Bill Text: MS HB1413 | 2017 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Suspension and expulsion; clarify terms of disciplinary action resulting in and provide due process.

Sponsorship: Partisan Bill (Republican 1)

Status: (Passed) 2017-03-20 - Approved by Governor [HB1413 Detail]

Download: Mississippi-2017-HB1413-Introduced.html

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MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Education

By: Representative Roberson

House Bill 1413

AN ACT TO AMEND SECTION 37-9-71, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DIFFERENCE BETWEEN DISCIPLINARY ACTIONS IMPOSED UPON STUDENTS RESULTING IN TEN 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 * * *, or for conduct occurring on property other than school property or other than at a 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.  * * *However, such action of the superintendent or principal shall be subject to review by and the approval or disapproval of the school board.  If the parent, guardian or other person having custody of any child shall feel aggrieved by the suspension or dismissal of that child, then such parent, guardian or other person 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.

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