Education; provide pay increases, revise counseling ethical requirements, and reform school attendance law.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hill

SENATE BILL NO. 2103
(As Sent to Governor)

AN ACT TO AMEND SECTION 37-9-79, MISSISSIPPI CODE OF 1972, TO 1
DELETE THE PROVISION THAT REQUIRES PROFESSIONAL SCHOOL COUNSELORS 2
TO ABIDE BY THE AMERICAN SCHOOL COUNSELOR ASSOCIATION CODE OF 3
ETHICS; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ADOPT 4
REGULATIONS REGARDING THE ACTIVITIES OF PROFESSIONAL SCHOOL 5
COUNSELORS, INCLUDING A MODEL CODE OF PROFESSIONAL ETHICS; TO 6
AMEND SECTION 37-19-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AN 7
INCREASE TO THE MINIMUM TEACHER SALARY SCALE; TO PROVIDE AN ANNUAL 8
SALARY SUPPLEMENT TO LICENSED SPECIAL EDUCATION TEACHERS EMPLOYED 9
BY A SCHOOL DISTRICT ON A FULL-TIME BASIS TO PROVIDE SPECIAL 10
EDUCATION INSTRUCTION, TO LICENSED OCCUPATIONAL THERAPISTS AND TO 11
CERTIFIED SCHOOL PSYCHOLOGISTS; TO AMEND SECTION 37-21-7, 12
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO SCHOOL DISTRICT SHALL 13
REDUCE THE LOCAL SUPPLEMENT OR PAY AN INDIVIDUAL ASSISTANT TEACHER 14
LESS THAN THE STATE MINIMUM SALARY IN A YEAR IN WHICH THE STATE 15
MINIMUM SALARY IS INCREASED; TO PROVIDE FOR A REDUCTION IN FUNDS 16
FOR DISTRICTS THAT VIOLATE THIS SECTION; TO PROVIDE THAT NO 17
DISTRICT SHALL PAY ANY ASSISTANT TEACHER LESS THAN THE STATE 18
MINIMUM SALARY UNLESS DONE SO BY A PRO RATA DAILY AMOUNT WHERE 19
THERE HAS BEEN A REDUCTION IN TOTAL FUNDING FORMULA ALLOCATIONS 20
FOR SUCH DISTRICT IN SUCH YEAR OR IN THE AMOUNT OF FEDERAL FUNDS 21
TO SUCH DISTRICT FROM THE PREVIOUS YEAR; TO PROVIDE FOR AN 22
INCREASE TO THE MINIMUM BASE SALARY FOR ASSISTANT TEACHERS; TO 23
AMEND SECTION 37-151-203, MISSISSIPPI CODE OF 1972, TO INCREASE 24
THE AMOUNT OF THE BASE STUDENT COST; TO AMEND SECTIONS 37-13-89 25
AND 37-13-91, MISSISSIPPI CODE OF 1972, TO REVISE QUALIFICATIONS 26
FOR SCHOOL ATTENDANCE OFFICERS; TO DIRECT THE STATE TO PROVIDE 27
FUNDING FOR ONE SCHOOL ATTENDANCE OFFICER FOR EVERY 4,000 28
COMPULSORY-SCHOOL-AGED CHILDREN IN ENROLLMENT IN THE PUBLIC 29
SCHOOLS; TO INSTITUTE A NEW MINIMUM SALARY SCHEDULE FOR SCHOOL 30
ATTENDANCE OFFICERS; TO PROVIDE THAT EACH SCHOOL ATTENDANCE 31
OFFICER MAY RECEIVE AN ANNUAL SALARY SUPPLEMENT FROM THE SCHOOL 32
DISTRICT IN WHICH HE OR SHE SERVES, AT THE DISCRETION OF THE 33
DISTRICT; TO REFORM THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE 34
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LAW; TO AMEND SECTIONS 37-9-39 and 37-151-103, MISSISSIPPI CODE OF 35
1972, TO REVISE THE TIME IN DECEMBER WHEN SCHOOL DISTRICTS SHALL 36
PROCESS PAYROLL FOR ALL EMPLOYEES FROM THE LAST WORKING DAY TO A 37
TIME CONSISTENT WITH OTHER MONTHLY INSTALLMENTS AS A MEANS OF 38
PREVENTING THE 45-DAY GAP BETWEEN TEACHER PAY PERIODS FROM THE 39
DECEMBER PAY DATE TO JANUARY PAY DATE; TO REPEAL SECTION 40
25-11-126, MISSISSIPPI CODE OF 1972, WHICH CONTAINS PROVISIONS FOR 41
RETIRED TEACHERS RETURNING TO WORK WHILE CONTINUING TO DRAW 42
RETIREMENT BENEFITS; AND FOR RELATED PURPOSES. 43
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 44
SECTION 1. Section 37-9-79, Mississippi Code of 1972, is 45
amended as follows: 46
37-9-79. (1) Beginning with the 2014-2015 school year, the 47
assignment of K-12 Professional School Counselors to the 48
particular schools within the district shall be at the discretion 49
of the local school board with the following restrictions: 50
(a) No individual shall be employed as a professional 51
school counselor without a minimum of a Master's Degree in 52
Guidance and Counseling, or in an emergency situation, an 53
appropriate certification as determined by the Commission of 54
Teacher and Administrator Education, Certification and Licensure 55
and Development; and 56
(b) Professional school counselors shall provide the 57
following comprehensive counseling services: 58
(i) Academic and personal/social counseling; 59
(ii) Use multiple student data sources to help 60
students make informed academic and career choices; 61
(iii) Career and educational counseling; 62
(iv) Individual and group counseling 63
(large/small); 64
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(v) Crisis intervention and preventive counseling; 65
(vi) Referrals to community agencies; 66
(vii) Educational consultations and collaboration 67
with teachers, administrators, parents and community leaders; 68
(viii) Educational and career placement services; 69
(ix) Follow-up counseling services; 70
(x) Conflict resolution; and 71
(xi) Professional school counselors must spend a 72
minimum of eighty percent (80%) of their contractual time to the 73
delivery of services to students as outlined by the American 74
School Counselor Association. Delivery of services is the direct 75
service provided to students, parents, school staff and the 76
community which are interaction between professional school 77
counselors and students. These direct services may include the 78
delivery of the following: 79
1. School counseling core curriculum: This 80
curriculum is designed to help students attain the desired 81
competencies and to provide all students with the knowledge, 82
attitudes and skills appropriate for their developmental level. 83
The school counseling core curriculum is delivered throughout the 84
school's overall curriculum and may be presented by professional 85
school counselors in collaboration with other professional 86
educators and other resources. Collaborative efforts may be 87
implemented to enhance the services provided. 88
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2. Individual student planning: Professional 89
school counselors coordinate ongoing systemic activities or 90
individual/group sessions designed to assist students in 91
establishing personal/social goals and developing future career 92
plans. 93
3. Responsive services: Responsive services 94
are designed to meet students' immediate needs and concerns in 95
regard to social/personal issues. Responsive services may include 96
counseling in individual, small-group settings, or crisis 97
responses. 98
4. Indirect Student Services: Indirect 99
services are provided on behalf of students as a result of the 100
school counselors' interactions with others including referrals 101
for additional assistance, consultation and collaboration with 102
parents, teachers, other educators and community organizations. 103
(2) * * * [Deleted] 104
(3) The State Department of Education * * * shall adopt 105
regulations regarding the activities of the professional school 106
counselor as are not inconsistent with this section, including a 107
model code of professional ethics that may be adopted by local 108
school boards. 109
SECTION 2. Section 37-19-7, Mississippi Code of 1972, is 110
amended as follows: 111
37-19-7. (1) Teachers' salaries in each public school 112
district shall be determined and paid in accordance with the scale 113
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for teachers' salaries as provided in this subsection. For 114
teachers holding the following types of licenses or the equivalent 115
as determined by the State Board of Education, and the following 116
number of years of teaching experience, the scale shall be as 117
follows: 118
* * * 119
2026-2027 AND SUBSEQUENT SCHOOL YEARS MINIMUM SALARY SCHEDULE 120
Exp. AAAA AAA AA A 121
0 47,500.00 46,000.00 45,000.00 43,500.00 122
1 48,100.00 46,550.00 45,525.00 43,900.00 123
2 48,700.00 47,100.00 46,050.00 44,300.00 124
3 49,300.00 47,650.00 46,575.00 44,700.00 125
4 49,900.00 48,200.00 47,100.00 45,100.00 126
5 51,250.00 49,500.00 48,350.00 46,300.00 127
6 51,850.00 50,050.00 48,875.00 46,700.00 128
7 52,450.00 50,600.00 49,400.00 47,100.00 129
8 53,050.00 51,150.00 49,925.00 47,500.00 130
9 53,650.00 51,700.00 50,450.00 47,900.00 131
10 55,000.00 53,000.00 51,700.00 49,100.00 132
11 55,600.00 53,550.00 52,225.00 49,500.00 133
12 56,200.00 54,100.00 52,750.00 49,900.00 134
13 56,800.00 54,650.00 53,275.00 50,300.00 135
14 57,400.00 55,200.00 53,800.00 50,700.00 136
15 58,750.00 56,500.00 55,050.00 51,900.00 137
16 59,350.00 57,050.00 55,575.00 52,300.00 138
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17 59,950.00 57,600.00 56,100.00 52,700.00 139
18 60,550.00 58,150.00 56,625.00 53,100.00 140
19 61,150.00 58,700.00 57,150.00 53,500.00 141
20 62,500.00 60,000.00 58,400.00 54,700.00 142
21 63,100.00 60,550.00 58,925.00 55,100.00 143
22 63,700.00 61,100.00 59,450.00 55,500.00 144
23 64,300.00 61,650.00 59,975.00 55,900.00 145
24 64,900.00 62,200.00 60,500.00 56,300.00 146
25 67,400.00 64,700.00 63,000.00 58,800.00 147
26 68,000.00 65,250.00 63,525.00 59,200.00 148
27 68,600.00 65,800.00 64,050.00 59,600.00 149
28 69,200.00 66,350.00 64,575.00 60,000.00 150
29 69,800.00 66,900.00 65,100.00 60,400.00 151
30 70,400.00 67,450.00 65,625.00 60,800.00 152
31 71,000.00 68,000.00 66,150.00 61,200.00 153
32 71,600.00 68,550.00 66,675.00 61,600.00 154
33 72,200.00 69,100.00 67,200.00 62,000.00 155
34 72,800.00 69,650.00 67,725.00 62,400.00 156
35 157
& above 73,400.00 70,200.00 68,250.00 62,800.00 158
* * * 159
It is the intent of the Legislature that any state funds made 160
available for salaries of licensed personnel in excess of the 161
funds paid for such salaries for the 1986-1987 school year shall 162
be paid to licensed personnel pursuant to a personnel appraisal 163
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and compensation system implemented by the State Board of 164
Education. The State Board of Education shall have the authority 165
to adopt and amend rules and regulations as are necessary to 166
establish, administer and maintain the system. 167
All teachers employed on a full-time basis shall be paid a 168
minimum salary in accordance with the above scale. However, no 169
school district shall receive any funds under this section for any 170
school year during which the local supplement paid to any 171
individual teacher shall have been reduced to a sum less than that 172
paid to that individual teacher for performing the same duties 173
from local supplement during the immediately preceding school 174
year. The amount actually spent for the purposes of group health 175
and/or life insurance shall be considered as a part of the 176
aggregate amount of local supplement but shall not be considered a 177
part of the amount of individual local supplement. 178
The level of professional training of each teacher to be used 179
in establishing the salary for the teacher for each year shall be 180
determined by the type of valid teacher's license issued to that 181
teacher on or before October 1 of the current school year. 182
However, school districts are authorized, in their discretion, to 183
negotiate the salary levels applicable to licensed employees who 184
are receiving retirement benefits from the retirement system of 185
another state. 186
(2) (a) The following employees shall receive an annual 187
salary supplement in the amount of Six Thousand Dollars 188
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($6,000.00), plus fringe benefits, in addition to any other 189
compensation to which the employee may be entitled: 190
(i) Any licensed teacher or retired teacher 191
employed by a school district under the authority of Section 192
25-11-126 who has met the requirements and acquired a Master 193
Teacher certificate from the National Board for Professional 194
Teaching Standards and who is employed by a local school board or 195
the State Board of Education as a teacher and not as an 196
administrator. Such teacher shall submit documentation to the 197
State Department of Education that the certificate was received 198
prior to October 15 in order to be eligible for the full salary 199
supplement in the current school year, or the teacher shall submit 200
such documentation to the State Department of Education prior to 201
February 15 in order to be eligible for a prorated salary 202
supplement beginning with the second term of the school year. 203
(ii) A licensed nurse who has met the requirements 204
and acquired a certificate from the National Board for 205
Certification of School Nurses, Inc., and who is employed by a 206
local school board or the State Board of Education as a school 207
nurse and not as an administrator. The licensed school nurse 208
shall submit documentation to the State Department of Education 209
that the certificate was received before October 15 in order to be 210
eligible for the full salary supplement in the current school 211
year, or the licensed school nurse shall submit the documentation 212
to the State Department of Education before February 15 in order 213
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to be eligible for a prorated salary supplement beginning with the 214
second term of the school year. 215
(iii) Any licensed school counselor who has met 216
the requirements and acquired a National Certified School 217
Counselor (NCSC) endorsement from the National Board of Certified 218
Counselors and who is employed by a local school board or the 219
State Board of Education as a counselor and not as an 220
administrator. Such licensed school counselor shall submit 221
documentation to the State Department of Education that the 222
endorsement was received prior to October 15 in order to be 223
eligible for the full salary supplement in the current school 224
year, or the licensed school counselor shall submit such 225
documentation to the State Department of Education prior to 226
February 15 in order to be eligible for a prorated salary 227
supplement beginning with the second term of the school year. 228
However, any school counselor who started the National Board for 229
Professional Teaching Standards process for school counselors 230
between June 1, 2003, and June 30, 2004, and completes the 231
requirements and acquires the Master Teacher certificate shall be 232
entitled to the master teacher supplement, and those counselors 233
who complete the process shall be entitled to a one-time 234
reimbursement for the actual cost of the process as outlined in 235
paragraph (b) of this subsection. 236
(iv) Any licensed speech-language pathologist and 237
audiologist who has met the requirements and acquired a 238
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Certificate of Clinical Competence from the American 239
Speech-Language-Hearing Association and any certified academic 240
language therapist (CALT) who has met the certification 241
requirements of the Academic Language Therapy Association and who 242
is employed by a local school board or the State Board of 243
Education as a certified academic language therapist and not as an 244
administrator. The licensed speech-language pathologist and 245
audiologist and certified academic language therapist shall submit 246
documentation to the State Department of Education that the 247
certificate or endorsement was received before October 15 in order 248
to be eligible for the full salary supplement in the current 249
school year, or the licensed speech-language pathologist and 250
audiologist and certified academic language therapist shall submit 251
the documentation to the State Department of Education before 252
February 15 in order to be eligible for a prorated salary 253
supplement beginning with the second term of the school year. 254
(v) Any licensed athletic trainer who has met the 255
requirements and acquired Board Certification for the Athletic 256
Trainer from the Board of Certification, Inc., and who is employed 257
by a local school board or the State Board of Education as an 258
athletic trainer and not as an administrator. The licensed 259
athletic trainer shall submit documentation to the State 260
Department of Education that the certificate was received before 261
October 15 in order to be eligible for the full salary supplement 262
in the current school year, or the licensed athletic trainer shall 263
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submit the documentation to the State Department of Education 264
before February 15 in order to be eligible for a prorated salary 265
supplement beginning with the second term of the school year. 266
(b) The following employees shall receive an annual 267
salary supplement in the amount of Two Thousand Dollars 268
($2,000.00), plus fringe benefits, in addition to any other 269
compensation to which the employee may be entitled: 270
(i) Any licensed special education teacher 271
employed by a school district on a full-time basis and 272
specifically providing special education instruction to the 273
population of exceptional students so entitled to such instruction 274
as required in Chapter 23, Title 37, Mississippi Code of 1972, and 275
in compliance with IDEA. 276
(ii) Any occupational therapist who has met the 277
requirements and acquired initial certification as an Occupational 278
Therapist Registered from the National Board Certification of 279
Occupational Therapy, Inc., and who is employed by a local school 280
board or the State Board of Education as an occupational therapist 281
and not as an administrator. The licensed occupational therapist 282
shall submit documentation to the State Department of Education 283
that the certification was received before October 15 of each year 284
in order to be eligible for the full salary supplement in the 285
current school year, or the occupational therapist shall submit 286
the documentation to the State Department of Education before 287
February 15 of each year in order to be eligible for a prorated 288
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salary supplement beginning with the second term of the school 289
year. 290
(iii) Any school psychologist who has met the 291
requirements and acquired the proper certification as a Nationally 292
Certified School Psychologist (NCSP) from the National Association 293
of School Psychologists (NASP), is licensed to practice in the 294
State of Mississippi, and is employed by a local school board or 295
the State Board of Education as a school psychologist and not as 296
an administrator. The school psychologist shall submit 297
documentation to the State Department of Education that the 298
certificate or endorsement was received before October 15 in order 299
to be eligible for the full salary supplement in the current 300
school year, or the school psychologist shall submit the 301
documentation to the State Department of Education before February 302
15 in order to be eligible for a prorated salary supplement 303
beginning with the second term of the school year. 304
( * * *c) An employee shall be reimbursed for the 305
actual cost of completing each component of acquiring the 306
certificate or endorsement, excluding any costs incurred for 307
postgraduate courses, not to exceed Five Hundred Dollars ($500.00) 308
for each component, not to exceed four (4) components, for a 309
teacher, school counselor or speech-language pathologist and 310
audiologist, regardless of whether or not the process resulted in 311
the award of the certificate or endorsement. A local school 312
district or any private individual or entity may pay the cost of 313
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completing the process of acquiring the certificate or endorsement 314
for any employee of the school district described under paragraph 315
(a), and the State Department of Education shall reimburse the 316
school district for such cost, regardless of whether or not the 317
process resulted in the award of the certificate or endorsement. 318
If a private individual or entity has paid the cost of completing 319
the process of acquiring the certificate or endorsement for an 320
employee, the local school district may agree to directly 321
reimburse the individual or entity for such cost on behalf of the 322
employee. 323
( * * *d) All salary supplements, fringe benefits and 324
process reimbursement authorized under this subsection shall be 325
paid directly by the State Department of Education to the local 326
school district and shall be in addition to its allotments from 327
the total funding formula provided in Sections 37-151-200 through 328
37-151-215 and not a part thereof in accordance with regulations 329
promulgated by the State Board of Education. Local school 330
districts shall not reduce the local supplement paid to any 331
employee receiving such salary supplement, and the employee shall 332
receive any local supplement to which employees with similar 333
training and experience otherwise are entitled. However, an 334
educational employee shall receive the salary supplement in the 335
amount of Six Thousand Dollars ($6,000.00) for only one (1) of the 336
qualifying certifications authorized under paragraph (a) of this 337
subsection. No school district shall provide more than one (1) 338
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annual salary supplement under the provisions of this subsection 339
to any one (1) individual employee holding multiple qualifying 340
national certifications. 341
( * * *e) If an employee for whom such cost has been 342
paid, in full or in part, by a local school district or private 343
individual or entity fails to complete the certification or 344
endorsement process, the employee shall be liable to the school 345
district or individual or entity for all amounts paid by the 346
school district or individual or entity on behalf of that employee 347
toward his or her certificate or endorsement. 348
(3) The following employees shall receive an annual salary 349
supplement in the amount of Four Thousand Dollars ($4,000.00), 350
plus fringe benefits, in addition to any other compensation to 351
which the employee may be entitled: 352
Effective July 1, 2016, if funds are available for that 353
purpose, any licensed teacher or retired teacher employed by a 354
local school district under the authority of Section 25-11-126 who 355
has met the requirements and acquired a Master Teacher Certificate 356
from the National Board for Professional Teaching Standards and 357
who is employed in a public school district located in one (1) of 358
the following counties: Claiborne, Adams, Jefferson, Wilkinson, 359
Amite, Bolivar, Coahoma, Leflore, Quitman, Sharkey, Issaquena, 360
Sunflower, Washington, Holmes, Yazoo and Tallahatchie. The salary 361
supplement awarded under the provisions of this subsection (3) 362
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shall be in addition to the salary supplement awarded under the 363
provisions of subsection (2) of this section. 364
Teachers who meet the qualifications for a salary supplement 365
under this subsection (3) who are assigned for less than one (1) 366
full year or less than full time for the school year shall receive 367
the salary supplement in a prorated manner, with the portion of 368
the teacher's assignment to the critical geographic area to be 369
determined as of June 15th of the school year. 370
(4) (a) This subsection shall be known and may be cited as 371
the "Mississippi Performance-Based Pay (MPBP)" plan. In addition 372
to the minimum base pay described in this section, only if funds 373
are available for that purpose, the State of Mississippi may 374
provide monies from state funds to school districts for the 375
purposes of rewarding licensed teachers, administrators and 376
nonlicensed personnel at individual schools showing improvement in 377
student test scores. The MPBP plan shall be developed by the 378
State Department of Education based on the following criteria: 379
(i) It is the express intent of this legislation 380
that the MPBP plan shall utilize only existing standards of 381
accreditation and assessment as established by the State Board of 382
Education. 383
(ii) To ensure that all of Mississippi's teachers, 384
administrators and nonlicensed personnel at all schools have equal 385
access to the monies set aside in this section, the MPBP program 386
shall be designed to calculate each school's performance as 387
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determined by the school's increase in scores from the prior 388
school year. The MPBP program shall be based on a standardized 389
scores rating where all levels of schools can be judged in a 390
statistically fair and reasonable way upon implementation. At the 391
end of each year, after all student achievement scores have been 392
standardized, the State Department of Education shall implement 393
the MPBP plan. 394
(iii) To ensure all teachers cooperate in the 395
spirit of teamwork, individual schools shall submit a plan to the 396
local school district to be approved before the beginning of each 397
school year. The plan shall include, but not be limited to, how 398
all teachers, regardless of subject area, and administrators will 399
be responsible for improving student achievement for their 400
individual school. 401
(b) The State Board of Education shall develop the 402
processes and procedures for designating schools eligible to 403
participate in the MPBP. State assessment results, growth in 404
student achievement at individual schools and other measures 405
deemed appropriate in designating successful student achievement 406
shall be used in establishing MPBP criteria. 407
(5) (a) If funds are available for that purpose, each 408
school in Mississippi shall have mentor teachers, as defined by 409
Sections 37-9-201 through 37-9-213, who shall receive additional 410
base compensation provided for by the State Legislature in the 411
amount of One Thousand Dollars ($1,000.00) per each beginning 412
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teacher that is being mentored. The additional state compensation 413
shall be limited to those mentor teachers that provide mentoring 414
services to beginning teachers. For the purposes of such funding, 415
a beginning teacher shall be defined as any teacher in any school 416
in Mississippi that has less than one (1) year of classroom 417
experience teaching in a public school. For the purposes of such 418
funding, no full-time academic teacher shall mentor more than two 419
(2) beginning teachers. 420
(b) To be eligible for this state funding, the 421
individual school must have a classroom management program 422
approved by the local school board. 423
(6) Effective with the 2014-2015 school year, the school 424
districts participating in the Pilot Performance-Based 425
Compensation System pursuant to Section 37-19-9 may award 426
additional teacher and administrator pay based thereon. 427
SECTION 3. Section 37-21-7, Mississippi Code of 1972, is 428
amended as follows: 429
37-21-7. (1) This section shall be referred to as the 430
"Mississippi Elementary Schools Assistant Teacher Program," the 431
purpose of which shall be to provide an early childhood education 432
program that assists in the instruction of basic skills. The 433
State Board of Education is authorized, empowered and directed to 434
implement a statewide system of assistant teachers in kindergarten 435
classes and in the first, second and third grades. The assistant 436
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teacher shall assist pupils in actual instruction under the strict 437
supervision of a licensed teacher. 438
(2) (a) Except as otherwise authorized under subsection 439
(7), each school district shall employ the total number of 440
assistant teachers funded under subsection (6) of this section. 441
The superintendent of each district shall assign the assistant 442
teachers to the kindergarten, first-, second- and third-grade 443
classes in the district in a manner that will promote the maximum 444
efficiency, as determined by the superintendent, in the 445
instruction of skills such as verbal and linguistic skills, 446
logical and mathematical skills, and social skills. 447
(b) If a licensed teacher to whom an assistant teacher 448
has been assigned is required to be absent from the classroom, the 449
assistant teacher may assume responsibility for the classroom in 450
lieu of a substitute teacher. However, no assistant teacher shall 451
assume sole responsibility of the classroom for more than three 452
(3) consecutive school days. Further, in no event shall any 453
assistant teacher be assigned to serve as a substitute teacher for 454
any teacher other than the licensed teacher to whom that assistant 455
teacher has been assigned. 456
(3) Assistant teachers shall have, at a minimum, a high 457
school diploma or a High School Equivalency Diploma equivalent, 458
and shall show demonstratable proficiency in reading and writing 459
skills. The State Department of Education shall develop a testing 460
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procedure for assistant teacher applicants to be used in all 461
school districts in the state. 462
(4) (a) In order to receive funding, each school district 463
shall: 464
(i) Submit a plan on the implementation of a 465
reading improvement program to the State Department of Education; 466
and 467
(ii) Develop a plan of educational accountability 468
and assessment of performance, including pretests and posttests, 469
for reading in Grades 1 through 6. 470
(b) Additionally, each school district shall: 471
(i) Provide annually a mandatory preservice 472
orientation session, using an existing in-school service day, for 473
administrators and teachers on the effective use of assistant 474
teachers as part of a team in the classroom setting and on the 475
role of assistant teachers, with emphasis on program goals; 476
(ii) Hold periodic workshops for administrators 477
and teachers on the effective use and supervision of assistant 478
teachers; 479
(iii) Provide training annually on specific 480
instructional skills for assistant teachers; 481
(iv) Annually evaluate their program in accordance 482
with their educational accountability and assessment of 483
performance plan; and 484
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(v) Designate the necessary personnel to supervise 485
and report on their program. 486
(5) The State Department of Education shall: 487
(a) Develop and assist in the implementation of a 488
statewide uniform training module, subject to the availability of 489
funds specifically appropriated therefor by the Legislature, which 490
shall be used in all school districts for training administrators, 491
teachers and assistant teachers. The module shall provide for the 492
consolidated training of each assistant teacher and teacher to 493
whom the assistant teacher is assigned, working together as a 494
team, and shall require further periodic training for 495
administrators, teachers and assistant teachers regarding the role 496
of assistant teachers; 497
(b) Annually evaluate the program on the district and 498
state level. Subject to the availability of funds specifically 499
appropriated therefor by the Legislature, the department shall 500
develop: (i) uniform evaluation reports, to be performed by the 501
principal or assistant principal, to collect data for the annual 502
overall program evaluation conducted by the department; or (ii) a 503
program evaluation model that, at a minimum, addresses process 504
evaluation; and 505
(c) Promulgate rules, regulations and such other 506
standards deemed necessary to effectuate the purposes of this 507
section. Noncompliance with the provisions of this section and 508
any rules, regulations or standards adopted by the department may 509
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result in a violation of compulsory accreditation standards as 510
established by the State Board of Education and the Commission on 511
School Accreditation. 512
(6) Each school district shall be allotted sufficient 513
funding under the total funding formula provided in Sections 514
37-151-200 through 37-151-215 for the purpose of employing 515
assistant teachers. * * * No school district shall pay any 516
assistant teacher less than the state minimum salary. No district 517
shall reduce the local supplement or amount paid to an individual 518
assistant teacher by the district below the state minimum salary 519
contained in this section from the previous year in a year in 520
which the state minimum salary is increased. Should any district 521
violate this subsection (6), such district's funding shall be 522
reduced by twice the amount of such reduction when computing the 523
district's allocation of total funding formula funds. However, 524
districts are authorized to reduce the state minimum salary by a 525
pro rata daily amount where there has been a reduction in (a) 526
total funding formula allocations for such district in such year, 527
or (b) the amount of federal funds to such district compared to 528
the amount received from the previous year. Nothing herein 529
contained shall prohibit any district from adopting or continuing 530
a program or plan whereby assistant teachers are paid varying 531
salaries according to classroom performance and other similar 532
standards. 533
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For assistant teachers, the minimum annual salary shall be as 534
follows: 535
* * * 536
2026-2027 and Subsequent Years..................... $19,000.00 537
In addition, for each one percent (1%) that the Sine Die 538
General Fund Revenue Estimate Growth exceeds five percent (5%) in 539
fiscal year 2006, as certified by the Legislative Budget Office to 540
the State Board of Education and subject to the specific 541
appropriation therefor by the Legislature, the State Board of 542
Education shall revise the salary scale in the appropriate year to 543
provide an additional one percent (1%) across-the-board increase 544
in the base salaries for assistant teachers. The State Board of 545
Education shall revise the salaries prescribed above for assistant 546
teachers to conform to any adjustments made in prior fiscal years 547
due to revenue growth over and above five percent (5%). The 548
assistant teachers shall not be restricted to working only in the 549
grades for which the funds were allotted, but may be assigned to 550
other classes as provided in subsection (2)(a) of this section. 551
(7) (a) As an alternative to employing assistant teachers, 552
any school district may use the funding provided under subsection 553
(6) of this section for the purpose of employing licensed teachers 554
for kindergarten, first-, second- and third-grade classes; 555
however, no school district shall be authorized to use the funding 556
for assistant teachers for the purpose of employing licensed 557
teachers unless the district has established that the employment 558
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of licensed teachers using such funds will reduce the 559
teacher:student ratio in the kindergarten, first-, second- and 560
third-grade classes. All state funds for assistant teachers shall 561
be applied to reducing teacher:student ratio in Grades K-3. 562
It is the intent of the Legislature that no school district 563
shall dismiss any assistant teacher for the purpose of using the 564
assistant teacher funding to employ licensed teachers. School 565
districts may rely only upon normal attrition to reduce the number 566
of assistant teachers employed in that district. 567
(b) Districts meeting the highest levels of 568
accreditation standards, as defined by the State Board of 569
Education, shall be exempted from the provisions of subsection (4) 570
of this section. 571
SECTION 4. Section 37-151-203, Mississippi Code of 1972, is 572
amended as follows: 573
37-151-203. (1) In fiscal year * * * 2027, the student base 574
amount shall be * * * Seven Thousand Two Hundred One Dollars and 575
Seventy-seven Cents ($7,201.77) per student. In fiscal * * * year 576
2028, the inflationary adjustment described in this section shall 577
be applied to derive the total funding formula. In fiscal year 578
2029, and every fourth fiscal year thereafter, the State Board of 579
Education, on or before August 1, with an adjusted estimate no 580
later than January 2, shall submit to the Legislative Budget 581
Office, the Chairmen of the Senate and House of Representatives 582
Appropriations and Education Committees, respectively, the 583
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Lieutenant Governor and the Speaker of the House a new proposed 584
student base amount calculation using the following formula: 585
(a) Instructional cost. To determine the instructional 586
cost, the department shall first calculate the state's student to 587
teacher ratio. Such ratio shall be determined by dividing the net 588
enrollment for public schools and charter schools in the state by 589
the total number of teachers in such schools, as determined by the 590
department, in months two (2) and three (3) of the school year 591
preceding the year funds are to be appropriated. The student to 592
teacher ratio shall be rounded up to the nearest whole number. 593
After determining the student to teacher ratio, the average 594
teacher salary shall be divided by the student-teacher ratio, and 595
the resulting amount shall be considered the instructional cost. 596
The average teacher salary shall be calculated by the department 597
and include district local supplements as provided in Section 598
37-151-87, but shall not include the highest five percent (5%) and 599
lowest five percent (5%) of district local supplements. 600
(b) Administrative cost; which shall be twenty percent 601
(20%) of the instructional cost. 602
(c) Ancillary personnel and expenses; which shall be 603
thirty percent (30%) of the instructional cost. 604
(d) Operation and maintenance of plant. For the plant 605
and maintenance cost component, the State Department of Education 606
shall select districts that have a ratio of plant and maintenance 607
expenditures per one hundred thousand (100,000) square feet of 608
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building space and a ratio of maintenance workers per one hundred 609
thousand (100,000) square feet of building space that are both 610
between one (1) standard deviation above the mean and two (2) 611
standard deviations below the mean of the statewide average. The 612
plant and maintenance cost component shall be calculated by 613
dividing the latest available months one (1) through nine (9) 614
average daily attendance of the selected districts into the plant 615
and maintenance expenditures of these selected districts. For the 616
purpose of this calculation, the Department of Education shall use 617
the following funds, functions and objects: Fund 1120 Functions 618
2600-2699, Objects 100-699 and Objects 800-999; Fund 2711 619
Functions 2600-2699, Objects 100-699 and Objects 800-999; Fund 620
2430 Functions 2600-2699, Objects 100-699 and Objects 800-999. 621
Net enrollment means the percentage change from the prior year of 622
each year of each school district's months two (2) and three (3) 623
average of net enrollment for the three (3) immediately preceding 624
school years of the year for which funds are being appropriated. 625
(2) For purposes of these calculations, the State Department 626
of Education shall utilize financial data from the second 627
preceding year of the year for which funds are being appropriated. 628
(3) For each of the fiscal years between the recalculation 629
of the base student cost, the base student cost shall be increased 630
by an amount equal to twenty-five percent (25%) of the base 631
student cost for the previous fiscal year, multiplied by the 632
twenty year average annual change in the rate of inflation rounded 633
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up to the nearest tenth of a percent for the State of Mississippi 634
as determined by the State Economist, plus any adjustments for 635
additional state requirements including, but not limited to, 636
teacher pay raises and health insurance premium increases. The 637
calculation shall be performed annually by the Department of 638
Education, and the resulting amount shall replace base student 639
cost from the previous year. 640
(4) In years when the total revenue of the state does not 641
increase, the Legislature may retain the base student cost from 642
the previous year. If the total revenue increases the following 643
year, the formula shall be recalculated or increased according to 644
inflation as provided in Sections 37-151-200 through 37-151-215. 645
(5) Base student cost shall not be lower than the previous 646
year; provided, however, the base student cost may be lowered when 647
the State Fiscal Officer provides notice to the Legislative Budget 648
Office of a revenue shortfall in accordance with Section 649
27-104-13. 650
(6) By November 1, 2024, the department shall submit to the 651
Legislative Budget Office, the Chairmen of the Senate and House of 652
Representatives Appropriations and Education Committees, 653
respectively, the Lieutenant Governor and the Speaker of the 654
House, a report on the department's plan for implementation of the 655
funding formula as specified under the provisions of Sections 656
37-151-200 through 37-151-215, and to recommend any technical 657
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amendments necessary for its effective administration before the 658
commencement of the 2025 Regular Session of the Legislature. 659
(7) The annual amount of funding for the operation of each 660
school district and charter school under the total funding formula 661
as provided under Sections 37-151-200 through 37-151-215 is 662
determined by multiplying the student base amount, as determined 663
under Section 37-151-203, by the final weighted enrollment of the 664
school district or charter school, as determined under Section 665
37-151-205. 666
SECTION 5. Section 37-13-89, Mississippi Code of 1972, is 667
amended as follows: 668
37-13-89. (1) In each school district within the state, 669
there shall be employed the number of school attendance officers 670
determined by the Office of Compulsory School Attendance 671
Enforcement to be necessary to adequately enforce the provisions 672
of the Mississippi Compulsory School Attendance Law; however, this 673
number shall not exceed one hundred fifty-three (153) school 674
attendance officers at any time. In any school districts where 675
charter schools operate, the home school district's school 676
attendance officer shall also enforce the provisions of the 677
Mississippi Compulsory School Attendance Law for those charter 678
schools. From and after July 1, 1998, all school attendance 679
officers employed pursuant to this section shall be employees of 680
the State Department of Education. The State Department of 681
Education shall employ all persons employed as school attendance 682
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officers by district attorneys before July 1, 1998, and shall 683
assign them to school attendance responsibilities in the school 684
district in which they were employed before July 1, 1998. The 685
first twelve (12) months of employment for each school attendance 686
officer shall be the probationary period of state service. 687
(2) (a) The State Department of Education shall obtain 688
current criminal records background checks and current child abuse 689
registry checks on all persons applying for the position of school 690
attendance officer after July 2, 2002. The criminal records 691
information and registry checks must be kept on file for any new 692
hires. In order to determine an applicant's suitability for 693
employment as a school attendance officer, the applicant must be 694
fingerprinted. If no disqualifying record is identified at the 695
state level, the Department of Public Safety shall forward the 696
fingerprints to the Federal Bureau of Investigation (FBI) for a 697
national criminal history record check. The applicant shall pay 698
the fee, not to exceed Fifty Dollars ($50.00), for the 699
fingerprinting and criminal records background check; however, the 700
State Department of Education, in its discretion, may pay the fee 701
for the fingerprinting and criminal records background check on 702
behalf of any applicant. Under no circumstances may a member of 703
the State Board of Education, employee of the State Department of 704
Education or any person other than the subject of the criminal 705
records background check disseminate information received through 706
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any such checks except insofar as required to fulfill the purposes 707
of this subsection. 708
(b) If the fingerprinting or criminal records check 709
discloses a felony conviction, guilty plea or plea of nolo 710
contendere to a felony of possession or sale of drugs, murder, 711
manslaughter, armed robbery, rape, sexual battery, sex offense 712
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 713
burglary, gratification of lust or aggravated assault which has 714
not been reversed on appeal or for which a pardon has not been 715
granted, the applicant is not eligible to be employed as a school 716
attendance officer. Any employment of an applicant pending the 717
results of the fingerprinting and criminal records check is 718
voidable if the new hire receives a disqualifying criminal records 719
check. However, the State Board of Education, in its discretion, 720
may allow an applicant aggrieved by an employment decision under 721
this subsection to appear before the board, or before a hearing 722
officer designated for that purpose, to show mitigating 723
circumstances that may exist and allow the new hire to be employed 724
as a school attendance officer. The State Board of Education may 725
grant waivers for mitigating circumstances, which may include, but 726
are not necessarily limited to: (i) age at which the crime was 727
committed; (ii) circumstances surrounding the crime; (iii) length 728
of time since the conviction and criminal history since the 729
conviction; (iv) work history; (v) current employment and 730
character references; and (vi) other evidence demonstrating the 731
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ability of the person to perform the responsibilities of a school 732
attendance officer competently and that the person does not pose a 733
threat to the health or safety of children. 734
(c) A member of the State Board of Education or 735
employee of the State Department of Education may not be held 736
liable in any employment discrimination suit in which an 737
allegation of discrimination is made regarding an employment 738
decision authorized under this section. 739
(3) Each school attendance officer shall possess * * * at 740
least one (1) of the following: 741
(a) A bachelor's degree with a major in behavioral 742
science or a related field, including, but not limited to, social 743
work, education, criminal justice, psychology or sociology; 744
(b) An associate's degree in behavioral science or a 745
related field, plus two (2) years of full-time experience in 746
education, social work, counseling, law enforcement or a 747
comparable field involving direct services for children; or 748
(c) No less than three (3) years combined experience in 749
a related role involving student support and engagement. 750
(4) It shall be the duty of each school attendance officer 751
to: 752
(a) Cooperate with any public agency to locate and 753
identify all compulsory-school-age children who are not attending 754
school; 755
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(b) Cooperate with all courts of competent 756
jurisdiction; 757
(c) Investigate all cases of nonattendance and unlawful 758
absences by compulsory-school-age children not enrolled in a 759
nonpublic school; 760
(d) Provide appropriate counseling to encourage all 761
school-age children to attend school until they have completed 762
high school; 763
(e) Attempt to secure the provision of social or 764
welfare services that may be required to enable any child to 765
attend school; 766
(f) Contact the home or place of residence of a 767
compulsory-school-age child and any other place in which the 768
officer is likely to find any compulsory-school-age child when the 769
child is absent from school during school hours without a valid 770
written excuse from school officials, and when the child is found, 771
the officer shall notify the parents and school officials as to 772
where the child was physically located; 773
(g) Contact promptly the home of each 774
compulsory-school-age child in the school district within the 775
officer's jurisdiction who is not enrolled in school or is not in 776
attendance at public school and is without a valid written excuse 777
from school officials; if no valid reason is found for the 778
nonenrollment or absence from the school, the school attendance 779
officer shall give written notice to the parent, guardian or 780
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custodian of the requirement for the child's enrollment or 781
attendance; 782
(h) Collect and maintain information concerning 783
absenteeism, dropouts and other attendance-related problems, as 784
may be required by law or the Office of Compulsory School 785
Attendance Enforcement; and 786
(i) Perform all other duties relating to compulsory 787
school attendance established by the State Department of Education 788
or district school attendance supervisor, or both. 789
(5) While engaged in the performance of his duties, each 790
school attendance officer shall carry on his person a badge 791
identifying him as a school attendance officer under the Office of 792
Compulsory School Attendance Enforcement of the State Department 793
of Education and an identification card designed by the State 794
Superintendent of Public Education and issued by the school 795
attendance officer supervisor. Neither the badge nor the 796
identification card shall bear the name of any elected public 797
official. 798
(6) The state shall provide funding for one (1) school 799
attendance officer, as defined in Section 37-13-91(2)(g), for 800
every four thousand (4,000) compulsory-school-aged children, as 801
defined in Section 37-13-91(2)(f), in enrollment in the public 802
schools. 803
( * * *7) The * * * salary * * * for school attendance 804
officers * * * shall be based upon factors including, but not 805
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limited to, education, professional certification and licensure, 806
and number of years of experience. School attendance officers 807
must meet the minimum requirements as identified in subsection (3) 808
of this section. Effective July 1, 2026, any newly hired school 809
attendance officers shall be paid * * * a minimum salary as 810
provided in the table below. 811
* * * 812
2026-2027 AND SUBSEQUENT SCHOOL YEARS MINIMUM SALARY SCHEDULE 813
Years of Experience Salary 814
0 years $29,528.29 815
1 year 30,028.29 816
2 years 30,528.29 817
3 years 31,028.29 818
4 years 31,528.29 819
5 years 32,028.29 820
6 years 32,528.29 821
7 years 33,028.29 822
8 years 33,528.29 823
9 years 34,028.29 824
10 years 34,528.29 825
11 years 35,028.29 826
12 years 35,528.29 827
13 years 36,028.29 828
14 years 36,528.29 829
15 years 37,028.29 830
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16 years 37,528.29 831
17 years 38,028.29 832
18 years 38,528.29 833
19 years 39,028.29 834
20 years 39,528.29 835
21 years 40,028.29 836
22 years 40,528.29 837
23 years 41,028.29 838
24 years 41,528.29 839
25 years 42,028.29 840
26 years 42,528.29 841
27 years 43,028.29 842
28 years 43,528.29 843
29 years 44,028.29 844
30 years 44,528.29 845
31 years 45,028.29 846
32 years 45,528.29 847
33 years 46,028.29 848
34 years 46,528.29 849
35 years & above 47,028.29 850
Notwithstanding any provision to the contrary, no school 851
attendance officer shall be paid a salary lower than he or she was 852
earning on June 30, 2026. 853
In addition to the minimum salaries established above, each 854
school attendance officer may receive an annual salary supplement, 855
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paid for by local funds, from the school district in which he or 856
she serves. 857
( * * *8) (a) Each school attendance officer employed by a 858
district attorney on June 30, 1998, who became an employee of the 859
State Department of Education on July 1, 1998, shall be awarded 860
credit for personal leave and major medical leave for his 861
continuous service as a school attendance officer under the 862
district attorney, and if applicable, the youth or family court or 863
a state agency. The credit for personal leave shall be in an 864
amount equal to one-third (1/3) of the maximum personal leave the 865
school attendance officer could have accumulated had he been 866
credited with such leave under Section 25-3-93 during his 867
employment with the district attorney, and if applicable, the 868
youth or family court or a state agency. The credit for major 869
medical leave shall be in an amount equal to one-half (1/2) of the 870
maximum major medical leave the school attendance officer could 871
have accumulated had he been credited with such leave under 872
Section 25-3-95 during his employment with the district attorney, 873
and if applicable, the youth or family court or a state agency. 874
However, if a district attorney who employed a school attendance 875
officer on June 30, 1998, certifies, in writing, to the State 876
Department of Education that the school attendance officer had 877
accumulated, pursuant to a personal leave policy or major medical 878
leave policy lawfully adopted by the district attorney, a number 879
of days of unused personal leave or major medical leave, or both, 880
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which is greater than the number of days to which the school 881
attendance officer is entitled under this paragraph, the State 882
Department of Education shall authorize the school attendance 883
officer to retain the actual unused personal leave or major 884
medical leave, or both, certified by the district attorney, 885
subject to the maximum amount of personal leave and major medical 886
leave the school attendance officer could have accumulated had he 887
been credited with such leave under Sections 25-3-93 and 25-3-95. 888
(b) For the purpose of determining the accrual rate for 889
personal leave under Section 25-3-93 and major medical leave under 890
Section 25-3-95, the State Department of Education shall give 891
consideration to all continuous service rendered by a school 892
attendance officer before July 1, 1998, in addition to the service 893
rendered by the school attendance officer as an employee of the 894
department. 895
(c) In order for a school attendance officer to be 896
awarded credit for personal leave and major medical leave or to 897
retain the actual unused personal leave and major medical leave 898
accumulated by him before July 1, 1998, the district attorney who 899
employed the school attendance officer must certify, in writing, 900
to the State Department of Education the hire date of the school 901
attendance officer. For each school attendance officer employed 902
by the youth or family court or a state agency before being 903
designated an employee of the district attorney who has not had a 904
break in continuous service, the hire date shall be the date that 905
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the school attendance officer was hired by the youth or family 906
court or state agency. The department shall prescribe the date by 907
which the certification must be received by the department and 908
shall provide written notice to all district attorneys of the 909
certification requirement and the date by which the certification 910
must be received. 911
( * * *9) (a) School attendance officers shall maintain 912
regular office hours on a year-round basis; however, during the 913
school term, on those days that teachers in all of the school 914
districts served by a school attendance officer are not required 915
to report to work, the school attendance officer also shall not be 916
required to report to work. (For purposes of this subsection, a 917
school district's school term is that period of time identified as 918
the school term in contracts entered into by the district with 919
licensed personnel.) A school attendance officer shall be 920
required to report to work on any day recognized as an official 921
state holiday if teachers in any school district served by that 922
school attendance officer are required to report to work on that 923
day, regardless of the school attendance officer's status as an 924
employee of the State Department of Education, and compensatory 925
leave may not be awarded to the school attendance officer for 926
working during that day. However, a school attendance officer may 927
be allowed by the school attendance officer's supervisor to use 928
earned leave on such days. 929
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(b) The State Department of Education annually shall 930
designate a period of six (6) consecutive weeks in the summer 931
between school years during which school attendance officers shall 932
not be required to report to work. A school attendance officer 933
who elects to work at any time during that period may not be 934
awarded compensatory leave for such work and may not opt to be 935
absent from work at any time other than during the six (6) weeks 936
designated by the department unless the school attendance officer 937
uses personal leave or major medical leave accrued under Section 938
25-3-93 or 25-3-95 for such absence. 939
( * * *10) The State Department of Education shall provide 940
all continuing education and training courses that school 941
attendance officers are required to complete under state law or 942
rules and regulations of the department. 943
SECTION 6. Section 37-13-91, Mississippi Code of 1972, is 944
amended as follows: 945
37-13-91. (1) This section shall be referred to as the 946
"Mississippi Compulsory School Attendance Law." 947
(2) The following terms as used in this section are defined 948
as follows: 949
(a) "Parent" means the father or mother to whom a child 950
has been born, or the father or mother by whom a child has been 951
legally adopted. 952
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(b) "Guardian" means a guardian of the person of a 953
child, other than a parent, who is legally appointed by a court of 954
competent jurisdiction. 955
(c) "Custodian" means any person having the present 956
care or custody of a child, other than a parent or guardian of the 957
child. 958
(d) "School day" means * * * the portion of a day 959
during which schools are in session and providing instruction to 960
students, as set by the school board and consistent with State 961
Board of Education accreditation requirements. For purposes of 962
compulsory school attendance, a student shall be considered in 963
full-day attendance if present for at least sixty-six percent 964
(66%) of the student's school day, as defined by the State Board 965
of Education. 966
(e) "School" means any public school, including a 967
charter school, in this state or any nonpublic school in this 968
state which is in session each school year for at least one 969
hundred eighty (180) school days, except that the "nonpublic" 970
school term shall be the number of days that each school shall 971
require for promotion from grade to grade. 972
(f) "Compulsory-school-age child" means a child who has 973
attained or will attain the age of six (6) years on or before 974
September 1 of the calendar year and who has not attained the age 975
of seventeen (17) years on or before September 1 of the calendar 976
year; and shall include any child who has attained or will attain 977
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the age of five (5) years on or before September 1 and has 978
enrolled in a full-day public school kindergarten program. 979
(g) "School attendance officer" means a person employed 980
by the State Department of Education pursuant to Section 37-13-89. 981
(h) "Appropriate school official" means the 982
superintendent of the school district, or his designee, or, in the 983
case of a nonpublic school, the principal or the headmaster. 984
(i) "Nonpublic school" means an institution for the 985
teaching of children, consisting of a physical plant, whether 986
owned or leased, including a home, instructional staff members and 987
students, and which is in session each school year. This 988
definition shall include, but not be limited to, private, church, 989
parochial and home instruction programs. 990
(3) A parent, guardian or custodian of a 991
compulsory-school-age child in this state shall cause the child to 992
enroll in and attend a public school or legitimate nonpublic 993
school for the period of time that the child is of compulsory 994
school age, except under the following circumstances: 995
(a) When a compulsory-school-age child is physically, 996
mentally or emotionally incapable of attending school as 997
determined by the appropriate school official based upon 998
sufficient medical documentation. 999
(b) When a compulsory-school-age child is enrolled in 1000
and pursuing a course of special education, remedial education or 1001
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education for children with physical or mental disadvantages or 1002
disabilities. 1003
(c) When a compulsory-school-age child is being 1004
educated in a legitimate home instruction program. 1005
The parent, guardian or custodian of a compulsory-school-age 1006
child described in this subsection * * * shall complete a 1007
"certification of enrollment" to facilitate the administration of 1008
this section. The appropriate school official for any or all 1009
children attending a charter school or nonpublic school shall 1010
complete a "certificate of enrollment" in order to facilitate the 1011
administration of this section. 1012
The form of the certificate of enrollment shall be prepared 1013
by the Office of Compulsory School Attendance Enforcement of the 1014
State Department of Education and shall be designed to obtain the 1015
following information only: 1016
(i) The name, address, telephone number and date 1017
of birth of the compulsory-school-age child; 1018
(ii) The name, address and telephone number of the 1019
parent, guardian or custodian of the compulsory-school-age child; 1020
(iii) The school district where the 1021
compulsory-school-age child resides; 1022
( * * *iv) A simple description of the type of 1023
education the compulsory-school-age child is receiving and, if the 1024
child is enrolled in a charter school or nonpublic school, the 1025
name and address of the school; and 1026
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( * * *v) The signature of the parent, guardian or 1027
custodian of the compulsory-school-age child or, for any or all 1028
compulsory-school-age child or children attending a charter school 1029
or nonpublic school, the signature of the appropriate school 1030
official and the date signed. 1031
The certificate of enrollment shall be returned to the school 1032
attendance officer where the child resides on or before * * * 1033
August 15 of each year. Any parent, guardian or custodian found 1034
by the school attendance officer to be in noncompliance with this 1035
section shall comply, after written notice of the noncompliance by 1036
the school attendance officer, with this subsection within ten 1037
(10) days after the notice or be in violation of this section. 1038
However, in the event the child has been enrolled in a public 1039
school within fifteen (15) calendar days after the first day of 1040
the school year as required in subsection (6), the parent or 1041
custodian may, at a later date, enroll the child in a legitimate 1042
nonpublic school or legitimate home instruction program and send 1043
the certificate of enrollment to the school attendance officer and 1044
be in compliance with this subsection. 1045
For the purposes of this subsection, a legitimate nonpublic 1046
school or legitimate home instruction program shall be those not 1047
operated or instituted for the purpose of avoiding or 1048
circumventing the compulsory attendance law. 1049
(4) (a) An "unlawful absence" is an absence for an entire 1050
school day or during part of a school day by a 1051
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compulsory-school-age child, which absence is not due to a valid 1052
excuse for temporary nonattendance. For purposes of reporting 1053
absenteeism under subsection (6) of this section, if a 1054
compulsory-school-age child has an absence that is more than * * * 1055
thirty-three percent (33%) of the * * * student's school day, as 1056
fixed by the school board for the school at which the 1057
compulsory-school-age child is enrolled, the child must be 1058
considered absent the entire school day. Days missed from school 1059
due to disciplinary suspension shall not be considered an 1060
"excused" absence under this section. This subsection shall not 1061
apply to children enrolled in a nonpublic school. 1062
Each of the following shall constitute a valid excuse for 1063
temporary nonattendance of a compulsory-school-age child enrolled 1064
in a noncharter public school, provided satisfactory evidence of 1065
the excuse is provided to the superintendent of the school 1066
district, or his designee: 1067
( * * *i) An absence is excused when the absence 1068
results from the compulsory-school-age child's attendance at an 1069
authorized school activity with the prior approval of the 1070
superintendent of the school district, or his designee. These 1071
activities may include field trips, athletic contests, student 1072
conventions, musical festivals and any similar activity. 1073
( * * *ii) An absence is excused when the absence 1074
results from illness or injury which prevents the 1075
compulsory-school-age child from being physically able to attend 1076
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school, and any absence after the third must be documented by a 1077
written excuse by a medical provider. 1078
( * * *iii) An absence is excused when isolation 1079
of a compulsory-school-age child is ordered by the county health 1080
officer, by the State Board of Health or appropriate school 1081
official. 1082
( * * *iv) An absence is excused when it results 1083
from the death or serious illness of a member of the immediate 1084
family of a compulsory-school-age child. The immediate family 1085
members of a compulsory-school-age child shall include children, 1086
spouse, grandparents, parents, brothers and sisters, including 1087
stepbrothers and stepsisters. 1088
( * * *v) An absence is excused when it results 1089
from a medical or dental appointment of a compulsory-school-age 1090
child, with a documented excuse from the medical provider. 1091
( * * *vi) An absence is excused when it results 1092
from the attendance of a compulsory-school-age child at the 1093
proceedings of a court or an administrative tribunal if the child 1094
is a party to the action or under subpoena as a witness. 1095
( * * *vii) An absence may be excused if the 1096
religion to which the compulsory-school-age child or the child's 1097
parents adheres, requires or suggests the observance of a 1098
religious event. The approval of the absence is within the 1099
discretion of the superintendent of the school district, or his 1100
designee, but approval should be granted unless the religion's 1101
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observance is of such duration as to interfere with the education 1102
of the child. 1103
( * * *viii) An absence may be excused when it is 1104
demonstrated to the satisfaction of the superintendent of the 1105
school district, or his designee, that the purpose of the absence 1106
is to take advantage of a valid educational opportunity such as 1107
travel, including vacations or other family travel. Approval of 1108
the absence must be gained from the superintendent of the school 1109
district, or his designee, before the absence * * *. 1110
( * * *ix) An absence may be excused when it is 1111
demonstrated to the satisfaction of the superintendent of the 1112
school district, or his designee, that conditions are sufficient 1113
to warrant the compulsory-school-age child's nonattendance. 1114
However, no absences shall be excused by the school district 1115
superintendent, or his designee, when any student suspensions or 1116
expulsions circumvent the intent and spirit of the compulsory 1117
attendance law. 1118
( * * *x) An absence is excused when it results 1119
from the attendance of a compulsory-school-age child participating 1120
in official organized events sponsored by the 4-H or Future 1121
Farmers of America (FFA). The excuse for the 4-H or FFA event 1122
must be provided in writing to the appropriate school 1123
superintendent by the Extension Agent or High School Agricultural 1124
Instructor/FFA Advisor. 1125
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( * * *xi) An absence is excused when it results 1126
from the compulsory-school-age child officially being employed to 1127
serve as a page at the State Capitol for the Mississippi House of 1128
Representatives or Senate. 1129
(b) Limitation on excused absences. Except as 1130
otherwise provided in this section, no compulsory-school-age child 1131
shall be granted more than five (5) excused absences per semester 1132
under subparagraphs (i) through (xi) of paragraph (a) of this 1133
subsection (4). Any additional excused absences beyond this limit 1134
must be specifically approved by the school district 1135
superintendent, or his or her designee, upon a showing of 1136
extenuating circumstances. Extenuating circumstances may include, 1137
but are not limited to, prolonged illness or injury supported by 1138
medical documentation, extended religious observances, or 1139
participation in educational opportunities of substantial merit, 1140
including out-of-state educational travel. Any absence in excess 1141
of this limit, and not approved by the superintendent, shall be 1142
considered unexcused for purposes of this chapter. Any absence in 1143
excess of the limit set forth in this subsection, and not approved 1144
by the superintendent, shall be considered an unexcused absence 1145
for purposes of this chapter. 1146
(i) School-sanctioned events, such as athletics, 1147
band, choir or other events sponsored by the Mississippi High 1148
School Activities Association or a successor entity, shall not be 1149
counted as absences. 1150
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(ii) School-sanctioned academic or club events 1151
shall not be counted as absences. 1152
(c) Chronic absenteeism. For purposes of this section 1153
and in alignment with state and federal accountability 1154
requirements, a compulsory-school-age child shall be considered 1155
chronically absent if the child is absent from school for ten 1156
percent (10%) or more of the student's school days in a school 1157
year, regardless of whether such absences are excused or unexcused 1158
under paragraphs (a) or (b) of this subsection (4). 1159
(i) Each school district shall actively monitor 1160
chronic absenteeism rates by school, grade level and subgroup of 1161
students. Districts shall include chronic absenteeism data in 1162
their annual accountability reporting and in their district- and 1163
school-level improvement plans. 1164
(ii) Each school district shall develop and 1165
implement tiered intervention strategies for students identified 1166
as being at risk of chronic absenteeism. Such strategies shall 1167
include, at a minimum: timely parent or guardian notification 1168
when a student has accumulated three (3) or more absences that 1169
place the student at risk of chronic absenteeism; opportunities 1170
for parent or guardian conferences to identify barriers to regular 1171
attendance; referral to school- or community-based support 1172
services as appropriate, including health, counseling and 1173
transportation resources; and assignment of an individualized 1174
attendance success plan, which may include mentoring, case 1175
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management by a school attendance officer, or other evidence-based 1176
supports. 1177
(iii) Each school district shall adopt strategies 1178
for proactive family engagement to prevent and reduce chronic 1179
absenteeism, including, but not limited to: regular communication 1180
with families in a language and manner understandable to them 1181
about the importance of daily attendance and the consequences of 1182
absenteeism; partnering with community organizations, faith-based 1183
institutions or local businesses to support families in overcoming 1184
barriers to school attendance; and providing training for school 1185
staff on culturally responsive family engagement practices related 1186
to attendance. 1187
(iv) When a school's chronic absenteeism rate 1188
exceeds ten percent (10%) for any subgroup or grade level, the 1189
school district shall be required to adopt a written chronic 1190
absenteeism reduction plan, which shall be submitted to the school 1191
board and made publicly available on the district website. The 1192
plan shall describe specific evidence-based practices the district 1193
will employ to reduce chronic absenteeism, the timeline for 1194
implementation, family and community engagement strategies, and 1195
the metrics for measuring progress. 1196
(v) The State Department of Education shall 1197
provide technical assistance to districts in the development and 1198
implementation of chronic absenteeism reduction strategies and 1199
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shall annually publish statewide data on chronic absenteeism by 1200
district and school. 1201
(d) District policies; local documentation and family 1202
engagement. 1203
(i) By November 1, 2026, each school district 1204
shall, by board action, adopt and implement locally tailored 1205
policies that: 1206
1. Set documentation standards for excuses 1207
under subparagraphs (ii) through (v) of paragraph (a) of this 1208
subsection (4), including acceptable verification, submission 1209
timelines, a locally set limit on parent/guardian notes before 1210
third-party documentation is required, and protections for student 1211
privacy; and 1212
2. Establish family engagement protocols 1213
aligned to this paragraph (d), including timely notice when a 1214
student is at risk of chronic absenteeism, a parent/guardian 1215
conference and attendance success plan, multichannel/translated 1216
communications, and referral to available local supports. 1217
(ii) Policies shall be posted on the district 1218
website, reviewed at least every three (3) years, and reported on 1219
annually to the school board using disaggregated attendance data. 1220
(iii) The department shall issue a nonbinding 1221
model policy or policies not later than August 15, 2026. Adoption 1222
of a model policy, or of a substantially aligned policy, by a 1223
school district shall constitute minimum compliance. 1224
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(e) This subsection (4) shall not be construed to 1225
create a new criminal offense or to redefine "unlawful absence," 1226
but shall serve as a primary indicator for prevention, 1227
intervention and accountability under state and federal law. 1228
(5) Any parent, guardian or custodian of a 1229
compulsory-school-age child subject to this section who refuses or 1230
willfully fails to perform any of the duties imposed upon him or 1231
her under this section or who intentionally falsifies any 1232
information required to be contained in a certificate of 1233
enrollment, shall be guilty of contributing to the neglect of a 1234
child and, upon conviction, shall be punished in accordance with 1235
Section 97-5-39. 1236
Upon prosecution of a parent, guardian or custodian of a 1237
compulsory-school-age child for violation of this section, the 1238
presentation of evidence by the prosecutor that shows that the 1239
child has not been enrolled in school within eighteen (18) 1240
calendar days after the first day of the school year of the public 1241
school which the child is eligible to attend, or that the child 1242
has accumulated * * * eight (8) unlawful absences during the 1243
school year at the public school in which the child has been 1244
enrolled, shall establish a prima facie case that the child's 1245
parent, guardian or custodian is responsible for the absences and 1246
has refused or willfully failed to perform the duties imposed upon 1247
him or her under this section. However, no proceedings under this 1248
section shall be brought against a parent, guardian or custodian 1249
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of a compulsory-school-age child unless the school attendance 1250
officer has contacted promptly the home of the child and has 1251
provided written notice to the parent, guardian or custodian of 1252
the requirement for the child's enrollment or attendance. 1253
(6) If a compulsory-school-age child has not been enrolled 1254
in a school within fifteen (15) calendar days after the first day 1255
of the school year of the school which the child is eligible to 1256
attend or the child has accumulated five (5) unlawful absences 1257
during the school year of the public school in which the child is 1258
enrolled, the school district superintendent, or his designee, 1259
shall report, * * * by close of business of the next business day, 1260
the unlawful absences to the school attendance officer. The State 1261
Department of Education shall prescribe a uniform method for 1262
schools to utilize in reporting the unlawful absences to the 1263
school attendance officer. The superintendent, or his designee, 1264
also shall report any student suspensions or student expulsions to 1265
the school attendance officer when they occur. 1266
(7) When a school attendance officer has made all attempts 1267
to secure enrollment and/or attendance of a compulsory-school-age 1268
child and is unable to effect the enrollment and/or attendance, 1269
the attendance officer shall file a petition with the youth court 1270
under Section 43-21-451 or shall file a petition in a court of 1271
competent jurisdiction as it pertains to parent or child. 1272
Sheriffs, deputy sheriffs and municipal law enforcement officers 1273
shall be fully authorized to investigate all cases of 1274
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nonattendance and unlawful absences by compulsory-school-age 1275
children, and shall be authorized to file a petition with the 1276
youth court under Section 43-21-451 or file a petition or 1277
information in the court of competent jurisdiction as it pertains 1278
to parent or child for violation of this section. The youth court 1279
shall expedite a hearing to make an appropriate adjudication and a 1280
disposition to ensure compliance with the Compulsory School 1281
Attendance Law, and may order the child to enroll or re-enroll in 1282
school. The superintendent of the school district to which the 1283
child is ordered may assign, in his discretion, the child to the 1284
alternative school program of the school established pursuant to 1285
Section 37-13-92. 1286
(8) The State Board of Education shall adopt rules and 1287
regulations * * * to: 1288
(a) Ensure school superintendents timely report 1289
unlawful absences under this section; and 1290
(b) Sanction school districts that do not adhere to 1291
said policy though findings of noncompliance on the monitoring 1292
process. 1293
(9) Notwithstanding any provision or implication herein to 1294
the contrary, it is not the intention of this section to impair 1295
the primary right and the obligation of the parent or parents, or 1296
person or persons in loco parentis to a child, to choose the 1297
proper education and training for such child, and nothing in this 1298
section shall ever be construed to grant, by implication or 1299
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otherwise, to the State of Mississippi, any of its officers, 1300
agencies or subdivisions any right or authority to control, 1301
manage, supervise or make any suggestion as to the control, 1302
management or supervision of any private or parochial school or 1303
institution for the education or training of children, of any kind 1304
whatsoever that is not a public school according to the laws of 1305
this state; and this section shall never be construed so as to 1306
grant, by implication or otherwise, any right or authority to any 1307
state agency or other entity to control, manage, supervise, 1308
provide for or affect the operation, management, program, 1309
curriculum, admissions policy or discipline of any such school or 1310
home instruction program. 1311
SECTION 7. Section 37-9-39, Mississippi Code of 1972, is 1312
amended as follows: 1313
37-9-39. (1) All school districts shall process a single 1314
monthly or a bimonthly payroll for employees, in the discretion of 1315
the local school board, consistent with the provisions of 1316
Section * * * 37-151-103(1). Salaries or wages shall be paid at a 1317
minimum on a monthly basis. The standard contract for school 1318
district employees prescribed by the State Board of Education 1319
shall provide that school district employees shall earn a salary 1320
payable in equal monthly or bimonthly installments beginning in 1321
the first month of employment, regardless of the number of days 1322
worked in any particular month by the employee. Any employee 1323
failing to complete the contractual obligation of service, and who 1324
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receives payment in excess of the installment for the period which 1325
such employee ceases employment with the school district, shall 1326
become liable immediately to the school board of the employing 1327
district for the sum of all amounts received in payment less the 1328
corresponding amount of any compensation paid for which service 1329
has been rendered, plus interest accruing at the current Stafford 1330
Loan rate at the time the person discontinues his or her service. 1331
(2) Any school employee whose employment ends during a 1332
school term, regardless of the reason(s) the employment ended, 1333
shall be paid salary or wages only for that portion of the school 1334
term that employee actually worked. Nothing in this subsection 1335
(2) shall be construed to entitle any employee to payment of 1336
salary or wages when no work has been performed. 1337
SECTION 8. Section 37-151-103, Mississippi Code of 1972, is 1338
amended as follows: 1339
37-151-103. (1) Funds due each school district and charter 1340
school under the total funding formula provided in Sections 1341
37-151-200 through 37-151-215 shall be paid in the following 1342
manner: Two (2) business days prior to the last working day of 1343
each month there shall be paid to each school district and charter 1344
school, by electronic funds transfer, one-twelfth (1/12) of the 1345
funds to which the district or charter school is entitled from 1346
funds appropriated for total funding formula. * * * All school 1347
districts shall process a single monthly or a bimonthly payroll 1348
for employees, in the discretion of the local school board, with 1349
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electronic settlement of payroll checks secured through direct 1350
deposit of net pay for all school district employees. In 1351
addition, the State Department of Education may pay school 1352
districts and charter schools under the total funding formula on a 1353
date earlier than provided for by this section if it is determined 1354
that it is in the best interest of school districts and charter 1355
schools to do so. 1356
However, if the cash balance in the State General Fund is 1357
not adequate on the due date to pay the amounts due to all school 1358
districts and charter schools in the state as determined by the 1359
State Superintendent of Public Education, the State Fiscal Officer 1360
shall not transfer the funds payable to any school district or 1361
districts or charter schools until money is available to pay the 1362
amount due to all districts and charter schools. 1363
(2) Notwithstanding any provision of this chapter or any 1364
other law requiring the number of children in net enrollment or 1365
the net enrollment of transported children to be determined on the 1366
basis of the preceding year, the State Board of Education is 1367
hereby authorized and empowered to make proper adjustments in 1368
allotments in cases where major changes in the number of children 1369
in net enrollment or the net enrollment of transported children 1370
occurs from one (1) year to another as a result of changes or 1371
alterations in the boundaries of school districts, the sending of 1372
children from one (1) county or district to another upon a 1373
contract basis, the termination or discontinuance of a contract 1374
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ST: Education; provide pay increases, revise
counseling ethical requirements, and reform
school attendance law.
for the sending of children from one (1) county or district to 1375
another, a change in or relocation of attendance centers, or for 1376
any other reason which would result in a major decrease or 1377
increase in the number of children in net enrollment or the net 1378
enrollment of transported children during the current school year 1379
as compared with the preceding year. 1380
SECTION 9. Section 25-11-126, Mississippi Code of 1972, 1381
which contains provisions for retired teachers returning to work 1382
while continuing to draw retirement benefits, is repealed. 1383
SECTION 10. Section 9 of this act shall take effect and be 1384
in force from and after July 2, 2026, and the remaining sections 1385
of this act shall take effect and be in force from and after July 1386
1, 2026. 1387