Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 151 - MISSISSIPPI ACCOUNTABILITY AND ADEQUATE EDUCATION PROGRAM ACT OF 1997 (§§ 37-151-1 — 37-151-215) › ADD-ON PROGRAM COSTS (§§ 37-151-79 — 37-151-85) › Section 37-151-81 - Allowance of state funds for special education, gifted education and university-based programs

(1)
For each student with a disability who is being educated by a public school district or is placed in accord with Section
37-23-77
, and whose individualized educational program (IEP) requires an extended school year in accord with the State Department of Education criteria, a sufficient amount of funds shall be allocated for the purpose of providing the educational services the student requires. The State Board of Education shall promulgate such regulations as are required to insure the equitable distribution of these funds. All costs for the extended school year for a particular summer shall be reimbursed from funds appropriated for the fiscal year beginning July 1 of that summer. If sufficient funds are not made available to finance all of the required educational services, the State Department of Education shall expend available funds in such a manner that it does not limit the availability of appropriate education to students with disabilities more severely than it does to students without disabilities.
(2)
The State Department of Education is hereby authorized to match the total funding formula funds provided in this act and other funds allocated for provision of services to students with disabilities with Division of Medicaid funds to provide language-speech services, physical therapy and occupational therapy to students with disabilities who meet State Department of Education or Division of Medicaid standards and who are Medicaid eligible. Provided further, that the State Department of Education is authorized to pay such funds as may be required as a match directly to the Division of Medicaid pursuant to an agreement to be developed between the State Department of Education and the Division of Medicaid.
(3)
When any children who are residents of the State of Mississippi and qualify under the provisions of Section
37-23-31
shall be provided a program of education, instruction and training within a school under the provisions of said section, the State Department of Education shall allocate funds equivalent to the full base student cost and all qualifying weighted adjustments as prescribed in Section
37-151-205
. The university or college shall be eligible for state and federal funds for such programs on the same basis as local school districts. The university or college shall be responsible for providing for the additional costs of the program.
(4)
A school district may provide a program of education and instruction to children ages five (5) years through twenty-one (21) years, who are resident citizens of the State of Mississippi, who cannot have their educational needs met in a regular public school program and who have not finished or graduated from high school, if those children are determined by competent medical authorities and psychologists to need placement in a state licensed facility for inpatient treatment, day treatment or residential treatment or a therapeutic group home. Such program shall operate under rules, regulations, policies and standards of school districts as determined by the State Board of Education. If a private school approved by the State Board of Education is operated as an integral part of the state licensed facility that provides for the treatment of such children, the private school within the facility may provide a program of education, instruction and training to such children by requesting the State Department of Education to allocate funds equivalent to the full base student cost and all qualifying weighted adjustments as prescribed in Section
37-151-205
for each student placed in such facility for each approved class. The facility shall be responsible for providing any additional costs of the program.
Laws, 1997, ch. 612, § 6, eff. 7/1/2002.
Amended by Laws, 2024, ch. 484, HB 4130,§ 114, eff. 7/1/2024.