The principal or superintendent has ultimate authority to remove a student to alternative education[138]; a youth court judge may also send children to alternative schools on a case-by-case basis.[139]

However, this authority is not unbounded. A youth court is not permitted to place a child in an unaccredited alternative school program.[140]  Additionally, the State Board of Education must promulgate minimum guidelines for such alternative programs.[141]  Further, the principal or program administrator of an alternative school must require verification from a referred student's guidance counselor regarding the student's suitability for attendance at the program.  Before a student may be removed to an alternative education program, the school district superintendent must determine that the local district's disciplinary policy is being followed.[142]

References:

[132] Unless for weapon possession or other felonious conduct. Miss. Code Ann. § 37-13-92; 7 MS Prac. Encyclopedia MS Law § 65:210; Op.Atty.Gen. No. 98-0218, Chaney, April 24, 1998.

[133] Consent of the student's school district superintendent is also required. Id.

[134] Miss. Code Ann. § 37-13-92; 7 MS Prac. Encyclopedia MS Law § 65:210; Op.Atty.Gen. No. 98-0218, Chaney, April 24, 1998.

[135] Op.Atty.Gen. No. 97-0268 (97-15980), Barnett, June 13, 1997; Miss. Code Ann. § 37-13-92.  Officials may take this course if such action does not constitute a suspension or expulsion from the school district. Other options may include in-school suspension or alternate site instruction. Id.; Op.Atty.Gen. No. 2003-0439, Adams, September 5, 2003 (incorporating by reference Op.Atty.Gen. No. 97-0268, Barnett, June 13, 1997).

[136] Op.Atty.Gen. No. 94-0619, Price, Sept. 22, 1994; Miss. Code Ann. § 37-13-92.

[137] Op.Atty.Gen. No. 2003-0439, Adams, September 5, 2003 (Incorporating by reference Op.Atty.Gen. No. 97-0268, Barnett, June 13, 1997); Miss. Code Ann. § 37-13-92.

[138] Miss. Code Ann. § 37-13-92.

[139] Op.Atty.Gen., Hudson, Nov. 6, 1991; Miss. Code Ann. § 37-13-92.

[140] Id.

[141] Miss. Code Ann. § 37-13-92.

[142] Id. The policy must include such standards as an individualized evaluation and review process; specific duration of alternative placement; and notification of parents or guardians, and their inclusion in the removal and evaluation process. Id. Additionally, a student who has been assigned to an alternative school program that is a mile or more from the student's home is entitled to transportation to the program. Op.Atty.Gen. No. 96-0845, Wallace, Dec. 20, 1996, citing Miss. Code Ann. §§ 37-41-3 and § 37-13-92(6); Miss. Code Ann. § 37-13-92.

[143] Miss. Code Ann. § 37-13-92; Op.Atty.Gen. No. 2007-00128, Maples, 2007 WL 1229252, March 16, 2007; Op.Atty.Gen. No. 2007-00025, Maples, 2007 WL 852235, February 2, 2007; see also Miss. Code Ann. § 43-21-621.

[143] Miss. Code Ann. § 37-13-92; Op.Atty.Gen. No. 2007-00128, Maples, 2007 WL 1229252, March 16, 2007; Op.Atty.Gen. No. 2007-00025, Maples, 2007 WL 852235, February 2, 2007; see also Miss. Code Ann. § 43-21-621.

[144] Op.Atty.Gen. No. 2007-00025, Maples, 2007 WL 852235, February 2, 2007; Op.Atty.Gen. No. 98-0445, Thompson, July 24, 1998; Op.Atty.Gen. No. 96-0346, Howell, June 7, 1996; Miss. Code Ann. § 37-9-71; Miss. Code Ann. § 37-13-92; Miss. Code Ann. § 37-7-301; 7 MS Prac. Encyclopedia MS Law § 65:210.

[145] Op.Atty.Gen. No. 98-0445, Thompson, July 24, 1998; Miss. Code Ann. § 37-13-92.

Alternative School Programs and Behavioral Modification Programs

Students Eligible for Alternative Programs

Some compulsory-school-age students are required to participate in an alternative school programs or behavior modification programs administered by the school boards of all school districts.  Such students include:

(1) any student suspended for more than 10 days or expelled from school[132];

 (2) any student referred to such alternative programs based on a parent's or guardian's documented need for such placement due to disciplinary problems;

(3) any student referred by a chancellor's or youth court judge's order[133]; and

 (4) any student whose presence in the classroom (as determined by a school superintendent or principal) is disruptive or detrimental to the best interest and welfare of the students and teacher.[134]

Even if a student's misconduct has occurred away from school, school officials may assign him or her to an alternative school program when a school district determines that continuing the student in his or her regular education program would immediately, directly, and disruptively affect the school environment and/or threaten the safety of the student or others.[135]  However, the statutory scheme does not require students expelled for weapon offenses or felonious conduct to be assigned to alternative school programs; the school board has discretion to provide or decline to provide alternative programs for such students.[136]

Again, disciplinary assignment to an alternative school must be accompanied by due process.[137]

Removal of Student from the School System

Certain students may also be removed from alternative school programs, and even from the entire school system.  Any compulsory-school-age child who participates in criminal or violent behavior will be removed from an alternative program; if probable cause exists, a case is then referred to the youth court.[143]  If a school district finds that an expelled student's acts endanger the safety of himself or others, or will disrupt the educational process at the alternative school, the school board has discretion to remove the student from the school system altogether.[144]  However, a school district has limited discretion to establish offenses that may be penalized by total removal from school.  Generally, eligible acts must meet the level of felonies or weapons possession.[145]