Mississippi Compulsory School Attendance Law; revise standards and procedures to include disability assessment.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hickman

SENATE BILL NO. 2506

AN ACT TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, 1
TO REVISE TRUANCY PROCEEDINGS TO PROVIDE A STAY IN ORDER TO 2
DETERMINE DISABILITY UNDER THE FEDERAL INDIVIDUALS WITH 3
DISABILITIES IN EDUCATION ACT (IDEA) AND § 504 OF THE FEDERAL 4
REHABILITATION ACT OF 1973; TO DIRECT THE STATE BOARD OF EDUCATION 5
TO REQUIRE THE IMPLEMENTATION OF EVIDENCE-BASED PROCEDURES 6
ENCOURAGING EFFECTIVE INTERVENTIONS FOR CHRONIC ABSENTEEISM; TO 7
DIRECT THE STATE BOARD OF EDUCATION TO REQUIRE ALL SCHOOL 8
ATTENDANCE OFFICERS TO COMPLETE MANDATORY LEGAL TRAINING FOR THE 9
IDEA AND § 504 SPONSORED BY THE MISSISSIPPI DEPARTMENT OF 10
EDUCATION OFFICE OF SPECIAL EDUCATION; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 37-13-91, Mississippi Code of 1972, is 13
amended as follows: 14
37-13-91. (1) This section shall be referred to as the 15
"Mississippi Compulsory School Attendance Law." 16
(2) The following terms as used in this section are defined 17
as follows: 18
(a) "Parent" means the father or mother to whom a child 19
has been born, or the father or mother by whom a child has been 20
legally adopted. 21
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(b) "Guardian" means a guardian of the person of a 22
child, other than a parent, who is legally appointed by a court of 23
competent jurisdiction. 24
(c) "Custodian" means any person having the present 25
care or custody of a child, other than a parent or guardian of the 26
child. 27
(d) "School day" means not less than five and one-half 28
(5-1/2) and not more than eight (8) hours of actual teaching in 29
which both teachers and pupils are in regular attendance for 30
scheduled schoolwork. 31
(e) "School" means any public school, including a 32
charter school, in this state or any nonpublic school in this 33
state which is in session each school year for at least one 34
hundred eighty (180) school days, except that the "nonpublic" 35
school term shall be the number of days that each school shall 36
require for promotion from grade to grade. 37
(f) "Compulsory-school-age child" means a child who has 38
attained or will attain the age of six (6) years on or before 39
September 1 of the calendar year and who has not attained the age 40
of seventeen (17) years on or before September 1 of the calendar 41
year; and shall include any child who has attained or will attain 42
the age of five (5) years on or before September 1 and has 43
enrolled in a full-day public school kindergarten program. 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
(j) "IDEA" means the federal Individuals with 56
Disabilities in Education Act. 57
(k) "§ 504" means Section 504 of the federal 58
Rehabilitation Act of 1973. 59
(l) "MET" means a Multidisciplinary Evaluation Team 60
consisting of a student's parent or guardian, school counselor, 61
teachers, and a psychologist or behavioral specialist. 62
(3) A parent, guardian or custodian of a 63
compulsory-school-age child in this state shall cause the child to 64
enroll in and attend a public school or legitimate nonpublic 65
school for the period of time that the child is of compulsory 66
school age, except under the following circumstances: 67
(a) When a compulsory-school-age child is physically, 68
mentally or emotionally incapable of attending school as 69
determined by the appropriate school official based upon 70
sufficient medical documentation. 71
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(b) When a compulsory-school-age child is enrolled in 72
and pursuing a course of special education, remedial education or 73
education for children with physical or mental disadvantages or 74
disabilities. 75
(c) When a compulsory-school-age child is being 76
educated in a legitimate home instruction program. 77
The parent, guardian or custodian of a compulsory-school-age 78
child described in this subsection, or the parent, guardian or 79
custodian of a compulsory-school-age child attending any charter 80
school or nonpublic school, or the appropriate school official for 81
any or all children attending a charter school or nonpublic school 82
shall complete a "certificate of enrollment" in order to 83
facilitate the administration of this section. 84
The form of the certificate of enrollment shall be prepared 85
by the Office of Compulsory School Attendance Enforcement of the 86
State Department of Education and shall be designed to obtain the 87
following information only: 88
(i) The name, address, telephone number and date 89
of birth of the compulsory-school-age child; 90
(ii) The name, address and telephone number of the 91
parent, guardian or custodian of the compulsory-school-age child; 92
(iii) A simple description of the type of 93
education the compulsory-school-age child is receiving and, if the 94
child is enrolled in a nonpublic school, the name and address of 95
the school; and 96
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(iv) The signature of the parent, guardian or 97
custodian of the compulsory-school-age child or, for any or all 98
compulsory-school-age child or children attending a charter school 99
or nonpublic school, the signature of the appropriate school 100
official and the date signed. 101
The certificate of enrollment shall be returned to the school 102
attendance officer where the child resides on or before September 103
15 of each year. Any parent, guardian or custodian found by the 104
school attendance officer to be in noncompliance with this section 105
shall comply, after written notice of the noncompliance by the 106
school attendance officer, with this subsection within ten (10) 107
days after the notice or be in violation of this section. 108
However, in the event the child has been enrolled in a public 109
school within fifteen (15) calendar days after the first day of 110
the school year as required in subsection (6), the parent or 111
custodian may, at a later date, enroll the child in a legitimate 112
nonpublic school or legitimate home instruction program and send 113
the certificate of enrollment to the school attendance officer and 114
be in compliance with this subsection. 115
For the purposes of this subsection, a legitimate nonpublic 116
school or legitimate home instruction program shall be those not 117
operated or instituted for the purpose of avoiding or 118
circumventing the compulsory attendance law. 119
(4) An "unlawful absence" is an absence for an entire school 120
day or during part of a school day by a compulsory-school-age 121
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child, which absence is not due to a valid excuse for temporary 122
nonattendance. For purposes of reporting absenteeism under 123
subsection (6) of this section, if a compulsory-school-age child 124
has an absence that is more than thirty-seven percent (37%) of the 125
instructional day, as fixed by the school board for the school at 126
which the compulsory-school-age child is enrolled, the child must 127
be considered absent the entire school day. Days missed from 128
school due to disciplinary suspension shall not be considered an 129
"excused" absence under this section. This subsection shall not 130
apply to children enrolled in a nonpublic school. 131
Each of the following shall constitute a valid excuse for 132
temporary nonattendance of a compulsory-school-age child enrolled 133
in a noncharter public school, provided satisfactory evidence of 134
the excuse is provided to the superintendent of the school 135
district, or his designee: 136
(a) An absence is excused when the absence results from 137
the compulsory-school-age child's attendance at an authorized 138
school activity with the prior approval of the superintendent of 139
the school district, or his designee. These activities may 140
include field trips, athletic contests, student conventions, 141
musical festivals and any similar activity. 142
(b) An absence is excused when the absence results from 143
illness or injury which prevents the compulsory-school-age child 144
from being physically able to attend school. 145
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(c) An absence is excused when isolation of a 146
compulsory-school-age child is ordered by the county health 147
officer, by the State Board of Health or appropriate school 148
official. 149
(d) An absence is excused when it results from the 150
death or serious illness of a member of the immediate family of a 151
compulsory-school-age child. The immediate family members of a 152
compulsory-school-age child shall include children, spouse, 153
grandparents, parents, brothers and sisters, including 154
stepbrothers and stepsisters. 155
(e) An absence is excused when it results from a 156
medical or dental appointment of a compulsory-school-age child 157
seeking an excused absence. 158
(f) An absence is excused when it results from the 159
attendance of a compulsory-school-age child at the proceedings of 160
a court or an administrative tribunal if the child is a party to 161
the action or under subpoena as a witness. 162
(g) An absence may be excused if the religion to which 163
the compulsory-school-age child or the child's parents adheres, 164
requires or suggests the observance of a religious event. The 165
approval of the absence is within the discretion of the 166
superintendent of the school district, or his designee, but 167
approval should be granted unless the religion's observance is of 168
such duration as to interfere with the education of the child. 169
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(h) 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 the purpose of the absence is to take 172
advantage of a valid educational opportunity such as travel, 173
including vacations or other family travel. Approval of the 174
absence must be gained from the superintendent of the school 175
district, or his designee, before the absence, but the approval 176
shall not be unreasonably withheld. 177
(i) An absence may be excused when it is demonstrated 178
to the satisfaction of the superintendent of the school district, 179
or his designee, that conditions are sufficient to warrant the 180
compulsory-school-age child's nonattendance. However, no absences 181
shall be excused by the school district superintendent, or his 182
designee, when any student suspensions or expulsions circumvent 183
the intent and spirit of the compulsory attendance law. 184
(j) An absence is excused when it results from the 185
attendance of a compulsory school age child participating in 186
official organized events sponsored by the 4-H or Future Farmers 187
of America (FFA). The excuse for the 4-H or FFA event must be 188
provided in writing to the appropriate school superintendent by 189
the Extension Agent or High School Agricultural Instructor/FFA 190
Advisor. 191
(k) An absence is excused when it results from the 192
compulsory-school-age child officially being employed to serve as 193
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a page at the State Capitol for the Mississippi House of 194
Representatives or Senate. 195
(l) An absence is excused when it results from the 196
child's disability under the IDEA or § 504, or outside treatment 197
for the child's disability under the IDEA or § 504. A child with 198
a disability is defined in 20 USC § 1401(3) and Mississippi State 199
Board Policy § 300.8. 200
(5) Any parent, guardian or custodian of a 201
compulsory-school-age child subject to this section who refuses or 202
willfully fails to perform any of the duties imposed upon him or 203
her under this section or who intentionally falsifies any 204
information required to be contained in a certificate of 205
enrollment, shall be guilty of contributing to the neglect of a 206
child and, upon conviction, shall be punished in accordance with 207
Section 97-5-39. 208
Upon prosecution of a parent, guardian or custodian of a 209
compulsory-school-age child for violation of this section, the 210
presentation of evidence by the prosecutor that shows that the 211
child has not been enrolled in school within eighteen (18) 212
calendar days after the first day of the school year of the public 213
school which the child is eligible to attend, or that the child 214
has accumulated twelve (12) unlawful absences during the school 215
year at the public school in which the child has been enrolled, 216
shall establish a prima facie case that the child's parent, 217
guardian or custodian is responsible for the absences and has 218
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refused or willfully failed to perform the duties imposed upon him 219
or her under this section. However, no proceedings under this 220
section shall be brought against a parent, guardian or custodian 221
of a compulsory-school-age child if such absences are the result 222
of a disability under the IDEA or § 504. A stay on truancy 223
proceedings shall be implemented to determine whether the absences 224
may be the result of a disability under the IDEA, and the school 225
district shall be considered "on notice" that the child might have 226
a disability. The school shall initiate child-find processes 227
under the IDEA to identify, locate and evaluate the minor child to 228
determine whether the child has a disability and is entitled to 229
special education services under the IDEA or under a 504 Plan 230
pursuant to the Rehabilitation Act of 1973 for that disability. 231
An MET would have to be convened to determine whether the student 232
requires a comprehensive evaluation or reevaluation for students 233
already receiving services under the IDEA or § 504 to determine 234
eligibility for special education services under the IDEA. Any 235
student not qualifying for special education services under the 236
IDEA must be considered for eligibility under a 504 Plan. If the 237
absence is a result of a disability under the IDEA or § 504, then 238
the absence shall be excused under subsection 4(l) of this 239
section, and all truancy proceedings shall be dismissed. If the 240
absence is not the result of a disability as defined under the 241
IDEA or § 504, then no proceedings under this section shall be 242
brought against a parent, guardian or custodian of a 243
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compulsory-school-age child, unless the school attendance officer 244
has contacted promptly the home of the child and has provided 245
written notice to the parent, guardian or custodian of the 246
requirement for the child's enrollment or attendance. 247
(6) If a compulsory-school-age child has not been enrolled 248
in a school within fifteen (15) calendar days after the first day 249
of the school year of the school which the child is eligible to 250
attend or the child has accumulated five (5) unlawful absences 251
during the school year of the public school in which the child is 252
enrolled, the school district superintendent, or his designee, 253
shall report, within two (2) school days or within five (5) 254
calendar days, whichever is less, the absences to the school 255
attendance officer. The State Department of Education shall 256
prescribe a uniform method for schools to utilize in reporting the 257
unlawful absences to the school attendance officer. The 258
superintendent, or his designee, also shall report any student 259
suspensions or student expulsions to the school attendance officer 260
when they occur. 261
(7) When a school attendance officer has made all attempts 262
to secure enrollment and/or attendance of a compulsory-school-age 263
child and is unable to effect the enrollment and/or attendance, 264
the attendance officer shall file a petition with the youth court 265
under Section 43-21-451 or shall file a petition in a court of 266
competent jurisdiction as it pertains to parent or child. 267
Sheriffs, deputy sheriffs and municipal law enforcement officers 268
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shall be fully authorized to investigate all cases of 269
nonattendance and unlawful absences by compulsory-school-age 270
children, and shall be authorized to file a petition with the 271
youth court under Section 43-21-451 or file a petition or 272
information in the court of competent jurisdiction as it pertains 273
to parent or child for violation of this section. The youth court 274
shall expedite a hearing to make an appropriate adjudication and a 275
disposition to ensure compliance with the Compulsory School 276
Attendance Law, and may order the child to enroll or re-enroll in 277
school. The superintendent of the school district to which the 278
child is ordered may assign, in his discretion, the child to the 279
alternative school program of the school established pursuant to 280
Section 37-13-92. 281
(8) The State Board of Education shall adopt rules and 282
regulations for the purpose of reprimanding any school 283
superintendents who fail to timely report unexcused absences under 284
the provisions of this section. 285
(9) The State Board of Education shall adopt rules and 286
regulations requiring the implementation of evidence-based 287
procedures encouraging effective interventions for assisting 288
individual students who are vulnerable to chronic absences and, as 289
necessary, schools and districts with high rates of chronic 290
absenteeism. 291
(10) The State Board of Education shall adopt rules and 292
regulations requiring all school attendance officers to complete 293
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mandatory legal training for the IDEA and § 504 sponsored by the 294
Mississippi Department of Education Office of Special Education. 295
This training shall be designed to enable school attendance 296
officers to understand the legal rights of children with 297
disabilities under the IDEA or § 504. It shall also train school 298
attendance officers on the proper policies, procedures and 299
requirements for reporting a child with a potential disability to 300
the school district so that the district can properly locate, 301
identify and possibly evaluate that child in compliance with its 302
legal duty of child find based on federal and state IDEA 303
regulations. 304
( * * *11) Notwithstanding any provision or implication 305
herein to the contrary, it is not the intention of this section to 306
impair the primary right and the obligation of the parent or 307
parents, or person or persons in loco parentis to a child, to 308
choose the proper education and training for such child, and 309
nothing in this section shall ever be construed to grant, by 310
implication or otherwise, to the State of Mississippi, any of its 311
officers, agencies or subdivisions any right or authority to 312
control, manage, supervise or make any suggestion as to the 313
control, management or supervision of any private or parochial 314
school or institution for the education or training of children, 315
of any kind whatsoever that is not a public school according to 316
the laws of this state; and this section shall never be construed 317
so as to grant, by implication or otherwise, any right or 318
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ST: Mississippi Compulsory School Attendance
Law; revise standards and procedures to include
disability assessment.
authority to any state agency or other entity to control, manage, 319
supervise, provide for or affect the operation, management, 320
program, curriculum, admissions policy or discipline of any such 321
school or home instruction program. 322
SECTION 2. This act shall take effect and be in force from 323
and after July 1, 2026. 324