Mississippi Compulsory School Attendance Law; revise provisions concerning.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) DeBar, DuPree

SENATE BILL NO. 2286
(As Passed the Senate)

AN ACT TO AMEND SECTIONS 37-13-80, 37-13-83, 37-13-85, 1
37-13-87, 37-13-89, 37-13-91 AND 37-13-107, MISSISSIPPI CODE OF 2
1972, TO REFORM THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW; 3
TO FORM THE OFFICE OF COMPULSORY SCHOOL ATTENDANCE ENFORCEMENT AND 4
DROPOUT PREVENTION WITHIN THE STATE DEPARTMENT OF EDUCATION, BY 5
CONSOLIDATING THE OFFICE OF COMPULSORY SCHOOL ATTENDANCE 6
ENFORCEMENT WITH THE OFFICE OF DROPOUT PREVENTION, WHERE IT IS 7
CURRENTLY HOUSED; TO PLACE SCHOOL ATTENDANCE OFFICERS IN THE 8
EMPLOYMENT OF THEIR LOCAL SCHOOL DISTRICTS; TO SET A NEW MINIMUM 9
SALARY SCALE FOR SCHOOL ATTENDANCE OFFICERS; TO REPEAL SECTION 10
37-13-80.1, MISSISSIPPI CODE OF 1972, WHICH DIRECTS THE STATE 11
BOARD OF EDUCATION TO IMPLEMENT A MIDDLE SCHOOL DROPOUT PREVENTION 12
AND RECOVERY PILOT PROGRAM IN SELECT "D" AND "F" RATED SCHOOL 13
DISTRICTS SELECTED BY THE STATE BOARD OF EDUCATION; TO REPEAL 14
SECTION 37-13-81, MISSISSIPPI CODE OF 1972, WHICH CREATES THE 15
OFFICE OF COMPULSORY SCHOOL ATTENDANCE ENFORCEMENT WITHIN THE 16
OFFICE OF DROPOUT PREVENTION OF THE STATE DEPARTMENT OF EDUCATION; 17
AND FOR RELATED PURPOSES. 18
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 19
SECTION 1. Section 37-13-80, Mississippi Code of 1972, is 20
amended as follows: 21
37-13-80. (1) There is created the Office of Compulsory 22
School Attendance Enforcement and Dropout Prevention within the 23
State Department of Education. The office shall be responsible 24
for the administration of a statewide dropout prevention program, 25
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and for the administration of a statewide system of enforcement of 26
the Mississippi Compulsory School Attendance Law. 27
(2) The State Superintendent of Public Education shall 28
appoint a director for the Office of Compulsory School Attendance 29
Enforcement and Dropout Prevention, who shall meet all 30
qualifications established by the State Superintendent of Public 31
Education and the State Personnel Board. The director shall be 32
responsible for the proper administration of the Office of 33
Compulsory School Attendance Enforcement and Dropout Prevention 34
and any other regulations or policies that may be adopted by the 35
State Board of Education. However, if for any reason within the 36
two-year period beginning July 1, 2014, a new director for the 37
Office of Compulsory School Attendance Enforcement and Dropout 38
Prevention is employed by the department, the employment of such 39
individual shall not be subject to the rules and regulations of 40
the State Personnel Board, except as otherwise provided in Section 41
25-9-127(4). 42
(3) Each school district shall implement a dropout 43
prevention program approved by the Office of Compulsory School 44
Attendance Enforcement and Dropout Prevention of the State 45
Department of Education by the * * * 2026-2027, and annually 46
thereafter, school year. 47
(4) Each local school district will be held responsible for 48
reducing and/or eliminating dropouts in the district. The local 49
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school district will be responsible for the implementation of 50
dropout plans focusing on issues such as, but not limited to: 51
(a) Dropout Prevention initiatives that focus on the 52
needs of individual local education agencies; 53
(b) Establishing policies and procedures that meet the 54
needs of the districts; 55
(c) Focusing on the student-centered goals and 56
objectives that are * * * measurable; 57
(d) Strong emphasis on * * * increasing the retention 58
rates in grades kindergarten, first and second; 59
(e) Targeting subgroups that need additional assistance 60
to meet graduation requirements; and 61
(f) Dropout recovery initiatives that focus on students 62
age seventeen (17) through twenty-one (21), who dropped out of 63
school. 64
(5) The Office of Compulsory School Attendance Enforcement 65
and Dropout Prevention may provide technical assistance * * * to 66
school districts to increase graduation rates and reduce chronic 67
absenteeism as defined in Section 37-13-91(n). The office shall 68
collaborate with program offices within the department to develop 69
and disseminate model policies, templates and data tools for early 70
warning identification, tiered interventions, and family and 71
community engagement strategies aligned to Section 97-13-91(n). 72
The office shall, at a minimum: 73
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(a) Publish annually updated guidance and model plans; 74
and 75
(b) Offer training and technical assistance to 76
districts and schools whose chronic absenteeism rate exceeds ten 77
percent (10%) for any grade level or subgroup. 78
(6) Each school district's dropout prevention plan shall 79
address how students will transition to the home school district 80
from the juvenile detention centers. 81
* * * 82
SECTION 2. Section 37-13-83, Mississippi Code of 1972, is 83
amended as follows: 84
37-13-83. The State Superintendent of Public Education 85
shall * * * employ sufficient staff for the Office of Compulsory 86
School Attendance Enforcement and Dropout Prevention, who shall 87
meet all qualifications * * * established by the State 88
Superintendent of Public Education * * *, with the approval of the 89
State Personnel Board. The * * * staff shall be responsible for 90
the proper administration of the Office of Compulsory School 91
Attendance Enforcement and Dropout Prevention in conformity with 92
the Mississippi Compulsory School Attendance Law and any other 93
regulations or policies that may be adopted by the State Board of 94
Education. * * * 95
SECTION 3. Section 37-13-85, Mississippi Code of 1972, is 96
amended as follows: 97
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37-13-85. The Office of Compulsory School Attendance 98
Enforcement and Dropout Prevention shall have the following powers 99
and duties, in addition to all others imposed or granted by law: 100
(a) To establish any policies or guidelines * * * to be 101
used by local school districts for the employment of school 102
attendance officers which serve to effectuate a uniform system of 103
enforcement under the Mississippi Compulsory School Attendance Law 104
throughout the state * * *; 105
* * * 106
( * * *b) To establish minimum standards for enrollment 107
and attendance for the state and each individual school district, 108
and to monitor the success of the state and districts in achieving 109
the required levels of performance; 110
( * * *c) To provide to school districts failing to 111
meet the established standards for enrollment and attendance 112
assistance in reducing absenteeism or the dropout rates in those 113
districts; 114
( * * *d) To establish any qualifications, in addition 115
to those required under Section 37-13-89, for school attendance 116
officers as the office deems necessary to further the purposes of 117
the Mississippi Compulsory School Attendance Law; 118
( * * *e) To develop and implement a system under which 119
school districts are required to maintain accurate records that 120
document enrollment and attendance in such a manner that the 121
records reflect all changes in enrollment and attendance, and to 122
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require school attendance officers to submit information 123
concerning public school attendance on a monthly basis to the 124
office; 125
( * * *f) To prepare the form of the certificate of 126
enrollment required under the Mississippi Compulsory School 127
Attendance Law and to furnish a sufficient number of the 128
certificates of enrollment to each school attendance officer in 129
the state; 130
( * * *g) To provide to the State Board of Education 131
statistical information concerning absenteeism, dropouts and other 132
attendance-related problems as requested by the State Board of 133
Education; 134
( * * *h) To provide for the certification of school 135
attendance officers; 136
( * * *i) To provide for a course of training and 137
education for school attendance officers, and to require 138
successful completion of the course as a prerequisite to 139
certification by the office as school attendance officers; 140
( * * *j) To adopt any guidelines or policies the 141
office deems necessary to effectuate an orderly transition from 142
the supervision of school attendance officers by * * * the State 143
Department of Education to the supervision by the local 144
school * * * district; 145
* * * 146
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( * * *k) To adopt policies or guidelines to assist 147
school districts with linking the duties of school attendance 148
officers to the appropriate courts, law enforcement agencies and 149
community service providers; * * * 150
( * * *l) To adopt any other policies or guidelines 151
that the office deems necessary for the enforcement of the 152
Mississippi Compulsory School Attendance Law; however, the 153
policies or guidelines shall not add to or contradict with the 154
requirements of Section 37-13-91 * * *; and 155
(m) To transfer all funds appropriated to the State 156
Department of Education for school attendance officers to school 157
districts on the same schedule as total funding formula 158
disbursements under Section 37-151-103. 159
SECTION 4. Section 37-13-87, Mississippi Code of 1972, is 160
amended as follows: 161
37-13-87. * * * The State Superintendent of Public Education 162
shall employ sufficient staff to provide oversight and guidance 163
for the enforcement of the Mississippi Compulsory School 164
Attendance Law * * * and shall support and provide technical 165
assistance and professional development to the school attendance 166
officers in the local school district. The * * * staff employed 167
by the State Superintendent of Public Education shall assist the 168
school attendance officers in the performance of their duties as 169
established by law or otherwise and may also perform any other 170
duties within the Office of Compulsory School Attendance 171
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Enforcement and Dropout Prevention as may be assigned by the State 172
Superintendent of Public Education. Duties include, but are not 173
limited to, the implementation of proper data collection and the 174
training of school district staff. 175
* * * 176
SECTION 5. Section 37-13-89, Mississippi Code of 1972, is 177
amended as follows: 178
37-13-89. (1) (a) In each school district within the 179
state, there shall be employed the number of school attendance 180
officers determined by the local school district, in consultation 181
with the Office of Compulsory School Attendance Enforcement and 182
Dropout Prevention to be necessary to adequately enforce * * * the 183
Mississippi Compulsory School Attendance Law * * *. In any school 184
district where charter schools operate, the district shall also 185
enforce the Mississippi Compulsory School Attendance Law for those 186
charter schools. From and after July 1, * * * 2026, all school 187
attendance officers employed pursuant to this section shall be 188
employees of the * * * school districts, which shall employ all 189
persons employed as school attendance officers by * * * the State 190
Department of Education before July 1, 2026, and shall assign them 191
to school attendance responsibilities in the school district in 192
which they were employed before July 1, * * * 2026. 193
(b) If a school attendance officer employed by the 194
State Department of Education performed services in two (2) or 195
more school districts during the 2025-2026 school year, that 196
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school attendance officer may continue to serve the same two (2) 197
or more districts for the 2026-2027 school year. For purposes of 198
employment, the school attendance officer shall be assigned to the 199
district with the largest student enrollment, and that district 200
shall serve as the fiscal agent, with funding shared with the 201
partnering district. Effective on July 1, 2026, if two (2) or 202
more districts fall below a certain number of students enrolled, 203
to be determined by the State Department of Education, or are 204
provided funding for only one-half (1/2) of the salary of the 205
school attendance officer, those district are authorized, in the 206
discretion of their respective local school boards, to enter into 207
an agreement for the purposes of sharing a school attendance 208
officer. The agreement shall designate the district to serve as 209
the fiscal agent, as well as the mutually agreed-upon salary for 210
the school attendance officer. The agreement shall be adopted by 211
resolution duly spread on the minutes of each school board and 212
approved by the Office of Compulsory School Attendance Enforcement 213
and Dropout Prevention. 214
(2) (a) The * * * local school district shall * * * conduct 215
criminal records background checks and current child abuse 216
registry checks on all persons applying for the position of school 217
attendance officer on or after July * * * 1, 2026. The criminal 218
records information and registry checks must be kept on file for 219
any new hires. * * * To determine an applicant's suitability for 220
employment as a school attendance officer, the applicant must be 221
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fingerprinted. If no disqualifying record is identified at the 222
state level, the Department of Public Safety shall forward the 223
fingerprints to the Federal Bureau of Investigation (FBI) for a 224
national criminal history record check. The applicant shall pay 225
the fee, not to exceed Fifty Dollars ($50.00), for the 226
fingerprinting and criminal records background check; however, 227
the * * * school district, in its discretion, may pay the fee for 228
the fingerprinting and criminal records background check on behalf 229
of any applicant. Under no circumstances may a member of 230
the * * * school board, employee of the * * * school district or 231
any person other than the subject of the criminal records 232
background check disseminate information received through any such 233
checks except insofar as required to fulfill the purposes of this 234
subsection. 235
(b) If the fingerprinting or criminal records check 236
discloses a felony conviction, guilty plea or plea of nolo 237
contendere to a felony of possession or sale of drugs, murder, 238
manslaughter, armed robbery, rape, sexual battery, sex offense 239
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 240
burglary, gratification of lust or aggravated assault which has 241
not been reversed on appeal or for which a pardon has not been 242
granted, the applicant is not eligible to be employed as a school 243
attendance officer. Any employment of an applicant pending the 244
results of the fingerprinting and criminal records check is 245
voidable if the new hire receives a disqualifying criminal records 246
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check. However, the * * * school board, in its discretion, may 247
allow an applicant aggrieved by an employment decision under this 248
subsection to appear before the board, or before a hearing officer 249
designated for that purpose, to show mitigating circumstances that 250
may exist and allow the new hire to be employed as a school 251
attendance officer. The * * * school board may grant waivers for 252
mitigating circumstances, which may include, but are not 253
necessarily limited to: (i) age at which the crime was committed; 254
(ii) circumstances surrounding the crime; (iii) length of time 255
since the conviction and criminal history since the conviction; 256
(iv) work history; (v) current employment and character 257
references; and (vi) other evidence demonstrating the ability of 258
the person to perform the responsibilities of a school attendance 259
officer competently and that the person does not pose a threat to 260
the health or safety of children. 261
(c) * * * No school district, district employee, member 262
of the State Board of Education or employee of a school under the 263
purview of the State * * * Board of Education * * * shall be held 264
liable in any employment discrimination suit in which an 265
allegation of discrimination is made under state law regarding an 266
employment decision authorized under this section. 267
(3) Each school attendance officer shall possess * * * at 268
least one of the following: 269
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(a) A bachelor's degree with a major in behavioral 270
science or a related field, including, but not limited to, social 271
work, education, criminal justice, psychology or sociology; 272
(b) An associate's degree in behavioral science or a 273
related field, plus two (2) years of full-time experience in 274
education, social work, counseling, law enforcement or a 275
comparable field involving direct services for children; or 276
(c) No less than three (3) years combined experienced 277
in a related role involving student support and engagement. 278
School attendance officers also shall satisfy any additional 279
requirements that may be established by the hiring local school 280
district. 281
(4) It shall be the duty of each school attendance officer 282
to: 283
(a) Cooperate with any public agency to locate and 284
identify all compulsory-school-age children who are not attending 285
school; 286
(b) Cooperate with all courts of competent 287
jurisdiction; 288
(c) Investigate all cases of nonattendance and unlawful 289
absences by compulsory-school-age children not enrolled in a 290
nonpublic school; 291
(d) Provide appropriate counseling to encourage all 292
school-age children to attend school until they have completed 293
high school; 294
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(e) Attempt to secure the provision of social or 295
welfare services that may be required to enable any child to 296
attend school; 297
(f) Contact the home or place of residence of a 298
compulsory-school-age child and any other place in which the 299
officer is likely to find any compulsory-school-age child when the 300
child is absent from school during school hours without a valid 301
written excuse from school officials, and when the child is found, 302
the officer shall notify the parents and school officials as to 303
where the child was physically located. If a home visit is 304
necessary, the school district may send a member of the 305
administrative staff, school resource officer or local law 306
enforcement agency along with the school attendance officer to the 307
residence; 308
(g) Contact promptly the home of each 309
compulsory-school-age child in the school district within the 310
officer's jurisdiction who is not enrolled in school or is not in 311
attendance at public school and is without a valid written excuse 312
from school officials; if no valid reason is found for the 313
nonenrollment or absence from the school, the school attendance 314
officer shall give written notice to the parent, guardian or 315
custodian of the requirement for the child's enrollment or 316
attendance; 317
(h) Collect and maintain information concerning 318
absenteeism, dropouts and other attendance-related problems, as 319
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may be required by law, the school district or the Office of 320
Compulsory School Attendance Enforcement and Dropout Prevention; 321
and 322
(i) Perform all other duties relating to compulsory 323
school attendance established by the * * * school district. 324
(5) While engaged in the performance of his duties, each 325
school attendance officer shall carry on his person a badge 326
identifying him as a school attendance officer * * *. Neither the 327
badge nor the identification card shall bear the name of any 328
elected public official. 329
(6) The state shall provide funding for one (1) school 330
attendance officer employed by a school district or districts for 331
every two thousand five hundred (2,500) compulsory-school-aged 332
children, as defined in Section 37-13-91(2)(f), in enrollment in 333
the public schools of the county, for the purpose of employing 334
school attendance officers as defined in Section 37-13-91(2)(g). 335
( * * *7) The * * * salary * * * for school attendance 336
officers * * * shall be based upon factors including, but not 337
limited to, education, professional certification and licensure, 338
and number of years of experience. School attendance officers 339
must meet the minimum requirements as identified in subsection (3) 340
of this section. Effective July 1, 2026, any newly hired school 341
attendance officers shall be paid * * * a minimum salary as 342
provided in the table below. A school district may pay additional 343
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compensation above the minimum salary on a schedule established by 344
its school board. 345
* * * 346
Years of Experience Salary 347
0 years $34,000.00 348
1 year 34,629.43 349
2 years 35,314.89 350
3 years 35,987.77 351
4 years 36,671.15 352
5 years 37,951.30 353
6 years 38,662.52 354
7 years 39,384.76 355
8 years 40,118.17 356
9 years 40,862.91 357
10 years 42,238.01 358
11 years 43,012.66 359
12 years 43,799.19 360
13 years 44,597.79 361
14 years 45,408.60 362
15 years 46,885.29 363
16 years 48,335.15 364
17 years 48,583.99 365
18 years 49,452.78 366
19 years 50,334.75 367
20 years 51,920.05 368
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21 years 52,836.50 369
22 years 53,766.78 370
23 years 54,711.09 371
24 years 55,669.61 372
25 years 58,554.95 373
26 years 59,563.42 374
27 years 60,586.96 375
28 years 61,625.75 376
29 years 62,680.03 377
30 years 63,750.00 378
( * * *8) * * * Each school attendance officer employed by 379
the State Department of Education on June 30, 2026, shall be 380
transferred from state services under the authority of the State 381
Personnel Board to employment status as an employee of his or her 382
respective school district of assignment. Each school attendance 383
officer shall have a work location within the school district 384
served. Each school attendance officer who became an employee of 385
the school district on July 1, 2026, shall have no interruption of 386
service with the Public Employees' Retirement System and the State 387
and School Employees' Health Insurance Plan. Any unused leave 388
accumulated in state-service employment with the State Department 389
of Education shall be transferred in accordance with Section 390
37-7-307, unless otherwise provided. 391
( * * *9) * * * School attendance officers shall maintain 392
regular office hours on a year-round basis, as determined by the 393
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school district of employment; however, during the school term, on 394
those days that teachers in all of the school districts served by 395
a school attendance officer are not required to report to work, 396
the school attendance officer also shall not be required to report 397
to work. (For purposes of this subsection, a school district's 398
school term is that period of time identified as the school term 399
in contracts entered into by the district with licensed 400
personnel.) A school attendance officer shall be required to 401
report to work on any day recognized as an official state holiday 402
if teachers in any school district served by that school 403
attendance officer are required to report to work on that 404
day * * *. 405
* * * 406
( * * *10) The State Department of Education shall provide 407
all continuing education and training courses that school 408
attendance officers are required to complete under state law or 409
rules and regulations of the department. 410
(11) The State Department of Education and the Mississippi 411
Association of School Superintendents shall provide a joint report 412
on the status and progress of school attendance officers in their 413
capacity as employees of school districts, and their fulfillment 414
of their assigned duties, to the Lieutenant Governor, Speaker of 415
the House of Representatives, and Chairmen of the Senate and House 416
Education Committees by December 1, 2027, 2028, and 2029. 417
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SECTION 6. Section 37-13-91, Mississippi Code of 1972, is 418
amended as follows: 419
37-13-91. (1) This section shall be referred to as the 420
"Mississippi Compulsory School Attendance Law." 421
(2) The following terms as used in this section are defined 422
as follows: 423
(a) "Parent" means the father or mother to whom a child 424
has been born, or the father or mother by whom a child has been 425
legally adopted. 426
(b) "Guardian" means a guardian of the person of a 427
child, other than a parent, who is legally appointed by a court of 428
competent jurisdiction. 429
(c) "Custodian" means any person having the present 430
care or custody of a child, other than a parent or guardian of the 431
child. 432
(d) "School day" means * * * the portion of a day 433
during which schools are in session and providing instruction to 434
students, as set by the school board and consistent with State 435
Board of Education accreditation requirements. For purposes of 436
compulsory school attendance, a student shall be considered in 437
full-day attendance if present for at least sixty-six percent 438
(66%) of the instructional day, as defined by the State Board of 439
Education. 440
(e) "School" means any public school, including a 441
charter school, in this state or any nonpublic school in this 442
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state which is in session each school year for at least one 443
hundred eighty (180) school days, except that the "nonpublic" 444
school term shall be the number of days that each school shall 445
require for promotion from grade to grade. 446
(f) "Compulsory-school-age child" means a child who has 447
attained or will attain the age of six (6) years on or before 448
September 1 of the calendar year and who has not attained the age 449
of seventeen (17) years on or before September 1 of the calendar 450
year; and shall include any child who has attained or will attain 451
the age of five (5) years on or before September 1 and has 452
enrolled in a full-day public school kindergarten program. 453
(g) "School attendance officer" means a person employed 454
by * * * a school district and receiving additional support and 455
technical assistance from the Office of Compulsory School 456
Attendance Enforcement and Dropout Prevention. 457
(h) "Appropriate school official" means the 458
superintendent of the school district, or his designee, or, in the 459
case of a nonpublic school, the principal or the headmaster. 460
(i) "Nonpublic school" means an institution for the 461
teaching of children, consisting of a physical plant, whether 462
owned or leased, including a home, instructional staff members and 463
students, and which is in session each school year. This 464
definition shall include, but not be limited to, private, church, 465
parochial and home instruction programs. 466
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(3) A parent, guardian or custodian of a 467
compulsory-school-age child in this state shall cause the child to 468
enroll in and attend a public school or legitimate nonpublic 469
school for the period of time that the child is of compulsory 470
school age, except under the following circumstances: 471
(a) When a compulsory-school-age child is physically, 472
mentally or emotionally incapable of attending school as 473
determined by the appropriate school official based upon 474
sufficient medical documentation. 475
(b) When a compulsory-school-age child is enrolled in 476
and pursuing a course of special education, remedial education or 477
education for children with physical or mental disadvantages or 478
disabilities. 479
(c) When a compulsory-school-age child is being 480
educated in a legitimate home instruction program. 481
The parent, guardian or custodian of a compulsory-school-age 482
child described in this subsection * * * shall complete a 483
"certification of enrollment" to facilitate the administration of 484
this section. The appropriate school official for any or all 485
children attending a charter school or nonpublic school shall 486
complete a "certificate of enrollment" in order to facilitate the 487
administration of this section. 488
The form of the certificate of enrollment shall be prepared 489
by the Office of Compulsory School Attendance Enforcement * * * 490
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and Dropout Prevention and shall be designed to obtain the 491
following information only: 492
(i) The name, address, telephone number and date 493
of birth of the compulsory-school-age child; 494
(ii) The name, address and telephone number of the 495
parent, guardian or custodian of the compulsory-school-age child; 496
(iii) The school district where the 497
compulsory-school-age child resides; 498
( * * *iv) A simple description of the type of 499
education the compulsory-school-age child is receiving and, if the 500
child is enrolled in a charter school or nonpublic school, the 501
name and address of the school; and 502
( * * *v) The signature of the parent, guardian or 503
custodian of the compulsory-school-age child or, for any or all 504
compulsory-school-age child or children attending a charter school 505
or nonpublic school, the signature of the appropriate school 506
official and the date signed. 507
The certificate of enrollment shall be returned to the school 508
attendance officer that serves the school district where the child 509
resides on or before * * * August 15 of each year. Any parent, 510
guardian or custodian found by the school attendance officer to be 511
in noncompliance with this section shall comply, after written 512
notice of the noncompliance by the school attendance officer, with 513
this subsection within ten (10) days after the notice or be in 514
violation of this section. However, in the event the child has 515
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been enrolled in a public school within fifteen (15) calendar days 516
after the first day of the school year as required in subsection 517
(6), the parent or custodian may, at a later date, enroll the 518
child in a legitimate nonpublic school or legitimate home 519
instruction program and send the certificate of enrollment to the 520
school attendance officer and be in compliance with this 521
subsection. 522
For the purposes of this subsection, a legitimate nonpublic 523
school or legitimate home instruction program shall be those not 524
operated or instituted for the purpose of avoiding or 525
circumventing the compulsory attendance law. 526
(4) (a) An "unlawful absence" is an absence for an entire 527
school day or during part of a school day by a 528
compulsory-school-age child, which absence is not due to a valid 529
excuse for temporary nonattendance. For purposes of reporting 530
absenteeism under subsection (6) of this section, if a 531
compulsory-school-age child has an absence that is more than * * * 532
thirty-three percent (33%) of the instructional day, as fixed by 533
the school board for the school at which the compulsory-school-age 534
child is enrolled, the child must be considered absent the entire 535
school day. Days missed from school due to disciplinary 536
suspension shall not be considered an "excused" absence under this 537
section. This subsection shall not apply to children enrolled in 538
a nonpublic school. 539
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Each of the following shall constitute a valid excuse for 540
temporary nonattendance of a compulsory-school-age child enrolled 541
in a noncharter public school, provided satisfactory evidence of 542
the excuse is provided to the superintendent of the school 543
district, or his designee: 544
( * * *i) An absence is excused when the absence 545
results from the compulsory-school-age child's attendance at an 546
authorized school activity with the prior approval of the 547
superintendent of the school district, or his designee. These 548
activities may include field trips, athletic contests, student 549
conventions, musical festivals and any similar activity. 550
( * * *ii) An absence is excused when the absence 551
results from illness or injury, as documented by a written excuse 552
by a medical provider, which prevents the compulsory-school-age 553
child from being physically able to attend school. 554
( * * *iii) An absence is excused when isolation 555
of a compulsory-school-age child is ordered by the county health 556
officer, by the State Board of Health or appropriate school 557
official. 558
( * * *iv) An absence is excused when it results 559
from the death or serious illness of a member of the immediate 560
family of a compulsory-school-age child. The immediate family 561
members of a compulsory-school-age child shall include children, 562
spouse, grandparents, parents, brothers and sisters, including 563
stepbrothers and stepsisters. 564
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( * * *v) An absence is excused when it results 565
from a medical or dental appointment of a compulsory-school-age 566
child with documented excuse from the medical provider. 567
( * * *vi) An absence is excused when it results 568
from the attendance of a compulsory-school-age child at the 569
proceedings of a court or an administrative tribunal if the child 570
is a party to the action or under subpoena as a witness. 571
( * * *vii) An absence may be excused if the 572
religion to which the compulsory-school-age child or the child's 573
parents adheres, requires or suggests the observance of a 574
religious event. The approval of the absence is within the 575
discretion of the superintendent of the school district, or his 576
designee, but approval should be granted unless the religion's 577
observance is of such duration as to interfere with the education 578
of the child. 579
( * * *viii) An absence may be excused when it is 580
demonstrated to the satisfaction of the superintendent of the 581
school district, or his designee, that the purpose of the absence 582
is to take advantage of a valid educational opportunity such as 583
travel, including vacations or other family travel. Approval of 584
the absence must be gained from the superintendent of the school 585
district, or his designee, before the absence * * *. 586
( * * *ix) An absence may be excused when it is 587
demonstrated to the satisfaction of the superintendent of the 588
school district, or his designee, that conditions are sufficient 589
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to warrant the compulsory-school-age child's nonattendance. 590
However, no absences shall be excused by the school district 591
superintendent, or his designee, when any student suspensions or 592
expulsions circumvent the intent and spirit of the compulsory 593
attendance law. 594
( * * *x) An absence is excused when it results 595
from the attendance of a compulsory school age child participating 596
in official organized events sponsored by the 4 H or Future 597
Farmers of America (FFA). The excuse for the 4 H or FFA event 598
must be provided in writing to the appropriate school 599
superintendent by the Extension Agent or High School Agricultural 600
Instructor/FFA Advisor. 601
( * * *xi) An absence is excused when it results 602
from the compulsory-school-age child officially being employed to 603
serve as a page at the State Capitol for the Mississippi House of 604
Representatives or Senate. 605
(b) Limitation on excused absences. Except as 606
otherwise provided in this section, no compulsory-school-age child 607
shall be granted more than five (5) excused absences per semester 608
under subparagraphs (i) through (x) of paragraph (a) of this 609
subsection (4). Any additional excused absences beyond this limit 610
must be specifically approved by the school district 611
superintendent, or his or her designee, upon a showing of 612
extenuating circumstances. Extenuating circumstances may include, 613
but are not limited to, prolonged illness or injury supported by 614
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medical documentation, extended religious observances, or 615
participation in educational opportunities of substantial merit, 616
including out-of-state educational travel. Any absence in excess 617
of this limit, and not approved by the superintendent, shall be 618
considered unexcused for purposes of this chapter. Any absence in 619
excess of the limit set forth in this subsection, and not approved 620
by the superintendent, shall be considered an unexcused absence 621
for purposes of this chapter. 622
(i) School-sanctioned events, such as athletics, 623
band, choir or other events sponsored by the Mississippi High 624
School Activities Association or a successor entity shall not be 625
counted as absences. 626
(ii) School-sanctioned academic or club events 627
shall not be counted as absences. 628
(c) Chronic absenteeism. For purposes of this section 629
and in alignment with state and federal accountability 630
requirements, a compulsory-school-age child shall be considered 631
chronically absent if the child is absent from school for ten 632
percent (10%) or more of the instructional days in a school year, 633
regardless of whether such absences are excused or unexcused under 634
paragraphs (a) or (b) of this subsection (4). 635
(i) Each school district shall actively monitor 636
chronic absenteeism rates by school, grade level and subgroup of 637
students. Districts shall include chronic absenteeism data in 638
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their annual accountability reporting and in their district- and 639
school-level improvement plans. 640
(ii) Each school district shall develop and 641
implement tiered intervention strategies for students identified 642
as being at risk of chronic absenteeism. Such strategies shall 643
include, at a minimum: timely parent or guardian notification 644
when a student has accumulated three (3) or more absences that 645
place the student at risk of chronic absenteeism; opportunities 646
for parent or guardian conferences to identify barriers to regular 647
attendance; referral to school- or community-based support 648
services as appropriate, including health, counseling and 649
transportation resources; and assignment of an individualized 650
attendance success plan, which may include mentoring, case 651
management by a school attendance officer, or other evidence-based 652
supports. 653
(iii) Each school district shall adopt strategies 654
for proactive family engagement to prevent and reduce chronic 655
absenteeism, including, but not limited to: regular communication 656
with families in a language and manner understandable to them 657
about the importance of daily attendance and the consequences of 658
absenteeism; partnering with community organizations, faith-based 659
institutions or local businesses to support families in overcoming 660
barriers to school attendance; and providing training for school 661
staff on culturally responsive family engagement practices related 662
to attendance. 663
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(iv) When a school's chronic absenteeism rate 664
exceeds ten percent (10%) for any subgroup or grade level, the 665
school district shall be required to adopt a written chronic 666
absenteeism reduction plan, which shall be submitted to the school 667
board and made publicly available on the district website. The 668
plan shall describe specific evidence-based practices the district 669
will employ to reduce chronic absenteeism, the timeline for 670
implementation, family and community engagement strategies, and 671
the metrics for measuring progress. 672
(v) The State Department of Education shall 673
provide technical assistance to districts in the development and 674
implementation of chronic absenteeism reduction strategies and 675
shall annually publish statewide data on chronic absenteeism by 676
district and school. 677
(d) District policies; local documentation and family 678
engagement. 679
(i) By July 1, 2026, each school district shall, 680
by board action, adopt and implement locally tailored policies 681
that: 682
1. Set documentation standards for excuses 683
under subparagraphs (ii) through (v) of paragraph (a) of this 684
subsection (4), including acceptable verification, submission 685
timelines, a locally set limit on parent/guardian notes before 686
third-party documentation is required, and protections for student 687
privacy; and 688
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2. Establish family-engagement protocols 689
aligned to this paragraph (d), including timely notice when a 690
student is at risk of chronic absenteeism, a parent/guardian 691
conference and attendance success plan, multi-channel/translated 692
communications, and referral to available local supports. 693
(ii) Policies shall be posted on the district 694
website, reviewed at least every three (3) years, and reported on 695
annually to the school board using disaggregated attendance data. 696
(iii) The department may issue nonbinding model 697
policies. Adoption of the model, or of a substantially aligned 698
policy, shall constitute minimum compliance. 699
(e) This subsection (4) shall not be construed to 700
create a new criminal offense or to redefine "unlawful absence," 701
but shall serve as a primary indicator for prevention, 702
intervention and accountability under state and federal law. 703
(5) Any parent, guardian or custodian of a 704
compulsory-school-age child subject to this section who refuses or 705
willfully fails to perform any of the duties imposed upon him or 706
her under this section or who intentionally falsifies any 707
information required to be contained in a certificate of 708
enrollment, shall be guilty of contributing to the neglect of a 709
child and, upon conviction, shall be punished in accordance with 710
Section 97-5-39. 711
Upon prosecution of a parent, guardian or custodian of a 712
compulsory-school-age child for violation of this section, the 713
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presentation of evidence by the prosecutor that shows that the 714
child has not been enrolled in school within eighteen (18) 715
calendar days after the first day of the school year of the public 716
school which the child is eligible to attend, or that the child 717
has accumulated * * * eight (8) unlawful absences during the 718
school year at the public school in which the child has been 719
enrolled, shall establish a prima facie case that the child's 720
parent, guardian or custodian is responsible for the absences and 721
has refused or willfully failed to perform the duties imposed upon 722
him or her under this section. However, no proceedings under this 723
section shall be brought against a parent, guardian or custodian 724
of a compulsory-school-age child unless the school attendance 725
officer has contacted promptly the home of the child and has 726
provided written notice to the parent, guardian or custodian of 727
the requirement for the child's enrollment or attendance. 728
(6) If a compulsory-school-age child has not been enrolled 729
in a school within fifteen (15) calendar days after the first day 730
of the school year of the school which the child is eligible to 731
attend or the child has accumulated five (5) unlawful absences 732
during the school year of the public school in which the child is 733
enrolled, the school district superintendent, or his designee, 734
shall report, * * * within twenty-four (24) hours of the unlawful 735
absences to the school attendance officer. The * * * school 736
district shall prescribe a uniform method for schools to utilize 737
in reporting the unlawful absences to the school attendance 738
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officer. The superintendent, or his designee, also shall report 739
any student suspensions or student expulsions to the school 740
attendance officer when they occur. 741
(7) When a school attendance officer has made all attempts 742
to secure enrollment and/or attendance of a compulsory-school-age 743
child and is unable to effect the enrollment and/or attendance, 744
the attendance officer shall file a petition with the youth court 745
under Section 43-21-451 or shall file a petition in a court of 746
competent jurisdiction as it pertains to parent or child. 747
Sheriffs, deputy sheriffs and municipal law enforcement officers 748
shall be fully authorized to investigate all cases of 749
nonattendance and unlawful absences by compulsory-school-age 750
children, and shall be authorized to file a petition with the 751
youth court under Section 43-21-451 or file a petition or 752
information in the court of competent jurisdiction as it pertains 753
to parent or child for violation of this section. The youth court 754
shall expedite a hearing to make an appropriate adjudication and a 755
disposition to ensure compliance with the Compulsory School 756
Attendance Law, and may order the child to enroll or re-enroll in 757
school. The superintendent of the school district to which the 758
child is ordered may assign, in his discretion, the child to the 759
alternative school program of the school established pursuant to 760
Section 37-13-92. 761
(8) The State Board of Education shall adopt rules and 762
regulations * * * to: 763
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(a) Ensure school superintendents timely report 764
unlawful absences under this section; and 765
(b) Sanction school districts that do not adhere to 766
said policy though findings of noncompliance on the monitoring 767
process. 768
(9) Notwithstanding any provision or implication herein to 769
the contrary, it is not the intention of this section to impair 770
the primary right and the obligation of the parent or parents, or 771
person or persons in loco parentis to a child, to choose the 772
proper education and training for such child, and nothing in this 773
section shall ever be construed to grant, by implication or 774
otherwise, to the State of Mississippi, * * * school attendance 775
officers, agencies or subdivisions any right or authority to 776
control, manage, supervise or make any suggestion as to the 777
control, management or supervision of any private or parochial 778
school or institution for the education or training of children, 779
of any kind whatsoever that is not a public school according to 780
the laws of this state; and this section shall never be construed 781
so as to grant, by implication or otherwise, any right or 782
authority to any state agency or other entity to control, manage, 783
supervise, provide for or affect the operation, management, 784
program, curriculum, admissions policy or discipline of any such 785
school or home instruction program. 786
SECTION 7. Section 37-13-107, Mississippi Code of 1972, is 787
amended as follows: 788
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37-13-107. (1) Every school attendance officer shall be 789
required annually to attend and complete a comprehensive course of 790
training and education which is provided or approved by the Office 791
of Compulsory School Attendance Enforcement and Dropout Prevention 792
of the State Department of Education. Attendance shall be 793
required beginning with the first training seminar conducted after 794
the school attendance officer is employed as a school attendance 795
officer. 796
(2) The Office of Compulsory School Attendance Enforcement 797
and Dropout Prevention shall provide or approve a course of 798
training and education for school attendance officers of the 799
state. The course shall consist of at least twelve (12) hours of 800
training per year. The content of the course of training and when 801
and where it is to be conducted shall be approved by the office. 802
A certificate of completion shall be furnished by the State 803
Department of Education to those school attendance officers who 804
complete the course. Each certificate shall be made a permanent 805
record of the * * * local school district where the school 806
attendance officer is employed. 807
(3) Upon the failure of any person employed as a school 808
attendance officer to receive the certificate of completion from 809
the State Department of Education within the first year of his 810
employment, the person shall not be allowed to carry out any of 811
the duties of a school attendance officer and shall not be 812
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ST: Mississippi Compulsory School Attendance
Law; revise provisions concerning.
entitled to compensation for the period of time during which the 813
certificate has not been obtained. 814
SECTION 8. Section 37-13-80.1, Mississippi Code of 1972, 815
which directs the State Board of Education to implement a Middle 816
School Dropout Prevention and Recovery Pilot Program in select "D" 817
and "F" rated school districts selected by the State Board of 818
Education, is repealed. 819
SECTION 9. Section 37-13-81, which creates the Office of 820
Compulsory School Attendance Enforcement within the Office of 821
Dropout Prevention of the State Department of Education, is 822
repealed. 823
SECTION 10. This act shall take effect and be in force from 824
and after July 1, 2026, and shall stand repealed on June 30, 2026. 825