House Bill 773

(As Passed the House)

AN ACT TO CREATE NEW SECTION MISSISSIPPI CODE OF 1972, TO 37-13.80.2, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PROVIDE A BIANNUAL REPORT TO THE DIRECTOR OF THE MISSISSIPPI YOUTH CHALLENGE ACADEMY CONTAINING INFORMATION OF THE IDENTITY, LAST KNOWN ADDRESS AND LAST DATE OF ATTENDANCE OF STUDENTS BETWEEN THE AGES OF 16 AND 18 YEARS OF AGE WHO ARE PRESUMED TO HAVE DROPPED OUT OF SCHOOL IN EACH SCHOOL DISTRICT; TO REQUIRE SCHOOL DISTRICTS TO PROVIDE WRITTEN NOTICE TO PARENTS AND CERTAIN STUDENTS OF THE DISCLOSURE OF INFORMATION AND AN OPPORTUNITY TO OBJECT TO SAID DISCLOSURE; TO REQUIRE THE DIRECTOR OF THE YOUTH CHALLENGE ACADEMY TO CERTIFY THE NONDISCLOSURE OF INFORMATION TO THIRD PARTIES EXCEPT THOSE INDIVIDUALS EMPLOYED BY THE PROGRAM FOR RECRUITMENT AND RETENTION OF STUDENTS; TO AMEND SECTION 43-27-203, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section

37-13-80.2, Mississippi Code of 1972:

37-13-80.2. (1) Except as provided in subsection (2) of this section, on or before January 15 and July 15 of each year, the State Department of Education shall provide to the Director of the Mississippi Youth Challenge Academy, operated by the Mississippi National Guard for the purposes of educating and training youth, a biannual report containing the name, last known address and last dates of attendance of a student who:

(a) Is at least sixteen (16) years of age but has not attained the age of nineteen (19);

(b) Was enrolled, but is no longer in a school district in the state;

(c) Has not provided school transfer or graduation information to another school district within or outside of the state; and

(d) Has not received a high school diploma or a high school equivalency diploma or general educational development certificate.

(2) At the beginning of each school year, each school district shall provide a written notice to the parent or legal guardian of the student, or, if the student is at least eighteen (18) years of age, to the student, of the disclosure of information under subsection (1) of this section and provide an opportunity for objection to the disclosure.

(3) The official to whom the information in subsection (1) is provided shall certify in writing to the State Department of Education, which shall affirm such certification to local school districts, that the information will not be disclosed to any other party except as necessary to recruit and retain students.

SECTION 2. Section 43-27-203, Mississippi Code of 1972, is amended as follows:

43-27-203. (1) There is created under the Mississippi National Guard a program to be known as the "Youth Challenge Program." The program shall be an interdiction program designed for children determined to be "at risk" by the National Guard.

(2) The Mississippi National Guard shall implement and administer the Youth Challenge Program and shall promulgate rules and regulations concerning the administration of the program and the gathering and use of information provided by the State Department of Education relating the identifying information of and the number of student dropouts as prescribed under Section 1 of this act. The National Guard shall prepare written guidelines concerning the nomination and selection process of participants in the program, and such guidelines shall include a list of the factors considered in the selection process.

(3) Participation in the Youth Challenge Program shall be on a voluntary basis. No child may be sentenced by any court to participate in the program; however, a youth court judge may refer the program to a child when, under his determination, such program would be sufficient to meet the needs of the child.

(4) The Mississippi National Guard, under the auspices of the Challenge Academy, may award an adult high school diploma to each participant who meets the requirements for a High School Equivalency Diploma equivalent under the policies and guidelines of the GED Testing Service of the American Council on Education and any other minimum academic requirements prescribed by the National Guard and Challenge Academy for graduation from the Youth Challenge Program. Participants in the program who do not meet the minimum academic requirements may be awarded a special certificate of attendance. The Mississippi National Guard and the Challenge Academy shall establish rules and regulations for awarding the adult high school diploma and shall prescribe the form for such diploma and the certificate of attendance.

(5) The Mississippi National Guard may accept any available funds that may be used to defray the expenses of the program, including, but not limited to, federal funding, public or private funds and any funds that may be appropriated by the Legislature for that purpose.

SECTION 3. This act shall take effect and be in force from and after July 1, 2016.