MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Education; Appropriations

By: Senator(s) Harden, Johnson (38th), Little, Minor, Nunnelee, Frazier, Walls, Jordan, Chamberlin

AN ACT ENTITLED THE "MISSISSIPPI SCHOOL SAFETY ACT OF 2000"; TO AMEND SECTIONS 37-3-81 AND 37-11-53, MISSISSIPPI CODE OF 1972, TO DIRECT THE STATE DEPARTMENT OF EDUCATION IN COLLABORATION WITH THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING TO ESTABLISH A SCHOOL SAFETY CENTER TO PROVIDE TECHNICAL AND CRISIS ASSISTANCE TO SCHOOL DISTRICTS AND TO REQUIRE LOCAL SCHOOL DISTRICTS TO ADOPT COMPREHENSIVE SCHOOL SAFETY PLANS; TO ESTABLISH A SCHOOL CRISIS MANAGEMENT PROGRAM WITHIN THE STATE DEPARTMENT OF EDUCATION, TO PROVIDE FOR A TEAM OF PROFESSIONAL INDIVIDUALS TO RESPOND TO TRAUMATIC OR VIOLENT SITUATIONS THAT IMPACT STUDENTS AND FACULTY IN THE PUBLIC SCHOOLS; TO PROVIDE PROCEDURES FOR THE OPERATION OF THE PROGRAM AND TO AUTHORIZE FUNDING FOR THE PROGRAM; TO CODIFY SECTION 37-11-54, MISSISSIPPI CODE OF 1972, TO DIRECT THE STATE BOARD OF EDUCATION TO DEVELOP CONFLICT RESOLUTION AND PEER MEDIATION MODELS AND CURRICULA IN THE PUBLIC SCHOOLS; TO AMEND SECTION 37-11-18, MISSISSIPPI CODE OF 1972, TO ALLOW THE PERIOD OF EXPULSION REQUIRED FOR STUDENTS POSSESSING A WEAPON OR CONTROLLED SUBSTANCE OR COMMITTING A VIOLENT ACT ON EDUCATIONAL PROPERTY TO BE LESS THAN A CALENDAR YEAR; 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; TO AMEND SECTION 37-13-181, MISSISSIPPI CODE OF 1972, TO PRESCRIBE CERTAIN COMPONENTS OF THE CHARACTER EDUCATION PROGRAMS IN THE PUBLIC SCHOOLS; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Mississippi School Safety Act of 2000."

SECTION 2. Section 37-3-81, Mississippi Code of 1972, is amended as follows:

37-3-81. (1) The Department of Education, in collaboration with the Board of Trustees of State Institutions of Higher Learning, shall establish and maintain a School Safety Center, which shall operate a statewide information clearinghouse that (a) provides assistance to school districts and communities during school crisis; and (b) provides technical assistance, training and current resources to public school officials and parents who need assistance in researching, developing and implementing school safety plans and in maintaining a safe school environment.

(2) The school board of each school district shall, with the assistance of the Department of Education School Safety Center, adopt a comprehensive local school district school safety plan, and update the plan on an annual basis. The local school district safety plan shall be developed by a task force appointed by the local school board which shall include, but not be limited to, representatives of the following: law enforcement, parents, teachers, school counselors, school administrators, physical plant managers, emergency management personnel, the media and the clergy.

(3) The State Department of Education shall annually report to the Speaker of the House of Representatives and the Lieutenant Governor on the operation of the School Safety Center, and the status of local school district school safety plans, with any recommendations for expansion or revision of the program.

SECTION 3. 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 such student shall sign a statement verifying that they have been given notice of the discipline policies of their respective school district. The school district's discipline plan will include the annual local school district school safety plan adopted pursuant to Section 37-3-83(2), in a form which will inform parents, law enforcement, emergency management personnel and others of procedures to be taken in the event of school violence or crisis situations. The school board shall have its official discipline plan 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.

(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 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 such discipline conference specified in paragraph (b) of this section may be summoned by proper notification by the superintendent of schools and be required to attend such 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 such student for unlawful activity as defined in Section 37-11-29 occurring on school grounds.

(3) Any parent, guardian or custodian of a compulsory-school-age child who (a) fails to attend a discipline conference to which such parent, guardian or custodian has been summoned under the provisions of this section, or (b) refuses or willfully fails to perform any other duties imposed upon him or her under the provisions of this section, shall be guilty of a misdemeanor and, upon conviction, shall be fined 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 such school district. However, this section shall not apply to parents whose parental control of such child has been removed by court order or decree. The action authorized in this section shall be in addition to all other actions which 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 to which such minor or other person would otherwise be liable.

SECTION 4. (1) There is established a School Crisis Management Program which shall be attached to the State Department of Education. Under this program, the State Department of Education shall establish a rapid response team of personnel trained in school safety and crisis management, to respond to traumatic or violent situations that impact students and faculty in the public schools in Mississippi. The School Crisis Management Program shall meet the following conditions:

(a) The basic rapid response team shall consist of those personnel designated by the State Superintendent of Education or his designee depending on the size of the school and the nature of the event, including, but not limited to, school counselors, school social workers, school psychologists, clergy and psychiatrists.

(b) In order to access the services of a response team, the request shall be made by the local school principal or the superintendent of schools who shall make the request to the State Department of Education, or its contact designee.

(c) The requesting school or school district shall commit student time to the response team during the school day either individually or in groups.

(d) A response team shall enter a school to work with students and faculty for no more than a three-day period, unless otherwise requested by the school district.

(e) Rapid response teams shall be organized on a regional basis in order to provide immediate access to these services.

(f) The State Department of Education, or its contact designee, shall operate a toll-free incoming wide area telephone service for the purpose of reporting suspected cases of school violence, and other traumatic situations impacting on students and faculty in the public schools.

(g) Subject to the availability of funds specifically appropriated therefor by the Legislature, the expenses of the rapid response teams and their administrative support shall be provided from state funds, and the State Department of Education may apply for and expend funds for the support and maintenance of this program from private and other funding sources.

(2) Local school districts, school superintendents and principals shall be fully authorized to request and utilize the services of rapid response teams provided for under this section. This section shall not be construed to require school officials to request the services of rapid response teams provided for under this section.

SECTION 5. The following provision shall be codified as Section 37-11-54, Mississippi Code of 1972.

37-11-54. The State Board of Education shall develop a list of recommended conflict resolution and mediation materials, models, and curricula that address responsible decision making, the causes and effects of school violence and harassment, cultural diversity, and nonviolent methods for resolving conflict, including peer mediation, and shall make the list available to local school administrative units and school buildings by the beginning of the 2001-2002 school year. In developing this list the board shall emphasize materials, models and curricula that currently are being used in Mississippi and that the board determines to be effective. The board shall include at least one (1) model that includes instruction and guidance for the voluntary implementation of peer mediation programs and one (1) model that provides instruction and guidance for teachers concerning the integration of conflict resolution and mediation lessons into the existing classroom curriculum.

SECTION 6. Section 37-11-18, Mississippi Code of 1972, is amended as follows:

37-11-18. Any student in any school who possesses any controlled substance in violation of the Uniform Controlled Substances Law, a knife, handgun, other firearm or any other instrument considered to be dangerous and capable of causing bodily harm or who commits a violent act on educational property, as defined in Section 97-37-17, shall be subject to automatic expulsion for up to a calendar year by the superintendent or principal of the school in which the student is enrolled; provided, however, that the superintendent of the school shall be authorized to modify the period of time for such expulsion on a case by case basis. Such expulsion shall take effect immediately subject to the constitutional rights of due process, which shall include the student's right to appeal to the local school board.

SECTION 7. 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 through the school or through referral to appropriate service providers:

(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. Payment for any services not provided by the school shall be the responsibility of the parent(s) or guardian of the child.

(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.

(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 2001.

SECTION 8. Section 37-13-181, Mississippi Code of 1972, is amended as follows:

37-13-181. The local school boards of the public school districts, in their discretion, may develop and implement, at the beginning of the 1999-2000 school year, a comprehensive program for character education in Grades K-12. The definition of the character traits chosen by the school district for implementation shall reflect and be in keeping with both the spirit and the letter of the following founding documents: the Mississippi Constitution of 1890; the Constitution of the United States of America; the Declaration of Independence; and state and federal law. A public school may not define or teach character or character traits in any manner that might promote or encourage students to participate in conduct that would violate any state or federal law. This program of character education shall focus on students' development of the following character traits: courage, patriotism, citizenship, honesty, pride in quality work, fairness, respect for and obedience to the law, respect for others, kindness, cooperation, self-respect, self-control, courtesy, compassion, diligence, generosity, punctuality, cleanliness, cheerfulness, school pride, respect for the environment, patience, creativity, sportsmanship, loyalty and perseverance. Said program of character education shall include the Pledge of Allegiance to the flag as required in Section 37-13-7, Mississippi Code of 1972.

SECTION 9. This act shall take effect and be in force from and after July 1, 2000.