House Bill 678

AN ACT TO PROHIBIT THE SCHOOL BOARD OF EACH LOCAL SCHOOL DISTRICT FROM IMPLEMENTING POLICIES ESTABLISHING A MINIMUM GRADE TO STUDENTS ON CLASS ASSIGNMENTS AND EXAMINATIONS; TO REQUIRE THAT STATE RESOURCES SHALL BE WITHHELD FROM ANY LOCAL SCHOOL OR SCHOOL DISTRICT WITH A POLICY ESTABLISHING A MINIMUM GRADE UNTIL ALL GRADES ARE CORRECTED AND VERIFIED BY THE STATE DEPARTMENT OF EDUCATION; TO REQUIRE THE IMMEDIATE REMOVAL OF ANY PRINCIPAL OR ADMINISTRATOR MAINTAINING A POLICY ESTABLISHING A MINIMUM GRADE FROM HIS OR HER POSITION AND TO PROHIBIT THE SCHOOL AT WHICH HE OR SHE SERVES AS PRINCIPAL OR ADMINISTRATOR FROM RECEIVING STATE RESOURCES FOR A ONE-YEAR PERIOD; TO PROVIDE THAT IT SHALL BE A FELONY FOR VIOLATIONS OF SUCH PROHIBITION; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The school board of each local school district and each local school shall be prohibited from implementing policies, whether written or unwritten, that establish a minimum grade to students on class assignments and examinations. Any local school district or local school receiving funds from the State of Mississippi that has a policy, whether written or unwritten, that establishes a minimum grade in violation of this section, immediately upon discovery, shall be prohibited from receiving any state resources until all the grades have been corrected and verified by the State Department of Education. Any principal or administrator who maintains a policy, whether written or unwritten, that establishes a minimum grade in violation of this section, shall be removed immediately from his or her position, and the school at which he or she serves as principal or administrator shall be prohibited from receiving any state resources for a period of one (1) year.

(2) Any person found to be in violation of subsection (1) of this section, in addition to the penalty imposed under that subsection, shall be guilty of a felony and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000.00) or be imprisoned not exceeding six (6) months, or both.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.