Bill Text: MS HB1414 | 2017 | Regular Session | Introduced
Bill Title: School employees; require superintendent provide notice of charges against when dismissed or suspended from work duties.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2017-02-09 - Died On Calendar [HB1414 Detail]
Download: Mississippi-2017-HB1414-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Education
By: Representative Roberson
House Bill 1414
AN ACT TO AMEND SECTION 37-9-59, MISSISSIPPI CODE OF 1972, TO REQUIRE THE SUPERINTENDENT TO NOTIFY A LICENSED SCHOOL EMPLOYEE OF CHARGES AGAINST HIM BEFORE THAT EMPLOYEE IS DISMISSED OR SUSPENDED FOR FIVE DAYS OR MORE; TO REQUIRE THE SUPERINTENDENT TO NOTIFY A LICENSED SCHOOL EMPLOYEE OF CHARGES AGAINST HIM BEFORE THAT EMPLOYEE IS DISMISSED OR SUSPENDED FOR FIVE DAYS OR LESS AND TO PROVIDE THAT EMPLOYEE WITH THE OPPORTUNITY TO RESPOND TO THOSE CHARGES AND REQUEST A REVIEW OF THE SUPERINTENDENT'S DECISION BY THE SCHOOL BOARD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-9-59, Mississippi Code of 1972, is amended as follows:
37-9-59. For incompetence,
neglect of duty, immoral conduct, intemperance, brutal treatment of a pupil or
other good cause, the superintendent of schools may dismiss or suspend
any licensed employee in any school district. Before being so dismissed or
suspended for more than five (5) days, any licensed employee shall be
notified of the charges against him and he shall be advised that he is entitled
to a public hearing upon * * *said those charges. A licensed employee who is
suspended for five (5) days or less shall be notified of the charges against
him and provided an opportunity to respond to the charges. Upon request by the
employee, the decision of the superintendent shall be subject to review by the
school board. * * * A school superintendent whose employment has been
terminated under this section shall not have the right to request a hearing
before the school board or a hearing officer. * * * However, * * * a licensed employee in a conservator
school district whose employment has been terminated under this section for good
cause as determined by a conservator appointed by the State Board of Education
shall not have a right to request a hearing before the school board, a hearing
officer or the State Board of Education. The conservator has the right to
immediately terminate a licensed employee under this section. In the event the
continued presence of * * *
the employee on school premises poses a potential threat or danger to
the health, safety or general welfare of the students, or, in the discretion of
the superintendent, may interfere with or cause a disruption of normal school
operations, the superintendent may immediately release * * * the employee of all duties pending
a hearing if one is requested by the employee. In the event a licensed
employee is arrested, indicted or otherwise charged with a felony by a
recognized law enforcement official, the continued presence of the licensed
employee on school premises shall be deemed to constitute a disruption of
normal school operations. The school board, upon a request for a hearing by
the person so suspended or removed shall set a date, time and place for such
hearing which shall be not sooner than five (5) days nor later than thirty (30)
days from the date of the request. The procedure for such hearing shall be as
prescribed for hearings before the board or hearing officer in Section 37-9-111.
From the decision made at * * * the hearing, any licensed employee
shall be allowed an appeal to the chancery court in the same manner as appeals
are authorized in Section 37-9-113. Any party aggrieved by action of the
chancery court may appeal to the Mississippi Supreme Court as provided by law.
In the event that a licensed employee is immediately relieved of duties pending
a hearing, as provided in this section, * * * the employee shall be entitled to
compensation for a period up to and including the date that the initial hearing
is set by the school board, in the event that there is a request for such a
hearing by the employee. In the event that an employee does not request a
hearing within five (5) calendar days of the date of the notice of discharge or
suspension, it shall constitute a waiver of all rights by * * * the employee and * * * the discharge or suspension shall
be effective on the date set out in the notice to the employee.
The school board of every
school district in this state is * * * prohibited from denying employment or
reemployment to any person as a superintendent, principal or licensed employee,
as defined in Section 37-19-1, or as a noninstructional personnel, as defined
in Section 37-9-1, for the single reason that any eligible child of * * * that person does not attend the
school system in which * * *
the superintendent, principal, licensed employee or noninstructional
personnel is employed.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
