reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › FINANCIAL ASSISTANCE TO EXCEPTIONAL CHILDREN ATTENDING PRIVATE OR PAROCHIAL SCHOOLS (§§ 37-23-61 — 37-23-75) › Section 37-23-61 - "Child" defined

As used in Sections 37-23-61 through
37-23-75
, the word "child" shall mean any child who cannot pursue all regular classwork due to reasons of defective hearing, vision, speech, intellectual disability, or other mental or physical conditions as determined by competent medical authorities and psychologists. Those medical authorities and psychologists shall be approved by the State Department of Education.
Codes, 1942, § 6631-54; Laws, 1971, ch. 304, § 4; Laws, 1978, ch. 461, § 7; Laws, 2010, ch. 476, § 12, eff. 4/1/2010.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › FINANCIAL ASSISTANCE TO EXCEPTIONAL CHILDREN ATTENDING PRIVATE OR PAROCHIAL SCHOOLS (§§ 37-23-61 — 37-23-75) › Section 37-23-63 - Eligibility to receive state and federal financial assistance

Every child who is a resident citizen of the State of Mississippi under twenty-one (21) years of age, who cannot pursue all regular class work due to reasons of defective hearing, vision, speech, intellectual disability or other mental or physical conditions as determined by competent medical authorities and psychologists, who has not finished or graduated from high school, and who is in attendance in a private school, parochial school or speech, hearing and/or language clinic that is accredited by a state or regional accrediting agency or approved/licensed by the State Department of Education, shall be eligible and entitled to receive state financial assistance in the amount set forth in Section
37-23-69
. Exceptional children as defined in Section
37-23-3(1)
and who are certified by the designated state authority as requiring inpatient care in a private intermediate care facility for individuals with intellectual disabilities or psychiatric residential treatment facility, with Medicaid reimbursement, shall be eligible and entitled to receive state and federal financial assistance under the provisions of Section
37-23-69
, as allowable and available, if an approved private school is operated as an integral part of the facility that provides twenty-four (24) hours a day monitoring, treatment and education.
Codes, 1942, § 6631-51; Laws, 1971, ch. 304, § 1; Laws, 1975, ch. 487, § 1; Laws, 1978, ch. 461, § 8; Laws, 1983, ch. 529, § 1; Laws, 1991, ch. 546, § 1; Laws, 1993, ch. 401, § 1; Laws, 1993, ch. 602, § 7; Laws, 2004, ch. 573, § 1; Laws, 2010, ch. 476, § 13; Laws, 2011, ch. 513, § 1, eff. 7/1/2011.
Amended by Laws, 2024, ch. 470, HB 315,§ 3, eff. 5/8/2024.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › FINANCIAL ASSISTANCE TO EXCEPTIONAL CHILDREN ATTENDING PRIVATE OR PAROCHIAL SCHOOLS (§§ 37-23-61 — 37-23-75) › Section 37-23-65 - General powers and duties of department of education

The State Department of Education is authorized and directed to promulgate rules and regulations for the payment of such financial assistance and the administration of Sections
37-23-61
through
37-23-75
generally.
The State Department of Education shall have the authority to promulgate and enforce reasonable rules and regulations establishing standards for administration of the program contemplated by Sections
37-23-61
through
37-23-75
, consistent with the maintenance of high quality programs for the benefit of the exceptional children served.
The State Department of Education shall require that the programs for which children are eligible for financial assistance under Sections
37-23-61
through
37-23-75
be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success.
Codes, 1942, §§ 6631-52, 6631-54; Laws, 1971, ch. 304, §§ 2, 4; Laws, 1995, ch. 572, § 4, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › FINANCIAL ASSISTANCE TO EXCEPTIONAL CHILDREN ATTENDING PRIVATE OR PAROCHIAL SCHOOLS (§§ 37-23-61 — 37-23-75) › Section 37-23-67 - Receipt and administration of funds

The State Department of Education shall have the power to receive and administer all funds for or hereafter appropriated to, provided for, or otherwise accruing to, the State Department of Education for the purpose of providing financial assistance to students attending private schools, parochial schools or speech, hearing and/or language clinics that are accredited by a state or regional accrediting agency or approved/licensed by the State Department of Education, for the purpose of defraying the cost of the administration of Sections
37-23-61
through
37-23-75
, and for any and all purposes necessary or proper for the administration of the provisions of said sections.
Codes, 1942, § 6631-52; Laws, 1971, ch. 304, § 2; Laws, 1983, ch. 529, § 2; Laws, 1993, ch. 602, § 8, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › FINANCIAL ASSISTANCE TO EXCEPTIONAL CHILDREN ATTENDING PRIVATE OR PAROCHIAL SCHOOLS (§§ 37-23-61 — 37-23-75) › Section 37-23-71 - Commitments for payment of financial assistance

Upon approving the application for financial assistance, the state department of education shall issue its commitment in writing to the parent or guardian of, or person standing in loco parentis to the applicant, or to the public school district, which said commitment shall be for a specified amount for each day. Payments made under such commitment shall be made by the department, in accordance with the terms of the commitment, and each commitment shall be conditioned upon the applicant's attendance in accordance with his application and the provisions of Sections
37-23-61
through
37-23-75
.
Codes, 1942, § 6631-52; Laws, 1971, ch. 304, § 2; Laws, 1978, ch. 461, § 10, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › FINANCIAL ASSISTANCE TO EXCEPTIONAL CHILDREN ATTENDING PRIVATE OR PAROCHIAL SCHOOLS (§§ 37-23-61 — 37-23-75) › Section 37-23-73 - Hearings on denials of financial assistance; appeals

In the event of disapproval by the state department of education of an application for financial assistance payable from department funds, the department shall give notice to the applicant, through the parent or guardian of, or person standing in loco parentis to, the applicant, or to the public school district, by certified mail. Any applicant, through the parent or guardian of, or the person standing in loco parentis to, the applicant, or to the public school district, may, within ten (10) days after receipt of such notice, apply to the state board of education for a hearing, and shall be given a prompt and fair hearing on the question of entitlement to such financial assistance. The board shall render prompt decision upon such hearing. If the board shall affirm the previous action of disapproval of the application, notice shall be given to the applicant, through the parent or guardian of, or the person standing in loco parentis to, the applicant, or to the public school district, by certified mail. Any applicant aggrieved by the action of the board may, through the parent or guardian of, or the person standing in loco parentis to, the applicant or to the public school district within ten (10) days after receipt of such notice, file a petition in the chancery court of the county in which applicant resides for a hearing in the matter on all questions of fact and of law. The petition shall be served upon the state superintendent of public education. Within thirty (30) days after service of the petition, the board shall prepare and deposit a certified transcript of the record in the case in the office of the clerk of the court, which record shall include a copy of the application and any official findings, orders and rulings of the board in the case. The state board of education shall have thirty (30) days after the service of the petition within which to appear and file exceptions, answers or other pleadings. Additional time for preparation of the certified transcript of the record and for appearing and filing exceptions, answers or other pleadings may be granted to the board by order of the court. The court, after considering the law, the pleadings and such evidence as may be adduced in the case, may modify, affirm or reverse the findings of the board and make, issue and enter its judgment accordingly. Appeal from any such judgment shall be subject to the procedures applicable to appeals in ordinary civil actions.
Codes, 1942, § 6631-52; Laws, 1971, ch. 304, § 2; Laws, 1978, ch. 461, § 11, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › FINANCIAL ASSISTANCE TO EXCEPTIONAL CHILDREN ATTENDING PRIVATE OR PAROCHIAL SCHOOLS (§§ 37-23-61 — 37-23-75) › Section 37-23-75 - Offenses and penalties

It shall be unlawful for any person to obtain, seek to obtain, expend, or seek to expend, any financial assistance funds for any purpose other than in payment of or in reimbursement for the tuition costs for the attendance of his child or ward at a private school, parochial school or speech, hearing and/or language clinic. A violation of this section shall constitute a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars ($500.00), by imprisonment for not more than six (6) months in jail, or both.
Codes, 1942, § 6631-53; Laws, 1971, ch. 304, § 3; Laws, 1983, ch. 529, § 4, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › EXCEPTIONAL CHILDREN UNDER STATE GUARDIANSHIP (§ 37-23-77) › Section 37-23-77 - Education of exceptional children under guardianship of Department of Human Services

If a child, as defined in Sections
37-23-61
and
37-23-63
, is under the legal guardianship of the State Department of Human Services, or any other state agency, and for whom no foster parents are available and no state-funded institution placement is available, funds available under Section
37-23-1
et seq. may be used to provide for the education of the child in an institution approved by the Department of Human Services and the State Department of Education. However, if the educational services needed by the child are available in a state funded institution, these funds shall not be used to pay for educational services at that institution. At any such time a child is taken out of a school setting and placed under the custody of the Department of Human Services, the department shall immediately notify the State Department of Education and apply for funds for the child's educational services under Section
37-23-1
et seq. and the State Department of Education shall respond to the application within ten (10) working days. The special education and related services provided for this child shall be provided in compliance with State Department of Education regulations. The State Department of Education shall promulgate such regulations as are necessary to implement this section.
The State Department of Education shall require that the special education and related services provided for the children under this section be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success.
Laws, 1981, ch. 526, § 1; Laws, 1994, ch. 550, § 1; Laws, 1995, ch. 572, § 5; Laws, 2004, ch. 573, § 3, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › DEVELOPMENT CENTER FOR RETARDED AND HANDICAPPED CHILDREN (§§ 37-23-91 — 37-23-111) › Section 37-23-91 - Authorization for establishment

The board of education in any Class 1 county of the state having a total population of more than one hundred thousand (100,000) according to the 1960 census and having a total assessed valuation in excess of Sixty Million Dollars ($60,000,000.00), bordering on the Gulf of Mexico and in which there is a federal military base, under the methods set out in Sections 37-23-91 through
37-23-111
, may establish a child development center for children in the county who have an intellectual or physical disability or are otherwise unable to attend public school, including, but not limited to, any child of educable or trainable mind under twenty-one (21) years of age for whose particular educational needs institutional care and training are not available in such county, or who cannot pursue regular classwork due to reason or reasons of defective hearing, vision, speech, intellectual disability or physical conditions, as determined by competent medical authorities and psychologists who are approved by the State Board of Education. This specifically includes, but shall not be limited to, provision for the deaf and blind of an age under six (6) years, where early training is in accordance with the most advanced and best approved scientific methods of instruction, always taking into consideration the best interests of the child and his improvement at a time during which he is most susceptible to improvement.
Codes, 1942, § 6631-31; Laws, 1968, ch. 423, § 1; Laws, 2010, ch. 476, § 14, eff. 4/1/2010.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › DEVELOPMENT CENTER FOR RETARDED AND HANDICAPPED CHILDREN (§§ 37-23-91 — 37-23-111) › Section 37-23-93 - Eligibility for attendance

Any such child in such county shall be eligible to attend the center regardless of the school district within the county in which he lives.
Codes, 1942, § 6631-32; Laws, 1968, ch. 423, § 2, eff. 6/21/1968.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › DEVELOPMENT CENTER FOR RETARDED AND HANDICAPPED CHILDREN (§§ 37-23-91 — 37-23-111) › Section 37-23-95 - Employment of teachers and other personnel

The county board of education may employ such trained teachers and other personnel as it deems necessary for the proper administration and management of a child development center.
Codes, 1942, § 6631-33; Laws, 1968, ch. 423, § 3, eff. 6/21/1968.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › DEVELOPMENT CENTER FOR RETARDED AND HANDICAPPED CHILDREN (§§ 37-23-91 — 37-23-111) › Section 37-23-97 - Acquisition of necessary lands, equipment and furnishings; acceptance of grants

The county board of education may acquire necessary lands, equipment and furnishings by purchase, barter, gift or otherwise and may participate in federal or private grants for the construction, development or operation of such a center.
Codes, 1942, § 6631-34; Laws, 1968, ch. 423, § 4, eff. 6/21/1968.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › DEVELOPMENT CENTER FOR RETARDED AND HANDICAPPED CHILDREN (§§ 37-23-91 — 37-23-111) › Section 37-23-99 - Procedure for establishment

The county board of education shall initiate the establishment of such a center by adoption of a resolution stating its intention and shall transmit to the board of supervisors of its county a properly certified copy of such resolution stating its intention to establish a child development center, including estimated costs of land purchase, construction and operational costs per year and the proposed sources of the necessary revenues. The board of supervisors shall make an independent investigation and confirm or deny the need and practicality for such a center.
Codes, 1942, § 6631-35; Laws, 1968, ch. 423, § 5, eff. 6/21/1968.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › DEVELOPMENT CENTER FOR RETARDED AND HANDICAPPED CHILDREN (§§ 37-23-91 — 37-23-111) › Section 37-23-101 - Bonds

If the board of supervisors shall confirm the action of the county board of education, then the board of supervisors may issue bonds in an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) to bear the expense, or a portion of it, for the construction of such center. The bonds shall be for a period not to exceed twenty-five (25) years at a rate of interest not to exceed six percent (6%) per annum. Said bonds so issued shall be full faith and credit obligations of such county. The principal of and interest on same shall be paid out of funds made available by said board of supervisors by the annual ad valorem tax levied upon all of the taxable property within the county in an amount necessary to pay the interest thereon as the same becomes due to be paid, and the principal of said bonds as the same falls due to be paid.
Codes, 1942, § 6631-36; Laws, 1968, ch. 423, § 6, eff. 6/21/1968.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › DEVELOPMENT CENTER FOR RETARDED AND HANDICAPPED CHILDREN (§§ 37-23-91 — 37-23-111) › Section 37-23-103 - Tax levy

The board of supervisors of any such county is hereby authorized, in its discretion, to levy an ad valorem tax on all taxable property within the county not to exceed two mills, the avails of which shall be used for the construction, operation, furnishings and maintenance of any such center so established. The tax levy herein authorized shall not be reimbursable under the homestead exemption laws of this state.
Codes, 1942, § 6631-38; Laws, 1968, ch. 423, § 8, eff. 6/21/1968.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › DEVELOPMENT CENTER FOR RETARDED AND HANDICAPPED CHILDREN (§§ 37-23-91 — 37-23-111) › Section 37-23-105 - Election regarding establishment

There shall be held an election, conforming in all respects to applicable statutes governing special elections, in which the proposition authorized in Sections
37-23-91
through
37-23-103
shall be submitted for approval or rejection by the electorate of said county. The power and authority to levy taxes or to issue bonds as provided in Sections
37-23-101
and
37-23-103
, shall be contingent upon the affirmative vote of a majority of the qualified electors of said county participating in said election.
Codes, 1942, § 6631-37; Laws, 1968, ch. 423, § 7, eff. 6/21/1968.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › DEVELOPMENT CENTER FOR RETARDED AND HANDICAPPED CHILDREN (§§ 37-23-91 — 37-23-111) › Section 37-23-107 - Disposition of funds

All funds provided for in Sections
37-23-91
through
37-23-111
shall be kept in a separate fund and shall be used exclusively for the construction, operation, furnishings and maintenance of any such center so established. Any funds accumulated which are not used in any fiscal year shall remain in said separate fund for that use in the succeeding year or years. Such funds shall be expended upon order of the county board of education, and by warrant issued by the county superintendent of education.
Codes, 1942, § 6631-39; Laws, 1968, ch. 423, § 9; Laws, 1970, ch. 385, § 1, eff. 4/3/1970.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › DEVELOPMENT CENTER FOR RETARDED AND HANDICAPPED CHILDREN (§§ 37-23-91 — 37-23-111) › Section 37-23-109 - Receipt of contributions from federal and state governments

Any child development center created under the provisions of Sections
37-23-91
through
37-23-111
shall be entitled to receive all contributions and benefits allowed to the other school districts from the federal and state governments including, but not limited to, contributions on the basis of the net enrollment per child, school textbooks and school lunch program.
Codes, 1942, § 6631-40; Laws, 1968, ch. 423, § 10, eff. 6/21/1968.
Amended by Laws, 2024, ch. 484, HB 4130,§ 63, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › DEVELOPMENT CENTER FOR RETARDED AND HANDICAPPED CHILDREN (§§ 37-23-91 — 37-23-111) › Section 37-23-111 - Location

Any center created under the provisions of Sections
37-23-91
through 37-23-111 may be constructed at any location within the county either in or outside of a municipality.
Codes, 1942, § 6631-41; Laws, 1968, ch. 423, § 11, eff. 6/21/1968.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › LEARNING RESOURCES SYSTEM (§§ 37-23-121 — 37-23-131) › Section 37-23-121 - Short title

Sections 37-23-121 through
37-23-131
shall be cited as the "Mississippi Learning Resources Law of 1974."
Laws, 1974, ch. 374, § 1, eff. 3/15/1974.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › LEARNING RESOURCES SYSTEM (§§ 37-23-121 — 37-23-131) › Section 37-23-123 - Legislative intent

The intent of the legislature of the State of Mississippi, by passage of Sections 37-23-123 through
37-23-131
, is to develop and make available to children of this state who are being considered for possible or continued placement in the exceptional child program of diagnostic and evaluation and related services that will raise the quality of education for all such children in the State of Mississippi who are in need of such services.
The intent of the legislature is to provide an overall system to give direction in developing diagnostic and evaluation and related services required for the exceptional child program, to coordinate existing resources in the state for such services, and to provide such services, within the limitation of staff availability, on a statewide basis with priority being given to areas of the state where such services are not available. This service is intended to complement the services presently available from the state department of education and other agencies.
Laws, 1974, ch. 374, § 2; Laws, 1978, ch. 461, § 12, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › LEARNING RESOURCES SYSTEM (§§ 37-23-121 — 37-23-131) › Section 37-23-125 - Establishment of system; rules and regulations; employment of personnel; acceptance of funds

(1)
The Department of Education is directed to establish a learning resources system to be implemented and administered by the department.
(2)
The state board of education shall adopt and promulgate such rules and regulations as are necessary to implement and administer this system.
(3)
The department is authorized to employ and train such professional and clerical assistance as is necessary to implement and administer the system.
(4)
The department is authorized to accept any federal, state or other governmental funds and any funds from private sources or gifts, grants or donations.
Laws, 1974, ch. 374, § 3, eff. 3/15/1974.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › LEARNING RESOURCES SYSTEM (§§ 37-23-121 — 37-23-131) › Section 37-23-127 - Advisory committee

(1)
The state superintendent of education shall appoint a learning resources advisory committee for each center not to exceed ten (10) members as the superintendent, in his discretion, deems proper from each of the following groups:
(a)
Professional educators actively engaged in the education of exceptional children or youth or in the administration of programs for exceptional youth and children.
(b)
Professional educators in higher education dealing with the exceptional children and youth, and closely related areas.
(c)
Parents of exceptional children or youth.
(2)
The committee shall meet quarterly or upon call of the superintendent, and its functions shall be purely advisory in nature and effect. No compensation or per diem shall be provided committee members, but each member shall be entitled to receive all actual, necessary expenses incurred in discharging official responsibilities, including mileage as authorized by law.
Laws, 1974, ch. 374, § 4; Laws, 1978, ch. 461, § 13, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › LEARNING RESOURCES SYSTEM (§§ 37-23-121 — 37-23-131) › Section 37-23-129 - Services provided

The department shall determine the services to be provided by the system, however, at least the following services will be provided:
(a)
Provision of diagnostic and evaluation services to children who are being considered for possible or continued placement in educational programs for exceptional children.
(b)
Provision, to personnel providing educational programs for exceptional children, of inservice activities and consultation on the diagnosis and evaluation of exceptional children and on the development of individualized educational programs.
(c)
Provision of regional screening team services to schools and agencies providing educational services to exceptional children as required in the "competent professional persons" portion of Section
37-23-3
.
(d)
Collection and maintenance, for demonstration and loan purposes, of instructional materials, professional literature, and evaluation materials which are appropriate for the exceptional child program.
Laws, 1974, ch. 374, § 5; Laws, 1978, ch. 461, § 14, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › LEARNING RESOURCES SYSTEM (§§ 37-23-121 — 37-23-131) › Section 37-23-131 - General duties of department

The department, in implementing the provisions of Sections
37-23-121
through 37-23-131, shall have the following duties:
(a)
To establish in various areas of the state, the location and size of which shall be determined by the department, a team of full-time, qualified professional persons trained, individually or collectively, in such disciplines as psychology, speech and hearing, special education, educational evaluation, and social work. One team shall be provided for each area, and shall render diagnostic evaluation, and related services to all children who are being considered for possible or continued placement in educational programs for exceptional children.
(b)
To contract for or purchase services of clinical and medical specialists, including, but not limited to, pediatricians, neurologists and psychiatrists, when such services of specialists are needed and not available from members of a team.
(c)
To provide for consultation with school personnel, parents and agencies concerned with exceptional children and to serve as resource personnel to which such persons and agencies may consult for assistance in solving problems related to diagnosis and evaluation of exceptional children.
(d)
To provide personnel to serve as a resource in programs of preservice and inservice training of teachers.
(e)
To disseminate information to the public with regard to exceptional children.
Laws, 1974, ch. 374, § 6; Laws, 1978, ch. 461, § 15, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › STANDARDS AND PROCEDURES FOR THE EDUCATION OF EXCEPTIONAL CHILDREN (§§ 37-23-133 — 37-23-150) › Section 37-23-139 - Complaint procedures

(1)
The State Department of Education shall establish the necessary rules and regulations in accordance with IDEA to provide for an organization or individual to file a signed written complaint with respect to a violation of federal or state regulations by a local educational agency relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child.
(2)
Procedures that require the parent of a child with a disability, or the attorney representing the child, to provide notice to the State Department of Education shall include:
(a)
The name of the child, the address of the residence of the child, and the name of the school the child is attending;
(b)
A description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem; and
(c)
A proposed resolution of the problem to the extent known and available to the parents at the time.
(3)
State Department of Education shall develop a model form to assist parents in filing a complaint in accordance with the requirements under IDEA.
(4)
All complaints shall remain protected by the confidentiality requirements under IDEA.
Laws, 1999, ch. 582, § 4, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › STANDARDS AND PROCEDURES FOR THE EDUCATION OF EXCEPTIONAL CHILDREN (§§ 37-23-133 — 37-23-150) › Section 37-23-141 - Mediation; promulgation of rules and regulations; confidentiality

(1)
The State Department of Education shall promulgate the necessary rules and regulations to establish a mediation system which, at a minimum, shall be available whenever a due process hearing under IDEA is requested. The mediation system shall allow parties the opportunity to resolve such disputes involving any matter relating to the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to such child.
(2)
The State Department of Education shall ensure that the mediation process is:
(a)
Voluntary on the part of the parties;
(b)
Not used to deny or delay a parent's right to a due process hearing under IDEA or to deny any other rights afforded under IDEA; and
(c)
Conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
(3)
The State Department of Education may establish procedures to require parents who choose not to use the mediation process to meet, at a time and location convenient to the parents, with a disinterested party who is under contract with a parent training and information center or community parent resource center in the state established under IDEA, or an appropriate alternative dispute resolution entity. The purpose of the meeting is to encourage the use, and explain the benefits, of the mediation process to the parents.
(4)
The State Department of Education shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.
(5)
The state shall bear the cost of the mediation process, including the costs of all meetings described in this section.
(6)
Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties in dispute.
(7)
An agreement reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement.
(8)
Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings and the parties to the mediation process may be required to sign a confidentiality pledge prior to the commencement of such process.
Laws, 1999, ch. 582, § 5, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › STANDARDS AND PROCEDURES FOR THE EDUCATION OF EXCEPTIONAL CHILDREN (§§ 37-23-133 — 37-23-150) › Section 37-23-145 - Advisory panel on special education; membership; duties

(1)
The State Board of Education shall establish and maintain an advisory panel for the purpose of providing policy guidance with respect to special education and related services for children with disabilities in the State.
(2)
The advisory panel shall consist of members appointed by the State Superintendent of Education who are representative of the state's population and who are composed of individuals involved in, or concerned with, the education of children with disabilities, including:
(a)
Parents of children with disabilities;
(b)
Individuals with disabilities;
(c)
Teachers;
(d)
Representatives of institutions of higher education that prepare special education and related services personnel;
(e)
State and local education officials;
(f)
Administrators of programs for children with disabilities;
(g)
Representatives of other state agencies involved in the financing or delivery of related services to children with disabilities;
(h)
Representatives of private schools and public charter schools;
(i)
At least one (1) representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities; and
(j)
Representatives from the State juvenile and adult correction agencies.
(3)
A majority of the members of the panel shall be individuals with disabilities or parents of children with disabilities.
(4)
The duties of the advisory panel shall include:
(a)
Advise the State Department of Education of unmet needs within the State in the education of children with disabilities;
(b)
Comment publicly on any rules or regulations proposed by the State Department of Education regarding the education of children with disabilities;
(c)
Advise the State Department of Education in developing evaluations and reporting on data to the secretary in accordance with the requirements under IDEA;
(d)
Advise the State Department of Education in developing and implementing policies relating to the coordination of services for children with disabilities; and
(e)
Advise the State Department of Education in developing corrective action plans to address findings identified in federal monitoring reports under IDEA.
(5)
The advisory panel shall be provided the opportunity to provide comments to the State Board of Education on rules or regulations proposed by the State Department of Education relating to the implementation of the IDEA 1997 Amendments.
Laws, 1999, ch. 582, § 7, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › STANDARDS AND PROCEDURES FOR THE EDUCATION OF EXCEPTIONAL CHILDREN (§§ 37-23-133 — 37-23-150) › Section 37-23-147 - State performance goals for children with disabilities; special recognition of schools providing full inclusion of children with disabilities

(1)
The State Department of Education shall establish goals for the performance of students with disabilities that will promote the purpose of IDEA and are consistent, to the maximum extent appropriate, with other goals and standards for students established by the State Department of Education. Performance indicators used to assess progress toward achieving those goals that, at a minimum, address the performance of students with disabilities on assessments, drop-out rates, and graduation rates shall be developed. Every two (2) years, the progress toward meeting the established performance goals shall be reported to the public.
(2)
To encourage the full inclusion of students with disabilities in all aspects of academic and extracurricular activities, the State Department of Education may provide special recognition to the schools receiving such designation and their school districts. Examples of such recognition may include, but not be limited to: public announcements and events, certificates of recognition and plaques for teachers, principals, superintendents and parents, and media announcements utilizing the services of Mississippi Educational Television. This special recognition may be awarded to elementary, middle or high schools, based on entries submitted to the Mississippi Special Education Advisory Panel by the deadline to be determined annually by the panel. These entries shall be in the form of a report, listing the name, address and telephone number of the school district/school; teacher or staff responsible for administering the program; type of position held by each of these employees including credentials; description of the program; number of students with disabilities included; type and level of severity of disabilities; number of students without disabilities involved in the program; how long the program has been in operation; benefit of program to all students; and a description of how this program could be replicated by other school districts. Winners of the Exemplary Inclusion Program contest shall be chosen annually by the Mississippi Special Education Advisory Panel at a date determined by the panel.
Recognition may be given to these schools during a meeting of the Mississippi State Board of Education at a date determined by the board. Information on these exemplary programs shall be provided to other school districts and the general public through news releases, the state department website, and other similar avenues.
Laws, 1999, ch. 582, § 8; Laws, 2000, ch. 317, § 1, eff. 7/1/2000.
Amended by Laws, 2017, ch. 438, SB 2432, 3, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › STANDARDS AND PROCEDURES FOR THE EDUCATION OF EXCEPTIONAL CHILDREN (§§ 37-23-133 — 37-23-150) › Section 37-23-148 - Participation in assessment programs by children with disabilities; Department of Education to report on results of assessment of disabled children

(1)
Children with disabilities shall be included in general statewide and district-wide assessments programs, with appropriate accommodations, where necessary. As appropriate, the State Department of Education and the local educational agency shall:
(a)
Develop policies and procedures for the participation of children with disabilities in alternate assessments for those children who cannot participate in statewide and district-wide assessment programs; and
(b)
Develop and, beginning not later than July 1, 2000, conduct those alternate assessments.
(2)
The State Department of Education shall make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following:
(a)
The number of children with disabilities participating in regular assessments;
(b)
The number of children participating in alternate assessments;
(c)
The performance of those children on regular assessments, beginning not later than July 1, 1998, and on alternate assessments, not later than July 1, 2000, if doing so would be statistically sound and would not result in the disclosure of performance results identifiable to individual children; and
(d)
Data relating to the performance of children with disabilities shall be disaggregated for assessments conducted after July 1, 1998.
Laws, 1999, ch. 582, § 9, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › STANDARDS AND PROCEDURES FOR THE EDUCATION OF EXCEPTIONAL CHILDREN (§§ 37-23-133 — 37-23-150) › Section 37-23-149 - Special Education, Special Services Fund

There is hereby created in the State Treasury a special fund to be designated as the "Special Education, Special Services Fund" which shall be used to distribute any funds specifically appropriated by the Legislature to such fund. This Special Education, Special Services Fund will be used solely for the provision of direct services to individual children with disabilities. Any funds remaining in the fund at the end of the fiscal year shall not lapse into the State General Fund, but shall carryover to subsequent fiscal years. Any interest accruing on any unexpended balance in the Special Education, Special Services Fund shall be invested by the State Treasurer and shall remain in the fund.
Laws, 1999, ch. 582, § 10, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › STANDARDS AND PROCEDURES FOR THE EDUCATION OF EXCEPTIONAL CHILDREN (§§ 37-23-133 — 37-23-150) › Section 37-23-150 - Legislative intent

It is the intent of the Legislature that none of the provisions of Sections
37-16-9
,
37-23-1
through
37-23-9
and
37-23-133
through
37-23-149
shall create mandates that impose financial or legal requirements upon local school districts that are greater or more restrictive upon local school districts as required by the Individuals with Disabilities Education Act of 1997 and any later amendments or regulations thereunder, or any other relevant federal legislation. Furthermore, it is not the intent of the Legislature to impose any additional state unfunded mandates for the implementation of Sections
37-16-9
,
37-23-1
through
37-23-9
and
37-23-133
through
37-23-149
. Any provisions of Sections
37-16-9
,
37-23-1
through
37-23-9
and
37-23-133
through
37-23-149
that are inconsistent, create additional unfunded state mandates, or that are more restrictive upon school districts than federal requirements shall be expressly unenforceable and have no effect.
Laws, 1999, ch. 582, § 17; Laws, 2010, ch. 353, § 2, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › REGISTRATION OF PERSONS HAVING IMPAIRED HEARING OR VISION [Repealed] (§ 37-23-151) › Section 37-23-151 - through 37-23-157 - [Repealed]

Repealed by Laws, 1998, ch. 333, § 1, eff. 7/1/1998.
§ 37-23-151. [Laws, 1974, ch. 553, § 1] § 37-23-153. [Laws, 1974, ch. 553, § 2] § 37-23-155. [Laws, 1974, ch. 553, § 3] § 37-23-157. [Laws, 1974, ch. 553, § 4]
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › COUNTY CONTRIBUTION TO DEFRAY COSTS OF LEARNING DISABILITY PROGRAM [Repealed] (§ 37-23-159) › Section 37-23-159 - [Repealed]

Repealed by Laws, 1983, ch. 531, § 2, eff. 9/30/1983.
Laws, 1983, ch. 531, § 1.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › GIFTED EDUCATION (§§ 37-23-171 — 37-23-181) › Section 37-23-171 - Short title

Sections 37-23-171 through
37-23-181
shall be known and may be cited as the "Mississippi Gifted Education Act of 1989."
Laws, 1989, ch. 447, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › GIFTED EDUCATION (§§ 37-23-171 — 37-23-181) › Section 37-23-173 - Legislative findings and declarations; purpose

The Legislature finds and declares that there are many children in the State of Mississippi who are intellectually, academically, creatively and/or artistically gifted and who require additional opportunities to allow them to develop their capabilities to their fullest potential.
Consequently, it is the purpose of Sections
37-23-171
through
37-23-181
to provide for a uniform system of education for gifted children in the public schools of Mississippi, to provide for a nondiscriminatory process of identification of these children, to provide for periodic evaluation of the program and its benefit to the gifted children, and to insure that gifted children are identified and offered an appropriate education.
Further, it is the intent of the Legislature that local districts be given as much flexibility as possible in the operation of their programs and that there be parental involvement in the development and conduct of their programs.
Laws, 1989, ch. 447, § 2; Laws, 1993, ch. 585, § 1, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › GIFTED EDUCATION (§§ 37-23-171 — 37-23-181) › Section 37-23-175 - Definitions

For purposes of Sections
37-23-171
through
37-23-181
, the following terms shall have the following meanings unless the context shall prescribe otherwise:
(a)
"Gifted children" shall mean children who are found to have an exceptionally high degree of intellect, and/or academic, creative or artistic ability.
(b)
"Gifted education" shall mean programs for instruction of intellectually gifted children within Grades 2 through 12 and programs for instruction of academically gifted children within Grades 9 through 12 and programs for instruction of creative or artistically gifted children within Grades 2 through 12 of the public elementary and secondary schools of this state. Such programs shall be designed to meet the individual needs of gifted children and shall be in addition to and different from the regular program of instruction provided by the district.
(c)
"Department" shall mean the State Department of Education.
(d)
"Board" shall mean the State Board of Education.
Laws, 1989, ch. 447, § 3; Laws, 1993, ch. 585, § 2, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 23 - EXCEPTIONAL CHILDREN (§§ 37-23-1 — 37-23-205) › GIFTED EDUCATION (§§ 37-23-171 — 37-23-181) › Section 37-23-177 - General powers and duties of board of education

The board shall have the following powers, duties and responsibilities:
(a)
To promulgate and enforce rules, regulations and guidelines to implement the provisions of Sections
37-23-171
through
37-23-181
;
(b)
To provide technical assistance to local school district personnel in the development, implementation, evaluation and modification of gifted education programs for gifted children;
(c)
To review and approve or deny all local school district gifted education programs, or changes therein, submitted pursuant to Sections
37-23-171
through
37-23-181
;
(d)
To accept and distribute federal funds or funds made available from other sources;
(e)
To develop certification requirements for all teaching or nonteaching personnel employed in gifted education programs;
(f)
To develop staff development programs for personnel employed in gifted education programs;
(g)
To collect such data from all local school districts as may be required to implement Sections
37-23-171
through
37-23-181
;
(h)
To disseminate information on quality gifted education programs; and
(i)
To withhold funds from any school district which refuses or fails to comply with the provisions of Sections
37-23-171
through
37-23-181
.
Laws, 1989, ch. 447, § 4, eff. 7/1/1989.