MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Education
By: Representatives Henley, Holloway, Hopkins
AN ACT TO AMEND SECTION 37-11-53, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOL DISTRICTS TO ALLOW ANY PUBLIC SCHOOL STUDENT WHO HAS NEVER BEEN SUBJECT TO DISCIPLINARY ACTION WHO COMMITS AN ACT OR ENGAGES IN CONDUCT FOR WHICH THE STUDENT OTHERWISE WOULD BE SUSPENDED OR EXPELLED UNDER THE SCHOOL DISTRICT'S DISCIPLINE PLAN, AT THE ELECTION OF THE STUDENT, TO PARTICIPATE IN A COMMUNITY SERVICE PROGRAM AS AN ALTERNATIVE TO SUSPENSION OR EXPULSION; TO PROVIDE THAT WHILE PARTICIPATING IN THE PROGRAM, THE STUDENT SHALL RECEIVE YOUTH PEER COUNSELING DEEMED APPROPRIATE BY THE SCHOOL DISTRICT; 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 * * *
that school district.
However, this section shall not apply to parents whose parental control of * * *
their 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 * * * for
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) If a student who has never been subject to disciplinary action commits an act or engages in conduct for which the student otherwise would be suspended or expelled under the school district's discipline plan, as an alternative to suspension or expulsion, the student may be permitted, at the election of the student, and upon approval by the local school board, to participate in a community service program of at least forty (40) hours in duration supervised by the school district or a nonprofit organization that has a collaborative relationship with the school district. While participating in the program, the student may receive youth peer counseling deemed appropriate by the school district.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.