House Bill 984

AN ACT TO AMEND SECTION 37-11-18.1, MISSISSIPPI CODE OF 1972, TO INCREASE THE NUMBER OF OCCASIONS DURING A SCHOOL YEAR WHICH A STUDENT MUST PARTICIPATE IN DISRUPTIVE BEHAVIOR IN ORDER TO BE DEEMED "HABITUALLY DISRUPTIVE," TO ESTABLISH CERTAIN REQUIREMENTS FOR BEHAVIOR MODIFICATION PLANS DEVELOPED FOR DISRUPTIVE STUDENTS, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO TRACK THE NUMBER OF STUDENTS WHO ARE EXPELLED FROM PUBLIC SCHOOLS AS HABITUALLY DISRUPTIVE, AND TO DELETE THE REPEALER ON THE PROVISIONS RELATING TO THE EXPULSION OF HABITUALLY DISRUPTIVE STUDENTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-11-18.1, Mississippi Code of 1972, is amended as follows:

37-11-18.1. (1) 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-related activity, and which is not covered by other laws related to violence or 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, threatening, defiant or abusive language or action 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" refers to such actions of a student which cause disruption in a classroom, on school property or vehicles or at a school-related activity on more than three (3) occasions during a school year, and to 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 considered to be habitually disruptive before the development of a behavior modification plan for the student in accordance with the code of student conduct and discipline plans of the school district.

(2) Every behavior modification plan written pursuant to this section must be developed by a licensed behavior specialist or psychologist and utilize evidence-based practices and positive behavioral intervention supports. The plan must be implemented no later than two (2) weeks after the occurrence of the disruptive behavior.

(3) Any student who is thirteen (13) years of age or older for whom a behavior modification plan is developed by the school principal, reporting teacher and student's parent and which student does not comply with the plan shall be deemed habitually disruptive and subject to * * * expulsion on the occurrence of the fourth act of disruptive behavior during a school year. After the second act of disruptive behavior during a school year by a student * * *, a psychological evaluation shall be performed upon the child.

(4) The State Department of Education shall track the number of students who are expelled as habitually disruptive students under this section. Each local school district must report all expulsions, including the basis for each expulsion, to the State Department of Education.

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SECTION 2. This act shall take effect and be in force from and after July 1, 2007.