Bill Text: MS SB2103 | 2026 | Regular Session | Enrolled
Bill Title: Education; provide pay increases, revise counseling ethical requirements, and reform school attendance law.
Sponsorship: Partisan Bill (Republican 1)
Status: (Passed) 2026-04-08 - Approved by Governor [SB2103 Detail]
Download: Mississippi-2026-SB2103-Enrolled.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Education
By: Senator(s) Hill
Senate Bill 2103
(As Sent to Governor)
AN ACT TO AMEND SECTION 37-9-79, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISION THAT REQUIRES PROFESSIONAL SCHOOL COUNSELORS TO ABIDE BY THE AMERICAN SCHOOL COUNSELOR ASSOCIATION CODE OF ETHICS; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO ADOPT REGULATIONS REGARDING THE ACTIVITIES OF PROFESSIONAL SCHOOL COUNSELORS, INCLUDING A MODEL CODE OF PROFESSIONAL ETHICS; TO AMEND SECTION 37-19-7, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AN INCREASE TO THE MINIMUM TEACHER SALARY SCALE; TO PROVIDE AN ANNUAL SALARY SUPPLEMENT TO LICENSED SPECIAL EDUCATION TEACHERS EMPLOYED BY A SCHOOL DISTRICT ON A FULL-TIME BASIS TO PROVIDE SPECIAL EDUCATION INSTRUCTION, TO LICENSED OCCUPATIONAL THERAPISTS AND TO CERTIFIED SCHOOL PSYCHOLOGISTS; TO AMEND SECTION 37-21-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO SCHOOL DISTRICT SHALL REDUCE THE LOCAL SUPPLEMENT OR PAY AN INDIVIDUAL ASSISTANT TEACHER LESS THAN THE STATE MINIMUM SALARY IN A YEAR IN WHICH THE STATE MINIMUM SALARY IS INCREASED; TO PROVIDE FOR A REDUCTION IN FUNDS FOR DISTRICTS THAT VIOLATE THIS SECTION; TO PROVIDE THAT NO DISTRICT SHALL PAY ANY ASSISTANT TEACHER LESS THAN THE STATE MINIMUM SALARY UNLESS DONE SO BY A PRO RATA DAILY AMOUNT WHERE THERE HAS BEEN A REDUCTION IN TOTAL FUNDING FORMULA ALLOCATIONS FOR SUCH DISTRICT IN SUCH YEAR OR IN THE AMOUNT OF FEDERAL FUNDS TO SUCH DISTRICT FROM THE PREVIOUS YEAR; TO PROVIDE FOR AN INCREASE TO THE MINIMUM BASE SALARY FOR ASSISTANT TEACHERS; TO AMEND SECTION 37-151-203, MISSISSIPPI CODE OF 1972, TO INCREASE THE AMOUNT OF THE BASE STUDENT COST; TO AMEND SECTIONS 37-13-89 AND 37-13-91, MISSISSIPPI CODE OF 1972, TO REVISE QUALIFICATIONS FOR SCHOOL ATTENDANCE OFFICERS; TO DIRECT THE STATE TO PROVIDE FUNDING FOR ONE SCHOOL ATTENDANCE OFFICER FOR EVERY 4,000 COMPULSORY-SCHOOL-AGED CHILDREN IN ENROLLMENT IN THE PUBLIC SCHOOLS; TO INSTITUTE A NEW MINIMUM SALARY SCHEDULE FOR SCHOOL ATTENDANCE OFFICERS; TO PROVIDE THAT EACH SCHOOL ATTENDANCE OFFICER MAY RECEIVE AN ANNUAL SALARY SUPPLEMENT FROM THE SCHOOL DISTRICT IN WHICH HE OR SHE SERVES, AT THE DISCRETION OF THE DISTRICT; TO REFORM THE MISSISSIPPI COMPULSORY SCHOOL ATTENDANCE LAW; TO AMEND SECTIONS 37-9-39 and 37-151-103, MISSISSIPPI CODE OF 1972, TO REVISE THE TIME IN DECEMBER WHEN SCHOOL DISTRICTS SHALL PROCESS PAYROLL FOR ALL EMPLOYEES FROM THE LAST WORKING DAY TO A TIME CONSISTENT WITH OTHER MONTHLY INSTALLMENTS AS A MEANS OF PREVENTING THE 45-DAY GAP BETWEEN TEACHER PAY PERIODS FROM THE DECEMBER PAY DATE TO JANUARY PAY DATE; TO REPEAL SECTION 25-11-126, MISSISSIPPI CODE OF 1972, WHICH CONTAINS PROVISIONS FOR RETIRED TEACHERS RETURNING TO WORK WHILE CONTINUING TO DRAW RETIREMENT BENEFITS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-9-79, Mississippi Code of 1972, is amended as follows:
37-9-79. (1) Beginning with the 2014-2015 school year, the assignment of K-12 Professional School Counselors to the particular schools within the district shall be at the discretion of the local school board with the following restrictions:
(a) No individual shall be employed as a professional school counselor without a minimum of a Master's Degree in Guidance and Counseling, or in an emergency situation, an appropriate certification as determined by the Commission of Teacher and Administrator Education, Certification and Licensure and Development; and
(b) Professional school counselors shall provide the following comprehensive counseling services:
(i) Academic and personal/social counseling;
(ii) Use multiple student data sources to help students make informed academic and career choices;
(iii) Career and educational counseling;
(iv) Individual and group counseling (large/small);
(v) Crisis intervention and preventive counseling;
(vi) Referrals to community agencies;
(vii) Educational consultations and collaboration with teachers, administrators, parents and community leaders;
(viii) Educational and career placement services;
(ix) Follow-up counseling services;
(x) Conflict resolution; and
(xi) Professional school counselors must spend a minimum of eighty percent (80%) of their contractual time to the delivery of services to students as outlined by the American School Counselor Association. Delivery of services is the direct service provided to students, parents, school staff and the community which are interaction between professional school counselors and students. These direct services may include the delivery of the following:
1. School counseling core curriculum: This curriculum is designed to help students attain the desired competencies and to provide all students with the knowledge, attitudes and skills appropriate for their developmental level. The school counseling core curriculum is delivered throughout the school's overall curriculum and may be presented by professional school counselors in collaboration with other professional educators and other resources. Collaborative efforts may be implemented to enhance the services provided.
2. Individual student planning: Professional school counselors coordinate ongoing systemic activities or individual/group sessions designed to assist students in establishing personal/social goals and developing future career plans.
3. Responsive services: Responsive services are designed to meet students' immediate needs and concerns in regard to social/personal issues. Responsive services may include counseling in individual, small-group settings, or crisis responses.
4. Indirect Student Services: Indirect services are provided on behalf of students as a result of the school counselors' interactions with others including referrals for additional assistance, consultation and collaboration with parents, teachers, other educators and community organizations.
(2) * * * [Deleted]
(3) The State Department of
Education * * *
shall adopt regulations regarding the activities of the professional
school counselor as are not inconsistent with this section, including a
model code of professional ethics that may be adopted by local school boards.
SECTION 2. Section 37-19-7, Mississippi Code of 1972, is amended as follows:
37-19-7. (1) Teachers' salaries in each public school district shall be determined and paid in accordance with the scale for teachers' salaries as provided in this subsection. For teachers holding the following types of licenses or the equivalent as determined by the State Board of Education, and the following number of years of teaching experience, the scale shall be as follows:
* * *
2026-2027 AND SUBSEQUENT SCHOOL YEARS MINIMUM SALARY SCHEDULE
Exp. AAAA AAA AA A
0 47,500.00 46,000.00 45,000.00 43,500.00
1 48,100.00 46,550.00 45,525.00 43,900.00
2 48,700.00 47,100.00 46,050.00 44,300.00
3 49,300.00 47,650.00 46,575.00 44,700.00
4 49,900.00 48,200.00 47,100.00 45,100.00
5 51,250.00 49,500.00 48,350.00 46,300.00
6 51,850.00 50,050.00 48,875.00 46,700.00
7 52,450.00 50,600.00 49,400.00 47,100.00
8 53,050.00 51,150.00 49,925.00 47,500.00
9 53,650.00 51,700.00 50,450.00 47,900.00
10 55,000.00 53,000.00 51,700.00 49,100.00
11 55,600.00 53,550.00 52,225.00 49,500.00
12 56,200.00 54,100.00 52,750.00 49,900.00
13 56,800.00 54,650.00 53,275.00 50,300.00
14 57,400.00 55,200.00 53,800.00 50,700.00
15 58,750.00 56,500.00 55,050.00 51,900.00
16 59,350.00 57,050.00 55,575.00 52,300.00
17 59,950.00 57,600.00 56,100.00 52,700.00
18 60,550.00 58,150.00 56,625.00 53,100.00
19 61,150.00 58,700.00 57,150.00 53,500.00
20 62,500.00 60,000.00 58,400.00 54,700.00
21 63,100.00 60,550.00 58,925.00 55,100.00
22 63,700.00 61,100.00 59,450.00 55,500.00
23 64,300.00 61,650.00 59,975.00 55,900.00
24 64,900.00 62,200.00 60,500.00 56,300.00
25 67,400.00 64,700.00 63,000.00 58,800.00
26 68,000.00 65,250.00 63,525.00 59,200.00
27 68,600.00 65,800.00 64,050.00 59,600.00
28 69,200.00 66,350.00 64,575.00 60,000.00
29 69,800.00 66,900.00 65,100.00 60,400.00
30 70,400.00 67,450.00 65,625.00 60,800.00
31 71,000.00 68,000.00 66,150.00 61,200.00
32 71,600.00 68,550.00 66,675.00 61,600.00
33 72,200.00 69,100.00 67,200.00 62,000.00
34 72,800.00 69,650.00 67,725.00 62,400.00
35
& above 73,400.00 70,200.00 68,250.00 62,800.00
* * *
It is the intent of the Legislature that any state funds made available for salaries of licensed personnel in excess of the funds paid for such salaries for the 1986-1987 school year shall be paid to licensed personnel pursuant to a personnel appraisal and compensation system implemented by the State Board of Education. The State Board of Education shall have the authority to adopt and amend rules and regulations as are necessary to establish, administer and maintain the system.
All teachers employed on a full-time basis shall be paid a minimum salary in accordance with the above scale. However, no school district shall receive any funds under this section for any school year during which the local supplement paid to any individual teacher shall have been reduced to a sum less than that paid to that individual teacher for performing the same duties from local supplement during the immediately preceding school year. The amount actually spent for the purposes of group health and/or life insurance shall be considered as a part of the aggregate amount of local supplement but shall not be considered a part of the amount of individual local supplement.
The level of professional training of each teacher to be used in establishing the salary for the teacher for each year shall be determined by the type of valid teacher's license issued to that teacher on or before October 1 of the current school year. However, school districts are authorized, in their discretion, to negotiate the salary levels applicable to licensed employees who are receiving retirement benefits from the retirement system of another state.
(i) Any licensed teacher or retired teacher employed by a school district under the authority of Section 25-11-126 who has met the requirements and acquired a Master Teacher certificate from the National Board for Professional Teaching Standards and who is employed by a local school board or the State Board of Education as a teacher and not as an administrator. Such teacher shall submit documentation to the State Department of Education that the certificate was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the teacher shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(ii) A licensed nurse who has met the requirements and acquired a certificate from the National Board for Certification of School Nurses, Inc., and who is employed by a local school board or the State Board of Education as a school nurse and not as an administrator. The licensed school nurse shall submit documentation to the State Department of Education that the certificate was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school nurse shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(iii) Any licensed school counselor who has met the requirements and acquired a National Certified School Counselor (NCSC) endorsement from the National Board of Certified Counselors and who is employed by a local school board or the State Board of Education as a counselor and not as an administrator. Such licensed school counselor shall submit documentation to the State Department of Education that the endorsement was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school counselor shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. However, any school counselor who started the National Board for Professional Teaching Standards process for school counselors between June 1, 2003, and June 30, 2004, and completes the requirements and acquires the Master Teacher certificate shall be entitled to the master teacher supplement, and those counselors who complete the process shall be entitled to a one-time reimbursement for the actual cost of the process as outlined in paragraph (b) of this subsection.
(iv) Any licensed speech-language pathologist and audiologist who has met the requirements and acquired a Certificate of Clinical Competence from the American Speech-Language-Hearing Association and any certified academic language therapist (CALT) who has met the certification requirements of the Academic Language Therapy Association and who is employed by a local school board or the State Board of Education as a certified academic language therapist and not as an administrator. The licensed speech-language pathologist and audiologist and certified academic language therapist shall submit documentation to the State Department of Education that the certificate or endorsement was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed speech-language pathologist and audiologist and certified academic language therapist shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(v) Any licensed athletic trainer who has met the requirements and acquired Board Certification for the Athletic Trainer from the Board of Certification, Inc., and who is employed by a local school board or the State Board of Education as an athletic trainer and not as an administrator. The licensed athletic trainer shall submit documentation to the State Department of Education that the certificate was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed athletic trainer shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(b) The following employees shall receive an annual salary supplement in the amount of Two Thousand Dollars ($2,000.00), plus fringe benefits, in addition to any other compensation to which the employee may be entitled:
(i) Any licensed special education teacher employed by a school district on a full-time basis and specifically providing special education instruction to the population of exceptional students so entitled to such instruction as required in Chapter 23, Title 37, Mississippi Code of 1972, and in compliance with IDEA.
(ii) Any occupational therapist who has met the requirements and acquired initial certification as an Occupational Therapist Registered from the National Board Certification of Occupational Therapy, Inc., and who is employed by a local school board or the State Board of Education as an occupational therapist and not as an administrator. The licensed occupational therapist shall submit documentation to the State Department of Education that the certification was received before October 15 of each year in order to be eligible for the full salary supplement in the current school year, or the occupational therapist shall submit the documentation to the State Department of Education before February 15 of each year in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(iii) Any school psychologist who has met the requirements and acquired the proper certification as a Nationally Certified School Psychologist (NCSP) from the National Association of School Psychologists (NASP), is licensed to practice in the State of Mississippi, and is employed by a local school board or the State Board of Education as a school psychologist and not as an administrator. The school psychologist shall submit documentation to the State Department of Education that the certificate or endorsement was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the school psychologist shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
( * * *c) An employee shall be reimbursed for
the actual cost of completing each component of acquiring the certificate or
endorsement, excluding any costs incurred for postgraduate courses, not to
exceed Five Hundred Dollars ($500.00) for each component, not to exceed four
(4) components, for a teacher, school counselor or speech-language pathologist
and audiologist, regardless of whether or not the process resulted in the award
of the certificate or endorsement. A local school district or any private
individual or entity may pay the cost of completing the process of acquiring
the certificate or endorsement for any employee of the school district
described under paragraph (a), and the State Department of Education shall
reimburse the school district for such cost, regardless of whether or not the
process resulted in the award of the certificate or endorsement. If a private
individual or entity has paid the cost of completing the process of acquiring
the certificate or endorsement for an employee, the local school district may
agree to directly reimburse the individual or entity for such cost on behalf of
the employee.
( * * *d) All salary supplements, fringe
benefits and process reimbursement authorized under this subsection shall be
paid directly by the State Department of Education to the local school district
and shall be in addition to its allotments from the total funding formula
provided in Sections 37-151-200 through 37-151-215 and not a part thereof in
accordance with regulations promulgated by the State Board of Education. Local
school districts shall not reduce the local supplement paid to any employee
receiving such salary supplement, and the employee shall receive any local
supplement to which employees with similar training and experience otherwise
are entitled. However, an educational employee shall receive the salary
supplement in the amount of Six Thousand Dollars ($6,000.00) for only one (1)
of the qualifying certifications authorized under paragraph (a) of this
subsection. No school district shall provide more than one (1) annual salary
supplement under the provisions of this subsection to any one (1) individual
employee holding multiple qualifying national certifications.
( * * *e) If an employee for whom such cost
has been paid, in full or in part, by a local school district or private
individual or entity fails to complete the certification or endorsement
process, the employee shall be liable to the school district or individual or
entity for all amounts paid by the school district or individual or entity on
behalf of that employee toward his or her certificate or endorsement.
(3) The following employees shall receive an annual salary supplement in the amount of Four Thousand Dollars ($4,000.00), plus fringe benefits, in addition to any other compensation to which the employee may be entitled:
Effective July 1, 2016, if funds are available for that purpose, any licensed teacher or retired teacher employed by a local school district under the authority of Section 25-11-126 who has met the requirements and acquired a Master Teacher Certificate from the National Board for Professional Teaching Standards and who is employed in a public school district located in one (1) of the following counties: Claiborne, Adams, Jefferson, Wilkinson, Amite, Bolivar, Coahoma, Leflore, Quitman, Sharkey, Issaquena, Sunflower, Washington, Holmes, Yazoo and Tallahatchie. The salary supplement awarded under the provisions of this subsection (3) shall be in addition to the salary supplement awarded under the provisions of subsection (2) of this section.
Teachers who meet the qualifications for a salary supplement under this subsection (3) who are assigned for less than one (1) full year or less than full time for the school year shall receive the salary supplement in a prorated manner, with the portion of the teacher's assignment to the critical geographic area to be determined as of June 15th of the school year.
(4) (a) This subsection shall be known and may be cited as the "Mississippi Performance-Based Pay (MPBP)" plan. In addition to the minimum base pay described in this section, only if funds are available for that purpose, the State of Mississippi may provide monies from state funds to school districts for the purposes of rewarding licensed teachers, administrators and nonlicensed personnel at individual schools showing improvement in student test scores. The MPBP plan shall be developed by the State Department of Education based on the following criteria:
(i) It is the express intent of this legislation that the MPBP plan shall utilize only existing standards of accreditation and assessment as established by the State Board of Education.
(ii) To ensure that all of Mississippi's teachers, administrators and nonlicensed personnel at all schools have equal access to the monies set aside in this section, the MPBP program shall be designed to calculate each school's performance as determined by the school's increase in scores from the prior school year. The MPBP program shall be based on a standardized scores rating where all levels of schools can be judged in a statistically fair and reasonable way upon implementation. At the end of each year, after all student achievement scores have been standardized, the State Department of Education shall implement the MPBP plan.
(iii) To ensure all teachers cooperate in the spirit of teamwork, individual schools shall submit a plan to the local school district to be approved before the beginning of each school year. The plan shall include, but not be limited to, how all teachers, regardless of subject area, and administrators will be responsible for improving student achievement for their individual school.
(b) The State Board of Education shall develop the processes and procedures for designating schools eligible to participate in the MPBP. State assessment results, growth in student achievement at individual schools and other measures deemed appropriate in designating successful student achievement shall be used in establishing MPBP criteria.
(5) (a) If funds are available for that purpose, each school in Mississippi shall have mentor teachers, as defined by Sections 37-9-201 through 37-9-213, who shall receive additional base compensation provided for by the State Legislature in the amount of One Thousand Dollars ($1,000.00) per each beginning teacher that is being mentored. The additional state compensation shall be limited to those mentor teachers that provide mentoring services to beginning teachers. For the purposes of such funding, a beginning teacher shall be defined as any teacher in any school in Mississippi that has less than one (1) year of classroom experience teaching in a public school. For the purposes of such funding, no full-time academic teacher shall mentor more than two (2) beginning teachers.
(b) To be eligible for this state funding, the individual school must have a classroom management program approved by the local school board.
(6) Effective with the 2014-2015 school year, the school districts participating in the Pilot Performance-Based Compensation System pursuant to Section 37-19-9 may award additional teacher and administrator pay based thereon.
SECTION 3. Section 37-21-7, Mississippi Code of 1972, is amended as follows:
37-21-7. (1) This section shall be referred to as the "Mississippi Elementary Schools Assistant Teacher Program," the purpose of which shall be to provide an early childhood education program that assists in the instruction of basic skills. The State Board of Education is authorized, empowered and directed to implement a statewide system of assistant teachers in kindergarten classes and in the first, second and third grades. The assistant teacher shall assist pupils in actual instruction under the strict supervision of a licensed teacher.
(2) (a) Except as otherwise authorized under subsection (7), each school district shall employ the total number of assistant teachers funded under subsection (6) of this section. The superintendent of each district shall assign the assistant teachers to the kindergarten, first-, second- and third-grade classes in the district in a manner that will promote the maximum efficiency, as determined by the superintendent, in the instruction of skills such as verbal and linguistic skills, logical and mathematical skills, and social skills.
(b) If a licensed teacher to whom an assistant teacher has been assigned is required to be absent from the classroom, the assistant teacher may assume responsibility for the classroom in lieu of a substitute teacher. However, no assistant teacher shall assume sole responsibility of the classroom for more than three (3) consecutive school days. Further, in no event shall any assistant teacher be assigned to serve as a substitute teacher for any teacher other than the licensed teacher to whom that assistant teacher has been assigned.
(3) Assistant teachers shall have, at a minimum, a high school diploma or a High School Equivalency Diploma equivalent, and shall show demonstratable proficiency in reading and writing skills. The State Department of Education shall develop a testing procedure for assistant teacher applicants to be used in all school districts in the state.
(4) (a) In order to receive funding, each school district shall:
(i) Submit a plan on the implementation of a reading improvement program to the State Department of Education; and
(ii) Develop a plan of educational accountability and assessment of performance, including pretests and posttests, for reading in Grades 1 through 6.
(b) Additionally, each school district shall:
(i) Provide annually a mandatory preservice orientation session, using an existing in-school service day, for administrators and teachers on the effective use of assistant teachers as part of a team in the classroom setting and on the role of assistant teachers, with emphasis on program goals;
(ii) Hold periodic workshops for administrators and teachers on the effective use and supervision of assistant teachers;
(iii) Provide training annually on specific instructional skills for assistant teachers;
(iv) Annually evaluate their program in accordance with their educational accountability and assessment of performance plan; and
(v) Designate the necessary personnel to supervise and report on their program.
(5) The State Department of Education shall:
(a) Develop and assist in the implementation of a statewide uniform training module, subject to the availability of funds specifically appropriated therefor by the Legislature, which shall be used in all school districts for training administrators, teachers and assistant teachers. The module shall provide for the consolidated training of each assistant teacher and teacher to whom the assistant teacher is assigned, working together as a team, and shall require further periodic training for administrators, teachers and assistant teachers regarding the role of assistant teachers;
(b) Annually evaluate the program on the district and state level. Subject to the availability of funds specifically appropriated therefor by the Legislature, the department shall develop: (i) uniform evaluation reports, to be performed by the principal or assistant principal, to collect data for the annual overall program evaluation conducted by the department; or (ii) a program evaluation model that, at a minimum, addresses process evaluation; and
(c) Promulgate rules, regulations and such other standards deemed necessary to effectuate the purposes of this section. Noncompliance with the provisions of this section and any rules, regulations or standards adopted by the department may result in a violation of compulsory accreditation standards as established by the State Board of Education and the Commission on School Accreditation.
(6) Each school district
shall be allotted sufficient funding under the total funding formula provided
in Sections 37-151-200 through 37-151-215 for the purpose of employing assistant
teachers. * * * No school
district shall pay any assistant teacher less than the state minimum salary.
No district shall reduce the local supplement or amount paid to an individual
assistant teacher by the district below the state minimum salary contained in
this section from the previous year in a year in which the state minimum salary
is increased. Should any district violate this subsection (6), such district's
funding shall be reduced by twice the amount of such reduction when computing
the district's allocation of total funding formula funds. However, districts
are authorized to reduce the state minimum salary by a pro rata daily amount
where there has been a reduction in (a) total funding formula allocations for
such district in such year, or (b) the amount of federal funds to such district
compared to the amount received from the previous year. Nothing herein
contained shall prohibit any district from adopting or continuing a program or
plan whereby assistant teachers are paid varying salaries according to
classroom performance and other similar standards.
For assistant teachers, the minimum annual salary shall be as follows:
* * *
2026-2027 and Subsequent Years................... $19,000.00
In addition, for each one percent (1%) that the Sine Die General Fund Revenue Estimate Growth exceeds five percent (5%) in fiscal year 2006, as certified by the Legislative Budget Office to the State Board of Education and subject to the specific appropriation therefor by the Legislature, the State Board of Education shall revise the salary scale in the appropriate year to provide an additional one percent (1%) across-the-board increase in the base salaries for assistant teachers. The State Board of Education shall revise the salaries prescribed above for assistant teachers to conform to any adjustments made in prior fiscal years due to revenue growth over and above five percent (5%). The assistant teachers shall not be restricted to working only in the grades for which the funds were allotted, but may be assigned to other classes as provided in subsection (2)(a) of this section.
(7) (a) As an alternative to employing assistant teachers, any school district may use the funding provided under subsection (6) of this section for the purpose of employing licensed teachers for kindergarten, first-, second- and third-grade classes; however, no school district shall be authorized to use the funding for assistant teachers for the purpose of employing licensed teachers unless the district has established that the employment of licensed teachers using such funds will reduce the teacher:student ratio in the kindergarten, first-, second- and third-grade classes. All state funds for assistant teachers shall be applied to reducing teacher:student ratio in Grades K-3.
It is the intent of the Legislature that no school district shall dismiss any assistant teacher for the purpose of using the assistant teacher funding to employ licensed teachers. School districts may rely only upon normal attrition to reduce the number of assistant teachers employed in that district.
(b) Districts meeting the highest levels of accreditation standards, as defined by the State Board of Education, shall be exempted from the provisions of subsection (4) of this section.
SECTION 4. Section 37-151-203, Mississippi Code of 1972, is amended as follows:
37-151-203. (1) In fiscal
year * * * 2027,
the student base amount shall be * * * Seven Thousand Two Hundred
One Dollars and Seventy-seven Cents ($7,201.77) per student. In fiscal * * * year 2028, the
inflationary adjustment described in this section shall be applied to derive
the total funding formula. In fiscal year 2029, and every fourth fiscal year
thereafter, the State Board of Education, on or before August 1, with an adjusted
estimate no later than January 2, shall submit to the Legislative Budget
Office, the Chairmen of the Senate and House of Representatives Appropriations
and Education Committees, respectively, the Lieutenant Governor and the Speaker
of the House a new proposed student base amount calculation using the following
formula:
(a) Instructional cost. To determine the instructional cost, the department shall first calculate the state's student to teacher ratio. Such ratio shall be determined by dividing the net enrollment for public schools and charter schools in the state by the total number of teachers in such schools, as determined by the department, in months two (2) and three (3) of the school year preceding the year funds are to be appropriated. The student to teacher ratio shall be rounded up to the nearest whole number. After determining the student to teacher ratio, the average teacher salary shall be divided by the student-teacher ratio, and the resulting amount shall be considered the instructional cost. The average teacher salary shall be calculated by the department and include district local supplements as provided in Section 37-151-87, but shall not include the highest five percent (5%) and lowest five percent (5%) of district local supplements.
(b) Administrative cost; which shall be twenty percent (20%) of the instructional cost.
(c) Ancillary personnel and expenses; which shall be thirty percent (30%) of the instructional cost.
(d) Operation and maintenance of plant. For the plant and maintenance cost component, the State Department of Education shall select districts that have a ratio of plant and maintenance expenditures per one hundred thousand (100,000) square feet of building space and a ratio of maintenance workers per one hundred thousand (100,000) square feet of building space that are both between one (1) standard deviation above the mean and two (2) standard deviations below the mean of the statewide average. The plant and maintenance cost component shall be calculated by dividing the latest available months one (1) through nine (9) average daily attendance of the selected districts into the plant and maintenance expenditures of these selected districts. For the purpose of this calculation, the Department of Education shall use the following funds, functions and objects: Fund 1120 Functions 2600-2699, Objects 100-699 and Objects 800-999; Fund 2711 Functions 2600-2699, Objects 100-699 and Objects 800-999; Fund 2430 Functions 2600-2699, Objects 100-699 and Objects 800-999. Net enrollment means the percentage change from the prior year of each year of each school district's months two (2) and three (3) average of net enrollment for the three (3) immediately preceding school years of the year for which funds are being appropriated.
(2) For purposes of these calculations, the State Department of Education shall utilize financial data from the second preceding year of the year for which funds are being appropriated.
(3) For each of the fiscal years between the recalculation of the base student cost, the base student cost shall be increased by an amount equal to twenty-five percent (25%) of the base student cost for the previous fiscal year, multiplied by the twenty year average annual change in the rate of inflation rounded up to the nearest tenth of a percent for the State of Mississippi as determined by the State Economist, plus any adjustments for additional state requirements including, but not limited to, teacher pay raises and health insurance premium increases. The calculation shall be performed annually by the Department of Education, and the resulting amount shall replace base student cost from the previous year.
(4) In years when the total revenue of the state does not increase, the Legislature may retain the base student cost from the previous year. If the total revenue increases the following year, the formula shall be recalculated or increased according to inflation as provided in Sections 37-151-200 through 37-151-215.
(5) Base student cost shall not be lower than the previous year; provided, however, the base student cost may be lowered when the State Fiscal Officer provides notice to the Legislative Budget Office of a revenue shortfall in accordance with Section
27-104-13.
(6) By November 1, 2024, the department shall submit to the Legislative Budget Office, the Chairmen of the Senate and House of Representatives Appropriations and Education Committees, respectively, the Lieutenant Governor and the Speaker of the House, a report on the department's plan for implementation of the funding formula as specified under the provisions of Sections 37-151-200 through 37-151-215, and to recommend any technical amendments necessary for its effective administration before the commencement of the 2025 Regular Session of the Legislature.
(7) The annual amount of funding for the operation of each school district and charter school under the total funding formula as provided under Sections 37-151-200 through 37-151-215 is determined by multiplying the student base amount, as determined under Section 37-151-203, by the final weighted enrollment of the school district or charter school, as determined under Section 37-151-205.
SECTION 5. Section 37-13-89, Mississippi Code of 1972, is amended as follows:
37-13-89. (1) In each school district within the state, there shall be employed the number of school attendance officers determined by the Office of Compulsory School Attendance Enforcement 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 districts where charter schools operate, the home 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, all school attendance officers employed pursuant to this section shall be employees of the State Department of Education. The State Department of Education shall employ all persons employed as school attendance officers by district attorneys before July 1, 1998, and shall assign them to school attendance responsibilities in the school district in which they were employed before July 1, 1998. The first twelve (12) months of employment for each school attendance officer shall be the probationary period of state service.
(2) (a) The State Department of Education shall obtain current 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. 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, 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, employee of the State Department of Education 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, 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 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 member of the State Board of Education or employee of the State Department of Education may not 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 * * * at least one (1) of the following:
(a) A bachelor's degree with a major in behavioral science or a related field, including, but not limited to, social work, education, criminal justice, psychology or sociology;
(b) An associate's degree in behavioral science or a related field, plus two (2) years of full-time experience in education, social work, counseling, law enforcement or a comparable field involving direct services for children; or
(c) No less than three (3) years combined experience in a related role involving student support and engagement.
(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 or the Office of Compulsory School Attendance Enforcement; 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.
(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, as defined in Section 37-13-91(2)(g), for every four thousand (4,000) compulsory-school-aged children, as defined in Section 37-13-91(2)(f), in enrollment in the public schools.
( * * *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 officers must
meet the minimum requirements as identified in subsection (3) of this section.
Effective July 1, 2026, any newly hired school attendance officers shall be
paid * * * a
minimum salary as provided in the table below.
* * *
2026-2027 AND SUBSEQUENT SCHOOL YEARS MINIMUM SALARY SCHEDULE
Years of Experience Salary
0 years $29,528.29
1 year 30,028.29
2 years 30,528.29
3 years 31,028.29
4 years 31,528.29
5 years 32,028.29
6 years 32,528.29
7 years 33,028.29
8 years 33,528.29
9 years 34,028.29
10 years 34,528.29
11 years 35,028.29
12 years 35,528.29
13 years 36,028.29
14 years 36,528.29
15 years 37,028.29
16 years 37,528.29
17 years 38,028.29
18 years 38,528.29
19 years 39,028.29
20 years 39,528.29
21 years 40,028.29
22 years 40,528.29
23 years 41,028.29
24 years 41,528.29
25 years 42,028.29
26 years 42,528.29
27 years 43,028.29
28 years 43,528.29
29 years 44,028.29
30 years 44,528.29
31 years 45,028.29
32 years 45,528.29
33 years 46,028.29
34 years 46,528.29
35 years & above 47,028.29
Notwithstanding any provision to the contrary, no school attendance officer shall be paid a salary lower than he or she was earning on June 30, 2026.
In addition to the minimum salaries established above, each school attendance officer may receive an annual salary supplement, paid for by local funds, from the school district in which he or she serves.
( * * *8) (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.
(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.
( * * *9) (a) School attendance officers
shall maintain regular office hours on a year-round basis; 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.
( * * *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.
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 * * * the portion of a day during
which schools are in session and providing instruction to students, as set by
the school board and consistent with State Board of Education accreditation
requirements. For purposes of compulsory school attendance, a student shall be
considered in full-day attendance if present for at least sixty-six percent
(66%) of the student's school day, as defined by the State Board of Education.
(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 * * * shall complete a "certification of
enrollment" to facilitate the administration of this section. 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 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 charter school or 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 where the child
resides on or before * * * August 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) (a) 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-three
percent (33%) of the * * * instructional student's school 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:
( * * *i) 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.
( * * *ii) 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, and any absence after the
third must be documented by a written excuse by a medical provider.
( * * *iii) 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.
( * * *iv) 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.
( * * *v) An absence is excused when it
results from a medical or dental appointment of a compulsory-school-age child,
with a documented excuse from the medical provider.
( * * *vi) 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.
( * * *vii) 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.
( * * *viii) 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 * * *.
( * * *ix) 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.
( * * *x) 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.
( * * *xi) 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.
(b) Limitation on excused absences. Except as otherwise provided in this section, no compulsory-school-age child shall be granted more than five (5) excused absences per semester under subparagraphs (i) through (xi) of paragraph (a) of this subsection (4). Any additional excused absences beyond this limit must be specifically approved by the school district superintendent, or his or her designee, upon a showing of extenuating circumstances. Extenuating circumstances may include, but are not limited to, prolonged illness or injury supported by medical documentation, extended religious observances, or participation in educational opportunities of substantial merit, including out-of-state educational travel. Any absence in excess of this limit, and not approved by the superintendent, shall be considered unexcused for purposes of this chapter. Any absence in excess of the limit set forth in this subsection, and not approved by the superintendent, shall be considered an unexcused absence for purposes of this chapter.
(i) School-sanctioned events, such as athletics, band, choir or other events sponsored by the Mississippi High School Activities Association or a successor entity, shall not be counted as absences.
(ii) School-sanctioned academic or club events shall not be counted as absences.
(c) Chronic absenteeism. For purposes of this section and in alignment with state and federal accountability requirements, a compulsory-school-age child shall be considered chronically absent if the child is absent from school for ten percent (10%) or more of the student's school days in a school year, regardless of whether such absences are excused or unexcused under paragraphs (a) or (b) of this subsection (4).
(i) Each school district shall actively monitor chronic absenteeism rates by school, grade level and subgroup of students. Districts shall include chronic absenteeism data in their annual accountability reporting and in their district- and school-level improvement plans.
(ii) Each school district shall develop and implement tiered intervention strategies for students identified as being at risk of chronic absenteeism. Such strategies shall include, at a minimum: timely parent or guardian notification when a student has accumulated three (3) or more absences that place the student at risk of chronic absenteeism; opportunities for parent or guardian conferences to identify barriers to regular attendance; referral to school- or community-based support services as appropriate, including health, counseling and transportation resources; and assignment of an individualized attendance success plan, which may include mentoring, case management by a school attendance officer, or other evidence-based supports.
(iii) Each school district shall adopt strategies for proactive family engagement to prevent and reduce chronic absenteeism, including, but not limited to: regular communication with families in a language and manner understandable to them about the importance of daily attendance and the consequences of absenteeism; partnering with community organizations, faith-based institutions or local businesses to support families in overcoming barriers to school attendance; and providing training for school staff on culturally responsive family engagement practices related to attendance.
(iv) When a school's chronic absenteeism rate exceeds ten percent (10%) for any subgroup or grade level, the school district shall be required to adopt a written chronic absenteeism reduction plan, which shall be submitted to the school board and made publicly available on the district website. The plan shall describe specific evidence-based practices the district will employ to reduce chronic absenteeism, the timeline for implementation, family and community engagement strategies, and the metrics for measuring progress.
(v) The State Department of Education shall provide technical assistance to districts in the development and implementation of chronic absenteeism reduction strategies and shall annually publish statewide data on chronic absenteeism by district and school.
(d) District policies; local documentation and family engagement.
(i) By November 1, 2026, each school district shall, by board action, adopt and implement locally tailored policies that:
1. Set documentation standards for excuses under subparagraphs (ii) through (v) of paragraph (a) of this subsection (4), including acceptable verification, submission timelines, a locally set limit on parent/guardian notes before third-party documentation is required, and protections for student privacy; and
2. Establish family engagement protocols aligned to this paragraph (d), including timely notice when a student is at risk of chronic absenteeism, a parent/guardian conference and attendance success plan, multichannel/translated communications, and referral to available local supports.
(ii) Policies shall be posted on the district website, reviewed at least every three (3) years, and reported on annually to the school board using disaggregated attendance data.
(iii) The department shall issue a nonbinding model policy or policies not later than August 15, 2026. Adoption of a model policy, or of a substantially aligned policy, by a school district shall constitute minimum compliance.
(e) This subsection (4) shall not be construed to create a new criminal offense or to redefine "unlawful absence," but shall serve as a primary indicator for prevention, intervention and accountability under state and federal law.
(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 * * * eight (8) 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, * * * by close of business of the next
business day, the unlawful 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 * * * to:
(a) Ensure school superintendents timely report unlawful absences under this section; and
(b) Sanction school districts that do not adhere to said policy though 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 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 37-9-39, Mississippi Code of 1972, is amended as follows:
37-9-39. (1) All school
districts shall process a single monthly or a bimonthly payroll for employees,
in the discretion of the local school board, consistent with the provisions of
Section * * * 37-151-103(1). Salaries or wages shall be paid at a
minimum on a monthly basis. The standard contract for school district
employees prescribed by the State Board of Education shall provide that school
district employees shall earn a salary payable in equal monthly or bimonthly
installments beginning in the first month of employment, regardless of the
number of days worked in any particular month by the employee. Any employee
failing to complete the contractual obligation of service, and who receives
payment in excess of the installment for the period which such employee ceases
employment with the school district, shall become liable immediately to the
school board of the employing district for the sum of all amounts received in
payment less the corresponding amount of any compensation paid for which
service has been rendered, plus interest accruing at the current Stafford Loan
rate at the time the person discontinues his or her service.
(2) Any school employee whose employment ends during a school term, regardless of the reason(s) the employment ended, shall be paid salary or wages only for that portion of the school term that employee actually worked. Nothing in this subsection (2) shall be construed to entitle any employee to payment of salary or wages when no work has been performed.
SECTION 8. Section 37-151-103, Mississippi Code of 1972, is amended as follows:
37-151-103. (1) Funds due
each school district and charter school
under the total funding formula provided in Sections 37-151-200 through 37-151-215
shall be paid in the following manner: Two (2) business days prior to the last
working day of each month there shall be paid to each school district and charter school, by electronic funds
transfer, one-twelfth (1/12) of the funds
to which the district or charter school
is entitled from funds appropriated for total funding formula. * * * All school
districts shall process a single monthly or a bimonthly payroll for employees,
in the discretion of the local school board, with electronic settlement of
payroll checks secured through direct deposit of net pay for all school
district employees. In addition, the State Department of Education may pay
school districts and charter schools
under the total funding formula on a date earlier than provided for by this
section if it is determined that it is in the best interest of school districts
and charter schools to do so.
However, if the cash balance in the State General Fund is not adequate on the due date to pay the amounts due to all school districts and charter schools in the state as determined by the State Superintendent of Public Education, the State Fiscal Officer shall not transfer the funds payable to any school district or districts or charter schools until money is available to pay the amount due to all districts and charter schools.
(2) Notwithstanding any provision of this chapter or any other law requiring the number of children in net enrollment or the net enrollment of transported children to be determined on the basis of the preceding year, the State Board of Education is hereby authorized and empowered to make proper adjustments in allotments in cases where major changes in the number of children in net enrollment or the net enrollment of transported children occurs from one (1) year to another as a result of changes or alterations in the boundaries of school districts, the sending of children from one (1) county or district to another upon a contract basis, the termination or discontinuance of a contract for the sending of children from one (1) county or district to another, a change in or relocation of attendance centers, or for any other reason which would result in a major decrease or increase in the number of children in net enrollment or the net enrollment of transported children during the current school year as compared with the preceding year.
SECTION 9. Section 25-11-126, Mississippi Code of 1972, which contains provisions for retired teachers returning to work while continuing to draw retirement benefits, is repealed.
