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 37-23-135 - Eligibility standards for assistance under Individuals with Disabilities Education Act

(1)
For the purposes of this section, each local educational agency is eligible for assistance under IDEA Part B for a fiscal year if, in providing for the education of children with disabilities within its jurisdiction, policies, procedures and programs are in effect that are consistent with the regulations established by the State Department of Education.
(2)
The local educational agency shall have in effect policies and procedures, and programs that are consistent with the State Department of Education's policies and procedures to ensure:
(a)
A free appropriate public education is available to all children with disabilities residing in the state between the ages of three (3) and twenty (20), inclusive. Educational services for children with disabilities who have been suspended or expelled from school shall be provided based on the requirements of IDEA, applicable federal regulations and state regulations;
(b)
The full educational opportunity goal established by the state is implemented;
(c)
All children with disabilities, who are in need of special education and related services, including children with disabilities attending private school, regardless of the severity of their disabilities, are identified, located, and evaluated;
(d)
An individualized education program is developed, reviewed and revised for each child with a disability;
(e)
Children with disabilities are provided services within their least restrictive environment;
(f)
Children with disabilities and their parents are afforded the procedural safeguards required under IDEA;
(g)
Children with disabilities are evaluated as required under IDEA;
(h)
The State Department of Education and local education agencies will assure the protection of the confidentiality of any personally identifiable data, information and records collected or maintained as required under IDEA and the Family Rights and Privacy Act.
(i)
Children with disabilities participating in early intervention programs assisted under IDEA Part C who will participate in preschool programs assisted under IDEA Part B shall experience a smooth transition. An individualized educational program shall be developed and implemented by the child's third birthday;
(j)
Children with disabilities enrolled in private schools by their parents shall be provided special education and related services to the extent required under IDEA;
(k)
Children with disabilities who are placed in private schools or facilities by the local educational agency shall be provided special education and related services, in accordance with an individualized education program, at no cost to their parents;
(l)
A comprehensive system of personnel development has been developed to ensure appropriately qualified personnel are available and personnel are trained in accordance with the requirements of the State Department of Education and IDEA;
(m)
Personnel providing educational services to children with disabilities meet the personnel standards of the State Department of Education;
(n)
The performance goals and indicators shall be implemented as established by the State Board of Education; and
(o)
Children with disabilities are included in statewide and district-wide assessment programs, with appropriate accommodations, in accordance with regulations established by the State Board of Education.
(3)
The local educational agency shall make available to parents of children with disabilities and to the general public all documents relating to the agency's eligibility under IDEA.
(4)
If the State Department of Education determines that a local educational agency is not eligible to receive federal funds due to compliance violations not being resolved within a specified timeline, the local educational agency shall be notified of that determination and shall be provided with reasonable notice and an opportunity for a hearing. The local educational agency in receipt of such notice, shall, by means of public notice, take such measures as may be necessary to bring the pendency of an action to withhold funds to the attention of the public within the jurisdiction of such agency.
(5)
The State Department of Education, after reasonable notice and an opportunity for a hearing, shall reduce or shall not provide any further payments to the local educational agency until the department is satisfied that the violations have been corrected.
Laws, 1999, ch. 582, § 2, eff. 7/1/1999.