LEGAL/LEGISLATIVE UPDATES
ACROSS THE STATES

MISSISSIPPI

Certificate of enrollment changes proposed

Mississippi House Bill 220 introduced by Representative Michael Lott (R-104) would have made changes to the requirements for homeschoolers' filing of the certificate of enrollment. Under current law, the certificate of enrollment must be returned to the school attendance officer by September 15 of each year. In the event a parent fails to meet this deadline, the attendance officer must provide a written notice of noncompliance, giving the parent 10 days in which to submit the required form.

The proposed legislation would have required parents to submit the completed certificate of enrollment "before the beginning of the eleventh school day of each year," thus tying the date for submission to commencement of the public school term. A parent failing to file the certificate of enrollment on time would have been notified by the school attendance officer by certified mail of this legal requirement. If the parent did not comply within two school days or five calendar days, whichever is less, a parent would have been in violation of the compulsory attendance law.

In the past, public school officials have complained that the September 15 deadline for filing the certificate of enrollment is inadequate because it is not early enough for them to know whether a child will be in a home instruction program or is simply truant. Home School Legal Defense Association has assisted a number of member families who were told by attendance officers that the certificate of enrollment had to be filed within a certain number of days of the start of public school. HSLDA opposes any change to current law that would force parents to file their certificate of enrollment according to the schedule of the public schools. Parents should continue to have the flexibility to begin their home instruction program with the September 15 filing.

Fortunately, this bill died in the House Education Committee on February 4, 2003.

— Dewitt T. Black