Bill Text: MS HB1413 | 2017 | Regular Session | Enrolled
Bill Title: Suspension and expulsion; clarify terms of disciplinary action resulting in and provide due process.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-03-20 - Approved by Governor [HB1413 Detail]
Download: Mississippi-2017-HB1413-Enrolled.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Education
By: Representative Roberson
House Bill 1413
(As Sent to Governor)
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
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.
