MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Education
By: Representative Foster
AN ACT TO BE KNOWN AND CITED AS THE "TRAUMA-INFORMED STUDENT ASSESSMENT EXEMPTION ACT"; TO RECOGNIZE THE ADVERSE ACADEMIC IMPACT OF GRIEF, TRAUMA AND LOSS ON STUDENTS REQUIRED TO PARTICIPATE IN HIGH-STAKES TESTING; TO AUTHORIZE TEMPORARY EXEMPTIONS FROM PARTICIPATION IN HIGH-STAKES ASSESSMENTS FOR STUDENTS EXPERIENCING QUALIFYING TRAUMA-OR-LOSS EVENTS; TO ENSURE THAT SUCH EXEMPTIONS DO NOT NEGATIVELY AFFECT STUDENT PROMOTION, GRADUATION ELIGIBILITY, SCHOLARSHIP OR FINANCIAL AID CONSIDERATION OR ACCESS TO ADVANCED OR SPECIALIZED ACADEMIC PROGRAMS; TO EXCLUDE EXEMPTED STUDENTS FROM STATE AND FEDERAL ACCOUNTABILITY METRICS DURING THE EXEMPTION PERIOD AND AUTHORIZE THE USE OF ALTERNATIVE MEASURES OF STUDENT PROGRESS; TO ESTABLISH PROCEDURES FOR REQUESTING, REVIEWING, APPROVING OR DENYING EXEMPTIONS IN A MANNER THAT IS TIMELY, EQUITABLE, MINIMALLY BURDENSOME AND TRAUMA-SENSITIVE; TO REQUIRE WRITTEN NOTICE OF EXEMPTION DETERMINATIONS AND THE SAFEGUARDING OF STUDENT PRIVACY; TO PROHIBIT THE IMPOSITION OF ACCOUNTABILITY PENALTIES ON SCHOOLS OR DISTRICTS FOR HONORING APPROVED EXEMPTIONS; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ISSUE GUIDANCE AND PROVIDE PROFESSIONAL DEVELOPMENT ON TRAUMA-RESPONSIVE ASSESSMENT PRACTICES; TO MANDATE ANNUAL REPORTING TO THE LEGISLATURE ON EXEMPTION USAGE AND IMPACT WITHOUT DISCLOSURE OF PERSONALLY IDENTIFIABLE STUDENT INFORMATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Trauma-Informed Student Assessment Exemption Act."
SECTION 2. The Legislature finds that:
(a) Students experiencing grief, trauma, or loss are at heightened risk of academic harm when required to participate in high-stakes testing;
(b) Trauma-informed educational practices promote healing, equity and long-term student
success; and
(c) Schools and districts must be empowered to support students compassionately without fear of accountability penalties.
SECTION 3. As used in this act, the following terms shall have the meanings ascribed in the section, unless context of use clearly requires otherwise:
(a) "High-stakes test" means any standardized assessment mandated by state or federal law that significantly impacts student promotion, graduation, teacher evaluation or school/district accountability ratings.
(b) "Trauma-or-loss event" includes, but is not limited to:
(i) Death of a parent, guardian or immediate family member;
(ii) Serious illness or injury of the student or immediate family member;
(iii) Displacement due to natural disaster or emergency; and
(iv) Other events recognized by a licensed counselor, social worker or school administrator.
(c) "Exemption period" means the duration of time during which a student is excused from testing, beginning at the time of the trauma event and extending for not less than thirty (30) instructional days, with extensions available upon professional recommendation.
SECTION 4. (1) A student experiencing a trauma-or-loss event shall be exempt from participation in high-stakes testing during the exemption period. The exemption granted under the authority of this section shall not negatively impact:
(a) The affected student's eligibility for promotion or graduation eligibility;
(b) The affected student's consideration for scholarship or financial aid; and
(c) The affected student's access to advanced coursework or specialized programs.
(2) (a) Students exempted under this section shall be excluded from accountability metrics during the exemption period. Alternative measures of student progress, including formative assessments, portfolio reviews or teacher evaluations may be used in place of high-stakes test data.
(b) Exemptions may be requested in writing by the student's parent or guardian, or a licensed counselor, social worker or school administrator, with documentation supporting the basis for which the request is premised. The documentation shall be minimal and trauma-sensitive, requiring only a brief statement of the qualifying event.
(3) (a) Schools must provide the parent or guardian a written confirmation or denial of exemption within five (5) instructional days of request being received by the district.
(b) Exemptions shall be granted equitably, without discrimination based on race, socioeconomic status, disability or other protected categories.
(4) In its review of requests for exemption, a school shall undertake every precaution necessary to ensure that student privacy is safeguarded, and shall prevent the details of the trauma-or-loss event being disclosed beyond necessary personnel critical to the decision of approving or denying an exemption request and the instructor for whose course the exemption may apply.
(5) No school or district shall be penalized in state or federal accountability systems for honoring exemptions granted under the authority of this section for students experiencing a trauma-or-loss event.
SECTION 5. (1) The State Department of Education shall issue guidance to districts on trauma-or-loss exemption practices, and provide professional development to administrators, instructional personnel and school counselors on trauma-responsive assessment policies.
(2) The department shall issue annual reports to the Legislature summarizing exemption usage and impact within school districts, without identifying individual students to whom exemptions were granted.
SECTION 6. This act shall take effect and be in force from and after July 1, 2026.