MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Education

By: Representative Formby

House Bill 1210

AN ACT TO CREATE NEW SECTION 37-13-7.1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO WITHHOLD ADEQUATE EDUCATION PROGRAM FUNDS FROM SCHOOL DISTRICTS FAILING TO PROPERLY DISPLAY THE NATIONAL AND STATE FLAGS AND TO LEAD STUDENTS IN THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The following shall be codified as Section

37-13-7.1, Mississippi Code of 1972:

     37-13-7.1.  Any person may file a complaint with the State Department of Education alleging that a school district is not complying with the requirements of Section 37-13-5 or 37-13-7, or both.  Upon receipt of a complaint, the department shall notify the school board of the school district of the complaint and shall determine whether or not the alleged noncompliance is occurring in the district.  If the department finds that the school district is not in compliance with the requirements of Section 37-13-5 or 37-13-7, or both, and the school district fails to take such action as may be necessary to rectify the noncompliance within thirty (30) days after receiving notice of the department's finding, the department shall withhold the school district's Adequate Education Program funds until the school district demonstrates, to the satisfaction of the department, full compliance with the requirements of Sections 37-13-5 and 37-13-7.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2004.