MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Education; Judiciary, Division A

By: Senator(s) Tollison

Senate Bill 2470

AN ACT TO AMEND SECTION 37-1-9, MISSISSIPPI CODE OF 1972, TO CLARIFY THE SUBPOENA AUTHORITY OF THE STATE BOARD OF EDUCATION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-1-9, Mississippi Code of 1972, is amended as follows:

     37-1-9.  (1)  (a)  The Mississippi Board of Education, acting by and through its chairman or executive secretary, is authorized to administer oaths, to take or cause depositions to be taken, and to subpoena persons * * * and to issue a subpoena to compel production of books, papers, records and other documents.  The board shall have the powers of a court to compel witnesses to attend and testify in all matters of investigation by the board.

          (b)  For noncompliance with a subpoena, the * * * board party seeking to compel compliance with a subpoena may apply to the circuit court for an order requiring the person subpoenaed to appear before the board and to testify * * * and produce books, papers, records and documents if so ordered.  Failure to obey the order of the court may be punished as contempt.

     (2)  (a)  In addition to the exemptions from public access provided in Section 37-11-51, investigative reports shall be exempt from the provisions of the Mississippi Public Records Act of 1983, but the board may choose to make public all or any part of an investigative report.

          (b)  For the purposes of this subsection (2), "investigative report" includes documentation on which it is based and means records that are compiled by the board, the Department of Education, the Commission on Teacher and Administrator Education, Certification and Licensure and Development, or the Accreditation Commission in the process of investigating alleged misconduct that could result in disciplinary action, the disclosure of which would impede, harm or jeopardize the investigation, or that would:  (i) reveal the identity of informants or witnesses; (ii) deprive a person of a right to a fair trial or an impartial adjudication; or (iii) endanger the life or safety of a public official or employee or confidential informants or witnesses.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2017.