House Bill 77

(As Passed the House)

AN ACT TO AMEND SECTION 37-11-64, MISSISSIPPI CODE OF 1972, TO ENHANCE THE PENALTY IMPOSED UPON SCHOOL DISTRICTS FOR SCHOOL ADMINISTRATORS AND CERTAIN OTHER FACULTY, STAFF AND EMPLOYEES WHO INFLUENCE THE FALSIFYING OF GRADES RECEIVED BY A STUDENT FROM A TEACHER; TO PROVIDE THAT UPON PRESENTATION OF SUFFICIENT EVIDENCE OF A VIOLATION THE STATE DEPARTMENT OF EDUCATION IMMEDIATELY SHALL SUSPEND THE ACCREDITATION OF THE VIOLATING SCHOOL OR DISTRICT; TO PROVIDE FOR ADMINISTRATIVE PROCEDURES AND DUE PROCESS FOR THOSE ACCUSED OF VIOLATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-11-64, Mississippi Code of 1972, is amended as follows:

37-11-64. (1) No school board member, school superintendent, assistant superintendent, principal, guidance counselor, other teachers, coaches, or other administrative staff members of the school or the central staff of a local school board shall attempt, directly or indirectly, to change, alter, or otherwise affect the grade received by a student from his teacher except as otherwise specifically allowed by this section.

(2) (a) A teacher's determination of a student's grade as a measure of the academic achievement or proficiency of the student shall not be altered or changed in any manner by any school official or employee other than the teacher except as provided in this subsection.

(b) A school official or employee having authority provided under formally adopted written rules and procedures adopted by the local school board to change a student's grade can take such action only upon it being determined that the grade is an error or that the grade is demonstrably inconsistent with the teacher's grading policy.

(3) Any local school district or personnel employed by the school district who violates the provisions of this section shall cause the local school district or school to be subject to losing its accreditation in the manner determined by the policies and procedures of the State Board of Education. Upon the presentation of sufficient evidence of a violation of this section, the State Department of Education shall immediately suspend the school or school district's accreditation, which will revoke the school or district's participation in extracurricular activities as determined by the department.

(4) (a) When a complaint is made for violation of any of the provisions of this act, or any of the rules or regulations promulgated hereunder, the State Superintendent of Public Education, or his designee, shall act as reviewing officer. The complaint shall be filed with the State Department of Education. The reviewing officer shall cause to be delivered to the accused, in the manner described herein, a copy of the complaint and any supporting documents along with a summons requiring the accused to respond to the allegations within thirty (30) days after service of the summons and complaint upon the accused. The accused shall file with the department a written response to the complaint and any supporting documents within the thirty-day period. The accused may be notified by serving a copy of the summons and complaint on the accused or any of his officers, agents or employees by personal service or by certified mail. Upon the expiration of the thirty-day period, the reviewing officer shall review the complaint, the written response of the accused, if any, and all supporting documents offered by the parties in support of their respective positions. The reviewing officer's decision shall be based solely on the documents provided by the parties. If the reviewing officer determines that the complaint lacks merit, he may dismiss the complaint. If the reviewing officer finds that there are reasonable grounds showing that a violation of the statutes or regulations has been committed, the suspension of accreditation shall stand affirmed. The reviewing officer's decision shall be in writing, and it shall be delivered to the accused by any of the methods described herein for service of the summons and complaint on the accused.

(b) Either the accused or the department may appeal the decision of the reviewing authority's to the State Board of Education by filing a notice of appeal with the department within thirty (30) days of receipt of the reviewing officer's decision. If no appeal is taken from the order of the reviewing officer within the allotted time, the order shall then become final. In the event of an appeal, the board, or its designee, shall conduct a full evidentiary hearing relative to the charges. The board may issue subpoenas to require the attendance of witnesses and the production of documents. Compliance with such subpoenas may be enforced by any court of general jurisdiction in this state. The testimony of witnesses shall be upon oath or affirmation, and they shall be subject to cross-examination. The proceedings shall be recorded by a court reporter. The board shall have all the powers of the reviewing officer described herein, and the board may affirm, reverse or modify the order of the reviewing officer. The board's decision shall be in writing, and it shall be delivered to the parties in the same manner that the summons and complaint may be served upon the accused.

(c) Either the accused or the department may appeal the decision of the board to the circuit court of the county of residence of the accused. The appellant has the obligation of having the record transcribed and filed with the circuit court. The appeal shall otherwise be governed by all applicable laws and rules affecting appeals to the circuit court. If no appeal is perfected within the required time, the decision of the board, or its designee, shall then become final.

(d) The decision of the circuit court may then be appealed by either party to the Mississippi Supreme Court in accordance with the existing laws and rules affecting such appeals.

(5) Any action taken by a school district or any personnel employed by a school district which demonstrates a willful abrogation of any state law or provision of the Mississippi Constitution of 1890, shall result in the immediate loss of the school district's accreditation as provided for in subsection (3) of this section. Any school found to be in violation of this subsection shall be entitled to a due process hearing under the provisions of subsection (4) of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2014.