Mississippi HB 239: Compulsory school attendance; require youth court petition after third unlawful absence and authorize community service for violations.

Bill Text

H. B. No. 239 *HR26/R361* ~ OFFICIAL ~ G1/2
24/HR26/R361
PAGE 1 (DJ\KW)

To: Education; Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2024

By: Representative Scott

HOUSE BILL NO. 239

AN ACT TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE A SCHOOL ATTENDANCE OFFICER TO FILE A PETITION WITH THE 2
YOUTH COURT AFTER A CHILD'S THIRD UNLAWFUL ABSENCE DURING A SCHOOL 3
YEAR; TO PROVIDE THAT THE YOUTH COURT MAY ORDER SUCH CHILD TO 4
COMPLETE 16 HOURS OF COMMUNITY SERVICE, WHICH MUST BE COMPLETED 5
WITHIN 30 DAYS OF THE CHILD BEING ADJUDICATED; TO AMEND SECTION 6
43-21-621, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND 7
FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 37-13-91, Mississippi Code of 1972, is 10
amended as follows: 11
37-13-91. (1) This section shall be referred to as the 12
"Mississippi Compulsory School Attendance Law." 13
(2) The following terms as used in this section are defined 14
as follows: 15
(a) "Parent" means the father or mother to whom a child 16
has been born, or the father or mother by whom a child has been 17
legally adopted. 18
(b) "Guardian" means a guardian of the person of a 19
child, other than a parent, who is legally appointed by a court of 20
competent jurisdiction. 21

H. B. No. 239 *HR26/R361* ~ OFFICIAL ~
24/HR26/R361
PAGE 2 (DJ\KW)

(c) "Custodian" means any person having the present 22
care or custody of a child, other than a parent or guardian of the 23
child. 24
(d) "School day" means not less than five and one-half 25
(5-1/2) and not more than eight (8) hours of actual teaching in 26
which both teachers and pupils are in regular attendance for 27
scheduled schoolwork. 28
(e) "School" means any public school, including a 29
charter school, in this state or any nonpublic school in this 30
state which is in session each school year for at least one 31
hundred eighty (180) school days, except that the "nonpublic" 32
school term shall be the number of days that each school shall 33
require for promotion from grade to grade. 34
(f) "Compulsory-school-age child" means a child who has 35
attained or will attain the age of six (6) years on or before 36
September 1 of the calendar year and who has not attained the age 37
of seventeen (17) years on or before September 1 of the calendar 38
year; and shall include any child who has attained or will attain 39
the age of five (5) years on or before September 1 and has 40
enrolled in a full-day public school kindergarten program. 41
(g) "School attendance officer" means a person employed 42
by the State Department of Education pursuant to Section 37-13-89. 43
(h) "Appropriate school official" means the 44
superintendent of the school district, or his designee, or, in the 45
case of a nonpublic school, the principal or the headmaster. 46

H. B. No. 239 *HR26/R361* ~ OFFICIAL ~
24/HR26/R361
PAGE 3 (DJ\KW)

(i) "Nonpublic school" means an institution for the 47
teaching of children, consisting of a physical plant, whether 48
owned or leased, including a home, instructional staff members and 49
students, and which is in session each school year. This 50
definition shall include, but not be limited to, private, church, 51
parochial and home instruction programs. 52
(3) A parent, guardian or custodian of a 53
compulsory-school-age child in this state shall cause the child to 54
enroll in and attend a public school or legitimate nonpublic 55
school for the period of time that the child is of compulsory 56
school age, except under the following circumstances: 57
(a) When a compulsory-school-age child is physically, 58
mentally or emotionally incapable of attending school as 59
determined by the appropriate school official based upon 60
sufficient medical documentation. 61
(b) When a compulsory-school-age child is enrolled in 62
and pursuing a course of special education, remedial education or 63
education for handicapped or physically or mentally disadvantaged 64
children. 65
(c) When a compulsory-school-age child is being 66
educated in a legitimate home instruction program. 67
The parent, guardian or custodian of a compulsory-school-age 68
child described in this subsection, or the parent, guardian or 69
custodian of a compulsory-school-age child attending any charter 70
school or nonpublic school, or the appropriate school official for 71

H. B. No. 239 *HR26/R361* ~ OFFICIAL ~
24/HR26/R361
PAGE 4 (DJ\KW)

any or all children attending a charter school or nonpublic school 72
shall complete a "certificate of enrollment" in order to 73
facilitate the administration of this section. 74
The form of the certificate of enrollment shall be prepared 75
by the Office of Compulsory School Attendance Enforcement of the 76
State Department of Education and shall be designed to obtain the 77
following information only: 78
(i) The name, address, telephone number and date 79
of birth of the compulsory-school-age child; 80
(ii) The name, address and telephone number