Bill Text: MS SB2746 | 2017 | Regular Session | Introduced
Bill Title: Student suspensions; provide for informal hearing for short-term suspensions and formal due process hearing for long-term suspensions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [SB2746 Detail]
Download: Mississippi-2017-SB2746-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Education
By: Senator(s) Hopson
Senate Bill 2746
AN ACT TO AMEND SECTION 37-9-71, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN THE CASE OF SHORT-TERM STUDENT SUSPENSIONS FROM SCHOOL THE STUDENT IS ENTITLED ONLY TO AN INFORMAL DUE PROCESS HEARING AND IN THE CASE OF LONG-TERM SUSPENSIONS THE STUDENT IS ENTITLED TO A FORMAL DUE PROCESS HEARING AND PROVIDE STANDARD OF PROOF; 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 and the principal of a school shall have the power to suspend a
pupil for good cause, 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, or for conduct occurring on property other
than school property or other than at a 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 of ten (10) days
or less, a student will be advised of the charges against him and be provided
an opportunity to respond to the charges. For any suspension of more than ten
(10) days, or expulsions, a student shall have the right to a due process
hearing, be represented by legal counsel, to present evidence and cross-examine
witnesses presented by the district. The student may appeal suspensions of
more than ten (10) days and expulsions to the school board. The standard of
proof in all disciplinary proceedings shall be substantial evidence.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
