Pursuant to the Mississippi Code of 1972 Annotated Section
37-13-91,
the Mississippi Legislature requires all compulsory-school-age children who
have attained or will attain the age of six (6) years on or before September 1
of the calendar year and who have not attained the age of seventeen (17) years
on or before September 1 of the calendar year; to enroll in and attend a
public, private or home school.
1. 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 handicapped or physically or mentally disadvantaged children.
c. When a compulsory-school-age
child is being educated in a legitimate home instruction program.
2. The parent, guardian or
custodian of a compulsory-school-age child enrolled in home school must
complete a certificate of enrollment.
3. The appropriate school official for any or
all children attending a nonpublic school shall complete a "certificate of
enrollment" in order to facilitate the administration of this section.
4. The certificate of enrollment
shall be prepared and maintained by the Mississippi Department of Education,
Office of Compulsory School Attendance Enforcement.
5. The Office of Compulsory School Attendance
Enforcement shall be the only authorized entity to disseminate and collect the
certificates of enrollment. Certificates of Enrollment will not be provided to
school district personnel for distribution.
6. School district personnel must notify the
Office of Compulsory School Attendance Enforcement (state school attendance
officer) if a parent, guardian or custodian is seeking to enroll a
compulsory-school-age child in home school.
7. District personnel
cannot
at any time complete a certificate of
enrollment. The certificate of enrollment must be completed by the parent,
guardian or custodian of the compulsory-school-age child enrolling in a home
school program.
8. The school
attendance officer will provide the parent, guardian or custodian with
information and documents to ensure compliance with the Compulsory School
Attendance Law.
9. The certificate
of enrollment shall be designed to obtain the following information only:
a. The name, address, telephone number, and
date of birth of the compulsory-school-age child;
b. The name, address and telephone number of
the parent, guardian or custodian of the compulsory-school-age child;
c. A simple description of the
type of education the compulsory-school-age child is receiving and, if the
child is enrolled in a nonpublic school, the name and address of the school;
and
d. 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 nonpublic school, the
signature of the appropriate school official and the date signed.
10. The certificate of enrollment
shall be returned to the school attendance officer where the child resides on
or before September 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 Mississippi Code of 1972 Annotated Section
37-13-91(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.
11. 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.
Therefore, a "Certificate of Enrollment "for students beyond
the compulsory school attendance age will only be accepted if a student is or
has been previously enrolled in a home instruction program and/or the student
was enrolled in a home instruction program at any time prior to exceeding the
compulsory school attendance age.
Certificates of Enrollment will not be
accepted for individuals registering to enroll in a home instruction program,
for the first time, that have exceeded the compulsory school age
nor will the student be considered as a "transfer to home
school".
