Bill Text: MS HB1452 | 2020 | Regular Session | Introduced
Bill Title: Due process hearing; grant automatically for students subject to suspension or expulsion for disciplinary matters in school.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2020-03-03 - Died In Committee [HB1452 Detail]
Download: Mississippi-2020-HB1452-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Education
By: Representatives Thompson, Burnett
House Bill 1452
AN ACT TO AMEND SECTION 37-9-71, MISSISSIPPI CODE OF 1972, TO REQUIRE STUDENTS AND PARENTS TO BE GRANTED AN AUTOMATIC DUE PROCESS HEARING FOR ALL DISCIPLINARY MATTERS IN WHICH A PRINCIPAL MAKES A RECOMMENDATION FOR A STUDENT TO BE SUSPENDED, REFERRED TO AN ALTERNATIVE SCHOOL SETTING OR EXPELLED; TO PROVIDE THAT SUCH HEARING SHALL OCCUR ON THE NEXT DAY IMMEDIATELY FOLLOWING THE DISRUPTIVE BEHAVIOR; TO PROVIDE THAT THE STUDENT SHALL REMAIN IN REGULAR ATTENDANCE AT THE SCHOOL OF ENROLLMENT UNTIL THE MATTER IS RESOLVED WITH THE SUPERINTENDENT OR LOCAL SCHOOL BOARD ON APPEAL; TO PROVIDE THAT THE STANDARD OF PROOF IN ALL DISCIPLINARY MATTERS SHALL BE CLEAR AND CONVINCING 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 * * * shall have the power to suspend or expel a
pupil for good cause, based upon the disciplinary recommendation of the
principal of a school, 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 * * *, administrator
referral to alternative school or expulsion, a student shall * * * be granted an automatic
due process hearing and may, at his or her discretion, be represented by
legal counsel, to present evidence and cross-examine witnesses presented by the
district. The required due process hearing shall occur on the next business
day immediately following the occurrence of the offense for which the
disciplinary recommendation is made. Until such time that the due process
hearing is provided and an official determination is made by the superintendent
as to whether the offending student will be suspended, referred to an
alternative school setting or expelled, the student who is subject to
disciplinary action shall remain in regular attendance at his or her school of
enrollment. The student and the student's parent, legal guardian or person
in custody of the student may appeal the decision of the superintendent to
uphold recommendations for suspensions, * * * referrals to
alternative school settings and expulsions to the school board. If an
appeal is made, the student who is subject to disciplinary action shall remain
in regular attendance at his or her school of enrollment until the school board
makes a ruling on the appeal, which shall be final. The standard of proof
in all disciplinary proceedings shall be * * * clear and convincing
evidence. The parent or guardian of the child shall be advised of this right
to a hearing by the appropriate superintendent or principal * * *.
SECTION 2. This act shall take effect and be in force from and after July 1, 2020.
