Bill Amendment: MS HB1413 | 2017 | Regular Session
Bill Title: Suspension and expulsion; clarify terms of disciplinary action resulting in and provide due process.
Status: 2017-03-20 - Approved by Governor [HB1413 Detail]
Download: Mississippi-2017-HB1413-Senate_Committee_Amendment_No_1.html
Pending
COMMITTEE AMENDMENT NO 1 PROPOSED TO
House Bill No. 1413
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 37-9-71, Mississippi Code of 1972, is amended as follows:
37-9-71. The superintendent
of schools and the principal of a school shall have the power to suspend or
expel a pupil for good cause, including misconduct in the school or on
school property, as defined in Section 37-11-29, on the road to and from
school, or at any school-related activity or event * * *
when such conduct by a pupil, in the determination of the superintendent or
principal, renders that pupil's presence in the classroom a disruption to the
educational environment of the school or a detriment to the best interest and
welfare of the pupils and teacher of such class as a whole, or for any reason
for which such pupil might be suspended, dismissed or expelled by the school
board under state or federal law or any rule, regulation or policy of the local
school district. * * * For any suspension of more than ten (10) days or
expulsions, a student shall have the right to a due process hearing, be
represented by legal counsel, to present evidence and cross-examine witnesses
presented by the district. The student and the student's parent, legal
guardian or person in custody of the student may appeal suspension of more than
ten (10) days and expulsions to the school board. The standard of proof in all
disciplinary proceedings shall be substantial evidence. The parent or
guardian of the child shall be advised of this right to a hearing by the
appropriate superintendent or principal and the proper form shall be provided
for requesting such a hearing.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 37-9-71, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DIFFERENCE BETWEEN DISCIPLINARY ACTIONS IMPOSED UPON STUDENTS RESULTING IN 10 OR MORE DAYS OF SUSPENSION OR EXPULSION FROM SCHOOL; TO PROVIDE THE RIGHT TO SUCH STUDENTS TO A DUE PROCESS HEARING AT WHICH THEY MAY BE REPRESENTED BY LEGAL COUNSEL, PRESENT EVIDENCE AND CROSS-EXAMINE SCHOOL DISTRICT WITNESSES; TO PROVIDE FOR THE RIGHT OF APPEAL TO THE LOCAL SCHOOL BOARD; TO STIPULATE THAT THE BURDEN OF PROOF IN ALL DISCIPLINARY PROCEEDINGS SHALL BE SUBSTANTIAL EVIDENCE; AND FOR RELATED PURPOSES.
