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Mississippi
Home Schooling - State Laws &
Regulations
Please Note This Important
Notice:
Mississippi
home schooling laws and regulations cannot be summarized in a short
informational page or overview. It is incumbent upon
you to perform due diligence in researching and
familiarizing yourself with your state's legal's and
regulations as they pertain to homeschooling. This
information is provided for you to give you a
starting point. This is not intended to be legal
advice and is distributed for basic informational
purposes only. For more information about the laws
and regulations in this state please contact a state
or local support group or your public library.
The state has a minimal amount of regulation
that families must follow to legally home school.
A legitimate home instruction program is
defined as one that is not "operated for the purpose of avoiding or
circumventing the compulsory attendance law."
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 parent is 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 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. (e.g., HECM's August workshop.) 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."
