MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Education; Judiciary B
By: Representative Moak
AN ACT TO CREATE THE SCHOOL VIOLENCE PREVENTION ACT OF 2015 RELATING TO ACTS OF CYBERBULLYING; TO STIPULATE WHAT CONSTITUTES CYBERBULLYING THROUGH THE USE OF A COMPUTER OR OTHER ELECTRONIC MEDIA; TO PRESCRIBE PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THIS ACT RELATING TO THE CRIME OF CYBERBULLYING IN GENERAL AND THE CRIME OF CYBERBULLYING OF A SCHOOL EMPLOYEE BY A STUDENT; TO ALLOW FOR THE EXPUNCTION OF A CHARGE AGAINST A STUDENT FOR THE ACT OF CYBERBULLYING UPON THE FULFILLMENT OF TERMS AND CONDITIONS OF THE PENALTY IMPOSED BY A COURT OR IF THE ACT IS DISMISSED OR DISCHARGED; TO PROVIDE THAT NO WARRANT FOR ARREST, ORDER FOR ARREST, CRIMINAL SUMMONS OR OTHER CRIMINAL PROCESS SHALL BE ISSUED BY A MAGISTRATE AGAINST A SCHOOL EMPLOYEE FOR OFFENSES THAT OCCURRED WHILE THE SCHOOL EMPLOYEE WAS IN THE PROCESS OF DISCHARGING HIS OR HER DUTIES OF EMPLOYMENT, WITHOUT THE PRIOR WRITTEN APPROVAL OF THE DISTRICT ATTORNEY; TO ALLOW THE DISTRICT ATTORNEY TO DECLINE THE AUTHORITY TO REQUEST THE ISSUANCE OF A WARRANT FOR ARREST, ORDER FOR ARREST, CRIMINAL SUMMONS OR OTHER CRIMINAL PROCESS BY TRANSMITTING A LETTER SO INDICATING TO THE CHIEF DISTRICT COURT JUDGE; TO REQUIRE THE CHIEF DISTRICT COURT JUDGE UPON RECEIPT OF A LETTER FROM THE DISTRICT ATTORNEY DECLINING THE SUCH AUTHORITY TO APPOINT A MAGISTRATE OR MAGISTRATES TO REVIEW ANY APPLICATION FOR A WARRANT FOR ARREST, ORDER FOR ARREST, CRIMINAL SUMMONS OR OTHER CRIMINAL PROCESS AGAINST A SCHOOL EMPLOYEE; TO AMEND SECTION 37-11-57, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY TO SCHOOL EMPLOYEES WHO TAKE REASONABLE ACTIONS IN GOOD FAITH TO END A FIGHT OR ALTERCATION BETWEEN STUDENTS; TO PREVENT THE LOCAL SCHOOL BOARD FROM REPRIMANDING OR DISMISSING A SCHOOL EMPLOYEE FOR ACTING OR FAILING TO ACT TO STOP OR INTERVENE IN AN ALTERCATION BETWEEN STUDENTS IF THE EMPLOYEE'S ACTIONS ARE CONSISTENT WITH LOCAL SCHOOL BOARD POLICIES; TO BRING FORWARD SECTIONS 37-11-67 AND 37-11-69, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 97-45-1, MISSISSIPPI CODE OF 1972, TO INCLUDE ADDITIONAL TERMS AND DEFINITIONS IN THE PROVISION RELATED TO COMPUTER CRIMES; TO AMEND SECTION 37-9-69, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PRINCIPAL TO IMMEDIATELY REPORT CERTAIN ACTS OF WHICH HE OR SHE HAS PERSONAL KNOWLEDGE OR ACTUAL NOTICE FROM SCHOOL PERSONNEL TO THE APPROPRIATE LOCAL LAW ENFORCEMENT AGENCY; TO REQUIRE THE PRINCIPAL OR THE PRINCIPAL'S DESIGNEE TO NOTIFY THE SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE IN WRITING OR BY ELECTRONIC MAIL REGARDING ANY REPORT MADE TO LAW ENFORCEMENT BY THE END OF THE WORKDAY IN WHICH THE INCIDENT OCCURRED; TO AMEND SECTION 37-15-15, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE TRANSFER OR REASSIGNMENT OF STUDENTS CONVICTED OF CYBERBULLYING IN ANOTHER SCHOOL IN THE DISTRICT OR IN AN ALTERNATIVE SCHOOL PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Except as otherwise made unlawful by this chapter, it shall be unlawful for any person to use a computer or computer network to do any of the following:
(a) With the intent to intimidate or torment a minor:
(i) Build a fake profile or website;
(ii) Pose as a minor in:
1. An Internet chat room;
2. An electronic mail message; or
3. An instant message;
(iii) Follow a minor online or into an Internet chat room; or
(iv) Post or encourage others to post on the Internet private, personal or sexual information pertaining to a minor.
(b) With the intent to intimidate or torment a minor or the minor's parent or guardian:
(i) Post a real or doctored image of a minor on the Internet;
(ii) Access, alter or erase any computer network, computer data, computer program or computer software, including breaking into a password protected account or stealing or otherwise accessing passwords; or
(iii) Use a computer system for repeated, continuing, or sustained electronic communications, including electronic mail or other transmissions, to a minor.
(c) Make any statement, whether true or false, intending to immediately provoke, and that is likely to provoke, any third party to stalk or harass a minor.
(d) Copy and disseminate, or cause to be made, an unauthorized copy of any data pertaining to a minor for the purpose of intimidating or tormenting that minor (in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network).
(e) Sign up a minor for a pornographic Internet site with the intent to intimidate or torment the minor.
(f) Without authorization of the minor or the minor's parent or guardian, sign up a minor for electronic mailing lists or to receive junk electronic messages and instant messages, with the intent to intimidate or torment the minor.
(2) Any person who violates this section shall be guilty of cyberbullying, which offense shall be punishable as a gross misdemeanor if the defendant is eighteen (18) years of age or older at the time the offense is committed. If the defendant is under the age of eighteen (18) at the time the offense is committed, the offense shall be punishable as a misdemeanor.
(3) Whenever any person pleads guilty to or is guilty of an offense under this section, and the offense was committed before the person attained the age of eighteen (18) years, the court may, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings and place the defendant on probation upon such reasonable terms and conditions as the court may require. Upon fulfillment of the terms and conditions of the probation provided for in this subsection, the court shall discharge the defendant and dismiss the proceedings against the defendant. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Upon discharge and dismissal pursuant to this subsection, the person may apply for an order to expunge the complete record of the proceedings resulting in the dismissal and discharge, pursuant to the procedures and requirements set forth in Section 99-15-59.
SECTION 2. (1) The following definitions apply in this section:
(a) "School employee" means any of the following:
(i) An employee of a local school board, a charter school authorized under Section 37-28-1 et seq., a school created for the blind and deaf under Section 43-5-1 et seq., a fine arts school authorized under Section 37-140-1, et seq., or a school organized with specific subject matter interests authorized under Section 37-139-1, et seq.
(ii) An independent contractor or an employee of an independent contractor of a local school board, a charter school authorized under Section 37-28-1 et seq., a school created for the blind and deaf under Section 43-5-1 et seq., a fine arts school authorized under Section 37-140-1, et seq., or a school with organized with specific subject matter interests authorized under Section 37-139-1, et seq., if the independent contractor carries out duties customarily performed by employees of the school.
(b) "Student" means any child who is eligible for attendance in a public school in the state who:
(i) Has been assigned to a school by a local school board as provided in Sections 37-15-13 through 37-15-29;
(ii) Has enrolled in a charter school authorized under Section 37-28-2;
(iii) Attends a school created for the blind and deaf under Section 43-5-1 et seq.; or
(iv) Has enrolled in a fine arts school authorized under Section 37-140-1, et seq., or a school organized with specific subject matter interests authorized under Section 37-139-1, et seq.; or
(v) Has been suspended or expelled from any of the schools described within subparagraphs (i) through (iv) of this paragraph (b) within the last year.
(2) Except as otherwise made unlawful by this chapter, it shall be unlawful for any student to use a computer or computer network to do any of the following:
(a) With the intent to intimidate or torment a school employee, do any of the following:
(i) Build a fake profile or website.
(ii) Post or encourage others to post on the Internet private, personal or sexual information pertaining to a school employee.
(iii) Post a real or doctored image of the school employee on the Internet.
(iv) Access, alter, or erase any computer network, computer data, computer program or computer software, including breaking into a password-protected account or stealing or otherwise accessing passwords.
(v) Use a computer system for repeated, continuing, or sustained electronic communications, including electronic mail or other transmissions, to a school employee.
(b) Make any statement, whether true or false, intending to immediately provoke, and that is likely to provoke, any third party to stalk or harass a school employee.
(c) Copy and disseminate, or cause to be made, an unauthorized copy of any data pertaining to a school employee for the purpose of intimidating or tormenting that school employee (in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network).
(d) Sign up a school employee for a pornographic Internet site with the intent to intimidate or torment the employee.
(e) Without authorization of the school employee, sign up a school employee for electronic mailing lists or to receive junk electronic messages and instant messages, with the intent to intimidate or torment the school employee.
(3) Any student who violates this section is guilty of cyberbullying a school employee, which offense is punishable as a misdemeanor.
(4) Whenever any student pleads guilty to or is guilty of an offense under this section, the court may, without entering a judgment of guilt and with the consent of the student, defer further proceedings and place the student on probation upon such reasonable terms and conditions as the court may require. Upon fulfillment of the terms and conditions of the probation provided for in this subsection, the court shall discharge the student and dismiss the proceedings against the student. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Upon discharge and dismissal pursuant to this subsection, the student may apply for an order to expunge the complete record of the proceedings resulting in the dismissal and discharge, pursuant to the procedures and requirements set forth in Section 99-15-59.
SECTION 3. (1) Notwithstanding any other provision of law, no warrant for arrest, order for arrest, criminal summons, or other criminal process shall be issued by a magistrate against a school employee, as defined in Section 37-11-57(3), for an offense that occurred while the school employee was in the process of discharging his or her duties of employment, without the prior written approval of the district attorney or the district attorney's designee. For purposes of this subsection, the term "district attorney" means the person elected to the office of district attorney. This subsection does not apply if the offense is a traffic offense or if the offense occurred in the presence of a sworn law enforcement officer. The district attorney may decline to accept the authority set forth in this subsection; in such case, the procedure and review authority shall be as set forth in subsection (2) of this section.
(2) A district attorney may decline the authority provided under subsection (1) of this section by transmitting a letter so indicating to the chief district court judge. Upon receipt of a letter from the district attorney declining the authority provided in subsection (1) of this section, the chief district court judge shall appoint a magistrate or magistrates to review any application for a warrant for arrest, order for arrest, criminal summons, or other criminal process against a school employee, as defined in Section 37-11-57(3), where the allegation is that the school employee committed a misdemeanor offense while discharging his or her duties of employment. The failure to comply with any of the requirements in this subsection shall not affect the validity of any warrant, order, summons, or other criminal process. The following exceptions apply to the requirements in this subsection:
(a) The offense is a traffic offense;
(b) The offense occurred in the presence of a sworn law enforcement officer; or
(c) There is no appointed magistrate available to review the application.
SECTION 4. Section 37-11-57, Mississippi Code of 1972, is amended as follows:
37-11-57. (1) Except in the case of excessive force or cruel and unusual punishment, a public school teacher, assistant teacher, principal, or an assistant principal acting within the course and scope of his employment shall not be liable for any action carried out in conformity with state or federal law or rules or regulations of the State Board of Education or the local school board or governing board of a charter school regarding the control, discipline, suspension and expulsion of students. The local school board shall provide any necessary legal defense to a teacher, assistant teacher, principal, or assistant principal in the school district who was acting within the course and scope of his employment in any action which may be filed against such school personnel. A school district or charter school, as the case may be, shall be entitled to reimbursement for legal fees and expenses from its employee if a court finds that the act of the employee was outside the course and scope of his employment, or that the employee was acting with criminal intent. Any action by a school district or charter school against its employee and any action by the employee against the school district or charter school for necessary legal fees and expenses shall be tried to the court in the same suit brought against the school employee.
(2) Corporal punishment administered in a reasonable manner, or any reasonable action to maintain control and discipline of students taken by a public school teacher, assistant teacher, principal or assistant principal acting within the scope of his employment or function and in accordance with any state or federal laws or rules or regulations of the State Board of Education or the local school board or governing board of a charter school does not constitute negligence or child abuse. No public school teacher, assistant teacher, principal or assistant principal so acting shall be held liable in a suit for civil damages alleged to have been suffered by a student as a result of the administration of corporal punishment, or the taking of action to maintain control and discipline of a student, unless the court determines that the teacher, assistant teacher, principal or assistant principal acted in bad faith or with malicious purpose or in a manner exhibiting a wanton and willful disregard of human rights or safety. For the purposes of this subsection, "corporal punishment" means the reasonable use of physical force or physical contact by a teacher, assistant teacher, principal or assistant principal, as may be necessary to maintain discipline, to enforce a school rule, for self-protection or for the protection of other students from disruptive students.
(3) No public school teacher, assistant teacher, principal or assistant principal who takes reasonable actions in good faith to end a fight or altercation between students shall incur any civil or criminal liability as the result of those actions.
(4) No school employee shall be reprimanded or dismissed for acting or failing to act to stop or intervene in an altercation between students if the employee's actions are consistent with local school board policies.
SECTION 5. Section 37-11-67, Mississippi Code of 1972, is brought forward as follows:
37-11-67. (1) As used in this section, "bullying or harassing behavior" is any pattern of gestures or written, electronic or verbal communications, or any physical act or any threatening communication, or any act reasonably perceived as being motivated by any actual or perceived differentiating characteristic, that takes place on school property, at any school-sponsored function, or on a school bus, and that:
(a) Places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or
(b) Creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities or benefits. For purposes of this section, "hostile environment" means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior.
(2) No student or school employee shall be subjected to bullying or harassing behavior by school employees or students.
(3) No person shall engage in any act of reprisal or retaliation against a victim, witness or a person with reliable information about an act of bullying or harassing behavior.
(4) A school employee who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior shall report the incident to the appropriate school official.
(5) A student or volunteer who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior should report the incident to the appropriate school official.
SECTION 6. Section 37-11-69, Mississippi Code of 1972, is brought forward as follows:
37-11-69. Before December 31, 2010, each local school district shall include in its personnel policies, discipline policies and code of student conduct a prohibition against bullying or harassing behavior and adopt procedures for reporting, investigating and addressing such behavior. The policies must recognize the fundamental right of every student to take reasonable actions as may be necessary to defend himself or herself from an attack by another student who has evidenced menacing or threatening behavior through bullying or harassing.
SECTION 7. Section 97-45-1, Mississippi Code of 1972, is amended as follows:
97-45-1. For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Access" means to program, to execute programs on, to communicate with, store data in, retrieve data from or otherwise make use of any resources, including data or programs, of a computer, computer system or computer network.
(b) "Computer" includes an electronic, magnetic, optical or other high-speed data processing device or system performing logical arithmetic and storage functions and includes any property, data storage facility or communications facility directly related to or operating in conjunction with such device or system. "Computer" shall not include an automated typewriter or typesetter, a machine designed solely for word processing which contains no database intelligence or a portable hand-held calculator nor shall "computer" include any other device which contains components similar to those in computers but in which the components have the sole function of controlling the device for the single purpose for which the device is intended unless the thus controlled device is a processor of data or is a storage of intelligence in which case it too is included.
(c) "Computer network" means a set of related, remotely connected devices and communication facilities including at least one (1) computer system with the capability to transmit data through communication facilities.
(d) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data.
(e) "Computer software" means a set of computer programs, procedures and associated documentation concerned with operation of a computer system.
(f) "Computer system" means a set of functionally related, connected or unconnected, computer equipment, devices or computer software.
(g) "Computer services" means providing access to or service or data from a computer, a computer system or a computer network and includes the actual data processing.
(h) "Credible threat" means a threat made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety.
(i) "Loss or damage" includes any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred or other consequential damages incurred because of interruption of service.
(j) "Device" includes, but is not limited to, an electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation of electronic, magnetic or other impulses.
(k) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature, transmitted in whole or in part by a wire, radio, computer, electromagnetic, photoelectric or photo-optical system.
(l) "Electronic mail" means the transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder or other electronic means sent to a person identified by a unique address or address number and received by that person.
(m) "Emotional distress" means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
(n) "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card as defined in Section 97-19-9(b), Mississippi Code of 1972, or marketable security.
(o) "Financial transaction device" means any of the following:
(i) An electronic funds transfer card.
(ii) A credit card.
(iii) A debit card.
(iv) A point-of-sale card.
(v) Any instrument, device, card, plate, code, account number, personal identification number, or a record or copy of a code, account number, or personal identification number or other means of access to a credit account or deposit account, or a driver's license or state identification card used to access a proprietary account, other than access originated solely by a paper instrument, that can be used alone or in conjunction with another access device, for any of the following purposes.
1. Obtaining money, cash refund or credit account credit, goods, services or any other thing of value.
2. Certifying or guaranteeing to a person or business the availability to the device holder of funds on deposit to honor a draft or check payable to the order of that person or business.
3. Providing the device holder access to a deposit account for the purpose of making deposits, withdrawing funds, transferring funds between deposit accounts, obtaining information pertaining to a deposit account or making an electronic funds transfer.
(p) "Intellectual property" includes data, computer programs, computer software, trade secrets, copyrighted materials and confidential or proprietary information in any form or medium when such is stored in, produced by or intended for use or storage with or in a computer, a computer system or a computer network.
(q) "Internet" means that term as defined in Section 230 of Title II of the Communications Act of 1934, Chapter 652, 110 Stat. 137, 47 USCS 230.
(r) "Medical records" includes, but is not limited to, medical and mental health histories, reports, summaries, diagnoses and prognoses, treatment and medication information, notes, entries, and x-rays and other imaging records.
(s) "Personal identity information" means any of the following information of another person:
(i) A social security number.
(ii) A driver's license number or state personal identification card number.
(iii) Employment information.
(iv) Information regarding any financial account held by another person including, but not limited to, any of the following:
1. A savings or checking account number.
2. A financial transaction device account number.
3. A stock or other security certificate or account number.
4. A personal information number for an account described in items 1 through 4.
(t) "Post a message" means transferring, sending, posting, publishing, disseminating, or otherwise communicating or attempting to transfer, send, post, publish, disseminate or otherwise communicate information, whether truthful or untruthful, about the victim.
(u) "Property" means property as defined in Section 1-3-45, Mississippi Code of 1972, and shall specifically include, but not be limited to, financial instruments, electronically stored or produced data and computer programs, whether in machine readable or human readable form.
(v) "Proper means" includes:
(i) Discovery by independent invention;
(ii) Discovery by "reverse engineering"; that is, by starting with the known product and working backward to find the method by which it was developed. The acquisition of the known product must be by lawful means;
(iii) Discovery under license or authority of the owner;
(iv) Observation of the property in public use or on public display; or
(v) Discovery in published literature.
(w) "Unconsented contact" means any contact with another individual that is initiated or continued without that individual's consent or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Unconsented contact includes any of the following:
(i) Following or appearing within sight of the victim.
(ii) Approaching or confronting the victim in a public place or on private property.
(iii) Appearing at the victim's workplace or residence.
(iv) Entering onto or remaining on property owned, leased or occupied by the victim.
(v) Contacting the victim by telephone.
(vi) Sending mail or electronic communications to the victim through the use of any medium, including the Internet or a computer, computer program, computer system or computer network.
(vii) Placing an object on, or delivering or having delivered an object to, property owned, leased or occupied by the victim.
(x) "Use" means to make use of, to convert to one's service, to avail oneself of or to employ. In the context of this act, "use" includes to instruct, communicate with, store data in or retrieve data from, or otherwise utilize the logical arithmetic or memory functions of a computer.
(y) "Victim" means the individual who is the target of the conduct elicited by the posted message or a member of that individual's immediate family.
(z) "Commercial electronic mail" means messages sent and received electronically consisting of commercial advertising material, the principal purpose of which is to promote the for-profit sale or lease of goods or services to the recipient.
(aa) "Data" means a representation of information, facts, knowledge, concepts, or instructions prepared in a formalized or other manner and intended for use in a computer, computer system, or computer network. Data may be embodied in any form including computer printouts, magnetic storage media, optical storage media, and punch cards, or may be stored internally in the memory of a computer.
(bb) "Electronic mail service provider" means any person who is an intermediary in sending or receiving electronic mail and provides to end users of electronic mail services the ability to send or receive electronic mail.
(cc) "Government computer" means any computer, computer program, computer system, computer network, or any part thereof, that is owned, operated, or used by any state or local governmental entity.
(dd) "Internet chat room" means a computer service allowing two (2) or more users to communicate with each other in real time.
(ee) "Profile" means:
(i) A configuration of user data required by a computer so that the user may access programs or services and have the desired functionality on that computer; or
(ii) A website user's personal page or section of a page made up of data, in text or graphical form, which displays significant, unique, or identifying information, including, but not limited to, listing acquaintances, interests, associations, activities or personal statements.
(ff) "Resource" includes peripheral devices, computer software, computer programs, and data, and means to be a part of a computer, computer system, or computer network.
(gg) "Services" includes computer time, data processing and storage functions.
(hh) "Unsolicited" means not addressed to a recipient with whom the initiator has an existing business or personal relationship and not sent at the request of or with the
express consent of, the recipient.
SECTION 8. Section 37-9-69, Mississippi Code of 1972, is amended as follows:
37-9-69. (1) It shall be the duty of each superintendent, principal and teacher in the public schools of this state to enforce in the schools the courses of study prescribed by law or by the State Board of Education, to comply with the law in distribution and use of free textbooks, and to observe and enforce the statutes, rules and regulations prescribed for the operation of schools. Such superintendents, principals and teachers shall hold the pupils to strict account for disorderly conduct at school, on the way to and from school, on the playgrounds, and during recess.
(2) (a) When the principal has personal knowledge or actual notice from school personnel that an act has occurred on school property involving assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a weapon in violation of the law or possession of a controlled substance in violation of the law, the principal shall immediately report the act to the appropriate local law enforcement agency.
(b) Notwithstanding any other provision of law, the State Board of Education shall not require the principal to report to law enforcement acts in addition to those required to be reported by law.
(c) For purposes of this subsection, "school property" shall include any public school building, bus, public school campus, grounds, recreational area, or athletic field, in the charge of the principal.
(d) The principal or the principal's designee shall notify the superintendent or the superintendent's designee in writing or by electronic mail regarding any report made to law enforcement under this subsection. This notification shall occur by the end of the workday in which the incident occurred when reasonably possible but not later than the end of the following workday. The superintendent shall provide the information to the local board of education.
(e) Nothing in this subsection shall be interpreted to interfere with the due process rights of school employees or the privacy rights of students.
SECTION 9. Section 37-15-15, Mississippi Code of 1972, is amended as follows:
37-15-15. (1) In making assignments of children to schools or attendance centers, the school board shall take into consideration the educational needs and welfare of the child involved, the welfare and best interest of all the pupils attending the school or schools involved, the availability of school facilities, sanitary conditions and facilities at the school or schools involved, health and moral factors at the school or schools, and in the community involved, and all other factors which the school board may consider pertinent, relevant or material in their effect on the welfare and best interest of the school district and the particular school or schools involved. All such assignments shall be on an individual basis as to the particular child involved and, in making such assignment, the school board shall not be limited or circumscribed by the boundaries of any attendance areas which may have been established by such board.
(2) A student who is convicted under Section 2 of this act of cyberbullying a school employee shall be transferred to another school within the local school district or placed within an alternative school program within the district as authorized under Section 37-13-92. If there is no other appropriate school within the local school district, the student shall be transferred to a different class or assigned to a teacher who was not involved as a victim of the cyberbullying. Notwithstanding the provisions in this section, the principal or superintendent may modify, in writing, the required transfer of an individual student on a case-by-case basis.
SECTION 10. This act shall take effect and be in force from and after July 1, 2015.