"Teachers' Bill of Rights"; create.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Tubb, Arnold, Bailey
(23rd), Barnett, Blackwell, Byrd, Carpenter,
Estrada, Eubanks, Foster, Hall, Keen, Lott,
Mangold, Mansell, Mattox, McLean, McMillan,
Morgan, Nelson, Pigott, Powell, Smith, Varner

HOUSE BILL NO. 1100

AN ACT TO CREATE AND CODIFY SECTIONS 37-11-89 THROUGH 1
37-11-103, MISSISSIPPI CODE OF 1972, TO BE KNOWN AS THE 2
"MISSISSIPPI TEACHERS' BILL OF RIGHTS"; TO REQUIRE EACH TEACHER TO 3
DEVELOP AN ANNUAL CLASSROOM MANAGEMENT PLAN FOR EACH INSTRUCTIONAL 4
SETTING AND TO REQUIRE EACH PRINCIPAL TO ESTABLISH WRITTEN 5
SUBMISSION AND APPROVAL TIMELINES, PROVIDE REASONS FOR REQUIRED 6
REVISIONS AND PROVIDE FOR DEEMED APPROVAL UPON NONACTION; TO 7
REQUIRE SCHOOLS TO PROVIDE PARENTS OR LEGAL GUARDIANS THE CODE OF 8
STUDENT CONDUCT AND NOTICE OF TEACHER REMOVAL AUTHORITY; TO 9
DECLARE THE TEACHER THE PRIMARY AUTHORITY IN CLASSROOM MATTERS AND 10
TO AUTHORIZE TEACHER-DIRECTED IMMEDIATE REMOVAL OF A STUDENT FOR 11
SPECIFIED DISRUPTIVE, THREATENING, DANGEROUS OR MATERIALLY 12
INTERFERING CONDUCT; TO REQUIRE PROMPT ADMINISTRATIVE CONTROL AND 13
SUPERVISED PLACEMENT OF REMOVED STUDENTS AND TO CLARIFY THAT 14
REMOVAL IS NOT A SUSPENSION OR EXPULSION; TO PROHIBIT A PRINCIPAL 15
FROM DENYING A TEACHER'S REMOVAL AND TO PROVIDE FOR AN APPEAL 16
PROCESS WHILE MAINTAINING ADMINISTRATIVE PLACEMENT PENDING 17
SATISFACTION OF READMISSION REQUIREMENTS UNLESS THE TEACHER 18
CONSENTS; TO REQUIRE TIMELY INCIDENT REPORTING BY THE TEACHER, 19
DOCUMENTED PARENTAL NOTICE BY SCHOOL ADMINISTRATION AND WRITTEN 20
CERTIFICATION TO THE TEACHER IDENTIFYING ADMINISTRATIVE ACTIONS 21
TAKEN, SAFETY OR BEHAVIORAL SUPPORTS IMPLEMENTED AND CONDITIONS 22
FOR CONTINUED PARTICIPATION BEFORE READMISSION; TO REQUIRE 23
CONFERENCES AND WRITTEN BEHAVIORAL SUPPORT PLANS AFTER REPEATED 24
REMOVALS AND TO PROVIDE PROCEDURES APPLICABLE TO STUDENTS WITH 25
DISABILITIES CONSISTENT WITH FEDERAL LAW; TO REQUIRE ESCALATING 26
ADMINISTRATIVE ACTIONS AFTER REPEATED REMOVALS WITHIN A SPECIFIED 27
PERIOD, INCLUDING IN-SCHOOL SUSPENSION, OUT-OF-SCHOOL SUSPENSION, 28
ALTERNATIVE PLACEMENT RECOMMENDATIONS AND OTHER MAXIMUM 29
DISCIPLINARY MEASURES; TO REQUIRE EACH LOCAL SCHOOL BOARD AND 30
PUBLIC CHARTER SCHOOL GOVERNING BOARD TO ADOPT A TEACHER APPEAL 31
PROCESS, INCLUDING WRITTEN SUBMISSIONS, TIMELY DETERMINATIONS, 32
WRITTEN DECISIONS AND CONTINUED EXCLUSION PENDING APPEAL ABSENT 33
TEACHER CONSENT; TO PROHIBIT RETALIATION AGAINST TEACHERS FOR 34
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GOOD-FAITH EXERCISE OF RIGHTS AND TO REQUIRE PROMPT COMPLAINT 35
INVESTIGATION AND RESOLUTION; TO PROVIDE PRESUMPTIONS AND 36
LIMITATIONS ON CIVIL AND CRIMINAL LIABILITY FOR TEACHERS AND 37
SCHOOL EMPLOYEES ACTING IN GOOD FAITH AND WITHIN THE COURSE AND 38
SCOPE OF EMPLOYMENT, TO AUTHORIZE REIMBURSEMENT OF REASONABLE 39
ATTORNEY'S FEES AND COURT COSTS IN SPECIFIED CIRCUMSTANCES AND TO 40
CLARIFY THAT NO PRIVATE RIGHT OF ACTION FOR DAMAGES IS CREATED; TO 41
REQUIRE LOCAL POLICY ADOPTION, ANNUAL TRAINING, RECORDKEEPING AND 42
AGGREGATE REPORTING TO THE MISSISSIPPI DEPARTMENT OF EDUCATION; TO 43
AMEND SECTION 37-3-85, MISSISSIPPI CODE OF 1972, TO UPDATE 44
FINDINGS AND PROGRAM PURPOSES TO ADDRESS CLASSROOM MISCONDUCT AND 45
DISRUPTIVE BEHAVIOR; TO AMEND SECTIONS 37-9-71, 37-11-1, 46
37-11-18.1, 37-11-55 AND 37-11-57, MISSISSIPPI CODE OF 1972, TO 47
CONFORM DISCIPLINARY AUTHORITIES, DUE PROCESS STANDARDS, CLASSROOM 48
PLACEMENT SAFEGUARDS, BEHAVIOR MODIFICATION AND EVALUATION 49
REQUIREMENTS, STUDENT CONDUCT CODE PROVISIONS, TEACHER REMOVAL AND 50
READMISSION PROCEDURES AND EDUCATOR IMMUNITY AND LIMITATIONS 51
RELATED TO DISCIPLINE AND CORPORAL PUNISHMENT; AND FOR RELATED 52
PURPOSES. 53
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 54
SECTION 1. The following shall be codified as Section 55
37-11-89, Mississippi Code of 1972: 56
37-11-89. This act shall be known and may be cited as the 57
"Mississippi Teachers' Bill of Rights." 58
SECTION 2. The following shall be codified as Section 59
37-11-91, Mississippi Code of 1972: 60
37-11-91. As used in Sections 37-11-89, et seq., the 61
following terms shall have the meanings ascribed in this section, 62
unless context of use requires otherwise: 63
(a) "Classroom" means any instructional setting under 64
the direct supervision of a teacher, including a laboratory, 65
gymnasium, media center, cafeteria during assigned supervision, 66
school bus during assigned supervision, or any other 67
school-sponsored setting in which a teacher is responsible for 68
student supervision and instruction. 69
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(b) "Teacher" means any person employed by a public 70
school district or public charter school in Mississippi who is 71
assigned primary responsibility for instruction or supervision of 72
students and who holds a valid educator license issued by the 73
Mississippi Department of Education, including a classroom 74
teacher, special education teacher, vocational teacher and any 75
other licensed instructional personnel. 76
(c) "Disruptive conduct" means student behavior that, 77
in the professional judgment of the teacher, substantially and 78
materially interferes with instruction, learning or orderly 79
operation of the classroom, or interferes with another student's 80
right to learn, after the teacher has provided directions and 81
reasonable opportunities to comply. The term includes, but is not 82
limited to: 83
(i) Persistent refusal to comply with lawful 84
directions; 85
(ii) Sustained verbal outbursts; 86
(iii) Profane, abusive or harassing language 87
directed at any person; 88
(iv) Deliberate interruption of instruction; 89
(v) Intimidation or bullying occurring within the 90
classroom setting; 91
(vi) Unauthorized use of electronic devices to 92
disrupt instruction; and 93
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(vii) Any conduct that incites or is likely to 94
incite other students to disrupt instruction. 95
(d) "Threatening conduct" means conduct that a 96
reasonable teacher would interpret as a credible threat of 97
physical harm, intimidation, bullying, harassment or retaliation 98
against a teacher, another school employee or a student, whether 99
verbal, written, electronic or physical. 100
(e) "Removal" means the teacher-directed exclusion of a 101
student from the classroom pursuant to Section 37-11-95, with 102
immediate placement under administrative control. 103
(f) "Administrative placement" means assignment of a 104
removed student to a supervised setting designated by the 105
principal or designee that is not the teacher's classroom from 106
which the student was removed. 107
(g) "Readmission" means the return of a removed student 108
to the teacher's classroom pursuant to Section 37-11-97. 109
(h) "Classroom management plan" means a written plan 110
developed by a teacher and approved pursuant to Section 37-11-93 111
that establishes classroom rules, progressive interventions, 112
grounds for removal and documentation procedures. 113
(i) "School day" means a day on which students are 114
required to be present for instruction. 115
(j) "Student with a disability" has the meaning 116
provided in Section 37-11-57(3). 117
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SECTION 3. The following shall be codified as Section 118
37-11-93, Mississippi Code of 1972: 119
37-11-93. (1) Each teacher shall develop a classroom 120
management plan for each course or instructional setting for each 121
school year. The plan must be consistent with the local school 122
board's code of student conduct and the policies adopted under 123
Section 37-11-55. 124
(2) Each principal shall establish, in writing, the process 125
and timeline for submission and approval of classroom management 126
plans. A plan shall be approved or returned for revision within 127
ten (10) school days after submission. If a plan is returned for 128
revision, the principal shall state the specific reason for the 129
revision requirement and the teacher may resubmit a revised plan 130
within five (5) school days. 131
(3) A classroom management plan is deemed approved if the 132
principal does not approve or return the plan for revision within 133
the ten (10) school day period provided in subsection (2). 134
(4) At the beginning of each school year and within ten (10) 135
school days after a student enrolls, each school shall provide to 136
the student's parent or legal guardian a copy of, or electronic 137
access to, the school's code of student conduct and a notice that 138
each teacher maintains a classroom management plan and may remove 139
a student from the classroom under Sections 37-11-95 through 140
37-11-99. 141
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(5) Nothing in this section limits a teacher from taking 142
immediate, reasonable action necessary to protect students or 143
staff, or to maintain control and discipline, as otherwise 144
authorized by law. 145
SECTION 4. The following shall be codified as Section 146
37-11-95, Mississippi Code of 1972: 147
37-11-95. (1) The teacher is the primary authority in 148
classroom matters. Subject to state and federal law, and 149
consistent with the approved classroom management plan and the 150
local code of student conduct, a teacher has the right and duty to 151
direct instruction, establish and enforce classroom rules and 152
maintain an orderly learning environment. 153
(2) A teacher may order the immediate removal of a student 154
from the classroom when, in the professional judgment of the 155
teacher, the student: 156
(a) Engages in disruptive conduct; 157
(b) Obstructs the teaching or learning process of other 158
students; 159
(c) Uses threatening conduct toward a teacher, school 160
employee, or student; 161
(d) Intentionally damages school property or the 162
property of another person within the classroom; 163
(e) Engages in fighting, physical aggression, or any 164
act that creates a reasonable fear of imminent physical harm; 165
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(f) Possesses or uses an object in a manner that is 166
dangerous or is reasonably perceived as a weapon, whether or not 167
the object is a weapon under other law; or 168
(g) Willfully refuses to comply with lawful directions 169
after the teacher has provided appropriate warnings and 170
interventions consistent with the classroom management plan. 171
(3) Upon removal under subsection (2), the teacher shall 172
direct the student to the principal's office or other designated 173
supervised setting. The principal or designee shall immediately 174
assume control and supervision of the student and shall provide 175
administrative placement for the remainder of that class period 176
and for such additional time as is authorized by the code of 177
student conduct, this article and other applicable law. 178
(4) A teacher is not required to continue instruction while 179
a removed student remains in the classroom. A principal or 180
designee shall ensure the student is removed promptly and safely. 181
(5) A principal may not deny a teacher's removal under this 182
section. If the principal believes the removal was not consistent 183
with the code of student conduct, the principal may initiate the 184
appeal process under Section 37-11-92, but the student shall 185
remain in administrative placement until readmission requirements 186
under Section 37-11-91 are satisfied, unless the teacher consents 187
to earlier return. 188
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(6) A removal under this section is not a suspension or 189
expulsion. Suspension or expulsion may be imposed only by the 190
superintendent, principal, or school board in accordance with law. 191
SECTION 5. The following shall be codified as Section 192
37-11-97, Mississippi Code of 1972: 193
37-11-97. (1) Within one (1) school day after a removal 194
under Section 37-11-95, the teacher shall complete a written 195
incident report describing the conduct that led to removal, the 196
interventions attempted if applicable, and any immediate safety 197
concerns. The principal shall provide a simple, standardized form 198
for this purpose and shall ensure that completion of the report 199
does not require a teacher to forfeit instructional time. 200
(2) Within one (1) school day after the removal, the 201
principal or designee shall notify the parent or legal guardian of 202
the removal and the reason for removal. The notice may be made by 203
telephone, electronic communication or written notice, but must be 204
documented. 205
(3) A removed student may not be returned to the teacher's 206
classroom until the principal provides the teacher a written 207
certification that identifies the administrative action taken. 208
The certification must include, at a minimum: 209
(a) The disciplinary response or intervention applied; 210
(b) Any safety plan or behavior supports implemented; 211
and 212
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(c) The conditions for continued classroom 213
participation. 214
(4) If a student is removed from the same teacher's 215
classroom two (2) times during a semester, the student may not be 216
readmitted to that teacher's classroom until a conference is 217
conducted. The conference shall include the teacher and the 218
principal and, when feasible, the parent or legal guardian. The 219
conference must occur within five (5) school days after the second 220
removal. If the parent or legal guardian is unavailable despite 221
documented good-faith efforts, the conference may proceed without 222
the parent or legal guardian, and the principal shall offer an 223
additional conference opportunity within ten (10) school days. 224
(5) Following the conference under subsection (4), the 225
principal shall ensure that a written behavioral support plan is 226
developed and implemented. The plan must state the specific 227
behavior expectations, supports, consequences for further 228
disruptions and any services or referrals that will be provided. 229
(6) Nothing in this section prohibits the teacher from 230
consenting to earlier readmission when the teacher determines that 231
safety and order can be maintained; however, the written 232
certification required under subsection (3) must still be 233
provided. 234
(7) For a student with a disability, documentation, notice, 235
administrative placement and readmission under this section shall 236
be implemented in a manner consistent with the Individuals with 237
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Disabilities Education Act, Section 504 of the Rehabilitation Act 238
of 1973 and their implementing regulations, including requirements 239
concerning manifestation determinations, procedural safeguards and 240
changes of placement. 241
SECTION 6. The following shall be codified as Section 242
37-11-99, Mississippi Code of 1972: 243
37-11-99. (1) If a student is removed from the same 244
teacher's classroom three (3) times within any thirty (30) school 245
day period, the principal shall, within two (2) school days after 246
the third removal, take one or more of the following actions 247
consistent with the code of student conduct: 248
(a) Impose in-school suspension; 249
(b) Impose out-of-school suspension in accordance with 250
law; 251
(c) Recommend or assign the student to an alternative 252
school or alternative educational program, if available and 253
permitted by law; or 254
(d) Initiate other maximum disciplinary action 255
available for the student's conduct under local policy, including 256
a safety or risk assessment and referral to appropriate services. 257
(2) Each local school board and each public charter school 258
governing board shall adopt a written process that allows a 259
teacher to appeal to the superintendent or the superintendent's 260
designee when: 261
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(a) The teacher asserts that a student was returned to 262
the teacher's classroom without compliance with Section 37-11-91; 263
or 264
(b) The teacher asserts that the principal failed to 265
take escalating action required by subsection (1). 266
(3) The appeal process must provide, at a minimum: 267
(a) A method for the teacher to submit a written 268
appeal; 269
(b) A determination within five (5) school days after 270
receipt of the appeal; 271
(c) A written decision stating the basis for the 272
determination; and 273
(d) A requirement that the student remain out of the 274
teacher's classroom pending the appeal decision unless the teacher 275
consents. 276
(4) A school district, public charter school, local school 277
board, governing board, administrator or employee may not 278
discipline, intimidate, threaten, coerce or otherwise retaliate 279
against a teacher for exercising rights or performing duties under 280
Sections 37-11-89 through 37-11-103 in good faith. A teacher may 281
file a written complaint with the superintendent, and the school 282
district or charter school shall ensure a prompt investigation and 283
written resolution. Nothing in this subsection limits remedies 284
otherwise available under state or federal law. 285
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(5) Nothing in this section shall be construed to limit the 286
authority of the superintendent, principal or school board to 287
impose discipline under other law, or to limit the authority of a 288
teacher to maintain control and discipline under Section 37-11-57. 289
SECTION 7. The following shall be codified as Section 290
37-11-101, Mississippi Code of 1972: 291
37-11-101. (1) In addition to the protections provided in 292
Section 37-11-57, a teacher or other school employee who, in good 293
faith, acts or omits to act in compliance with Sections 37-11-89 294
through 37-11-103 and the local school district's adopted code of 295
student conduct is presumed to have acted within the course and 296
scope of employment. 297
(2) A teacher or other school employee acting within the 298
course and scope of employment and in compliance with Sections 299
37-11-89 through 37-11-103 shall not be subject to civil or 300
criminal liability for a removal, administrative placement 301
decision or readmission decision, except in the case of excessive 302
force or cruel and unusual punishment, acts outside the course and 303
scope of employment, acts done with criminal intent, acts done in 304
bad faith or with malicious purpose or acts that violate state or 305
federal law. 306
(3) The local school board or public charter school 307
governing board may reimburse or compensate a teacher or other 308
school employee for reasonable attorney's fees and court costs 309
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incurred in defending a claim arising from the employee's 310
good-faith performance under Sections 37-11-89 through 37-11-103. 311
(4) Nothing in this section creates a private right of 312
action against a school district, public charter school, local 313
school board or governing board for damages. 314
SECTION 8. The following shall be codified as Section 315
37-11-94, Mississippi Code of 1972: 316
37-11-103. (1) By July 1, 2026, each local school board and 317
each public charter school governing board shall adopt or revise 318
policies and procedures necessary to implement Sections 37-11-89 319
through 37-11-103. Such policies must be incorporated into the 320
code of student conduct required under Section 37-11-55. 321
(2) Each school district and public charter school shall 322
provide annual training to teachers and administrators regarding: 323
(a) development and approval of classroom management plans; (b) 324
removal and administrative placement procedures; (c) required 325
documentation and parent notice; (d) readmission conferences and 326
behavioral support plans; (e) appeal and nonretaliation 327
procedures; and (f) discipline requirements applicable to students 328
with disabilities under federal law. 329
(3) Each school district and public charter school shall 330
maintain records of removals and resulting disciplinary actions 331
and shall report aggregate data annually to the Mississippi 332
Department of Education in a manner prescribed by the department. 333
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SECTION 9. Section 37-3-85, Mississippi Code of 1972, is 334
amended as follows: 335
37-3-85. (1) The Legislature finds that: 336
(a) Students who are serious behavior problems in 337
school are at risk of becoming juvenile and adult offenders; 338
(b) Growing numbers of children live in conditions that 339
place them at risk of school failure; 340
(c) The provision of school and support services to 341
these children and their families by public and nonprofit agencies 342
is fragmented and does not prepare these children to learn 343
effectively and have a successful school experience; 344
(d) The lack of collaboration among schools, families, 345
local agencies and other groups involved in family support and 346
youth development activities results in the inefficient and 347
ineffective use of resources to meet the needs of these children; 348
(e) Schools are dedicating an increasing amount of 349
their time and resources to responding to disruptive and violent 350
behavior rather than fulfilling their mission to challenge with 351
high expectations each child to learn, to achieve and to fulfill 352
his or her potential; 353
(f) Responding to the needs of students who are at risk 354
of school failure and providing for a safe and secure learning 355
environment are cost-effective because it enables the state to 356
substitute preventive measures for expensive crisis intervention; 357
and 358
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(g) Differing local needs and local resources 359
necessitate the development of locally generated, community-based 360
plans that coordinate and leverage existing resources, not the 361
imposition of uniform and inflexible, state-mandated plans. 362
(2) There is established within the State Department of 363
Education the Support Our Students (S.O.S.) program. The purpose 364
of the program is to award grants to neighborhood- and 365
community-based organizations to establish local S.O.S. programs 366
that provide high quality after-school mentoring activities for 367
school-aged children and provide for comprehensive, collaborative 368
delivery of mentoring services by public and nonpublic agencies to 369
these children. These services shall be designed to enrich and 370
make a positive impact on the lives of school-aged children. 371
These after-school activities may include activities after the 372
regular school day and activities on days that students are not 373
required to attend school. 374
(3) The goals of the S.O.S. program are to: 375
(a) Reduce juvenile crime in local communities served 376
by the program; 377
(b) Recruit community volunteers to provide positive 378
adult role models for school-aged children and to help supervise 379
after-school activities; 380
(c) Reduce the number of students who are unsupervised 381
after school, otherwise known as "latchkey" children; 382
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(d) Improve the academic performance of students 383
participating in the program; 384
(e) Meet the physical, intellectual, emotional and 385
social needs of students participating in the program and improve 386
their attitudes and behavior; * * * 387
(f) Improve coordination of existing resources and 388
enhance collaboration so as to provide services to school-aged 389
children effectively and efficiently * * *; and 390
(g) Reduce the occurrence and reoccurrence of 391
incidences of misconduct, outbursts and unruly, abusive or 392
disruptive behavior by students in the classroom setting. 393
(4) As used in this section, "school-aged children" means 394
children enrolled in kindergarten through the ninth grade. 395
(5) The State Department of Education shall develop and 396
implement the Support Our Students (S.O.S.) program. The 397
department shall: 398
(a) Sponsor a statewide conference each year for teams 399
of interested representatives to provide background information 400
and assistance regarding all aspects of the program; 401
(b) Disseminate information regarding the program to 402
interested neighborhood and community groups; 403
(c) Develop and disseminate a request for applications 404
to establish local S.O.S. programs; 405
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(d) Provide initial technical assistance to grant 406
applicants and ongoing technical assistance as grants are 407
implemented; 408
(e) Administer funds appropriated by the Legislature; 409
(f) Monitor the grants funded; 410
(g) Revoke a grant if necessary or appropriate; 411
(h) Develop and implement a performance-based 412
evaluation system to evaluate the program; 413
(i) Report on the program implementation to the 414
Legislature and the Office of the Governor; 415
(j) Adopt any rules necessary to implement this 416
section. 417
(6) A community- or neighborhood-based 501(c)(3) entity or a 418
consortium consisting of one or more local 501(c)(3) entities and 419
one or more local school districts may apply for a grant. 420
(7) Applicants for grants shall submit to the State 421
Department of Education an application that includes the following 422
information: 423
(a) Identification of one or more neighborhoods to be 424
served by the local S.O.S. program, based on a needs assessment of 425
existing conditions for school-aged children to be served. Data 426
used in the needs assessment may include for each neighborhood to 427
be served by a local program (i) dropout statistics, (ii) the 428
number and percentage of school-aged children who participate in 429
the federal subsidized lunch program, (iii) the number of 430
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suspensions and expulsions involving school-aged children, (iv) 431
the number of children to be served, (v) the number and percentage 432
of students with two (2) working parents or one (1) single parent 433
to be served at a site; (vi) the incidence of juvenile crime in 434
the neighborhood, and (vii) any other relevant or unique local 435
demographic data. 436
Local authorities shall provide this or related information 437
on a timely basis to local 501(c)(3) entities submitting 438
applications to establish local S.O.S. programs; 439
(b) A three-year plan that addresses data used in the 440
needs assessment and that includes proposed goals and anticipated 441
outcomes of the local S.O.S. program. The plan shall be prepared 442
after consultation with local after-school programs, schools, 443
community organizations or groups which have as their purpose 444
assisting or helping school-aged children who are at risk of 445
failing in school or entering the juvenile justice system, or 446
other appropriate groups. In addition, the three-year plan shall 447
provide for regular collaborative efforts to seek input and advice 448
from parents of the students being served and from other citizens 449
who reflect the demographic conditions of the students being 450
served; 451
(c) A statement of how grant funds would be used to 452
address local problems and what other resources would be used to 453
address the problems. This statement should include a list of 454
services to be offered that are related to the goals and outcomes 455
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and should include plans for recruiting volunteers to assist in 456
the program's activities; and 457
(d) A process for assessing on an annual basis the 458
success of the local plan for addressing the goals of the local 459
S.O.S. program. 460
(8) The department shall develop and disseminate a request 461
for applications and establish procedures to be followed in 462
developing and submitting applications to establish local S.O.S. 463
programs and administering grants to establish local S.O.S. 464
programs. 465
In reviewing grant applications, the State Superintendent of 466
Education shall consider the prevalence of under-served students 467
and families in low-income neighborhoods and in isolated rural 468
areas in the area for which the grant is requested, the severity 469
of the local problems with regard to children at risk of school 470
failure and with regard to school discipline, whether the proposed 471
program meets state standards, and the likelihood that the locally 472
designed plan will deal with the problems successfully. During 473
the review process, the superintendent may recommend modifications 474
in grant applications to applicants. The superintendent shall 475
submit recommendations to the State Board of Education on which 476
applicants should receive grants and the amount they should 477
receive. 478
In selecting grant recipients, the State Board of Education 479
shall consider (a) the recommendations of the superintendent, (b) 480
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the geographic location of the applicants, and (c) the demographic 481
profile of the applicants. After considering these factors, the 482
State Board of Education shall give priority to grant applications 483
that will serve areas that have a high incidence of juvenile crime 484
and that propose different approaches that can serve as models for 485
other communities. The State Board of Education shall select the 486
grant recipients prior to July 1, 1995, for local programs that 487
will be in operation at the beginning of the 1995-1996 school 488
year, and prior to July 1 and thereafter for the appropriate 489
school year. 490
A grant recipient may request a modification of a grant or 491
additional funds to implement a grant through the grant 492
application process. The request shall be reviewed and accepted 493
or rejected in the same manner as a grant application. 494
(9) The State Department of Education shall administer the 495
grant program under the direction of the State Board of Education. 496
The State Department of Education shall provide technical 497
assistance to grant applicants and recipients. 498
(10) All agencies of the state and local government, 499
including departments of human services, health departments, local 500
mental health, and intellectual disability commissions, court 501
personnel, law enforcement agencies and cities and counties shall 502
cooperate with the State Department of Education and local school 503
boards that receive grants in coordinating the S.O.S. program at 504
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the state level and in implementing the S.O.S. program at the 505
local level. 506
(11) The Department of Education shall develop and implement 507
an evaluation system, under the direction of the State Board of 508
Education, that will assess the efficiency and effectiveness of 509
the S.O.S. program. However, private schools shall not be 510
included under the provisions of this section. 511
SECTION 10. Section 37-9-71, Mississippi Code of 1972, is 512
amended as follows: 513
37-9-71. (1) The superintendent of schools and the 514
principal of a school shall have the power to suspend or expel a 515
pupil for good cause, including misconduct in the school or on 516
school property, as defined in Section 37-11-29, on the road to 517
and from school, or at any school-related activity or event when 518
such conduct by a pupil, in the determination of the 519
superintendent or principal, renders that pupil's presence in the 520
classroom a disruption to the educational environment of the 521
school or a detriment to the best interest and welfare of the 522
pupils and teacher of such class as a whole, or for any reason for 523
which such pupil might be suspended, dismissed or expelled by the 524
school board under state or federal law or any rule, regulation or 525
policy of the local school district. For any suspension of more 526
than ten (10) days or expulsions, a student shall have the right 527
to a due process hearing, be represented by legal counsel, to 528
present evidence and cross-examine witnesses presented by the 529
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district. The student and the student's parent, legal guardian or 530
person in custody of the student may appeal suspension of more 531
than ten (10) days and expulsions to the school board. The 532
standard of proof in all disciplinary proceedings shall be 533
substantial evidence. The parent or guardian of the child shall 534
be advised of this right to a hearing by the appropriate 535
superintendent or principal and the proper form shall be provided 536
for requesting such a hearing. 537
(2) Nothing in this section shall be construed to limit a 538
teacher's authority to remove a student from the classroom under 539
Sections 37-11-89 through 37-11-103, nor to require that a removal 540
under those sections be treated as a suspension or expulsion. 541
SECTION 11. Section 37-11-1, Mississippi Code of 1972, is 542
amended as follows: 543
37-11-1. (1) Subject to the provisions of subsection (2) of 544
this section, after a pupil has been assigned to a particular 545
public school in a school district, the principal, or anyone else 546
vested with the authority of assigning pupils to classes, 547
knowingly shall not place such pupil in a class where the pupil's 548
presence would serve to adversely affect, hinder, * * * 549
substantially delay the progress of the academic development of 550
the other pupils in the class. 551
(2) (a) A parent or guardian of twins or higher order 552
multiples, as defined in paragraph (d) of this subsection, may 553
request that the children be placed in the same classroom or in 554
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separate classrooms if the children are in the same grade level at 555
the same school in the school district. The school may recommend 556
classroom placement and provide professional education advice to 557
the parent or guardian to assist the parent or guardian in making 558
the best decision for the children's education. A school must 559
provide the placement requested by the children's parent or 560
guardian unless: (i) the parent or guardian has requested that 561
the children, who are different sexes, be placed in the same 562
classroom and the students in the school have been assigned to 563
different classrooms according to sex, as authorized under Section 564
37-11-3; or (ii) the school board of the school district makes a 565
classroom placement determination following the school principal's 566
request according to this subsection. 567
(b) A parent or guardian making a request under this 568
subsection must submit a written request for the classroom 569
placement to the school principal no later than fourteen (14) 570
calendar days after the first day of each school year or, if the 571
children are enrolled in the school after the school year 572
commences, no later than fourteen (14) calendar days after the 573
children's first day of attendance in the school. 574
(c) At the end of the initial grading period during 575
which children have been in the same classroom or separate 576
classrooms pursuant to their parent or guardian's request under 577
this subsection, if the principal, in consultation with the 578
children's classroom teacher or teachers, determines that the 579
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requested classroom placement is disruptive to the school, the 580
principal may request that the school board determine the 581
children's classroom placement. 582
(d) For purposes of this section, the term "higher 583
order multiples" means triplets, quadruplets, quintuplets or more. 584
SECTION 12. Section 37-11-18.1, Mississippi Code of 1972, is 585
amended as follows: 586
37-11-18.1. (1) For the purposes of this section: 587
(a) The term "disruptive behavior" means conduct of a 588
student that is so unruly, disruptive or abusive that it seriously 589
interferes with a schoolteacher's or school administrator's 590
ability to communicate with the students in a classroom, with a 591
student's ability to learn, or with the operation of a school or 592
school-related activity, and which is not covered by other laws 593
related to violence or possession of weapons or controlled 594
substances on school property, school vehicles or at 595
school-related activities. Such behaviors include, but are not 596
limited to: foul, profane, obscene, threatening, defiant or 597
abusive language or action toward teachers or other school 598
employees; defiance, ridicule or verbal attack of a teacher; and 599
willful, deliberate and overt acts of disobedience of the 600
directions of a teacher; and 601
(b) The term "habitually disruptive" refers to such 602
actions of a student which cause disruption in a classroom, on 603
school property or vehicles or at a school-related activity on 604
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more than two (2) occasions during a school year, and to 605
disruptive behavior that was initiated, willful and overt on the 606
part of the student and which required the attention of school 607
personnel to deal with the disruption. However, no student shall 608
be considered to be habitually disruptive before the development 609
of a behavior modification plan for the student in accordance with 610
the code of student conduct and discipline plans of the school 611
district. 612
(2) Every behavior modification plan written pursuant to 613
this section must be developed by utilizing evidence-based 614
practices and positive behavioral intervention supports. The plan 615
must be implemented no later than two (2) weeks after the 616
occurrence of the disruptive behavior. 617
(3) Any student who is thirteen (13) years of age or older 618
for whom a behavior modification plan is developed by the school 619
principal, reporting teacher and student's parent and which 620
student does not comply with the plan shall be deemed habitually 621
disruptive and subject to expulsion on the occurrence of the third 622
act of disruptive behavior during a school year. After the second 623
act of disruptive behavior during a school year by a student, the 624
parents or legal guardian of the student shall be provided written 625
notice of the potential consequential outcomes for such behavior, 626
and a psychological evaluation shall be performed upon the child. 627
SECTION 13. Section 37-11-55, Mississippi Code of 1972, is 628
amended as follows: 629
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37-11-55. The local school board shall adopt and make 630
available to all teachers, school personnel, students and parents 631
or guardians, at the beginning of each school year, a code of 632
student conduct developed in consultation with teachers, school 633
personnel, students and parents or guardians. The code shall be 634
based on the rules governing student conduct and discipline 635
adopted by the school board and shall be made available at the 636
school level in the student handbook or similar publication. The 637
code shall include, but not be limited to: 638
(a) Specific grounds for disciplinary action under the 639
school district's discipline plan; 640
(b) Procedures to be followed for acts requiring 641
discipline, including suspensions and expulsion, which comply with 642
due process requirements; 643
(c) An explanation of the responsibilities and rights 644
of students with regard to: attendance; respect for persons and 645
property; knowledge and observation of rules of conduct; free 646
speech and student publications; assembly; privacy; and 647
participation in school programs and activities; 648
(d) Policies and procedures recognizing the teacher as 649
the authority in classroom matters, and supporting that teacher in 650
any decision in compliance with the written discipline code of 651
conduct. Such recognition shall include the right of the teacher 652
to remove from the classroom any student who, in the professional 653
judgment of the teacher, is disrupting the learning environment, 654
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to the office of the principal or assistant principal. The 655
removal authority shall be exercised and implemented in accordance 656
with Sections 37-11-89 through 37-11-103 and the teacher's 657
approved classroom management plan. The principal or assistant 658
principal shall determine the proper placement for the 659
student * * *. A student removed by the teacher may not be 660
returned to the classroom until the readmission requirements of 661
Section 37-11-97 are satisfied. If the principal believes a 662
removal was not consistent with the code of student conduct, the 663
principal may initiate the appeal process adopted under Section 664
37-11-99, but the student shall remain in administrative placement 665
pending compliance with Section 37-11-97 unless the teacher 666
consents; 667
(e) Policies and procedures for dealing with a student 668
who causes a disruption in the classroom, on school property or 669
vehicles, or at school-related activities, including procedures 670
for teacher-directed removal, administrative placement and 671
readmission under Sections 37-11-89 through 37-11-103; 672
(f) Procedures for the development of behavior 673
modification plans by the school principal, reporting teacher and 674
student's parent for a student who causes a disruption in the 675
classroom, on school property or vehicles, or at school-related 676
activities for a second time during the school year, which shall 677
include the behavioral support plan required by Section 678
37-11-97(5) when applicable; and 679
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(g) Policies and procedures specifically concerning 680
gang-related activities in the school, on school property or 681
vehicles, or at school-related activities. 682
SECTION 14. Section 37-11-57, Mississippi Code of 1972, is 683
amended as follows: 684
37-11-57. (1) Except in the case of excessive force or 685
cruel and unusual punishment, a public school teacher, assistant 686
teacher, principal, or an assistant principal acting within the 687
course and scope of his employment shall not be liable for any 688
action carried out in conformity with state or federal law or 689
rules or regulations of the State Board of Education or the local 690
school board or governing board of a charter school regarding the 691
control, discipline, suspension and expulsion of students, 692
including actions taken pursuant to Sections 37-11-89 through 693
37-11-103. The local school board shall provide any necessary 694
legal defense to a teacher, assistant teacher, principal, or 695
assistant principal in the school district who was acting within 696
the course and scope of his employment in any action which may be 697
filed against such school personnel. A school district or charter 698
school, as the case may be, shall be entitled to reimbursement for 699
legal fees and expenses from its employee if a court finds that 700
the act of the employee was outside the course and scope of his 701
employment, or that the employee was acting with criminal intent. 702
Any action by a school district or charter school against its 703
employee and any action by the employee against the school 704
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district or charter school for necessary legal fees and expenses 705
shall be tried to the court in the same suit brought against the 706
school employee. 707
(2) Corporal punishment administered in a reasonable manner, 708
or any reasonable action to maintain control and discipline of 709
students taken by a public school teacher, assistant teacher, 710
principal or assistant principal acting within the scope of his 711
employment or function and in accordance with any state or federal 712
laws or rules or regulations of the State Board of Education or 713
the local school board or governing board of a charter school does 714
not constitute negligence or child abuse. No public school 715
teacher, assistant teacher, principal or assistant principal so 716
acting shall be held liable in a suit for civil damages alleged to 717
have been suffered by a student as a result of the administration 718
of corporal punishment, or the taking of action to maintain 719
control and discipline of a student, unless the court determines 720
that the teacher, assistant teacher, principal or assistant 721
principal acted in bad faith or with malicious purpose or in a 722
manner exhibiting a wanton and willful disregard of human rights 723
or safety. For the purposes of this subsection, "corporal 724
punishment" means the reasonable use of physical force or physical 725
contact by a teacher, assistant teacher, principal or assistant 726
principal, as may be necessary to maintain discipline, to enforce 727
a school rule, for self-protection or for the protection of other 728
students from disruptive students. 729
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ST: "Teachers' Bill of Rights"; create.
(3) Notwithstanding subsection (2) of this section a public 730
school teacher, assistant teacher, principal, assistant principal 731
or other school personnel is prohibited from using corporal 732
punishment, as defined in subsection (2) of this section, on any 733
student with a disability. No school personnel shall be granted 734
immunity from liability under subsection (2) of this section for 735
the use of corporal punishment on a student with a disability. 736
For purposes of this subsection, the term "student with a 737
disability" means a student who has an individualized education 738
plan (IEP) under the Individuals with Disabilities Education Act 739
(IDEA) or a Section 504 plan under the Rehabilitation Act of 1973. 740
The term "school personnel" includes all individuals employed on a 741
full-time or part-time basis by a public school. 742
SECTION 15. This act shall take effect and be in force from 743
and after July 1, 2026. 744