Bill Text: MS SB2285 | 2018 | Regular Session | Introduced
Bill Title: Suspension of licensed school district employee for five days or less; no requirement for due process hearing by school district.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [SB2285 Detail]
Download: Mississippi-2018-SB2285-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Education
By: Senator(s) Hopson
Senate Bill 2285
AN ACT TO AMEND SECTION 37-9-59, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THERE SHALL BE NO REQUIREMENT FOR A DUE PROCESS HEARING IN THE EVENT A LICENSED SCHOOL DISTRICT EMPLOYEE IS SUSPENDED FOR FIVE DAYS OR LESS; 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 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
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 superintendent's
decision shall be subject to review by the school board, provided, however,
that the suspended employee shall not be entitled to a hearing under Section 37-9-101
et seq. Provided, however, that a school superintendent whose employment
has been suspended or terminated under this section shall not have the
right to request a hearing before the school board or a hearing officer.
Provided * * *
further, that 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 said 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 said 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 said 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, said 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 said employee and such 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 hereby 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 such person does not attend the school system in which such 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, 2018.
