Education

School attendance: are you accidentally breaking Mississippi law if your child stays home?

Students walk along a hallway at Long Beach High School on Thursday, Sept. 26, 2024.
Students walk along a hallway at Long Beach High School on Thursday, Sept. 26, 2024. Sun Herald

Mississippi parents don’t have the final say when it comes to their children’s attendance at school and assume the responsibility when they don’t go.

If a parent allows their child to miss school without “valid reasons,” they are subject to truancy laws and could face some serious repercussions.

Mississippi has compulsory education laws which require children, ages 6 to 17, to attend school in some form for 180 days or 990 hours of instruction, and are considered truant after only five unexcused absences.

What happens after five absences?

Once a student is deemed “truant” and the school has attempted to contact parents, a school attendance officer will become involved. The intervention has a few components:

  1. Attempts to secure enrollment and/or attendance of the absent child

  2. When attempts are unsuccessful, a petition is filed with the youth court intake unit

  3. Once the court becomes involved, a hearing ensues and appropriate adjudication is applied to ensure compliance

What are the penalties for excessive absences?

Once the child has accrued 12 unexcused absences, it is established to be a prima facie (at first sight) case, and becomes a legal matter for the parents. The consequences for truancy can be serious and escalate the more days that are missed.

For parents/guardians:

  • Charges of contributing to the neglect of a child

  • Fines up to $1,000

  • Imprisonment for up to a year

  • Mandatory parenting classes

  • Any combination of the above penalties

For students:

  • Possible court intervention

  • Withdrawal from school

  • Assigned to an alternative school

What is the difference between excused and unexcused absences?

The criteria varies from state to state, but in Mississippi excused absences are those set forth by a law introduced as House Bill 1179. The following circumstances are usually considered excused absences:

  • Authorized school activities with prior approval

  • Documented/legitimate illness or injury

  • Isolation ordered by health officials

  • Death or serious illness in the immediate family

  • Medical or dental appointments

  • Court appearances

  • Religious observances

  • Valid educational opportunities (e.g., travel) with prior approval

  • Participation in official 4-H or FFA events

It is really important for parents to educate themselves about their rights and responsibilities when it comes to school attendance. Although parents have some discretion in excusing absences, there are limits to what the school or district can allow.

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