House Bill 1128

AN ACT TO AMEND SECTION 37-11-18.1, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DEFINITION OF THE TERM "HABITUALLY DISRUPTIVE" TO EXCLUDE STUDENTS RECEIVING SPECIAL EDUCATION SERVICES UNDER AN IEP OR SERVICES UNDER A 504 PLAN; TO PRESCRIBE WHEN A BEHAVIOR MODIFICATION PLAN SHOULD BE DEVELOPED FOR A HABITUALLY DISRUPTIVE STUDENT; TO REQUIRE HABITUALLY DISRUPTIVE STUDENTS TO BE EVALUATED FOR A DISABILITY UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) AFTER THE SECOND INCIDENT OF DISRUPTIVE BEHAVIOR; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-11-18.1, Mississippi Code of 1972, is amended as follows:

37-11-18.1. (1) For the purposes of this section:

(a) The term "disruptive behavior" means conduct of a student that is so unruly, disruptive or abusive that it seriously interferes with a schoolteacher's or school administrator's ability to communicate with the students in a classroom, with a student's ability to learn, or with the operation of a school or school-related activity, and which is not covered by other laws related to violence or possession of weapons or controlled substances on school property, school vehicles or at school-related activities. Such behaviors include, but are not limited to: foul, profane, obscene, threatening, defiant or abusive language or action toward teachers or other school employees; defiance, ridicule or verbal attack of a teacher; and willful, deliberate and overt acts of disobedience of the directions of a teacher; and

(b) The term "habitually disruptive" refers to such actions of a student which cause disruption in a classroom, on school property or vehicles or at a school-related activity on more than two (2) occasions during a school year, and to disruptive behavior that was initiated, willful and overt on the part of the student and which required the attention of school personnel to deal with the disruption. However, no student shall be considered to be habitually disruptive before the local school board incorporates evidence-based practices and positive behavioral intervention supports into individual school district policies and Codes of Conduct pursuant to Section 37-11-54 and before the subsequent development of a behavior modification plan for the student in accordance with the code of student conduct and discipline plans of the school district. Additionally, no student shall be considered habitually disruptive if the student is either currently receiving special education services under an Individual Education Plan (IEP) pursuant to the Individuals with Disabilities in Education Act (IDEA) or services under a 504 Plan pursuant to the Rehabilitation Act of 1973. Furthermore, no student shall be considered habitually disruptive who has not been determined to be eligible for special education and related services yet the public agency had knowledge that the child was a child with a disability before the disruptive behavior that precipitated the disciplinary action occurred pursuant to 34 CFR Section 300.534.

(2) (a) Every behavior modification plan written pursuant to this section must be developed by utilizing evidence-based practices and positive behavioral intervention supports. The behavior modification plan must be developed with input from the parent or guardian along with the school counselor, teachers, along with a psychologist or behavioral specialist. The plan should be developed only after:

(i) An assessment of the behavior which is conducted by identifying the "target" or problem behaviors;

(ii) Observing the child, perhaps in different environments, and collecting data on the target behavior, the antecedents to the behavior, time the behavior occurs, situations where the behavior occurs, and the consequences of the behavior;

(iii) Formulating a hypothesis about the cause(s) of the behavior and summary statement; and

(iv) Developing an intervention strategy with the highest potential of changing the behavior.

(b) The need for a behavior modification plan should trigger the public agency to consider initiating child find processes under IDEA to identify, locate and evaluate the minor child to determine if the child has a disability which is manifested by the habitually disruptive behavior and is entitled to special education services under the Individuals with Disabilities in Education Act (IDEA) or services under a 504 Plan pursuant to the Rehabilitation Act of 1973 for that disability. A Multidisciplinary Evaluation Team (MET) shall convene to determine whether the student requires a comprehensive evaluation for purposes of determining eligibility for special education services under IDEA. Any student who does not qualify for special education services under IDEA must be considered for eligibility under a 504 Plan. The plan must be implemented no later than two (2) weeks after the occurrence of the disruptive behavior.

(3) Any student who is thirteen (13) years of age or older for whom a behavior modification plan is developed by the school principal, reporting teacher and student's parent and which student does not comply with the plan shall be deemed habitually disruptive and subject to possible expulsion or alternative school on the occurrence of the third act of disruptive behavior during a school year, with the exception of students receiving special education services under an Individualized Education Program (IEP) pursuant to the Individuals with Disabilities in Education Act (IDEA) or services under a 504 Plan pursuant to the Rehabilitation Act of 1973. * * * After the second act of disruptive behavior during a school year by a student, the public agency may consider initiating child find processes under IDEA to identify, locate, and evaluate the minor child to determine if the child has a disability which is manifested by the habitually disruptive behavior and is entitled to special education services under the Individuals with Disabilities Education Act (IDEA) or services under a 504 Plan pursuant to the Rehabilitation Act of 1973 for that disability. A Multidisciplinary Evaluation Team (MET) shall convene to determine whether the student requires a comprehensive evaluation for purposes of determining eligibility for special education services under IDEA. Any student who does not qualify for special education services under IDEA must be considered for eligibility under a 504 Plan.

SECTION 2. This act shall take effect and be in force from and after July 1, 2021.