Senate Bill 2301

AN ACT TO AMEND SECTION 37-11-18, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE AUTOMATIC EXPULSION OF A STUDENT FOR ASSAULTING A TEACHER OR OTHER SCHOOL EMPLOYEE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-11-18, Mississippi Code of 1972, is amended as follows:

37-11-18. Any student in any school (a) 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 (b) who commits a violent act on educational property as defined in Section 97-37-17, Mississippi Code of 1972, or (c) who commits simple or aggravated assault upon any teacher or other school employee, as defined in Section 97-3-7, shall be subject to automatic expulsion for 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 2. This act shall take effect and be in force from and after July 1, 2003.