Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 181 - EQUAL OPPORTUNITY FOR STUDENTS WITH SPECIAL NEEDS ACT (§§ 37-181-1 — 37-181-23) › Section 37-181-5 - [Repealed effective 7/1/2028] Parental obligations to qualify eligible student for program participation; use of Education Scholarship Account funds

(1)
An eligible student shall qualify to participate in the ESA program if the parent or guardian signs an agreement promising:
(a)
To provide an organized, appropriate educational program with measurable annual goals to their participating student and to provide an education for the participating student in at least the subjects of reading, grammar, mathematics, social studies and science;
(b)
To document their participating student's disability at intervals and in a manner required under subsection (8) of this section;
(c)
Not to enroll their participating student in a public school and to acknowledge as part of the agreement that the eligible school has provided clear notice to the parent or guardian that the participating student has no individual entitlement to a free appropriate public education (FAPE) from their home school district, including special education and related services, for as long as the student is participating in the ESA program;
(d)
Not to file for their participating student a certificate of enrollment indicating participation in a home instruction program under Section
37-13-91
, Mississippi Code of 1972; and
(e)
Not to participate in the Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program or the Mississippi Speech-Language Therapy Scholarship for Students with Speech-Language Impairments Program while participating in the ESA program.
(2)
Parents or guardians shall use the funds deposited in a participating student's ESA for any of the following qualifying expenses, which shall be incurred within the awarded ESA school year, to educate the student using any of the below methods or combination of methods that meet the requirement in subsection (1)(a) of this section:
(a)
Tuition and/or academic fees at an eligible school;
(b)
Textbooks related to academic coursework;
(c)
Payment to a tutor, as defined in Section
37-181-3(h)
;
(d)
Payment for purchase of curriculum, including any supplemental materials required by the curriculum;
(e)
Fees for nationally standardized norm-referenced achievement tests, including alternate assessments; and fees for Advanced Placement examinations or similar courses and any examinations related to college or university admission;
(f)
Educational services or therapies from a licensed or certified practitioner or provider, including licensed or certified paraprofessionals or educational aides;
(g)
Tuition and fees related to dual enrollment at a postsecondary institution;
(h)
Textbooks related to academic coursework at a postsecondary institution;
(i)
Surety bond payments if required by the department;
(j)
No more than Fifty Dollars ($50.00) in annual consumable school supplies necessary for educational services and therapies, daily classroom activities, and tutoring;
(k)
Computer hardware and software and other technological devices if an eligible school, licensed or certified tutor, licensed or certified educational service practitioner or provider, or licensed medical professional verifies in writing that these items are essential for the student to meet annual, measurable educational and academic goals or goals within the scope of the eligible student's IEP. Once a student is no longer participating in the ESA program, computer hardware and software and other technological devices purchased with ESA funds shall be donated to a public school or public library. Qualifying expenses for computer hardware and software include only those expenses incurred within the awarded ESA school year.
(3)
To qualify to participate in the program, the parent or guardian of an eligible student shall also certify to the department that they have been accepted into an eligible school qualified to provide services for the participating student's disability or special education needs, or provide services addressing a participating student's IEP, as required under this act.
(4)
Neither a participating student, nor anyone on the student's behalf, may receive cash or cash-equivalent items, such as gift cards or store credit, from any refunds or rebates from any provider of services or products in the ESA program. Any refunds or rebates shall be credited directly to the participating student's ESA. The funds in an ESA may only be used for education-related purposes as defined in this chapter.
(5)
(a)
Eligible schools, postsecondary institutions and educational service providers that serve participating students shall provide the parent or guardian who submitted the ESA program application with an original itemized receipt, including the service provider's name and address, for all qualifying expenses. The parent or guardian who submitted the ESA application shall provide the original itemized receipt to the department.
(b)
In lieu of providing the parent or guardian who submitted the ESA program application with an original itemized receipt, the eligible schools, postsecondary institutions and educational service providers may provide to the department an original itemized receipt approved and signed off on by the parent or guardian who submitted the ESA application, including the service provider's name and address, for all qualifying expenses.
(6)
Payment for educational services through an ESA shall not preclude parents or guardians from paying for educational services using non-ESA funds.
(7)
For purposes of continuity of educational attainment, students who enroll in the ESA program shall remain eligible to receive quarterly ESA payments until the participating student returns to a public school, completes high school, completes the school year in which the student reaches the age of twenty-one (21), or does not have eligibility verified by a parent or guardian as required under subsection (8) of this section, whichever occurs first.
(8)
Any funds remaining in a student's Education Scholarship Account upon completion of high school shall be returned to the state's General Fund.
(9)
Every three (3) years after initial enrollment in the ESA program, a parent or guardian of a participating student, except a student diagnosed as being a person with a permanent disability, shall document that the student continues to be identified by the school district, a federal or state government agency, or a licensed physician or psychometrist as a child with a disability, as defined by the federal Individuals with Disabilities Education Act (20 USCS Section 1401(3)).
(10)
An eligible student shall be allowed to return to his home school district at any time after enrolling in the ESA program, in compliance with regulations adopted by the department providing for the least disruptive process for doing so. Upon the participating student's return to his or her home school district, the student's Education Scholarship Account shall be closed and any remaining funds shall be distributed to the student's home school district at the end of the awarded ESA school year.
Amended by Laws, 2024, ch. 518, HB 1229,§ 1, eff. 7/1/2024.
Amended by Laws, 2020, ch. 386, SB 2594,§ 3, eff. 6/25/2020.
Added by Laws, 2015, ch. 441, § 3, eff. 4/16/2015.