MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Education
By: Representative Wooten
AN ACT TO AMEND SECTION 37-11-53, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOL DISTRICTS TO PROVIDE ALTERNATIVES TO EXPULSION, SUSPENSION, IN-SCHOOL SUSPENSION OR AFTER-SCHOOL DETENTION IN THE DISCIPLINE PLAN ADOPTED BY THE SCHOOL BOARD; TO PRESCRIBE ALTERNATIVES TO BE USED IN COMBATING TRADITIONAL DISCIPLINARY ACTIONS THAT REQUIRE INPUT AND PARTICIPATIONS FROM STUDENTS, EDUCATIONAL PERSONNEL AND PARENTS ALIKE; TO AMEND SECTIONS 37-11-54, 37-13-92 AND 37-15-6, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-11-53, Mississippi Code of 1972, is amended as follows:
37-11-53. (1) A copy of
the school district's discipline plan shall be distributed to each student
enrolled in the district, and the parents, guardian or custodian of * * * each student shall sign a statement
verifying that they have been given notice of the discipline policies of their
respective school district. The school board shall have its official
discipline plan and code of student conduct legally audited on an annual basis
to insure that its policies and procedures are currently in compliance with
applicable statutes, case law and state and federal constitutional provisions. * * * The provisions of this section, Section 37-11-55 and Section
37-11-18.1 shall be fully incorporated into the school district's discipline
plan and code of student conduct.
(2) All discipline plans of school districts shall include, but not be limited to, the following:
(a) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district shall be responsible financially for his or her minor child's destructive acts against school property or persons;
(b) A parent, guardian or custodian of a compulsory-school-age child enrolled in a public school district may be requested to appear at school by the school attendance officer or an appropriate school official for a conference regarding acts of the child specified in paragraph (a) of this subsection, or for any other discipline conference regarding the acts of the child;
(c) Any parent,
guardian or custodian of a compulsory-school-age child enrolled in a school
district who refuses or willfully fails to attend * * * the discipline conference specified
in paragraph (b) of this * * *section subsection may be summoned by proper
notification by the local superintendent of schools or the school attendance
officer and be required to attend * * * the discipline conference; and
(d) A parent, guardian
or custodian of a compulsory-school-age child enrolled in a public school
district shall be responsible for any criminal fines brought against * * * the student for unlawful activity
occurring on school grounds or buses.
(3) Any parent, guardian or
custodian of a compulsory-school-age child who (a) fails to attend a discipline
conference to which * * *
the parent, guardian or custodian has been summoned under * * * this section, or (b) refuses
or willfully fails to perform any other duties imposed upon him or her under * * * this section, shall be guilty
of a misdemeanor and, upon conviction, shall be fined an amount not to
exceed Two Hundred Fifty Dollars ($250.00).
(4) Any public school
district shall be entitled to recover damages in an amount not to exceed Twenty
Thousand Dollars ($20,000.00), plus necessary court costs, from the parents of
any minor under the age of eighteen (18) years and over the age of six (6)
years, who maliciously and willfully damages or destroys property belonging to * * * the school district. However, this
section shall not apply to parents whose parental control of * * * a child has been removed by court
order or decree. The action authorized in this * * * subsection shall be in addition
to all other actions * * *
that the school district is entitled to maintain and nothing in this
section shall preclude recovery in a greater amount from the minor or from a
person, including the parents, for damages * * * which * * * the minor or other person would
otherwise be liable.
(5) A school district's discipline plan may provide that as an alternative to suspension, a student may remain in school by having the parent, guardian or custodian, with the consent of the student's teacher or teachers, attend class with the student for a period of time specifically agreed upon by the reporting teacher and school principal. If the parent, guardian or custodian does not agree to attend class with the student or fails to attend class with the student, the student shall be suspended in accordance with the code of student conduct and discipline policies of the school district.
(6) A school district's discipline plan may provide alternatives to expulsion, suspension, intradisciplinary action by isolating students subject to discipline to in-school suspension or after-school detention, which may or may not require a parent's authorized consent or participation, including, but not limited to the following:
(a) Behavior monitoring which employs a variety of implemented strategies and techniques that result in positive feedback and positive reinforcement of appropriate behavior from teachers and parents that prepare students for self-monitoring techniques to maintain learning and disciplinary control through such tools as:
(i) Behavior check sheets for teachers, students and parents;
(ii) Behavior charts; and
(iii) Student feedback sessions which address the benefits or appropriate behavior and the punitive consequences of inappropriate behavior;
(b) Developing a negotiated behavior contract with individual students who are prone to disciplinary actions and school district administrative and instructional personnel which include:
(i) The specifics of what is expected of the student and personnel alike and the planned punitive consequences for any violation of the contract;
(ii) Provisions reinforcing the benefits for successful completion of the contract; and
(iii) Provisions prescribing the punitive consequences for continuing to engage in inappropriate behavior;
(c) Offering alternative programming for students at the secondary level of education by identifying changes in students' schedules, classes or programs that avoid problem environments and situations, but continues to permit student access to curriculum and school through:
(i) Independent study;
(ii) Work opportunity and experience;
(iii) Alternative locations and times; or
(iv) Other creative programming alternatives.
The changes offered through alternative programming shall be designed to be specific to individual students' needs and permit actual accrual and progress towards graduation. Appropriate procedures must be followed regarding change of placement for students who have an Individualized Education Program (IEP);
(d) Creating a structured, coordinated behavior support plan specific to the student and based on the function of the targeted behavior, focusing on:
(i) Increasing desirable behavior;
(ii) Reinforcing appropriate behavior; and
(iii) Withholding reinforcement of targeted behavior.
Data should be collected from the plan to determine the level of progress being made and whether further assessment or other alternative intervention strategies need to be included;
(e) Providing training to all district personnel, especially teachers, in appropriate methods to be used to
de-escalate conflict and avoid power struggles;
(f) Increasing the amount of positive reinforcement that occurs in the school setting for any type of appropriate behavior by students, by ensuring that all district personnel work to identify, acknowledge and strongly reinforce good behavior through:
(i) Implementation of positive office referral systems for good behavior; and
(ii) Special recognition or awards for behavior that are parallel to academic recognition activities;
(g) Expanding and improving communication with parents, particularly parents of at-risk students, by exploring options and opportunities to build relationships with parents and actively involve them with the school; and
(h) Proactively watching for warning signs that students are in trouble, such as declining grades and poor attendance, then intervening to explore and address the problems before they escalate to disciplinary matters.
SECTION 2. Section 37-11-54, Mississippi Code of 1972, is amended as follows:
37-11-54. The State Board
of Education shall develop a list of recommended conflict resolution and
mediation materials, models and curricula that are developed from evidence-based
practices and positive behavioral intervention supports to address responsible
decision making, the causes and effects of school violence and harassment,
cultural diversity * * *
and nonviolent methods for resolving conflict, including peer mediation, and
shall make the list available to local school administrative units and school
buildings before the beginning of * * * each school year.
In addition, local school boards shall incorporate evidence-based practices and
positive behavioral intervention supports into individual school district
policies and Codes of Conduct consistent with the provisions of Section 37-11-53.
In developing this list, the board shall emphasize materials, models and
curricula that currently are being used in Mississippi and that the board
determines to be effective. The board shall include at least one (1) model
that includes instruction and guidance for the voluntary implementation of peer
mediation programs and one (1) model that provides instruction and guidance for
teachers concerning the integration of conflict resolution and mediation
lessons into the existing classroom curriculum.
SECTION 3. Section 37-13-92, Mississippi Code of 1972, is amended as follows:
37-13-92. (1) * * *
The school boards of all school districts shall establish, maintain and
operate, in connection with the regular programs of the school district, an
alternative school program or behavior modification program as defined by the
State Board of Education for, but not limited to, the following categories of
compulsory-school-age students:
(a) Any compulsory-school-age child who has been suspended for more than ten (10) days or expelled from school, except for any student expelled for possession of a weapon or other felonious conduct;
(b) Any compulsory-school-age
child referred to * * *
an alternative school based upon a documented need for placement in the
alternative school program by the parent, legal guardian or custodian of such
child due to disciplinary problems;
(c) Any compulsory-school-age
child referred to * * *
an alternative school program by the dispositive order of a chancellor
or youth court judge, with the consent of the superintendent of the child's
school district;
(d) Any compulsory-school-age
child whose presence in the classroom, in the determination of the school superintendent
or principal, is a disruption to the educational environment of the school * * *. For purposes of this
paragraph, the term "disruption" means intentionally engaging in
serious inappropriate behavior that distracts from teaching and learning, and
that directly affects the safety of others; and
(e) No school district is required to place a child returning from out-of-home placement in the mental health, juvenile justice or foster care system in alternative school. Placement of a child in the alternative school shall be done consistently, and for students identified under the Individuals with Disabilities Education Act (IDEA), shall adhere to the requirements of the Individuals with Disabilities Education Improvement Act of 2004. If a school district chooses to place a child in alternative school the district will make an individual assessment and evaluation of that child in the following time periods:
(i) Five (5) days for a child transitioning from a group home, mental health care system, and/or the custody of the Department of Human Services, Division of Youth and Family Services;
(ii) Ten (10) days for a child transitioning from a dispositional placement order by a youth court pursuant to Section 43-21-605; and
(iii) An individualized assessment for youth transitioning from out-of-home placement to the alternative school shall include:
1. A strength needs assessment.
2. A determination of the child's academic strengths and deficiencies.
3. A proposed plan for transitioning the child to a regular education placement at the earliest possible date.
(2) The principal or program administrator of any such alternative school program shall require verification from the appropriate guidance counselor of any such child referred to the alternative school program regarding the suitability of such child for attendance at the alternative school program. Before a student may be removed to an alternative school education program, the superintendent of the student's school district must determine that the written and distributed disciplinary policy of the local district is being followed, and all other alternative disciplinary action contained in the district's disciplinary policy and Code of Conduct have been exhausted in accordance with Section 37-11-53. The policy shall include standards for:
(a) The removal of a student to an alternative education program that will include a process of educational review to develop the student's individual instruction plan and the evaluation at regular intervals of the student's educational progress; the process shall include classroom teachers and/or other appropriate professional personnel, as defined in the district policy, to ensure a continuing educational program for the removed student;
(b) The duration of alternative placement; and
(c) The notification of parents or guardians, and their appropriate inclusion in the removal and evaluation process, as defined in the district policy. Nothing in this paragraph should be defined in a manner to circumvent the principal's or the superintendent's authority to remove a student to alternative education.
(3) The local school board or the superintendent shall provide for the continuing education of a student who has been removed to an alternative school program.
(4) A school district, in its discretion, may provide a program of High School Equivalency Diploma preparatory instruction in the alternative school program. However, any High School Equivalency Diploma preparation program offered in an alternative school program must be administered in compliance with the rules and regulations established for such programs under Sections 37-35-1 through 37-35-11 and by the Mississippi Community College Board. The school district may administer the High School Equivalency Diploma Testing Program under the policies and guidelines of the Testing Service of the American Council on Education in the alternative school program or may authorize the test to be administered through the community/junior college district in which the alternative school is situated.
(5) Any such alternative school program operated under the authority of this section shall meet all appropriate accreditation requirements of the State Department of Education.
(6) The alternative school program may be held within such school district or may be operated by two (2) or more adjacent school districts, pursuant to a contract approved by the State Board of Education. When two (2) or more school districts contract to operate an alternative school program, the school board of a district designated to be the lead district shall serve as the governing board of the alternative school program. Transportation for students attending the alternative school program shall be the responsibility of the local school district. The expense of establishing, maintaining and operating such alternative school program may be paid from funds contributed or otherwise made available to the school district for such purpose or from local district maintenance funds.
(7) The State Board of Education shall promulgate minimum guidelines for alternative school programs. The guidelines shall require, at a minimum, the formulation of an individual instruction plan for each student referred to the alternative school program and, upon a determination that it is in a student's best interest for that student to receive High School Equivalency Diploma preparatory instruction, that the local school board assign the student to a High School Equivalency Diploma preparatory program established under subsection (4) of this section. The minimum guidelines for alternative school programs shall also require the following components:
(a) Clear guidelines and procedures for placement of students into alternative education programs which at a minimum shall prescribe due process procedures for disciplinary and High School Equivalency Diploma placement;
(b) Clear and consistent goals for students and parents;
(c) Curricula addressing cultural and learning style differences;
(d) Direct supervision of all activities on a closed campus;
(e) Attendance requirements that allow for educational and workforce development opportunities;
(f) Selection of program from options provided by the local school district, Division of Youth Services or the youth court, including transfer to a community-based alternative school;
(g) Continual monitoring and evaluation and formalized passage from one (1) step or program to another;
(h) A motivated and culturally diverse staff;
(i) Counseling for parents and students;
(j) Administrative and community support for the program; and
(k) Clear procedures for annual alternative school program review and evaluation.
(8) On request of a school district, the State Department of Education shall provide the district informational material on developing an alternative school program that takes into consideration size, wealth and existing facilities in determining a program best suited to a district.
(9) Any compulsory-school-age child who becomes involved in any criminal or violent behavior shall be removed from such alternative school program and, if probable cause exists, a case shall be referred to the youth court.
(10) The State Board of Education shall promulgate guidelines for alternative school programs which provide broad authority to school boards of local school districts to establish alternative education programs to meet the specific needs of the school district.
(11) Each school district having an alternative school program shall submit a report by July 31 of each calendar year to the State Department of Education describing the results of its annual alternative school program review and evaluation undertaken pursuant to subsection (7)(k). The report shall include a detailed account of any actions taken by the school district during the previous year to comply with substantive guidelines promulgated by the State Board of Education under subsection (7)(a) through (j). In the report to be implemented under this section, the State Department of Education shall prescribe the appropriate measures on school districts that fail to file the annual report. The report should be made available online via the department's website to ensure transparency, accountability and efficiency.
SECTION 4. Section 37-15-6, Mississippi Code of 1972, is amended as follows:
37-15-6. For the purpose of
providing notice to public and private school officials, both within and
outside the boundaries of the state, of the expulsion of any public school
student, the State Department of Education * * * shall develop a central reporting
system for maintaining information concerning each expulsion from a public
school. In establishing and maintaining the reporting system, the department * * * shall require each school district
and charter school to report, within a certain period of time after an
expulsion, as established by the department, information such as the following:
(a) The name of the student expelled;
(b) The date the student was expelled;
(c) The age of the student at the time of the expulsion;
(d) The school from which the student was expelled;
(e) The reason for the expulsion, including a detailed description of the student's act or acts;
(f) The duration of the period of expulsion, if not indefinite; and
(g) Any other information, including the use of any alternative disciplinary action and interventions used by any affected school before expulsion, that the department deems necessary for school officials in a public or private school, where a student is seeking enrollment, to determine whether or not a student should be denied enrollment based upon a previous expulsion.
Any information maintained by the department under the authority of this section shall be strictly confidential. The information shall be available to school officials at a public or private school only upon their request and only when a student seeks enrollment or admission to that school. In no case shall the information be available to the general public.
SECTION 5. This act shall take effect and be in force from and after July 1, 2018.