Education Rights Center

at Howard University School of Law





A Research Center Promoting Educational Equity for All Students
MS - Other Infractions
Contents
  1. School uniform violation
  2. Interference with students, personnel, meetings, and school sessions
  3. Violation of test security procedures
  4. Fraternities, sororities, and secret societies
  5. References

School Uniform Violation

School boards have the authority to  determine that a mandatory school uniform rule is necessary to  promotes a substantial, legitimate interest of the school district.  If it adopts a uniform policy, it also has the discretion to determine the appropriate punishments for uniform violations.  Any student who is financially able to buy the required uniforms may be punished for violations (though the student must receive procedural due process).[193]

School uniform and dress code policies, however, can sometimes infringe on students’ freedom of expression rights.  For further discussion of student rights in this regard, see [link].

Interference with School Students, Personnel, and Sessions

Intimidating, threatening, or coercing a student in the attempt to interfere with that student's right to attend school is a misdemeanor and carries a fine of up to $500 and/or imprisonment for up to 6 months.[194]  Abuse of a school superintendent, principal, teacher, or bus driver during school or at a school-related activity is also a misdemeanor and punishable, with fines of $10-50.[195]  Disturbing a public school session or meeting is also punishable with fines of $10 to $50.[196]

Violation of Test Security Procedures

State standardized tests are administered under procedures set by the state.  It is unlawful to violate these procedures or to knowingly and willfully: give students prior access to test questions; copy any part of a secure test booklet; coach students during testing; change or interfere with students' answers; give students answer keys; fail to account for test materials before, during, and after testing; or participate in, direct, aid, counsel, assist in, encourage or fail to report any of the above acts.[197]  Violation of any of these provisions is a misdemeanor and carries a fine of up to $1,000.00 and/or prison terms of up to 90 days.  In addition, the State Board of Education may suspend and/or revoke the administrative or teaching credentials of anyone convicted.[198]  Students who were affected by any of these testing irregularities may also be required to retake the test.[199]

Fraternities, Sororities, and Secret Societies Prohibited

Public high school fraternities, sororities, and secret societies are unlawful.[201]   Thus, public school students may not join or participate in these organizations,[202] nor may anyone solicit public school students to join or attend meetings of such organizations.  A public high school fraternity, sorority, or secret society is defined as any exclusive organization that includes and inducts public high school students on the basis of a decision by the organization's members.[200]   Violations of thiese prohibitions are a misdemeanor and punishable with fines of $25-100 for each offense.[203]
DB notes: move up from endnotes definitions of "disruptive"/"habitually disruptive" and "corporal punishment. Also move up info in notes 142, 151, 168, 170, 173

References:

[193] Op.Atty.Gen. No. 99-0274, Smith, June 11, 1999; Miss. Code Ann. § 37-7-301. See, e.g., Shows v. Freeman, 230 So.2d 63 (Miss. 1969) (school principal's rule prohibiting male students from wearing their hair longer than two inches above eyebrows was not improper privacy invasion, having rational basis in preventing disruption of educational atmosphere). If a mandatory school uniform is imposed, a school district must include a hardship waiver requiring district to provide uniforms for students unable to purchase them. Op.Atty.Gen. No. 96-0239, Dukes, May 31, 1996. (Modified by Op.Atty.Gen. No. 2007-00432, Bounds, 2007 WL 2744736, August 3, 2007).
[194] Miss. Code Ann. § 37-11-20; 7 MS Prac. Encyclopedia MS Law § 65:209. A person under 17 years engaging in such conduct is under the youth court's jurisdiction. Id.
[195] Miss. Code Ann. § 37-11-21.
[196] Miss. Code Ann. § 37-11-23.
[197] Miss. Code Ann. § 37-16-4.
[198] Id.
[199] Id. Results from the test's second administration are final. Id. Miss. Code Ann. § 37-35-13 contains comparable prohibitions and penalties regarding GED testing.
[200] Miss. Code Ann. § 37-11-37; 7 MS Prac. Encyclopedia MS Law § 65:209. The definition and prohibition do not apply to the Order of DeMolay, Masonic orders, or similar adult fraternal organizations. Id.
[201] Miss. Code Ann. § 37-11-39.
[202] Miss. Code Ann. § 37-11-41; 7 MS Prac. Encyclopedia MS Law § 65:209.
[203] Miss. Code Ann. § 37-11-45; 7 MS Prac. Encyclopedia MS Law § 65:209.
[204] Miss. Code Ann. § 37-105-7.
[205] Id.