2018 Mississippi Code
Title 37 - Education
Chapter 1 - State Board of Education
§ 37-1-9. Administration of oaths of Mississippi Board of Education; examination of witnesses by board; investigative reports exempt from provisions of Mississippi Public Records Act.
(1)
(a) The Mississippi Board of Education, acting by and through its chairman or executive secretary, is authorized to administer oaths, to take or cause depositions to be taken, to subpoena persons and to issue a subpoena to compel production of books, papers, records and other documents. The board shall have the powers of a court to compel witnesses to attend and testify in all matters of investigation by the board.
(b) For noncompliance with a subpoena, the board may apply to the circuit court for an order requiring the person subpoenaed to appear before the board and to testify and produce books, papers, records and documents if so ordered. Failure to obey the order of the court may be punished as contempt.
(2)
(a) In addition to the exemptions from public access provided in Section 37-11-51, investigative reports shall be exempt from the provisions of the Mississippi Public Records Act of 1983, but the board may choose to make public all or any part of an investigative report.
(b) For the purposes of this subsection (2), “investigative report” includes documentation on which it is based and means records that are compiled by the board, the Department of Education, the Commission on Teacher and Administrator Education, Certification and Licensure and Development, or the Accreditation Commission in the process of investigating alleged misconduct that could result in disciplinary action, the disclosure of which would impede, harm or jeopardize the investigation, or that would: (i) reveal the identity of informants or witnesses; (ii) deprive a person of a right to a fair trial or an impartial adjudication; or (iii) endanger the life or safety of a public official or employee or confidential informants or witnesses.
