Mississippi legislation · 2026 Regular Session

Mississippi HB2: "Mississippi Educational Freedom Program Act of 2026"; establish to provide greater flexibility and opportunity for school choice.

Status: Failed, March 3, 2026

AN ACT TO CREATE THE "MISSISSIPPI EDUCATION FREEDOM ACT"; TO CREATE NEW SECTION 37-190-1, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE NAME OF THE ACT; TO CREATE NEW SECTION 37-190-3, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE LEGISLATIVE FINDINGS AND INTENT; TO CREATE NEW SECTION 37-190-5, MISSISSIPPI CODE OF 1972, TO PROVIDE TERMS AND DEFINITIONS USED IN THE ACT; TO CREATE NEW SECTION 37-190-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE OFFICE OF THE STATE TREASURER SHALL ADMINISTER THE PROGRAM AS THE FUND MANAGER; TO AUTHORIZE THE FUND MANAGER TO CONTRACT WITH CERTIFIED EDUCATIONAL ASSISTANCE ORGANIZATION(S) (CEAO) AND TO DELEGATE CERTAIN FUNCTIONS TO STATE AGENCIES, INCLUDING THE STATE DEPARTMENT OF EDUCATION; TO PRESCRIBE THE POWERS AND DUTIES OF THE FUND MANAGER, INCLUDING APPLICATION ADMINISTRATION, ELIGIBILITY VERIFICATION, RESIDENCY AND INCOME VERIFICATION, ACCOUNT ESTABLISHMENT AND PAYMENT PROCESSES, PRIORITIZATION AND LOTTERY ADMINISTRATION, AUDIT AND COMPLIANCE ENFORCEMENT, REPORTING AND RULEMAKING AUTHORITY; TO DEFINE AND REGULATE CERTIFIED EDUCATIONAL ASSISTANCE ORGANIZATION(S) (CEAO), INCLUDING PERMITTED ADMINISTRATIVE RETENTION; TO AUTHORIZE FEDERAL VERIFICATION OF IMMIGRATION STATUS FOR LAWFUL PRESENCE PURPOSES; TO PROVIDE A ONE-YEAR EXEMPTION FROM CERTAIN STATE PERSONNEL BOARD RULES FOR PROGRAM IMPLEMENTATION STAFFING; TO PROVIDE THAT THE FUND MANAGER SHALL NOT REGULATE CURRICULUM, INSTRUCTIONAL METHODS, ADMISSIONS, HIRING PRACTICES OR RELIGIOUS INSTRUCTION, EXCEPT AS EXPRESSLY AUTHORIZED; TO CREATE NEW SECTION 37-190-9, MISSISSIPPI CODE OF 1972, TO ESTABLISH MAGNOLIA STUDENT ACCOUNTS; TO PRESCRIBE ELIGIBILITY, PARTICIPATION CATEGORIES, ANNUAL PARTICIPATION CAPS, ELIGIBILITY POOLS WITH AUTOMATIC ROLLOVER BETWEEN POOLS, A SEPARATE HOMESCHOOL CATEGORY; TO PROVIDE FOR THE CONTINUED ELIGIBILITY FOR PARTICIPATING STUDENTS WHO REMAIN IN COMPLIANCE WITHOUT REAPPLICATION; TO PROVIDE FOR INCOME-BASED PRIORITIZATION USING AREA MEDIAN INCOME THRESHOLDS;