Mississippi Education Code For Homeschooling
Home schools meet the definition of "nonpublic schools", which means an institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, private, church, parochial, and home instruction programs. Miss. Code Ann. 37-13-91 (2) (I).
The parent/guardian of a child enrolled in a legitimate home school program is required to complete a "Certificate of Enrollment" and return it to the school attendance officer where such child resides on or before September 15 of each year. Miss. Code Ann. 37-13-91 (3) [Below]
Other than the Certificate of Enrollment, there are no current state laws concerning requirements for home schooling programs.
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at your public
library.
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Compulsory attendance - Between 6 and 17
years of age.
No educational requirements for parents.
No standardized testing.
No reporting procedure.
Miss.
Code. Ann. 37-13-91(3)(c)
(3) 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:
(c) When a compulsory-school-age child is being educated
in a legitimate home instruction program.
The parent guardian or custodian of a compulsory-school-age
child described in this subsection or the parent guardian or
custodian of a compulsory-school-age child attending any nonpublic
school or 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.
The form of the certificate of enrollment shall be
prepared by the Office
of Compulsory School Attendance Enforcement of the State
Department of Education and shall be designed to obtain the following
information only:
(i) The name address telephone number and date of birth
of the compulsory-school-age child;
(ii) The name address and telephone number of the parent
guardian or custodian of the compulsory-school-age child;
(iii) 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
(iv) 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.
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 subsection (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.
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.
Miss.
Code. Ann. 37-13-91(9)
(9) Notwithstanding any provision or implication herein to
the contrary it is not the intention of this section to impair
the primary right and the obligation of the parent or parents
or person or persons in loco parentis to a child to choose the
proper education and training for such child and nothing in this
section shall ever be construed to grant by implication or otherwise
to the State of Mississippi any of its officers agencies or subdivisions
any right or authority to control manage supervise or make any
suggestion as to the control management or supervision of any
private or parochial school or institution for the education
or training of children of any kind whatsoever that is not a
public school according to the laws of this state; and this section
shall never be construed so as to grant by implication or otherwise
any right or authority to any state agency or other entity to
control manage supervise provide for or affect the operation
management program curriculum admissions policy or discipline
of any such school or home instruction program.
Commentary
Parents in Mississippi are required
to file an annual Certificate of Non-Public Enrollment
with the county's school attendance officer(SAO) by September 15,
but if the move to Mississippi occurs after September 15, there
is no penalty for late filing, and there is no prohibition of
homeschooling for the remainder of the school year.
The same certificate of enrollment is
required for children attending ANY non-public school. The certificate
must be requested from the county of residence (e.g., in Hinds
County, contact the District Attorney's office) or might be available
during a local support group's conference. It must include the names and addresses of parents
and children involved, dates of birth of the children, and a
simple description of the type of education the children are
receiving. Keep it to one page. It is not necessary to list types
of curriculum or correspondence / umbrella schools. Only list
the areas of study in a traditional format. Example:
"Instruction will be given in the
following areas, but not limited to, English, history, science,
math, P.E., foreign language, and other areas of interest."
There are currently no standardized
testing requirements, no portfolio requirements, and no teacher
certification requirements for parents; however, the law does
define legitimate home schools and other non-public schools as
those not operated for the "purpose of avoiding or circumventing
the compulsory attendance law."
Other Resources
School
Attendance Enforcement
Age of Attendance. Attorney General Opinions Relating to Compulsory
School Attendance.
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homeschooling information.
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