MS - Other Issues

Students’ disciplinary records are private and confidential. This information should not be released to private parties or the public. The only time that these records can be release to entities outside the school is when a youth court judge finds it necessary to protect that student's or the public's health and safety.[148]

School District Discipline Plans and Codes of Student Conduct

At the beginning of each school year, the local school board must provide a copy of its code of student conduct to all teachers, school personnel, students, and parents or guardians.[151] The code shall include: specific grounds for punishment, lawful disciplinary procedures, students' rights and responsibilities, a statement that the teacher is the authority in classroom matters and may remove disruptive students from the classroom, policies and procedures (including behavior modification plans) in dealing with disruptive students, and policies and procedures regarding gang-related activities on school property or at school-related activities.[152]
School boards must also submit their discipline plans and codes of student conduct for legal review each year to ensure their policies are consistent with the law.[150]

Responsibility of Parents and Guardians

Parents and guardians are financially responsible for destructive acts and criminal fines incurred by their children. When such acts occur, and parents or guardians may be required to attend a discipline conference, parents or guardians who refuse or willfully fail to attend any such conference may be formally summoned and required to attend. If a parent or guardian still fails to attend a discipline conference after being summoned (or to perform other required duties), the parent or guardian is subject to a fine of up to $250.[153]
A public school district may also recover up to $20,000.00 in damages, plus court costs, from the parents of any minor who maliciously and willfully damages or destroys school district property.[154]

Reporting Unlawful Activity

School personnel who know of unlawful activity occurring on school property or at a school-related activity[161] must report[162] the illegal activity to the school district superintendent,[163] who must immediately notify law enforcement.[164] A superintendent[165] who reasonably believes that unlawful activity has occurred must also immediately report the act to law enforcement.[166] Mississippi defines "unlawful activity" as: possession or use of a deadly weapon[156]; possession, sale, or use of a controlled substance; aggravated assault[157]; assault[158] of a school employee; rape, sexual battery, murder, or kidnapping[159]; or touching a child for lustful purposes.[160]

Upon receiving a report of illegal activity, the police shall send an officer to the school to investigate the matter. If the investigation demonstrates probable cause that the unlawful activity has occurred, the officer may make an arrest.[167] If a student is ultimately charged with a crime, both the police and court must provide school officials with notice of the charges within one week. They must also provide a subsequent report that indicates the final result of the charges, whether they be a conviction or dismissal.[168]

References:

[146] Miss. Code Ann. § 37-15-6. The department may require school districts to report: a student's name; date of expulsion; student's age at the time of expulsion; school from which the student was expelled; reason for the expulsion, including a description of the student's acts; duration of the expulsion; and any other information that the department deems necessary for school officials to determine whether or not a student should be denied enrollment based on a previous expulsion.

[147] Miss. Code Ann. § 37-15-6. Student records are exempt under Mississippi law from disclosure under the Public Records Act. Miss. Code Ann. § 37-11-51; 7 MS Prac. Encyclopedia MS Law § 65:71. Boards should not discuss matters that would violate this protection by disclosing the substance of the records. Miss. Code Ann. § 25-61-11; 7 MS Prac. Encyclopedia MS Law § 65:71.

[148] Op.Atty.Gen. No. 93-0779, Bennett, Nov. 5, 1993; Miss. Code Ann. § 37-11-31.

[149] Miss. Code Ann. § 37-11-53.

[150] Id. School districts' discipline plans and codes of student conduct must incorporate provisions of Miss. Code Ann. §§ 37-11-53, 37-11-55, and 37-11-18.1. Id.

[151] Student conduct codes should be published in the student handbook or a similar publication. Miss. Code Ann. § 37-11-55, as amended by 2001 Miss. Laws Ch. 486 (S.B. 2239); 7 MS Prac. Encyclopedia MS Law § 65:208.

[152] Id.

[153] Miss. Code Ann. § 37-11-53.

[154] Id.

[155] Id.

[156] Miss. Code Ann. § 97-37-1.

[157] Miss. Code Ann. § 97-3-7.

[158] Id.

[159] As defined under Mississippi law.

[160] Miss. Code Ann. § 97-5-23; Miss. Code Ann. § 37-11-29.

[161] But see Miss. Op. Atty. Gen. No. 97-0739, Anderton, Nov. 21, 1997 (all crimes, not just the ones listed in Section 37-11-29(6) should be reported to the school system regardless of whether committed on school property).

[162] A superintendent, principal, teacher, or other personnel participating in the making of a report or subsequent judicial proceeding is presumed to act in good faith, and is therefore immune from civil liability. Miss. Code Ann. § 37-11-29.

[163] Or designee. A principal may make such report in case of an emergency, or if the superintendent or designee is unavailable. Id.

[164] Id.; 7 MS Prac. Encyclopedia MS Law § 65:214.

[165] Or designee.

[166] Miss. Code Ann. § 37-11-29; Miss. Code Ann. § 37-9-14(2)(x). Failure to make a report will result in penalties provided in Section 37-11-35. Id. This section does not apply to ordinary traffic violations carrying a fine of less than $50 and costs. Miss. Code Ann. § 37-11-29; Miss. Code Ann. § 43-21-255(3); 7 MS Prac. Encyclopedia MS Law § 65:214.

[167] Miss. Code Ann. § 37-11-29; 7 MS Prac. Encyclopedia MS Law § 65:214. A report required by Sec. 37-11-29(2) must contain the student's full name; place, date, and time of arrest; statement of charges and disposition; bail information; and student's home and school. A report made after the trial shall also contain a statement of charges, acquittal or conviction information; fine or sentencing information; whether an appeal is taken; and (if applicable) amount of bail and name of surety upon bail bond. Miss. Code Ann. § 37-11-31.

[168] The report must be sent to the Secretary of the Board of Trustees of State Institutions of Higher Learning of the State of Mississippi, at Jackson, Mississippi. Miss. Code Ann. § 37-11-29; Miss. Code Ann. § 43-21-255(3); 7 MS Prac. Encyclopedia MS Law § 65:214.

[169] Id.

[170] Or any other state institution of higher learning.

[171] Miss. Code Ann. § 37-105-3.

[172] Miss. Code Ann. § 37-105-5.

[173] Or other state institution of higher learning.

[174] Miss. Code Ann. § 37-105-9. Peace officers employed by Jackson State University and the University of Southern Mississippi have the powers and duties of a constable in preventing violations of law within 500 feet of university-owned property. Miss. Code Ann. § 37-105-3.

[175] Op.Atty.Gen. No. 97-0044, Sims, 1997 WL 47266, Jan. 31, 1997; Miss. Code Ann. § 37-105-9.

[176] Miss. Code Ann. § 37-105-9.