reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 175 - MISSISSIPPI SPEECH-LANGUAGE THERAPY SCHOLARSHIP FOR STUDENTS WITH SPEECH-LANGUAGE IMPAIRMENTS PROGRAM (§§ 37-175-1 — 37-175-29) › Section 37-175-13 - State Department of Education duties regarding administration of program; determination of funding; transportation of students

(1)
The maximum scholarship granted per eligible student with speech-language impairment shall be an amount equivalent to the state share of per student funding under the total funding formula provided in this act in the school district in which a student resides.
(2)
(a)
Any nonpublic school under this program shall report to the State Department of Education the number of students with speech-language impairment who are enrolled in nonpublic schools on the Mississippi Speech-Language Therapy Scholarships as of September 30 of each year in order to determine funding for the subsequent year. Funds may not be transferred from any funding provided to the Mississippi School for the Deaf and the Blind for program participants who are eligible under Section
37-175-5
.
(b)
The State Department of Education shall make payments to nonpublic schools for each student at the nonpublic school equal to the state share of the total funding formula payments for each student in net enrollment at the school district from which the student transferred. In calculating the local contribution for purposes of determining the state share of the total funding formula payments, the department shall deduct the pro rata local contribution of the school district in which the student resides, to be determined as provided in Section 37-151-211(2).
(c)
Payments made pursuant to this subsection by the State Department of Education must be made at the same time and in the same manner as the total funding formula payments are made to school districts under Sections
37-151-101
and
37-151-103
. Amounts payable to a nonpublic school must be determined by the State Department of Education.
(3)
If the parent opts to remove a child from a public school to a nonpublic special purpose school and to receive a scholarship under this chapter, then transportation shall be provided at the parent's or guardian's expense.
Amended by Laws, 2024, ch. 484, HB 4130,§ 108, eff. 7/1/2024.
Added by Laws, 2013, ch. 564, HB 896, 7, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 175 - MISSISSIPPI SPEECH-LANGUAGE THERAPY SCHOLARSHIP FOR STUDENTS WITH SPEECH-LANGUAGE IMPAIRMENTS PROGRAM (§§ 37-175-1 — 37-175-29) › Section 37-175-15 - Screening of students for speech, language, voice and fluency disorders

(1)
Each local school district shall adopt a policy to ensure that students will be screened for speech, language, voice and fluency disorders before the end of Grade 1.
(2)
If a student fails the screener, the parent or legal guardian will be notified of the results of the screener.
(3)
If a student fails the screener, the school district, in its discretion, may perform a comprehensive speech-language evaluation.
(4)
If a parent or a legal guardian of a student who fails the speech-language screener exercises the option to have a subsequent evaluation performed, such evaluation shall be administered by a speech-language pathologist. The subsequent evaluation obtained by the parents shall be considered by the school district for eligibility in the area of speech-language in accordance with the procedures mandated by the federal Individuals with Disabilities Education Act (IDEA) for a placement in a speech-language program within the current school or to receive a Mississippi speech-language therapy scholarship for placement in a speech-language program in a nonpublic special purpose school. A parent or legal guardian may provide written notification to the local school district opting out of the mandatory screening provided by the district. The provisions of this section shall not apply to homeschooled students.
Added by Laws, 2013, ch. 564, HB 896, 8, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 175 - MISSISSIPPI SPEECH-LANGUAGE THERAPY SCHOLARSHIP FOR STUDENTS WITH SPEECH-LANGUAGE IMPAIRMENTS PROGRAM (§§ 37-175-1 — 37-175-29) › Section 37-175-17 - Eligibility requirements for nonpublic schools to participate in scholarship program

(1)
To be eligible to participate in the Mississippi Speech-Language Therapy Scholarship for Students with Speech-Language Impairments Program, a nonpublic school must:
(a)
Be a state accredited nonpublic special purpose school in the state that is organized to provide and emphasizes instruction in speech-language therapy and intervention as the primary purpose of the school;
(b)
Provide to the department all documentation required for a student's participation, including the nonpublic school's and student's fee schedules, at least thirty (30) days before the first quarterly scholarship payment is made for the student;
(c)
Be academically accountable to the parent or legal guardian for meeting the educational needs of the student by, at a minimum, annually providing to the parent or legal guardian a written explanation of the student's progress;
(d)
Maintain in this state a physical location where a scholarship student regularly attends classes.
(2)
The inability of a nonpublic school to meet the requirements of this subsection shall constitute a basis for the ineligibility of the nonpublic school to participate in the scholarship program as determined by the department.
Added by Laws, 2013, ch. 564, HB 896, 9, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 175 - MISSISSIPPI SPEECH-LANGUAGE THERAPY SCHOLARSHIP FOR STUDENTS WITH SPEECH-LANGUAGE IMPAIRMENTS PROGRAM (§§ 37-175-1 — 37-175-29) › Section 37-175-19 - Publication of information regarding Mississippi Speech-Language Therapy Scholarship; annual reports

(1)
The department shall publicize information regarding the Mississippi Speech-Language Therapy Scholarship on the department's official website.
(2)
The department shall annually, by December 15, report to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives the department's actions with respect to implementing accountability in the scholarship program under this section, any substantiated allegations or violations of law or rule by an eligible nonpublic school under this program concerning the enrollment and attendance of students, the credentials of teachers, background screening of teachers, and teachers' fingerprinting results and the corrective action taken by the department.
Added by Laws, 2013, ch. 564, HB 896, 10, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 175 - MISSISSIPPI SPEECH-LANGUAGE THERAPY SCHOLARSHIP FOR STUDENTS WITH SPEECH-LANGUAGE IMPAIRMENTS PROGRAM (§§ 37-175-1 — 37-175-29) › Section 37-175-21 - Length of school day and scholastic year; development of curriculum; purchase of instructional material; qualifications of personnel providing speech-language services

(1)
The State Board of Education in conjunction with each nonpublic school operating under the provisions of this chapter, may:
(a)
Extend the school day or length of the scholastic year;
(b)
Develop and establish a curriculum that is consistent with the Mississippi Curriculum Framework in the subject areas of mathematics, social studies, science, music, art and physical education; and
(c)
Select, purchase and use textbooks, literature and other instructional materials that would improve educational attainment by students in the school, subject to the approval of the board.
(2)
The qualified personnel to provide speech-language services for children with speech-language impairment who attend the nonpublic special purpose schools shall consist of speech-language pathologists.
Added by Laws, 2013, ch. 564, HB 896, 11, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 175 - MISSISSIPPI SPEECH-LANGUAGE THERAPY SCHOLARSHIP FOR STUDENTS WITH SPEECH-LANGUAGE IMPAIRMENTS PROGRAM (§§ 37-175-1 — 37-175-29) › Section 37-175-23 - Criminal history record checks and fingerprinting of school personnel

Teachers and other school personnel shall be subject to criminal history record checks and fingerprinting requirements applicable to other public schools under Section
37-9-17(2) and (3)
.
Added by Laws, 2013, ch. 564, HB 896, 12, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 175 - MISSISSIPPI SPEECH-LANGUAGE THERAPY SCHOLARSHIP FOR STUDENTS WITH SPEECH-LANGUAGE IMPAIRMENTS PROGRAM (§§ 37-175-1 — 37-175-29) › Section 37-175-25 - Equitable calculation and disbursement of state categorical aid program dollars; audit and budget submission requirements

(1)
Each school providing instruction to children with speech-language impairment shall certify to the State Department of Education its student enrollment in the same manner as local school districts.
(2)
The state shall ensure that each school is treated equitably in the calculation and disbursement of all state categorical aid program dollars. Each school participating in the scholarship program shall comply with all reporting requirements to receive the aid.
(3)
(a)
Each nonpublic school shall adhere to generally accepted accounting principles as promulgated by nationally recognized professional organizations.
(b)
Each school shall have its financial records audited annually, at the end of each fiscal year, by the State Auditor and shall file a copy of each audit report and accompanying management letter with the board by July 30.
(4)
Nothing in this chapter shall be construed to prohibit any person or organization from providing funding or other assistance to the establishment or operation of any school authorized under this chapter, except religious or sectarian organizations. The State Board of Education, acting on behalf of the participating schools, is authorized to accept gifts, donations, and grants of any kind made to a participating school and to expend or use such gifts, donations, and grants in accordance with the conditions prescribed by the donor; however, no gift, donation, or grant may be accepted if subject to a condition that is contrary to any provision of federal law, state law or board rule.
Added by Laws, 2013, ch. 564, HB 896, 13, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 175 - MISSISSIPPI SPEECH-LANGUAGE THERAPY SCHOLARSHIP FOR STUDENTS WITH SPEECH-LANGUAGE IMPAIRMENTS PROGRAM (§§ 37-175-1 — 37-175-29) › Section 37-175-27 - Liability for award or use of Mississippi Speech-Language Therapy Scholarship

No liability shall arise on the part of the state based on the award or use of a Mississippi Speech-Language Therapy Scholarship.
Added by Laws, 2013, ch. 564, HB 896, 14, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 175 - MISSISSIPPI SPEECH-LANGUAGE THERAPY SCHOLARSHIP FOR STUDENTS WITH SPEECH-LANGUAGE IMPAIRMENTS PROGRAM (§§ 37-175-1 — 37-175-29) › Section 37-175-29 - No expansion of regulatory authority of state over nonpublic schools beyond what is necessary to enforce this chapter

The inclusion of eligible nonpublic schools within options available to Mississippi public school students does not expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of nonpublic schools beyond those reasonably necessary to enforce requirements expressly set forth in this chapter.
Added by Laws, 2013, ch. 564, HB 896, 15, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 177 - LITERACY-BASED PROMOTION ACT (§§ 37-177-1 — 37-177-21) › Section 37-177-3 - Written notification to parent or guardian of determination of reading deficiency; contents of notification

Immediately upon the determination of a reading deficiency, and subsequently with each quarterly progress report until the deficiency is remediated, the parent or legal guardian of a Kindergarten or First-, Second- or Third-Grade student who exhibits a substantial deficiency in reading must be notified in writing by the student's teacher of the following:
(a)
That the student has been identified as having a substantial deficiency in reading;
(b)
A description of the services that the school district currently is providing to the student;
(c)
A description of the proposed supplemental instructional services and supports that are designed to remediate the identified area of reading deficiency which the school district plans to provide the student, as outlined in the student's individual reading plan;
(d)
That if the student's reading deficiency is not remediated before the end of the student's Third-Grade year, the student will not be promoted to Fourth Grade unless a good cause exemption specified under Section
37-177-11
is met;
(e)
Strategies for parents and guardians to use in helping the student to succeed in reading proficiency; and
(f)
That while the state annual accountability assessment for reading in Third Grade is the initial determinant, it is not the sole determiner of promotion and that approved alternative standardized assessments are available to assist the school district in knowing when a child is reading at or above grade level and ready for promotion to the next grade.
Amended by Laws, 2016, ch. 451, SB 2157, 2, eff. 7/1/2016.
Added by Laws, 2013, ch. 495, SB 2347, 2, eff. 4/17/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 177 - LITERACY-BASED PROMOTION ACT (§§ 37-177-1 — 37-177-21) › Section 37-177-5 - Establishment of Mississippi Reading Panel; purpose; composition

The State Department of Education shall establish a Mississippi Reading Panel to collaborate with the State Department of Education in recommending appropriate equitable alternative standardized assessments and cut scores to be used to determine promotion to the Fourth Grade of those Third-Grade students who did not score at the required achievement level on the state annual accountability assessment, as outlined in Section
37-177-9
, or who, for unforeseen circumstances, were unable to take the assessment. The panel should have knowledge and input in the adoption or development of a universal screener for required use only in select schools most in need for the reading intervention program to identify reading deficiencies and determine progress. A suggestive list of no less than four (4) screening assessments should be available to schools not selected for the critical reading intervention program taking into consideration those screening assessments already being used satisfactorily in Mississippi elementary schools. An approved alternative standardized reading assessment may be used in years when the state is transitioning to a new state annual accountability assessment. The panel shall consist of six (6) members as follows: the State Superintendent of Education, or his/her designee, who will chair the committee; the Chair of the House Education Committee, or his designee; the Chairman of the Senate Education Committee, or his designee; one (1) member appointed by the Governor; and two (2) additional members appointed by the State Superintendent of Education.
Amended by Laws, 2016, ch. 451, SB 2157, 3, eff. 7/1/2016.
Added by Laws, 2013, ch. 495, SB 2347, 3, eff. 4/17/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 177 - LITERACY-BASED PROMOTION ACT (§§ 37-177-1 — 37-177-21) › Section 37-177-7 - Selection of schools for reading intervention program; supervisory position in each school responsible for implementation of reading intervention program; use of data coaches pilot programs in certain "C" level or low performing districts or schools

The State Department of Education shall:
(a)
Select schools most in need for the reading intervention program and create criteria for selection for participation based on number and percentages of students scoring in the lowest two (2) achievement levels on state-adopted yearly reading assessments, screening results, and other relevant data;
(b)
Assign a supervisory position within each school to be responsible for the faithful implementation of the Reading Intervention Program; and
(c)
Subject to legislative appropriation, the Mississippi Department of Education shall conduct a program with willing "C" level or low-performing districts and/or schools. The program shall focus on the use of data coaches to improve reading and literacy, to determine the effectiveness of intense data-focused professional development, provide expert support in literacy and early reading instruction but it shall not necessarily be limited to literacy. Data coaches should be experts in both pedagogy and data analysis who facilitate professional learning community meetings, and provide observation and feedback, to help teachers and district leaders build skills in using data to inform instruction. Schools and districts selected by the department to participate in the program shall agree to involve the school and district leadership team as directed by the department. The Mississippi Department of Education is authorized to include pre-school programs it deems appropriate. The department is authorized to contract with a private sector provider to implement the program and work in partnership with four-year institutions of higher learning to develop and implement the program.
Amended by Laws, 2016, ch. 473, SB 2388, 1, eff. 7/1/2016.
Amended by Laws, 2014, ch. 536, SB 2572, 1, eff. 7/1/2014.
Added by Laws, 2013, ch. 495, SB 2347, 4, eff. 4/17/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 177 - LITERACY-BASED PROMOTION ACT (§§ 37-177-1 — 37-177-21) › Section 37-177-9 - Assignment of grade level based on student's age or other social promotion prohibited; promotion to grade 4 prohibited unless reading deficiency remedied before end of grade 3

A public school student may not be assigned a grade level based solely on the student's age or any other factors that constitute social promotion.
Beginning in the 2014-2015 school year, if a student's reading deficiency is not remedied by the end of the student's Third-Grade year, as demonstrated by the student scoring at the lowest achievement level in reading on the state annual accountability assessment or on an approved alternative standardized assessment for Third Grade, the student shall not be promoted to Fourth Grade.
Beginning in the 2018-2019 school year, if a student's reading deficiency is not remedied by the end of the student's Third-Grade year, as demonstrated by the student scoring above the lowest two (2) achievement levels in reading on the state annual accountability assessment or on an approved alternative standardized assessment for Third Grade, the student shall not be promoted to Fourth Grade.
Amended by Laws, 2016, ch. 451, SB 2157, 4, eff. 7/1/2016.
Added by Laws, 2013, ch. 495, SB 2347, 5, eff. 4/17/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 177 - LITERACY-BASED PROMOTION ACT (§§ 37-177-1 — 37-177-21) › Section 37-177-13 - Actions required of school districts for grade 3 students not promoted to grade 4

Beginning in the 2014-2015 school year, each school district shall take the following actions for retained Third-Grade students:
(a)
Provide Third-Grade students who are not promoted with intensive instructional services, progress monitoring measures, and supports to remediate the identified areas of reading deficiency, as outlined in the student's individual reading plan, including a minimum of ninety (90) minutes during regular school hours of daily, scientifically research-based reading instruction that includes phonemic awareness, phonics, fluency, vocabulary and comprehension, and other strategies prescribed by the school district, which may include, but are not limited to:
(i)
Small group instruction;
(ii)
Reduced teacher-student ratios;
(iii)
Tutoring in scientifically research-based reading services in addition to the regular school day;
(iv)
The option of transition classes;
(v)
Extended school day, week or year; and
(vi)
Summer reading camps.
(b)
Provide written notification to the parent or legal guardian of any Third-Grade student who is retained that the student has not met the proficiency level required for promotion and the reasons the student is not eligible for a good cause exemption. The notification must include a description of proposed interventions and supports that will be provided to the child to remediate the identified areas of reading deficiency, as outlined in the student's individual reading plan. This notification must be provided to the parent or legal guardian in writing, in a format adopted by the State Board of Education in addition to report cards given by the teacher.
(c)
Provide Third-Grade students who are retained with a high-performing teacher, as determined by student performance data, particularly related to student growth in reading, above-satisfactory performance appraisals, and/or specific training relevant to implementation of this chapter.
(d)
Provide parents and legal guardians of Third-Grade students with a "Read at Home" plan outlined in a parental contract, including participation in regular parent-guided home reading.
Amended by Laws, 2016, ch. 451, SB 2157, 6, eff. 7/1/2016.
Added by Laws, 2013, ch. 495, SB 2347, 7, eff. 4/17/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 177 - LITERACY-BASED PROMOTION ACT (§§ 37-177-1 — 37-177-21) › Section 37-177-15 - Intensive acceleration class for certain students; purpose

Each district may provide, where applicable, an intensive acceleration class for any student retained in Grade 3 who was previously retained in Kindergarten or Grades 1 through 3. The focus of the intensive acceleration class should be to increase a student's reading level at least two (2) grade levels in one (1) school year. The intensive acceleration class should provide reading instruction and intervention for the majority of student contact each day and incorporate opportunities to master the Grade 4 state standards in other core academic areas.
Added by Laws, 2013, ch. 495, SB 2347, 8, eff. 4/17/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 177 - LITERACY-BASED PROMOTION ACT (§§ 37-177-1 — 37-177-21) › Section 37-177-17 - Annual report regarding student progression and student retention and promotion

(1)
Within thirty (30) days of final State Board of Education approval of state accountability results, the school board of each school district must publish, in a newspaper having a general circulation within the school district, and report to the State Board of Education and the Mississippi Reading Panel the following information relating to the preceding school year:
(a)
The provisions of this chapter relating to public school student progression and the school district's policies and procedures on student retention and promotion;
(b)
By grade, the number and percentage of all students performing at each level of competency on the reading and math portion of the annual state accountability system and the number and percentage of students given an approved alternative standardized reading assessment and the percentage of these students performing at each competency level on said alternative standardized assessment;
(c)
By grade, the number and percentage of all students retained in Kindergarten through Grade 8;
(d)
Information on the total number and percentage of students who were promoted for good cause, by each category of good cause described in Section
37-177-11
; and
(e)
Any revisions to the school board's policy on student retention and promotion from the prior school year.
(2)
The State Department of Education shall establish a uniform format for school districts to report the information required in subsection (1) of this section. The format must be developed with input from school boards and must be provided no later than ninety (90) days before the annual due date of the information. The department shall compile annually the required district information, along with state-level summary information, and report the information to the Governor, Senate, House of Representatives and general public.
Added by Laws, 2013, ch. 495, SB 2347, 9, eff. 4/17/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 177 - LITERACY-BASED PROMOTION ACT (§§ 37-177-1 — 37-177-21) › Section 37-177-19 - Implementation of chapter

(1)
The State Board of Education shall adopt such policies, rules and regulations as may be necessary for the implementation of this chapter.
(2)
The State Department of Education shall provide such technical assistance and training of teachers/administrators as may be needed to aid local school districts in administering the provisions of this chapter.
(3)
Each local school district must include provisions required by this chapter as an addition to the district's published handbook of policy for employees and students beginning in school year 2013-2014.
Added by Laws, 2013, ch. 495, SB 2347, 10, eff. 4/17/2013.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 177 - LITERACY-BASED PROMOTION ACT (§§ 37-177-1 — 37-177-21) › Section 37-177-21 - Certain components of provisions of this chapter subject to legislative appropriation

The provisions of this chapter which include components necessary to provide for teacher training, instructional materials, remedial education training and administration of an intensive literacy curriculum shall be subject to legislative appropriation.
Added by Laws, 2013, ch. 495, SB 2347, 11, eff. 4/17/2013.
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 37-181-1 - [Repealed effective 7/1/2028] Title

This chapter shall be known and may be cited as "The Equal Opportunity for Students with Special Needs Act."
Reenacted by Laws, 2024, ch. 518, HB 1229,§ 7, eff. 7/1/2024.
Reenacted by Laws, 2020, ch. 386, SB 2594,§ 1, eff. 6/25/2020.
Added by Laws, 2015, ch. 441, § 1, eff. 4/16/2015.
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 37-181-7 - [Repealed effective 7/1/2028] Funding of Education Scholarship Accounts; approval of eligible students for program participation to be on a phased-in basis

(1)
New enrollment in the ESA program created in this chapter shall be limited to five hundred (500) additional students each year . Subject to appropriation from the General Fund, each student's ESA shall be funded at Six Thousand Five Hundred Dollars ($6,500.00) for school year 2015-2016. For each subsequent year, this amount shall increase or decrease by the same proportion as the student base amount under Section 37-151-203 is increased or decreased.
(2)
Subject to appropriation, eligible students shall be approved for participation in the ESA program as follows:
(a)
Students shall be approved on a first-come, first-served basis, with applications being reviewed on a rolling basis;
(b)
After participation reaches fifty percent (50%) of the annual enrollment limits in subsection (1) of this section, the department shall set annual application deadlines for the remaining number of available ESAs and begin to maintain a waiting list of eligible students. The waitlist shall only include eligible students who have certified 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. The waitlist will be maintained in the chronological order in which applications are received. The department shall award ESA program applications in chronological order according to the waitlist; and
(c)
Participating students who remain eligible for the ESA program are automatically approved for participation for the following year and are not subject to the random selection process.
(3)
No funds for an ESA may be expended from the total funding formula funds provided in this act, nor shall any school district be required to provide funding for an ESA.
Amended by Laws, 2024, ch. 518, HB 1229,§ 2, eff. 7/1/2024.
Amended by Laws, 2024, ch. 484, HB 4130,§ 110, eff. 7/1/2024.
Amended by Laws, 2020, ch. 386, SB 2594,§ 4, eff. 6/25/2020.
Added by Laws, 2015, ch. 441, § 4, eff. 4/16/2015.
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 37-181-9 - [Repealed effective 7/1/2028] Responsibilities of department

(1)
The department shall create a standard form that parents or guardians of students submit to establish their student's eligibility for an Education Scholarship Account. The department shall ensure that the application is readily available to interested families through various sources, including the department's website and the copy of procedural safeguards annually given to parents or guardians. To be considered, an application must include certification that the student has been accepted into an eligible school qualified to provide services for the student's disability or special education needs, or provide services addressing a participating student's IEP.
(2)
The department shall provide parents or guardians of participating students with a written explanation of the allowable uses of Education Scholarship Accounts, the responsibilities of parents and the duties of the department. This information shall also be made available on the department's website.
(3)
The department shall annually notify all students with an IEP of the existence of the ESA program and shall ensure that lower-income families are made aware of their potential eligibility.
(4)
The department may deduct an amount up to a limit of six percent (6%) from appropriations used to fund Education Scholarship Accounts to cover the costs of overseeing the funds and administering the ESA program.
(5)
(a)
The department shall make a determination of eligibility, and shall approve the application, within twenty-one (21) business days of receiving an application for participation in the ESA program, subject to the provisions of Section
37-181-3(b)
.
(b)
The department shall provide for a procedure that children with a ruling of hearing impairment or children suspected of a hearing loss shall receive a comprehensive educational assessment which may include the areas of cognitive development, language/speech, audiological and academic achievement from the state-funded Mississippi Assistance Center for Hearing Loss. Children with a ruling of visual impairment or children suspected of a visual impairment shall receive a comprehensive low vision evaluation from the state-funded Low Vision Clinic.
(6)
The home school district shall provide the parent or guardian of a participating student with a complete copy of the student's school records, while complying with the Family Educational Rights and Privacy Act of 1974 (20 USCS Section 1232(g)). The record shall be provided no later than thirty (30) days after a parent signs an agreement to participate in the ESA program.
Amended by Laws, 2024, ch. 518, HB 1229,§ 3, eff. 7/1/2024.
Amended by Laws, 2020, ch. 386, SB 2594,§ 5, eff. 6/25/2020.
Added by Laws, 2015, ch. 441, § 5, eff. 4/16/2015.
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 37-181-11 - [Repealed effective 7/1/2028] Adoption of rules and policies for administration of program; development of system for payment of benefits; prevention of fraud

(1)
To ensure that funds are spent appropriately, the State Department of Education shall adopt rules and policies necessary for the administration of the ESA program, including the auditing of Education Scholarship Accounts, and shall conduct or contract for random audits throughout the year.
(2)
(a)
The department shall develop a system for payment of benefits, including, but not limited to, allowing educational service providers to invoice the department for qualified expenses consistent with Section
37-181-5(2)
, or allowing the parent or guardian who submitted the ESA program application to seek reimbursement for qualified expenses consistent with Section
37-181-5(2)
.
(b)
The department may make payments to educational service providers or reimbursement to the parent or guardian who submitted the ESA program application via check or warrant or electronic funds transfer or any other means of payment deemed to be commercially viable or cost-effective.
(c)
The department may also establish by rule that some payments to educational service providers will be made on a quarterly basis, rather than an annual basis, if the educational services will be rendered over an extended period of time.
(3)
The department shall adopt a process for removing educational service providers that defraud parents and for referring cases of fraud to law enforcement.
(4)
The department shall establish or contract for the establishment of an online anonymous fraud reporting service.
(5)
The department shall establish or contract for the establishment of an anonymous telephone hotline for fraud reporting.
Reenacted by Laws, 2024, ch. 518, HB 1229,§ 9, eff. 7/1/2024.
Amended by Laws, 2020, ch. 386, SB 2594,§ 6, eff. 6/25/2020.
Added by Laws, 2015, ch. 441, § 6, eff. 4/16/2015.
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 37-181-15 - [Repealed effective 7/1/2028] Obligations of schools to become and remain eligible

(1)
To ensure that students are treated fairly and kept safe, all eligible schools shall:
(a)
Comply with the nondiscrimination policies set forth in 42 USCS 1981;
(b)
Prior to a participating student's application for enrollment, provide parents or guardians with details of the school's programs, record of student achievement, qualifications, experience, capacities to serve students with special needs, and capacity to serve the participating student within the scope of their IEP;
(c)
Comply with all health and safety laws or codes that apply to nonpublic schools;
(d)
Hold a valid occupancy permit if required by their municipality;
(e)
Have no public record of fraud or malfeasance;
(f)
Require participating students to take a pre-assessment at the beginning of the school year and a post-assessment at the end of the school year. The eligible school shall have the option to select their current assessment used to demonstrate academic progress, a nationally standardized norm-referenced achievement test, or a current state board-approved screener;
(g)
Notify a parent or guardian applying for the ESA program that the parent or guardian waives the right of the participating student to an individual entitlement to a free and 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;
(h)
Conduct criminal background checks on employees and:
(i)
Exclude from employment any person not permitted by state law to work in a nonpublic school; and
(ii)
Exclude from employment any person who might reasonably pose a threat to the safety of students; and
(i)
An eligible school shall certify to the department upon enrollment of a participating student that the eligible school shall provide services for the participating student's disability or special education needs, or shall provide services addressing a participating student's IEP. Such certification must be received by the department before the ESA is reimbursed to an eligible student.
(2)
Failure to comply with these requirements shall deem the eligible school ineligible to participate in the ESA program the following year.
Amended by Laws, 2024, ch. 518, HB 1229,§ 5, eff. 7/1/2024.
Amended by Laws, 2020, ch. 386, SB 2594,§ 8, eff. 6/25/2020.
Added by Laws, 2015, ch. 441, § 8, eff. 4/16/2015.
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 37-181-17 - [Repealed effective 7/1/2028] Education Scholarship Account program does not expand state regulatory authority or impose additional regulation of schools participating in program

(1)
An eligible nonpublic school is autonomous and not an agent of the state or federal government and therefore:
(a)
The State Department of Education or any other government agency shall not regulate the educational program of a nonpublic school, postsecondary institution or educational service provider that accepts funds from the parent or guardian of a participating student beyond the requirements of the ESA program as promulgated in this chapter;
(b)
The creation of the Education Scholarship Account program does not expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of nonpublic schools, postsecondary institutions or educational service providers beyond those necessary to enforce the requirements of the ESA program; and
(c)
Eligible schools, postsecondary institutions and educational service providers shall be given the maximum freedom to provide for the educational needs of their students without governmental control. No eligible school, postsecondary institution or educational service provider shall be required to alter its creed, practices, admission policies or curriculum in order to accept participating students.
(2)
Eligible schools, or the parent or guardian who submitted the ESA application, must submit student performance data to the State Department of Education at the end of the school year, including the individual results of the pre-assessment and post-assessment required in Section
37-181-15(f)
. The department shall develop a uniformed reporting format for eligible schools to use when submitting assessment results.
(3)
In any legal proceeding challenging the application of this chapter to an eligible school, postsecondary institution or educational service provider the state bears the burden of establishing that the law is necessary and does not impose any undue burden on the eligible school, postsecondary institution or educational service provider.
Amended by Laws, 2024, ch. 518, HB 1229,§ 6, eff. 7/1/2024.
Amended by Laws, 2020, ch. 386, SB 2594,§ 9, eff. 6/25/2020.
Added by Laws, 2015, ch. 441, § 9, eff. 4/16/2015.
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 37-181-19 - [Repealed effective 7/1/2028] Sources of funding of Education Scholarship Accounts

The State Department of Education may receive and expend contributions from any public or private source to fund ESAs for participating students.
Reenacted by Laws, 2024, ch. 518, HB 1229,§ 10, eff. 7/1/2024.
Reenacted by Laws, 2020, ch. 386, SB 2594,§ 10, eff. 6/25/2020.
Added by Laws, 2015, ch. 441, § 10, eff. 4/16/2015.
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 37-181-21 - [Repealed effective 7/1/2028] Severability

If any provision of this law or its application is held invalid, the invalidity does not affect other provisions or applications of this law which can be given effect without the invalid provision or application and to this end the provisions of this law are severable.
Reenacted by Laws, 2024, ch. 518, HB 1229,§ 11, eff. 7/1/2024.
Reenacted by Laws, 2020, ch. 386, SB 2594,§ 11, eff. 6/25/2020.
Added by Laws, 2015, ch. 441, § 11, eff. 4/16/2015.
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 37-181-23 - [Repealed effective 7/1/2028] Repeal of Sections 37-181-1 through 37-181-23

Sections
37-181-1
through
37-181-23
, Mississippi Code of 1972, shall stand repealed on July 1, 2028.
Amended by Laws, 2024, ch. 518, HB 1229,§ 12, eff. 7/1/2024.
Added by Laws, 2020, ch. 386, SB 2594,§ 12, eff. 6/25/2020.
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 183 - POSTSECONDARY EDUCATION COVID-19 MITIGATION RELIEF PROGRAM ACT (§§ 37-183-1 — 37-183-9) › Section 37-183-1 - Short title

This chapter shall be known and may be cited as the "Postsecondary Education COVID-19 Mitigation Relief Program Act."
Added by Laws, 2020, ch. 489, HB 1793,§ 1, (became law without the Governor's signature on July 9, 2020).
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 183 - POSTSECONDARY EDUCATION COVID-19 MITIGATION RELIEF PROGRAM ACT (§§ 37-183-1 — 37-183-9) › Section 37-183-7 - Application for grant by eligible postsecondary educational institution; use of funds; audit; terms and conditions of program

(1)
Any eligible postsecondary educational institution desiring to participate in the program shall make application for a grant to the department in a form satisfactory to the department. The application shall include verified documentation, signed under penalty of perjury.
(2)
The department shall use the funds appropriated by the Legislature from the Budget Contingency Fund to make grants to eligible postsecondary educational institutions pursuant to applications submitted under subsection (1) of this section, to cover future COVID-19-eligible expenses or provide reimbursement for previously incurred COVID-19-eligible expenses.
(3)
The use of grants shall be subject to audit by the United States Department of the Treasury's Office of Inspector General and the Mississippi Office of the State Auditor. An eligible postsecondary educational institution found to be fully or partially noncompliant with grant requirements shall return to the state all of the grant monies received and used for unallowable expenditures. Applicants shall confirm their understanding of these terms.
(4)
The program shall be subject to the following terms and conditions:
(a)
The aggregate amount of grant funds which may be awarded to any single postsecondary educational institution under the provisions of this chapter shall not exceed the dollar amount specified for such postsecondary educational institution authorized under subsections (3)(b) and (4)(b) of Section
37-183-5
;
(b)
Grant funds shall only be awarded in the amount indicated in the eligible postsecondary educational institution's application as itemized eligible expenses, subject to approval by the department; and
(c)
An eligible postsecondary educational institution is not limited to submitting only one (1) application for grant funds, but may submit new applications for grant funds, following the guidelines required by the department, until such time that it has received the aggregate amount of funds for which it is eligible to be awarded.
Added by Laws, 2020, ch. 489, HB 1793,§ 4, (became law without the Governor's signature on July 9, 2020).
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 183 - POSTSECONDARY EDUCATION COVID-19 MITIGATION RELIEF PROGRAM ACT (§§ 37-183-1 — 37-183-9) › Section 37-183-9 - Postsecondary Education COVID-19 Mitigation Relief Grant Fund created

There is created a special fund in the State Treasury, to be known as the "Postsecondary Education COVID-19 Mitigation Relief Grant Fund," from which the grants authorized by this chapter shall be disbursed by the department. All monies shall be disbursed from the fund in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus Relief Fund established by the CARES Act.
Amended by Laws, 2020, ch. 502, HB 1811,§ 4, (became law without the Governor' signature on October 9, 2020).
Added by Laws, 2020, ch. 489, HB 1793,§ 5, (became law without the Governor's signature on July 9, 2020).
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 185 - GRANT PROGRAMS FOR INDEPENDENT PRIMARY AND SECONDARY SCHOOLS, COLLEGES AND UNIVERSITIES (§§ 37-185-1 — 37-185-31) › Section 37-185-1 - Short title

Sections 37-185-1 through
37-185-9
shall be known, and may be cited as the "Independent Schools' COVID-19 Assistance Grant Program Act."
Added by Laws, 2020, ch. 489, HB 1793,§ 7, (became law without the Governor's signature on July 9, 2020).
Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 185 - GRANT PROGRAMS FOR INDEPENDENT PRIMARY AND SECONDARY SCHOOLS, COLLEGES AND UNIVERSITIES (§§ 37-185-1 — 37-185-31) › Section 37-185-5 - Independent Schools' COVID-19 Assistance Grant Program established; purpose; application; award and allocation of funds

(1)
The Independent Schools' COVID-19 Assistance Grant Program is established, to be administered by the MDA, for the purpose of making grants to eligible independent schools to provide reimbursements for eligible expenses, as defined in Section
37-185-3
.
(2)
From the date of the beginning of the period for applications for grants under this section, the MDA shall consider and review applications from eligible independent schools that did not receive and have not been awarded reimbursement under any other federal program for the expenses that will be reimbursed by a grant under this section.
(3)
The MDA shall develop regulations, procedures and application forms to govern the administration of the program, which at a minimum, shall require eligible independent schools to:
(a)
Submit an application for a grant for reimbursement;
(b)
Demonstrate the need and purpose of the grant funds received to mitigate the impact of COVID-19 on the operation of the school and its delivery of instruction; and
(c)
Provide an itemized list of reimbursable eligible expenses as defined in Section
37-185-3
, which the independent school has previously incurred, is presently incurring or will incur before December 30, 2020, as such expenses relate to mitigation of the impact of COVID-19.
(4)
The MDA may retain One Hundred Thousand Dollars ($100,000.00) for the administration of the program.
(5)
The department shall report on the utilization of the program to the Chairs of the Universities and Colleges Committees of the Senate and the House of Representatives, the Lieutenant Governor, the Speaker of the House and the Governor by October 1, 2020. At a minimum, the report shall contain:
(a)
The name of each eligible independent school;
(b)
The total amount of reimbursement requested by each eligible independent school; and
(c)
The total amount of reimbursement received by each eligible independent school.
Added by Laws, 2020, ch. 489, HB 1793,§ 9, (became law without the Governor's signature on July 9, 2020).