MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Education
By: Representative Zuber
AN ACT TO AMEND SECTION 37-9-71, MISSISSIPPI CODE OF 1972, TO ALIGN THE DUE PROCESS REQUIREMENTS OF SCHOOL ADMINISTRATIVE HEARINGS FOR DISCIPLINARY MATTERS TO STATE AND FEDERAL CONSTITUTIONAL REQUIREMENTS BY RAISING THE STANDARD OF PROOF FOR STUDENT SUSPENSIONS FOR MORE THAN TEN DAYS AND EXPULSIONS TO CLEAR AND CONVINCING EVIDENCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-9-71, Mississippi Code of 1972, is amended as follows:
37-9-71. The superintendent of schools and the principal of a school shall have the power to suspend or expel a pupil for good cause, including misconduct in the school or on school property, as defined in Section 37-11-29, on the road to and from school, or at any school-related activity or event when such conduct by a pupil, in the determination of the superintendent or principal, renders that pupil's presence in the classroom a disruption to the educational environment of the school or a detriment to the best interest and welfare of the pupils and teacher of such class as a whole, or for any reason for which such pupil might be suspended, dismissed or expelled by the school board under state or federal law or any rule, regulation or policy of the local school district. For any suspension of more than ten (10) days or expulsions, a student shall have the right to a due process hearing, be represented by legal counsel, to present evidence and cross-examine witnesses presented by the district. The student and the student's parent, legal guardian or person in custody of the student may appeal suspension of more than ten (10) days and expulsions to the school board. The standard of proof in all disciplinary proceedings shall be substantial evidence, but for suspensions of more than ten (10) days and expulsions, the standard of proof shall be clear and convincing evidence. The parent or guardian of the child shall be advised of this right to a hearing by the appropriate superintendent or principal and the proper form shall be provided for requesting such a hearing.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.