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Bill > HB176

MS HB176

MS HB176
School districts; require drug testing of students suspended for disciplinary infractions.

summary

Introduced
01/07/2026
In Committee
01/07/2026
Crossed Over
Passed
Dead
02/03/2026

Introduced Session

2026 Regular Session

Bill Summary

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.

AI Summary

This bill mandates that school districts in Mississippi implement drug testing for students in grades six through twelve who are suspended for disciplinary infractions, with the goal of creating a safer, drug-free environment and preventing harm to students. Under this act, local school boards must establish policies requiring these drug tests, and parents or guardians will be responsible for the cost of the tests. If a student tests positive, they will be referred to the Department of Mental Health for assessment and potential intervention services, and the school district may offer counseling or referral information. The bill defines key terms like "drug test," "illegal drug," and "positive test result," and specifies that testing will be conducted by the county health department with strict procedures to ensure accuracy and privacy. Students will have the right to challenge positive results, including presenting evidence of proper use of prescription medication as a defense. Importantly, positive drug test results will not be reported to law enforcement or court officials, and all drug testing information will be kept confidential and separate from a student's permanent academic records. The State Board of Education, in consultation with other state health and mental health departments, will develop necessary rules and regulations, and the State Department of Education will provide a model drug testing policy for school districts. This act also amends an existing law regarding school enrollment to require proof of compliance with these new drug testing requirements for readmission after a suspension.

Committee Categories

Education

Sponsors (1)

Last Action

Died In Committee (on 02/03/2026)

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