Mississippi

Summary/Overview: Mississippi’s State Constitution does not on its face guarantee a right to education at public expense, but it does include a legislative obligation to create and maintain public schools.

 Historically, Mississippi’s early constitutions included provisions for public schools. However, in 1960, in an effort to avoid desegregation mandates from the U.S. Supreme Court decision in Brown v. Board of Education, Mississippi amended its constitution to make free public schools a discretionary function of the Legislature. 

The Mississippi Supreme Court recognized that the state constitution may guarantee a “minimally adequate education” via its Due Process Clause: “[T]he right to a minimally adequate public education created and entailed by the laws of this state is one we can only label fundamental. As such this right, to the extent our law vests it in the young citizens of this state, enjoys the full substantive and procedural protections of the due process clause of the Constitution of the State of Mississippi.” Clinton Mun. Sep. Sch. Dist. v. Byrd, 477 So. 2d 237, 240 (Miss. 1985).

Mississippi Const., art. VII, § 201 provides:

The Legislature shall, by general law, provide for the establishment, maintenance and support of free public schools upon such conditions and limitations as the Legislature may prescribe.

Additional Information: SPLC, Mississippi’s Broken Education Promise – A Timeline

• State law equivalents to Title VI, Title IX, Section 504, and the Educational Opportunities Act (EEOA) 

  • No direct state law equivalents exist; Mississippi Department of Education (MDE) lacks a standalone Section 504 formal complaint process, but its Parent & Educator Resource Guide supports districts in implementing Section 504 compliance.  MDE doesn’t have enforcement authority. Compliance is overseen through technical assistance, training, and monitoring, but written complaints go directly to Ed OCR.

Additional state civil rights protections that go beyond federal requirements (e.g., protections for LGBTQ+ students, multilingual learners, undocumented students)

• None identified.

Mississippi Anti-Bullying Statutes

• Miss. Code Ann. § 37-11-67(Anti-Bullying Law) Prohibits bullying or harassing behavior in schools and mandates reporting by school employees, students, or volunteers to “appropriate school officials” when they witness or have reliable information about bullying.

•  Miss. Code Ann. § 37-11-69 (Anti-bullying personnel and discipline policies and code of student conduct.) 

Under Mississippi law, each local school district must adopt and include in their personnel policies, discipline codes, and student conduct policies:

1. A prohibition on bullying or harassing behavior.

2. A prohibition against retaliation toward victims, witnesses, or reporters.

3. A procedure for timely notice to parents/guardians of both alleged victims and perpetrators.

4. Defined student actions to report bullying or seek help.

5. Counseling options available for victims, witnesses, and perpetrators.

6. Procedures to report, investigate, and determine whether bullying occurred.

7. A ban on disciplining students who use reasonable self-defense against bullying.

8. Discipline policies aligned with IDEA for students with disabilities. 

Additionally:

• Policies must respect students' right to reasonable self-defense when attacked.

• Reporting procedures must be posted on the district’s website.

• "Bullying or harassing behavior" includes any pattern of gestures, communications (written, electronic, verbal), physical acts, or threatening communications based on any perceived characteristic, occurring on school property, school‑sponsored events, or buses, that:

  • Places a student or employee in reasonable fear of personal harm or property damage, or

  • Creates a hostile environment that substantially interferes with the student’s education. 

• The statute ensures protection for both students and school employees; prohibits reprisal or retaliation against anyone involved in reporting or witnessing bullying.

• Mandatory reporting: School employees must report, and students or volunteers should report, any witnessed or reliably informed bullying incidents to appropriate school officials.

• No Private Right of Action: The law does not permit individuals to sue under this statute, but it may support claims under federal statutes.

• If seeking to address school policy non-compliance, you could file a complaint with the school board or the Mississippi Department of Education, but this would be regarding the non-compliance with the statute with respect to policy and not an individual claim.  

• State law protections regarding color of law or pattern/practice liability for law enforcement in schools

  • None.

• Other educational protections under state statutes

  • Miss. Code Ann. § 37‑15‑1 et seq. (Student Records): Mandates the State Board of Education to provide standardized forms for maintaining permanent and cumulative student records in public (including charter) schools. Records must include date of birth (verified via official documents), attendance, grades, withdrawal/expulsion history (with reasons), immunization status, and other prescribed information. Schools must verify age upon K–1 enrollment and suspend non-compliant students in Grades 2–12 after 60 days.

  • Miss. Code Ann. § 37‑13‑4 — Religious Liberties in Schools: Permits public school teachers and administrators to allow voluntary student-led prayer on school premises, affirming that schools cannot prescribe prayer content or mandate participation. This provision supplements related statutes under § 37‑13‑4.1.

  • Miss. Code Ann. § 37‑181‑1 et seq. — School Choice (Equal Opportunity for Students with Special Needs Act): Establishes the Equal Opportunity for Students with Special Needs Program (ESA) to provide scholarships for students with special needs to attend private schools or obtain related services. The program, administered by MDE’s Office of Special Education, sets eligibility criteria, funding procedures, parental responsibilities, and oversight mechanisms. Notably, the funding structure and program implementation are outlined in sections § 37‑181‑1 et seq..

  • Miss. Code Ann. § 37‑13‑193 et seq. — Civil Rights & Human Rights Education in Public Schools authorizes inclusion of civil rights and human rights education in K–12 curricula. It directs the State Board of Education, in collaboration with the Mississippi Civil Rights Education Commission, to:

    • Provide guidance and support for civil/human rights education,

    • Review current curricular offerings,

    • Catalog memorials/exhibits,

    • Build a volunteer roster with civil rights experience,

    • Report to the Governor and Legislature on implementation progress. 

  • Miss. Code Ann. § 37‑13‑195 et seq. — Mississippi Civil Rights Education Commission: creates the Mississippi Civil Rights Education Commission, administratively housed within the Secretary of State’s office. Key provisions:

    • Up to 15 members (11 voluntary), with 3-year rotating terms, appointed via four named academic institutions (University of Mississippi, Tougaloo College, University of Southern Mississippi Oral History Project, Jackson State University).

    • Commission tasks include supporting curriculum development and fostering partnerships with national and international entities to promote civil rights education.

• Identify whether state anti-discrimination laws also prohibit discrimination caused by disparate impact. If yes, does the state law allow a private right of action for disparate impact claims?

• No, Mississippi state law does not allow a private right of action for disparate impact claims. 

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