AGO 000003164.

• Case Date: November 20, 1981
• Court: Mississippi

Mississippi Attorney General Opinions 1981. AGO 000003164. November 20, 1981DOCN 000003164 DOCK 1981-245AUTH Susan L. Runnels DATE 19811120 RQNM Honorable George P. Cossar, Jr. SUBJ SCHOOLS-COUNTY BOARDS SBCD 179 TEXT Honorable George P. Cossar, Jr., AttorneyEast Tallahatchie School BoardPost Office Box 50Charleston, Mississippi 38921Re: Schools--Expulsion of StudentsDear Mr. Cossar: Attorney General Allain has received your letter of request dated September 25, 1981, and has assigned it to me for research and reply. Your inquiry states as follows: The Superintendent of East Tallahatchie School District requested me as school board attorney to write you. A fourteen year old has been indicted for murder by the grand jury and his trial is set for our December term. Is the fact that he was indicted sufficient grounds to dismiss him from school? Of course he is now out on bond and now attending school. Under Mississippi Code Annotated 37-7-301, boards of trustees of school districts are granted the authority, power and duty for the following: (h) To exclude from the schools, children of filthy or vicious habits, and children suffering from contagious or infectious diseases; * * * (o) To suspend or dismiss pupils when the best interest of the school makes it necessary, and to deny admission to or suspend or dismiss children who are found to be so mentally or emotionally abnormal that their attendance at the school is detrimental to the best interest of the child involved or to the other pupils attending the schools; Further, 37-9-71 (1972) empowers superintendents and principals of school districts "to suspend a pupil for good cause or for any reason for which such pupil might be suspended, dismissed or expelled by the board of trustees." By statute such action is reviewable by the board of trustees. Under 37-9-69 (1972) superintendents, principals and teachers are charged with holding "the pupils to strict account for disorderly conduct at school, on thee way to or from school, on the playgrounds, and during recess. A child is not entitled to attend public school regardless of his conduct, but, on the contrary is subject to reasonable rules for the government of the school as the trustees may see fit to adopt. McCleod v. State...