Lawmakers say Ag Commissioner order on excused school absences is non-binding

Lawmakers say Ag Commissioner order on. Lawmakers say Ag Commissioner order on excused school absences is non-binding.

Key points

• "His proclamation or order has no authority or legal rights, " House Education Committee Chairman Rob Roberson (R) informed Magnolia Tribune on Friday.
• Gipson issued a release stating he was issuing "a Commissioner's Order Designating Educational Opportunities of Substantial Merit."
• At the conclusion of the 2026 legislative session, SB 2103 was signed into law, setting new standards for the number of excused absences for public school students.
• "While I appreciate his input, it carries no legal authority, " House Education Chairman Rob Roberson remarked Friday.
• "When this law passed, Chairman Roberson and I anticipated needing to tweak it during the 2027 legislative session, " DeBar continued.

In practice, an order issued by Mississippi Agriculture Commissioner Andy Gipson (R) on Thursday allowing student participation in agricultural events to be considered an excused absence from school is believed to be moot.

Under his "order, " agricultural, livestock and equine events, such as those conducted under local 4-H clubs and Future Farmers of America, are to be classified as excused absences under the state's lately updated Compulsory School Attendance law.

At the conclusion of the 2026 legislative session, SB 2103 was signed into law, setting new standards for the number of excused absences for public school students. Students can now have no more than five excused absences per semester, the last two of which will require a note from a medical provider. New provisions in the bill do stipulate that participation in a number of school related activities will not count toward those excused absences, effectively counting the student present in the classroom. The list includes activities such as choir, sports related competitions, band contests and rodeo events.

Notably, the list does not includes agricultural, livestock and equine events, leading Gipson to matter his order, in which he argues participation in those events are additionally educational.

"Mississippi agriculture is the backbone of our economy and our state, and we need to encourage our 4-H and FFA students to attend these outside-the-classroom educational opportunities, " Gipson stated. "There is a lot more learning than within the four walls of a classroom. As well participating in the best youth leadership development program in Mississippi." Nevertheless, lawmakers contend that Commissioner Gipson's order holds no weight, with livestock, horse and other competitions, our youth are learning soft skills of interpersonal communication.

Senate Education Committee Chair Dennis DeBar (R) agreed, saying Gipson's order is not legally binding.

"I appreciate what the Commissioner is attempting to do. Nevertheless, executive orders of this type issued by an agency head, to my knowledge, have no legal effect whatsoever, " DeBar explained. "The proper avenue to change law is to utilize the legislative process."

There is an expectation that the attendance law will be revised in the upcoming legislative session, both committee chairs remarked Friday.

"I do know that we will be looking at the absence policy next year to make certain there were not any unintended consequences, " Roberson remarked. "While I appreciate his input, it carries no legal authority."

"When this law passed, Chairman Roberson and I anticipated needing to tweak it during the 2027 legislative session, " DeBar continued. As the lawmakers revise the law, Gipson can submit suggestions.

"I have discussed the changes to be made with Chairman Roberson, and I welcome any input Commissioner Gipson would like to offer in anticipation of session, " DeBar remarked.

For context, a request for comment from the Mississippi Department of Education was not received by press time. A copy of Gipson's order is shown below. Regarding the Author(s).

Jeremy Pittari is a lifelong resident of the Gulf Coast. Born and raised in Slidell, La., he moved to South Mississippi in the early 90s. Jeremy earned an associate in arts from Pearl River Community College and went on to attend the University of Southern Mississippi, where he earned a bachelor's of arts in journalism. A week after Hurricane Katrina, he began an internship as a reporter with the community newspaper in Pearl River County. After graduation, he accepted a full-time position at that news outlet where he covered the recovery process post Katrina in Pearl River and Hancock Counties. For almost 17 years he wrote concerning local administration, education, law enforcement, crime, business and a variety of other topics. Email Jeremy: [email protected].

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For now, lawmakers say Ag Commissioner order on excused school absences is non remains the part of the story worth watching, and further updates are likely as more details are confirmed.