MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Education
By: Representative Brown
AN ACT TO REQUIRE SUPERINTENDENTS OF ANY PUBLIC OR STATE ACCREDITED PRIVATE SCHOOL DISTRICT OR HIS DESIGNEE TO REPORT ALL INSTANCES OF EDUCATOR MISCONDUCT AND UNLAWFUL ACTIVITY TO THE STATE DEPARTMENT OF EDUCATION; TO PROVIDE THE GROUNDS REQUIRED FOR REPORTING THE MISCONDUCT; TO SPECIFY THE TIME FOR SUBMITTING THOSE REPORTS TO THE DEPARTMENT AND THE COMMISSION OF TEACHER AND ADMINISTRATOR EDUCATION, CERTIFICATION AND LICENSURE AND DEVELOPMENT; TO AMEND SECTION 97-5-24, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PRINCIPAL AND SUPERINTENDENT TO REPORT EMPLOYEES HAVING A POSITION OF AUTHORITY OR SPECIAL TRUST ACCUSED OF HAVING SEXUAL INVOLVEMENT WITH A MINOR CHILD ENROLLED IN THE DISTRICT TO THE DISTRICT ATTORNEY WITH JURISDICTION, THE STATE DEPARTMENT OF EDUCATION AND THE COMMISSION OF TEACHER AND ADMINISTRATOR EDUCATION, CERTIFICATION AND LICENSURE AND DEVELOPMENT; TO AMEND SECTION 97-29-3, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTIES FOR VIOLATION OF TEACHERS AND STUDENTS ENGAGING IN SEXUAL INTERCOURSE WITH EACH OTHER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The superintendent of any public or state accredited private school district in this state or his designee shall report all instances of educator misconduct and unlawful activity to the State Department of Education if the superintendent has reasonable belief that:
(a) An educator employed by or seeking employment by the district has a criminal record;
(b) An educator's employment in the district was terminated, either voluntarily or involuntarily, based on a determination that the educator:
(i) Abused or otherwise committed unlawful acts with a student;
(ii) Possessed, transferred, sold or distributed a controlled substance, as defined in Section 41-29-105;
(iii) Illegally transferred, appropriated, or expended funds or other property of the district;
(iv) Attempted by fraudulent or unauthorized means to obtain or alter a professional certificate of license for the purpose of promotional or additional compensation; or
(v) Committed or participated in any other unlawful activity, as defined by Section 37-11-29, for which a report must be submitted to the appropriate law enforcement authority, on educational property or during a school related activity;
(c) The educator resigned and reasonable evidence supports a recommendation by the superintendent to terminate the educator based on the determination that the educator engaged in misconduct described above; or
(d) The educator engaged in conduct that violated test security procedures.
(2) The superintendent must notify the State Department of Education by filing a report with attached documentation not later than seven (7) days after the date of learning about the alleged incident or misconduct described in subsection (1) of this section. The superintendent must also provide written notice to the accused of the allegations of misconduct reported not later than seven (7) days after notifying the department of the alleged incident. The notice, report and attached documentation shall remain privilege information and shall not be disclosed directly or indirectly to anyone other than to the accused, the superintendent, the department, the Commission of Teacher and Administrator Education, Certification and Licensure and Development, the district attorney having jurisdiction or the appropriate law enforcement agency. The report must be in writing and in a form prescribed by the State Board of Education for making reports required under this section. The superintendent shall notify the board of trustees of the school district of the filing of the report required above.
(3) The State Department of Education, if notified by a superintendent of any alleged incident or misconduct prohibited by this section, is authorized to report any educator misconduct to the district attorney having jurisdiction and the appropriate law enforcement agency, and shall have direct communication with those entities with regard to any privileged information disclosed by the department.
(4) As used in this section, "abuse" includes any type of sexual involvement between an educator and student under the age of eighteen (18).
SECTION 2. Section 97-5-24, Mississippi Code of 1972, is amended as follows:
97-5-24. (1) If any person eighteen (18) years or older who is employed by any public or state accredited private school district in this state, and having a position of authority or special trust, as defined in subsection (2) of this section, is accused of fondling or having any type of sexual involvement with any child under the age of eighteen (18) years who is enrolled in the school, the principal of the school and the superintendent of the school district shall timely notify the district attorney with jurisdiction where the school is located of that accusation, the State Department of Education and the Commission of Teacher and Administrator Education, Certification and Licensure and Development, provided that the accusation is reported to the principal and to the school superintendent and that there is a reasonable basis to believe that the accusation is true.
(2) As used in this section, the following words and phrases shall have the meaning ascribed in this subsection unless the context clearly indicates otherwise:
(a) "Position of authority" means, but is not limited to, the position occupied by a coach, teacher, temporary or permanent school employee, counselor, school attendance officer or staff employed by any public or state accredited private school district in this state. The term "staff" includes the principal and clerical and custodial employees.
(b) "Position of special trust" means a position occupied by a person in a position of authority who by reason of that position is able to exercise undue influence over a minor under his authority.
SECTION 3. Section 97-29-3, Mississippi Code of 1972, is amended as follows:
97-29-3. If any teacher and any pupil under eighteen (18) years of age * * *, not being married to each other, * * * have sexual intercourse * * * with each other, they shall, for every such offense, be fined in any sum, not more than One Thousand Dollars ($1,000.00) each, and the teacher shall be punished in the same manner as for a conviction of sexual battery under Section 97-3-101(1).
SECTION 4. This act shall take effect and be in force from and after July 1, 2010.