Mississippi School Safety Act of 2001

The Mississippi School Safety Act of 2001 is cumulative and in addition to the school district’s existing authority regarding the discipline of students. The Act recognizes the teacher as the authority in classroom matters regarding the school district’s code of conduct.  

 

Pursuant to the Mississippi School Safety Act of 2001, a teacher may remove a student who, in the professional judgment of the teacher, is disrupting the learning environment. If the removal is approved by the principal or assistant principal, the student may not be returned to the classroom until a conference has been held with the student’s parent, guardian, or custodian. During the conference, the disruptive behavior will be discussed and an agreement will be reached that no further disruption will be tolerated. The conference may be in person, by telephone, by email, or other written communication. See OSSD BOT Policies JCA - Student Conduct and JCB - Code of Conduct.  

 

The term “disruptive behavior” means conduct of a student that is so unruly, disruptive, or abusive that it seriously interferes with a teacher’s or administrator’s ability to communicate with the students in a classroom, with a student’s ability to learn, or with the operation of a school or school-related activity, and which is not covered by other laws related to violence or possession of weapons or controlled substances on school property, school vehicles or at school-related activities. MS Code § 37-11-18.1 defines such behaviors to include, but are not limited to foul, profane, obscene, threatening, defiant, or abusive language or action toward teachers or other school employees; defiance, ridicule, or verbal attack of a teacher; and willful, deliberate and overt acts of disobedience of the directions of the teacher.

 

The term “habitually disruptive” in the law refers to actions by a student that cause disruption in a classroom, on school property or vehicles, or at a school-related activity on more than two occasions during a school year, and the disruptive behavior that was initiated, willful, and overt on the part of the student and which required the attention of school personnel to deal with the disruption.  

 

Upon the first incident, should the principal or his/her designee determine that the student's conduct does rise to the level of “disruptive behavior" as required in the act or in accordance with existing procedures addressing the removal of the students from class, the parent/guardian will be contacted and a conference held with the parent/guardian by the most effective and/or efficient means available, including but not limited to, telephone, e-mail, written notice  via mail or delivery. After the conference and application of the appropriate discipline under the school discipline plan, the student may return to class.

 

After the second incident of disruptive behavior as determined by the principal or his/her designee, the principal or his/her designee, the student's parent or guardian, and the reporting teacher or teachers shall develop a behavior modification plan. The conference to develop the plan may be held in person or via telephone. If the parent/guardian does not respond or refuses to participate, the teacher(s) and the principal or his/her designee shall prepare the plan and mail a copy to the parent/guardian.

 

Behavior modification plans written to address habitually disruptive behavior will be developed by utilizing evidence-based practices and positive behavioral intervention supports. The plan will be implemented no later than two (2) weeks after the occurrence of the disruptive behavior.

 

Once the determination has been made by the principal or his/her designee that the student has not complied with the behavior modification plan, the principal or his/her designee shall follow the procedure for disciplining the student according to the student code of conduct and discipline plan, which may include expulsion to the alternative school for applicable offenses. The Act limits the expulsion remedy to students age 13 and above. However, under OSSD BOT policy and other discipline procedures, expulsion may also apply to students under age 13. 

 

Any discipline, including expulsion, for "habitually disruptive" behavior under the Act, must follow existing procedures to ensure that the student is afforded his / her due process protections. MS Code § 37-11-55 (b)

 

The Mississippi School Safety Act of 2001 authorizes the district to use audio/visual monitoring equipment in classrooms, hallways, buildings, grounds, and buses for the purpose of monitoring disciplinary problems. Requirements imposed by federal law such as IDEA, Section 504, or the Protection of Pupil Rights Amendment (PRPA) supersede any state statutory provisions.