MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education; Appropriations

By: Representative Clarke

House Bill 219

AN ACT TO PROVIDE FOR THE ADMINISTRATION OF A STATEWIDE SYSTEM OF ENFORCEMENT OF THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW BY THE STATE DEPARTMENT OF EDUCATION; TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL EMPLOY AND SUPERVISE SCHOOL ATTENDANCE OFFICERS; TO PRESCRIBE THE POWERS AND DUTIES OF THE DEPARTMENT PERTAINING TO THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW; TO PROVIDE THAT THE STATE SHALL EMPLOY FOR EACH SCHOOL DISTRICT THE NUMBER OF SCHOOL ATTENDANCE OFFICERS DETERMINED BY THE DEPARTMENT TO BE NECESSARY TO ENFORCE THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW; TO SPECIFY THAT SCHOOL ATTENDANCE OFFICERS SHALL BE STATE EMPLOYEES; TO PRESCRIBE THE DUTIES OF SCHOOL ATTENDANCE OFFICERS; TO PRESCRIBE THE DUTIES OF LOCAL SCHOOL BOARDS PERTAINING TO THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW; TO REQUIRE THE STATE BOARD OF EDUCATION, THROUGH THE COMMISSION ON SCHOOL ACCREDITATION, TO REPORT TO THE HOUSE AND SENATE EDUCATION COMMITTEES ON THE FEASIBILITY OF INCORPORATING ATTENDANCE REQUIREMENTS IN THE PERFORMANCE-BASED ACCREDITATION SYSTEM; TO AMEND SECTIONS 37-13-91 AND 37-13-107, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 37-3-53, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI REPORT CARD, AS PUBLISHED BY THE STATE BOARD OF EDUCATION, TO INCLUDE DATA ON ABSENTEEISM AND DROPOUT RATES FOR THE STATE AND EACH SCHOOL DISTRICT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The State Department of Education shall be responsible for the administration of a statewide system of enforcement of the Mississippi Compulsory School Attendance Law (Section 37-13-91). The department shall employ and supervise school attendance officers for each school district in accordance with state law and any rules and regulations that may be adopted by the State Board of Education.

SECTION 2. The State Department of Education shall have the following powers and duties, in addition to all others imposed or granted by law, in the enforcement of the Mississippi Compulsory School Attendance Law:

(a) To establish policies or guidelines concerning school attendance officers which serve to effectuate a uniform system of enforcement under the Mississippi Compulsory School Attendance Law throughout the state, and to designate the number of school attendance officers which shall be employed by the state for each school district;

(b) To establish minimum standards for enrollment and attendance for the state and each individual school district, and to monitor the success of the state and districts in achieving the required levels of performance;

(c) To provide, to school districts failing to meet the established standards for enrollment and attendance, technical assistance in reducing absenteeism or dropout rates, or both, in those districts;

(d) To establish qualifications, in addition to those required under Section 3 of this act, for school attendance officers as the department deems necessary to further the purposes of the Mississippi Compulsory School Attendance Law;

(e) To develop and implement a system under which school districts are required to maintain accurate records that document enrollment and attendance in such a manner that the records reflect all changes in enrollment and attendance, and to require school districts to submit information concerning public school attendance on a monthly basis to the department;

(f) To develop the form of the certificate of enrollment required under the Mississippi Compulsory School Attendance Law and to furnish a sufficient number of the certificates of enrollment to each school district for the school attendance officers working in that district;

(g) To publish a statewide report each year on the enforcement efforts under the Mississippi Compulsory School Attendance Law in each school district. The report shall include: figures reflecting school attendance violations and reductions or increases in school dropout rates; information describing attendance-related problems and proposed solutions for those problems; and any other information that the department deems appropriate. The report shall be submitted to the State Board of Education and the Education Committees of the Senate and House of Representatives before the first day of July each year for the immediately preceding school year;

(h) To provide for the certification of school attendance officers;

(i) To designate a course of training and education for school attendance officers, and to require successful completion of the course as a prerequisite to certification by the department as school attendance officers;

(j) To adopt any guidelines or policies the department deems necessary to effectuate an orderly transition from the supervision of school attendance officers by district attorneys to supervision by the department;

(k) From July 1, 1997, to June 30, 1998, to grant a hiring preference to persons employed before July 1, 1997, as school attendance officers if those persons meet the minimum training, education and certification requirements for school attendance officers, as established in House Bill No. _____, 1997 Regular Session, over general public applicants;

(l) To adopt policies or guidelines linking the duties of school attendance officers to the appropriate courts, law enforcement agencies and community service providers; and

(m) To adopt any other policies or guidelines that the department deems necessary for the enforcement of the Mississippi Compulsory School Attendance Law.

SECTION 3. (1) For each school district, there shall be employed by the State Department of Education the number of school attendance officers determined by the department to be necessary to adequately enforce the provisions of the Mississippi Compulsory School Attendance Law. From and after July 1, 1997, each school attendance officer employed pursuant to this section shall be an employee of the State Department of Education.

(2) Each school attendance officer shall possess a college degree with a major in a behavioral science or a related field; however, this requirement shall not apply to persons employed as school attendance officers before January 1, 1987. School attendance officers also shall satisfy any additional requirements that may be established by the department for the position of school attendance officer.

(3) It shall be the duty of each school attendance officer to:

(a) Cooperate with any public agency to locate and identify all compulsory-school-age children who are not attending school;

(b) Cooperate with all courts of competent jurisdiction;

(c) Investigate all cases of nonattendance and unlawful absences by compulsory-school-age children not enrolled in a nonpublic school;

(d) Provide appropriate counseling to encourage all compulsory-school-age children to attend school until they have completed high school;

(e) Attempt to secure the provision of social or welfare services that may be required to enable any child to attend school;

(f) Contact the home or place of residence of a compulsory-school-age child and any other place in which the officer is likely to find any compulsory-school-age child when the child is absent from school during school hours without a valid written excuse from school officials, and when the child is found, notify the parents and school officials as to where the child was physically located;

(g) Contact promptly the home of each compulsory-school-age child in the school district within the officer's jurisdiction who is not enrolled in school or is not in attendance at public school and is without a valid written excuse from school officials; if no valid reason is found for the nonenrollment or absence from the school, the school attendance officer shall give written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance;

(h) Collect and maintain information concerning absenteeism, dropouts and other attendance-related problems, as may be required by law or the State Department of Education; and

(i) Perform all other duties relating to compulsory school attendance established by the State Department of Education.

(4) While engaged in the performance of his duties, each school attendance officer shall carry on his person a badge identifying him as a school attendance officer of the State of Mississippi and an identification card designed and issued by the State Department of Education.

(5)  From and after July 1, 1996, the salary scale for school attendance officers shall be as follows:

(a) For school attendance officers holding a bachelor's degree as required under subsection (2) of this section, or any other attendance officer employed before January 1, 1987, who does not hold a degree, an annual salary based on years of experience as a school attendance officer or related field of service or employment, as follows:

Years of Experience Salary

0 - 4 years $19,650.00

5 - 8 years 21,550.00

9 - 12 years 23,070.00

13 - 16 years 24,590.00

Over 17 years 26,110.00

(b) For school attendance officers holding a license as a social worker, an annual salary based on years of experience as a school attendance officer or related field of service or employment, as follows:

Years of Experience Salary

0 - 4 years $20,650.00

5 - 8 years 22,950.00

9 - 12 years 24,790.00

13 - 16 years 26,630.00

17 - 20 years 28,470.00

Over 21 years 30,310.00

(c) For school attendance officers holding a license as a social worker who also hold a master's degree in a behavioral science or a related field, an annual salary based on years of experience as a school attendance officer or related field of service or employment, as follows:

Years of Experience Salary

0 - 4 years $21,450.00

5 - 8 years 24,000.00

9 - 12 years 26,040.00

13 - 16 years 28,080.00

17 - 20 years 30,120.00

Over 21 years 32,160.00

(6) The Legislature shall appropriate to the State Department of Education, for the number of school attendance officers employed, funds in such amounts as may be necessary to fund all positions in accordance with the salary scale established under this section.

SECTION 4. The school boards of all school districts shall have the following powers and duties relating to the enforcement of the Mississippi Compulsory School Attendance Law:

(a) To maintain accurate records that document enrollment and attendance in such a manner that the records reflect all changes in enrollment and attendance, including dropout rates, and to submit information concerning public school attendance on a monthly basis to the State Department of Education;

(b) To publish an annual report containing figures on school attendance violations and reductions or increases in school dropout rates, information describing attendance-related problems and proposed solutions to those problems, and any other information the department may require. The reports shall be submitted by districts to the department before the first day of May each year for the current school year; and

To perform any other duties pertaining to the enforcement of the Mississippi Compulsory School Attendance Law which the State Department of Education may require.

SECTION 5. The State Board of Education, acting through the Commission on School Accreditation, shall conduct a study on the feasibility of incorporating minimum requirements relating to enrollment, absenteeism and dropout rates into the performance-based accreditation system as a criterion for accreditation at all levels. The board shall submit a report of its findings and recommendations to the Education Committees of the Senate and House of Representatives before January 1, 1998.

SECTION 6. Section 37-13-91, Mississippi Code of 1972, is amended as follows:

37-13-91. (1) This section shall be referred to as the "Mississippi Compulsory School Attendance Law."

(2) The following terms as used in this section are defined as follows:

(a) "Parent" means the father or mother to whom a child has been born, or the father or mother by whom a child has been legally adopted.

(b) "Guardian" means a guardian of the person of a child, other than a parent, who is legally appointed by a court of competent jurisdiction.

(c) "Custodian" means any person having the present care or custody of a child, other than a parent or guardian of the child.

(d) "School day" means not less than five (5) and not more than eight (8) hours of actual teaching in which both teachers and pupils are in regular attendance for scheduled schoolwork.

(e) "School" means any public school in this state or any nonpublic school in this state which is in session each school year for at least one hundred eighty (180) school days, except that the "nonpublic" school term shall be the number of days that each school shall require for promotion from grade to grade.

(f) "Compulsory-school-age child" means a child who has attained or will attain the age of six (6) years on or before September 1 of the calendar year and who has not attained the age of seventeen (17) years on or before September 1 of the calendar year.

(g) "School attendance officer" means a person employed by the State Department of Education pursuant to Section 3 of House Bill No. , 1997 Regular Session.

(h) "Appropriate school official" means the superintendent of the school district or his designee or, in the case of a nonpublic school, the principal or the headmaster.

(i) "Nonpublic school" * * * means an institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, private, church, parochial and home instruction programs.

(3) A parent, guardian or custodian of a compulsory-school-age child in this state shall cause the child to enroll in and attend a public school or legitimate nonpublic school for the period of time that the child is of compulsory school age, except under the following circumstances:

(a) When a compulsory-school-age child is physically, mentally or emotionally incapable of attending school as determined by the appropriate school official based upon sufficient medical documentation.

(b) When a compulsory-school-age child is enrolled in and pursuing a course of special education, remedial education or education for handicapped or physically or mentally disadvantaged children.

(c) When a compulsory-school-age child is being educated in a legitimate home instruction program.

The parent, guardian or custodian of a compulsory-school-age child described in * * * this subsection, or the parent, guardian or custodian of a compulsory-school-age child attending any nonpublic school, or the appropriate school official for any or all * * * children attending a nonpublic school shall complete a "certificate of enrollment" in order to facilitate the administration of this section.

The form of the certificate of enrollment shall be prepared by the State Board of Education and shall be designed to obtain the following information only:

(i) The name, address, telephone number and date of birth of the compulsory-school-age child;

(ii) The name, address and telephone number of the parent, guardian or custodian of the compulsory-school-age child;

(iii) A simple description of the type of education the compulsory-school-age child is receiving and, if the child is enrolled in a nonpublic school, the name and address of the school; and

(iv) The signature of the parent, guardian or custodian of the compulsory-school-age child or, for any or all compulsory-school-age child or children attending a nonpublic school, the signature of the appropriate school official and the date signed.

 * * *

The certificate of enrollment shall be returned to the school attendance officer where the child resides on or before September 15 of each year. Any parent, guardian or custodian found by the school attendance officer to be in noncompliance with this section shall comply, after written notice of the noncompliance by the school attendance officer, * * * with this subsection within ten (10) days after the notice or be in violation of this section.  * * * However, * * * in the event the child has been enrolled in a public school within fifteen (15) calendar days after the first day of the school year as required in subsection (6), the parent or custodian may at a later date enroll the child in a legitimate nonpublic school or legitimate home instruction program and send the certificate of enrollment to the school attendance officer and be in compliance with this subsection.

For the purposes of this subsection, a legitimate nonpublic school or legitimate home instruction program shall be those not operated or instituted for the purpose of avoiding or circumventing the compulsory attendance law.

(4) An "unlawful absence" is an absence during a school day by a compulsory-school-age child, which absence is not due to a valid excuse for temporary nonattendance. Days missed from school due to disciplinary suspension shall not be considered an "excused" absence under * * * this section.  * * * This subsection shall not apply to children enrolled in a nonpublic school.

Each of the following shall constitute a valid excuse for temporary nonattendance of a compulsory-school-age child enrolled in a public school, provided satisfactory evidence of the excuse is provided to the superintendent of the school district or his designee:

(a) An absence is excused when the absence results from the compulsory-school-age child's attendance at an authorized school activity with the prior approval of the superintendent of the school district or his designee. These activities may include field trips, athletic contests, student conventions, musical festivals and any similar activity.

(b) An absence is excused when the absence results from illness or injury which prevents the compulsory-school-age child from being physically able to attend school.

(c) An absence is excused when isolation of a compulsory-school-age child is ordered by the county health officer, by the State Board of Health or appropriate school official.

(d) An absence is excused when it results from the death or serious illness of a member of the immediate family of a compulsory-school-age child. The immediate family members of a compulsory-school-age child shall include children, spouse, grandparents, parents, brothers and sisters, including stepbrothers and stepsisters.

(e) An absence is excused when it results from a medical or dental appointment of a compulsory-school-age child where an approval of the superintendent of the school district or his designee is gained before the absence, except in the case of emergency.

(f) An absence is excused when it results from the attendance of a compulsory-school-age child at the proceedings of a court or an administrative tribunal if the child is a party to the action or under subpoena as a witness.

(g) An absence may be excused if the religion to which the compulsory-school-age child or the child's parents adheres, requires or suggests the observance of a religious event. The approval of the absence is within the discretion of the superintendent of the school district or his designee, but approval should be granted unless the religion's observance is of such duration as to interfere with the education of the child.

(h) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district or his designee that the purpose of the absence is to take advantage of a valid educational opportunity such as travel including vacations or other family travel. Approval of the absence must be gained from the superintendent of the school district or his designee before the absence, but the approval shall not be unreasonably withheld.

(i) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district or his designee that conditions are sufficient to warrant the compulsory-school-age child's nonattendance. However, no absences shall be excused by the school district superintendent or his designee when any student suspensions or expulsions circumvent the intent and spirit of the compulsory attendance law.

(5) Any parent, guardian or custodian of a compulsory-school-age child subject to * * * this section who refuses or willfully fails to perform any of the duties imposed upon him or her under * * * this section or who intentionally falsifies any information required to be contained in a certificate of enrollment, shall be guilty of contributing to the neglect of a child and, upon conviction, shall be punished in accordance with * * * Section 97-5-39.

Upon prosecution of a parent, guardian or custodian of a compulsory-school-age child for violation of this section, the presentation of evidence by the prosecutor that shows that the child has not been enrolled in school within eighteen (18) calendar days after the first day of the school year of the public school which the child is eligible to attend, or that the child has accumulated twelve (12) unlawful absences during the school year at the public school in which the child has been enrolled, shall establish a prima facie case that the child's parent, guardian or custodian is responsible for the absences and has refused or willfully failed to perform the duties imposed upon him or her under * * * this section. * * * However, * * * no proceedings under this section shall be brought against a parent, guardian or custodian of a compulsory-school-age child unless the school attendance officer has contacted promptly the home of the child and has provided written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance.

(6) If a compulsory-school-age child has not been enrolled in a school within fifteen (15) calendar days after the first day of the school year of the school which the child is eligible to attend or the child has accumulated five (5) unlawful absences during the school year of the public school in which the child is enrolled, the school district superintendent shall report, within two (2) school days or within five (5) calendar days, whichever is less, * * * the absences to the school attendance officer. The State Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful absences to the school attendance officer. The superintendent, or his designee, also shall report any student suspensions or student expulsions to the school attendance officer when they occur.

(7) * * * When a school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance officer shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of competent jurisdiction as it pertains to parent or child. The youth court shall expedite a hearing to make an appropriate adjudication and a disposition to ensure compliance with the Compulsory School Attendance Law, and may order the child to enroll or reenroll in school. The superintendent of the school district to which the child is ordered may assign, in his discretion, * * * the child to the alternative school program of the school established pursuant to Section 37-13-92.

 * * *

  (8)  * * * The State Board of Education shall adopt rules and regulations for the purpose of reprimanding any school superintendents who fail to timely report unexcused absences under  * * * this section.

(9)  * * * Notwithstanding any provision or implication herein to the contrary, it is not the intention of this section to impair the primary right and the obligation of the parent or parents, or person or persons in loco parentis to a child, to choose the proper education and training for such child, and nothing in this section shall ever be construed to grant, by implication or otherwise, to the State of Mississippi, any of its officers, agencies or subdivisions any right or authority to control, manage, supervise or make any suggestion as to the control, management or supervision of any private or parochial school or institution for the education or training of children, of any kind whatsoever that is not a public school according to the laws of this state; and this section shall never be construed so as to grant, by implication or otherwise, any right or authority to any state agency or other entity to control, manage, supervise, provide for or affect the operation, management, program, curriculum, admissions policy or discipline of any such school or home instruction program.

SECTION 7. Section 37-13-107, Mississippi Code of 1972, is amended as follows:

37-13-107. (1) * * * Every school attendance officer shall be required * * * to attend and complete a comprehensive course of training and education which is approved by the State Department of Education. Attendance shall be required beginning with the first training seminar conducted after the school attendance officer is employed as a school attendance officer.

(2) * * * The State Department of Education shall approve a course of training and education for school attendance officers of the state. The course shall consist of at least twelve (12) hours of training per year. The content of the course of training * * * shall be approved by the department. A certificate of completion shall be furnished to those school attendance officers who complete the course. * * * Each certificate shall be made a part of the permanent record of the * * * school attendance officer * * *.

(3) Upon the failure of any person employed as a school attendance officer to receive the certificate of completion within the first year of his employment, the person shall not be allowed to carry out any of the duties of a school attendance officer and may be dismissed by the State Department of Education.

SECTION 8. Section 37-3-53, Mississippi Code of 1972, is amended as follows:

37-3-53. * * * Each school year, * * * the State Board of Education, acting through the Office of Educational Accountability, shall develop a public school reporting system, or "Mississippi Report Card," on the performance of students and schools at the local, district and state level. In developing the report card, the Office of Educational Accountability shall collect school, district and state level student achievement data in the appropriate grades as designated by the State Board of Education in all core subjects, and compare the data with national standards to identify students' strengths and weaknesses. The Mississippi Report Card shall provide more than reports to parents on the level at which their children are performing; the report shall provide clear and comparable public information on the level at which schools, school districts and the state public education

system are performing. The Office of Educational Accountability shall encourage local school districts and the general public to use Mississippi Report Card information along with local individual student data to assess the quality of instructional programs and the performance of schools and to plan and implement programs of instructional improvement.

Beginning with the 1997-1998 school year, the Mississippi Report Card shall include information, as compiled by the State Department of Education, which demonstrates clearly the absenteeism and dropout rates in each school district and the state and whether those rates reflect a positive or negative change from the same information as reported in the previous year's Mississippi Report Card.

SECTION 9. This act shall take effect and be in force from and after July 1, 1997.