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 CREATE A NEW SECTION TO BE CODIFIED AS SECTION 37-11-54, MISSISSIPPI CODE OF 1972, TO REQUIRE THE AUTOMATIC EXPULSION OF A HABITUALLY DISRUPTIVE STUDENT ON THE THIRD OCCURRENCE OF DISRUPTIVE BEHAVIOR DURING A SCHOOL YEAR, AND TO DEFINE THE TERMS "DISRUPTIVE BEHAVIOR" AND "HABITUALLY DISRUPTIVE STUDENT"; TO AMEND SECTION 37-11-55, MISSISSIPPI CODE OF 1972, TO REQUIRE A SCHOOL'S CODE OF STUDENT CONDUCT TO BE MADE AVAILABLE TO STUDENTS AND TO PRESCRIBE ADDITIONAL POLICIES THAT MUST BE INCLUDED IN CODES OF STUDENT CONDUCT; TO AMEND SECTION 37-11-53, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PROVISIONS OF THIS ACT TO BE INCORPORATED INTO EACH SCHOOL DISTRICT'S DISCIPLINE PLAN AND CODE OF STUDENT CONDUCT AT THE NEXT LEGAL AUDIT OF SUCH PLAN AND TO AUTHORIZE SCHOOL DISTRICTS TO ALLOW A PARENT TO ACCOMPANY THEIR CHILD TO SCHOOL AS AN ALTERNATIVE TO THE CHILD'S SUSPENSION; 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; TO AMEND SECTIONS 37-7-301 AND 37-9-71, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF SCHOOL SUPERINTENDENTS, PRINCIPALS AND SCHOOL BOARDS TO SUSPEND OR EXPEL PUPILS FOR CONDUCT THAT RENDERS A PUPIL'S PRESENCE IN THE CLASSROOM DETRIMENTAL TO THE SCHOOL'S EDUCATIONAL ENVIRONMENT OR THE BEST INTEREST OF A CLASS AS A WHOLE; 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. The following shall be codified as Section 37-11-54, Mississippi Code of 1972:

37-11-54. (1) This section may be cited as the "Teacher Classroom Control Act of 2000."

(2) 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 school teacher'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-sponsored activity, and which are not covered by other laws related to violence, 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 or abusive language 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 student" means a student who has caused 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, because of 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 declared to be a habitually disruptive student before the development of a remedial discipline plan for the student in accordance with the code of student conduct and discipline plans of the school district.

(3) Any student for whom a remedial discipline plan is developed by the school principal and reporting teacher who does not comply with the plan shall be a habitually disruptive student subject to automatic expulsion or referral to the alternative school program on the occurrence of the third act of disruptive behavior during a school year.

SECTION 4. Section 37-11-55, Mississippi Code of 1972, is amended as follows:

37-11-55. The local school board shall adopt and make available to all teachers, school personnel, students and parents or guardians, at the beginning of * * * each school year * * *, a code of student conduct developed in consultation with teachers, school personnel, students and parents or guardians. The code shall be based on the rules governing student conduct and discipline adopted by the school board and shall be made available at the school level in the student handbook or similar publication. The code shall include, but not be limited to:

(a) Specific grounds for disciplinary action under the school district's discipline plan;

(b) Procedures to be followed for acts requiring discipline, including suspensions and expulsion, which comply with due process requirements; * * *

(c) An explanation of the responsibilities and rights of students with regard to attendance, respect for persons and property, knowledge and observation of rules of conduct, * * * free speech and student publications, assembly, privacy and participation in school programs and activities;

(d) An explanation of the students' right to learn in an environment that is conducive to the learning process and free from unnecessary student disruption;

(e) Policies and procedures recognizing the teacher as the authority in classroom matters, and supporting that teacher in any decision in compliance with the written discipline code of conduct; such recognition shall include the right of the teacher to remove from the classroom any student who, in the professional judgment of the teacher, is disrupting the learning environment, to a facility within the school where the student will remain until the parent, guardian or custodian of the student is notified. The student may not be returned to the classroom until a conference has been held with the parent, guardian or custodian during which the disrupting behavior is discussed and agreements are reached that no further disruption will be tolerated;

(f) Policies and procedures for dealing with a student who causes a disruption in the classroom, on school property or vehicles or at school-related activities;

(g) Procedures for the development of remedial discipline plans by the school principal and reporting teacher for a student who causes a disruption in the classroom, on school property or vehicles, or at school-related activities for a second time during the school year; and

SECTION 5. 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 and code of student conduct 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. As part of the legal audit first occurring after July 1, 2000, the provisions of this section and Sections 37-11-54 and 37-11-55 shall be fully incorporated into the school district's discipline plan and code of student conduct.

(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.

(5) A school district's discipline plan may provide that as an alternative to suspension, a student may remain in school by having the parent, guardian or custodian, with the consent of the student's teacher or teachers, attend class with the student for a period of time specifically agreed upon by the reporting teacher and school principal. If the parent, guardian or custodian does not agree to attend class with the student or fails to attend class with the student, the student shall be suspended in accordance with the code of student conduct and discipline policies of the school district.

SECTION 6. (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 7. 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 8. 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 9. 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 10. 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 11. Section 37-7-301, Mississippi Code of 1972, is amended as follows:

37-7-301. The school boards of all school districts shall have the following powers, authority and duties in addition to all others imposed or granted by law, to wit:

(a) To organize and operate the schools of the district and to make such division between the high school grades and elementary grades as, in their judgment, will serve the best interests of the school;

(b) To introduce public school music, art, manual training and other special subjects into either the elementary or high school grades, as the board shall deem proper;

(c) To be the custodians of real and personal school property and to manage, control and care for same, both during the school term and during vacation;

(d) To have responsibility for the erection, repairing and equipping of school facilities and the making of necessary school improvements;

(e) To suspend or to expel a pupil for 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, or for conduct occurring on property other than school property or other than at a school-related activity or event when such conduct by a pupil, in the determination of the school 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 of such class as a whole, and to delegate such authority to the appropriate officials of the school district;

(f) To visit schools in the district, in their discretion, in a body for the purpose of determining what can be done for the improvement of the school in a general way;

(g) To support, within reasonable limits, the superintendent, administrative superintendent, principal and teachers where necessary for the proper discipline of the school;

(h) To exclude from the schools students with what appears to be infectious or contagious diseases; provided, however, such student may be allowed to return to school upon presenting a certificate from a public health officer, duly licensed physician or nurse practitioner that the student is free from such disease;

(i) To require those vaccinations specified by the State Health Officer as provided in Section 41-23-37, Mississippi Code of 1972;

(j) To see that all necessary utilities and services are provided in the schools at all times when same are needed;

(k) To authorize the use of the school buildings and grounds for the holding of public meetings and gatherings of the people under such regulations as may be prescribed by said board;

(l) To prescribe and enforce rules and regulations not inconsistent with law or with the regulations of the State Board of Education for their own government and for the government of the schools, and to transact their business at regular and special meetings called and held in the manner provided by law;

(m) To maintain and operate all of the schools under their control for such length of time during the year as may be required;

(n) To enforce in the schools the courses of study and the use of the textbooks prescribed by the proper authorities;

(o) To make orders directed to the superintendent of schools or administrative superintendent for the issuance of pay certificates for lawful purposes on any available funds of the district and to have full control of the receipt, distribution, allotment and disbursement of all funds provided for the support and operation of the schools of such school district whether such funds be derived from state appropriations, local ad valorem tax collections, or otherwise;

(p) To select all school district personnel in the manner provided by law, and to provide for such employee fringe benefit programs, including accident reimbursement plans, as may be deemed necessary and appropriate by the board;

(q) To provide athletic programs and other school activities and to regulate the establishment and operation of such programs and activities;

(r) To join, in their discretion, any association of school boards and other public school-related organizations, and to pay from local funds other than minimum foundation funds, any membership dues;

(s) To expend local school activity funds, or other available school district funds, other than minimum education program funds, for the purposes prescribed under this paragraph. "Activity funds" shall mean all funds received by school officials in all school districts paid or collected to participate in any school activity, such activity being part of the school program and partially financed with public funds or supplemented by public funds. The term "activity funds" shall not include any funds raised and/or expended by any organization unless commingled in a bank account with existing activity funds, regardless of whether the funds were raised by school employees or received by school employees during school hours or using school facilities, and regardless of whether a school employee exercises influence over the expenditure or disposition of such funds. Organizations shall not be required to make any payment to any school for the use of any school facility if, in the discretion of the local school governing board, the organization's function shall be deemed to be beneficial to the official or extracurricular programs of the school. For the purposes of this provision, the term "organization" shall not include any organization subject to the control of the local school governing board. Activity funds may only be expended for any necessary expenses or travel costs, including advances, incurred by students and their chaperons in attending any in-state or out-of-state school-related programs, conventions or seminars and/or any commodities, equipment, travel expenses, purchased services or school supplies which the local school governing board, in its discretion, shall deem beneficial to the official or extracurricular programs of the district, including items which may subsequently become the personal property of individuals, including yearbooks, athletic apparel, book covers and trophies. Activity funds may be used to pay travel expenses of school district personnel. The local school governing board shall be authorized and empowered to promulgate rules and regulations specifically designating for what purposes school activity funds may be expended. The local school governing board shall provide (a) that such school activity funds shall be maintained and expended by the principal of the school generating the funds in individual bank accounts, or (b) that such school activity funds shall be maintained and expended by the superintendent of schools in a central depository approved by the board. The local school governing board shall provide that such school activity funds be audited as part of the annual audit required in Section 37-9-18. The State Auditor shall prescribe a uniform system of accounting and financial reporting for all school activity fund transactions;

(t) To contract, on a shared savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as provided for in Section 31-7-14, not to exceed ten (10) years;

(u) To maintain accounts and issue pay certificates on school food service bank accounts;

(v) (i) To lease a school building from an individual, partnership, nonprofit corporation or a private for-profit corporation for the use of such school district, and to expend funds therefor as may be available from any nonminimum program sources. The school board of the school district desiring to lease a school building shall declare by resolution that a need exists for a school building and that the school district cannot provide the necessary funds to pay the cost or its proportionate share of the cost of a school building required to meet the present needs. The resolution so adopted by the school board shall be published once each week for three (3) consecutive weeks in a newspaper having a general circulation in the school district involved, with the first publication thereof to be made not less than thirty (30) days prior to the date upon which the school board is to act on the question of leasing a school building. If no petition requesting an election is filed prior to such meeting as hereinafter provided, then the school board may, by resolution spread upon its minutes, proceed to lease a school building. If at any time prior to said meeting a petition signed by not less than twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified electors of the school district involved shall be filed with the school board requesting that an election be called on the question, then the school board shall, not later than the next regular meeting, adopt a resolution calling an election to be held within such school district upon the question of authorizing the school board to lease a school building. Such election shall be called and held, and notice thereof shall be given, in the same manner for elections upon the questions of the issuance of the bonds of school districts, and the results thereof shall be certified to the school board. If at least three-fifths (3/5) of the qualified electors of the school district who voted in such election shall vote in favor of the leasing of a school building, then the school board shall proceed to lease a school building. The term of the lease contract shall not exceed twenty (20) years, and the total cost of such lease shall be either the amount of the lowest and best bid accepted by the school board after advertisement for bids or an amount not to exceed the current fair market value of the lease as determined by the averaging of at least two (2) appraisals by members of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers. The term "school building" as used in this item (v) shall be construed to mean any building or buildings used for classroom purposes in connection with the operation of schools and shall include the site therefor, necessary support facilities, and the equipment thereof and appurtenances thereto such as heating facilities, water supply, sewage disposal, landscaping, walks, drives and playgrounds. The term "lease" as used in this item (v)(i) may include a lease/purchase contract;

(ii) If two (2) or more school districts propose to enter into a lease contract jointly, then joint meetings of the school boards having control may be held but no action taken shall be binding on any such school district unless the question of leasing a school building is approved in each participating school district under the procedure hereinabove set forth in item (v)(i). All of the provisions of item (v)(i) regarding the term and amount of the lease contract shall apply to the school boards of school districts acting jointly. Any lease contract executed by two (2) or more school districts as joint lessees shall set out the amount of the aggregate lease rental to be paid by each, which may be agreed upon, but there shall be no right of occupancy by any lessee unless the aggregate rental is paid as stipulated in the lease contract. All rights of joint lessees under the lease contract shall be in proportion to the amount of lease rental paid by each;

(w) To employ all noninstructional and noncertificated employees and fix the duties and compensation of such personnel deemed necessary pursuant to the recommendation of the superintendent of schools or the administrative superintendent;

(x) To employ and fix the duties and compensation of such legal counsel as deemed necessary;

(y) Subject to rules and regulations of the State Board of Education, to purchase, own and operate trucks, vans and other motor vehicles, which shall bear the proper identification required by law;

(z) To expend funds for the payment of substitute teachers and to adopt reasonable regulations for the employment and compensation of such substitute teachers;

(aa) To acquire in its own name by purchase all real property which shall be necessary and desirable in connection with the construction, renovation or improvement of any public school building or structure. If the board shall be unable to agree with the owner of any such real property in connection with any such project, the board shall have the power and authority to acquire any such real property by condemnation proceedings pursuant to Section 11-27-1 et seq., Mississippi Code of 1972, and for such purpose, the right of eminent domain is hereby conferred upon and vested in said board. Provided further, that the local school board is authorized to grant an easement for ingress and egress over sixteenth section land or lieu land in exchange for a similar easement upon adjoining land where the exchange of easements affords substantial benefit to the sixteenth section land; provided, however, the exchange must be based upon values as determined by a competent appraiser, with any differential in value to be adjusted by cash payment. Any easement rights granted over sixteenth section land under such authority shall terminate when the easement ceases to be used for its stated purpose. No sixteenth section or lieu land which is subject to an existing lease shall be burdened by any such easement except by consent of the lessee or unless the school district shall acquire the unexpired leasehold interest affected by the easement;

(bb) To charge reasonable fees related to the educational programs of the district, in the manner prescribed in Section 37-7-335;

(cc) Subject to rules and regulations of the State Board of Education, to purchase relocatable classrooms for the use of such school district, in the manner prescribed in Section 37-1-13;

(dd) Enter into contracts or agreements with other school districts, political subdivisions or governmental entities to carry out one or more of the powers or duties of the school board, or to allow more efficient utilization of limited resources for providing services to the public;

(ee) To provide for in-service training for employees of the district. Until June 30, 1994, the school boards may designate two (2) days of the minimum school term, as defined in Section 37-19-1, for employee in-service training for implementation of the new statewide testing system as developed by the State Board of Education. Such designation shall be subject to approval by the State Board of Education pursuant to uniform rules and regulations;

(ff) The school boards of all school districts, as part of their duties to prescribe the use of textbooks, may provide that parents and legal guardians shall be responsible for the textbooks and for the compensation to the school district for any books which are not returned to the proper schools upon the withdrawal of their dependent child. If a textbook is lost or not returned by any student who drops out of the public school district, the parent or legal guardian shall also compensate the school district for the fair market value of the textbooks;

(gg) To conduct fund-raising activities on behalf of the school district that the local school board, in its discretion, deems appropriate or beneficial to the official or extracurricular programs of the district; provided that:

(i) Any proceeds of the fund-raising activities shall be treated as "activity funds" and shall be accounted for as are other activity funds under this section; and

(ii) Fund-raising activities conducted or authorized by the board for the sale of school pictures, the rental of caps and gowns or the sale of graduation invitations for which the school board receives a commission, rebate or fee shall contain a disclosure statement advising that a portion of the proceeds of the sales or rentals shall be contributed to the student activity fund;

(hh) To allow individual lessons for music, art and other curriculum-related activities for academic credit or nonacademic credit during school hours and using school equipment and facilities, subject to uniform rules and regulations adopted by the school board;

(ii) To charge reasonable fees for participating in an extracurricular activity for academic or nonacademic credit for necessary and required equipment such as safety equipment, band instruments and uniforms;

(jj) To conduct or participate in any fund-raising activities on behalf of or in connection with a tax-exempt charitable organization;

(kk) To exercise such powers as may be reasonably necessary to carry out the provisions of this section; and

(ll) To expend funds for the services of nonprofit arts organizations or other such nonprofit organizations who provide performances or other services for the students of the school district.

SECTION 12. 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 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, or for conduct occurring on property other than school property or other than at a 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 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. However, such action of the superintendent or principal shall be subject to review by and the approval or disapproval of the school board. If the parent, guardian or other person having custody of any child shall feel aggrieved by the suspension or dismissal of that child, then such parent, guardian or other person shall have the right to a due process hearing. 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 13. This act shall take effect and be in force from and after July 1, 2000.