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Miss. Code Ann. § 37-9-71

Suspension or expulsion of pupils

Applied in 5 court decisions — leading case Clinton Mun. Separate School Dist. v. Byrd (1985)

Most recently applied in 275 So. 3d 70 - Harbour as Next Friend of T.D.H v. Tupelo Pub. Sch. Dist. (June 2019)

Codes, 1942, §§ 6282-24, 6328-25; Laws, 1953, Ex Sess, ch. 17, § 5, ch. 20, § 24; Laws, 1986, ch. 492, § 83; Laws, 2000, ch. 559, § 2; Laws, 2017, ch. 357, § 1, eff from and aft…

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The superintendent of schools and the principal of a school shall have the power to suspend or expel a pupil for good cause, including misconduct in the school or on school property, as defined in Section 37-11-29, on the road to and from school, or at any school-related activity or event when such conduct by a pupil, in the determination of the superintendent or principal, renders that pupil’s presence in the classroom a disruption to the educational environment of the school or a detriment to the best interest and welfare of the pupils and teacher of such class as a whole, or for any reason for which such pupil might be suspended, dismissed or expelled by the school board under state or federal law or any rule, regulation or policy of the local school district. For any suspension of more than ten (10) days or expulsions, a student shall have the right to a due process hearing, be represented by legal counsel, to present evidence and cross-examine witnesses presented by the district. The student and the student’s parent, legal guardian or person in custody of the student may appeal suspension of more than ten (10) days and expulsions to the school board. The standard of proof in all disciplinary proceedings shall be substantial evidence. The parent or guardian of the child shall be advised of this right to a hearing by the appropriate superintendent or principal and the proper form shall be provided for requesting such a hearing.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.