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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Norwood
SENATE BILL NO. 2297
AN ACT TO AMEND SECTIONS 37-13-91 AND 37-15-9, MISSISSIPPI 1
CODE OF 1972, TO REVISE THE DEFINITION OF "SCHOOL" AND 2
"COMPULSORY-SCHOOL-AGE CHILD"; TO PROVIDE THAT THE PROVISIONS OF 3
THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW ARE FULLY 4
APPLICABLE TO KINDERGARTEN-AGE CHILDREN; TO REQUIRE SUCH 5
KINDERGARTEN-AGE CHILDREN TO ATTEND LICENSED PUBLIC, PAROCHIAL, 6
NONPUBLIC OR HOMESCHOOL KINDERGARTEN PROGRAMS; AND FOR RELATED 7
PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 37-13-91, Mississippi Code of 1972, is 10
amended as follows: 11
37-13-91. (1) This section shall be referred to as the 12
"Mississippi Compulsory School Attendance Law." 13
(2) The following terms as used in this section are defined 14
as follows: 15
(a) "Parent" means the father or mother to whom a child 16
has been born, or the father or mother by whom a child has been 17
legally adopted. 18
(b) "Guardian" means a guardian of the person of a 19
child, other than a parent, who is legally appointed by a court of 20
competent jurisdiction. 21
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(c) "Custodian" means any person having the present 22
care or custody of a child, other than a parent or guardian of the 23
child. 24
(d) "School day" means not less than five and one-half 25
(5-1/2) and not more than eight (8) hours of actual teaching in 26
which both teachers and pupils are in regular attendance for 27
scheduled schoolwork. 28
(e) "School" means any public school, including a 29
charter school, in this state or any nonpublic school in this 30
state which is in session each school year for at least one 31
hundred eighty (180) school days, except that the "nonpublic" 32
school term shall be the number of days that each school shall 33
require for promotion from grade to grade. Relative to 34
kindergarten-age children, school shall mean any licensed public, 35
parochial or nonpublic school kindergarten program or legitimate 36
homeschool kindergarten program which promotes services that 37
address the cognitive, social and emotional needs of five-year-old 38
children. 39
(f) "Compulsory-school-age child" means a child who has 40
attained or will attain the age of * * * five (5) years on or 41
before * * * August 1 of the calendar year and who has not 42
attained the age of seventeen (17) years on or before * * * August 43
1 of the calendar year * * *. 44
(g) "School attendance officer" means a person employed 45
by the State Department of Education pursuant to Section 37-13-89. 46
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(h) "Appropriate school official" means the 47
superintendent of the school district, or his designee, or, in the 48
case of a nonpublic school, the principal or the headmaster. 49
(i) "Nonpublic school" means an institution for the 50
teaching of children, consisting of a physical plant, whether 51
owned or leased, including a home, instructional staff members and 52
students, and which is in session each school year. This 53
definition shall include, but not be limited to, private, church, 54
parochial and home instruction programs. 55
(3) A parent, guardian or custodian of a 56
compulsory-school-age child in this state shall cause the child to 57
enroll in and attend a public school or legitimate nonpublic 58
school for the period of time that the child is of compulsory 59
school age, except under the following circumstances: 60
(a) When a compulsory-school-age child is physically, 61
mentally or emotionally incapable of attending school as 62
determined by the appropriate school official based upon 63
sufficient medical documentation. 64
(b) When a compulsory-school-age child is enrolled in 65
and pursuing a course of special education, remedial education or 66
education for children with physical or mental disadvantages or 67
disabilities. 68
(c) When a compulsory-school-age child is being 69
educated in a legitimate home instruction program. 70
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The parent, guardian or custodian of a compulsory-school-age 71
child described in this subsection, or the parent, guardian or 72
custodian of a compulsory-school-age child attending any charter 73
school or nonpublic school, or the appropriate school official for 74
any or all children attending a charter school or nonpublic school 75
shall complete a "certificate of enrollment" in order to 76
facilitate the administration of this section. 77
The form of the certificate of enrollment shall be prepared 78
by the Office of Compulsory School Attendance Enforcement of the 79
State Department of Education and shall be designed to obtain the 80
following information only: 81
(i) The name, address, telephone number and date 82
of birth of the compulsory-school-age child; 83
(ii) The name, address and telephone number of the 84
parent, guardian or custodian of the compulsory-school-age child; 85
(iii) A simple description of the type of 86
education the compulsory-school-age child is receiving and, if the 87
child is enrolled in a nonpublic school, the name and address of 88
the school; and 89
(iv) The signature of the parent, guardian or 90
custodian of the compulsory-school-age child or, for any or all 91
compulsory-school-age child or children attending a charter school 92
or nonpublic school, the signature of the appropriate school 93
official and the date signed. 94
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The certificate of enrollment shall be returned to the school 95
attendance officer where the child resides on or before September 96
15 of each year. Any parent, guardian or custodian found by the 97
school attendance officer to be in noncompliance with this section 98
shall comply, after written notice of the noncompliance by the 99
school attendance officer, with this subsection within ten (10) 100
days after the notice or be in violation of this section. 101
However, in the event the child has been enrolled in a public 102
school within fifteen (15) calendar days after the first day of 103
the school year as required in subsection (6), the parent or 104
custodian may, at a later date, enroll the child in a legitimate 105
nonpublic school or legitimate home instruction program and send 106
the certificate of enrollment to the school attendance officer and 107
be in compliance with this subsection. 108
For the purposes of this subsection, a legitimate nonpublic 109
school or legitimate home instruction program shall be those not 110
operated or instituted for the purpose of avoiding or 111
circumventing the compulsory attendance law. 112
(4) An "unlawful absence" is an absence for an entire school 113
day or during part of a school day by a compulsory-school-age 114
child, which absence is not due to a valid excuse for temporary 115
nonattendance. For purposes of reporting absenteeism under 116
subsection (6) of this section, if a compulsory-school-age child 117
has an absence that is more than thirty-seven percent (37%) of the 118
instructional day, as fixed by the school board for the school at 119
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which the compulsory-school-age child is enrolled, the child must 120
be considered absent the entire school day. Days missed from 121
school due to disciplinary suspension shall not be considered an 122
"excused" absence under this section. This subsection shall not 123
apply to children enrolled in a nonpublic school. 124
Each of the following shall constitute a valid excuse for 125
temporary nonattendance of a compulsory-school-age child enrolled 126
in a noncharter public school, provided satisfactory evidence of 127
the excuse is provided to the superintendent of the school 128
district, or his designee: 129
(a) An absence is excused when the absence results from 130
the compulsory-school-age child's attendance at an authorized 131
school activity with the prior approval of the superintendent of 132
the school district, or his designee. These activities may 133
include field trips, athletic contests, student conventions, 134
musical festivals and any similar activity. 135
(b) An absence is excused when the absence results from 136
illness or injury which prevents the compulsory-school-age child 137
from being physically able to attend school. 138
(c) An absence is excused when isolation of a 139
compulsory-school-age child is ordered by the county health 140
officer, by the State Board of Health or appropriate school 141
official. 142
(d) An absence is excused when it results from the 143
death or serious illness of a member of the immediate family of a 144
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compulsory-school-age child. The immediate family members of a 145
compulsory-school-age child shall include children, spouse, 146
grandparents, parents, brothers and sisters, including 147
stepbrothers and stepsisters. 148
(e) An absence is excused when it results from a 149
medical or dental appointment of a compulsory-school-age child. 150
(f) An absence is excused when it results from the 151
attendance of a compulsory-school-age child at the proceedings of 152
a court or an administrative tribunal if the child is a party to 153
the action or under subpoena as a witness. 154
(g) An absence may be excused if the religion to which 155
the compulsory-school-age child or the child's parents adheres, 156
requires or suggests the observance of a religious event. The 157
approval of the absence is within the discretion of the 158
superintendent of the school district, or his designee, but 159
approval should be granted unless the religion's observance is of 160
such duration as to interfere with the education of the child. 161
(h) An absence may be excused when it is demonstrated 162
to the satisfaction of the superintendent of the school district, 163
or his designee, that the purpose of the absence is to take 164
advantage of a valid educational opportunity such as travel, 165
including vacations or other family travel. Approval of the 166
absence must be gained from the superintendent of the school 167
district, or his designee, before the absence, but the approval 168
shall not be unreasonably withheld. 169
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(i) An absence may be excused when it is demonstrated 170
to the satisfaction of the superintendent of the school district, 171
or his designee, that conditions are sufficient to warrant the 172
compulsory-school-age child's nonattendance. However, no absences 173
shall be excused by the school district superintendent, or his 174
designee, when any student suspensions or expulsions circumvent 175
the intent and spirit of the compulsory attendance law 176
(j) An absence is excused when it results from the 177
attendance of a compulsory school age child participating in 178
official organized events sponsored by the 4-H or Future Farmers 179
of America (FFA). The excuse for the 4-H or FFA event must be 180
provided in writing to the appropriate school superintendent by 181
the Extension Agent or High School Agricultural Instructor/FFA 182
Advisor. 183
(k) An absence is excused when it results from the 184
compulsory-school-age child officially being employed to serve as 185
a page at the State Capitol for the Mississippi House of 186
Representatives or Senate. 187
(5) Any parent, guardian or custodian of a 188
compulsory-school-age child subject to this section who refuses or 189
willfully fails to perform any of the duties imposed upon him or 190
her under this section or who intentionally falsifies any 191
information required to be contained in a certificate of 192
enrollment, shall be guilty of contributing to the neglect of a 193
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child and, upon conviction, shall be punished in accordance with 194
Section 97-5-39. 195
Upon prosecution of a parent, guardian or custodian of a 196
compulsory-school-age child for violation of this section, the 197
presentation of evidence by the prosecutor that shows that the 198
child has not been enrolled in school within eighteen (18) 199
calendar days after the first day of the school year of the public 200
school which the child is eligible to attend, or that the child 201
has accumulated twelve (12) unlawful absences during the school 202
year at the public school in which the child has been enrolled, 203
shall establish a prima facie case that the child's parent, 204
guardian or custodian is responsible for the absences and has 205
refused or willfully failed to perform the duties imposed upon him 206
or her under this section. However, no proceedings under this 207
section shall be brought against a parent, guardian or custodian 208
of a compulsory-school-age child unless the school attendance 209
officer has contacted promptly the home of the child and has 210
provided written notice to the parent, guardian or custodian of 211
the requirement for the child's enrollment or attendance. 212
(6) If a compulsory-school-age child has not been enrolled 213
in a school within fifteen (15) calendar days after the first day 214
of the school year of the school which the child is eligible to 215
attend or the child has accumulated five (5) unlawful absences 216
during the school year of the public school in which the child is 217
enrolled, the school district superintendent, or his designee, 218
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shall report, within two (2) school days or within five (5) 219
calendar days, whichever is less, the absences to the school 220
attendance officer. The State Department of Education shall 221
prescribe a uniform method for schools to utilize in reporting the 222
unlawful absences to the school attendance officer. The 223
superintendent, or his designee, also shall report any student 224
suspensions or student expulsions to the school attendance officer 225
when they occur. 226
(7) When a school attendance officer has made all attempts 227
to secure enrollment and/or attendance of a compulsory-school-age 228
child and is unable to effect the enrollment and/or attendance, 229
the attendance officer shall file a petition with the youth court 230
under Section 43-21-451 or shall file a petition in a court of 231
competent jurisdiction as it pertains to parent or child. 232
Sheriffs, deputy sheriffs and municipal law enforcement officers 233
shall be fully authorized to investigate all cases of 234
nonattendance and unlawful absences by compulsory-school-age 235
children, and shall be authorized to file a petition with the 236
youth court under Section 43-21-451 or file a petition or 237
information in the court of competent jurisdiction as it pertains 238
to parent or child for violation of this section. The youth court 239
shall expedite a hearing to make an appropriate adjudication and a 240
disposition to ensure compliance with the Compulsory School 241
Attendance Law, and may order the child to enroll or re-enroll in 242
school. The superintendent of the school district to which the 243
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child is ordered may assign, in his discretion, the child to the 244
alternative school program of the school established pursuant to 245
Section 37-13-92. 246
(8) The State Board of Education shall adopt rules and 247
regulations for the purpose of reprimanding any school 248
superintendents who fail to timely report unexcused absences under 249
the provisions of this section. 250
(9) Notwithstanding any provision or implication herein to 251
the contrary, it is not the intention of this section to impair 252
the primary right and the obligation of the parent or parents, or 253
person or persons in loco parentis to a child, to choose the 254
proper education and training for such child, and nothing in this 255
section shall ever be construed to grant, by implication or 256
otherwise, to the State of Mississippi, any of its officers, 257
agencies or subdivisions any right or authority to control, 258
manage, supervise or make any suggestion as to the control, 259
management or supervision of any private or parochial school or 260
institution for the education or training of children, of any kind 261
whatsoever that is not a public school according to the laws of 262
this state; and this section shall never be construed so as to 263
grant, by implication or otherwise, any right or authority to any 264
state agency or other entity to control, manage, supervise, 265
provide for or affect the operation, management, program, 266
curriculum, admissions policy or discipline of any such school or 267
home instruction program. 268
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SECTION 2. Section 37-15-9, Mississippi Code of 1972, is 269
amended as follows: 270
37-15-9. (1) Except as provided in subsection (2) and 271
subject to the provisions of subsection (3) of this section, no 272
child shall be enrolled or admitted to any kindergarten which is a 273
part of a public school during any school year unless such child 274
will reach his fifth birthday on or before * * * August 1 of said 275
school year, and no child shall be enrolled or admitted to the 276
first grade in any public school during any school year unless 277
such child will reach his sixth birthday on or before * * * August 278
1 of said school year. No pupil shall be permanently enrolled in 279
a public school in the State of Mississippi who formerly was 280
enrolled in another public or private school within the state 281
until the cumulative record of the pupil shall have been received 282
from the school from which he transferred. Should such record 283
have become lost or destroyed, then it shall be the duty of the 284
superintendent or principal of the school where the pupil last 285
attended school to initiate a new record. 286
(2) Subject to the provisions of subsection (3) of this 287
section, any child who transfers from an out-of-state public or 288
private school in which that state's law provides for a 289
first-grade or kindergarten enrollment date subsequent to * * * 290
August 1, shall be allowed to enroll in the public schools of 291
Mississippi, at the same grade level as their prior out-of-state 292
enrollment, if: 293
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(a) The parent, legal guardian or custodian of such 294
child was a legal resident of the state from which the child is 295
transferring; 296
(b) The out-of-state school from which the child is 297
transferring is duly accredited by that state's appropriate 298
accrediting authority; 299
(c) Such child was legally enrolled in a public or 300
private school for a minimum of four (4) weeks in the previous 301
state; and 302
(d) The superintendent of schools in the applicable 303
Mississippi school district or the principal of a charter school, 304
as the case may be, has determined that the child was making 305
satisfactory educational progress in the previous state. 306
(3) When any child applies for admission or enrollment in 307
any public school in the state, the parent, guardian or child, in 308
the absence of an accompanying parent or guardian, shall indicate 309
on the school registration form if the enrolling child has been 310
expelled from any public or private school or is currently a party 311
to an expulsion proceeding. If it is determined from the child's 312
cumulative record or application for admission or enrollment that 313
the child has been expelled, the school district or charter school 314
may deny the student admission and enrollment until the 315
superintendent of the school, or his designee, or principal of the 316
charter school, as the case may be, has reviewed the child's 317
cumulative record and determined that the child has participated 318
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ST: Compulsory school attendance law; require
of kindergarten-age children.
in successful rehabilitative efforts including, but not limited 319
to, progress in an alternative school or similar program. If the 320
child is a party to an expulsion proceeding, the child may be 321
admitted to a public school pending final disposition of the 322
expulsion proceeding. If the expulsion proceeding results in the 323
expulsion of the child, the public school may revoke such 324
admission to school. If the child was expelled or is a party to 325
an expulsion proceeding for an act involving violence, weapons, 326
alcohol, illegal drugs or other activity that may result in 327
expulsion, the school district or charter school shall not be 328
required to grant admission or enrollment to the child before one 329
(1) calendar year after the date of the expulsion. 330
SECTION 3. This act shall take effect and be in force from 331
and after July 1, 2026. 332