3) Instructors hired by an independent release entity to 57
provide a released time course shall not be required to be 58
licensed or certified teachers. 59
(4) A student who attends a released time course shall be 60
considered in attendance in the school district, and the time 61
shall be calculated as part of the school day. 62
(5) A local school board shall award a student elective 63
credit for work completed in a released time course that is 64
substantiated by a transcript from the independent release entity 65
providing the course. A student shall be awarded credit for the 66
completion of each released time course. To determine whether 67
credit may be awarded as provided in this subsection, the school 68
board shall evaluate the course in a neutral and secular manner 69
that does not involve any test for religious content or 70
denominational affiliation. For purposes of this subsection, the 71
S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~
26/SS08/R316
PAGE 4 (icj\kr)

secular criteria used to evaluate a released time course may 72
include: 73
(a) The amount of classroom instruction time; 74
(b) The course syllabus, which reflects the course 75
requirements and any materials used in the course; 76
(c) Methods of assessment used in the course; and 77
(d) The qualifications of the course instructor. 78
(6) This section shall not apply to charter schools 79
established under Section 37-28-1 et seq. or virtual schools 80
established under Section 37-161-1 et seq. 81
SECTION 2. Section 37-13-91, Mississippi Code of 1972, is 82
amended as follows: 83
37-13-91. (1) This section shall be referred to as the 84
"Mississippi Compulsory School Attendance Law." 85
(2) The following terms as used in this section are defined 86
as follows: 87
(a) "Parent" means the father or mother to whom a child 88
has been born, or the father or mother by whom a child has been 89
legally adopted. 90
(b) "Guardian" means a guardian of the person of a 91
child, other than a parent, who is legally appointed by a court of 92
competent jurisdiction. 93
(c) "Custodian" means any person having the present 94
care or custody of a child, other than a parent or guardian of the 95
child. 96
S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~
26/SS08/R316
PAGE 5 (icj\kr)

(d) "School day" means not less than five and one-half 97
(5-1/2) and not more than eight (8) hours of actual teaching in 98
which both teachers and pupils are in regular attendance for 99
scheduled schoolwork. 100
(e) "School" means any public school, including a 101
charter school, in this state or any nonpublic school in this 102
state which is in session each school year for at least one 103
hundred eighty (180) school days, except that the "nonpublic" 104
school term shall be the number of days that each school shall 105
require for promotion from grade to grade. 106
(f) "Compulsory-school-age child" means a child who has 107
attained or will attain the age of six (6) years on or before 108
September 1 of the calendar year and who has not attained the age 109
of seventeen (17) years on or before September 1 of the calendar 110
year; and shall include any child who has attained or will attain 111
the age of five (5) years on or before September 1 and has 112
enrolled in a full-day public school kindergarten program. 113
(g) "School attendance officer" means a person employed 114
by the State Department of Education pursuant to Section 37-13-89. 115
(h) "Appropriate school official" means the 116
superintendent of the school district, or his designee, or, in the 117
case of a nonpublic school, the principal or the headmaster. 118
(i) "Nonpublic school" means an institution for the 119
teaching of children, consisting of a physical plant, whether 120
owned or leased, including a home, instructional staff members and 121
S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~
26/SS08/R316
PAGE 6 (icj\kr)

students, and which is in session each school year. This 122
definition shall include, but not be limited to, private, church, 123
parochial and home instruction programs. 124
(j) "Released time course" means course in religious or 125
moral instruction taught by an independent entity off school 126
property at a time during which a student is excused from school 127
to attend such course. 128
(k) "Independent release entity" means a person or 129
organization not under the control of a school district or the 130
State Board of Education that teaches a released time course. 131
(3) A parent, guardian or custodian of a 132
compulsory-school-age child in this state shall cause the child to 133
enroll in and attend a public school or legitimate nonpublic 134
school for the period of time that the child is of compulsory 135
school age, except under the following circumstances: 136
(a) When a compulsory-school-age child is physically, 137
mentally or emotionally incapable of attending school as 138
determined by the appropriate school official based upon 139
sufficient medical documentation. 140
(b) When a compulsory-school-age child is enrolled in 141
and pursuing a course of special education, remedial education or 142
education for children with physical or mental disadvantages or 143
disabilities. 144
(c) When a compulsory-school-age child is being 145
educated in a legitimate home instruction program. 146
S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~
26/SS08/R316
PAGE 7 (icj\kr)

The parent, guardian or custodian of a compulsory-school-age 147
child described in this subsection, or the parent, guardian or 148
custodian of a compulsory-school-age child attending any charter 149
school or nonpublic school, or the appropriate school official for 150
any or all children attending a charter school or nonpublic school 151
shall complete a "certificate of enrollment" in order to 152
facilitate the administration of this section. 153
The form of the certificate of enrollment shall be prepared 154
by the Office of Compulsory School Attendance Enforcement of the 155
State Department of Education and shall be designed to obtain the 156
following information only: 157
(i) The name, address, telephone number and date 158
of birth of the compulsory-school-age child; 159
(ii) The name, address and telephone number of the 160
parent, guardian or custodian of the compulsory-school-age child; 161
(iii) A simple description of the type of 162
education the compulsory-school-age child is receiving and, if the 163
child is enrolled in a nonpublic school, the name and address of 164
the school; and 165
(iv) The signature of the parent, guardian or 166
custodian of the compulsory-school-age child or, for any or all 167
compulsory-school-age child or children attending a charter school 168
or nonpublic school, the signature of the appropriate school 169
official and the date signed. 170
S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~
26/SS08/R316
PAGE 8 (icj\kr)

The certificate of enrollment shall be returned to the school 171
attendance officer where the child resides on or before September 172
15 of each year. Any parent, guardian or custodian found by the 173
school attendance officer to be in noncompliance with this section 174
shall comply, after written notice of the noncompliance by the 175
school attendance officer, with this subsection within ten (10) 176
days after the notice or be in violation of this section. 177
However, in the event the child has been enrolled in a public 178
school within fifteen (15) calendar days after the first day of 179
the school year as required in subsection (6), the parent or 180
custodian may, at a later date, enroll the child in a legitimate 181
nonpublic school or legitimate home instruction program and send 182
the certificate of enrollment to the school attendance officer and 183
be in compliance with this subsection. 184
For the purposes of this subsection, a legitimate nonpublic 185
school or legitimate home instruction program shall be those not 186
operated or instituted for the purpose of avoiding or 187
circumventing the compulsory attendance law. 188
(4) An "unlawful absence" is an absence for an entire school 189
day or during part of a school day by a compulsory-school-age 190
child, which absence is not due to a valid excuse for temporary 191
nonattendance. For purposes of reporting absenteeism under 192
subsection (6) of this section, if a compulsory-school-age child 193
has an absence that is more than thirty-seven percent (37%) of the 194
instructional day, as fixed by the school board for the school at 195
S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~
26/SS08/R316
PAGE 9 (icj\kr)

which the compulsory-school-age child is enrolled, the child must 196
be considered absent the entire school day. Days missed from 197
school due to disciplinary suspension shall not be considered an 198
"excused" absence under this section. This subsection shall not 199
apply to children enrolled in a nonpublic school. 200
Each of the following shall constitute a valid excuse for 201
temporary nonattendance of a compulsory-school-age child enrolled 202
in a noncharter public school, provided satisfactory evidence of 203
the excuse is provided to the superintendent of the school 204
district, or his designee: 205
(a) An absence is excused when the absence results from 206
the compulsory-school-age child's attendance at an authorized 207
school activity with the prior approval of the superintendent of 208
the school district, or his designee. These activities may 209
include field trips, athletic contests, student conventions, 210
musical festivals and any similar activity. 211
(b) An absence is excused when the absence results from 212
illness or injury which prevents the compulsory-school-age child 213
from being physically able to attend school. 214
(c) An absence is excused when isolation of a 215
compulsory-school-age child is ordered by the county health 216
officer, by the State Board of Health or appropriate school 217
official. 218
(d) An absence is excused when it results from the 219
death or serious illness of a member of the immediate family of a 220
S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~
26/SS08/R316
PAGE 10 (icj\kr)

compulsory-school-age child. The immediate family members of a 221
compulsory-school-age child shall include children, spouse, 222
grandparents, parents, brothers and sisters, including 223
stepbrothers and stepsisters. 224
(e) An absence is excused when it results from a 225
medical or dental appointment of a compulsory-school-age child. 226
(f) An absence is excused when it results from the 227
attendance of a compulsory-school-age child at the proceedings of 228
a court or an administrative tribunal if the child is a party to 229
the action or under subpoena as a witness. 230
(g) An absence may be excused if the religion to which 231
the compulsory-school-age child or the child's parents adheres, 232
requires or suggests the observance of a religious event. The 233
approval of the absence is within the discretion of the 234
superintendent of the school district, or his designee, but 235
approval should be granted unless the religion's observance is of 236
such duration as to interfere with the education of the child. 237
(h) An absence may be excused when it is demonstrated 238
to the satisfaction of the superintendent of the school district, 239
or his designee, that the purpose of the absence is to take 240
advantage of a valid educational opportunity such as travel, 241
including vacations or other family travel. Approval of the 242
absence must be gained from the superintendent of the school 243
district, or his designee, before the absence, but the approval 244
shall not be unreasonably withheld. 245
S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~
26/SS08/R316
PAGE 11 (icj\kr)

(i) An absence may be excused when it is demonstrated 246
to the satisfaction of the superintendent of the school district, 247
or his designee, that conditions are sufficient to warrant the 248
compulsory-school-age child's nonattendance. However, no absences 249
shall be excused by the school district superintendent, or his 250
designee, when any student suspensions or expulsions circumvent 251
the intent and spirit of the compulsory attendance law. 252
(j) An absence is excused when it results from the 253
attendance of a compulsory-school-age child participating in 254
official organized events sponsored by the 4-H or Future Farmers 255
of America (FFA). The excuse for the 4-H or FFA event must be 256
provided in writing to the appropriate school superintendent by 257
the Extension Agent or High School Agricultural Instructor/FFA 258
Advisor. 259
(k) An absence is excused when it results from the 260
compulsory-school-age child officially being employed to serve as 261
a page at the State Capitol for the Mississippi House of 262
Representatives or Senate. 263
(5) Any parent, guardian or custodian of a 264
compulsory-school-age child subject to this section who refuses or 265
willfully fails to perform any of the duties imposed upon him or 266
her under this section or who intentionally falsifies any 267
information required to be contained in a certificate of 268
enrollment, shall be guilty of contributing to the neglect of a 269
S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~
26/SS08/R316
PAGE 12 (icj\kr)

child and, upon conviction, shall be punished in accordance with 270
Section 97-5-39. 271
Upon prosecution of a parent, guardian or custodian of a 272
compulsory-school-age child for violation of this section, the 273
presentation of evidence by the prosecutor that shows that the 274
child has not been enrolled in school within eighteen (18) 275
calendar days after the first day of the school year of the public 276
school which the child is eligible to attend, or that the child 277
has accumulated twelve (12) unlawful absences during the school 278
year at the public school in which the child has been enrolled, 279
shall establish a prima facie case that the child's parent, 280
guardian or custodian is responsible for the absences and has 281
refused or willfully failed to perform the duties imposed upon him 282
or her under this section. However, no proceedings under this 283
section shall be brought against a parent, guardian or custodian 284
of a compulsory-school-age child unless the school attendance 285
officer has contacted promptly the home of the child and has 286
provided written notice to the parent, guardian or custodian of 287
the requirement for the child's enrollment or attendance. 288
(6) If a compulsory-school-age child has not been enrolled 289
in a school within fifteen (15) calendar days after the first day 290
of the school year of the school which the child is eligible to 291
attend or the child has accumulated five (5) unlawful absences 292
during the school year of the public school in which the child is 293
enrolled, the school district superintendent, or his designee, 294
S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~
26/SS08/R316
PAGE 13 (icj\kr)

shall report, within two (2) school days or within five (5) 295
calendar days, whichever is less, the absences to the school 296
attendance officer. The State Department of Education shall 297
prescribe a uniform method for schools to utilize in reporting the 298
unlawful absences to the school attendance officer. The 299
superintendent, or his designee, also shall report any student 300
suspensions or student expulsions to the school attendance officer 301
when they occur. 302
(7) When a school attendance officer has made all attempts 303
to secure enrollment and/or attendance of a compulsory-school-age 304
child and is unable to effect the enrollment and/or attendance, 305
the attendance officer shall file a petition with the youth court 306
under Section 43-21-451 or shall file a petition in a court of 307
competent jurisdiction as it pertains to parent or child. 308
Sheriffs, deputy sheriffs and municipal law enforcement officers 309
shall be fully authorized to investigate all cases of 310
nonattendance and unlawful absences by compulsory-school-age 311
children, and shall be authorized to file a petition with the 312
youth court under Section 43-21-451 or file a petition or 313
information in the court of competent jurisdiction as it pertains 314
to parent or child for violation of this section. The youth court 315
shall expedite a hearing to make an appropriate adjudication and a 316
disposition to ensure compliance with the Compulsory School 317
Attendance Law, and may order the child to enroll or re-enroll in 318
school. The superintendent of the school district to which the 319
S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~
26/SS08/R316
PAGE 14 (icj\kr)

child is ordered may assign, in his discretion, the child to the 320
alternative school program of the school established pursuant to 321
Section 37-13-92. 322
(8) The State Board of Education shall adopt rules and 323
regulations for the purpose of reprimanding any school 324
superintendents who fail to timely report unexcused absences under 325
the provisions of this section. 326
(9) Notwithstanding any provision or implication herein to 327
the contrary, it is not the intention of this section to impair 328
the primary right and the obligation of the parent or parents, or 329
person or persons in loco parentis to a child, to choose the 330
proper education and training for such child, and nothing in this 331
section shall ever be construed to grant, by implication or 332
otherwise, to the State of Mississippi, any of its officers, 333
agencies or subdivisions any right or authority to control, 334
manage, supervise or make any suggestion as to the control, 335
management or supervision of any private or parochial school or 336
institution for the education or training of children, of any kind 337
whatsoever that is not a public school according to the laws of 338
this state; and this section shall never be construed so as to 339
grant, by implication or otherwise, any right or authority to any 340
state agency or other entity to control, manage, supervise, 341
provide for or affect the operation, management, program, 342
curriculum, admissions policy or discipline of any such school or 343
home instruction program. 344
S. B. No. 2101 *SS08/R316* ~ OFFICIAL ~
26/SS08/R316
PAGE 15 (icj\kr)
ST: Released time courses; authorize for public
school students to attend off campus religious
or moral instruction for credit.
SECTION 3. Section 1 of this act shall be codified in 345
Chapter 13, Title 37, Mississippi Code of 1972. 346
SECTION 4. This act shall take effect and be in force from 347
and after July 1, 2026. 348