School behavior modification plans; revise definitions, standards and procedures concerning disability.

S. B. No. 2507 *SS36/R903* ~ OFFICIAL ~ G1/2
26/SS36/R903
PAGE 1 (icj\kr)

To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hickman

SENATE BILL NO. 2507

AN ACT TO AMEND SECTION 37-11-18.1, MISSISSIPPI CODE OF 1972, 1
TO REVISE THE DEFINITION OF "HABITUALLY DISRUPTIVE" IN THE CONTEXT 2
OF SCHOOL BEHAVIOR; TO IMPOSE ADDITIONAL STANDARDS AND 3
REQUIREMENTS FOR BEHAVIOR MODIFICATION PLANS, AND FOR RESPONSES TO 4
NONCOMPLIANCE WITH SUCH PLANS, WITH REFERENCE TO THE FEDERAL 5
INDIVIDUALS WITH DISABILITIES IN EDUCATION ACT (IDEA) AND THE 6
FEDERAL REHABILITATION ACT OF 1973; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 37-11-18.1, Mississippi Code of 1972, is 9
amended as follows: 10
37-11-18.1. (1) For the purposes of this section: 11
(a) The term "disruptive behavior" means conduct of a 12
student that is so unruly, disruptive or abusive that it seriously 13
interferes with a schoolteacher's or school administrator's 14
ability to communicate with the students in a classroom, with a 15
student's ability to learn, or with the operation of a school or 16
school-related activity, and which is not covered by other laws 17
related to violence or possession of weapons or controlled 18
substances on school property, school vehicles or at 19
school-related activities. Such behaviors include, but are not 20
S. B. No. 2507 *SS36/R903* ~ OFFICIAL ~
26/SS36/R903
PAGE 2 (icj\kr)

limited to: foul, profane, obscene, threatening, defiant or 21
abusive language or action toward teachers or other school 22
employees; defiance, ridicule or verbal attack of a teacher; and 23
willful, deliberate and overt acts of disobedience of the 24
directions of a teacher; and 25
(b) The term "habitually disruptive" refers to such 26
actions of a student which cause disruption in a classroom, on 27
school property or vehicles or at a school-related activity on 28
more than two (2) occasions during a school year, and to 29
disruptive behavior that was initiated, willful and overt on the 30
part of the student and which required the attention of school 31
personnel to deal with the disruption. However, no student shall 32
be considered to be habitually disruptive before the local school 33
board incorporates evidence-based practices and positive 34
behavioral intervention supports into individual school district 35
policies and codes of conduct under Section 37-11-54 and before 36
the subsequent development of a behavior modification plan for the 37
student in accordance with the code of student conduct and 38
discipline plans of the school district. Additionally, no student 39
shall be considered habitually disruptive if the student is either 40
currently receiving special education services under an IEP 41
pursuant to the IDEA or services under a 504 Plan pursuant to the 42
federal Rehabilitation Act of 1973. If, before the occurrence of 43
disruptive behavior precipitating disciplinary action, a public 44
school or school district has knowledge that a child has a 45
S. B. No. 2507 *SS36/R903* ~ OFFICIAL ~
26/SS36/R903
PAGE 3 (icj\kr)

disability, and such child has not been determined to be eligible 46
for special education and related services as provided in 34 CFR § 47
300.534, then the child shall not be considered habitually 48
disruptive. 49
(c) "IDEA" means the federal Individuals with 50
Disabilities in Education Act. 51
(d) "IEP" means an individual education plan under the 52
IDEA. 53
(e) "MET" means a Multidisciplinary Evaluation Team 54
consisting of a student's parent or guardian, school counselor, 55
teachers, and a psychologist or behavioral specialist. 56
(2) Every behavior modification plan written pursuant to 57
this section must be developed by utilizing evidence-based 58
practices and positive behavioral intervention supports. The 59
behavior modification plan must be developed with input from an 60
MET. The plan should be developed only after an assessment of the 61
behavior which is conducted by: (a) identifying the "target" or 62
problem behaviors; (2) observing the child, perhaps in different 63
environments, and collecting data on the target behavior, the 64
antecedents to the behavior, time the behavior occurs, situations 65
where the behavior occurs, and the consequences of the behavior; 66
(3) formulating a hypothesis about the causes of the behavior and 67
a summary statement; and (4) developing interventions with the 68
highest potential of changing the behavior. The need for a 69
behavior modification plan should trigger the public agency to 70
S. B. No. 2507 *SS36/R903* ~ OFFICIAL ~
26/SS36/R903
PAGE 4 (icj\kr)

consider initiating child-find processes under the IDEA to 71
identify, locate and evaluate the minor child to determine if the 72
child has a disability which is manifested by the habitually 73
disruptive behavior and is entitled to special education services 74
under the IDEA or under a 504 Plan pursuant to the Rehabilitation 75
Act of 1973 for that disability. The MET should discern whether 76
the student requires a comprehensive evaluation to determine 77
eligibility for special education services under the IDEA. Any 78
student not qualifying for special education services under the 79
IDEA must be considered for eligibility under a 504 Plan. The 80
behavior modification plan must be implemented no later than two 81
(2) weeks after the occurrence of the disruptive behavior. 82
(3) Any student who is thirteen (13) years of age or older 83
for whom a behavior modification plan is developed by the school 84
principal, reporting teacher and student's parent and which 85
student does not comply with the plan shall be deemed habitually 86
disruptive and subject to possible expulsion or alternative school 87
on the occurrence of the third act of disruptive behavior during a 88
school year, with the exception of students receiving special 89
education services under an IEP pursuant to the IDEA or services 90
under a 504 Plan pursuant to the Rehabilitation Act of 1973. 91
After the second act of disruptive behavior during a school year 92
by a student, a psychological evaluation shall be performed upon 93
the child. The school district may consider initiating child-find 94
processes under the IDEA to identify, locate and evaluate the 95
S. B. No. 2507 *SS36/R903* ~ OFFICIAL ~
26/SS36/R903
PAGE 5 (icj\kr)
ST: School behavior modification plans; revise
definitions, standards and procedures concerning
disability.
minor child to determine if the child has a disability which is 96
manifested by the habitually disruptive behavior and is entitled 97
to special education services under the IDEA or under a 504 Plan 98
pursuant to the Rehabilitation Act of 1973 for that disability. 99
The MET should discern whether the student requires a 100
comprehensive evaluation to determine eligibility for special 101
education services under the IDEA. Any student who does not 102
qualify for special education services under the IDEA must be 103
considered for eligibility under a 504 Plan. 104
SECTION 2. This act shall take effect and be in force from 105
and after July 1, 2026. 106