Compulsory School Attendance Enforcement FAQ

Under section 37-13-91, the school district must report the student to the school attendance officer.  

Note: Student in grades 9th-12th who stops attending school or does not return to school at the beginning of the school year is considered a dropout unless the district of ownership can obtain official documentation that the student has transferred to another educational program.

Yes. The superintendent or his/her designee should communicate/correspond with parent and give them proper notification of any pending action.

A district can drop a student from the student roster.  However, since the school attendance officer has to be notified at 5 and 12 unlawful days, the district should not drop a student prior to the 20th consecutive day of non-attendance.

The student withdrawal date shall be the last day of attendance or the day the school district obtains documentation validating the student no longer resides in the attendance area.

No. Telephone conversations do not allow schools to have documentation in writing, nor do they allow schools to verify the identity of the caller.

School districts have the authority to withdraw a student after he/she has acquired 20 consecutive unexcused days.  The district must ensure that any student of compulsory school age has been referred to the school attendance officer in accordance with the compulsory school attendance law. District administrators or designee have the authority to communicate with parents regarding a possible withdrawal and subsequent re-enrollment when it is established that the student is going to miss an extended, consecutive amount of time.

No, telephone conversations do not allow schools to have documentation in writing, nor do they allow schools to verify the identity of the caller.

School districts have the authority to withdraw a student after he/she has acquired 20 consecutive unexcused days.  The district must ensure that any student of compulsory school age has been referred to the school attendance officer in accordance with the compulsory school attendance law.

District administrators or designee have the authority to communicate with parents regarding a possible withdrawal and subsequent re-enrollment when it is established that the student is going to miss an extended, consecutive amount of time.

Under section 37-13-91, the school district must report the student to the school attendance officer. 

Note: Student in grades 9th-12th who stops attending school or does not return to school at the beginning of the school year is considered a dropout unless the district of ownership can obtain official documentation that the student has transferred to another educational program.

A district can drop a student from the student roster.  However, since the school attendance officer has to be notified at 5 and 12 unlawful days, the district should not drop a student prior to the 20th consecutive day of non-attendance.

The student withdrawal date shall be the last day of attendance or the day the school district obtains documentation validating the student no longer resides in the attendance area.

School districts should work with state/local agencies in their efforts to enroll students.  The students may have been removed from the home quickly. Because the students could likely be homeless, schools should work with the caseworker to ensure a smooth transition.

The Department of Human Services cannot gain custody without a custody order signed by the courts.  This court order would give them legal guardianship as it relates to the child.

School districts should work with state/local agencies in their efforts to enroll students.  The students may have been removed from the home quickly.  Because the students could likely be homeless, schools should work with the caseworker to ensure a smooth transition.

The Department of Human Services cannot gain custody without a custody order signed by the courts.  This court order would give them legal guardianship as it relates to the child.

Yes. Any child enrolling in Kindergarten or Grade 1 shall present the required evidence of age upon enrollment.  Any child in Grades 2 through 12 not in compliance at the end of sixty (60) days from enrollment shall be suspended until in compliance. {37-15-1}

No. Whenever any minor child seeks or applies to enroll or gain entrance to any public school in this state, and the child is not accompanied by an adult or is accompanied by an adult who is not the child's parent or guardian, if a legal guardian has been appointed for the child, or legal custodian, the school official or officials or teacher to whom the child applies or reports for enrollment or admission may delay consideration of the enrollment or enlistment of the minor child and require the child's parent, legal guardian or legal custodian to accompany the  child and apply for enrollment and admission into the school for and on behalf of the minor child. {37-15-11}

No. Mississippi compulsory school attendance law requires all students between the ages of 6-17 years of age to be enrolled in a public, private or home school educational program. {37-13-91}

Allow enrollment. Mississippi compulsory school attendance law requires all students between the ages of 6-17 years of age to be enrolled in a public, private or home school educational program.

Each local school should have an enrollment policy that is aligned with the State Board of Education’s Residency Policy.

If the student is beyond the mandatory age, the district is not mandated to re-enroll the student. If the student does meet the requirements to re-enroll, the district should consider the student’s age, his/her proximity to meeting graduation requirements.  Depending on the amount of time a student has been out of school, the district should use a method to determine the student’s grade placement.

Yes. The superintendent or his/her designee should communicate/correspond with parent and give them proper notification of any pending action.

Yes, any child enrolling in Kindergarten or Grade 1 shall present the required evidence of age upon enrollment.  Any child in Grades 2 through 12 not in compliance at the end of sixty (60) days from enrollment shall be suspended until in compliance. {37-15-1}

No, whenever any minor child seeks or applies to enroll or gain entrance to any public school in this state, and the child is not accompanied by an adult or is accompanied by an adult who is not the child's parent or guardian, if a legal guardian has been appointed for the child, or legal custodian, the school official or officials or teacher to whom the child applies or reports for enrollment or admission may delay consideration of the enrollment or enlistment of the minor child and require the child's parent, legal guardian or legal custodian to accompany the  child and apply for enrollment and admission into the school for and on behalf of the minor child. {37-15-11}

No, Mississippi compulsory school attendance law requires all students between the ages of 6-17 years of age to be enrolled in a public, private or home school educational program. {37-13-91}

Allow Enrollment, Mississippi compulsory school attendance law requires all students between the ages of 6-17 years of age to be enrolled in a public, private or home school educational program. 

If the student is beyond the mandatory age, the district is not mandated to re-enroll the student. If the student does meet the requirements to re-enroll, the district should consider the student’s age, his/her proximity to meeting graduation requirements.  Depending on the amount of time a student has been out of school, the district should use a method to determine the student’s grade placement.

Each local school should have an enrollment policy that is aligned with the State Board of Education’s Residency Policy.

Yes, The superintendent or his/her designee should communicate/correspond with parent and give them proper notification of any pending action.

By federal law, schools must allow homeless students to remain in their school of origin.  Schools may contest that placement and attempt to have the student attend their school of “temporary residence”, but the student must be allowed to stay in their school of origin until such determination is made.

By federal law, schools must allow homeless students to remain in their school of origin.  Schools may contest that placement and attempt to have the student attend their school of “temporary residence”, but the student must be allowed to stay in their school of origin until such determination is made.

The proof shall include a certificate of enrollment signed by the parent, guardian or custodian.

The proof shall include a certificate of enrollment signed by the parent, guardian or custodian.

Parent/guardian and eligible students may request copies of school records.  Others may gain access to records through subpoenas, judicial orders or with written authorization from the parent, guardian or eligible student.  

What documents may be considered proof of guardianship or custodianship?

Adults acting in the role of guardian or custodian may enroll a child upon providing proof of guardianship or custodianship which may include the following:
• A valid court order;
• The most recent tax return naming the child as a dependent (return must be the form submitted to the IRS):
• Health insurance coverage for the child;
• Any public aid documents covering the child.
 

No.

Parent/guardian and eligible students may request copies of school records.  Others may gain access to records through subpoenas, judicial orders or with written authorization from the parent, guardian or eligible student. 

What documents may be considered proof of guardianship or custodianship?

Adults acting in the role of guardian or custodian may enroll a child upon providing proof of guardianship or custodianship which may include the following:

• A valid court order;
• The most recent tax return naming the child as a dependent (return must be the form submitted to the IRS):
• Health insurance coverage for the child;

Any public aid documents covering the child.

No

No. Emergency contact information is controlled by the custodial parent.  If there is a situation in which there is a parent disagreement/separation and custody has not been established, then the enrolling parent retains the right to establish the emergency contact information.

No. Only a parent or legal guardian may enroll a child in school.

Yes. A parent is not required to have physical custody of their child to retain legal, custodial rights to information about the child.

Yes. Unless there is a legal document that precludes a biological, non-custodial parent, he/she is entitled to their child’s grades and information.

Yes. The non-custodial parent must obtain legal custody (through the judicial system) for the child. The non-custodial can have the custodial parent complete a “Power of Attorney” document which provides the non-custodial parent with enrollment and signature privileges.

No, Emergency contact information is controlled by the custodial parent.  If there is a situation in which there is a parent disagreement/separation and custody has not been established, then the enrolling parent retains the right to establish the emergency contact information.

No, Only a parent or legal guardian may enroll a child in school

Yes, A parent is not required to have physical custody of their child to retain legal, custodial rights to information about the child.

Yes, unless there is a legal document that precludes a biological, non-custodial parent, he/she is entitled to their child’s grades and information.

Yes, The non-custodial parent must obtain legal custody (through the judicial system) for the child. The non-custodial can have the custodial parent complete a “Power of Attorney” document which provides the non-custodial parent with enrollment and signature privileges.