Mississippi Compulsory School Attendance Law
- Attendance Information
Mississippi Compulsory School Attendance Law
The OSSD BOT is committed to providing the students of OSSD with a performance-based educational program. The BOT believes that all children can learn and that their daily attendance enhances the educational process. Therefore, in accordance with MS Code § 37-13-91, OSSD shall enforce the Mississippi Compulsory School Attendance Law and shall apply the same standards to all students as described in OSSD BOT Policy JBA - Compulsory School Attendance/School Age.
"Compulsory-school-age children" means a child who has attained or will attain the age of six (6) years on or before September 1, of the calendar year. An "unlawful absence" is an absence during a school day by a compulsory school-age child and is not due to a valid excuse for temporary nonattendance.
Parents or guardians of any child enrolled in a full-day public school kindergarten program cannot withdraw the child from the program on a one-time basis as before. They are considered compulsory upon enrollment in the program and must abide by the law. If the child is withdrawn, the child must be enrolled in home or private school.
Each of the following shall constitute a valid excuse for temporary nonattendance of a compulsory school-age child enrolled in school, provided satisfactory evidence of the excuse is provided to the superintendent of the school district or his/her designee.
- An absence is excused when the absence results from the compulsory school-age child's attendance of an authorized school activity with the prior approval of the superintendent of the school district or his/her designee. Such activities may include field trips, athletic contests, student conventions, musical festivals, and any similar activity.
- 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.
- An absence is excused when isolation of a compulsory-school-age child is ordered by the County Health Officer or by the State Board of Health.
- 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 member(s) of a compulsory-school-age child shall include children, spouse, grandparents, parents, brothers, and sisters, including step-brothers and step-sisters.
- An absence is excused when it results from a medical or dental appointment of a compulsory-school-age child where the approval of the superintendent of OSSD or his/her designee is gained prior to the absence, except in the case of an emergency.
- An absence is excused when it results from the attendance of a compulsory-school-age child at the proceedings of a court or administrative tribunal if such child is a party to the action or under subpoena as a witness.
- An absence may be excused if the religion to which the compulsory-school-age child or such child's parents adheres requires or suggests the observance of a religious event. The approval of such absence is within the discretion of the superintendent or his/her designee, but approval should be granted unless the religion's observance is of such duration as to interfere with the education of the child.
- An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the OSSD or his/her 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 such absence must be gained from the superintendent of OSSD or his/her designee prior to the absence but such approval shall not be unreasonably withheld.
- An absence may be excused when it is demonstrated to the satisfaction of the superintendent or his/her designee that conditions are sufficient to warrant the compulsory-school-age child's non-attendance.
Any parent, guardian, or custodian of a compulsory-school-age child subject to the provisions of this policy who refuses or willfully fails to perform any of the duties imposed upon him or her under the provisions of this policy, or who intentionally falsified any information required to be contained in a certificate enrollment will be guilty of contributing to the neglect of a child and, upon conviction, shall be punished in accordance with the provisions of MS Code §97-5-39.
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 such child is eligible to attend or such child has accumulated ten (10) unlawful absences during the school year, the principal or school superintendent shall report such absences to the school attendance officer of the youth court or family court. The Compulsory School Attendance Law states that every child who has not reached the age of 17 years prior to September 1 of that school year SHALL be enrolled and regularly attend school.
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