Regional Administrator Training School Discipline School Law

Regional Administrator Training School Discipline & School Law and Policy Development Mississippi Department of Mississippi Office of Education Attorney General

Smart. Track Survey Results n Doug Caver, DREAM n Data Collection Analysis and Review

MDE Data Model Working Together Working Smarter Working Better

MDE’s Annual Needs Assessment survey Provide local data to schools & districts n Meet federal reporting requirements (NCLB) n Encourage inter-agency cooperation n Promote state, district, & local grant writing activities n Cost Effective n

MS Smart. Track Survey Approximately 85 questions n Focuses on prevalence of ATOD; risk & protective factors n Online & Pencil/Paper surveys n Districts & Schools encouraged, but not required, to participate n

Measuring Success * Includes some preliminary results

Measuring Success * Includes some preliminary results

Measuring Success * Includes some preliminary results

In the Past 30 Days, I have drunk, taken, smoked, or used:

In your community, how available are. . .

“I Drank Beer in the last 30 days” by Grade Level

“I smoked cigarettes in the last 30 days” by Grade Level

“I smoked marijuana in the last 30 days” by Grade Level

Access to Results Instantly accessible via the Internet n Available at the school, district, and state level n Easy-to-use, but incredibly powerful, data reports n Schools & districts trained on data access n

MDE Data Model Working Together Working Smarter Working Better

Safe & Orderly Climate Evaluation Instrument n n Review and Purpose of the Safe & Orderly Climate Evaluation Instrument Update for the New Comprehensive Safe & Orderly Climate Evaluation Instrument – Part A (Policies, Procedures, School Safety Planning) – Part B (Facility & Transportation) n Plans for Utilizing the Instrument – Priority Schools – Assistance for Evaluation Awarded to Ten Level 2 Districts – All Districts Upon Request

School Discipline Law Presented by the Office of Attorney General

MISSISSIPPI PUBLIC SCHOOLS n n n Approximately 500, 000 students 152 school districts Approximately 6, 000 buses with the capacity to transport 250, 000 students n n n Approximately 1, 600 school buildings 358 School Resource Officers 204 School Security Officers

MISSISSIPPI CASE LAW

Clinton v. Byrd, 477 So. 2 d 237 (Miss. 1985). n n Students suspended for defacing school property by painting a “ 1” on a brick wall. SEC. 37 -7 -301 School board authority to be custodians of property, suspend or expel students for misconduct and prescribe and enforce rules SEC. 37 -9 -71 Superintendent’s authority to suspend a student SEC. 37‑ 11‑ 19. Suspension or expulsion of student damaging school property; liability of parent or custodian.

Clinton v. Byrd (cont. ) l. Policy – student who defaces school property is suspended for current semester and readmitted at the next semester with assurances that behavior will not be repeated. l. School disciplinary matters are best resolved in the local community and within the school system. l. If the rule is harsh, the remedy is to persuade the school board to change it.

Warren County Board of Education v. Wilkinson, 500 So. 2 d 455 (Miss. 1986). Student drank beer prior to going to school on the last day of the semester. n Student lost credit for the semester. n School boards exercise powers conferred by law, Sections 37 -9 -71 and 37 -7 -301. n Student was not allowed to cross-examine the witnesses against her and was convicted for an offense that did not exist. n

Pascagoula Municipal School District v. T. H. , III, a minor, 681 So. 2 d 110 (Miss. 1996) n Student drank beer prior to attending a football game. n Student was suspended for ten days. n Against school policy to possess, procure, or purchase or attempt to purchase, to be under the influence of (legal intoxication not required), or to use or consume, the substances listed in this policy

MS AG Op. , Barnett (June 13, 1997) n There is no authority under present law to suspend or expel a student for dangerous or violent acts or the sale of controlled substances for non-school related conduct. n The school district may assign to an alternative school if there is a showing that the non-school related conduct of the child has a direct and negative effect upon the learning environment and/or constitutes a threat to the safety of the student and others.

Can the locker of a student be searched? n Can a vehicle of a student be searched? n Can the clothing and a body of a student be searched? n Must a search be conducted by the SRO? n Must a parent be notified before any action? n Must a parent or legal council be present when a student is questioned by school authorities? n If a search is conducted and nothing is found, have any civil rights been violated? n Must the administrator reveal a source of information? n

DON’T MISS THE ANSWERS TO THESE AND MANY MORE OF YOUR SCHOOL LAW QUESTIONS RIGHT AFTER THIS BREAK………

SCHOOL SEARCHES Legal Test n Reasonable at its inception n Reasonable in scope

REASONABLE AT INCEPTION Recent credible information n Articulate facts n Connect student to violation n Violation of law or school rules n Search will uncover evidence n

REASONABLE IN SCOPE n Not too intrusive n Geared to age and sex of student n Geared to nature of violation

Bd. of Ed. Of Ind. Sch. Dist. No. 92 of Pottawatomie County, et al v. Earls, et al. US Supreme Court 2002 • Policy applied to all Middle and High School students participating in “any extracurricular activity. ” • In reality Policy applied only to “competitive extracurricular activity participants. • Relies heavily on Vernonia: --- Nature of the privacy interest viewed in context of public school setting (lesser expectation of privacy due to participation had less to do with the decision than the school setting itself). --- Nature of the intrusion “not significant. ” --- Nature and immediacy of the concern: national epidemic combined with evidence of increased local concerns.

Reasonable Suspicion? What is it? US Supreme Court defined it as: “Something more than a hunch!”

“Something more than a hunch. ” Proof = Fact(s) M ax i m u m H U N Beyond Clear & Preponderance Probable Reasonable Convincing of the Cause Doubt evidence Reasonable suspicion C H Reasonable Suspicion of what? That the suspected student may have violated your school policy or the law - NOT that s/he is intoxicated!

Evidence of a Crime must be Reported to Law Enforcement n SEC. 37‑ 11‑ 29. Reporting of unlawful activity or violent act on educational property or during school related activity; authority of law enforcement officers; reporting of disposition of charges against student; liability of school personnel participating in reporting.

SEC. 37‑ 11‑ 35. Penalties for failure to file reports pursuant to Sec. 37‑ 11‑ 29. When a superintendent has a reasonable belief that an unlawful act has occurred on educational property or during a school-related activity, a report must be made to local law enforcement at once and without delay. MS AG Op. , Preston (April 11, 2003).

Standard for search LAW ENFORCEMENT EDUCATOR REASONA PROBABLE CAUSE BLE SUSPICION

Suspicion-Based Search – Document the following: n Rule or law violated n Where and what is to be searched n Did the student deny owning the object n Did the student abandon the object n Will the search involve more than one student n What steps taken before requesting an individual search

“Education is not teaching people what they do not know. Education is teaching people to behave as they are not already behaving. ” (Wong)

Programmatic Critical elements include: n Sound school law and policy n Policies and Procedures that are clearly written and effectively communicated. n Behavior expectations, classroom procedures and a well-ordered environment.

LEGISLATIVE ACTIONS § 37 -13 -92 Alternative School Program for Compulsory School Age Students. n Operate an alternative school program OR a behavior modification program. n Definition/Components of a behavior modification program. n

Behavior Modification Program n House Bill 657 revised Section 37 -13 -92 to allow districts to operate an alternative school OR to have a behavior modification program, as defined by the Mississippi Department of Education.

Behavior Modification Program n MDE definition: – Policies, procedures and research-based strategies that teach students the skills needed to make positive decisions concerning behavior and learning. (Approved by the State Board of Education on January 21, 2005)

Behavior Modification Program The program will contain procedures and research-based strategies that: » Include a proactive/prevention component for all students; » Include interventions designed to deal with common disciplinary problems; » Provide an intensive intervention program for low-incidence behavior problems;

Behavior Modification Program The program will contain procedures and research-based strategies that: » Provide a safe and disciplined environment where teaching and learning can take place; and » Provide professional development for all team members and parents; » Permit implementation of the School Safety Plan.

What doesn’t work: n n Punishment-based policies “Get-tough” approach Ironically, this approach alone has resulted in the creation of more negative, hostile school environments.

WHAT WORKS: Change the focus to positive from punitive. Effective School and Classroom Management n Positive Behavior Supports n Three-Tier Intervention Model n

Safe and Healthy School Environment -Office of Safe & Orderly Schools 601 359 1028 -Office of Attorney General 601 359 3680 -Office of School Improvement 601 359 3078 -Office of Special Education 601 359 3498