MS House passed the “Mississippi Educational Freedom Act of 2026”. Now, what does this mean for my child?
- Empower Advocacy Oxford Inc,
- Jan 18
- 4 min read
MS House passed the “Mississippi Educational Freedom Act of 2026”. Now, what does this mean for my child?
Thursday, January 15, 2026, the Mississippi House of Representatives marginally passed a sweeping education reform bill that may change how Mississippi students receive educational opportunities and support services. With the potential to affect special education planning, student wellness supports, and school stability, this is a critical moment for families to learn what’s in the bill and what steps may come next.
Fact: The bill, which was authored by Representatives Jansen Owen (R), District 106, and House Speaker Jason White (R), District 48, was passed by 2 votes. There were 61- votes for Yes; 59- voted No; and there were 2 people who abstained from voting.
What’s in House Bill (HB) 2?
HB 2 is a comprehensive education package that includes several major elements.
1. Mississippi Educational Freedom Act
At its core, HB 2 creates a state-managed school choice program (often called Magnolia Student
Accounts), which allows eligible students to use state funds for a variety of education-related expenses, such as:
Private school tuition
Tutoring and curriculum materials
Testing and transportation supports
Families can apply for these accounts, which are funded based on state education dollars and prioritized using income-based eligibility criteria.
2. Expanded Public School Choice
HB 2 changes public school transfer rules:
Public school students may transfer to schools outside their home district.
Districts must publish available seats and transfer criteria.
This expands public options beyond neighborhood/area schools.
3. Strengthened Special Needs Education Savings Accounts
The bill specifically expands eligibility and flexibility for students with special needs, allowing such families greater access to education savings accounts intended to support specialized services.
4. Homeschool and Extracurricular Participation
Homeschool families may participate in public school extracurricular activities — often called “Tim Tebow Act” provisions.
5. Charter School Expansion
Charter schools can open with fewer restrictions in areas with lower-performing schools, and the bill modifies charter application and operational structures.
6. Accountability and Assessment Changes
HB 2 requires participation in state assessments for accountability purposes and includes expanded data reporting requirements.
What Happens Next? The Legislative Process
Passing the House is only one step in the legislative journey.
1. Senate Consideration
HB 2 now moves to the Mississippi Senate for debate, potential amendments, and a vote. Families should watch:
Which Senate committees take up the bill (Education, Appropriations, etc.)
Whether changes are made to the structure of savings accounts, accountability requirements, or special needs provisions
2. Conference and Reconciliation
If the Senate amends the bill, legislators may form a conference committee to agree on a final version.
3. Governor’s Desk
Once both chambers agree, the bill will be sent to the Governor for signature or veto.
What Families Should Watch For Next?
A. Special Education Implementation
While HB 2 expands access to education savings accounts for students with special needs, it is NOT the same as an Individualized Education Program (IEP) under federal law.
Important implications:
Schools participating in the choice program are not necessarily bound by IDEA (the federal special education law) in the same way public schools are.
Services guaranteed under a public school IEP may not transfer automatically to a new setting.
Questions families should ask:
Will my child’s support services be contractually guaranteed?
How will therapies (speech, OT, PT) be provided and funded?
What happens if the private or alternative setting cannot meet my child’s needs?
B. Behavioral & Mental Health Needs
School settings often provide:
Behavioral intervention planning
Mental health counseling
Crisis support services
If a family chooses a non-traditional setting, it’s critical to confirm:
What supports are available for anxiety, trauma, self-regulation, and behavioral challenges
Whether trained staff (e.g., licensed counselors) are accessible
How behavior issues are handled — particularly for students with emotional disabilities
C. Medical & Health-Related Supports
Many students need health supports in school, including:
Daily medication administration
Nursing care for chronic conditions
Emergency response plans
Before changing placements, families should be sure:
Medical plans are in writing
Staff are trained and qualified
Standards are in place for illness and emergency response
Stay Informed
Read the HB 2 bill text yourself:
https://billstatus.ls.state.ms.us/documents/2026/html/HB/0001-0099/HB0002IN.htm
Check the voting record to know how lawmakers voted:
Contact Your Elected Officials
➤ Find your Mississippi State Legislator
➤ Mississippi House Representatives List
➤ Mississippi State Senate List
➤ Governor of Mississippi Contact Page
Draft an Email or Write a Letter
Find Your Mississippi State Legislator
Because Mississippi has many House and Senate districts, the best way for a family to contact their own representative or senator is with an address-based lookup tool.
➡️ Find your state legislator by using your
address:
What Is The Botton Line?
If HB 2 becomes law, it may expand options — but it could also create uneven protections, especially for students who depend on IEPs, 504 plans, behavioral supports, and medical accommodations.
Choice without enforceable supports can become risk.
And for many families, stability and services are not optional — they’re essential.
Before Making a Decision: Ask Questions
Before making a decision about changes to your student’s educational placement, inquire about:
Service guarantees
Staffing qualifications
Accountability and progress monitoring
Transition planning
Engage With Legislators
Families can contact their senators and representatives to express preferences, request clarifications, and share real-life impacts.
Empower Advocacy Oxford’s Commitment
At Empower Advocacy Oxford, Inc., we help families:
Understand education policy impacts
Advocate for student rights
Navigate IEP, 504, and health planning in school settings
Ensure appropriate services for every learner
If you have questions about how HB 2 may affect your student or need help reviewing options, please reach out. We’re here to support you with clarity, confidence, and care
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