MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Education; Appropriations

By: Representative Warren

AN ACT TO AMEND SECTION 37-13-92, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP A RISK ASSESSMENT PROCEDURE FOR STUDENTS REFERRED TO ALTERNATIVE SCHOOL PROGRAMS, TO PRESCRIBE ADDITIONAL COMPONENTS THAT MUST BE INCLUDED IN ALTERNATIVE SCHOOL PROGRAMS, TO REQUIRE PERSONNEL IN ALTERNATIVE SCHOOLS TO BE TRAINED IN DISCIPLINE TECHNIQUES, AND TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO SUBMIT VARIOUS REPORTS TO THE LEGISLATURE CONCERNING 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)  * * * 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, 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 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 is being followed. 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 State Department of Education shall develop a risk assessment procedure and appropriate forms to be used with each child referred to the alternative school program. The risk assessment procedure shall include a review of the following information:

(a) The child's results on the most recent standardized tests;

(b) The child's grade level achievement in reading and mathematics;

(c) Recommendations of the child's teacher or teachers concerning an individual instruction plan for the child; and

(d) A history of the child's behavioral problems.

(4) 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.

(5) A school district, in its discretion, 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 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 State Board for Community and Junior Colleges. The school district may administer the General Educational Development (GED) Testing Program under the policies and guidelines of the GED 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.

(6) Any such alternative school program operated under the authority of this section shall meet all appropriate accreditation requirements of the State Department of Education.

(7) 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.

(8) 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 established under subsection (5) of this section. The minimum guidelines for alternative school programs shall also require that the following components be made available to students:

(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 services for parents and students;

(j) Alcohol and drug treatment, if needed;

(k) Socio-interaction analysis and intervention;

(l) Values clarification instruction;

(m) Academic and work goals development;

(n) Intensive instruction in reading and mathematics, if needed;

(o) Behavior modification plans;

(p) Assistance from other public agencies, as needed;

(q) Mentoring;

(r) Goals for returning to the ordinary classroom or workforce;

(s) Exit strategy that includes a complete report of the outcome of a student's alternative program placement for the student's cumulative school record;

(t) Continued monitoring for no less than one (1) year following release from the program;

(u) Administrative and community support for the program; and

(v) Clear procedures for annual alternative school program review and evaluation.

(9) 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.

(10) 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.

  (11) The State Board of Education, in its discretion, may exempt not more than four (4) school district alternative school programs in the state from any compulsory standard of accreditation for a period of three (3) years. During this period, the State Department of Education shall conduct a study of all alternative school programs in the state, and on or before January 1, 2000, shall develop and promulgate accreditation standards for all alternative school programs, including any recommendations for necessary legislation relating to such alternative school programs.

(12) The State Department of Education shall develop a program to assure that all personnel assigned to alternative school programs have had training in current discipline and behavior modification techniques to adequately address the specific problems associated with students assigned to the alternative school program. In addition, the department shall develop a recruitment program to attract highly qualified and highly motivated administrators and teachers for alternative school programs, including the provision of salary supplements as incentives.

(13) The State Department of Education shall prepare a report to be submitted to the Legislature in January of each year on the status of each alternative school program in the state. The report shall include, but not be limited to, the following information:

(a) The number of students assigned to each alternative school program;

(b) Pertinent data on students as indicated on risk assessments;

(c) The number of personnel assigned to the alternative school programs, including licensure, experience and training levels;

(d) Progress reports, including specific recommendations and problems with the alternative school programs which need to be addressed; and

(e) Follow through data on students exiting the alternative school programs.

In addition, the initial report also shall include the feasibility of having each alternative school program designated or conducted as a charter school, or managed according to charter school concepts and procedures.

(14) The State Department of Education shall research the opinions of Mississippi public school teachers concerning the impact of inclusion on the discipline problems of nonspecial education classroom teachers. Based upon such research, the department shall prepare and submit a report of its findings to the Legislature in January 2000.

SECTION 2. This act shall take effect and be in force from and after its passage.