Bill Text: MS HB1462 | 2026 | Regular Session | Introduced
Bill Title: Mental Health Day; authorize as excused absence from school.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB1462 Detail]
Download: Mississippi-2026-HB1462-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Education
By: Representative Nelson
House Bill 1462
AN ACT TO CREATE "THE MISSISSIPPI MENTAL HEALTH DAYS ACT"; TO AUTHORIZE MENTAL HEALTH DAYS AS EXCUSED ABSENCES UNDER THE COMPULSORY SCHOOL ATTENDANCE LAWS; TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, TO CONFORM THE COMPULSORY STUDENT ATTENDANCE POLICY TO INCLUDE MENTAL HEALTH DAYS AS AN EXCUSED ABSENCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This act shall be known and may be cited as the "Mississippi Mental Health Days Act."
(2) The purpose of this act is to recognize mental health as an essential component of student well being and academic success by establishing "Mental Health Days" as an excused absence category and by directing the Mississippi Department of Education to produce guidelines and a model policy to assist
schools in supporting students who use Mental Health Days.
SECTION 2. (1) A student may use up to two (2) consecutive school days as Mental Health Days.
(2) Except as otherwise provided by local policy, a student shall not use three (3) or more Mental Health Days in a single week or in two (2) consecutive weeks.
(3) Where additional absences are necessary due to a chronic or certified medical or mental health condition, schools shall provide leave and supports consistent with existing medical absence policies, individualized education programs (IEPs), 504 plans, and other applicable laws.
SECTION 3. (1) Each public school district, nonpublic school, and private school subject to the Public School Code shall adopt a Mental Health Day policy no later than the start of the 2026�2027 school year. Policies shall be consistent with the Department of Education's model policy and guidelines and shall include, at a minimum, the following components:
(a) A clear statement that Mental Health Days are excused absences and the conditions under which they may be used;
(b) Procedures for recording Mental Health Days in attendance systems;
(c) Designation of a school employee (e.g., counselor, social worker, or administrator) responsible for contacting any student who uses two (2) or more Mental Health Days within a semester to assess needs and connect the student with available supports;
(d) Confidentiality protections consistent with FERPA, state law, and applicable privacy requirements for health and mental health information; and
(e) Processes for referral to school-based or community mental health resources, and, where appropriate, procedures to involve parents or legal guardians in the provision of supports.
(2) The purpose of required staff contact is to identify underlying needs, facilitate timely interventions, and link students to counseling, mental health services, or other appropriate support.
SECTION 4. (1) The Mississippi Department of Education (MDE) shall develop and publish a Model Mental Health Day Policy and accompanying Guidelines within ninety (90) days of the effective date of this act. The Guidelines shall include:
(a) Evidence-based practices for integrating Mental Health Days into school wellness supports and attendance policies;
(b) Best practices for staff contact, intervention, referrals, and confidentiality protections;
(c) Sample forms and protocols for documenting Mental Health Days and for staff outreach;
(d) Recommended coordination with community mental health providers and telehealth resources; and
(e) Procedures for data collection and annual reporting while protecting student privacy.
(2) In developing the Model Policy and Guidelines, MDE shall convene a Consultation Group that includes students, parents, school administrators, teachers, counselors, and representatives of community mental health providers. The Consultation Group shall reflect the diversity of the state's public school population by geography, race, ethnicity, gender identity, and family income.
SECTION 5. Schools shall adopt local Mental Health Day policies consistent with the Model Policy prior to the start of the 2026�2027 school year. MDE shall provide training materials and technical assistance to districts and schools to support implementation, including resources for staff training on identifying students in need, conducting supportive outreach, maintaining confidential records, and making referrals to community services.
SECTION 6. Each school district and applicable nonpublic or private school shall annually report to MDE aggregated data on Mental Health Days, including the number of Mental Health Days taken and basic disaggregation by grade band and gender, provided that no personally identifiable information shall be included. MDE shall publish an annual summary of statewide data and recommendations for policy improvement, while ensuring all published data is de-identified and protects student privacy.
SECTION 7. The adoption of Mental Health Day policies shall be consistent with and not preempt rights provided under IDEA, Section 504, ADA, FERPA, or other applicable federal or state laws protecting student rights. Mental Health Day policies shall be implemented without discrimination on the basis of race, color, national origin, sex, disability, religion, or any other protected status under state or federal law.
SECTION 8. (1) Nothing in this act creates a new entitlement to funding; however, MDE shall identify and provide guidance on existing state and federal funding streams (including Medicaid school-based services where applicable), grants, and partnership opportunities to support school implementation.
(2) MDE shall assist districts in identifying community mental health partners and telehealth vendors to expand access to services, particularly in underserved and rural areas.
SECTION 9. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared severable.
SECTION 10. This act shall take effect and be in force from and after sixty (60) days following enactment.
SECTION 11. 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.
(j) "Mental Health Day" means a day excused from attendance to permit a student to obtain rest, treatment, counseling, or other care necessary to address mental or physical fatigue resulting from a certified mental health-related condition or an uncertified mental health-related condition, as those terms are defined in this section.
(k) "Certified mental health related condition" means a condition diagnosed by a licensed physician, psychologist, or mental health professional, including, but not limited to, anxiety, depression, attention deficit hyperactivity disorder, obsessive-compulsive disorder, autism spectrum conditions, eating disorders, substance use disorders, self-harm behaviors, and other clinically recognized conditions that materially affect a student's capacity to function in school. "Uncertified mental health-related condition" means a situational or undocumented condition that produces substantial emotional distress, trauma, or stress that impedes a student's ability to learn or participate in school, including, but not limited to, situational grief, acute stress reactions, traumatic exposure, severe academic burnout, or bullying reported to school personnel.
(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.
(d) When the child chooses to take a "Mental Health" day as defined by this act.
(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 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) 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 12. This act shall take effect and be in force from and after July 1, 2026.
