Bill Text: MS HB1189 | 2026 | Regular Session | Introduced
Bill Title: Special education compliance; revise provisions relating to school attendance, absenteeism and disciplinary issues.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB1189 Detail]
Download: Mississippi-2026-HB1189-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Education
By: Representative Crawford
House Bill 1189
AN ACT TO AMEND SECTION 37-13-107, MISSISSIPPI CODE OF 1972, TO REQUIRE EVERY SCHOOL ATTENDANCE OFFICER TO COMPLETE CERTAIN COMPREHENSIVE LEGAL TRAINING FOR THE INDIVIDUALS WITH DISABILITIES IN EDUCATION ACT (IDEA) AND SECTION 504 OF THE REHABILITATION ACT OF 1973; TO AMEND SECTION 37-11-18.1, MISSISSIPPI CODE OF 1972, TO REVISE THE TERMS "HABITUALLY DISRUPTIVE" AS IT PERTAINS TO STUDENTS WHO RECEIVE SPECIAL EDUCATION SERVICES UNDER AN INDIVIDUAL EDUCATION PLAN (IEP) OR A 504 PLAN; TO PROVIDE THAT A BEHAVIOR MODIFICATION PLAN SHOULD BE WRITTEN ONLY AFTER CERTAIN ASSESSMENTS ARE MADE FOR THE CHILD; TO PROVIDE CERTAIN EXCEPTIONS REGARDING EXPULSION OR ALTERNATIVE SCHOOL FOR A CHILD DEEMED HABITUALLY DISRUPTIVE, IF SUCH CHILD HAS A MODIFICATION PLAN AND RECEIVES SPECIAL EDUCATION SERVICES; TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CHILD'S ABSENCE IS EXCUSED WHEN IT RESULTS FROM THE CHILD'S DISABILITY UNDER IDEA OR OUTSIDE TREATMENT FOR SUCH DISABILITY UNDER IDEA; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES AND REGULATIONS THAT REQUIRE THE IMPLEMENTATION OF EVIDENCE-BASED PROCEDURES THAT ENCOURAGE EFFECTIVE INTERVENTIONS FOR ASSISTING INDIVIDUAL STUDENTS WHO ARE VULNERABLE TO CHRONIC ABSENTEEISM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 of the State Department of Education. Additionally, every school attendance officer shall be required to attend and complete a comprehensive legal training for the Individuals with Disabilities in Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 sponsored by the Office of Special Education of the Mississippi Department of Education. This training should enable school attendance officers to understand the legal rights of children with disabilities under IDEA or Section 504. This training shall also educate school attendance officers of the proper policies, procedures, and requirements for reporting a child with a potential disability to the school district so that the district can properly locate, identify and possibly evaluate that child in compliance with its legal duty of child find based on federal and state IDEA regulations. 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 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 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 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 2. Section 37-11-18.1, Mississippi Code of 1972, is amended as follows:
37-11-18.1. (1) For the purposes of this section:
(a) The term "disruptive behavior" means conduct of a student that is so unruly, disruptive or abusive that it seriously interferes with a schoolteacher's or school administrator's ability to communicate with the students in a classroom, with a student's ability to learn, or with the operation of a school or school-related activity, and which is not covered by other laws related to violence or possession of weapons or controlled substances on school property, school vehicles or at school-related activities. Such behaviors include, but are not limited to: foul, profane, obscene, threatening, defiant or abusive language or action toward teachers or other school employees; defiance, ridicule or verbal attack of a teacher; and willful, deliberate and overt acts of disobedience of the directions of a teacher; and
(b)
The term "habitually disruptive" refers to such actions of a student
which cause disruption in a classroom, on school property or vehicles or at a
school-related activity on more than two (2) occasions during a school year,
and to disruptive behavior that was initiated, willful and overt on the part of
the student and which required the attention of school personnel to deal with
the disruption. However, no student shall be considered to be habitually
disruptive
before the local school board
incorporates evidence-based practices and positive behavioral intervention
supports into individual school district policies and Codes of Conduct pursuant
to Section 37-11-54 and before the subsequent * * * development of a behavior modification plan for the
student in accordance with the code of student conduct and discipline plans of
the school district. Additionally, no student shall be considered
habitually disruptive if the student is either currently receiving special
education services under an Individual Education Plan (IEP) pursuant to the
Individuals with Disabilities in Education Act (IDEA) or services under a 504
Plan pursuant to the Rehabilitation Act of 1973. Furthermore, no student shall
be considered habitually disruptive who has not been determined to be eligible
for special education and related services yet the public agency had knowledge
that the child was a child with a disability before the disruptive behavior
that precipitated the disciplinary action occurred pursuant to 34 CFR Section
300.534.
(2) Every behavior modification plan written pursuant to this section must be developed by utilizing evidence-based practices and positive behavioral intervention supports. The behavior modification plan must be developed with input from the parent or guardian along with the school counselor, teachers, along with a psychologist or behavioral specialist. The plan should be developed (a) only after an assessment of the behavior which is conducted by identifying the "target" or problem behaviors; (b) observing the child, perhaps in different environments, and collecting data on the target behavior, the antecedents to the behavior, time the behavior occurs, situations where the behavior occurs, and the consequences of the behavior; (c) formulating a hypothesis about the cause(s) of the behavior and summary statement; (d) and developing an intervention(s) with the highest potential of changing the behavior. The need for a behavior modification plan should trigger the public agency to consider initiating child find processes under IDEA to identify, locate, and evaluate the minor child to determine if the child has a disability which is manifested by the habitually disruptive behavior and is entitled to special education services under the Individuals with Disabilities in Education Act (IDEA) or services under a 504 Plan pursuant to the Rehabilitation Act of 1973 for that disability. A Multidisciplinary Evaluation Team (MET) would have to be convened to determine if the student requires a comprehensive evaluation to determine eligibility for special education services under IDEA. Any student who does not qualify for special education services under IDEA must be considered for eligibility under a 504 Plan. The behavioral modification plan must be implemented no later than two (2) weeks after the occurrence of the disruptive behavior. (3) Any student who is thirteen (13) years of age or older for whom a behavior modification plan is developed by the school principal, reporting teacher and student's parent and which student does not comply with the plan shall be deemed habitually disruptive and subject to possible expulsion or alternative school on the occurrence of the third act of disruptive behavior during a school year, with the exception of students receiving special education services under an Individualized Education Program (IEP) pursuant to the Individuals with Disabilities in Education Act (IDEA) or services under a 504 Plan pursuant to the Rehabilitation Act of 1973. After the second act of disruptive behavior during a school year by a student, the public agency may consider initiating child find processes under IDEA to identify, locate, and evaluate the minor child to determine if the child has a disability which is manifested by the habitually disruptive behavior and is entitled to special education services under the Individuals with Disabilities Education Act (IDEA) or services under a 504 Plan pursuant to the Rehabilitation Act of 1973 for that disability. A Multidisciplinary Evaluation Team (MET) would have to be convened to determine if the student requires a comprehensive evaluation to determine eligibility for special education services under IDEA. Any student who does not qualify for special education services under IDEA must be considered for eligibility under a 504 Plan.
* * *
SECTION 3. 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 the State Department of Education 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.
(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, 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) A simple description of the type of education the compulsory-school-age child is receiving and, if the child is enrolled in a nonpublic school, the name and address of the school; and
(iv) The signature of the parent, guardian or custodian of the compulsory-school-age child or, for any or all compulsory-school-age child or children attending a 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 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 seeking the excuse of absence.
(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.
(l) An absence is excused when it results from the child's disability under the Individuals with Disabilities in Education Act (IDEA) or outside treatment for the child's disability under the IDEA. A child with a disability is defined in 20 USC Section 1401(3) and Mississippi State Board Policy Section 300.8.
(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 if such absences are the result of a disability under the Individuals with Disabilities in Education Act (IDEA) or Section 504 of the Rehabilitation Act of 1973 Section 504. A stay on truancy proceedings shall be implemented to determine if the absences may be the result of a disability under IDEA and the public agency is considered "on notice" that the child might have a disability. The school would then be required to initiate child find processes under IDEA to identify, locate, and evaluate the minor child to determine if the child has a disability and is entitled to special education services under the Individuals with Disabilities in Education Act (IDEA) or services under a 504 Plan pursuant to the Rehabilitation Act of 1973 for that disability. A Multidisciplinary Evaluation Team (MET) would have to be convened to determine if the student requires a comprehensive evaluation or re-evaluation for students already receiving services under IDEA or Section 504 to determine eligibility for special education services under IDEA. Any student who does not qualify for special education services under IDEA must be considered for eligibility under a 504 Plan. If the absence is a result of a disability under IDEA or Section 504, then the absence shall be excused pursuant to subsection 4(1) of this section and all truancy proceedings shall be dismissed. If the absence is not the result of a disability as defined under the IDEA or Section 504, then 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 days, whichever is less, the absences to the school attendance officer. The State Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful absences to the school attendance officer. The superintendent, or his designee, also shall report any student suspensions or student expulsions to the school attendance officer when they occur.
(7) When a school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance officer shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of competent jurisdiction as it pertains to parent or child. 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.
(9) The State Board of Education shall adopt rules and regulations requiring the implementation of evidence-based procedures that encourage effective interventions for assisting individual students who are vulnerable to chronic absences and, as necessary, schools and districts with high rates of chronic absenteeism.
(10) The State Board of Education shall adopt rules and regulations requiring all school attendance officers to complete mandatory legal training for IDEA and Section 504 sponsored by the Mississippi Department of Education Office of Special Education. This training should enable school attendance officers to understand the legal rights of children with disabilities under IDEA or Section 504. It shall also train school attendance officers on the proper policies, procedures, and requirements for reporting a child with a potential disability to the school district so that the district can properly locate, identify and possibly evaluate that child in compliance with its legal duty of child find based on federal and state IDEA regulations.
( * * *11) 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 4. This act shall take effect and be in force from and after July 1, 2026.
