MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Education

By: Representatives Owen, Yates

House Bill 73

AN ACT TO AMEND SECTION 37-13-81, 37-13-83, 37-13-85, 37-13-87 AND 37-13-89, MISSISSIPPI CODE OF 1972, TO CLARIFY THE NAME OF THE OFFICE OF COMPULSORY SCHOOL ATTENDANCE ENFORCEMENT AND DROPOUT PREVENTION WITHIN THE STATE DEPARTMENT OF EDUCATION; TO PROVIDE FOR THE APPOINTMENT OF AN EXECUTIVE DIRECTOR OF THE OFFICE BY THE STATE SUPERINTENDENT OF PUBLIC EDUCATION; TO TRANSFER THE RESPONSIBILITY FOR EMPLOYING AND ESTABLISHING THE DUTIES OF SCHOOL ATTENDANCE OFFICERS FROM THE STATE DEPARTMENT OF EDUCATION TO LOCAL SCHOOL DISTRICTS; TO ABOLISH THE THREE REGIONAL SCHOOL ATTENDANCE OFFICER POSITIONS AND REPLACE THOSE POSITIONS WITH REGIONAL COORDINATORS WHO SHALL BE RESPONSIBLE FOR ENFORCEMENT OF THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW WITHIN THEIR REGION; TO PROVIDE THAT THE STATE SUPERINTENDENT OF PUBLIC EDUCATION SHALL SET THE SALARY OF REGIONAL COORDINATORS; TO CLARIFY THE MINIMUM QUALIFICATIONS NECESSARY FOR SCHOOL ATTENDANCE OFFICERS AND REMOVE THE REQUIREMENT OF THE STATE PERSONNEL BOARD TO ESTABLISH ADDITIONAL QUALIFICATIONS FOR SCHOOL ATTENDANCE OFFICERS; TO PROVIDE THAT SCHOOL ATTENDANCE OFFICERS EMPLOYED BY THE STATE DEPARTMENT OF EDUCATION ON JULY 1, 2024, SHALL BE TRANSFERRED TO EMPLOYMENT STATUS AS EMPLOYEES OF THEIR RESPECTIVE SCHOOL DISTRICTS WITH WORK LOCATIONS THEREIN AND SHALL ENFORCE ATTENDANCE AT CHARTER SCHOOLS LOCATED WITHIN THE SCHOOL DISTRICT; TO PROVIDE FOR THE SHARING OF ADMINISTRATIVE AND COSTS SHARING RESPONSIBILITIES OF TWO OR MORE SCHOOL DISTRICTS WHICH WERE SIMULTANEOUSLY SERVED BY THE SAME SCHOOL ATTENDANCE OFFICER; TO PROVIDE FOR THE TRANSFER OF ANY UNUSED ACCUMULATED LEAVE; TO REQUIRE THE STATE TO PROVIDE FUNDING FOR ONE SCHOOL ATTENDANCE OFFICER FOR EVERY 3,000 COMPULSORY-SCHOOL-AGE CHILDREN IN ENROLLMENT IN THE PUBLIC SCHOOLS OF A COUNTY; TO ESTABLISH THE MINIMUM SALARY OF NEWLY HIRED SCHOOL ATTENDANCE OFFICERS BEGINNING JULY 1, 2024, AND AUTHORIZE LOCAL SCHOOL BOARDS TO PAY ADDITIONAL COMPENSATION ABOVE THE MINIMUM SALARY ON A SCALE ESTABLISHED BY THE LOCAL SCHOOL BOARD; TO PROVIDE THAT SCHOOL ATTENDANCE OFFICERS TRANSFERRED TO THE LOCAL SCHOOL DISTRICT FROM THE STATE DEPARTMENT OF EDUCATION SHALL BE COMPENSATED AT THE SAME SALARY RECEIVED FISCAL YEAR 2024 RATE PLUS AN ADDITIONAL 25%; TO PROVIDE THAT SCHOOL ATTENDANCE OFFICERS SHALL NOT EXPERIENCE ANY INTERRUPTION OF SERVICE WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE SCHOOL EMPLOYEES' HEALTH INSURANCE PLAN AS A RESULT OF THE TRANSFER OF EMPLOYMENT RESPONSIBILITY; TO AMEND SECTIONS 37-13-91 AND 37-13-107, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-13-81, Mississippi Code of 1972, is amended as follows:

     37-13-81.  There is created the Office of Compulsory School Attendance Enforcement * * *within the Office of and Dropout Prevention * * *of within the State Department of Education.  The office shall be responsible for the administration of a statewide system of enforcement of the Mississippi Compulsory School Attendance Law (Section 37-13-91) * * * and for the supervision of school attendance officers throughout the state.

     SECTION 2.  Section 37-13-83, Mississippi Code of 1972, is amended as follows:

     37-13-83.  The State Superintendent of Public Education shall appoint * * *a an executive director for the Office of Compulsory School Attendance Enforcement and Dropout Prevention, who shall meet all qualifications established for * * *school attendance officer supervisors regional coordinators and any additional qualifications that may be established by the State Superintendent of Public Education or State Personnel Board.  The executive director 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 * * *concerning 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 * * *, and to designate the number of school attendance officers which shall be employed to serve in each school district area;

          (b)  To * * *supervise and assist school attendance officer supervisors provide oversight and assistance to regional coordinators in the performance of their duties;

          (c)  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;

          (d)  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;

          (e)  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;

          (f)  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;

          (g)  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;

          (h)  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;

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

          (j)  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;

          (k)  To adopt any guidelines or policies the office deems necessary to effectuate an orderly transition from the supervision of school attendance officers by * * *district attorneys State Department of Education to the supervision by the local school * * *attendance officer supervisors district;

 * * *  (l)  Beginning on July 1, 1998, to require school attendance officer supervisors to employ persons employed by district attorneys before July 1, 1998, as school attendance officers without requiring such persons to submit an application or interview for employment with the State Department of Education;

          ( * * *ml)  To adopt policies or guidelines to assist local school districts with linking the duties of school attendance officers to the appropriate courts, law enforcement agencies and community service providers; * * *and

          ( * * *nm)  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

          (n)  To transfer all funds appropriated to the State Department of Education for school attendance officers to local school district on the same schedule as MAEP disbursements in accordance with Section 37-151-103.

     SECTION 4.  Section 37-13-87, Mississippi Code of 1972, is amended as follows:

     37-13-87.  (1)  The Executive Director of the Office of Compulsory School Attendance Enforcement and Dropout Prevention shall employ * * *three (3) school attendance officer supervisors regional coordinators, each * * * to maintain an office within a different Supreme Court district.  Each supervisor of whom shall be responsible for the enforcement of the Mississippi Compulsory School Attendance Law within his * * *district or her region and shall * * *exercise direct supervision over support and provide technical assistance and professional development to the school attendance officers in the * * *district region.  The * * *supervisors, who shall report to the director of the office, regional coordinators shall assist the school attendance officers in the performance of their duties as established by law or otherwise.  The regional coordinators may also perform any such other duties within the Office of Compulsory School Attendance Enforcement and Dropout Prevention as may be assigned by the State Superintendent of Public Education.

     (2)  No person having less than eight (8) years combined actual experience as a school attendance officer, school teacher, school administrator, law enforcement officer possessing a college degree with a major in a behavioral science or a related field, and/or social worker in the state shall be employed as a * * *school attendance officer supervisor regional coordinator.  Further, a * * *school attendance officer supervisor regional coordinator shall possess a college degree with a major in a behavioral science or a related field or shall have actual experience as a school teacher, school administrator, law enforcement officer possessing such degree or social worker; however, these requirements shall not apply to persons employed as school attendance officers before January 1, 1987.  * * *School attendance officers shall meet any additional qualifications established by the State Personnel Board for school attendance officers or school attendance officer supervisors. The * * *school attendance officer supervisors regional coordinators shall receive an annual salary to be set by the State Superintendent of Public Education, subject to the approval of the State Personnel Board.

     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 provisions of the Mississippi Compulsory School Attendance Law * * *; however, this number shall not exceed one hundred fifty‑three (153) school attendance officers at any time.  In any school district where charter schools operate, the school district's school attendance officer shall also enforce the provisions of the Mississippi Compulsory School Attendance Law for those charter schools.  From and after July 1, * * *1998 2024, all school attendance officers employed pursuant to this section shall be employees of the * * *State Department of Education local school district.  * * *The State Department of Education Local school districts shall employ all persons employed as school attendance officers by * * *district attorneys the State Department of Education before July 1, * * *1998 2024, and shall assign them to school attendance responsibilities in the school district in which they were employed before July 1, * * *1998 2024.  * * *The first twelve (12) months of employment for each school attendance officer shall be the probationary period of state service.

          (b)  If a school attendance officer employed by the State Department of Education performed services in two (2) or more school districts during the 2023-2024 school year, that school attendance officer shall continue to serve the same two (2) or more school districts for the 2024-2025 school year.  For purposes of employment, the school attendance officer shall be assigned to the school district with the largest student enrollment, and that school district shall serve as the fiscal agent, with funding shared with the partnering districts.  Effective on July 1, 2025, if two (2) or more school districts  fall below a certain number of students enrolled, to be determined by the State Department of Education, or are only provided funding for one-half (1/2) of the salary of the school attendance officer, those school districts are authorized, in the discretion of their respective local school board, to enter into an agreement for the purposes of sharing a school attendance officer.  The agreement shall designate which district shall serve as the fiscal agent and the mutually agreed upon salary for the school attendance officer.  The agreement shall be duly adopted by resolution of the participating school boards as reflected in the minutes of each school board and approved by the Office of Compulsory School Attendance Enforcement and Dropout Prevention.

     (2)  (a)  The * * *State Department of Education local school districts shall * * *obtain current conduct criminal records background checks and current child abuse registry checks on all persons applying for the position of school attendance officer after July * * *2, 2002 1, 2024.  The criminal records information and registry checks must be kept on file for any new hires.  * * *In order 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 * * *State Department of Education local 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 * * *State Board of Education local school board of trustees, employee of the * * *State Department of Education local 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 * * *State Board of Education local 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 * * *State Board of Education local 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)  * * *A No local school district, school district employee, member of the State Board of Education or employee of a school under the purview of the State * * *Department Board of Education * * *may not shall be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this section.

     (3)  Each school attendance officer shall possess a college degree with a major in a behavioral science or a related field or shall have no less than three (3) years combined actual experience as a school teacher, school administrator, law enforcement officer possessing such degree, and/or social worker; however, these requirements 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 * * *State Personnel Board for the position of school attendance officer 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;

          (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 local 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 * * *State Department of Education or district school attendance supervisor, or both local 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 * * * under the Office of Compulsory School Attendance Enforcement of the State Department of Education and an identification card designed by the State Superintendent of Public Education and issued by the school attendance officer supervisor.  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 local school district for every three thousand (3,000) compulsory-school-age children, as defined by 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).

     ( * * *67)  The * * *State Personnel Board shall develop a salary * * *scale for school attendance officers * * *as part of the variable compensation plan.  The various pay ranges of the salary scale shall be based upon factors including, but not limited to, education, professional certification and licensure, and number of years of experience.  School attendance must meet the minimum requirements as identified in subsection (3) of this section.  Effective July 1, 2024, any newly hired school attendance officers shall be paid * * *in accordance with this a minimum salary * * *scale of Thirty Thousand Dollars ($30,000.00).  Local school districts may pay additional compensation above the minimum salary on a schedule established by the local school board.  * * *  The minimum salaries under the scale shall be no less than the following:

 * * *  (a)  For school attendance officers holding a bachelor's degree or any other attendance officer who does not hold such a degree, the annual salary shall be based on years of experience as a school attendance officer or related field of service or employment, no less than as follows:

  Years of Experience     Salary

   0 ‑ 4 years   $24,528.29

   5 ‑ 8 years   26,485.29

  9 ‑ 12 years   28,050.89

   13 ‑ 16 years   29,616.49

   Over 17 years   31,182.09

  (b)  For school attendance officers holding a license as a social worker, the annual salary shall be based on years of experience as a school attendance officer or related field of service or employment, no less than as follows:

  Years of Experience     Salary

   0 ‑ 4 years   $25,558.29

   5 ‑ 8 years   27,927.29

   9 ‑ 12 years   29,822.49

   13 ‑ 16 years   31,717.69

   17 ‑ 20 years   33,612.89

   Over 21 years   35,415.39

  (c)  For school attendance officers holding a master's degree in a behavioral science or a related field, the annual salary shall be based on years of experience as a school attendance officer or related field of service or employment, no less than as follows:

  Years of Experience     Salary

   0 ‑ 4 years   $26,382.29

   5 ‑ 8 years   29,008.79

   9 ‑ 12 years   31,109.99

   13 ‑ 16 years   33,211.19

   17 ‑ 20 years   35,312.39

  Over 21 years  37,413.59

     ( * * *78)  * * *(a)  Each school attendance officer employed by a district attorney on June 30, 1998, who became an employee of the State Department of Education on July 1, 1998, shall be awarded credit for personal leave and major medical leave for his continuous service as a school attendance officer under the district attorney, and if applicable, the youth or family court or a state agency.  The credit for personal leave shall be in an amount equal to one‑third (1/3) of the maximum personal leave the school attendance officer could have accumulated had he been credited with such leave under Section 25‑3‑93 during his employment with the district attorney, and if applicable, the youth or family court or a state agency.  The credit for major medical leave shall be in an amount equal to one‑half (1/2) of the maximum major medical leave the school attendance officer could have accumulated had he been credited with such leave under Section 25‑3‑95 during his employment with the district attorney, and if applicable, the youth or family court or a state agency. However, if a district attorney who employed a school attendance officer on June 30, 1998, certifies, in writing, to the State Department of Education that the school attendance officer had accumulated, pursuant to a personal leave policy or major medical leave policy lawfully adopted by the district attorney, a number of days of unused personal leave or major medical leave, or both, which is greater than the number of days to which the school attendance officer is entitled under this paragraph, the State Department of Education shall authorize the school attendance officer to retain the actual unused personal leave or major medical leave, or both, certified by the district attorney, subject to the maximum amount of personal leave and major medical leave the school attendance officer could have accumulated had he been credited with such leave under Sections 25‑3‑93 and 25‑3‑95. Each school attendance officer employed by the State Department of Education on June 30, 2024, shall be transferred from state services under the authority of the State Personnel Board to employment status as an employee of the respective school district of assignment and shall be paid at the salary established for the 2024 fiscal year plus an additional twenty-five percent (25%).  Each school attendance officer shall have a work location within the school district they serve.  Each school attendance officer who became an employee of the local school district on July 1, 2024, 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 the provision of Section 37-7-307, unless otherwise provided.

 * * * (b)  For the purpose of determining the accrual rate for personal leave under Section 25‑3‑93 and major medical leave under Section 25‑3‑95, the State Department of Education shall give consideration to all continuous service rendered by a school attendance officer before July 1, 1998, in addition to the service rendered by the school attendance officer as an employee of the department.

  (c)  In order for a school attendance officer to be awarded credit for personal leave and major medical leave or to retain the actual unused personal leave and major medical leave accumulated by him before July 1, 1998, the district attorney who employed the school attendance officer must certify, in writing, to the State Department of Education the hire date of the school attendance officer.  For each school attendance officer employed by the youth or family court or a state agency before being designated an employee of the district attorney who has not had a break in continuous service, the hire date shall be the date that the school attendance officer was hired by the youth or family court or state agency.  The department shall prescribe the date by which the certification must be received by the department and shall provide written notice to all district attorneys of the certification requirement and the date by which the certification must be received.

     ( * * *89)  * * *(a) School attendance officers shall maintain regular office hours on a year-round basis as determined by the local 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 * * *, regardless of the school attendance officer's status as an employee of the State Department of Education, and compensatory leave may not be awarded to the school attendance officer for working during that day.  However, a school attendance officer may be allowed by the school attendance officer's supervisor to use earned leave on such days.

 * * * (b)  The State Department of Education annually shall designate a period of six (6) consecutive weeks in the summer between school years during which school attendance officers shall not be required to report to work.  A school attendance officer who elects to work at any time during that period may not be awarded compensatory leave for such work and may not opt to be absent from work at any time other than during the six (6) weeks designated by the department unless the school attendance officer uses personal leave or major medical leave accrued under Section 25‑3‑93 or 25‑3‑95 for such absence.

     ( * * *910)  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.

     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 and one-half (5-1/2) 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, 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 local school district, wherein they received additional support and technical assistance from the State Department of Education's Office of Compulsory School Attendance Enforcement and Dropout Prevention * * * pursuant to Section 37‑13‑89.

          (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.

          (j)  "Regional coordinator" refers to the regional coordinators who exercise oversight and provide technical assistance to school attendance officers in a geographical region. Each regional coordinator shall be employed by the State Department of Education.

     (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 charter school or nonpublic school, or 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 of the State Department 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)  The local public school district where the compulsory-school-age child resides;

              ( * * *iiiiv)  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

              ( * * *ivv)  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 local public school district 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 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-seven percent (37%) 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:

          (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.

          (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.

          (j)  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.

          (k)  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.

     (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, or his designee, shall report * * *, within two (2) school days or within five (5) * * *calendar school days, * * *whichever is less, the absences to the school attendance officer.  The * * *State Department of Education local 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 verify 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 * * *for the purpose of reprimanding any school superintendents who fail to timely report unexcused absences under the provisions of this section to sanction school districts that do not adhere to said policy through 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, * * *any of its 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 * * *attendance officer supervisor's office 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.  This act shall take effect and be in force from and after July 1, 2024.