1997 Regular Session
By: Representative Weathersby
House Bill 994
AN ACT TO AMEND SECTION 37-13-92, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE SCHOOL SUPERINTENDENT HAS DISCRETIONARY AUTHORITY TO ASSIGN STUDENTS TO THE ALTERNATIVE SCHOOL PROGRAM AND THAT PLACEMENT OF CERTAIN SUSPENDED STUDENTS IN THE ALTERNATIVE SCHOOL IS NOT MANDATORY, AND TO DELETE THE REPEALER ON THE ALTERNATIVE SCHOOL PROGRAMS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-13-92, Mississippi Code of 1972, is amended as follows:
37-13-92. (1) Beginning with the school year 1993-1994, 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 for, but not limited to, compulsory-school-age students in the following categories who are assigned, in the discretion of the school superintendent, to the alternative school program:
(a) Any compulsory-school-age child who has been suspended or expelled from school, except for any student expelled for possession of a weapon or other felonious conduct. This paragraph shall not be construed to mandate the placement of any compulsory-school-age child who is suspended for a period of less than ten (10) days in the alternative school program;
(b) Any compulsory-school-age child referred to such 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; and
(c) Any compulsory-school-age child referred to such 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.
(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 has been followed. * * * The policy shall include standards for:
(a) The removal of a student to an alternative education program that * * * includes 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 may provide a program of general educational development (GED) preparatory instruction in the alternative school program. However, any GED preparation program offered in an alternative school program must satisfy the minimum guidelines established for such programs by the State Board for Community and Junior Colleges.
(5) Any * * * alternative school program operated under the authority of this section shall meet all appropriate accreditation requirements of the State Department of Education.
(6) An alternative school program may be held within a 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 general educational development (GED) preparatory instruction, that the local school board assign the student to a GED preparatory program designed for the specific purpose of preparing students to successfully write the GED test and earn a certificate equivalent to the high school diploma. The minimum guidelines for alternative school programs also shall 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 general educational development (GED) 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) Full-day attendance with a rigorous workload and minimal time off;
(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 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.
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SECTION 2. This act shall take effect and be in force from and after July 1, 1997.