| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Education By: Representative Scott House Bill 195 AN ACT TO REQUIRE DRUG TESTING OF PUBLIC SCHOOL STUDENTS IN GRADES SIX THROUGH TWELVE WHO HAVE BEEN SUSPENDED; TO DECLARE LEGISLATIVE FINDINGS RELATING TO STUDENT DRUG USAGE AND THE PURPOSES OF THIS ACT; TO DEFINE CERTAIN TERMS USED UNDER THE ACT; TO REQUIRE EACH LOCAL SCHOOL BOARD TO ADOPT A POLICY REQUIRING DRUG TESTING STUDENTS IN GRADES SIX THROUGH TWELVE WHO ARE SUSPENDED FOR DISCIPLINARY INFRACTIONS AND TO PRESCRIBE CERTAIN COMPONENTS THAT MUST BE IN THE POLICY, INCLUDING A PROVISION REQUIRING A STUDENT'S PARENT TO PAY THE COST OF THE DRUG TEST; TO PROVIDE FOR THE ACTIONS TO BE TAKEN WHEN A STUDENT'S DRUG TEST IS POSITIVE; TO PROVIDE THAT STUDENT DRUG TESTS WILL BE ADMINISTERED BY THE COUNTY HEALTH DEPARTMENT AND TO PRESCRIBE THE MANNER IN WHICH THE TESTING MUST BE PERFORMED; TO PROVIDE FOR THE DISCLOSURE OF POSITIVE TEST RESULTS AND TO REQUIRE INFORMATION RELATING TO A STUDENT'S DRUG TEST TO BE KEPT CONFIDENTIAL AND SEPARATE FROM THE STUDENT'S CUMULATIVE FOLDER; TO AUTHORIZE A STUDENT TO PRESENT EVIDENCE OF THE PROPER USE OF A PRESCRIPTION MEDICATION AS AN AFFIRMATIVE DEFENSE TO A POSITIVE DRUG TEST; TO AUTHORIZE SCHOOL DISTRICTS TO OFFER IN-SCHOOL COUNSELING OR REFERRAL INFORMATION FOR STUDENTS TESTING POSITIVE FOR DRUGS; TO REQUIRE THE STATE BOARD OF EDUCATION, IN CONSULTATION WITH THE STATE BOARD OF HEALTH AND DEPARTMENT OF MENTAL HEALTH, TO ADOPT RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PREPARE A MODEL DRUG TESTING POLICY FOR SCHOOL DISTRICTS; TO AMEND SECTION 37-15-9, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) The Legislature finds that: (a) Many school districts within the state have a problem with students who use drugs and alcohol; (b) Substance use is a serious threat to student health and safety and is a disruptive influence in the school setting; (c) Preventing drug and illegal alcohol use by students is a compelling educational and community interest in the State of Mississippi; and (d) Student drug testing program will create an atmosphere that deters unruly behavior that warrants disciplinary action and the use of drugs by students, as well as a means to detect and inform parents of their child's substance involvement, allowing for early intervention. (2) The purposes of this act are to create a safe, drug free environment for students and to protect students by seeking to prevent them from harming themselves and others as a result of the consumption of harmful substances. SECTION 2. As used in this act, the following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise: (a) "Confirmation test" means a second drug test on the same specimen that uses an alternate method of equal or greater sensitivity than that used in a previous drug test, used to substantiate the results of the prior drug test on the specimen. (b) "Drug" means an illegal drug or a prescription or nonprescription medication. (c) "Drug test" means a chemical test administered for the purpose of determining the presence or absence of a drug or metabolites of a drug in a person's bodily fluids. (d) "Illegal drug" means any substance, including alcohol that is consumed by a person under the age of twenty-one (21) years, having psychological and/or physiological effects on a human being and that is not a prescription or nonprescription medication, including controlled dangerous substances and controlled substance analogs or volatile substances that produce the psychological and/or physiological effects of a controlled dangerous substance through deliberate introduction into the body. (e) "Initial test" means an initial drug test to determine the presence or absence of drugs or their metabolites in specimens. (f) "Positive test result" means a finding of the presence of drugs or the metabolites of drugs in the specimen tested. (g) "Prescription" or "nonprescription medication" means a drug prescribed for use by a duly licensed physician, dentist or other medical practitioner licensed to issue prescriptions or a drug that is authorized under federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments or injuries. (h) "Specimen" means a tissue or product of the human body chemically capable of revealing the presence of drugs in the human body. SECTION 3. (1) Before the commencement of the 2025-2026 school year, the school board of each school district shall adopt a policy requiring drug testing of all students enrolled in Grades 6 through 12 who have been penalized with in-school or out-of-school suspension as a result of disruptive or violent behavior in violation of the district's code of student conduct. The policy shall provide: (a) That the suspended student shall be drug tested and the results of the test provided within seventy-two (72) hours of the suspension be effectuated. The student must present evidence of having submitted to a drug test that resulted in a negative screening before the student is permitted to return to the classroom; and (b) That if testing of the suspended student results in a positive screening, the school principal or licensed professional counselor shall immediately refer the student to the Department of Mental Health for Assessment, which shall make recommendations for mental health and educational services and substance abuse intervention, if determined to be necessary. (2) A copy of the policy must be provided to each student and the student's parents, guardian or custodian no less than thirty (30) days before the policy's implementation. Each student and the student's parent, guardian or custodian must sign a statement verifying that they have been given notice of the drug testing policy. Any student who fails to comply with the requirements of this section may not be readmitted to the school until proof of compliance is presented to the principal of the student's school. (2) A school district's drug testing policy must comply with this act and any rules and regulations that the State Board of Education may adopt regarding drug testing policies. A policy must include, but not necessarily be limited to, the following provisions: (a) The location and address of the county health department to which a student selected for testing must report; (b) Whether or not a confirmation test will be required or permitted if a student's initial test is positive; (c) A statement that the student's parent, guardian or custodian is responsible for the cost of the initial test and any confirmation test that may be conducted; (d) A description of the help available through the school district, the Mississippi Department of Mental Health and other referral sources for students who have positive test results; (e) An explanation as to whether or not test results are cumulative throughout a student's tenure in the school district or if test results from previous school years are disregarded in subsequent years; (f) A description of additional consequences to a suspended student who refuses to submit to a drug test, including whether or not a refusal may be construed as a drug-positive test; (g) A clear description of who will have access of drug testing results and the manner by which confidentiality will be maintained; (h) The manner in which a parent, guardian or custodian will be informed of a child's positive test result; and (i) The manner in which a student may challenge positive test results, including a mechanism for students to present evidence of the use of a prescription medication that may have triggered a positive test result. SECTION 4. (1) Whenever a school official receives notification of a confirmed positive test result, the tested student and the student's parents, guardian or custodian must be informed in writing of the consequences of the positive test and the options available to them. The information provided to the student and the student's parents, guardian or custodian must include what drug, including alcohol, was discovered. When requested by the parents, guardian or custodian, copies of all analytical results must be made available from the county health department. (2) Within seventy-two (72) hours of receiving the test results, a student who tests positive may request a re-test of the original specimen, at the student's cost, by an independent testing facility. (3) A student who receives a positive result on a confirmation test may submit, no later than five (5) school days after receiving the results, information to the school explaining the test results and reasons why the results do not constitute a violation of the school district's drug testing policy. (4) All student specimens testing negative on the initial test or on the confirmation test must be reported as negative. (5) Notwithstanding any other provision of law, a school district shall not report positive drug test results to law enforcement authorities or court officials. SECTION 5. (1) All testing for drugs under this act must be performed in accordance with the following procedures: (a) The collection of specimens must be performed at the county health department under such conditions that the individual dignity of the student being testing is preserved to the extent practicable; (b) Specimens must be collected in a manner reasonably calculated to prevent substitution of specimens and interference with the collection or testing of specimens; (c) Specimen collection must be documented by chain of custody procedures, including labeling of specimen containers to reasonably preclude the likelihood of erroneous identification of test results and other chain of custody protections; (d) Specimen handling must be performed in a reasonable manner to preclude specimen contamination or adulteration; (e) The initial test must be in the form of the urinalysis dipstick; and (f) The type of any subsequent confirmation test must be selected by the student from a list of approved tests made available to the student by the school district or county health department. (2) A drug test requested by a school under this act must occur immediately before, during or immediately after the regular school day. (3) Testing for drugs under this act may be only for the presence of illegal drugs, legal drugs used illegally or alcohol in the specimen. (4) A confirmation test must use a method of equal or greater reliability than the urinalysis dipstick used in the initial test. If an initial test is negative, there may be no requirement for a confirmation test. (5) Tests must be conducted by properly trained persons under circumstances that ensure the integrity, validity and accuracy of the test results but are minimally intrusive and provide maximum privacy to the tested student. Specimens confirmed as positive must be retained for possible retesting or reanalysis. SECTION 6. (1) A county health department shall disclose only to school authorities test result data regarding the presence or absence of a drug or alcohol or their metabolites in a specimen tested. Positive test results from a student drug test may not be used as evidence in a criminal action against the school district or student tested. (2) A student must be given access to information in the student's personal file relating to positive test result reports and other information acquired in the drug testing process, including conclusions drawn from and actions taken based on the reports and other acquired information. (3) Information resulting from a drug test conducted pursuant to this act must be kept confidential and may not be used for law enforcement purposes; however, the information may be utilized for disciplinary, statistical or research purposes. (4) Test result reports and other information acquired in the drug testing process must be deemed to be private and confidential information and may not be disclosed by school authorities or the county health department to another public or nonpublic school or to a third party individual, governmental agency or private organization without the written consent of the student and the student's parents, guardian or custodian. (5) Each school shall maintain drug testing records separate from the students' permanent records and cumulative folders. The school may retain in a student's drug testing records information indicating only the following: (a) Evidence of the results of a student's drug test presented to the school before the student's enrollment; (b) The date of the drug test; (c) The identity of the person performing the drug test; and (d) Whether the drug test finding was positive or negative. SECTION 7. Any student who receives a positive test result may present through clear and convincing evidence, as an affirmative defense, that the use of a drug was prescribed by a licensed medical practitioner who is familiar with the student's medical history and that the drug was used in accordance with school district policies. SECTION 8. A school district, in conjunction with a student's parents, guardian or custodian, may offer in-school counseling for any student whose test results are positive or alternatively, may provide referral information for the purpose of obtaining drug or other counseling as appropriate. Referral information must include information on inpatient, outpatient and community-based drug and alcohol treatment programs. SECTION 9. The State Board of Education, in consultation with the State Board of Health and Department of Mental Health, shall adopt any rules and regulations that may be necessary to carry out this act. The State Department of Education shall prepare a model policy for use by school districts that conforms to the requirements prescribed for drug testing policies under Section 3 of this act. SECTION 10. Section 37-15-9, Mississippi Code of 1972, is amended as follows: 37-15-9. (1) Except as provided in subsection (2) and subject to the provisions of subsections (3) and (4) of this section, no child shall be enrolled or admitted to any kindergarten * * *which that is a part of a public school during any school year unless * * *such that child will reach his or her fifth birthday on or before September 1 of * * *said the school year, and no child shall be enrolled or admitted to the first grade in any public school during any school year unless * * *such that child will reach his or her sixth birthday on or before September 1 of * * *said the school year. No pupil shall be permanently enrolled in a public school in the State of Mississippi who formerly was enrolled in another public or private school within the state until the cumulative record of the pupil * * *shall have has been received from the school from which he transferred. * * *Should such If the cumulative record * * *have has become lost or destroyed, then it shall be the duty of the superintendent or principal of the school where the pupil last attended school to initiate a new record. (2) Subject to the provisions of subsections (3) and (4) of this section, any child who transfers from an out-of-state public or private school in which that state's law provides for a first-grade or kindergarten enrollment date * * *subsequent to after September 1, shall be allowed to enroll in the public schools of Mississippi, at the same grade level as their prior out-of-state enrollment, if: (a) The parent, legal guardian or custodian of * * *such the child was a legal resident of the state from which the child is transferring; (b) The out-of-state school from which the child is transferring is duly accredited by that state's appropriate accrediting authority; (c) * * *Such The child was legally enrolled in a public or private school for a minimum of four (4) weeks in the previous state; and (d) The superintendent of schools in the applicable Mississippi school district or the principal of a charter school, as the case may be, has determined that the child was making satisfactory educational progress in the previous state. (3) When any child applies for admission or enrollment in any public school in the state, the parent, guardian or child, in the absence of an accompanying parent or guardian, shall indicate on the school registration form if the enrolling child has been expelled from any public or private school or is currently a party to an expulsion proceeding. If it is determined from the child's cumulative record or application for admission or enrollment that the child has been expelled, the school district or charter school may deny the student admission and enrollment until the superintendent of the school, or his or her designee, or principal of the charter school, as the case may be, has reviewed the child's cumulative record and determined that the child has participated in successful rehabilitative efforts including, but not limited to, progress in an alternative school or similar program. If the child is a party to an expulsion proceeding, the child may be admitted to a public school pending final disposition of the expulsion proceeding. If the expulsion proceeding results in the expulsion of the child, the public school may revoke * * *such the admission to school. If the child was expelled or is a party to an expulsion proceeding for an act involving violence, weapons, alcohol, illegal drugs or other activity that may result in expulsion, the school district or charter school shall not be required to grant admission or enrollment to the child before one (1) calendar year after the date of the expulsion. (4) No child in Grade 6 or higher in a public school who has been subjected to disciplinary action for a violation of the district's code of student conduct or other prohibited or illegal acts on a school campus, which result in an in-school or out-of-school suspension, shall be readmitted to the school until the child has submitted proof that the child has complied with the drug testing requirements prescribed under Section 3 of this act. SECTION 11. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Education |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representative Scott |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 195 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO REQUIRE DRUG TESTING OF PUBLIC SCHOOL STUDENTS IN GRADES SIX THROUGH TWELVE WHO HAVE BEEN SUSPENDED; TO DECLARE LEGISLATIVE FINDINGS RELATING TO STUDENT DRUG USAGE AND THE PURPOSES OF THIS ACT; TO DEFINE CERTAIN TERMS USED UNDER THE ACT; TO REQUIRE EACH LOCAL SCHOOL BOARD TO ADOPT A POLICY REQUIRING DRUG TESTING STUDENTS IN GRADES SIX THROUGH TWELVE WHO ARE SUSPENDED FOR DISCIPLINARY INFRACTIONS AND TO PRESCRIBE CERTAIN COMPONENTS THAT MUST BE IN THE POLICY, INCLUDING A PROVISION REQUIRING A STUDENT'S PARENT TO PAY THE COST OF THE DRUG TEST; TO PROVIDE FOR THE ACTIONS TO BE TAKEN WHEN A STUDENT'S DRUG TEST IS POSITIVE; TO PROVIDE THAT STUDENT DRUG TESTS WILL BE ADMINISTERED BY THE COUNTY HEALTH DEPARTMENT AND TO PRESCRIBE THE MANNER IN WHICH THE TESTING MUST BE PERFORMED; TO PROVIDE FOR THE DISCLOSURE OF POSITIVE TEST RESULTS AND TO REQUIRE INFORMATION RELATING TO A STUDENT'S DRUG TEST TO BE KEPT CONFIDENTIAL AND SEPARATE FROM THE STUDENT'S CUMULATIVE FOLDER; TO AUTHORIZE A STUDENT TO PRESENT EVIDENCE OF THE PROPER USE OF A PRESCRIPTION MEDICATION AS AN AFFIRMATIVE DEFENSE TO A POSITIVE DRUG TEST; TO AUTHORIZE SCHOOL DISTRICTS TO OFFER IN-SCHOOL COUNSELING OR REFERRAL INFORMATION FOR STUDENTS TESTING POSITIVE FOR DRUGS; TO REQUIRE THE STATE BOARD OF EDUCATION, IN CONSULTATION WITH THE STATE BOARD OF HEALTH AND DEPARTMENT OF MENTAL HEALTH, TO ADOPT RULES AND REGULATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PREPARE A MODEL DRUG TESTING POLICY FOR SCHOOL DISTRICTS; TO AMEND SECTION 37-15-9, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. (1) The Legislature finds that: |
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| 18 | 18 | | |
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| 19 | 19 | | (a) Many school districts within the state have a problem with students who use drugs and alcohol; |
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| 20 | 20 | | |
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| 21 | 21 | | (b) Substance use is a serious threat to student health and safety and is a disruptive influence in the school setting; (c) Preventing drug and illegal alcohol use by students is a compelling educational and community interest in the State of Mississippi; and |
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| 22 | 22 | | |
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| 23 | 23 | | (d) Student drug testing program will create an atmosphere that deters unruly behavior that warrants disciplinary action and the use of drugs by students, as well as a means to detect and inform parents of their child's substance involvement, allowing for early intervention. |
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| 24 | 24 | | |
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| 25 | 25 | | (2) The purposes of this act are to create a safe, drug free environment for students and to protect students by seeking to prevent them from harming themselves and others as a result of the consumption of harmful substances. |
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| 26 | 26 | | |
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| 27 | 27 | | SECTION 2. As used in this act, the following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise: |
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| 28 | 28 | | |
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| 29 | 29 | | (a) "Confirmation test" means a second drug test on the same specimen that uses an alternate method of equal or greater sensitivity than that used in a previous drug test, used to substantiate the results of the prior drug test on the specimen. |
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| 30 | 30 | | |
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| 31 | 31 | | (b) "Drug" means an illegal drug or a prescription or nonprescription medication. |
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| 32 | 32 | | |
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| 33 | 33 | | (c) "Drug test" means a chemical test administered for the purpose of determining the presence or absence of a drug or metabolites of a drug in a person's bodily fluids. |
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| 34 | 34 | | |
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| 35 | 35 | | (d) "Illegal drug" means any substance, including alcohol that is consumed by a person under the age of twenty-one (21) years, having psychological and/or physiological effects on a human being and that is not a prescription or nonprescription medication, including controlled dangerous substances and controlled substance analogs or volatile substances that produce the psychological and/or physiological effects of a controlled dangerous substance through deliberate introduction into the body. |
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| 36 | 36 | | |
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| 37 | 37 | | (e) "Initial test" means an initial drug test to determine the presence or absence of drugs or their metabolites in specimens. |
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| 38 | 38 | | |
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| 39 | 39 | | (f) "Positive test result" means a finding of the presence of drugs or the metabolites of drugs in the specimen tested. |
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| 40 | 40 | | |
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| 41 | 41 | | (g) "Prescription" or "nonprescription medication" means a drug prescribed for use by a duly licensed physician, dentist or other medical practitioner licensed to issue prescriptions or a drug that is authorized under federal or state law for general distribution and use without a prescription in the treatment of human diseases, ailments or injuries. |
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| 42 | 42 | | |
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| 43 | 43 | | (h) "Specimen" means a tissue or product of the human body chemically capable of revealing the presence of drugs in the human body. |
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| 44 | 44 | | |
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| 45 | 45 | | SECTION 3. (1) Before the commencement of the 2025-2026 school year, the school board of each school district shall adopt a policy requiring drug testing of all students enrolled in Grades 6 through 12 who have been penalized with in-school or out-of-school suspension as a result of disruptive or violent behavior in violation of the district's code of student conduct. The policy shall provide: |
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| 46 | 46 | | |
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| 47 | 47 | | (a) That the suspended student shall be drug tested and the results of the test provided within seventy-two (72) hours of the suspension be effectuated. The student must present evidence of having submitted to a drug test that resulted in a negative screening before the student is permitted to return to the classroom; and |
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| 48 | 48 | | |
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| 49 | 49 | | (b) That if testing of the suspended student results in a positive screening, the school principal or licensed professional counselor shall immediately refer the student to the Department of Mental Health for Assessment, which shall make recommendations for mental health and educational services and substance abuse intervention, if determined to be necessary. |
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| 50 | 50 | | |
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| 51 | 51 | | (2) A copy of the policy must be provided to each student and the student's parents, guardian or custodian no less than thirty (30) days before the policy's implementation. Each student and the student's parent, guardian or custodian must sign a statement verifying that they have been given notice of the drug testing policy. Any student who fails to comply with the requirements of this section may not be readmitted to the school until proof of compliance is presented to the principal of the student's school. |
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| 52 | 52 | | |
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| 53 | 53 | | (2) A school district's drug testing policy must comply with this act and any rules and regulations that the State Board of Education may adopt regarding drug testing policies. A policy must include, but not necessarily be limited to, the following provisions: |
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| 54 | 54 | | |
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| 55 | 55 | | (a) The location and address of the county health department to which a student selected for testing must report; |
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| 56 | 56 | | |
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| 57 | 57 | | (b) Whether or not a confirmation test will be required or permitted if a student's initial test is positive; |
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| 58 | 58 | | |
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| 59 | 59 | | (c) A statement that the student's parent, guardian or custodian is responsible for the cost of the initial test and any confirmation test that may be conducted; |
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| 60 | 60 | | |
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| 61 | 61 | | (d) A description of the help available through the school district, the Mississippi Department of Mental Health and other referral sources for students who have positive test results; |
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| 62 | 62 | | |
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| 63 | 63 | | (e) An explanation as to whether or not test results are cumulative throughout a student's tenure in the school district or if test results from previous school years are disregarded in subsequent years; |
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| 64 | 64 | | |
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| 65 | 65 | | (f) A description of additional consequences to a suspended student who refuses to submit to a drug test, including whether or not a refusal may be construed as a drug-positive test; |
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| 66 | 66 | | |
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| 67 | 67 | | (g) A clear description of who will have access of drug testing results and the manner by which confidentiality will be maintained; |
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| 68 | 68 | | |
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| 69 | 69 | | (h) The manner in which a parent, guardian or custodian will be informed of a child's positive test result; and |
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| 70 | 70 | | |
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| 71 | 71 | | (i) The manner in which a student may challenge positive test results, including a mechanism for students to present evidence of the use of a prescription medication that may have triggered a positive test result. |
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| 72 | 72 | | |
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| 73 | 73 | | SECTION 4. (1) Whenever a school official receives notification of a confirmed positive test result, the tested student and the student's parents, guardian or custodian must be informed in writing of the consequences of the positive test and the options available to them. The information provided to the student and the student's parents, guardian or custodian must include what drug, including alcohol, was discovered. When requested by the parents, guardian or custodian, copies of all analytical results must be made available from the county health department. |
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| 74 | 74 | | |
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| 75 | 75 | | (2) Within seventy-two (72) hours of receiving the test results, a student who tests positive may request a re-test of the original specimen, at the student's cost, by an independent testing facility. |
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| 76 | 76 | | |
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| 77 | 77 | | (3) A student who receives a positive result on a confirmation test may submit, no later than five (5) school days after receiving the results, information to the school explaining the test results and reasons why the results do not constitute a violation of the school district's drug testing policy. |
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| 78 | 78 | | |
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| 79 | 79 | | (4) All student specimens testing negative on the initial test or on the confirmation test must be reported as negative. |
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| 80 | 80 | | |
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| 81 | 81 | | (5) Notwithstanding any other provision of law, a school district shall not report positive drug test results to law enforcement authorities or court officials. |
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| 82 | 82 | | |
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| 83 | 83 | | SECTION 5. (1) All testing for drugs under this act must be performed in accordance with the following procedures: |
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| 84 | 84 | | |
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| 85 | 85 | | (a) The collection of specimens must be performed at the county health department under such conditions that the individual dignity of the student being testing is preserved to the extent practicable; |
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| 86 | 86 | | |
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| 87 | 87 | | (b) Specimens must be collected in a manner reasonably calculated to prevent substitution of specimens and interference with the collection or testing of specimens; |
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| 88 | 88 | | |
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| 89 | 89 | | (c) Specimen collection must be documented by chain of custody procedures, including labeling of specimen containers to reasonably preclude the likelihood of erroneous identification of test results and other chain of custody protections; |
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| 90 | 90 | | |
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| 91 | 91 | | (d) Specimen handling must be performed in a reasonable manner to preclude specimen contamination or adulteration; |
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| 92 | 92 | | |
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| 93 | 93 | | (e) The initial test must be in the form of the urinalysis dipstick; and |
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| 94 | 94 | | |
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| 95 | 95 | | (f) The type of any subsequent confirmation test must be selected by the student from a list of approved tests made available to the student by the school district or county health department. |
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| 96 | 96 | | |
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| 97 | 97 | | (2) A drug test requested by a school under this act must occur immediately before, during or immediately after the regular school day. |
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| 98 | 98 | | |
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| 99 | 99 | | (3) Testing for drugs under this act may be only for the presence of illegal drugs, legal drugs used illegally or alcohol in the specimen. |
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| 100 | 100 | | |
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| 101 | 101 | | (4) A confirmation test must use a method of equal or greater reliability than the urinalysis dipstick used in the initial test. If an initial test is negative, there may be no requirement for a confirmation test. |
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| 102 | 102 | | |
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| 103 | 103 | | (5) Tests must be conducted by properly trained persons under circumstances that ensure the integrity, validity and accuracy of the test results but are minimally intrusive and provide maximum privacy to the tested student. Specimens confirmed as positive must be retained for possible retesting or reanalysis. |
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| 104 | 104 | | |
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| 105 | 105 | | SECTION 6. (1) A county health department shall disclose only to school authorities test result data regarding the presence or absence of a drug or alcohol or their metabolites in a specimen tested. Positive test results from a student drug test may not be used as evidence in a criminal action against the school district or student tested. |
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| 106 | 106 | | |
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| 107 | 107 | | (2) A student must be given access to information in the student's personal file relating to positive test result reports and other information acquired in the drug testing process, including conclusions drawn from and actions taken based on the reports and other acquired information. |
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| 108 | 108 | | |
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| 109 | 109 | | (3) Information resulting from a drug test conducted pursuant to this act must be kept confidential and may not be used for law enforcement purposes; however, the information may be utilized for disciplinary, statistical or research purposes. |
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| 110 | 110 | | |
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| 111 | 111 | | (4) Test result reports and other information acquired in the drug testing process must be deemed to be private and confidential information and may not be disclosed by school authorities or the county health department to another public or nonpublic school or to a third party individual, governmental agency or private organization without the written consent of the student and the student's parents, guardian or custodian. |
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| 112 | 112 | | |
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| 113 | 113 | | (5) Each school shall maintain drug testing records separate from the students' permanent records and cumulative folders. The school may retain in a student's drug testing records information indicating only the following: |
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| 114 | 114 | | |
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| 115 | 115 | | (a) Evidence of the results of a student's drug test presented to the school before the student's enrollment; |
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| 116 | 116 | | |
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| 117 | 117 | | (b) The date of the drug test; |
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| 118 | 118 | | |
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| 119 | 119 | | (c) The identity of the person performing the drug test; and |
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| 120 | 120 | | |
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| 121 | 121 | | (d) Whether the drug test finding was positive or negative. |
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| 122 | 122 | | |
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| 123 | 123 | | SECTION 7. Any student who receives a positive test result may present through clear and convincing evidence, as an affirmative defense, that the use of a drug was prescribed by a licensed medical practitioner who is familiar with the student's medical history and that the drug was used in accordance with school district policies. |
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| 124 | 124 | | |
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| 125 | 125 | | SECTION 8. A school district, in conjunction with a student's parents, guardian or custodian, may offer in-school counseling for any student whose test results are positive or alternatively, may provide referral information for the purpose of obtaining drug or other counseling as appropriate. Referral information must include information on inpatient, outpatient and community-based drug and alcohol treatment programs. |
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| 126 | 126 | | |
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| 127 | 127 | | SECTION 9. The State Board of Education, in consultation with the State Board of Health and Department of Mental Health, shall adopt any rules and regulations that may be necessary to carry out this act. The State Department of Education shall prepare a model policy for use by school districts that conforms to the requirements prescribed for drug testing policies under Section 3 of this act. |
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| 128 | 128 | | |
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| 129 | 129 | | SECTION 10. Section 37-15-9, Mississippi Code of 1972, is amended as follows: |
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| 130 | 130 | | |
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| 131 | 131 | | 37-15-9. (1) Except as provided in subsection (2) and subject to the provisions of subsections (3) and (4) of this section, no child shall be enrolled or admitted to any kindergarten * * *which that is a part of a public school during any school year unless * * *such that child will reach his or her fifth birthday on or before September 1 of * * *said the school year, and no child shall be enrolled or admitted to the first grade in any public school during any school year unless * * *such that child will reach his or her sixth birthday on or before September 1 of * * *said the school year. No pupil shall be permanently enrolled in a public school in the State of Mississippi who formerly was enrolled in another public or private school within the state until the cumulative record of the pupil * * *shall have has been received from the school from which he transferred. * * *Should such If the cumulative record * * *have has become lost or destroyed, then it shall be the duty of the superintendent or principal of the school where the pupil last attended school to initiate a new record. |
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| 132 | 132 | | |
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| 133 | 133 | | (2) Subject to the provisions of subsections (3) and (4) of this section, any child who transfers from an out-of-state public or private school in which that state's law provides for a first-grade or kindergarten enrollment date * * *subsequent to after September 1, shall be allowed to enroll in the public schools of Mississippi, at the same grade level as their prior out-of-state enrollment, if: |
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| 134 | 134 | | |
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| 135 | 135 | | (a) The parent, legal guardian or custodian of * * *such the child was a legal resident of the state from which the child is transferring; |
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| 136 | 136 | | |
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| 137 | 137 | | (b) The out-of-state school from which the child is transferring is duly accredited by that state's appropriate accrediting authority; |
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| 138 | 138 | | |
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| 139 | 139 | | (c) * * *Such The child was legally enrolled in a public or private school for a minimum of four (4) weeks in the previous state; and |
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| 140 | 140 | | |
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| 141 | 141 | | (d) The superintendent of schools in the applicable Mississippi school district or the principal of a charter school, as the case may be, has determined that the child was making satisfactory educational progress in the previous state. |
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| 142 | 142 | | |
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| 143 | 143 | | (3) When any child applies for admission or enrollment in any public school in the state, the parent, guardian or child, in the absence of an accompanying parent or guardian, shall indicate on the school registration form if the enrolling child has been expelled from any public or private school or is currently a party to an expulsion proceeding. If it is determined from the child's cumulative record or application for admission or enrollment that the child has been expelled, the school district or charter school may deny the student admission and enrollment until the superintendent of the school, or his or her designee, or principal of the charter school, as the case may be, has reviewed the child's cumulative record and determined that the child has participated in successful rehabilitative efforts including, but not limited to, progress in an alternative school or similar program. If the child is a party to an expulsion proceeding, the child may be admitted to a public school pending final disposition of the expulsion proceeding. If the expulsion proceeding results in the expulsion of the child, the public school may revoke * * *such the admission to school. If the child was expelled or is a party to an expulsion proceeding for an act involving violence, weapons, alcohol, illegal drugs or other activity that may result in expulsion, the school district or charter school shall not be required to grant admission or enrollment to the child before one (1) calendar year after the date of the expulsion. |
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| 144 | 144 | | |
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| 145 | 145 | | (4) No child in Grade 6 or higher in a public school who has been subjected to disciplinary action for a violation of the district's code of student conduct or other prohibited or illegal acts on a school campus, which result in an in-school or out-of-school suspension, shall be readmitted to the school until the child has submitted proof that the child has complied with the drug testing requirements prescribed under Section 3 of this act. |
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| 146 | 146 | | |
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| 147 | 147 | | SECTION 11. This act shall take effect and be in force from and after July 1, 2025. |
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