Bill Text: MS HB590 | 2019 | Regular Session | Introduced

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Bill Title: School superintendents; revise authority to assign certain students who the youth court orders to be enrolled.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2019-02-05 - Died In Committee [HB590 Detail]

Download: Mississippi-2019-HB590-Introduced.html

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MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Education

By: Representative Faulkner

House Bill 590

AN ACT TO AMEND SECTION 43-21-621, MISSISSIPPI CODE OF 1972, TO LIMIT THE DISCRETIONARY AUTHORITY OF A SCHOOL DISTRICT SUPERINTENDENT TO ASSIGN A CHILD TO AN ALTERNATIVE SCHOOL, WHEN THE YOUTH COURT HAS ORDERED THE CHILD'S ENROLLMENT, TO THOSE INSTANCES WHERE THE CHILD COMMITTED A VIOLENT ACT 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 However 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.  If a violent act committed by the child occurred on school property, as defined in Section 37-11-29(3), 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 * * *,Mississippi Code of 1972.  In all other instances, the superintendent must 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, 2019.

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