Regional Administrator TrainingRegional Administrator TrainingSchool Discipline & School Law School Discipline & School Law

and Policy Developmentand Policy Development

Mississippi Department of Mississippi Department of

EducationEducation

Mississippi Office of Mississippi Office of

Attorney GeneralAttorney General

SmartTrack Survey ResultsSmartTrack Survey Results

Doug Caver, DREAMDoug Caver, DREAM

Data Collection Analysis and ReviewData Collection Analysis and Review

MDE Data ModelMDE Data Model

Working TogetherWorking Together

Working SmarterWorking Smarter

Working BetterWorking Better

MDE’s AnnualMDE’s Annual Needs Assessment survey Needs Assessment survey

Provide local data to schools & districtsProvide local data to schools & districts Meet federal reporting requirements Meet federal reporting requirements

(NCLB)(NCLB) Encourage inter-agency cooperationEncourage inter-agency cooperation Promote state, district, & local grant writing Promote state, district, & local grant writing

activities activities Cost EffectiveCost Effective

MS SmartTrack SurveyMS SmartTrack Survey

Approximately 85 questions Approximately 85 questions Focuses on prevalence of ATOD; risk & Focuses on prevalence of ATOD; risk &

protective factorsprotective factors Online & Pencil/Paper surveysOnline & Pencil/Paper surveys Districts & Schools encouraged, but not Districts & Schools encouraged, but not

required, to participaterequired, to participate

Measuring SuccessMeasuring Success * Includes some preliminary results* Includes some preliminary results

104

110

114

118

95

100

105

110

115

120

2001 2002 2003 2004

Districts

Measuring SuccessMeasuring Success * Includes some preliminary results* Includes some preliminary results

425

454457

405410415420425430435440445450455460

2001 2002 2003 2004

Schools

Measuring SuccessMeasuring Success * Includes some preliminary results* Includes some preliminary results

106,518106,827

125,576

95,000

100,000

105,000

110,000

115,000

120,000

125,000

130,000

2001 2002 2003 2004

Students

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

79.9%

78.6%

82.1%81.2%

79.1% 78.1%

87.4% 86.8%

72.0%

74.0%

76.0%

78.0%

80.0%

82.0%

84.0%

86.0%

88.0%

Beer Cigarrettes Other Alcohol Marijuana

Answer = "None"

2002 2003

In your community, In your community, how available are . . .how available are . . .

52.0%

32.8%

15.3%

51.3%

31.8%

16.9%

60.0%

26.5%

13.5%

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%

Tobacco products (cigarettes,chewing tobacco, etc.)?

Alcohol products (beer, wine,liquor, etc.)?

Illegal drugs (marijuana, cocaine,etc.)?

Never/Seldom Freq./Always Sometimes

10%

20%

28%30%

0%

5%

10%

15%

20%

25%

30%

6th 8th 10th 11th

2003-2004 Students who replied other than "None"

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

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

8%

18%

23%

26%

0%

5%

10%

15%

20%

25%

30%

6th 8th 10th 11th

2003-2004 Students who replied other than "None"

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

5%

12%

17% 17%

0%

2%

4%

6%

8%

10%

12%

14%

16%

18%

6th 8th 10th 11th

2003-2004 Students who responded other than "None"

Access to ResultsAccess to Results

Instantly accessible via the InternetInstantly accessible via the Internet Available at the school, district, and state levelAvailable at the school, district, and state level Easy-to-use, but incredibly powerful, data Easy-to-use, but incredibly powerful, data

reportsreports Schools & districts trained on data accessSchools & districts trained on data access

MDE Data ModelMDE Data Model

Working TogetherWorking Together

Working SmarterWorking Smarter

Working BetterWorking Better

Safe & Orderly Climate Safe & Orderly Climate Evaluation InstrumentEvaluation Instrument

Review and Purpose of the Safe & Orderly Review and Purpose of the Safe & Orderly Climate Evaluation InstrumentClimate Evaluation Instrument

Update for the New Comprehensive Safe & Update for the New Comprehensive Safe & Orderly Climate Evaluation InstrumentOrderly Climate Evaluation Instrument– Part A (Policies, Procedures, School Safety Part A (Policies, Procedures, School Safety

Planning)Planning)– Part B (Facility & Transportation) Part B (Facility & Transportation)

Plans for Utilizing the InstrumentPlans for Utilizing the Instrument– Priority SchoolsPriority Schools– Assistance for Evaluation Awarded to Ten Level 2 Assistance for Evaluation Awarded to Ten Level 2

DistrictsDistricts– All Districts Upon RequestAll Districts Upon Request

School Discipline LawSchool Discipline Law

Presented by the Presented by the

Office of Attorney Office of Attorney GeneralGeneral

MISSISSIPPI PUBLIC MISSISSIPPI PUBLIC SCHOOLSSCHOOLS

Approximately Approximately 500,000 students500,000 students

152 school districts152 school districts Approximately 6,000 Approximately 6,000

buses with the buses with the capacity to transport capacity to transport 250,000 students 250,000 students

Approximately 1,600 Approximately 1,600 school buildingsschool buildings

358 School Resource 358 School Resource OfficersOfficers

204 School Security 204 School Security OfficersOfficers

MISSISSIPPI CASE LAWMISSISSIPPI CASE LAW

Clinton v. ByrdClinton v. Byrd, , 477 So.2d 237 477 So.2d 237 (Miss. 1985).(Miss. 1985).

Students suspended for defacing school Students suspended for defacing school property by painting a “1” on a brick wallproperty by painting a “1” on a brick wall. .

SEC. 37-7-301 School board authority to be SEC. 37-7-301 School board authority to be custodians of property, suspend or expel custodians of property, suspend or expel students for misconduct and prescribe and students for misconduct and prescribe and enforce rulesenforce rules

SEC. 37-9-71 Superintendent’s authority to SEC. 37-9-71 Superintendent’s authority to suspend a studentsuspend a student

SEC. 37‑11‑19. Suspension or expulsion of SEC. 37‑11‑19. Suspension or expulsion of student damaging school property; liability of student damaging school property; liability of parent or custodian.parent or custodian.

Clinton v. Byrd (cont.)Clinton v. Byrd (cont.)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.

School disciplinary matters are best resolved in the local community and within the school system.

If the rule is harsh, the remedy is to persuade the school board to change it.

Warren County Board of Education Warren County Board of Education v. Wilkinson, v. Wilkinson, 500 So.2d 455 (Miss. 1986).500 So.2d 455 (Miss. 1986).

Student drank beer prior to going to school on Student drank beer prior to going to school on the last day of the semester.the last day of the semester.

Student lost credit for the semester.Student lost credit for the semester. School boards exercise powers conferred by law, School boards exercise powers conferred by law,

Sections 37-9-71 and 37-7-301.Sections 37-9-71 and 37-7-301. Student was not allowed to cross-examine the Student was not allowed to cross-examine the

witnesses against her and was convicted for an witnesses against her and was convicted for an offense that did not exist.offense that did not exist.

Pascagoula Municipal School District Pascagoula Municipal School District v. T.H., III, v. T.H., III, a minor,a minor, 681 So.2d 110 (Miss. 1996) 681 So.2d 110 (Miss. 1996)

Student drank beer prior to attending a Student drank beer prior to attending a football game. football game.

Student was suspended for ten days.Student was suspended for ten days. Against school policy to possess, procure, Against school policy to possess, procure,

or purchase or attempt to purchase, to be or purchase or attempt to purchase, to be under the influence of (legal intoxication under the influence of (legal intoxication not required), or to use or consume, the not required), or to use or consume, the substances listed in this policy substances listed in this policy

MS AG Op., Barnett (June 13, 1997)MS AG Op., Barnett (June 13, 1997)

There is no authority under present law to There is no authority under present law to suspend or expel a student for dangerous or suspend or expel a student for dangerous or violent acts or the sale of controlled violent acts or the sale of controlled substances for non-school related conduct.substances for non-school related conduct.

The school district may assign to an The school district may assign to an alternative school if there is a showing that alternative school if there is a showing that the non-school related conduct of the child the non-school related conduct of the child has a direct and negative effect upon the has a direct and negative effect upon the learning environment and/or constitutes a learning environment and/or constitutes a threat to the safety of the student and others.threat to the safety of the student and others.

Can the locker of a student be searched?Can the locker of a student be searched? Can a vehicle of a student be searched?Can a vehicle of a student be searched? Can the clothing and a body of a student be Can the clothing and a body of a student be

searched?searched? Must a search be conducted by the SRO?Must a search be conducted by the SRO? Must a parent be notified before any action?Must a parent be notified before any action? Must a parent or legal council be present when Must a parent or legal council be present when

a student is questioned by school authorities?a student is questioned by school authorities? If a search is conducted and nothing is found, If a search is conducted and nothing is found,

have any civil rights been violated?have any civil rights been violated? Must the administrator reveal a source of Must the administrator reveal a source of

information?information?

DON’T MISS THE DON’T MISS THE ANSWERS TO THESE ANSWERS TO THESE AND MANY MORE OF AND MANY MORE OF YOUR SCHOOL LAW YOUR SCHOOL LAW

QUESTIONS RIGHT QUESTIONS RIGHT AFTER THIS AFTER THIS

BREAK………BREAK………

SCHOOL SEARCHES SCHOOL SEARCHES Legal TestLegal Test

Reasonable at Reasonable at its inceptionits inception

Reasonable in Reasonable in scopescope

REASONABLE AT REASONABLE AT INCEPTIONINCEPTION

Recent credible informationRecent credible information Articulate factsArticulate facts Connect student to violationConnect student to violation Violation of law or school rulesViolation of law or school rules Search will uncover evidenceSearch will uncover evidence

REASONABLE IN SCOPEREASONABLE IN SCOPE

Not too intrusiveNot too intrusive Geared to age and sex of studentGeared to age and sex of student Geared to nature of violationGeared 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.”

H

U

N

C

H

Beyond

Reasonable

Doubt

Proof = Fact(s)

Clear &

Convincing

Preponderance

of the

evidence

Probable

CauseReasonable

suspicion

Maximum

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 Evidence of a Crime must be Reported to Law EnforcementReported to Law Enforcement

SEC. 37‑11‑29. Reporting of SEC. 37‑11‑29. Reporting of unlawful activity or violent act on unlawful activity or violent act on educational property or during educational property or during school related activity; authority school related activity; authority of law enforcement officers; of law enforcement officers; reporting of disposition of charges reporting of disposition of charges against student; liability ofagainst student; liability of school personnel participating in school personnel participating in reportingreporting..

SEC. 37‑11‑35. Penalties for SEC. 37‑11‑35. Penalties for failure to file reports pursuant failure to file reports pursuant to Sec. 37‑11‑29. to Sec. 37‑11‑29.

When a superintendent has a reasonable belief When a superintendent has a reasonable belief that an unlawful act has occurred on that an unlawful act has occurred on educational property or during a school-related educational property or during a school-related activity, a report must be made to local law activity, a report must be made to local law enforcement at once and without delay. enforcement at once and without delay. MS AG Op., Preston (April 11, 2003).MS AG Op., Preston (April 11, 2003).

Standard for searchStandard for search

LAW LAW ENFORCEMENTENFORCEMENT

PROBABLE CAUSEPROBABLE CAUSE

EDUCATOREDUCATOR

REASONABLE REASONABLE SUSPICION SUSPICION

Suspicion-Based Search – Suspicion-Based Search – Document the following:Document the following:

Rule or law violatedRule or law violated Where and what is to be searchedWhere and what is to be searched Did the student deny owning the objectDid the student deny owning the object Did the student abandon the objectDid the student abandon the object Will the search involve more than one Will the search involve more than one

studentstudent What steps taken before requesting an What steps taken before requesting an

individual searchindividual search

SEC. 37-3-81. Center for Prevention ofSchool Violence. (Division of School Safety)

““Education is not teaching people Education is not teaching people what they do not know.what they do not know.

Education is teaching people to Education is teaching people to behave as they are not already behave as they are not already

behaving.”behaving.”

(Wong)(Wong)

ProgrammaticProgrammatic

Critical elements include:Critical elements include: Sound school law and policy Sound school law and policy Policies and Procedures that are clearly Policies and Procedures that are clearly

written and effectively communicated.written and effectively communicated. Behavior expectations, classroom Behavior expectations, classroom

procedures and a well-ordered environment.procedures and a well-ordered environment.

LEGISLATIVE ACTIONSLEGISLATIVE ACTIONS

§37-13-92 Alternative School Program for §37-13-92 Alternative School Program for Compulsory School Age Students.Compulsory School Age Students.

Operate an alternative school program OR a Operate an alternative school program OR a behavior modification program.behavior modification program.

Definition/Components of a behavior Definition/Components of a behavior modification program.modification program.

Behavior Modification ProgramBehavior Modification Program

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

Behavior Modification ProgramBehavior Modification Program

MDE definition:MDE definition:

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

Behavior Modification ProgramBehavior Modification Program

The program will contain procedures and The program will contain procedures and research-based strategies that:research-based strategies that:»Include a proactive/prevention Include a proactive/prevention

component for all students;component for all students;»Include interventions designed to deal Include interventions designed to deal

with common disciplinary problems;with common disciplinary problems;»Provide an intensive intervention Provide an intensive intervention

program for low-incidence behavior program for low-incidence behavior problems;problems;

Behavior Modification Program

The program will contain procedures The program will contain procedures and research-based strategies that:and research-based strategies that:»Provide a safe and disciplined Provide a safe and disciplined

environment where teaching and environment where teaching and learning can take place; andlearning can take place; and

»Provide professional development for Provide professional development for all team members and parents;all team members and parents;

»Permit implementation of the School Permit implementation of the School Safety Plan.Safety Plan.

What doesn’t work:What doesn’t work:

Punishment-based Punishment-based policiespolicies

“ “Get-tough” Get-tough” approachapproach

Ironically, this Ironically, this approach alone has approach alone has resulted in the resulted in the creation of more creation of more negative, hostile negative, hostile school environments.school environments.

WHAT WORKS:WHAT WORKS:Change the focus to positive from Change the focus to positive from

punitive.punitive.

Effective School and Classroom Effective School and Classroom ManagementManagement

Positive Behavior SupportsPositive Behavior Supports Three-Tier Intervention ModelThree-Tier Intervention Model

Safe and Healthy School EnvironmentSafe and Healthy School Environment

-Office of Safe & Orderly Schools-Office of Safe & Orderly Schools601 359 1028601 359 1028-Office of Attorney General-Office of Attorney General601 359 3680601 359 3680-Office of School Improvement-Office of School Improvement601 359 3078 601 359 3078 -Office of Special Education-Office of Special Education601 359 3498601 359 3498