Bill Text: MS HB358 | 2017 | Regular Session | Introduced
Bill Title: MDHS; revise authority of superintendents to reenroll students in school upon an order of the youth court to do so.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB358 Detail]
Download: Mississippi-2017-HB358-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Education
By: Representative Faulkner
House Bill 358
AN ACT TO AMEND SECTION 43-21-621, MISSISSIPPI CODE OF 1972, TO PROVIDE THE SUPERINTENDENT OF SCHOOLS WITH THE DISCRETIONARY AUTHORITY TO ASSIGN A CHILD WHO COMMITS A VIOLENT ACT ON SCHOOL PROPERTY TO AN ALTERNATIVE SCHOOL PROGRAM UPON THE CHILD'S ENROLLMENT OR REENROLLMENT IN THE SCHOOL DISTRICT; TO PROVIDE THAT THIS DISCRETIONARY AUTHORITY OF ASSIGNMENT SHALL ONLY BE APPLICABLE WHEN THE OFFENSE WAS COMMITTED ON SCHOOL PROPERTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-21-621, Mississippi Code of 1972, is amended as follows:
43-21-621. (1) The youth
court may, in compliance with the laws governing education of children, order
any state-supported public school in its jurisdiction after notice and hearing
to enroll or reenroll any compulsory-school-age child in school, and further
order appropriate educational services. Provided, however, that the youth
court shall not order the enrollment or reenrollment of a student that has been
suspended or expelled by a public school pursuant to Section 37-9-71 or 37-7-301
for possession of a weapon on school grounds, for an offense involving a threat
to the safety of other persons or for the commission of a violent act. For the
purpose of this section "violent act" means any action which results
in death or physical harm to another or an attempt to cause death or physical
harm to another. The superintendent of the school district to which such child
is ordered may, in his discretion, assign such child to the alternative school
program of such school established pursuant to Section 37-13-92, * * *. However, this
discretionary authority of assignment provided to the superintendent shall only
apply in instances where the violent act committed by the child occurred on
school property, as defined in Section 37-11-29(3); otherwise, the
superintendent shall assign the child to a school in the district with the
general student population. The court shall have jurisdiction to enforce
school and education laws. Nothing in this section shall be construed to
affect the attendance of a child in a legitimate home instruction program.
(2) The youth court may specify the following conditions of probation related to any juvenile ordered to enroll or reenroll in school: That the juvenile maintain passing grades in up to four (4) courses during each grading period and meet with the court counselor and a representative of the school to make a plan for how to maintain those passing grades.
(3) If the adjudication of delinquency was for an offense involving a threat to the safety of the juvenile or others and school attendance is a condition of probation, the youth court judge shall make a finding that the principal of the juvenile's school should be notified. If the judge orders that the principal be notified, the youth court counselor shall within five (5) days or before the juvenile begins to attend school, whichever occurs first, notify the principal of the juvenile's school in writing of the nature of the offense and the probation requirements related to school attendance. A principal notified by a juvenile court counselor shall handle the report according to the guidelines and rules adopted by the State Board of Education.
(4) The Administrative Office of the Courts shall report to the Legislature on the number of juveniles reported to principals in accordance with this section no later than January 1, 1996.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
