7 MAC Pt. 3, R. 7.1
Guidelines
Cite as 7 Miss. Admin. Code Pt. 3, R. 7.1
Guidelines
1. The alternative school program is defined through written board-approved policies and
procedures that define and provide appropriate educational opportunities for the categories of
students to be served. Further, the program must meet the requirements of Mississippi Code
Section 37-13-92.
2. The district has and follows written procedures which meet the federal guidelines outlined in
Goss vs Lopez due process requirements for removal of a student from school for
disciplinary reasons.
3. The curriculum and instructional methodology address the needs of students through an
Individual Instructional Plan which emphasizes academic performance behavior
modification, functional skills, and career education.
4. The student/teacher ratio in each classroom is no greater than 15:1 with a process for
approving exceptions by the State Department of Education.
5. Adequate instructional staff is assigned to ensure the continuing education of students and
classroom supervision at all times.
6. Certified teaching staff and other staff assigned to the alternative program have adequate
credentials to achieve the stated mission of the program. Further, students assigned for a
grading period or longer and receiving Carnegie unit credits will receive instruction from
appropriately certified teachers.
7. When the alternative school program is housed in a free standing facility separate from the
regular school program, there is a certified administrator assigned to supervise the program.
8. When the alternative school program is housed in an existing school, the safety of regular
staff and students will be insured by appropriate supervision and isolation as necessary.
When an alternative program is operated by two or more school districts, pursuant to a
contract approved by the State Department of Education, the contract will indicate which
school district will house and which district will operate the alternative education program.
9. Rules and regulations which address the unique needs of alternative program students have
been developed and disseminated to parents and students.
10. The alternative school facilities are clean, safe and functional, and commensurate with
facilities provided to other students by the local school district.
11. The school district is in compliance with applicable laws and State Department of Education
guidelines for reporting information relating to the alternative program.
12. Cumulative records on each student placed in an alternative program remain at and are
maintained by the sending school.
13. Personnel assigned to an alternative program will report any criminal activity or other
unlawful activity committed on school property to the appropriate authority.
14. Students enrolled in alternative programs/schools, including those provided through
contractual agreements among multidistrict will participate in the Mississippi Assessment
System at sites determined by school officials and in accordance with established guidelines
regarding student grade levels and eligibility. Test results for these students will be
reported in the home school district.
15. Evaluation of the student's progress will be conducted at regular intervals according to
district policy and the appropriate records will be maintained and subject to the State
Department of Education review.
16. The Individual Instruction Plan will provide full-day attendance with a rigorous workload
and minimal non-instructional time.
17. Districts may select programs from options provided by the local school district, the
Mississippi Department of Human Services (Division of Youth Services) or the youth court,
and/or transfer to a community-based alternative school.
18. Alternative programs will provide:
a. a motivated and culturally diverse staff
b. counseling for parents and students
c. administrative and community support for the program.
19. The district will complete an annual program review and evaluation as directed by the
State Department of Education.
20. No school district is required to place a child returning from out-of-home placement, in the
mental health, juvenile justice or foster care system in an alternative school program.
Placement of a child in the alternative school shall be done consistently, and for students
identified under the Individuals with Disabilities Education Act (IDEA), shall adhere to the
requirements of the Individuals with Disabilities Education Improvement Act of 2004. If a
school district chooses to place a child in alternative school the district will make an
individual assessment and evaluation of that child in the following time periods:
a. Five (5) days for a child transitioning from a group home, mental health care system,
and/or the custody of the Department of Human Services, Division of Youth and Family
Services custody;
b. Ten (10) days for a child transitioning from a dispositional placement order by a youth
court pursuant to Section 43-21-605; and
c. An individualized assessment for youth transitioning from out-of-home placement to the
alternative school shall include:
i.
A strength needs assessment.
ii.
A determination of the child's academic strengths and deficiencies.
iii.
A proposed plan for transitioning the child to a regular education placement at the
earliest possible date (37-13-92).
21. School districts that enter into a contractual agreement with a private entity to provide
services to students placed in an alternative setting must ensure compliance with federal and
state laws and State Board Policies governing alternative education.
22. Alternative school placement shall be for, but not limited to, the following categories of
compulsory school age students;
a. whose presence in the classroom is a disruption to the educational environment of the
school or a detriment to the best interest and welfare of the students and teacher;
b. who has been suspended for more than ten (10) days or expelled from school, except for
any student expelled for possession of a weapon or other felonious acts;
c. who are referred by the dispositive order of a chancellor or youth court judge, with the
consent of the school district’s superintendent; and
d. who has been referred by the parent, legal guardian or custodian of such child due to
disciplinary problems (37-13-92).
23. The removal of a student to an alternative education program shall include a process of
educational review to develop the student’s individual instruction plan.
24. Alternative school placement shall be determined individually on a case-by-case basis and
applied consistently.
25. School districts are without discretion to establish categories or classes of offenses for which
the penalty is total removal from the school setting. Thus, unless a child has been suspended
or expelled from school for possession of a weapon or other felonious conduct, the student
must be assigned to the alternative school for that school district. The district is cautioned
not to have policies that remove students from the traditional school setting to an alternative
school setting for minor infractions. If the acts of a student, although not rising to the level
of a felony, are such that the student poses a threat to the safety of himself or others or will
disrupt the educational process at the alternative school, the school district is not required to
admit the student into the alternative school.