MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Education
By: Senator(s) DeBar
AN ACT TO AMEND SECTIONS 37-13-80, 37-13-83, 37-13-85, 37-13-87, 37-13-89, 37-13-91 AND 37-13-107, MISSISSIPPI CODE OF 1972, TO REFORM THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW; TO FORM THE OFFICE OF COMPULSORY SCHOOL ATTENDANCE ENFORCEMENT AND DROPOUT PREVENTION WITHIN THE STATE DEPARTMENT OF EDUCATION, BY CONSOLIDATING THE OFFICE OF COMPULSORY SCHOOL ATTENDANCE ENFORCEMENT WITH THE OFFICE OF DROPOUT PREVENTION, WHERE IT IS CURRENTLY HOUSED; TO PLACE SCHOOL ATTENDANCE OFFICERS IN THE EMPLOYMENT OF THEIR LOCAL SCHOOL DISTRICTS; TO SET A NEW MINIMUM SALARY SCALE FOR SCHOOL ATTENDANCE OFFICERS; TO REPEAL SECTION 37-13-80.1, MISSISSIPPI CODE OF 1972, WHICH DIRECTS THE STATE BOARD OF EDUCATION TO IMPLEMENT A MIDDLE SCHOOL DROPOUT PREVENTION AND RECOVERY PILOT PROGRAM IN SELECT "D" AND "F" RATED SCHOOL DISTRICTS SELECTED BY THE STATE BOARD OF EDUCATION; TO REPEAL SECTION 37-13-81, MISSISSIPPI CODE OF 1972, WHICH CREATES THE OFFICE OF COMPULSORY SCHOOL ATTENDANCE ENFORCEMENT WITHIN THE OFFICE OF DROPOUT PREVENTION OF THE STATE DEPARTMENT OF EDUCATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-13-80, Mississippi Code of 1972, is amended as follows:
37-13-80. (1) There is created the Office of Compulsory School Attendance Enforcement and Dropout Prevention within the State Department of Education. The office shall be responsible for the administration of a statewide dropout prevention program, and for the administration of a statewide system of enforcement of the Mississippi Compulsory School Attendance Law.
(2) The State Superintendent of Public Education shall appoint a director for the Office of Compulsory School Attendance Enforcement and Dropout Prevention, who shall meet all qualifications established by the State Superintendent of Public Education and the State Personnel Board. The director shall be responsible for the proper administration of the Office of Compulsory School Attendance Enforcement and Dropout Prevention and any other regulations or policies that may be adopted by the State Board of Education. However, if for any reason within the two-year period beginning July 1, 2014, a new director for the Office of Compulsory School Attendance Enforcement and Dropout Prevention is employed by the department, the employment of such individual shall not be subject to the rules and regulations of the State Personnel Board, except as otherwise provided in Section 25-9-127(4).
(3) Each school district
shall implement a dropout prevention program approved by the Office of Compulsory
School Attendance Enforcement and Dropout Prevention of the State
Department of Education by the * * * 2026-2027, and annually
thereafter, school year.
(4) Each local school district will be held responsible for reducing and/or eliminating dropouts in the district. The local school district will be responsible for the implementation of dropout plans focusing on issues such as, but not limited to:
(a) Dropout Prevention initiatives that focus on the needs of individual local education agencies;
(b) Establishing policies and procedures that meet the needs of the districts;
(c) Focusing on the
student-centered goals and objectives that are * * * measurable;
(d) Strong emphasis on * * * increasing the retention rates
in grades kindergarten, first and second;
(e) Targeting subgroups that need additional assistance to meet graduation requirements; and
(f) Dropout recovery initiatives that focus on students age seventeen (17) through twenty-one (21), who dropped out of school.
(5) The Office of Compulsory
School Attendance Enforcement and Dropout Prevention may provide technical
assistance * * * to school districts to increase graduation
rates and reduce chronic absenteeism as defined in Section 37-13-91(n). The
office shall collaborate with program offices within the department to develop
and disseminate model policies, templates and data tools for early warning
identification, tiered interventions, and family and community engagement
strategies aligned to Section 97-13-91(n). The office shall, at a minimum:
(a) Publish annually updated guidance and model plans; and
(b) Offer training and technical assistance to districts and schools whose chronic absenteeism rate exceeds ten percent (10%) for any grade level or subgroup.
(6) Each school district's dropout prevention plan shall address how students will transition to the home school district from the juvenile detention centers.
* * *
SECTION 2. Section 37-13-83, Mississippi Code of 1972, is amended as follows:
37-13-83. The State
Superintendent of Public Education shall * * * employ sufficient staff
for the Office of Compulsory School Attendance Enforcement and Dropout Prevention,
who shall meet all qualifications * * * established by the State
Superintendent of Public Education * * *, with the approval of the State
Personnel Board. The * * * staff shall be responsible for the proper
administration of the Office of Compulsory School Attendance Enforcement and
Dropout Prevention in conformity with the Mississippi Compulsory School
Attendance Law and any other regulations or policies that may be adopted by the
State Board of Education. * * * The director shall report directly to the Director of the Office of
Dropout Prevention.
SECTION 3. Section 37-13-85, Mississippi Code of 1972, is amended as follows:
37-13-85. The Office of Compulsory School Attendance Enforcement and Dropout Prevention shall have the following powers and duties, in addition to all others imposed or granted by law:
(a) To establish any
policies or guidelines * * * to be used by local school districts for the
employment of school attendance officers which serve to effectuate a uniform
system of enforcement under the Mississippi Compulsory School Attendance Law
throughout the state * * *;
* * *
( * * *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
assistance in reducing absenteeism or the dropout rates in those districts;
( * * *d) To establish any qualifications, in
addition to those required under Section 37-13-89, for school attendance
officers as the office 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 attendance
officers to submit information concerning public school attendance on a monthly
basis to the office;
( * * *f) To prepare 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 attendance officer in the state;
( * * *g) To provide to the State Board of
Education statistical information concerning absenteeism, dropouts and other
attendance-related problems as requested by the State Board of Education;
( * * *h) To provide for the certification of
school attendance officers;
( * * *i) To provide for 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 office as
school attendance officers;
( * * *j) To adopt any guidelines or policies
the office deems necessary to effectuate an orderly transition from the
supervision of school attendance officers by * * * the State Department of
Education to the supervision by the local school * * * district;
* * *
( * * *k) To adopt policies or guidelines to
assist school districts with linking the duties of school attendance
officers to the appropriate courts, law enforcement agencies and community
service providers; * * *
( * * *l) To adopt any other policies or
guidelines that the office deems necessary for the enforcement of the
Mississippi Compulsory School Attendance Law; however, the policies or
guidelines shall not add to or contradict with the requirements of Section 37-13-91 * * *; and
(m) To transfer all funds appropriated to the State Department of Education for school attendance officers to school districts on the same schedule as total funding formula disbursements under Section 37-151-103.
SECTION 4. Section 37-13-87, Mississippi Code of 1972, is amended as follows:
37-13-87. * * * The State
Superintendent of Public Education shall employ sufficient staff to provide
oversight and guidance for the enforcement of the Mississippi Compulsory
School Attendance Law * * * and
shall support and provide technical assistance and professional development to
the school attendance officers in the local school district. The * * * staff employed by the State Superintendent of Public
Education shall assist the school attendance officers in the performance of
their duties as established by law or otherwise and may also perform any
other duties within the Office of Compulsory School Attendance Enforcement and
Dropout Prevention as may be assigned by the State Superintendent of Public Education.
Duties include, but are not limited to, the implementation of proper data
collection and the training of school district staff.
* * *
SECTION 5. Section 37-13-89, Mississippi Code of 1972, is amended as follows:
37-13-89. (1) (a)
In each school district within the state, there shall be employed the number of
school attendance officers determined by the local school district, in
consultation with the Office of Compulsory School Attendance Enforcement and
Dropout Prevention to be necessary to adequately enforce * * * the Mississippi Compulsory
School Attendance Law * * *. In any school district
where charter schools operate, the district shall also enforce the Mississippi
Compulsory School Attendance Law for those charter schools. From and after
July 1, * * *
2026, all school attendance officers employed pursuant to this section
shall be employees of the * * * State Department of Education. The State Department of Education
school districts, which shall employ all persons employed as school
attendance officers by * * * the State Department of
Education before July 1, 2026, and shall assign them to school attendance
responsibilities in the school district in which they were employed before July
1, * * * 2026.
(b) If a school attendance officer employed by the State Department of Education performed services in two (2) or more school districts during the 2025-2026 school year, that school attendance officer may continue to serve the same two (2) or more districts for the 2026-2027 school year. For purposes of employment, the school attendance officer shall be assigned to the district with the largest student enrollment, and that district shall serve as the fiscal agent, with funding shared with the partnering district. Effective on July 1, 2026, if two (2) or more districts fall below a certain number of students enrolled, to be determined by the State Department of Education, or are provided funding for only one-half (1/2) of the salary of the school attendance officer, those district are authorized, in the discretion of their respective local school boards, to enter into an agreement for the purposes of sharing a school attendance officer. The agreement shall designate the district to serve as the fiscal agent, as well as the mutually agreed-upon salary for the school attendance officer. The agreement shall be adopted by resolution duly spread on the minutes of each school board and approved by the Office of Compulsory School Attendance Enforcement and Dropout Prevention.
(2) (a) The * * * local school
district shall * * * conduct criminal records background checks and
current child abuse registry checks on all persons applying for the position of
school attendance officer on or after July * * * 1, 2026. The criminal records
information and registry checks must be kept on file for any new hires. * * * To determine an applicant's
suitability for employment as a school attendance officer, the applicant must be
fingerprinted. If no disqualifying record is identified at the state level,
the Department of Public Safety shall forward the fingerprints to the Federal
Bureau of Investigation (FBI) for a national criminal history record check.
The applicant shall pay the fee, not to exceed Fifty Dollars ($50.00), for the
fingerprinting and criminal records background check; however, the * * * school
district, in its discretion, may pay the fee for the fingerprinting and
criminal records background check on behalf of any applicant. Under no
circumstances may a member of the * * * school board, employee
of the * * * school district or any person other
than the subject of the criminal records background check disseminate
information received through any such checks except insofar as required to
fulfill the purposes of this subsection.
(b) If the
fingerprinting or criminal records check discloses a felony conviction, guilty
plea or plea of nolo contendere to a felony of possession or sale of drugs,
murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed
in Section 45-33-23(h), child abuse, arson, grand larceny, burglary,
gratification of lust or aggravated assault which has not been reversed on
appeal or for which a pardon has not been granted, the applicant is not
eligible to be employed as a school attendance officer. Any employment of an
applicant pending the results of the fingerprinting and criminal records check
is voidable if the new hire receives a disqualifying criminal records check.
However, the * * * school board, in its discretion, may allow
an applicant aggrieved by an employment decision under this subsection to
appear before the board, or before a hearing officer designated for that
purpose, to show mitigating circumstances that may exist and allow the new hire
to be employed as a school attendance officer. The * * * school board
may grant waivers for mitigating circumstances, which may include, but are not
necessarily limited to: (i) age at which the crime was committed; (ii) circumstances
surrounding the crime; (iii) length of time since the conviction and criminal
history since the conviction; (iv) work history; (v) current employment and
character references; and (vi) other evidence demonstrating the ability of the
person to perform the responsibilities of a school attendance officer
competently and that the person does not pose a threat to the health or safety
of children.
(c) * * * No school district, district employee,
member of the State Board of Education or employee of a school under the
purview of the State * * * Department Board of Education * * * shall be held liable in any
employment discrimination suit in which an allegation of discrimination is made
under state law regarding an employment decision authorized under this
section.
(3) Each school attendance
officer shall possess * * * at least one of the following:
(a) A bachelor's degree with a major in behavioral science or a related field, including, but not limited to, social work, education, criminal justice, psychology or sociology;
(b) An associate's degree in behavioral science or a related field, plus two (2) years of full-time experience in education, social work, counseling, law enforcement or a comparable field involving direct services for children; or
(c) No less than three (3) years combined experienced in a related role involving student support and engagement.
School attendance officers also shall satisfy any additional requirements that may be established by the hiring local school district.
(4) 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 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, the officer shall notify the parents and school officials as to where the child was physically located. If a home visit is necessary, the school district may send a member of the administrative staff, school resource officer or local law enforcement agency along with the school attendance officer to the residence;
(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, the school district or the Office of Compulsory School Attendance Enforcement and Dropout Prevention; and
(i) Perform all other
duties relating to compulsory school attendance established by the * * * school district.
(5) 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 * * *. Neither the badge nor the
identification card shall bear the name of any elected public official.
(6) The state shall provide funding for one (1) school attendance officer employed by a school district or districts for every two thousand five hundred (2,500) compulsory-school-aged children, as defined in Section 37-13-91(2)(f), in enrollment in the public schools of the county, for the purpose of employing school attendance officers as defined in Section 37-13-91(2)(g).
( * * *7) The * * * salary * * * for school attendance officers * * * shall be based upon factors
including, but not limited to, education, professional certification and
licensure, and number of years of experience. School attendance
officers must meet the minimum requirements as identified in subsection (3)
of this section. Effective July 1, 2026, any newly hired school attendance
officers shall be paid * * * a
minimum salary as provided in the table below. A school district may pay
additional compensation above the minimum salary on a schedule established by
its school board.
* * *
Years of Experience Salary
0 years $34,000.00
1 year 34,629.43
2 years 35,314.89
3 years 35,987.77
4 years 36,671.15
5 years 37,951.30
6 years 38,662.52
7 years 39,384.76
8 years 40,118.17
9 years 40,862.91
10 years 42,238.01
11 years 43,012.66
12 years 43,799.19
13 years 44,597.79
14 years 45,408.60
15 years 46,885.29
16 years 48,335.15
17 years 48,583.99
18 years 49,452.78
19 years 50,334.75
20 years 51,920.05
21 years 52,836.50
22 years 53,766.78
23 years 54,711.09
24 years 55,669.61
25 years 58,554.95
26 years 59,563.42
27 years 60,586.96
28 years 61,625.75
29 years 62,680.03
30 years 63,750.00
( * * *8) * * *
Each school attendance officer
employed by the State Department of Education on June 30, 2026, shall be
transferred from state services under the authority of the State Personnel
Board to employment status as an employee of his or her respective school
district of assignment. Each school attendance officer shall have a work
location within the school district served. Each school attendance officer who
became an employee of the school district on July 1, 2026, shall have no interruption
of service with the Public Employees' Retirement System and the State and
School Employees' Health Insurance Plan. Any unused leave accumulated in state-service
employment with the State Department of Education shall be transferred in
accordance with Section 37-7-307, unless otherwise provided.
( * * *9) * * * School attendance officers shall
maintain regular office hours on a year-round basis, as determined by the
school district of employment; however, during the school term, on those
days that teachers in all of the school districts served by a school attendance
officer are not required to report to work, the school attendance officer also
shall not be required to report to work. (For purposes of this subsection, a
school district's school term is that period of time identified as the school
term in contracts entered into by the district with licensed personnel.) A
school attendance officer shall be required to report to work on any day
recognized as an official state holiday if teachers in any school district
served by that school attendance officer are required to report to work on that
day * * *.
* * *
( * * *10) The State Department of Education
shall provide all continuing education and training courses that school
attendance officers are required to complete under state law or rules and
regulations of the department.
(11) The State Department of Education and the Mississippi Association of School Superintendents shall provide a joint report on the status and progress of school attendance officers in their capacity as employees of school districts, and their fulfillment of their assigned duties, to the Lieutenant Governor, Speaker of the House of Representatives, and Chairmen of the Senate and House Education Committees by December 1, 2027, 2028 and 2029.
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 * * * the portion of a day during which
schools are in session and providing instruction to students, as set by the
school board and consistent with State Board of Education accreditation
requirements. For purposes of compulsory school attendance, a student shall be
considered in full-day attendance if present for at least sixty-six percent
(66%) of the instructional day, as defined by the State Board of Education.
(e) "School" means any public school, including a charter 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; and shall include any child who has attained or will attain the age of five (5) years on or before September 1 and has enrolled in a full-day public school kindergarten program.
(g) "School
attendance officer" means a person employed by * * *
a school district and receiving additional support and technical assistance
from the Office of Compulsory School Attendance Enforcement and Dropout
Prevention.
(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 children with physical or mental disadvantages or disabilities.
(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 * * * shall complete a "certification of
enrollment" to facilitate the administration of this section. The
appropriate school official for any or all children attending a charter school or 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 Office of Compulsory School Attendance
Enforcement * * * and Dropout Prevention 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) The school district where the compulsory-school-age child resides;
( * * *iv) A simple description of the type
of education the compulsory-school-age child is receiving and, if the child is
enrolled in a charter school or nonpublic school, the name and address
of the school; and
( * * *v) 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 charter school or 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 that serves
the school district where the child resides on or before * * * August 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) (a) An
"unlawful absence" is an absence for an entire school day or during
part of a school day by a compulsory-school-age child, which absence is not due
to a valid excuse for temporary nonattendance. For purposes of reporting
absenteeism under subsection (6) of this section, if a compulsory-school-age
child has an absence that is more than * * * thirty-three
percent (33%) of the instructional day, as fixed by the school board for
the school at which the compulsory-school-age child is enrolled, the child must
be considered absent the entire school day. 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 noncharter public school, provided satisfactory evidence of the excuse is provided to the superintendent of the school district, or his designee:
( * * *i) 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.
( * * *ii) An absence is excused when the
absence results from illness or injury, as documented by a written excuse by
a medical provider, which prevents the compulsory-school-age child from
being physically able to attend school.
( * * *iii) 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.
( * * *iv) 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.
( * * *v) An absence is excused when it
results from a medical or dental appointment of a compulsory-school-age child with
documented excuse from the medical provider.
( * * *vi) 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.
( * * *vii) 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.
( * * *viii) 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 * * *.
( * * *ix) 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.
( * * *x) An absence is excused when it
results from the attendance of a compulsory school age child participating in
official organized events sponsored by the 4 H or Future Farmers of America
(FFA). The excuse for the 4 H or FFA event must be provided in writing to the
appropriate school superintendent by the Extension Agent or High School
Agricultural Instructor/FFA Advisor.
( * * *xi) An absence is excused when it
results from the compulsory-school-age child officially being employed to serve
as a page at the State Capitol for the Mississippi House of Representatives or Senate.
(b) Limitation on excused absences. Except as otherwise provided in this section, no compulsory-school-age child shall be granted more than five (5) excused absences per semester under subparagraphs (i) through (x) of paragraph (a) of this subsection (4). Any additional excused absences beyond this limit must be specifically approved by the school district superintendent, or his or her designee, upon a showing of extenuating circumstances. Extenuating circumstances may include, but are not limited to, prolonged illness or injury supported by medical documentation, extended religious observances, or participation in educational opportunities of substantial merit, including out-of-state educational travel. Any absence in excess of this limit, and not approved by the superintendent, shall be considered unexcused for purposes of this chapter. Any absence in excess of the limit set forth in this subsection, and not approved by the superintendent, shall be considered an unexcused absence for purposes of this chapter.
(i) School-sanctioned events, such as athletics, band, choir or other events sponsored by the Mississippi High School Activities Association or a successor entity shall not be counted as absences.
(ii) School-sanctioned academic or club events shall not be counted as absences.
(c) Chronic absenteeism. For purposes of this section and in alignment with state and federal accountability requirements, a compulsory-school-age child shall be considered chronically absent if the child is absent from school for ten percent (10%) or more of the instructional days in a school year, regardless of whether such absences are excused or unexcused under paragraphs (a) or (b) of this subsection (4).
(i) Each school district shall actively monitor chronic absenteeism rates by school, grade level and subgroup of students. Districts shall include chronic absenteeism data in their annual accountability reporting and in their district- and school-level improvement plans.
(ii) Each school district shall develop and implement tiered intervention strategies for students identified as being at risk of chronic absenteeism. Such strategies shall include, at a minimum: timely parent or guardian notification when a student has accumulated three (3) or more absences that place the student at risk of chronic absenteeism; opportunities for parent or guardian conferences to identify barriers to regular attendance; referral to school- or community-based support services as appropriate, including health, counseling and transportation resources; and assignment of an individualized attendance success plan, which may include mentoring, case management by a school attendance officer, or other evidence-based supports.
(iii) Each school district shall adopt strategies for proactive family engagement to prevent and reduce chronic absenteeism, including, but not limited to: regular communication with families in a language and manner understandable to them about the importance of daily attendance and the consequences of absenteeism; partnering with community organizations, faith-based institutions or local businesses to support families in overcoming barriers to school attendance; and providing training for school staff on culturally responsive family engagement practices related to attendance.
(iv) When a school's chronic absenteeism rate exceeds ten percent (10%) for any subgroup or grade level, the school district shall be required to adopt a written chronic absenteeism reduction plan, which shall be submitted to the school board and made publicly available on the district website. The plan shall describe specific evidence-based practices the district will employ to reduce chronic absenteeism, the timeline for implementation, family and community engagement strategies, and the metrics for measuring progress.
(v) The State Department of Education shall provide technical assistance to districts in the development and implementation of chronic absenteeism reduction strategies and shall annually publish statewide data on chronic absenteeism by district and school.
(d) District policies; local documentation and family engagement.
(i) By July 1, 2026, each school district shall, by board action, adopt and implement locally tailored policies that:
1. Set documentation standards for excuses under subparagraphs (ii) through (v) of paragraph (a) of this subsection (4), including acceptable verification, submission timelines, a locally set limit on parent/guardian notes before third-party documentation is required, and protections for student privacy; and
2. Establish family-engagement protocols aligned to this paragraph (d), including timely notice when a student is at risk of chronic absenteeism, a parent/guardian conference and attendance success plan, multi-channel/translated communications, and referral to available local supports.
(ii) Policies shall be posted on the district website, reviewed at least every three (3) years, and reported on annually to the school board using disaggregated attendance data.
(iii) The department may issue nonbinding model policies. Adoption of the model, or of a substantially aligned policy, shall constitute minimum compliance.
(e) This subsection (4) shall not be construed to create a new criminal offense or to redefine "unlawful absence," but shall serve as a primary indicator for prevention, intervention and accountability under state and federal 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 * * * eight (8) 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, or his designee, shall report, * * * within twenty-four (24) hours of the
unlawful absences to the school attendance officer. The * * * school
district 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. Sheriffs, deputy sheriffs and municipal law enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful absences by compulsory-school-age children, and shall be authorized to file a petition with the youth court under Section 43-21-451 or file a petition or information in the court of competent jurisdiction as it pertains to parent or child for violation of this section. 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 re-enroll 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 * * * to:
(a) Ensure school superintendents timely report unlawful absences under this section; and
(b) Sanction school districts that do not adhere to said policy though findings of noncompliance on the monitoring process.
(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, * * * school attendance 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 annually to attend and complete a comprehensive course of training and education which is provided or approved by the Office of Compulsory School Attendance Enforcement and Dropout Prevention of 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 Office of
Compulsory School Attendance Enforcement and Dropout Prevention shall
provide or 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 and when and where
it is to be conducted shall be approved by the office. A certificate of
completion shall be furnished by the State Department of Education to those
school attendance officers who complete the course. Each certificate shall be
made a permanent record of the * * * local
school district where the school attendance officer is employed.
(3) Upon the failure of any person employed as a school attendance officer to receive the certificate of completion from the State Department of Education 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 shall not be entitled to compensation for the period of time during which the certificate has not been obtained.
SECTION 8. Section 37-13-80.1, Mississippi Code of 1972, which directs the State Board of Education to implement a Middle School Dropout Prevention and Recovery Pilot Program in select "D" and "F" rated school districts selected by the State Board of Education, is repealed.
SECTION 9. Section 37-13-81, which creates the Office of Compulsory School Attendance Enforcement within the Office of Dropout Prevention of the State Department of Education, is repealed.
SECTION 10. This act shall take effect and be in force from and after July 1, 2026.