reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Individualized Education Programs › Section 7-34-D-300.321 - IEP committee

Current through June 25, 2024
(a)
General.
The public agency must ensure that the IEP
committee
for each child with a disability includes
(1) The parents of the child;
(2) Not less than one
general
education teacher of the child (if the child is, or
				  may be, participating in the
general
education
				  environment);
(3) Not less than one
				  special education teacher of the child, or where appropriate, not less than one
				  special education provider of the child;
(4) A representative of the public agency who
(i) Is qualified to provide, or supervise the
				  provision of, specially designed instruction to meet the unique needs of
				  children with disabilities;
(ii) Is
				  knowledgeable about the general education curriculum; and
(iii) Is knowledgeable about the availability
				  of resources of the public agency.
(5) An individual who can interpret the
				  instructional implications of evaluation results, who may be a member of the
				  team described in paragraphs (a)(2)
above
through (a)(6)
below
;
(6) At the
				  discretion of the parent or the agency, other individuals who have knowledge or
				  special expertise regarding the child, including related services personnel as
				  appropriate; and
(7) Whenever
				  appropriate, the child with a disability.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Individualized Education Programs › Section 7-34-D-300.322 - Parent participation

Current through June 25, 2024
(a)
Public
				  agency responsibility general.
Each public agency must take steps to
				  ensure that one or both of the parents of a child with a disability are present
				  at each IEP
committee
meeting or are afforded the opportunity
				  to participate, including
(1) Notifying
				  parents early enough of the meeting to ensure that they will have an
				  opportunity to attend; and
(2)
				  Scheduling the meeting at a mutually agreed on time and place.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Individualized Education Programs › Section 7-34-D-300.323 - When IEPs must be in effect

Current through June 25, 2024
(a)
General.
At the beginning of each school year, each public
				  agency must have in effect, for each child with a disability within its
				  jurisdiction, an IEP, as defined in §300.320.
(b)
IEP or IFSP for children aged
				  three (3) through five (5).
(1) In
				  the case of a child with a disability aged three
(3)
through
				  five
(5) and
a two-year-old child with a disability who will
				  turn age three
(3)
during the school year, the IEP
committee
must consider an IFSP that contains the IFSP content
				  (including the natural environments statement) described in section 636(d) of
IDEA
and its implementing regulations (including an
				  educational component that promotes school readiness and incorporates
				  pre-literacy, language, and numeracy skills for children with IFSPs under this
				  section who are at least three
(3)
years of age), and that is
				  developed in accordance with the IEP procedures under this part. The IFSP may
				  serve as the IEP of the child, if using the IFSP as the IEP is
(i) Consistent with State policy;
				  and
(ii) Agreed to by the agency
				  and the child's parents.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Development of IEP › Section 7-34-D-300.324 - Development, review, and revision of IEP

Current through June 25, 2024
(a)
Development of IEP
(1)
General.
In developing each child's IEP, the IEP
committee
must consider
(i)
				  The strengths of the child;
(ii)
				  The concerns of the parents for enhancing the education of their
				  child;
(iii) The results of the
				  initial or most recent evaluation of the child; and
(iv) The academic, developmental, and
				  functional needs of the child.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Development of IEP › Section 7-34-D-300.325 - Private school placements by public agencies

Current through June 25, 2024
(a)
Developing IEPs.
(1) Before
				  a public agency places a child with a disability in, or refers a child to, a
				  private school or facility, the agency initiate
s
and
				  conduct
s
a meeting to develop an IEP for the child in
				  accordance with §§300.320 and 300.324.
(2) The agency ensure
s
that
				  a representative of the private school or facility attends the meeting. If the
				  representative cannot attend, the agency must use other methods to ensure
				  participation by the private school or facility, including individual or
				  conference telephone calls.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Development of IEP › Section 7-34-D-300.326 - Reserved

Current through June 25, 2024
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Development of IEP › Section 7-34-D-300.327 - Educational placements

Current through June 25, 2024
Consistent with §300.501(c), each public agency
					 ensure
s
that the parents of each child with a
					 disability are members of any group that makes decisions on the educational
					 placement of their child.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Development of IEP › Section 7-34-D-300.328 - Alternative means of meeting participation

Current through June 25, 2024
When conducting IEP
committee
meetings and placement meetings pursuant to this subpart, and subpart E of this
					 part, and carrying out administrative matters under section 615 of
IDEA
(such as scheduling, exchange of witness
					 lists, and status conferences), the parent of a child with a disability and a
					 public agency may agree to use alternative means of meeting participation, such
					 as video conferences and conference calls.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.500 - Responsibilities of Public Agencies

Current through June 25, 2024
Each public agency
must
establish, maintain, and implement procedural safeguards that meet the
					 requirements of §§300.500 through 300.536.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.501 - Opportunity to examine records; parent participation in meetings

Current through June 25, 2024
(a)
Opportunity to examine
				  records.
The parents of a child with a disability must be afforded, in
				  accordance with the procedures of §§300.613 through 300.621, an
				  opportunity to inspect and review all education records with respect to
(1) The identification, evaluation, and
				  educational placement of the child; and
(2) The provision of FAPE to the
				  child.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.502 - Independent educational evaluation

Current through June 25, 2024
(a)
General.
(1) The parents of a
				  child with a disability have the right under this part to obtain an independent
				  educational evaluation of the child, subject to paragraphs (b) through (e)
below
.
(2) Each
				  public agency must provide to parents, upon request for an independent
				  educational evaluation, information about where an independent educational
				  evaluation may be obtained, and the agency criteria applicable for independent
				  educational evaluations as set forth in paragraph (e)
below
.
(3) For the
				  purposes of this subpart
(i)
Independent educational evaluation
means an evaluation
				  conducted by a qualified examiner who is not employed by the public agency
				  responsible for the education of the child in question; and
(ii)
Public expense
means
				  that the public agency either pays for the full cost of the evaluation or
				  ensures that the evaluation is otherwise provided at no cost to the parent,
				  consistent with §300.103.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.503 - Prior notice by the public agency, content of notice

Current through June 25, 2024
(a)
Notice.
Unless the
				  parent waives the timeline, written notice that meets the requirements of
				  paragraph (b)
below
must be given to parents of a child with a
				  disability seven (7) calendar days before the public agency
(1) Proposes to initiate or change the
				  identification, evaluation, or educational placement of the child or the
				  provision of FAPE to the child; or
(2) Refuses to initiate or change the
				  identification, evaluation, or educational placement of the child or the
				  provision of FAPE to the child.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.504 - Procedural safeguards notice

Current through June 25, 2024
(a)
General.
A copy of the procedural safeguards available to the
				  parents of a child with a disability must be given to the parents only one time
				  a school year, except that a copy also must be given to the parent
(1) Upon initial referral or parent request
				  for evaluation;
(2) Upon receipt of
				  the first
formal
State complaint under §§300.151
				  through 300.153 and upon receipt of the first due process complaint under
				  §300.507 in a school year;
(3)
				  In accordance with the discipline procedures in §300.530(h); and
(4) Upon request by a parent.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.505 - Electronic mail

Current through June 25, 2024
A parent of a child with a disability may elect to receive
					 notices required by §§300.503, 300.504, and 300.508 by an electronic
					 mail communication, if the public agency makes that option
					 available.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.506 - Mediation

Current through June 25, 2024
(a)
General.
Each public
				  agency must ensure that procedures are established and implemented to allow
				  parties to disputes involving any matter under this part, including matters
				  arising prior to the filing of a due process complaint, to resolve disputes
				  through a mediation process.
(b)
Requirements.
The procedures meet the following requirements
(1) The procedures ensure that the mediation
				  process (i) Is voluntary on the part of the parties;
(ii) Is not used to deny or delay a parent's
				  right to a hearing on the parent's due process complaint, or to deny any other
				  rights afforded under Part B of
IDEA
; and
(iii) Is conducted by a qualified and
				  impartial mediator who is trained in effective mediation techniques.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.507 - Filing a due process complaint

Current through June 25, 2024
(a)
General.
(1) A parent or a
				  public agency may file a due process complaint
(request for a due
				  process hearing)
on any of the matters described in
				  §300.503(a)(1) and (2) (relating to the identification, evaluation or
				  educational placement of a child with a disability, or the provision of FAPE to
				  the child).
(2) The due process
				  complaint must allege a violation that occurred not more than two
(2)
years before the date the parent or public agency knew or
				  should have known about the alleged action that forms the basis of the due
				  process complaint, except that the exceptions to the timeline described in
				  §300.511(f) apply to the timeline in this section. (b)
Information
				  for parents.
The public agency must inform the parent of any free or
				  low-cost legal and other relevant services available in the area if
(1) The parent requests the information;
				  or
(2) The parent or the agency
				  files a due process complaint under this section.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.508 - Due process complaint

Current through June 25, 2024
(a)
General.
(1) The public
				  agency must have procedures that require either party, or the attorney
				  representing a party, to provide to the other party a due process complaint
				  (which must remain confidential).
(2) The party filing a due process complaint
				  must forward a copy of the due process complaint to the
Mississippi
				  Department of Education, Office of Special Education, P.O. Box 771, 359 North
				  West Street, Jackson, MS 39205
.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.509 - Model form

Current through June 25, 2024
(a) The
MDE has
develop
ed a
model form to assist parents and public agencies
				  in filing a request for due process complaint in accordance with
				  §§300.507(a) and 300.508(a) through (c) and to assist parents and
				  other parties in filing a
formal
State complaint under
				  §§300.151 through 300.153. However, use of the model forms
is
				  not
require
d
.
(b) Parents, public agencies, and other
				  parties may use the appropriate model form described in paragraph (a)
above
, or another form or other document, so long as the form
				  or document that is used meets, as appropriate, the content requirements of
				  §300.508(b) for filing a
due process
complaint.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.510 - Resolution process

Current through June 25, 2024
(a)
Resolution meeting.
(1)
				  Within
fifteen (
15
)
days of receiving notice
				  of the parent's due process complaint, and prior to the initiation of a due
				  process hearing under §300.511, the LEA must convene a meeting with the
				  parent and the relevant member or members of the IEP
committee
who have specific knowledge of the facts identified in the due process
				  complaint that
(i) Includes a representative
				  of the public agency who has decision-making authority on behalf of that
				  agency; and
(ii) May not include an
				  attorney of the LEA unless the parent is accompanied by an attorney.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.511 - Impartial due process hearing

Current through June 25, 2024
(a)
General.
Whenever a due process complaint is received under
				  §300.507 or §300.532 the parents or the LEA involved in the dispute
				  must have an opportunity for an impartial due process hearing, consistent with
				  the procedures in §§300.507, 300.508, and 300.510.
(b)
Agency responsible for conducting
				  the due process hearing.
The hearing described in paragraph (a)
above
must be conducted by
an impartial due process
				  hearing officer in accordance with State laws and MDE policies and
				  procedures
.
(c)
Impartial hearing officer.
(1) At a minimum, a hearing officer
(i) Must not be
(A) An employee of the
MDE
or the LEA that is involved in the education or care of the child; or
(B) A person having a personal or
				  professional interest that conflicts with the person's objectivity in the
				  hearing;
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.512 - Hearing rights

Current through June 25, 2024
(a)
General.
Any party to a hearing conducted pursuant to
				  §§300.507 through 300.513 or §§300.530 through 300.534, or
				  an appeal conducted pursuant to §300.514, has the right to
(1) Be accompanied and advised by counsel and
				  by individuals with special knowledge or training with respect to the problems
				  of children with disabilities, except that whether the parties have the right
				  to be represented by non-attorneys at due process hearings is determined under
				  State law;
(2) Present
				  evidence
,
confront, cross-examine and compel the attendance of
				  witnesses;
(3) Prohibit the
				  introduction of any evidence at the hearing that has not been disclosed to that
				  party at least five
(5)
business days before the
				  hearing;
(4) Obtain a written, or,
				  at the option of the parents, electronic, verbatim record of the hearing;
				  and
(5) Obtain written, or, at the
				  option of the parents, electronic findings of fact and decisions.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.513 - Hearing decisions

Current through June 25, 2024
(a)
Decision of the hearing officer on the provision of FAPE.
(1) Subject to paragraph (a)(2)
below
, a hearing officer's determination of whether a child
				  received FAPE must be on substantive grounds.
(2) In matters alleging a procedural
				  violation, a hearing officer may find that a child did not receive FAPE only if
				  the procedural inadequacies
(i) Impeded the
				  child's right to FAPE;
(ii)
				  Significantly impeded the parent's opportunity to participate in the
				  decision-making process regarding the provision of FAPE to the parent's child;
				  or
(iii) Caused a deprivation of
				  educational benefit.
(3)
				  Nothing in paragraph (a)
above
shall be construed to preclude
				  a hearing officer from ordering an LEA to comply with procedural requirements
				  under §§300.500 through 300.536.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.514 - Finality of decision; appeal; impartial review

Current through June 25, 2024
(a)
Finality of hearing decision.
A decision made in a hearing
				  conducted pursuant to §§300.507 through 300.513 or
				  §§300.530 through 300.534 is final.
(b) (
Omitted
)
(c) (
Omitted
)
(d)
Finality of review
				  decision.
The decision made by the reviewing official is final unless
				  a party brings a civil action under §300.516.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.515 - Timelines and convenience of hearings and reviews

Current through June 25, 2024
(a)
				  The
MDE
must ensure that not later than
forty-five
				  (
45
)
days after the expiration of the
thirty
				  (
30
)
day period under §300.510(b), or the
				  adjusted time periods described in §300.510(c)
(1) A final decision is reached in the
				  hearing; and
(2) A copy of the
				  decision is mailed to each of the parties.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.516 - Civil action

Current through June 25, 2024
(a)
General.
Any party aggrieved by the findings and decision made
				  under §§300.507 through 300.513 or §§300.530 through
				  300.534 who has the right to bring a civil action with respect to the due
				  process complaint notice requesting a due process hearing under §300.507
				  or §§300.530 through 300.532. The action may be brought in any State
				  court of competent jurisdiction or in a district court of the United States
				  without regard to the amount in controversy.
(b)
Time limitation.
The
				  party bringing the action shall have ninety (90) days from the date of the
				  decision of the hearing officer to file a civil action.
(c)
Additional requirements.
In any action brought under paragraph (a)
above
, the court
(1) Receives the records of the
				  administrative proceedings;
(2)
				  Hears additional evidence at the request of a party; and
(3) Basing its decision on the preponderance
				  of the evidence, grants the relief that the court determines to be
				  appropriate.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.517 - Attorneys' fees

Current through June 25, 2024
(a)
In general.
(1) In any action or proceeding brought under
				  section 615 of
IDEA
, the court, in its discretion, may award
				  reasonable attorneys' fees as part of the costs to
(i) The prevailing party who is the parent of
				  a child with a disability;
(ii) A
				  prevailing party who is
the MDE
or LEA against the attorney of
				  a parent who files a complaint or subsequent cause of action that is frivolous,
				  unreasonable, or without foundation, or against the attorney of a parent who
				  continued to litigate after the litigation clearly became frivolous,
				  unreasonable, or without foundation; or
(iii) A prevailing
MDE
or
				  LEA against the attorney of a parent, or against the parent, if the parent's
				  request for a due process hearing or subsequent cause of action was presented
				  for any improper purpose, such as to harass, to cause unnecessary delay, or to
				  needlessly increase the cost of litigation.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.518 - Child's status during proceedings

Current through June 25, 2024
(a) Except as
				  provided in §300.533, during the pendency of any administrative or
				  judicial proceeding regarding a due process complaint notice requesting a due
				  process hearing under §300.507, unless the
MDE
or local
				  agency and the parents of the child agree otherwise, the child involved in the
				  complaint must remain in his or her current educational placement.
(b) If the complaint involves an application
				  for initial admission to public school, the child, with the consent of the
				  parents, must be placed in the public school until the completion of all the
				  proceedings.
(c) If the complaint
				  involves an application for initial services under this part from a child who
				  is transitioning from Part C of
IDEA
to Part B and is no
				  longer eligible for Part C services because the child has turned three
(3)
, the public agency is not required to provide the Part C
				  services that the child had been receiving. If the child is found eligible for
				  special education and related services under Part B and the parent consents to
				  the initial provision of special education and related services under
				  §300.300(b), then the public agency must provide those special education
				  and related services that are not in dispute between the parent and public
				  agency.
(d) If the hearing officer
				  in a due process hearing conducted by the
MDE
agrees with the
				  child's parents that a change of placement is appropriate, that placement must
				  be treated as an agreement between the
MDE
and the parents for
				  purposes of paragraph (a)
above
.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.519 - Surrogate parents

Current through June 25, 2024
(a)
General.
Each public agency must ensure that the rights of a
				  child are protected when
(1) No parent (as
				  defined in §300.30 ) can be identified;
(2) The public agency, after reasonable
				  efforts, cannot locate a parent;
(3) The child is a ward of the State under
				  the laws of the State; or
(4) The
				  child is an unaccompanied homeless youth as defined in section 725(6) of the
				  McKinney-Vento Homeless Assistance Act [
				  42 U.S.C.
				  11434 a(6) ].
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Due Process Procedures for Parents of Children › Section 7-34-E-300.520 - Transfer of parental rights at age of majority

Current through June 25, 2024
(a)
General.
When a child with a disability reaches the age of
				  majority under State law that applies to all children (except for a child with
				  a disability who has been determined to be incompetent under State law)
(1)
(i) The
				  public agency must provide any notices required by
the IDEA 2004
				  regulations
to both the child and the parents; and
(ii) All rights accorded to parents under
the IDEA 2004 regulations
transfer to the child;
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Discipline Procedure › Section 7-34-E-300.530 - Authority of school personnel

Current through June 25, 2024
(a)
Case-by-case determination.
School personnel may consider any
				  unique circumstances on a case-by-case basis when determining whether a change
				  in placement, consistent with the other requirements of this section, is
				  appropriate for a child with a disability who violates a code of student
				  conduct.
(b)
General.
(1) School
				  personnel under this section, may remove a child with a disability who violates
				  a code of student conduct from his or her current placement to an appropriate
				  interim alternative educational setting, another setting, or suspension. for
				  not more than
ten (
10
)
consecutive school
				  days (to the extent those alternatives are applied to children without
				  disabilities), and for additional removals of not more than
ten
				  (
10
)
consecutive school days in that same school year
				  for separate incidents of misconduct (as long as those removals do not
				  constitute a change of placement under §300.536 ).
(2) After a child with a disability has been
				  removed from his or her current placement for
ten
				  (
10
)
school days in the same school year, during any
				  subsequent days of removal, the public agency must provide services to the
				  extent required under paragraph (d)
below
.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Discipline Procedure › Section 7-34-E-300.531 - Determination of setting

Current through June 25, 2024
The child's IEP
committee
determines the interim alternative educational setting for services under
					 §300.530(c), (d)(5), and (g).
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Discipline Procedure › Section 7-34-E-300.532 - Appeal

Current through June 25, 2024
(a)
General.
The parent of a
				  child with a disability who disagrees with any decision regarding placement
				  under §§300.530 and 300.531, or the manifestation determination under
				  §300.530(e), or an LEA that believes that maintaining the current
				  placement of the child is substantially likely to result in injury to the child
				  or others, may appeal the decision by requesting a hearing. The hearing is
				  requested by filing a complaint pursuant to §§300.507 and 300.508(a)
				  and (b).
(b)
Authority of
				  hearing officer.
(1) A hearing
				  officer under §300.511 hears, and makes a determination regarding an
				  appeal under paragraph (a)
above
.
(2) In making the determination under
				  paragraph (b)(1)
above
, the hearing officer may
(i) Return the child with a disability to the
				  placement from which the child was removed if the hearing officer determines
				  that the removal was a violation of §300.530 or that the child's behavior
				  was a manifestation of the child's disability; or
(ii) Order a change of placement of the child
				  with a disability to an appropriate interim alternative educational setting for
				  not more than
forty-five (
45
)
school days if
				  the hearing officer determines that maintaining the current placement of the
				  child is substantially likely to result in injury to the child or to
				  others.
(3) The
				  procedures under paragraphs (a) and (b)(1) and (2)
above
may
				  be repeated, if the LEA believes that returning the child to the original
				  placement is substantially likely to result in injury to the child or to
				  others.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Discipline Procedure › Section 7-34-E-300.533 - Placement during appeals

Current through June 25, 2024
When an appeal under §300.532 has been made by either
					 the parent or the LEA, the child must remain in the interim alternative
					 educational setting pending the decision of the hearing officer or until the
					 expiration of the time period specified in §300.530(c) or (g), whichever
					 occurs first, unless the parent and the
MDE
or
					 LEA agree otherwise.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Discipline Procedure › Section 7-34-E-300.534 - Protections for children not determined eligible for special education and related services

Current through June 25, 2024
(a)
General.
A child who has not been determined to be eligible
				  for special education and related services under this part and who has engaged
				  in behavior that violated a code of student conduct, may assert any of the
				  protections provided for in this part if the public agency had knowledge (as
				  determined in accordance with paragraph (b)
below
) that the
				  child was a child with a disability before the behavior that precipitated the
				  disciplinary action occurred.
(b)
Basis of knowledge.
A public agency must be deemed to have
				  knowledge that a child is a child with a disability if before the behavior that
				  precipitated the disciplinary action occurred
(1) The parent of the child expressed concern
				  in writing to supervisory or administrative personnel of the appropriate
				  educational agency, or a teacher of the child, that the child is in need of
				  special education and related services;
(2) The parent of the child requested an
				  evaluation of the child pursuant to §§300.300 through 300.311;
				  or
(3) The teacher of the child, or
				  other personnel of the LEA, expressed specific concerns about a pattern of
				  behavior demonstrated by the child directly to the director of special
				  education of the agency or to other supervisory personnel of the
				  agency.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Discipline Procedure › Section 7-34-E-300.535 - Referral to and action by law enforcement and judicial authorities

Current through June 25, 2024
(a)
Rule of construction.
Nothing in this part prohibits an agency from reporting a crime committed by a
				  child with a disability to appropriate authorities or prevents State law
				  enforcement and judicial authorities from exercising their responsibilities
				  with regard to the application of
f
ederal and State law to
				  crimes committed by a child with a disability.
(b)
Transmittal of records.
(1) An agency reporting a crime committed by
				  a child with a disability must ensure that copies of the special education and
				  disciplinary records of the child are transmitted for consideration by the
				  appropriate authorities to whom the agency reports the crime.
(2) An agency reporting a crime under this
				  section may transmit copies of the child's special education and disciplinary
				  records only to the extent that such transmission is permitted by the Family
				  Educational Rights and Privacy Act.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart E - PROCEDURAL SAFEGUARDS › Discipline Procedure › Section 7-34-E-300.536 - Change of placement because of disciplinary removals

Current through June 25, 2024
(a)
				  For purposes of removals of a child with a disability from the child's current
				  educational placement, under §§300.530 through 300.535, a change of
				  placement occurs if
(1) The removal is for
				  more than
ten (
10
)
consecutive school days;
				  or
(2) The child has been subjected
				  to a series of removals that constitute a pattern
(i) Because the series of removals total more
				  than
ten (
10
)
school days in a school
				  year;
(ii) Because the child's
				  behavior is substantially similar to the child's behavior in previous incidents
				  that resulted in the series of removals;
and
(iii) Because of such additional factors as
				  the length of each removal, the total amount of time the child has been
				  removed, and the proximity of the removals to one another.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Monitoring, Technical Assistance and Enforcement › Section 7-34-F-300.600 - State monitoring and enforcement

Current through June 25, 2024
(a) The
MDE
(1)
				  Monitor
s
the implementation of
Part B of
				  IDEA
;
(2)
				  Make
s
determinations annually about the performance of each
				  LEA using the categories in §300.603(b)(1);
(3) Enforce
s Part B of IDEA
,
				  consistent with §300.604, using appropriate enforcement mechanisms, which
				  must include, if applicable, the enforcement mechanisms identified in
				  §300.604(a)(1) (technical assistance), (a)(3) (conditions on funding of an
				  LEA), (b)(2)(i) (a corrective action plan or improvement plan), (b)(2)(v)
				  (withholding funds, in whole or in part, by the
MDE
);
				  and
(4) Report
s
annually on the performance of the State and of each LEA under
Part B
				  of IDEA
, as provided in §300.602(b)(1)(i)(A) and
				  (b)(2).
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Monitoring, Technical Assistance and Enforcement › Section 7-34-F-300.601 - State performance plans and data collection

Current through June 25, 2024
(a)
General. The MDE has
in place a performance plan that
				  evaluates the State's efforts to implement the requirements and purposes of
				  Part B of
IDEA
, and describes how the State will improve such
				  implementation.
(1)
The MDE
submit
s
the State
P
erformance
P
lan
(SPP)
to the Secretary
of the
				  U.S. Department of Education
for approval in accordance with the
				  approval process described in section 616(c) of
IDEA
.
(2)
The MDE
review
s the SPP
at least once every
				  six
(6)
years, and submit
s
any amendments to
				  the Secretary
of the U.S. Department of Education
.
(3) As part of the
SPP
,
the MDE
establish
ed
measurable and rigorous
				  targets for the indicators established by the Secretary
of the U.S.
				  Department of Education
under the priority areas described in
				  §300.600(d).
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Monitoring, Technical Assistance and Enforcement › Section 7-34-F-300.602 - State use of targets and reporting

Current through June 25, 2024
(a)
General. The MDE
use
s
the targets established
				  in
the SPP
under §300.601 and the priority areas
				  described in §300.600(d) to analyze the performance of each LEA.
(b)
Public reporting and
				  privacy
(1)
Public
				  report.
(i) Subject to paragraph
				  (b)(1)(ii)
below
, the
MDE
(A) Report
s
annually to the
				  public on the performance of each LEA located in
Mississippi
on the targets in the State performance plan as soon as practicable but no
				  later than 120 days following
Mississippi's
submission of its
				  annual performance report to the Secretary under paragraph (b)(2) of this
				  section; and
(B)
				  Make
s
each of the following items available through public
				  means:
Mississippi's
performance plan, under §300.601(a);
				  annual performance reports, under paragraph (b)(2) of this section; and
Mississippi's
annual reports on the performance of each LEA
				  located in the State, under paragraph (b)(1)(i)(A) of this section. In doing
				  so,
Mississippi
post
s
the plan and reports on
MDE's
website, and distribute
s
the plan and
				  reports to the media and through public agencies.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Monitoring, Technical Assistance and Enforcement › Section 7-34-F-300.603 - Omitted

Current through June 25, 2024
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Monitoring, Technical Assistance and Enforcement › Section 7-34-F-300.604 - Omitted

Current through June 25, 2024
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Monitoring, Technical Assistance and Enforcement › Section 7-34-F-300.605 - Omitted

Current through June 25, 2024
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Monitoring, Technical Assistance and Enforcement › Section 7-34-F-300.606 - Public Attention

Current through June 25, 2024
Whenever
Mississippi
receive
s
notice that the Secretary is proposing
					 to take or is taking an enforcement action pursuant to
34
					 CFR
§300.604,
the MDE will
,
					 by means of a public notice, take such actions as may be necessary to notify
					 the public within
Mississippi
of the pendency of
					 an action pursuant to
34 CFR
§300.604,
					 including, at a minimum, by posting the notice on the
MDE's
website and distributing the notice to the
					 media and through public agencies.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Monitoring, Technical Assistance and Enforcement › Section 7-34-F-300.607 - Omitted

Current through June 25, 2024
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Monitoring, Technical Assistance and Enforcement › Section 7-34-F-300.608 - State enforcement

Current through June 25, 2024
(a) If the
MDE
determines that an LEA is not meeting the requirements of
				  Part B of
IDEA
, including the targets in the
SPP
, the
MDE
must prohibit the LEA from
				  reducing the LEA's maintenance of effort under §300.203 for any fiscal
				  year.
(b) Nothing in
the
				  IDEA 2004 regulations or herein
shall be construed to restrict
the MDE
from utilizing any other authority available to it to
				  monitor and enforce the requirements of Part B of
IDEA
.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Monitoring, Technical Assistance and Enforcement › Section 7-34-F-300.609 - Omitted

Current through June 25, 2024
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.610 - Omitted

Current through June 25, 2024
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.611 - Definitions

Current through June 25, 2024
(a)
Destruction
means
				  physical destruction or removal of personal identifiers from information so
				  that the information is no longer personally identifiable.
(b)
Education records
means
				  the type of records covered under the definition of "education records" in 34
				  CFR part 99 (the regulations implementing the Family Educational Rights and
				  Privacy Act of 1974,
				  20
				  U.S.C. 1232(g) (FERPA)
				  ).
(c)
Participating
				  agency
means any agency or institution that collects, maintains, or
				  uses personally identifiable information, or from which information is
				  obtained, under Part B of
IDEA
.