MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Education

By: Senator(s) Carter, Carlton

AN ACT TO AMEND SECTION 37-11-55, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE REMOVAL FROM CLASS OF ANY STUDENT WHO CONTINUES TO INTERFERE WITH THE TEACHER'S ABILITY TO COMMUNICATE EFFECTIVELY WITH THE STUDENTS IN THE CLASS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 37-11-55, Mississippi Code of 1972, is amended as follows:

37-11-55. (1) The local school board shall adopt and make available to all teachers, school personnel, students and parents or guardians, at the beginning of the 1992-1993 school year and each school year thereafter, a code of student conduct developed in consultation with teachers, school personnel, students and parents or guardians. The code shall be based on the rules governing student conduct and discipline adopted by the school board and may be made available at the school level in the student handbook or similar publication. The code shall include, but not be limited to:

(a) Specific grounds for disciplinary action;

(b) Procedures to be followed for acts requiring discipline; and

(c) An explanation of the responsibilities and rights of students with regard to attendance, respect for persons and property, knowledge and observation of rules of conduct, the right to learn, free speech and student publications, assembly, privacy and participation in school programs and activities.

(2) A teacher may remove from class a student who has been documented by the teacher to repeatedly interfere with the teacher's ability to communicate effectively with the students in the class. Not later than the third day on which the student is removed from the class, the principal shall schedule a hearing among the principal or the principal's designee, a parent or guardian of the student, the teacher and the student.

Following the hearing, and whether or not all requested parties are in attendance after valid attempts to require their attendance, the principal shall:

(a) Suspend the student for a period consistent with local policy;

(b) Place the student in an alternative education program; or

(c) Place the student back in class.

If a student is removed a second time under this subsection within the same semester, the student may be returned to class only by action of the superintendent at the principal's written request. If a student is removed a third or subsequent time under this subsection within the same semester, the student may be returned to class only by action of the district's board of trustees at the written request of the superintendent.

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