MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Education; Appropriations

By: Representative Frierson

AN ACT TO CREATE THE MISSISSIPPI DEPARTMENT OF COMPULSORY SCHOOL ATTENDANCE ENFORCEMENT TO EFFECTUATE A UNIFORM, STATEWIDE SYSTEM OF ENFORCEMENT OF THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW; TO DEFINE CERTAIN TERMS USED IN THE ACT; TO ESTABLISH THE MISSISSIPPI BOARD FOR COMPULSORY SCHOOL ATTENDANCE ENFORCEMENT; TO PROVIDE FOR THE BOARD'S MEMBERSHIP AND THE INITIAL TERMS OF APPOINTMENT OF BOARD MEMBERS; TO PROVIDE FOR THE APPOINTMENT BY THE BOARD OF AN EXECUTIVE DIRECTOR FOR THE DEPARTMENT; TO ESTABLISH THE POWERS AND DUTIES OF THE BOARD; TO CREATE THE POSITION OF SCHOOL ATTENDANCE OFFICER SUPERVISOR IN EACH HIGHWAY PATROL DISTRICT; TO PROVIDE THAT THE SUPERVISORS SHALL BE RESPONSIBLE FOR THE DIRECT SUPERVISION OF SCHOOL ATTENDANCE OFFICERS IN THEIR HIGHWAY PATROL DISTRICT; TO PRESCRIBE THE QUALIFICATIONS FOR SCHOOL ATTENDANCE OFFICER SUPERVISORS; TO PROVIDE THAT EACH DISTRICT SHALL HAVE THE NUMBER OF SCHOOL ATTENDANCE OFFICERS DETERMINED BY THE MISSISSIPPI BOARD FOR COMPULSORY SCHOOL ATTENDANCE ENFORCEMENT TO BE NECESSARY TO ENFORCE THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW; TO SPECIFY THAT SCHOOL ATTENDANCE OFFICERS SHALL BE STATE EMPLOYEES IN THE STATE SERVICE; TO PRESCRIBE THE DUTIES OF SCHOOL ATTENDANCE OFFICERS; TO REENACT SECTION 37-13-91, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW; TO AMEND REENACTED SECTION 37-13-91 AND SECTION 37-13-107, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 

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

SECTION 1. There is created the Mississippi Department of Compulsory School Attendance Enforcement. The department shall be responsible for the administration of a statewide system of enforcement of the Mississippi Compulsory School Attendance Law and for the employment and supervision of school attendance officers throughout the state.

SECTION 2. The following words and phrases, as used in Sections 1 through 7 of House Bill No. ______, 1998 Regular Session, shall have the meanings respectively ascribed to them in this section unless the context clearly requires otherwise:

(a) "Board" means the Mississippi Board for Compulsory School Attendance Enforcement.

(b) "Department" means the Mississippi Department of Compulsory School Attendance Enforcement.

(c) "Executive director" and "director" mean the chief officer for the Mississippi Department of Compulsory School Attendance Enforcement.

(d) "Mississippi Compulsory School Attendance Law" means Section 37-13-91.

SECTION 3. (1) There is created the Mississippi Board for Compulsory School Attendance Enforcement. The board shall be composed of five (5) members, to be appointed as follows: one (1) member shall be appointed by the Governor; one (1) member shall be appointed by the State Superintendent of Education; one (1) member shall be appointed by the Mississippi Association of School Attendance Officers/Counselors; one (1) member shall be appointed by the Mississippi Judicial College of the University of Mississippi Law Center; and one (1) member shall be appointed by the Social Science Research Center.

(2) The initial appointments to the board shall be made as follows: the member appointed by the Governor shall serve an initial term ending on June 30, 1999, the member appointed by the State Superintendent of Education shall serve an initial term ending on June 30, 2000, the member appointed by the Social Science Research Center shall serve an initial term ending on June 30, 2001, and the members appointed by the Mississippi Association of School Attendance Officers/Counselors and the Mississippi Judicial College of the University of Mississippi Law Center shall serve initial terms ending on June 30, 2002. After the expiration of the initial terms, all subsequent appointments shall be made for terms of four (4) years from the expiration date of the previous term. Any vacancy occurring other than by expiration of a term shall be filled for the unexpired term by the appropriate appointing authority.

(3) The first official meeting of the original board members shall be called by the executive director of department within thirty (30) days after July 1, 1998. The board shall elect a chairperson from its membership at the first meeting of the original board members and every year thereafter. A majority of the membership shall constitute a quorum for the transaction of any business. The board shall meet regularly once a month at such time as shall be designated by an order entered upon the minutes of the board. Special meetings of the board may be held upon call of the chairperson or a majority of the board members. The executive director of the Mississippi Department of Compulsory School Attendance Enforcement shall be the secretary of the board.

(4) Members of the board shall serve without compensation, but each shall be entitled to receive per diem as provided in Section 25-3-69 and actual and necessary travel expenses incurred while in the performance of duties in accordance with Section 25-3-41.

SECTION 4. (1) The board shall appoint an executive director for the Mississippi Department of Compulsory School Attendance Enforcement. The director shall meet all qualifications established for school attendance officer supervisors and any additional qualifications that may be established by the board or State Personnel Board. The director shall receive an annual salary to be set by the board, subject to the approval of the State Personnel Board. The director shall be responsible for the proper administration of the Mississippi Department of Compulsory School Attendance Enforcement in conformity with the Mississippi Compulsory School Attendance Law and any other rules, regulations or policies that may be adopted by the board.

(2) The Legislature shall appropriate annually to the department funding for adequate office space and such clerical and support personnel that may be necessary for the administration of the department. This shall include the office of the executive director and the office of the school attendance officer supervisors. The salary and the school attendance officer supervisors shall be set by the board.

SECTION 5. The Mississippi Board for Compulsory School Attendance Enforcement shall have the following powers and duties, in addition to all others imposed or granted by law:

(a) To establish any rules, regulations, policies or guidelines concerning 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 direct the department in providing to school districts failing to meet the established standards for enrollment and attendance assistance in reducing absenteeism or the dropout rates in those districts;

(c) To establish any qualifications, in addition to those required under Section 7 of this act, for school attendance officers as the board deems necessary to further the purposes of the Mississippi Compulsory School Attendance Law;

(d) To direct the department in the development and implementation of 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 department;

(e) To direct the department 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 attendance officer in the state;

(f) To direct the department to publish a report each year, in conjunction with the State Department of Education, on the work of school attendance officers in each school district concerning enforcement of the Mississippi Compulsory School Attendance Law. The report shall include: figures reflecting school attendance violations and reductions or increases in the school dropout rates; information describing attendance-related problems and proposed solutions for those problems; and any other information that the department may require. The report shall be submitted to the Mississippi Board for Compulsory School Attendance Enforcement, the State Board of Education and the Education Committees of the Senate and House of Representatives before the first day of July for the immediately preceding school year;

(g) To require the department to provide the State Department of Education statistical information concerning absenteeism, dropouts and other attendance-related problems as requested by the State Department 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 board as school attendance officers;

(j) To adopt any rules, regulations, guidelines or policies the board deems necessary to effectuate an orderly transition from the administration of school attendance officers by district attorneys to their administration by the department;

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

(l) To adopt any other rules, regulations, policies or guidelines that the board deems necessary for the enforcement of the Mississippi Compulsory School Attendance Law.

SECTION 6. (1) The Executive Director of the Department of Compulsory School Attendance Enforcement shall appoint nine (9) school attendance officer supervisors, each to maintain an office within a different Highway Patrol District. Each supervisor shall be responsible for the enforcement of the Mississippi Compulsory School Attendance Law within his district and shall exercise direct supervision over the school attendance officers under his jurisdiction, as established by the executive director, in the district. The supervisors, who shall report directly to the executive director, shall assist the school attendance officers in the performance of their duties as established by law or otherwise.

(2) The qualifications of a school attendance officer supervisor shall be as follows:

(a) They shall have seven (7) years of actual experience as a school attendance officer as of January 1, 1998;

(b) They shall be a licensed social worker;

(c) They shall possess a college degree with a major in a behavioral science or related field; however, this requirement shall not apply to persons employed as school attendance officers before January 1, 1987;

(d) They shall be appointed from the district in which they currently serve as school attendance officer;

(e) They shall have on file with the director certificates proving attendance at annual training seminars; and

(f) They also shall satisfy any additional requirements that may be established by the board for the position of school attendance officer.

(3) The initial appointments to the position of school attendance officer supervisor shall be made from persons employed as school attendance officers on January 1, 1998. Initial appointments shall be made from school attendance officers having seven (7) years of service as a school attendance officer as of January 1, 1998.

SECTION 7. (1) In each Highway Patrol District within the state, there shall be employed the number of school attendance officers determined by the Mississippi Board for Compulsory School Enforcement to be necessary to adequately enforce the provisions of the Mississippi Compulsory School Attendance Law. This shall be based on a formula of 1:2500 compulsory school-age children until a given county has five (5) school attendance officers. Thereafter, a formula of 1:5000 compulsory school age children shall be in effect in each county. There shall be no limit on the number of school attendance officers in each county.

(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 board or the State Personnel Board 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; however, no school attendance officer shall monitor or supervise any child after such time that an adjudication has been made by the court;

(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 promptly the home of each compulsory-school-age child in the school district within the officer's jurisdiction who has been reported to the school attendance officer in accordance with Section 37-13-91. The school attendance officer shall at such time give written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance. Written notice shall consist of a copy of the report from the school along with a copy of the law.

(g) Collect and maintain information concerning absenteeism, dropouts and other attendance-related problems, as may be required by law or the Mississippi Department of Compulsory School Attendance Enforcement; and

(h) Perform all other duties relating to compulsory school attendance established by the board or district school attendance supervisor, or both.

(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 under the Mississippi Department of Compulsory School Attendance Enforcement and an identification card designed by the board and issued by the school attendance officer supervisor. Neither the badge or the identification card shall bear the name of any elected public official.

SECTION 8. Section 37-13-91, Mississippi Code of 1972, is reenacted and 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 the 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 said 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 pursuant to Section 7 of House Bill No. , 1998 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" for the purposes of this section shall mean 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 such child to enroll in and attend a public school or legitimate nonpublic school for the period of time that such 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 such children attending such 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 Mississippi Department of Compulsory School Attendance Enforcement 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 such child is enrolled in a nonpublic school, the name and address of such 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 such 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, after written notice of such noncompliance by the school attendance officer, comply with this subsection within ten (10) days after such notice or be in violation of this section. Provided, however, that in the event such 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 such 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 the provisions of this section. The provisions of 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 of an authorized school activity with the prior approval of the superintendent of the school district or his designee. Such 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 member 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 prior to 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 such 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 such child's parents adheres, requires or suggests the observance of a religious event. The approval of such 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 such absence must be gained from the superintendent of the school district or his designee prior to the absence but such 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 the provisions of this section who refuses or willfully fails to perform any of the duties imposed upon him or her under the provisions of 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 the provisions of 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 such 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 such child is eligible to attend, or that such child has accumulated twelve (12) unlawful absences during the school year at the public school in which such child has been enrolled, shall establish a prima facie case that such 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 the provisions of 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 such child is eligible to attend or such child has accumulated five (5) unlawful absences during the school year of the public school in which such child is enrolled, the school district superintendent shall, within two (2) school days or within five (5) calendar days, whichever is less, report such absences to the school attendance officer. The State Department of Education shall prescribe a uniform method for schools to utilize in reporting such unlawful absences to the school attendance officer. The superintendent, or his designee, shall report any student suspensions or student expulsions to the school attendance officer when they occur.

(7)  * * * When the school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsory-school-age child and is unable to effect said 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 such child is ordered may, in his discretion, assign such child to the alternative school program of such 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 the provisions of 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 9. 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 approved by the Mississippi Board for Compulsory School Attendance Enforcement. 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 Mississippi Board for Compulsory School Attendance Enforcement 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 and when and where it is to be conducted shall be approved by the board. A certificate of completion shall be furnished to those school attendance officers who complete the course. * * * Each certificate shall be made a permanent record of the school attendance officer supervisor's office 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 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 from the Judicial College.

SECTION 10. This act shall take effect and be in force from and after July 1, 1998.