Bill Text: MS HB73 | 2024 | Regular Session | Engrossed
Bill Title: School attendance officers; transfer responsibility of employment from MDE to local school districts.
Spectrum: Bipartisan Bill
Status: (Failed) 2024-04-02 - Died In Committee [HB73 Detail]
Download: Mississippi-2024-HB73-Engrossed.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Education
By: Representatives Owen, Yates
House Bill 73
(As Passed the House)
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 PROVIDE THAT REGIONAL COORDINATORS SHALL BE COMPENSATED AT THE SAME SALARY RECEIVED FOR FISCAL YEAR 2024 RATE PLUS AN ADDITIONAL 25%; 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 REQUIRE THE STATE DEPARTMENT OF EDUCATION AND THE MISSISSIPPI ASSOCIATION OF SCHOOL SUPERINTENDENTS TO SUBMIT A REPORT TO THE LEGISLATURE ON THE STATUS AND PROGRESS OF SCHOOL ATTENDANCE OFFICERS AS EMPLOYEES OF THE LUNCH SCHOOL DISTRICT; TO AMEND SECTION 37-13-107, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, TO REQUIRE THE LOCAL SCHOOL DISTRICT TO REPORT ANY UNEXCUSED ABSENCE OF A STUDENT TO THE SCHOOL ATTENDANCE OFFICER WITHIN 24 HOURS OF THE ABSENCE; 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 * * * and Dropout
Prevention * * *
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) * * *.
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 * * * an executive director for the Office
of Compulsory School Attendance Enforcement and Dropout Prevention, who
shall meet all qualifications established for * * * 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. * * *
SECTION 3. Section 37-13-85, Mississippi Code of 1972, is amended as follows:
37-13-85. The Office of Compulsory School Attendance Enforcement and Dropout Prevention shall have the following powers and duties, in addition to all others imposed or granted by law:
(a) To establish any
policies or guidelines * * *
to be used by local school districts for the employment of school attendance
officers which serve to effectuate a uniform system of enforcement under the
Mississippi Compulsory School Attendance Law throughout the state * * *;
(b) To * * *
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 * * * State Department of Education
to the supervision by the local school * * * district;
* * *
( * * *l) 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; * * *
( * * *m) 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 * * *
regional coordinators, each * * * of whom shall be responsible for
the enforcement of the Mississippi Compulsory School Attendance Law within his * * * or her region and shall * * * support and
provide technical assistance and professional development to the school
attendance officers in the * * * region. The * * * 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 * * * regional
coordinator. Further, a * * * 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. * * * The * * * regional
coordinators shall receive an annual salary to be set by the State
Superintendent of Public Education, provided that each regional coordinator
employed by the State Department of Education on June 30, 2024, shall be compensated
at the annual salary rate established for such position during the 2024 fiscal
year plus an additional twenty-five percent (25%), 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 * * *. 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, * * * 2024, all school attendance
officers employed pursuant to this section shall be employees of the * * * local school district.
* * * Local school districts shall employ all persons
employed as school attendance officers by * * * the State Department of Education
before July 1, * * *
2024, and shall assign them to school attendance responsibilities in the
school district in which they were employed before July 1, * * * 2024. * * *
(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 * * * local school districts
shall * * *
conduct criminal records background checks and current child abuse registry
checks on all persons applying for the position of school attendance officer
after July * * *
1, 2024. The criminal records information and registry checks must be
kept on file for any new hires. * * * To determine an applicant's suitability
for employment as a school attendance officer, the applicant must be
fingerprinted. If no disqualifying record is identified at the state level,
the Department of Public Safety shall forward the fingerprints to the Federal
Bureau of Investigation (FBI) for a national criminal history record check.
The applicant shall pay the fee, not to exceed Fifty Dollars ($50.00), for the
fingerprinting and criminal records background check; however, the * * * 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 * * * local school board of trustees, employee
of the * * * 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 * * * 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 * * * 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) * * * 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 * * *
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 * * * 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 * * * 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 * * *. 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).
( * * *7) The * * *salary * * * for school attendance officers * * * shall be based upon factors
including, but not limited to, education, professional certification and licensure,
and number of years of experience. School attendance 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 * * * a minimum salary * * * 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. * * *
* * *
( * * *8) * * * 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.
* * *
( * * *9) * * * 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 * * *.
* * *
( * * *10) The State Department of Education
shall provide all continuing education and training courses that school attendance
officers are required to complete under state law or rules and regulations of
the department.
(11) The State Department of Education and the Mississippi Association of School Superintendents shall provide a joint report on the status and progress of school attendance officers in their capacity as employees of local school districts and the fulfillment of their assigned duties and obligations to the Legislature for review and consideration during the 2026 Regular Session.
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 * * *.
(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;
( * * *iv) 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
( * * *v) The signature of the parent, guardian
or custodian of the compulsory-school-age child or, for any or all compulsory-school-age
child or children attending a charter school or
nonpublic school, the signature of the appropriate school official and the date
signed.
The certificate of enrollment shall be returned to the school attendance officer that serves the 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 * * * upon any occurrence of unexcused
absences during the school year of the public school in which the child is
enrolled, the school district superintendent, or his designee,
shall report * * * within * * * twenty-four
(24) hours of the unexcused absences the absences to the school attendance
officer. The * * * 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 * * *
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 * * * 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, * * * school attendance officers, agencies or subdivisions any
right or authority to control, manage, supervise or make any suggestion as to the
control, management or supervision of any private or parochial school or
institution for the education or training of children, of any kind whatsoever
that is not a public school according to the laws of this state; and this section
shall never be construed so as to grant, by implication or otherwise, any right
or authority to any state agency or other entity to control, manage, supervise,
provide for or affect the operation, management, program, curriculum,
admissions policy or discipline of any such school or home instruction program.
SECTION 7. Section 37-13-107, Mississippi Code of 1972, is amended as follows:
37-13-107. (1) Every school attendance officer shall be required annually to attend and complete a comprehensive course of training and education which is provided or approved by the Office of Compulsory School Attendance Enforcement and Dropout Prevention of the State Department of Education. Attendance shall be required beginning with the first training seminar conducted after the school attendance officer is employed as a school attendance officer.
(2) The Office of Compulsory
School Attendance Enforcement and Dropout Prevention shall provide or
approve a course of training and education for school attendance officers of
the state. The course shall consist of at least twelve (12) hours of training
per year. The content of the course of training and when and where it is to be
conducted shall be approved by the office. A certificate of completion shall
be furnished by the State Department of Education to those school attendance
officers who complete the course. Each certificate shall be made a permanent
record of the local school * * * district
where the school attendance officer is employed.
(3) Upon the failure of any person employed as a school attendance officer to receive the certificate of completion from the State Department of Education within the first year of his employment, the person shall not be allowed to carry out any of the duties of a school attendance officer and shall not be entitled to compensation for the period of time during which the certificate has not been obtained.
SECTION 8. This act shall take effect and be in force from and after July 1, 2024.
