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Bill > HB1595


MS HB1595

MS HB1595
School district; require drug testing of truant students in Grade 6-12.


summary

Introduced
01/20/2025
In Committee
01/20/2025
Crossed Over
Passed
Dead
02/04/2025

Introduced Session

2025 Regular Session

Bill Summary

An Act To Require Drug Testing Of Public School Students In Grades Six Through Twelve Who Have Been Deemed Truant In Violation Of Allowable Absences Under The "compulsory School Attendance Law"; 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 Excessively Absent 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 37-13-91, Mississippi Code Of 1972, In Conformity To The Preceding Provisions; And For Related Purposes.

AI Summary

This bill requires drug testing for students in grades 6-12 who are deemed truant in Mississippi, with the goal of creating a safe, drug-free school environment and enabling early intervention for potential substance abuse. The legislation mandates that each school district adopt a policy requiring drug testing of students who exceed allowable absences, with the testing to be conducted by the county health department. If a student tests positive, the school principal or counselor must refer the student to the Department of Mental Health for assessment and potential substance abuse intervention. Parents will be responsible for the cost of drug testing, and students must provide a negative test result to return to the classroom. The bill includes comprehensive provisions for maintaining the confidentiality of test results, allowing students to challenge positive results with evidence of prescribed medication use, and offering counseling or referral services. School districts are prohibited from reporting positive drug test results to law enforcement, and the testing process is designed to preserve student dignity and ensure accurate, minimally invasive testing procedures. The new policy will be implemented for the 2025-2026 school year, and school districts must provide notice to students and parents at least 30 days before implementation.

Committee Categories

Education

Sponsors (1)

Last Action

Died In Committee (on 02/04/2025)

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