MISSISSIPPI LEGISLATURE 2025 Regular Session To: Education By: Representative Scott House Bill 1595 AN ACT TO REQUIRE DRUG TESTING OF PUBLIC SCHOOL STUDENTS IN GRADES SIX THROUGH TWELVE WHO HAVE BEEN DEEMED TRUANT IN VIOLATION OF ALLOWABLE ABSENCES UNDER THE "COMPULSORY SCHOOL ATTENDANCE LAW"; TO DECLARE LEGISLATIVE FINDINGS RELATING TO STUDENT DRUG USAGE AND THE PURPOSES OF THIS ACT; TO DEFINE CERTAIN TERMS USED UNDER THE ACT; TO REQUIRE EACH LOCAL SCHOOL BOARD TO ADOPT A POLICY REQUIRING DRUG TESTING STUDENTS IN GRADES SIX THROUGH TWELVE WHO ARE EXCESSIVELY ABSENT AND TO PRESCRIBE CERTAIN COMPONENTS THAT MUST BE IN THE POLICY, INCLUDING A PROVISION REQUIRING A STUDENT'S PARENT TO PAY THE COST OF THE DRUG TEST; TO PROVIDE FOR THE ACTIONS TO BE TAKEN WHEN A STUDENT'S DRUG TEST IS POSITIVE; TO PROVIDE THAT STUDENT DRUG TESTS WILL BE ADMINISTERED BY THE COUNTY HEALTH DEPARTMENT AND TO PRESCRIBE THE MANNER IN WHICH THE TESTING MUST BE PERFORMED; TO PROVIDE FOR THE DISCLOSURE OF POSITIVE TEST RESULTS AND TO REQUIRE INFORMATION RELATING TO A STUDENT'S DRUG TEST TO BE KEPT CONFIDENTIAL AND SEPARATE FROM THE STUDENT'S CUMULATIVE FOLDER; TO AUTHORIZE A STUDENT TO PRESENT EVIDENCE OF THE PROPER USE OF A PRESCRIPTION MEDICATION AS AN AFFIRMATIVE DEFENSE TO A POSITIVE DRUG TEST; TO AUTHORIZE SCHOOL DISTRICTS TO OFFER IN-SCHOOL COUNSELING OR REFERRAL INFORMATION FOR STUDENTS TESTING POSITIVE FOR DRUGS; TO REQUIRE THE STATE BOARD OF EDUCATION, IN CONSULTATION WITH THE STATE BOARD OF HEALTH AND DEPARTMENT OF MENTAL HEALTH, TO ADOPT RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PREPARE A MODEL DRUG TESTING POLICY FOR SCHOOL DISTRICTS; TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) The Legislature finds that: (a) Many school districts within the state have a problem with students who use drugs and alcohol; (b) Substance use is a serious threat to student health and safety and is a disruptive influence in the school setting; (c) Preventing drug and illegal alcohol use by students is a compelling educational and community interest in the State of Mississippi; and (d) Student drug testing program will create an atmosphere that deters unruly behavior that warrants disciplinary action and the use of drugs by students, as well as a means to detect and inform parents of their child's substance involvement, allowing for early intervention. (2) The purposes of this act are to create a safe, drug free environment for students and to protect students by seeking to prevent them from harming themselves and others as a result of the consumption of harmful substances. SECTION 2. As used in this act, the following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise: (a) "Confirmation test" means a second drug test on the same specimen that uses an alternate method of equal or greater sensitivity than that used in a previous drug test, used to substantiate the results of the prior drug test on the specimen. (b) "Drug" means an illegal drug or a prescription or nonprescription medication. (c) "Drug test" means a chemical test administered for the purpose of determining the presence or absence of a drug or metabolites of a drug in a person's bodily fluids. (d) "Illegal drug" means any substance, including alcohol that is consumed by a person under the age of twenty-one (21) years, having psychological and/or physiological effects on a human being and that is not a prescription or nonprescription medication, including controlled dangerous substances and controlled substance analogs or volatile substances that produce the psychological and/or physiological effects of a controlled dangerous substance through deliberate introduction into the body. (e) "Initial test" means an initial drug test to determine the presence or absence of drugs or their metabolites in specimens. (f) "Positive test result" means a finding of the presence of drugs or the metabolites of drugs in the specimen tested. (g) "Prescription" or "nonprescription medication" means a drug prescribed for use by a duly licensed physician, dentist or other medical practitioner licensed to issue prescriptions or a drug that is authorized under federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments or injuries. (h) "Specimen" means a tissue or product of the human body chemically capable of revealing the presence of drugs in the human body. SECTION 3. (1) Before the commencement of the 2025-2026 school year, the school board of each school district shall adopt a policy requiring drug testing of all students enrolled in Grades 6 through 12 who have been deemed in violation of the district truancy policy as a result of exceeding the total number of allowable excused and unlawful absences under the provisions of Section 37-13-91, the "Mississippi Compulsory School Attendance Law." The policy shall provide: (a) That the truant student shall be located by the school attendance officer and drug tested, the results of which shall be provided within seventy-two (72) hours of the student being identified and located for purpose of drug testing. The student must present evidence of having submitted to a drug test that resulted in a negative screening before the student is permitted to return to the classroom; and (b) That if testing of the truant student results in a positive screening, the school principal or licensed professional counselor shall immediately refer the student to the Department of Mental Health for Assessment, which shall make recommendations for mental health and educational services and substance abuse intervention, if determined to be necessary. (2) A copy of the policy must be provided to each student and the student's parents, guardian or custodian no less than thirty (30) days before the policy's implementation. Each student and the student's parent, guardian or custodian must sign a statement verifying that they have been given notice of the drug testing policy. Any student who fails to comply with the requirements of this section may not be readmitted to the school until proof of compliance is presented to the principal of the student's school. (3) A school district's drug testing policy must comply with this act and any rules and regulations that the State Board of Education may adopt regarding drug testing policies. A policy must include, but not necessarily be limited to, the following provisions: (a) The location and address of the county health department to which a student selected for testing must report; (b) Whether or not a confirmation test will be required or permitted if a student's initial test is positive; (c) A statement that the student's parent, guardian or custodian is responsible for the cost of the initial test and any confirmation test that may be conducted; (d) A description of the help available through the school district, the Mississippi Department of Mental Health and other referral sources for students who have positive test results; (e) An explanation as to whether or not test results are cumulative throughout a student's tenure in the school district or if test results from previous school years are disregarded in subsequent years; (f) A description of additional consequences to a suspended student who refuses to submit to a drug test, including whether or not a refusal may be construed as a drug-positive test; (g) A clear description of who will have access of drug testing results and the manner by which confidentiality will be maintained; (h) The manner in which a parent, guardian or custodian will be informed of a child's positive test result; and (i) The manner in which a student may challenge positive test results, including a mechanism for students to present evidence of the use of a prescription medication that may have triggered a positive test result. SECTION 4. (1) Whenever a school official receives notification of a confirmed positive test result, the tested student and the student's parents, guardian or custodian must be informed in writing of the consequences of the positive test and the options available to them. The information provided to the student and the student's parents, guardian or custodian must include what drug, including alcohol, was discovered. When requested by the parents, guardian or custodian, copies of all analytical results must be made available from the county health department. (2) Within seventy-two (72) hours of receiving the test results, a student who tests positive may request a re-test of the original specimen, at the student's cost, by an independent testing facility. (3) A student who receives a positive result on a confirmation test may submit, no later than five (5) school days after receiving the results, information to the school explaining the test results and reasons why the results do not constitute a violation of the school district's drug testing policy. (4) All student specimens testing negative on the initial test or on the confirmation test must be reported as negative. (5) Notwithstanding any other provision of law, a school district shall not report positive drug test results to law enforcement authorities or court officials. SECTION 5. (1) All testing for drugs under this act must be performed in accordance with the following procedures: (a) The collection of specimens must be performed at the county health department under such conditions that the individual dignity of the student being testing is preserved to the extent practicable; (b) Specimens must be collected in a manner reasonably calculated to prevent substitution of specimens and interference with the collection or testing of specimens; (c) Specimen collection must be documented by chain of custody procedures, including labeling of specimen containers to reasonably preclude the likelihood of erroneous identification of test results and other chain of custody protections; (d) Specimen handling must be performed in a reasonable manner to preclude specimen contamination or adulteration; (e) The initial test must be in the form of the urinalysis dipstick; and (f) The type of any subsequent confirmation test must be selected by the student from a list of approved tests made available to the student by the school district or county health department. (2) A drug test requested by a school under this act must occur immediately before, during or immediately after the regular school day. (3) Testing for drugs under this act may be only for the presence of illegal drugs, legal drugs used illegally or alcohol in the specimen. (4) A confirmation test must use a method of equal or greater reliability than the urinalysis dipstick used in the initial test. If an initial test is negative, there may be no requirement for a confirmation test. (5) Tests must be conducted by properly trained persons under circumstances that ensure the integrity, validity and accuracy of the test results but are minimally intrusive and provide maximum privacy to the tested student. Specimens confirmed as positive must be retained for possible retesting or reanalysis. SECTION 6. (1) A county health department shall disclose only to school authorities test result data regarding the presence or absence of a drug or alcohol or their metabolites in a specimen tested. Positive test results from a student drug test may not be used as evidence in a criminal action against the school district or student tested. (2) A student must be given access to information in the student's personal file relating to positive test result reports and other information acquired in the drug testing process, including conclusions drawn from and actions taken based on the reports and other acquired information. (3) Information resulting from a drug test conducted pursuant to this act must be kept confidential and may not be used for law enforcement purposes; however, the information may be utilized for disciplinary, statistical or research purposes. (4) Test result reports and other information acquired in the drug testing process must be deemed to be private and confidential information and may not be disclosed by school authorities or the county health department to another public or nonpublic school or to a third party individual, governmental agency or private organization without the written consent of the student and the student's parents, guardian or custodian. (5) Each school shall maintain drug testing records separate from the students' permanent records and cumulative folders. The school may retain in a student's drug testing records information indicating only the following: (a) Evidence of the results of a student's drug test presented to the school before the student's enrollment; (b) The date of the drug test; (c) The identity of the person performing the drug test; and (d) Whether the drug test finding was positive or negative. SECTION 7. Any student who receives a positive test result may present through clear and convincing evidence, as an affirmative defense, that the use of a drug was prescribed by a licensed medical practitioner who is familiar with the student's medical history and that the drug was used in accordance with school district policies. SECTION 8. A school district, in conjunction with a student's parents, guardian or custodian, may offer in-school counseling for any student whose test results are positive or alternatively, may provide referral information for the purpose of obtaining drug or other counseling as appropriate. Referral information must include information on inpatient, outpatient and community-based drug and alcohol treatment programs. SECTION 9. The State Board of Education, in consultation with the State Board of Health and Department of Mental Health, shall adopt any rules and regulations that may be necessary to carry out this act. The State Department of Education shall prepare a model policy for use by school districts that conforms to the requirements prescribed for drug testing policies under Section 3 of this act. SECTION 10. Section 37-13-91, Mississippi Code of 1972, is amended as follows: 37-13-91. (1) This section shall be referred to as the "Mississippi Compulsory School Attendance Law." (2) The following terms as used in this section are defined as follows: (a) "Parent" means the father or mother to whom a child has been born, or the father or mother by whom a child has been legally adopted. (b) "Guardian" means a guardian of the person of a child, other than a parent, who is legally appointed by a court of competent jurisdiction. (c) "Custodian" means any person having the present care or custody of a child, other than a parent or guardian of the child. (d) "School day" means not less than five and one-half (5-1/2) and not more than eight (8) hours of actual teaching in which both teachers and pupils are in regular attendance for scheduled schoolwork. (e) "School" means any public school, including a charter school, in this state or any nonpublic school in this state which is in session each school year for at least one hundred eighty (180) school days, except that the "nonpublic" school term shall be the number of days that each school shall require for promotion from grade to grade. (f) "Compulsory-school-age child" means a child who has attained or will attain the age of six (6) years on or before September 1 of the calendar year and who has not attained the age of seventeen (17) years on or before September 1 of the calendar year; and shall include any child who has attained or will attain the age of five (5) years on or before September 1 and has enrolled in a full-day public school kindergarten program. (g) "School attendance officer" means a person employed by the State Department of Education pursuant to Section 37-13-89. (h) "Appropriate school official" means the superintendent of the school district, or his designee, or, in the case of a nonpublic school, the principal or the headmaster. (i) "Nonpublic school" 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. (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: (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 children with physical or mental disadvantages or disabilities. (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 charter school or nonpublic school, or the appropriate school official for any or all children attending a charter school or 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 charter school or 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. (4) An "unlawful absence" is an absence for an entire school day or during part of a school day by a compulsory-school-age child, which absence is not due to a valid excuse for temporary nonattendance. For purposes of reporting absenteeism under subsection (6) of this section, if a compulsory-school-age child has an absence that is more than thirty-seven percent (37%) of the instructional day, as fixed by the school board for the school at which the compulsory-school-age child is enrolled, the child must be considered absent the entire school day. Days missed from school due to disciplinary suspension shall not be considered an "excused" absence under this section. This subsection shall not apply to children enrolled in a nonpublic school. Each of the following shall constitute a valid excuse for temporary nonattendance of a compulsory-school-age child enrolled in a noncharter public school, provided satisfactory evidence of the excuse is provided to the superintendent of the school district, or his designee: (a) An absence is excused when the absence results from the compulsory-school-age child's attendance at an authorized school activity with the prior approval of the superintendent of the school district, or his designee. These activities may include field trips, athletic contests, student conventions, musical festivals and any similar activity. (b) An absence is excused when the absence results from illness or injury which prevents the compulsory-school-age child from being physically able to attend school. (c) An absence is excused when isolation of a compulsory-school-age child is ordered by the county health officer, by the State Board of Health or appropriate school official. (d) An absence is excused when it results from the death or serious illness of a member of the immediate family of a compulsory-school-age child. The immediate family members of a compulsory-school-age child shall include children, spouse, grandparents, parents, brothers and sisters, including stepbrothers and stepsisters. (e) An absence is excused when it results from a medical or dental appointment of a compulsory-school-age child. (f) An absence is excused when it results from the attendance of a compulsory-school-age child at the proceedings of a court or an administrative tribunal if the child is a party to the action or under subpoena as a witness. (g) An absence may be excused if the religion to which the compulsory-school-age child or the child's parents adheres, requires or suggests the observance of a religious event. The approval of the absence is within the discretion of the superintendent of the school district, or his designee, but approval should be granted unless the religion's observance is of such duration as to interfere with the education of the child. (h) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that the purpose of the absence is to take advantage of a valid educational opportunity such as travel, including vacations or other family travel. Approval of the absence must be gained from the superintendent of the school district, or his designee, before the absence, but the approval shall not be unreasonably withheld. (i) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that conditions are sufficient to warrant the compulsory-school-age child's nonattendance. However, no absences shall be excused by the school district superintendent, or his designee, when any student suspensions or expulsions circumvent the intent and spirit of the compulsory attendance law. (j) An absence is excused when it results from the attendance of a compulsory-school-age child participating in official organized events sponsored by the 4-H or Future Farmers of America (FFA). The excuse for the 4-H or FFA event must be provided in writing to the appropriate school superintendent by the Extension Agent or High School Agricultural Instructor/FFA Advisor. (k) An absence is excused when it results from the compulsory-school-age child officially being employed to serve as a page at the State Capitol for the Mississippi House of Representatives or Senate. (5) Any parent, guardian or custodian of a compulsory-school-age child subject to this section who refuses or willfully fails to perform any of the duties imposed upon him or her under this section or who intentionally falsifies any information required to be contained in a certificate of enrollment, shall be guilty of contributing to the neglect of a child and, upon conviction, shall be punished in accordance with Section 97-5-39. Upon prosecution of a parent, guardian or custodian of a compulsory-school-age child for violation of this section, the presentation of evidence by the prosecutor that shows that the child has not been enrolled in school within eighteen (18) calendar days after the first day of the school year of the public school which the child is eligible to attend, or that the child has accumulated twelve (12) unlawful absences during the school year at the public school in which the child has been enrolled, shall establish a prima facie case that the child's parent, guardian or custodian is responsible for the absences and has refused or willfully failed to perform the duties imposed upon him or her under this section. However, no proceedings under this section shall be brought against a parent, guardian or custodian of a compulsory-school-age child unless the school attendance officer has contacted promptly the home of the child and has provided written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance. (6) If a compulsory-school-age child has not been enrolled in a school within fifteen (15) calendar days after the first day of the school year of the school which the child is eligible to attend or the child has accumulated five (5) unlawful absences during the school year of the public school in which the child is enrolled, the school district superintendent, or his designee, shall report, within two (2) school days or within five (5) calendar days, whichever is less, the absences to the school attendance officer. The State Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful absences to the school attendance officer. The superintendent, or his designee, also shall report any student suspensions or student expulsions to the school attendance officer when they occur. (7) When a school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance officer shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of competent jurisdiction as it pertains to parent or child. Sheriffs, deputy sheriffs and municipal law enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful absences by compulsory-school-age children, and shall be authorized to file a petition with the youth court under Section 43-21-451 or file a petition or information in the court of competent jurisdiction as it pertains to parent or child for violation of this section. The youth court shall expedite a hearing to make an appropriate adjudication and a disposition to ensure compliance with the Compulsory School Attendance Law, and may order the child to enroll or re-enroll in school. The superintendent of the school district to which the child is ordered may assign, in his discretion, the child to the alternative school program of the school established pursuant to Section 37-13-92. (8) The State Board of Education shall adopt rules and regulations for the purpose of reprimanding any school superintendents who fail to timely report unexcused absences under the provisions of this section. (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. (10) In addition to the penalties prescribed in this section for the failure of a compulsory-school-age child to be enrolled in school as required herein, or persists in truant behavior as evidenced by chronic absenteeism, as determined by exceeding the allowable number of days for unlawful or unexcused absences as stipulated by law and local school district policy, any offending compulsory-school-age child shall be required to submit to drug testing in the manner prescribed by Sections 2 through 9 of this act. SECTION 11. This act shall take effect and be in force from and after July 1, 2025.
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Education
By: Representative Scott
# House Bill 1595
AN ACT TO REQUIRE DRUG TESTING OF PUBLIC SCHOOL STUDENTS IN GRADES SIX THROUGH TWELVE WHO HAVE BEEN DEEMED TRUANT IN VIOLATION OF ALLOWABLE ABSENCES UNDER THE "COMPULSORY SCHOOL ATTENDANCE LAW"; TO DECLARE LEGISLATIVE FINDINGS RELATING TO STUDENT DRUG USAGE AND THE PURPOSES OF THIS ACT; TO DEFINE CERTAIN TERMS USED UNDER THE ACT; TO REQUIRE EACH LOCAL SCHOOL BOARD TO ADOPT A POLICY REQUIRING DRUG TESTING STUDENTS IN GRADES SIX THROUGH TWELVE WHO ARE EXCESSIVELY ABSENT AND TO PRESCRIBE CERTAIN COMPONENTS THAT MUST BE IN THE POLICY, INCLUDING A PROVISION REQUIRING A STUDENT'S PARENT TO PAY THE COST OF THE DRUG TEST; TO PROVIDE FOR THE ACTIONS TO BE TAKEN WHEN A STUDENT'S DRUG TEST IS POSITIVE; TO PROVIDE THAT STUDENT DRUG TESTS WILL BE ADMINISTERED BY THE COUNTY HEALTH DEPARTMENT AND TO PRESCRIBE THE MANNER IN WHICH THE TESTING MUST BE PERFORMED; TO PROVIDE FOR THE DISCLOSURE OF POSITIVE TEST RESULTS AND TO REQUIRE INFORMATION RELATING TO A STUDENT'S DRUG TEST TO BE KEPT CONFIDENTIAL AND SEPARATE FROM THE STUDENT'S CUMULATIVE FOLDER; TO AUTHORIZE A STUDENT TO PRESENT EVIDENCE OF THE PROPER USE OF A PRESCRIPTION MEDICATION AS AN AFFIRMATIVE DEFENSE TO A POSITIVE DRUG TEST; TO AUTHORIZE SCHOOL DISTRICTS TO OFFER IN-SCHOOL COUNSELING OR REFERRAL INFORMATION FOR STUDENTS TESTING POSITIVE FOR DRUGS; TO REQUIRE THE STATE BOARD OF EDUCATION, IN CONSULTATION WITH THE STATE BOARD OF HEALTH AND DEPARTMENT OF MENTAL HEALTH, TO ADOPT RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PREPARE A MODEL DRUG TESTING POLICY FOR SCHOOL DISTRICTS; TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Legislature finds that:
(a) Many school districts within the state have a problem with students who use drugs and alcohol;
(b) Substance use is a serious threat to student health and safety and is a disruptive influence in the school setting; (c) Preventing drug and illegal alcohol use by students is a compelling educational and community interest in the State of Mississippi; and
(d) Student drug testing program will create an atmosphere that deters unruly behavior that warrants disciplinary action and the use of drugs by students, as well as a means to detect and inform parents of their child's substance involvement, allowing for early intervention.
(2) The purposes of this act are to create a safe, drug free environment for students and to protect students by seeking to prevent them from harming themselves and others as a result of the consumption of harmful substances.
SECTION 2. As used in this act, the following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise:
(a) "Confirmation test" means a second drug test on the same specimen that uses an alternate method of equal or greater sensitivity than that used in a previous drug test, used to substantiate the results of the prior drug test on the specimen.
(b) "Drug" means an illegal drug or a prescription or nonprescription medication.
(c) "Drug test" means a chemical test administered for the purpose of determining the presence or absence of a drug or metabolites of a drug in a person's bodily fluids.
(d) "Illegal drug" means any substance, including alcohol that is consumed by a person under the age of twenty-one (21) years, having psychological and/or physiological effects on a human being and that is not a prescription or nonprescription medication, including controlled dangerous substances and controlled substance analogs or volatile substances that produce the psychological and/or physiological effects of a controlled dangerous substance through deliberate introduction into the body.
(e) "Initial test" means an initial drug test to determine the presence or absence of drugs or their metabolites in specimens.
(f) "Positive test result" means a finding of the presence of drugs or the metabolites of drugs in the specimen tested.
(g) "Prescription" or "nonprescription medication" means a drug prescribed for use by a duly licensed physician, dentist or other medical practitioner licensed to issue prescriptions or a drug that is authorized under federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments or injuries.
(h) "Specimen" means a tissue or product of the human body chemically capable of revealing the presence of drugs in the human body.
SECTION 3. (1) Before the commencement of the 2025-2026 school year, the school board of each school district shall adopt a policy requiring drug testing of all students enrolled in Grades 6 through 12 who have been deemed in violation of the district truancy policy as a result of exceeding the total number of allowable excused and unlawful absences under the provisions of Section 37-13-91, the "Mississippi Compulsory School Attendance Law." The policy shall provide:
(a) That the truant student shall be located by the school attendance officer and drug tested, the results of which shall be provided within seventy-two (72) hours of the student being identified and located for purpose of drug testing. The student must present evidence of having submitted to a drug test that resulted in a negative screening before the student is permitted to return to the classroom; and
(b) That if testing of the truant student results in a positive screening, the school principal or licensed professional counselor shall immediately refer the student to the Department of Mental Health for Assessment, which shall make recommendations for mental health and educational services and substance abuse intervention, if determined to be necessary.
(2) A copy of the policy must be provided to each student and the student's parents, guardian or custodian no less than thirty (30) days before the policy's implementation. Each student and the student's parent, guardian or custodian must sign a statement verifying that they have been given notice of the drug testing policy. Any student who fails to comply with the requirements of this section may not be readmitted to the school until proof of compliance is presented to the principal of the student's school.
(3) A school district's drug testing policy must comply with this act and any rules and regulations that the State Board of Education may adopt regarding drug testing policies. A policy must include, but not necessarily be limited to, the following provisions:
(a) The location and address of the county health department to which a student selected for testing must report;
(b) Whether or not a confirmation test will be required or permitted if a student's initial test is positive;
(c) A statement that the student's parent, guardian or custodian is responsible for the cost of the initial test and any confirmation test that may be conducted;
(d) A description of the help available through the school district, the Mississippi Department of Mental Health and other referral sources for students who have positive test results;
(e) An explanation as to whether or not test results are cumulative throughout a student's tenure in the school district or if test results from previous school years are disregarded in subsequent years;
(f) A description of additional consequences to a suspended student who refuses to submit to a drug test, including whether or not a refusal may be construed as a drug-positive test;
(g) A clear description of who will have access of drug testing results and the manner by which confidentiality will be maintained;
(h) The manner in which a parent, guardian or custodian will be informed of a child's positive test result; and
(i) The manner in which a student may challenge positive test results, including a mechanism for students to present evidence of the use of a prescription medication that may have triggered a positive test result.
SECTION 4. (1) Whenever a school official receives notification of a confirmed positive test result, the tested student and the student's parents, guardian or custodian must be informed in writing of the consequences of the positive test and the options available to them. The information provided to the student and the student's parents, guardian or custodian must include what drug, including alcohol, was discovered. When requested by the parents, guardian or custodian, copies of all analytical results must be made available from the county health department.
(2) Within seventy-two (72) hours of receiving the test results, a student who tests positive may request a re-test of the original specimen, at the student's cost, by an independent testing facility.
(3) A student who receives a positive result on a confirmation test may submit, no later than five (5) school days after receiving the results, information to the school explaining the test results and reasons why the results do not constitute a violation of the school district's drug testing policy.
(4) All student specimens testing negative on the initial test or on the confirmation test must be reported as negative.
(5) Notwithstanding any other provision of law, a school district shall not report positive drug test results to law enforcement authorities or court officials.
SECTION 5. (1) All testing for drugs under this act must be performed in accordance with the following procedures:
(a) The collection of specimens must be performed at the county health department under such conditions that the individual dignity of the student being testing is preserved to the extent practicable;
(b) Specimens must be collected in a manner reasonably calculated to prevent substitution of specimens and interference with the collection or testing of specimens;
(c) Specimen collection must be documented by chain of custody procedures, including labeling of specimen containers to reasonably preclude the likelihood of erroneous identification of test results and other chain of custody protections;
(d) Specimen handling must be performed in a reasonable manner to preclude specimen contamination or adulteration;
(e) The initial test must be in the form of the urinalysis dipstick; and
(f) The type of any subsequent confirmation test must be selected by the student from a list of approved tests made available to the student by the school district or county health department.
(2) A drug test requested by a school under this act must occur immediately before, during or immediately after the regular school day.
(3) Testing for drugs under this act may be only for the presence of illegal drugs, legal drugs used illegally or alcohol in the specimen.
(4) A confirmation test must use a method of equal or greater reliability than the urinalysis dipstick used in the initial test. If an initial test is negative, there may be no requirement for a confirmation test.
(5) Tests must be conducted by properly trained persons under circumstances that ensure the integrity, validity and accuracy of the test results but are minimally intrusive and provide maximum privacy to the tested student. Specimens confirmed as positive must be retained for possible retesting or reanalysis.
SECTION 6. (1) A county health department shall disclose only to school authorities test result data regarding the presence or absence of a drug or alcohol or their metabolites in a specimen tested. Positive test results from a student drug test may not be used as evidence in a criminal action against the school district or student tested.
(2) A student must be given access to information in the student's personal file relating to positive test result reports and other information acquired in the drug testing process, including conclusions drawn from and actions taken based on the reports and other acquired information.
(3) Information resulting from a drug test conducted pursuant to this act must be kept confidential and may not be used for law enforcement purposes; however, the information may be utilized for disciplinary, statistical or research purposes.
(4) Test result reports and other information acquired in the drug testing process must be deemed to be private and confidential information and may not be disclosed by school authorities or the county health department to another public or nonpublic school or to a third party individual, governmental agency or private organization without the written consent of the student and the student's parents, guardian or custodian.
(5) Each school shall maintain drug testing records separate from the students' permanent records and cumulative folders. The school may retain in a student's drug testing records information indicating only the following:
(a) Evidence of the results of a student's drug test presented to the school before the student's enrollment;
(b) The date of the drug test;
(c) The identity of the person performing the drug test; and
(d) Whether the drug test finding was positive or negative.
SECTION 7. Any student who receives a positive test result may present through clear and convincing evidence, as an affirmative defense, that the use of a drug was prescribed by a licensed medical practitioner who is familiar with the student's medical history and that the drug was used in accordance with school district policies.
SECTION 8. A school district, in conjunction with a student's parents, guardian or custodian, may offer in-school counseling for any student whose test results are positive or alternatively, may provide referral information for the purpose of obtaining drug or other counseling as appropriate. Referral information must include information on inpatient, outpatient and community-based drug and alcohol treatment programs.
SECTION 9. The State Board of Education, in consultation with the State Board of Health and Department of Mental Health, shall adopt any rules and regulations that may be necessary to carry out this act. The State Department of Education shall prepare a model policy for use by school districts that conforms to the requirements prescribed for drug testing policies under Section 3 of this act.
SECTION 10. Section 37-13-91, Mississippi Code of 1972, is amended as follows:
37-13-91. (1) This section shall be referred to as the "Mississippi Compulsory School Attendance Law."
(2) The following terms as used in this section are defined as follows:
(a) "Parent" means the father or mother to whom a child has been born, or the father or mother by whom a child has been legally adopted.
(b) "Guardian" means a guardian of the person of a child, other than a parent, who is legally appointed by a court of competent jurisdiction.
(c) "Custodian" means any person having the present care or custody of a child, other than a parent or guardian of the child.
(d) "School day" means not less than five and one-half (5-1/2) and not more than eight (8) hours of actual teaching in which both teachers and pupils are in regular attendance for scheduled schoolwork.
(e) "School" means any public school, including a charter school, in this state or any nonpublic school in this state which is in session each school year for at least one hundred eighty (180) school days, except that the "nonpublic" school term shall be the number of days that each school shall require for promotion from grade to grade.
(f) "Compulsory-school-age child" means a child who has attained or will attain the age of six (6) years on or before September 1 of the calendar year and who has not attained the age of seventeen (17) years on or before September 1 of the calendar year; and shall include any child who has attained or will attain the age of five (5) years on or before September 1 and has enrolled in a full-day public school kindergarten program.
(g) "School attendance officer" means a person employed by the State Department of Education pursuant to Section 37-13-89.
(h) "Appropriate school official" means the superintendent of the school district, or his designee, or, in the case of a nonpublic school, the principal or the headmaster.
(i) "Nonpublic school" 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.
(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:
(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 children with physical or mental disadvantages or disabilities.
(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 charter school or nonpublic school, or the appropriate school official for any or all children attending a charter school or 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 charter school or 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.
(4) An "unlawful absence" is an absence for an entire school day or during part of a school day by a compulsory-school-age child, which absence is not due to a valid excuse for temporary nonattendance. For purposes of reporting absenteeism under subsection (6) of this section, if a compulsory-school-age child has an absence that is more than thirty-seven percent (37%) of the instructional day, as fixed by the school board for the school at which the compulsory-school-age child is enrolled, the child must be considered absent the entire school day. Days missed from school due to disciplinary suspension shall not be considered an "excused" absence under this section. This subsection shall not apply to children enrolled in a nonpublic school.
Each of the following shall constitute a valid excuse for temporary nonattendance of a compulsory-school-age child enrolled in a noncharter public school, provided satisfactory evidence of the excuse is provided to the superintendent of the school district, or his designee:
(a) An absence is excused when the absence results from the compulsory-school-age child's attendance at an authorized school activity with the prior approval of the superintendent of the school district, or his designee. These activities may include field trips, athletic contests, student conventions, musical festivals and any similar activity.
(b) An absence is excused when the absence results from illness or injury which prevents the compulsory-school-age child from being physically able to attend school.
(c) An absence is excused when isolation of a compulsory-school-age child is ordered by the county health officer, by the State Board of Health or appropriate school official.
(d) An absence is excused when it results from the death or serious illness of a member of the immediate family of a compulsory-school-age child. The immediate family members of a compulsory-school-age child shall include children, spouse, grandparents, parents, brothers and sisters, including stepbrothers and stepsisters.
(e) An absence is excused when it results from a medical or dental appointment of a compulsory-school-age child.
(f) An absence is excused when it results from the attendance of a compulsory-school-age child at the proceedings of a court or an administrative tribunal if the child is a party to the action or under subpoena as a witness.
(g) An absence may be excused if the religion to which the compulsory-school-age child or the child's parents adheres, requires or suggests the observance of a religious event. The approval of the absence is within the discretion of the superintendent of the school district, or his designee, but approval should be granted unless the religion's observance is of such duration as to interfere with the education of the child.
(h) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that the purpose of the absence is to take advantage of a valid educational opportunity such as travel, including vacations or other family travel. Approval of the absence must be gained from the superintendent of the school district, or his designee, before the absence, but the approval shall not be unreasonably withheld.
(i) An absence may be excused when it is demonstrated to the satisfaction of the superintendent of the school district, or his designee, that conditions are sufficient to warrant the compulsory-school-age child's nonattendance. However, no absences shall be excused by the school district superintendent, or his designee, when any student suspensions or expulsions circumvent the intent and spirit of the compulsory attendance law.
(j) An absence is excused when it results from the attendance of a compulsory-school-age child participating in official organized events sponsored by the 4-H or Future Farmers of America (FFA). The excuse for the 4-H or FFA event must be provided in writing to the appropriate school superintendent by the Extension Agent or High School Agricultural Instructor/FFA Advisor.
(k) An absence is excused when it results from the compulsory-school-age child officially being employed to serve as a page at the State Capitol for the Mississippi House of Representatives or Senate.
(5) Any parent, guardian or custodian of a compulsory-school-age child subject to this section who refuses or willfully fails to perform any of the duties imposed upon him or her under this section or who intentionally falsifies any information required to be contained in a certificate of enrollment, shall be guilty of contributing to the neglect of a child and, upon conviction, shall be punished in accordance with Section 97-5-39.
Upon prosecution of a parent, guardian or custodian of a compulsory-school-age child for violation of this section, the presentation of evidence by the prosecutor that shows that the child has not been enrolled in school within eighteen (18) calendar days after the first day of the school year of the public school which the child is eligible to attend, or that the child has accumulated twelve (12) unlawful absences during the school year at the public school in which the child has been enrolled, shall establish a prima facie case that the child's parent, guardian or custodian is responsible for the absences and has refused or willfully failed to perform the duties imposed upon him or her under this section. However, no proceedings under this section shall be brought against a parent, guardian or custodian of a compulsory-school-age child unless the school attendance officer has contacted promptly the home of the child and has provided written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance.
(6) If a compulsory-school-age child has not been enrolled in a school within fifteen (15) calendar days after the first day of the school year of the school which the child is eligible to attend or the child has accumulated five (5) unlawful absences during the school year of the public school in which the child is enrolled, the school district superintendent, or his designee, shall report, within two (2) school days or within five (5) calendar days, whichever is less, the absences to the school attendance officer. The State Department of Education shall prescribe a uniform method for schools to utilize in reporting the unlawful absences to the school attendance officer. The superintendent, or his designee, also shall report any student suspensions or student expulsions to the school attendance officer when they occur.
(7) When a school attendance officer has made all attempts to secure enrollment and/or attendance of a compulsory-school-age child and is unable to effect the enrollment and/or attendance, the attendance officer shall file a petition with the youth court under Section 43-21-451 or shall file a petition in a court of competent jurisdiction as it pertains to parent or child. Sheriffs, deputy sheriffs and municipal law enforcement officers shall be fully authorized to investigate all cases of nonattendance and unlawful absences by compulsory-school-age children, and shall be authorized to file a petition with the youth court under Section 43-21-451 or file a petition or information in the court of competent jurisdiction as it pertains to parent or child for violation of this section. The youth court shall expedite a hearing to make an appropriate adjudication and a disposition to ensure compliance with the Compulsory School Attendance Law, and may order the child to enroll or re-enroll in school. The superintendent of the school district to which the child is ordered may assign, in his discretion, the child to the alternative school program of the school established pursuant to Section 37-13-92.
(8) The State Board of Education shall adopt rules and regulations for the purpose of reprimanding any school superintendents who fail to timely report unexcused absences under the provisions of this section.
(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.
(10) In addition to the penalties prescribed in this section for the failure of a compulsory-school-age child to be enrolled in school as required herein, or persists in truant behavior as evidenced by chronic absenteeism, as determined by exceeding the allowable number of days for unlawful or unexcused absences as stipulated by law and local school district policy, any offending compulsory-school-age child shall be required to submit to drug testing in the manner prescribed by Sections 2 through 9 of this act.
SECTION 11. This act shall take effect and be in force from and after July 1, 2025.