Mississippi Get to School and Stay Safe Act of 2026; enact.

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To: Education;
Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Rhodes

SENATE BILL NO. 2519

AN ACT TO ENACT THE "MISSISSIPPI GET TO SCHOOL AND STAY SAFE 1
ACT OF 2026"; TO ESTABLISH A SECURE STATEWIDE ONLINE STUDENT 2
SAFETY RISK-ASSESSMENT TRACKING AND INFORMATION-SHARING SYSTEM IN 3
COORDINATION WITH THE JUVENILE COURT SYSTEM AND SCHOOL DISTRICTS; 4
TO REQUIRE TIMELY DATA ENTRY OF RISK ASSESSMENTS; TO PROVIDE 5
LIMITED ACCESS FOR PRIVACY PURPOSES; TO REQUIRE BEHAVIORAL THREAT 6
ASSESSMENT AND MANAGEMENT (BTAM) TRAINING FOR CERTAIN DISTRICT 7
LEADERSHIP; TO REQUIRE LOCAL LAW ENFORCEMENT NOTIFICATION TO A 8
JUVENILE'S SCHOOL DISTRICT OF A JUVENILE FELONY ARREST WITHIN 24 9
HOURS AND AUTHORIZE TRANSMISSION THROUGH THE SYSTEM; TO AMEND 10
SECTIONS 37-13-85, 37-13-87, 37-13-89, 37-13-91 AND 37-13-107, 11
MISSISSIPPI CODE OF 1972, TO TRANSFER EMPLOYMENT AND SUPERVISION 12
OF SCHOOL ATTENDANCE OFFICERS TO LOCAL SCHOOL DISTRICTS BUT 13
PROVIDE FOR CONTINUED STATE FUNDING; TO PROVIDE AN INCREASE OF 14
$10,000.00 IN COMPENSATION FOR SCHOOL ATTENDANCE OFFICERS; AND FOR 15
RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. This act shall be known and may be cited as the 18
"Mississippi Get to School and Stay Safe Act of 2026." 19
SECTION 2. (1) Legislative findings. The Legislature finds 20
that early identification of student risk and coordinated 21
intervention, consistent with applicable state and federal privacy 22
law, improves student safety, reduces violence, and supports 23
school attendance and student success. 24
(2) Definitions. As used in this section: 25
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(a) "Authorized district user" means only: the district 26
superintendent, assistant superintendents, and principals of a 27
school attended by the student, as designated in writing by the 28
superintendent. 29
(b) "Department" means the State Department of 30
Education. 31
(c) "Juvenile" means any student enrolled in a 32
Mississippi school who is not older than compulsory school 33
attendance age. 34
(d) "Local law enforcement" means the arresting 35
authority within the same county of the juvenile's school 36
district. 37
(e) "Portal" means the secure statewide online system 38
established under this section. 39
(f) "Portal entry designee" means a district-appointed 40
individual responsible for timely entry of required information 41
into the portal under subsection (4)(e) of this section. 42
(g) "Student safety risk assessment" means a documented 43
assessment by a school district regarding a student's behavior or 44
circumstances indicating a potential risk of harm to self or 45
others, including a threat assessment, protective risk review, or 46
comparable locally adopted process. 47
(3) Establishment; administration; coordination with courts. 48
(a) The department shall develop, house, host, maintain, and 49
administer the portal and shall be responsible for system 50
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security, uptime, user provisioning, audit logging, and technical 51
support standards. 52
(b) The department shall coordinate, by memorandum of 53
understanding (MOU) and in consultation with the Administrative 54
Office of Courts and youth court stakeholders, to enable secure 55
information exchange between school districts and the juvenile 56
court system to the extent permitted by law, court order, and 57
court rules. 58
(c) The portal must support entry of the fact that a 59
student safety risk assessment has occurred. The portal shall not 60
require entry of clinical diagnoses or detailed medical records. 61
(d) Each school district shall ensure that an entry 62
reflecting the occurrence of a student safety risk assessment is 63
entered into the portal not later than forty-eight (48) hours 64
after the district sends or refers a student for a student safety 65
risk assessment, regardless of whether the assessment is conducted 66
by district personnel or an external provider. If the 67
forty-eight-hour deadline falls on a Saturday, Sunday, or legal 68
holiday observed by the district, the entry shall be made not 69
later than the next business day. For purposes of this paragraph, 70
"business day" means a day on which the administrative offices of 71
the district are open for business. 72
(4) Limited access; privacy protections. (a) Only 73
authorized district users may access student-specific information 74
in the portal for students enrolled in the user's district. 75
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(b) The department may designate a limited number of 76
state employees as system administrators for user provisioning, 77
cybersecurity, audit, compliance, and technical support. However, 78
such administrators shall not access student-specific content 79
except as necessary to investigate a documented security or 80
integrity incident. 81
(c) Each authorized district user shall complete annual 82
training approved by the department addressing confidentiality, 83
appropriate use, and cybersecurity. 84
(d) Access shall be promptly revoked upon separation 85
from employment, reassignment, or superintendent revocation. 86
(e) Portal entry designee; backups; restricted 87
permissions. (i) Each district superintendent shall appoint one 88
(1) primary portal entry designee responsible for timely entry of 89
information required by subsection (3) of this section and shall 90
appoint not fewer than two (2) alternate designees to serve as 91
backups when the primary designee is unavailable. The designee 92
and alternates may include a counselor, principal, administrator, 93
or other district employee designated by the superintendent. 94
(ii) The portal shall support a restricted 95
"data-entry" permission level for the portal entry designee and 96
alternate designees, limited to creating and updating entries 97
required by subsection (3) of this section for students enrolled 98
in the district, and prohibiting browsing or viewing 99
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student-specific entries beyond what is necessary for completing 100
or correcting the required entry. 101
(iii) The department shall require execution of 102
user agreements for all portal users and shall maintain audit logs 103
sufficient to identify user access and edits. 104
(5) Confidentiality; nonpublic record; authorized uses. (a) 105
Information entered into or generated by the portal is 106
confidential and exempt from the Mississippi Public Records Act of 107
1983. 108
(b) Portal information shall be used only for: 109
(i) Student safety planning and coordinated 110
intervention; 111
(ii) Ensuring continuity of services when a 112
student transfers within Mississippi; 113
(iii) Coordination with youth court and service 114
providers as authorized by law; and 115
(iv) Compulsory attendance enforcement and related 116
student-support interventions. 117
(c) Unauthorized access, use, or disclosure is grounds 118
for discipline and is punishable under applicable criminal and 119
civil laws. 120
(d) Entries shall be limited to the minimum necessary 121
fields required by subsection (3) of this section and shall not 122
include detailed narrative medical or mental-health information. 123
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(6) Interagency information sharing for safety and services. 124
To the extent not prohibited by state or federal law, and subject 125
to any required court order or court rule, state and local 126
agencies and programs providing services to students, including 127
school districts, local law enforcement, youth court intake, and 128
other child-serving entities, may share records or information 129
through the portal when reasonably necessary to ensure access to 130
appropriate services for the student or to ensure the safety of 131
the student or others. The department shall promulgate minimum 132
necessary standards and role-based access controls consistent with 133
this section. 134
(7) Data quality; review and correction. (a) A parent or 135
legal guardian, or an eligible student as defined by applicable 136
federal law, may submit a written request to the district 137
superintendent for review of factual inaccuracies in portal 138
entries originating from the district. 139
(b) The superintendent shall provide a written 140
determination within thirty (30) days and shall correct or 141
annotate the record as appropriate. 142
(8) Retention and destruction. The department shall adopt a 143
retention schedule limiting retention of portal entries to the 144
minimum period needed for safety and continuity of interventions, 145
consistent with applicable law and records-management 146
requirements. 147
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(9) Reporting; audit. The department shall publish an 148
annual aggregate report to the Legislature that excludes 149
personally identifiable student information and includes 150
cybersecurity compliance and aggregate counts of risk assessments 151
documented. 152
(10) BTAM training for district leadership (training-only 153
approach). (a) The department shall develop or procure 154
Behavioral Threat Assessment and Management (BTAM) training, 155
including online modules and periodic in-person options. 156
(b) Each district superintendent, assistant 157
superintendent, and school principal shall complete BTAM training 158
within twelve (12) months of assuming the role and at least once 159
every two (2) years thereafter. 160
(c) Nothing in this section mandates a particular local 161
team composition, meeting frequency, or other operational 162
requirements beyond training. Districts may use locally adopted 163
processes consistent with department guidance. 164
(11) Juvenile felony arrest notification to school district. 165
(a) A local law enforcement agency shall notify a juvenile's 166
school district of a juvenile felony arrest within twenty-four 167
(24) hours of the arrest. 168
(b) Notification may be transmitted through the portal 169
established in this section, if available, and shall be treated as 170
confidential student safety information. 171
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SECTION 3. Section 37-13-85, Mississippi Code of 1972, is 172
amended as follows: 173
37-13-85. The Office of Compulsory School Attendance 174
Enforcement shall have the following powers and duties, in 175
addition to all others imposed or granted by law: 176
(a) To establish any policies or guidelines * * * to be 177
used by local school districts for the employment of school 178
attendance officers which serve to effectuate a uniform system of 179
enforcement under the Mississippi Compulsory School Attendance Law 180
throughout the state * * *; 181
* * * 182
( * * *b) To establish minimum standards for enrollment 183
and attendance for the state and each individual school district, 184
and to monitor the success of the state and districts in achieving 185
the required levels of performance; 186
( * * *c) To provide to school districts failing to 187
meet the established standards for enrollment and attendance 188
assistance in reducing absenteeism or the dropout rates in those 189
districts; 190
( * * *d) To establish any qualifications, in addition 191
to those required under Section 37-13-89, for school attendance 192
officers as the office deems necessary to further the purposes of 193
the Mississippi Compulsory School Attendance Law; 194
( * * *e) To develop and implement a system under which 195
school districts are required to maintain accurate records that 196
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document enrollment and attendance in such a manner that the 197
records reflect all changes in enrollment and attendance, and to 198
require school attendance officers to submit information 199
concerning public school attendance on a monthly basis to the 200
office; 201
( * * *f) To prepare the form of the certificate of 202
enrollment required under the Mississippi Compulsory School 203
Attendance Law and to furnish a sufficient number of the 204
certificates of enrollment to each school attendance officer in 205
the state; 206
( * * *g) To provide to the State Board of Education 207
statistical information concerning absenteeism, dropouts and other 208
attendance-related problems as requested by the State Board of 209
Education; 210
( * * *h) To provide for the certification of school 211
attendance officers; 212
( * * *i) To provide for a course of training and 213
education for school attendance officers, and to require 214
successful completion of the course as a prerequisite to 215
certification by the office as school attendance officers; 216
( * * *j) To adopt any guidelines or policies the 217
office deems necessary to effectuate an orderly transition from 218
the supervision of school attendance officers by * * * the State 219
Department of Education to the supervision by the local 220
school * * * district; 221
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* * * 222
( * * *k) To adopt policies or guidelines to assist 223
school districts with linking the duties of school attendance 224
officers to the appropriate courts, law enforcement agencies and 225
community service providers; * * * 226
( * * *l) To adopt any other policies or guidelines 227
that the office deems necessary for the enforcement of the 228
Mississippi Compulsory School Attendance Law; however, the 229
policies or guidelines shall not add to or contradict with the 230
requirements of Section 37-13-91 * * *; and 231
(m) To transfer all funds appropriated to the State 232
Department of Education for school attendance officers to school 233
districts on the same schedule as total funding formula 234
disbursements under Section 37-151-103. 235
SECTION 4. Section 37-13-87, Mississippi Code of 1972, is 236
amended as follows: 237
37-13-87. * * * The State Superintendent of Public Education 238
shall employ sufficient staff to provide oversight and guidance 239
for the enforcement of the Mississippi Compulsory School 240
Attendance Law * * * and shall support and provide technical 241
assistance and professional development to the school attendance 242
officers in the local school district. The * * * staff employed 243
by the State Superintendent of Public Education shall assist the 244
school attendance officers in the performance of their duties as 245
established by law or otherwise and may also perform any other 246
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duties within the Office of Compulsory School Attendance 247
Enforcement as may be assigned by the State Superintendent of 248
Public Education. Duties include, but are not limited to, the 249
implementation of proper data collection and the training of 250
school district staff. 251
* * * 252
SECTION 5. Section 37-13-89, Mississippi Code of 1972, is 253
amended as follows: 254
37-13-89. (1) (a) In each school district within the 255
state, there shall be employed the number of school attendance 256
officers determined by the local school district, in consultation 257
with the Office of Compulsory School Attendance Enforcement, to be 258
necessary to adequately enforce * * * the Mississippi Compulsory 259
School Attendance Law; however, this number shall not exceed one 260
hundred fifty-three (153) school attendance officers at any time. 261
From and after July 1, * * * 2026, all school attendance officers 262
employed pursuant to this section shall be employees of the * * * 263
school districts, which shall employ all persons employed as 264
school attendance officers by * * * the State Department of 265
Education before July 1, 2026, and shall assign them to school 266
attendance responsibilities in the school district in which they 267
were employed before July 1, * * * 2026. * * * As district 268
employees, school attendance officers shall be supervised and 269
evaluated by the district superintendent, subject to oversight by 270
the local school board. 271
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(b) If a school attendance officer employed by the 272
State Department of Education performed services in two (2) or 273
more school districts during the 2025-2026 school year, that 274
school attendance officer may continue to serve the same two (2) 275
or more districts for the 2026-2027 school year. For purposes of 276
employment, the school attendance officer shall be assigned to the 277
district with the largest student enrollment, and that district 278
shall serve as the fiscal agent, with funding shared with the 279
partnering district. Effective on July 1, 2026, if two (2) or 280
more districts fall below a certain number of students enrolled, 281
to be determined by the State Department of Education, or are 282
provided funding for only one-half (1/2) of the salary of the 283
school attendance officer, those district are authorized, in the 284
discretion of their respective local school boards, to enter into 285
an agreement for the purposes of sharing a school attendance 286
officer. The agreement shall designate the district to serve as 287
the fiscal agent, as well as the mutually agreed-upon salary for 288
the school attendance officer. The agreement shall be adopted by 289
resolution duly spread on the minutes of each school board and 290
approved by the Office of Compulsory School Attendance 291
Enforcement. 292
(2) (a) The * * * local school district shall * * * conduct 293
criminal records background checks and current child abuse 294
registry checks on all persons applying for the position of school 295
attendance officer on or after July * * * 1, 2026. The criminal 296
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records information and registry checks must be kept on file for 297
any new hires. * * * To determine an applicant's suitability for 298
employment as a school attendance officer, the applicant must be 299
fingerprinted. If no disqualifying record is identified at the 300
state level, the Department of Public Safety shall forward the 301
fingerprints to the Federal Bureau of Investigation (FBI) for a 302
national criminal history record check. The applicant shall pay 303
the fee, not to exceed Fifty Dollars ($50.00), for the 304
fingerprinting and criminal records background check; however, 305
the * * * school district, in its discretion, may pay the fee for 306
the fingerprinting and criminal records background check on behalf 307
of any applicant. Under no circumstances may a member of 308
the * * * school board, employee of the * * * school district or 309
any person other than the subject of the criminal records 310
background check disseminate information received through any such 311
checks except insofar as required to fulfill the purposes of this 312
subsection. 313
(b) If the fingerprinting or criminal records check 314
discloses a felony conviction, guilty plea or plea of nolo 315
contendere to a felony of possession or sale of drugs, murder, 316
manslaughter, armed robbery, rape, sexual battery, sex offense 317
listed in Section 45-33-23(h), child abuse, arson, grand larceny, 318
burglary, gratification of lust or aggravated assault which has 319
not been reversed on appeal or for which a pardon has not been 320
granted, the applicant is not eligible to be employed as a school 321
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attendance officer. Any employment of an applicant pending the 322
results of the fingerprinting and criminal records check is 323
voidable if the new hire receives a disqualifying criminal records 324
check. However, the * * * school board, in its discretion, may 325
allow an applicant aggrieved by an employment decision under this 326
subsection to appear before the board, or before a hearing officer 327
designated for that purpose, to show mitigating circumstances that 328
may exist and allow the new hire to be employed as a school 329
attendance officer. The * * * school board may grant waivers for 330
mitigating circumstances, which may include, but are not 331
necessarily limited to: (i) age at which the crime was committed; 332
(ii) circumstances surrounding the crime; (iii) length of time 333
since the conviction and criminal history since the conviction; 334
(iv) work history; (v) current employment and character 335
references; and (vi) other evidence demonstrating the ability of 336
the person to perform the responsibilities of a school attendance 337
officer competently and that the person does not pose a threat to 338
the health or safety of children. 339
(c) * * * No school district, district employee, member 340
of the State Board of Education or employee of a school under the 341
purview of the State * * * Board of Education * * * shall be held 342
liable in any employment discrimination suit in which an 343
allegation of discrimination is made under state law regarding an 344
employment decision authorized under this section. 345
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(3) Each school attendance officer shall possess a college 346
degree with a major in a behavioral science or a related field or 347
shall have no less than three (3) years combined actual experience 348
as a school teacher, school administrator, law enforcement officer 349
possessing such degree, and/or social worker; however, these 350
requirements shall not apply to persons employed as school 351
attendance officers before January 1, 1987. School attendance 352
officers also shall satisfy any additional requirements that may 353
be established by the State Personnel Board for the position of 354
school attendance officer. School attendance officers also shall 355
satisfy any additional requirements that may be established by the 356
hiring local school district. 357
(4) It shall be the duty of each school attendance officer 358
to: 359
(a) Cooperate with any public agency to locate and 360
identify all compulsory-school-age children who are not attending 361
school; 362
(b) Cooperate with all courts of competent 363
jurisdiction; 364
(c) Investigate all cases of nonattendance and unlawful 365
absences by compulsory-school-age children not enrolled in a 366
nonpublic school; 367
(d) Provide appropriate counseling to encourage all 368
school-age children to attend school until they have completed 369
high school; 370
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(e) Attempt to secure the provision of social or 371
welfare services that may be required to enable any child to 372
attend school; 373
(f) Contact the home or place of residence of a 374
compulsory-school-age child and any other place in which the 375
officer is likely to find any compulsory-school-age child when the 376
child is absent from school during school hours without a valid 377
written excuse from school officials, and when the child is found, 378
the officer shall notify the parents and school officials as to 379
where the child was physically located; 380
(g) Contact promptly the home of each 381
compulsory-school-age child in the school district within the 382
officer's jurisdiction who is not enrolled in school or is not in 383
attendance at public school and is without a valid written excuse 384
from school officials; if no valid reason is found for the 385
nonenrollment or absence from the school, the school attendance 386
officer shall give written notice to the parent, guardian or 387
custodian of the requirement for the child's enrollment or 388
attendance; 389
(h) Collect and maintain information concerning 390
absenteeism, dropouts and other attendance-related problems, as 391
may be required by law, the school district or the Office of 392
Compulsory School Attendance Enforcement; and 393
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(i) Perform all other duties relating to compulsory 394
school attendance established by the State Department of Education 395
or district school attendance supervisor, or both. 396
(5) While engaged in the performance of his duties, each 397
school attendance officer shall carry on his person a badge 398
identifying him as a school attendance officer * * *. Neither the 399
badge nor the identification card shall bear the name of any 400
elected public official. 401
(6) The state shall provide funding for one (1) school 402
attendance officer employed by a school district or districts for 403
every three thousand (3,000) compulsory-school-aged children, as 404
defined in Section 37-13-91(2)(f), in enrollment in the public 405
schools of the county, for the purpose of employing school 406
attendance officers as defined in Section 37-13-91(2)(g). 407
( * * *7) The State Personnel Board shall develop a salary 408
scale for school attendance officers as part of the variable 409
compensation plan. The various pay ranges of the salary scale 410
shall be based upon factors including, but not limited to, 411
education, professional certification and licensure, and number of 412
years of experience. School attendance officers shall be paid in 413
accordance with this salary scale, but school districts may pay, 414
from local funds, additional compensation above the minimum salary 415
on a schedule established by the school board. The minimum 416
salaries under the scale shall be no less than the following: 417
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(a) For school attendance officers holding a bachelor's 418
degree or any other attendance officer who does not hold such a 419
degree, the annual salary shall be based on years of experience as 420
a school attendance officer or related field of service or 421
employment, no less than as follows: 422
Years of Experience Salary 423
0 - 4 years $24,528.29 424
5 - 8 years 26,485.29 425
9 - 12 years 28,050.89 426
13 - 16 years 29,616.49 427
Over 17 years 31,182.09 428
(b) For school attendance officers holding a license as 429
a social worker, the annual salary shall be based on years of 430
experience as a school attendance officer or related field of 431
service or employment, no less than as follows: 432
Years of Experience Salary 433
0 - 4 years $25,558.29 434
5 - 8 years 27,927.29 435
9 - 12 years 29,822.49 436
13 - 16 years 31,717.69 437
17 - 20 years 33,612.89 438
Over 21 years 35,415.39 439
(c) For school attendance officers holding a master's 440
degree in a behavioral science or a related field, the annual 441
salary shall be based on years of experience as a school 442
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attendance officer or related field of service or employment, no 443
less than as follows: 444
Years of Experience Salary 445
0 - 4 years $26,382.29 446
5 - 8 years 29,008.79 447
9 - 12 years 31,109.99 448
13 - 16 years 33,211.19 449
17 - 20 years 35,312.39 450
Over 21 years 37,413.59 451
(d) From and after July 1, 2026, each school attendance 452
officer shall receive an annual salary supplement in the amount of 453
Ten Thousand Dollars ($10,000.00). The State Personnel Board 454
shall adjust its salary scale for school attendance officers to 455
reflect the supplement for purposes of minimum funding and 456
uniformity. 457
( * * *8) * * * Each school attendance officer employed by 458
the State Department of Education on June 30, 2026, shall be 459
transferred from state services under the authority of the State 460
Personnel Board to employment status as an employee of his or her 461
respective school district of assignment. Each school attendance 462
officer shall have a work location within the school district 463
served. Each school attendance officer who became an employee of 464
the school district on July 1, 2026, shall have no interruption of 465
service with the Public Employees' Retirement System and the State 466
and School Employees' Health Insurance Plan. Any unused leave 467
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accumulated in state-service employment with the State Department 468
of Education shall be transferred in accordance with Section 469
37-7-307, unless otherwise provided. 470
( * * *9) * * * School attendance officers shall maintain 471
regular office hours on a year-round basis, as determined by the 472
school district of employment; however, during the school term, on 473
those days that teachers in all of the school districts served by 474
a school attendance officer are not required to report to work, 475
the school attendance officer also shall not be required to report 476
to work. (For purposes of this subsection, a school district's 477
school term is that period of time identified as the school term 478
in contracts entered into by the district with licensed 479
personnel.) A school attendance officer shall be required to 480
report to work on any day recognized as an official state holiday 481
if teachers in any school district served by that school 482
attendance officer are required to report to work on that 483
day * * *. 484
* * * 485
( * * *10) The State Department of Education shall provide 486
all continuing education and training courses that school 487
attendance officers are required to complete under state law or 488
rules and regulations of the department. 489
SECTION 6. Section 37-13-91, Mississippi Code of 1972, is 490
amended as follows: 491
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37-13-91. (1) This section shall be referred to as the 492
"Mississippi Compulsory School Attendance Law." 493
(2) The following terms as used in this section are defined 494
as follows: 495
(a) "Parent" means the father or mother to whom a child 496
has been born, or the father or mother by whom a child has been 497
legally adopted. 498
(b) "Guardian" means a guardian of the person of a 499
child, other than a parent, who is legally appointed by a court of 500
competent jurisdiction. 501
(c) "Custodian" means any person having the present 502
care or custody of a child, other than a parent or guardian of the 503
child. 504
(d) "School day" means not less than five and one-half 505
(5-1/2) and not more than eight (8) hours of actual teaching in 506
which both teachers and pupils are in regular attendance for 507
scheduled schoolwork. 508
(e) "School" means any public school, including a 509
charter school, in this state or any nonpublic school in this 510
state which is in session each school year for at least one 511
hundred eighty (180) school days, except that the "nonpublic" 512
school term shall be the number of days that each school shall 513
require for promotion from grade to grade. 514
(f) "Compulsory-school-age child" means a child who has 515
attained or will attain the age of six (6) years on or before 516
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September 1 of the calendar year and who has not attained the age 517
of seventeen (17) years on or before September 1 of the calendar 518
year; and shall include any child who has attained or will attain 519
the age of five (5) years on or before September 1 and has 520
enrolled in a full-day public school kindergarten program. 521
(g) "School attendance officer" means a person employed 522
by * * * a local school district. 523
(h) "Appropriate school official" means the 524
superintendent of the school district, or his designee, or, in the 525
case of a nonpublic school, the principal or the headmaster. 526
(i) "Nonpublic school" means an institution for the 527
teaching of children, consisting of a physical plant, whether 528
owned or leased, including a home, instructional staff members and 529
students, and which is in session each school year. This 530
definition shall include, but not be limited to, private, church, 531
parochial and home instruction programs. 532
(3) A parent, guardian or custodian of a 533
compulsory-school-age child in this state shall cause the child to 534
enroll in and attend a public school or legitimate nonpublic 535
school for the period of time that the child is of compulsory 536
school age, except under the following circumstances: 537
(a) When a compulsory-school-age child is physically, 538
mentally or emotionally incapable of attending school as 539
determined by the appropriate school official based upon 540
sufficient medical documentation. 541
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(b) When a compulsory-school-age child is enrolled in 542
and pursuing a course of special education, remedial education or 543
education for children with physical or mental disadvantages or 544
disabilities. 545
(c) When a compulsory-school-age child is being 546
educated in a legitimate home instruction program. 547
The parent, guardian or custodian of a compulsory-school-age 548
child described in this subsection, or the parent, guardian or 549
custodian of a compulsory-school-age child attending any charter 550
school or nonpublic school, or the appropriate school official for 551
any or all children attending a charter school or nonpublic school 552
shall complete a "certificate of enrollment" in order to 553
facilitate the administration of this section. 554
The form of the certificate of enrollment shall be prepared 555
by the Office of Compulsory School Attendance Enforcement of the 556
State Department of Education and shall be designed to obtain the 557
following information only: 558
(i) The name, address, telephone number and date 559
of birth of the compulsory-school-age child; 560
(ii) The name, address and telephone number of the 561
parent, guardian or custodian of the compulsory-school-age child; 562
(iii) A simple description of the type of 563
education the compulsory-school-age child is receiving and, if the 564
child is enrolled in a nonpublic school, the name and address of 565
the school; and 566
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(iv) The signature of the parent, guardian or 567
custodian of the compulsory-school-age child or, for any or all 568
compulsory-school-age child or children attending a charter school 569
or nonpublic school, the signature of the appropriate school 570
official and the date signed. 571
The certificate of enrollment shall be returned to the school 572
attendance officer that serves the school district where the child 573
resides on or before September 15 of each year. Any parent, 574
guardian or custodian found by the school attendance officer to be 575
in noncompliance with this section shall comply, after written 576
notice of the noncompliance by the school attendance officer, with 577
this subsection within ten (10) days after the notice or be in 578
violation of this section. However, in the event the child has 579
been enrolled in a public school within fifteen (15) calendar days 580
after the first day of the school year as required in subsection 581
(6), the parent or custodian may, at a later date, enroll the 582
child in a legitimate nonpublic school or legitimate home 583
instruction program and send the certificate of enrollment to the 584
school attendance officer and be in compliance with this 585
subsection. 586
For the purposes of this subsection, a legitimate nonpublic 587
school or legitimate home instruction program shall be those not 588
operated or instituted for the purpose of avoiding or 589
circumventing the compulsory attendance law. 590
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(4) An "unlawful absence" is an absence for an entire school 591
day or during part of a school day by a compulsory-school-age 592
child, which absence is not due to a valid excuse for temporary 593
nonattendance. For purposes of reporting absenteeism under 594
subsection (6) of this section, if a compulsory-school-age child 595
has an absence that is more than thirty-seven percent (37%) of the 596
instructional day, as fixed by the school board for the school at 597
which the compulsory-school-age child is enrolled, the child must 598
be considered absent the entire school day. Days missed from 599
school due to disciplinary suspension shall not be considered an 600
"excused" absence under this section. This subsection shall not 601
apply to children enrolled in a nonpublic school. 602
Each of the following shall constitute a valid excuse for 603
temporary nonattendance of a compulsory-school-age child enrolled 604
in a noncharter public school, provided satisfactory evidence of 605
the excuse is provided to the superintendent of the school 606
district, or his designee: 607
(a) An absence is excused when the absence results from 608
the compulsory-school-age child's attendance at an authorized 609
school activity with the prior approval of the superintendent of 610
the school district, or his designee. These activities may 611
include field trips, athletic contests, student conventions, 612
musical festivals and any similar activity. 613
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(b) An absence is excused when the absence results from 614
illness or injury which prevents the compulsory-school-age child 615
from being physically able to attend school. 616
(c) An absence is excused when isolation of a 617
compulsory-school-age child is ordered by the county health 618
officer, by the State Board of Health or appropriate school 619
official. 620
(d) An absence is excused when it results from the 621
death or serious illness of a member of the immediate family of a 622
compulsory-school-age child. The immediate family members of a 623
compulsory-school-age child shall include children, spouse, 624
grandparents, parents, brothers and sisters, including 625
stepbrothers and stepsisters. 626
(e) An absence is excused when it results from a 627
medical or dental appointment of a compulsory-school-age child. 628
(f) An absence is excused when it results from the 629
attendance of a compulsory-school-age child at the proceedings of 630
a court or an administrative tribunal if the child is a party to 631
the action or under subpoena as a witness. 632
(g) An absence may be excused if the religion to which 633
the compulsory-school-age child or the child's parents adheres, 634
requires or suggests the observance of a religious event. The 635
approval of the absence is within the discretion of the 636
superintendent of the school district, or his designee, but 637
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approval should be granted unless the religion's observance is of 638
such duration as to interfere with the education of the child. 639
(h) An absence may be excused when it is demonstrated 640
to the satisfaction of the superintendent of the school district, 641
or his designee, that the purpose of the absence is to take 642
advantage of a valid educational opportunity such as travel, 643
including vacations or other family travel. Approval of the 644
absence must be gained from the superintendent of the school 645
district, or his designee, before the absence, but the approval 646
shall not be unreasonably withheld. 647
(i) An absence may be excused when it is demonstrated 648
to the satisfaction of the superintendent of the school district, 649
or his designee, that conditions are sufficient to warrant the 650
compulsory-school-age child's nonattendance. However, no absences 651
shall be excused by the school district superintendent, or his 652
designee, when any student suspensions or expulsions circumvent 653
the intent and spirit of the compulsory attendance law. 654
(j) An absence is excused when it results from the 655
attendance of a compulsory school age child participating in 656
official organized events sponsored by the 4 H or Future Farmers 657
of America (FFA). The excuse for the 4 H or FFA event must be 658
provided in writing to the appropriate school superintendent by 659
the Extension Agent or High School Agricultural Instructor/FFA 660
Advisor. 661
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(k) An absence is excused when it results from the 662
compulsory-school-age child officially being employed to serve as 663
a page at the State Capitol for the Mississippi House of 664
Representatives or Senate. 665
(5) Any parent, guardian or custodian of a 666
compulsory-school-age child subject to this section who refuses or 667
willfully fails to perform any of the duties imposed upon him or 668
her under this section or who intentionally falsifies any 669
information required to be contained in a certificate of 670
enrollment, shall be guilty of contributing to the neglect of a 671
child and, upon conviction, shall be punished in accordance with 672
Section 97-5-39. 673
Upon prosecution of a parent, guardian or custodian of a 674
compulsory-school-age child for violation of this section, the 675
presentation of evidence by the prosecutor that shows that the 676
child has not been enrolled in school within eighteen (18) 677
calendar days after the first day of the school year of the public 678
school which the child is eligible to attend, or that the child 679
has accumulated twelve (12) unlawful absences during the school 680
year at the public school in which the child has been enrolled, 681
shall establish a prima facie case that the child's parent, 682
guardian or custodian is responsible for the absences and has 683
refused or willfully failed to perform the duties imposed upon him 684
or her under this section. However, no proceedings under this 685
section shall be brought against a parent, guardian or custodian 686
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of a compulsory-school-age child unless the school attendance 687
officer has contacted promptly the home of the child and has 688
provided written notice to the parent, guardian or custodian of 689
the requirement for the child's enrollment or attendance. 690
(6) If a compulsory-school-age child has not been enrolled 691
in a school within fifteen (15) calendar days after the first day 692
of the school year of the school which the child is eligible to 693
attend or the child has accumulated five (5) unlawful absences 694
during the school year of the public school in which the child is 695
enrolled, the school district superintendent, or his designee, 696
shall report, within two (2) school days or within five (5) 697
calendar days, whichever is less, the absences to the school 698
attendance officer. The * * * school district shall prescribe a 699
uniform method for schools to utilize in reporting the unlawful 700
absences to the school attendance officer. The superintendent, or 701
his designee, also shall report any student suspensions or student 702
expulsions to the school attendance officer when they occur. 703
(7) When a school attendance officer has made all attempts 704
to secure enrollment and/or attendance of a compulsory-school-age 705
child and is unable to effect the enrollment and/or attendance, 706
the attendance officer shall file a petition with the youth court 707
under Section 43-21-451 or shall file a petition in a court of 708
competent jurisdiction as it pertains to parent or child. 709
Sheriffs, deputy sheriffs and municipal law enforcement officers 710
shall be fully authorized to investigate all cases of 711
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nonattendance and unlawful absences by compulsory-school-age 712
children, and shall be authorized to file a petition with the 713
youth court under Section 43-21-451 or file a petition or 714
information in the court of competent jurisdiction as it pertains 715
to parent or child for violation of this section. The youth court 716
shall expedite a hearing to make an appropriate adjudication and a 717
disposition to ensure compliance with the Compulsory School 718
Attendance Law, and may order the child to enroll or re-enroll in 719
school. The superintendent of the school district to which the 720
child is ordered may assign, in his discretion, the child to the 721
alternative school program of the school established pursuant to 722
Section 37-13-92. 723
(8) The State Board of Education shall adopt rules and 724
regulations for the purpose of reprimanding any school 725
superintendents who fail to timely report unexcused absences under 726
the provisions of this section. 727
(9) Notwithstanding any provision or implication herein to 728
the contrary, it is not the intention of this section to impair 729
the primary right and the obligation of the parent or parents, or 730
person or persons in loco parentis to a child, to choose the 731
proper education and training for such child, and nothing in this 732
section shall ever be construed to grant, by implication or 733
otherwise, to the State of Mississippi, * * * school attendance 734
officers, agencies or subdivisions any right or authority to 735
control, manage, supervise or make any suggestion as to the 736
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control, management or supervision of any private or parochial 737
school or institution for the education or training of children, 738
of any kind whatsoever that is not a public school according to 739
the laws of this state; and this section shall never be construed 740
so as to grant, by implication or otherwise, any right or 741
authority to any state agency or other entity to control, manage, 742
supervise, provide for or affect the operation, management, 743
program, curriculum, admissions policy or discipline of any such 744
school or home instruction program. 745
SECTION 7. Section 37-13-107, Mississippi Code of 1972, is 746
amended as follows: 747
37-13-107. (1) Every school attendance officer shall be 748
required annually to attend and complete a comprehensive course of 749
training and education which is provided or approved by the Office 750
of Compulsory School Attendance Enforcement of the State 751
Department of Education. Attendance shall be required beginning 752
with the first training seminar conducted after the school 753
attendance officer is employed as a school attendance officer. 754
(2) The Office of Compulsory School Attendance Enforcement 755
shall provide or approve a course of training and education for 756
school attendance officers of the state. The course shall consist 757
of at least twelve (12) hours of training per year. The content 758
of the course of training and when and where it is to be conducted 759
shall be approved by the office. A certificate of completion 760
shall be furnished by the State Department of Education to those 761
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ST: Mississippi Get to School and Stay Safe Act
of 2026; enact.
school attendance officers who complete the course. Each 762
certificate shall be made a permanent record of the * * * local 763
school district where the school attendance officer is employed. 764
(3) Upon the failure of any person employed as a school 765
attendance officer to receive the certificate of completion from 766
the State Department of Education within the first year of his 767
employment, the person shall not be allowed to carry out any of 768
the duties of a school attendance officer and shall not be 769
entitled to compensation for the period of time during which the 770
certificate has not been obtained. 771
SECTION 8. This act shall take effect and be in force from 772
and after July 1, 2026. 773