MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education

By: Representative Weathersby

AN ACT TO AMEND SECTION 37-11-18, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF SCHOOL SUPERINTENDENTS AND PRINCIPALS TO SUSPEND OR EXPEL STUDENTS FOR POSSESSION OF ANY CONTROLLED SUBSTANCE ON EDUCATIONAL PROPERTY OR AT SCHOOL RELATED ACTIVITIES; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-11-18, Mississippi Code of 1972, is amended as follows:

37-11-18. (1) Any student in any school who possesses * * * a knife, handgun, other firearm or any other instrument considered to be dangerous and capable of causing bodily harm or who commits a violent act on educational property as defined in Section 97-37-17 shall be subject to automatic expulsion for a calendar year by the superintendent or principal of the school in which the student is enrolled; * * * however, * * * the superintendent of the school shall be authorized to modify the period of time for such expulsion on a case by case basis. Such expulsion shall take effect immediately subject to the constitutional rights of due process, which shall include the student's right to appeal to the local school board.

(2) Any student in any school who possesses any controlled substance in violation of the Uniform Controlled Substances Law on educational property or at a school-related activity shall be subject to suspension or automatic expulsion for a calendar year by the superintendent or principal of the school in which the student is enrolled. The superintendent or principal shall establish the period of time for a suspension and may modify the period of time for an expulsion under this subsection on a case by case basis. An expulsion under this subsection shall take effect immediately subject to the constitutional rights of due process, which shall include the student's right to appeal to the local school board.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.