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 A - GENERAL › Definitions › Section 7-34-A-300.14 - Equipment

Current through June 25, 2024
Equipment
means
(a) Machinery, utilities, and built-in
				  equipment, and any necessary enclosures or structures to house the machinery,
				  utilities, or equipment; and
(b)
				  All other items necessary for the functioning of a particular facility as a
				  facility for the provision of educational services, including items such as
				  instructional equipment and necessary furniture; printed, published and
				  audio-visual instructional materials; telecommunications, sensory, and other
				  technological aids and devices; and books, periodicals, documents, and other
				  related materials.
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 A - GENERAL › Definitions › Section 7-34-A-300.15 - Evaluation

Current through June 25, 2024
Evaluation
means procedures used in
					 accordance with
federal or State regulations
to
					 determine whether a child has a disability and the nature and extent of the
					 special education and related services that the child needs.
(See
					 definition of evaluation in §§300.304 through 300.311
					 )
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 A - GENERAL › Definitions › Section 7-34-A-300.16 - Excess costs

Current through June 25, 2024
Excess costs
means those costs that are in
					 excess of the average annual per-student expenditure in an LEA during the
					 preceding school year for an elementary school or secondary school student, as
					 may be appropriate, and that must be computed after deducting-
(a) Amounts received-
(1) Under Part B of
IDEA
;
(2) Under
				  Part A of
T
itle I of the ESEA; and
(3) Under Parts A and B of
T
itle III of the ESEA and;
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 A - GENERAL › Definitions › Section 7-34-A-300.17 - Free appropriate public education

Current through June 25, 2024
Free appropriate public education
or
FAPE
means special education and related services that
(a) Are provided at public expense, under
				  public supervision and direction, and without charge;
(b) Meet the standards of the
MDE
				  and
the requirements of
the IDEA 2004
				  regulations;
(c) Include
				  an appropriate preschool, elementary school, or secondary school education in
Mississippi
; and
(d) Are provided in conformity with an
				  individualized education program (IEP) that meets the requirements of
				  §§300.320 through 300.324.
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 A - GENERAL › Definitions › Section 7-34-A-300.18 - Highly qualified special education teachers

Current through June 25, 2024
(a)
Requirements for special education teachers teaching core academic
				  subjects.
For any public elementary or secondary school special
				  education teacher teaching core academic subjects, the term
highly
				  qualified
has the meaning given the term in section 9101 of the ESEA
				  and 34 CFR
§
200.56, except that the requirements for
				  highly qualified also-
(1) Include the
				  requirements described in paragraph (b)
below
; and
(2) Include the option for teachers to meet
				  the requirements of section 9101 of the ESEA by meeting the requirements of
paragraphs
(c) and (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 A - GENERAL › Definitions › Section 7-34-A-300.19 - Homeless children

Current through June 25, 2024
Homeless children
has the meaning given
					 the term
homeless children and youth
in section 725 (
					 42 U.S.C.
					 11434 a ) of the McKinney-Vento Homeless
					 Assistance Act, as amended,
					 42 U.S.C.
					 11431
et seq.
See Reference
					 Guide.
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 A - GENERAL › Definitions › Section 7-34-A-300.20 - Include

Current through June 25, 2024
Include
means that the items named are not
					 all of the possible items that are covered, whether like or unlike the ones
					 named.
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 A - GENERAL › Definitions › Section 7-34-A-300.21 - Indian and Indian tribe

Current through June 25, 2024
(a)
Indian
means an individual who is a member of an Indian
				  tribe.
(b)
Indian
				  tribe
means any
f
ederal or State Indian tribe, band,
				  rancheria, pueblo, colony, or community, including any Alaska Native village or
				  regional village corporation (as defined in or established under the Alaska
				  Native Claims Settlement Act,
				  43 U.S.C.
				  1601
et seq.
).
(c) Nothing in this definition is intended to
				  indicate that the Secretary of the Interior is required to provide services or
				  funding to a State Indian tribe that is not listed in the Federal Register list
				  of Indian entities recognized as eligible to receive services from the United
				  States, published pursuant to Section 104 of the Federally Recognized Indian
				  Tribe List Act of 1994,
				  25
				  U.S.C. 479 a1.
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 A - GENERAL › Definitions › Section 7-34-A-300.22 - Individualized education program (IEP)

Current through June 25, 2024
Individualized education program
or
IEP
means a written statement for a child with a disability
					 that is developed, reviewed, and revised in accordance with §§300.320
					 through 300.324.
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 A - GENERAL › Definitions › Section 7-34-A-300.23 - Individualized education program committee

Current through June 25, 2024
Individualized education program
committee
or IEP
committee
means a group of
					 individuals described in §300.321 that is responsible for developing,
					 reviewing, or revising an IEP for a 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 A - GENERAL › Definitions › Section 7-34-A-300.24 - Individualized family service plan (IFSP)

Current through June 25, 2024
Individualized family service plan
or
IFSP
has the meaning given the term in section 636 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 A - GENERAL › Definitions › Section 7-34-A-300.25 - Infant or toddler with a disability

Current through June 25, 2024
The term
or toddler with a
					 disability-
(a) Means
a
				  child
under three
(3)
years of age who needs early
				  intervention services because the
child
-
(1) Is experiencing developmental delays, as
				  measured by appropriate diagnostic instruments and procedures in one
(1)
or more of the areas of cognitive development, physical
				  development, communication development, social or emotional development, and
				  adaptive development; or
(2) Has a
				  diagnosed physical or mental condition that has a high probability of resulting
				  in developmental delay.
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 A - GENERAL › Definitions › Section 7-34-A-300.26 - Institution of higher education

Current through June 25, 2024
Institution of higher education
means an
					 educational institution in any State that
-
(a) Has the meaning given the term in section
				  101 of the Higher Education Act of 1965, as amended,
				  20
				  U.S.C. 1021
et seq.
(HEA);
				  and
(b) Also includes any community
				  college receiving funds from the Secretary of the Interior under the Tribally
				  Controlled Community College or University Assistance Act of 1978,
				  25
				  U.S.C. 1801,
et
				  seq.
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 A - GENERAL › Definitions › Section 7-34-A-300.27 - Limited English proficient (LEP)

Current through June 25, 2024
Limited English proficient
has the meaning
					 given the term in section 9101(25) of the ESEA.
See Reference
					 Guide.
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 A - GENERAL › Definitions › Section 7-34-A-300.28 - Local educational agency (LEA)

Current through June 25, 2024
(a)
General. Local educational agency or LEA
means a public board
				  of education or other public authority legally constituted within
Mississippi
for either administrative control or direction of,
				  or to perform a service function for, public elementary or secondary schools in
				  a city, county, township, school district, or other political subdivision of
the
State, or for a combination of school districts or
				  counties as are recognized in
the
State as an administrative
				  agency for its public elementary schools or secondary schools.
(b)
Educational service agencies and
				  other public institutions or agencies.
The term includes-
(1) An educational service agency as defined
				  in §300.12; and
(2) Any other
				  public institution or agency having administrative control and direction of a
				  public elementary school or secondary school, including a public nonprofit
				  charter school that is established as an LEA under State law.
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 A - GENERAL › Definitions › Section 7-34-A-300.29 - Native language

Current through June 25, 2024
(a)
Native
				  language
, when used with respect to an individual who is limited
				  English proficient, means the following-
(1)
				  The language normally used by that individual, or, in the case of a child, the
				  language normally used by the parents of the child, except as provided in
				  paragraph (a)(2)
below
.
(2) In all direct contact with a child
				  (including evaluation of the child), the language normally used by the child in
				  the home or learning environment.
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 A - GENERAL › Definitions › Section 7-34-A-300.30 - Parent

Current through June 25, 2024
(a)
Parent
means-
(1) A biological or adoptive parent of a
				  child;
(2) A foster parent, unless
				  State law, regulations, or contractual obligations with a State or local entity
				  prohibit a foster parent from acting as a parent;
(3) A guardian generally authorized to act as
				  the child's parent, or authorized to make educational decisions for the child
				  (but not the State if the child is a ward of the State);
(4) An individual acting in the place of a
				  biological or adoptive parent (including a grandparent, stepparent, or other
				  relative) with whom the child lives, or an individual who is legally
				  responsible for the child's welfare; or
(5) A surrogate parent who has been
				  appointed.
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 A - GENERAL › Definitions › Section 7-34-A-300.31 - Parent training and information center

Current through June 25, 2024
Parent training and information center
means a center assisted under sections 671 or 672 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 A - GENERAL › Definitions › Section 7-34-A-300.32 - Personally identifiable

Current through June 25, 2024
Personally identifiable
means information
					 that contains
(a) The name of the
				  child, the child's parent, or other family member;
(b) The address of the child;
(c) A personal identifier, such as the
				  child's social security number or student number; or
(d) A list of personal characteristics or
				  other information that would make it possible to identify the child with
				  reasonable certainty.
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 A - GENERAL › Definitions › Section 7-34-A-300.33 - Public agency

Current through June 25, 2024
Public agency
includes the
Mississippi Department of Education
(
MDE
), LEAs,
					 E
ducational
S
ervice
A
gencies
, nonprofit public charter schools that
					 are not
a school of an
LEA or
					 E
ducational
S
ervice
A
gency
, and any other political subdivisions of
Mississippi
that are responsible for providing
					 education to children with disabilities.
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 A - GENERAL › Definitions › Section 7-34-A-300.34 - Related services

Current through June 25, 2024
(a)
General. Related services
means transportation and such
				  developmental, corrective, and other supportive services as are required to
				  assist a child with a disability to benefit from special education, and
				  includes speech-language pathology and audiology services, interpreting
				  services, psychological services, physical and occupational therapy,
				  recreation, including therapeutic recreation, early identification and
				  assessment of disabilities in children, counseling services, including
				  rehabilitation counseling, orientation and mobility services, and medical
				  services for diagnostic or evaluation purposes. Related services also include
				  school health services and school nurse services, social work services in
				  schools, and parent counseling and training.
(b)
Exception; services that apply to
				  children with surgically implanted devices, including cochlear
				  implants.
(1) Related services do
				  not include a medical device that is surgically implanted, the optimization of
				  that device's functioning (e.g., mapping), maintenance of that device, or the
				  replacement of that device.
(2)
				  Nothing in paragraph (b)(1)
above
(i) Limits the right of a child with a
				  surgically implanted device (e.g., cochlear implant) to receive related
				  services (as listed in paragraph (a) of this section) that are determined by
				  the IEP
committee
to be necessary for the child to receive
				  FAPE.
(ii) Limits the
				  responsibility of a public agency to appropriately monitor and maintain medical
				  devices that are needed to maintain the health and safety of the child,
				  including breathing, nutrition, or operation of other bodily functions, while
				  the child is transported to and from school or is at school; or
(iii) Prevents the routine checking of an
				  external component of a surgically implanted device to make sure it is
				  functioning properly, as required in §300.113(b).
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 A - GENERAL › Definitions › Section 7-34-A-300.35 - Scientifically based research

Current through June 25, 2024
Scientifically based research
has the
					 meaning given the term in section 9101(37) of the ESEA.
See
					 Reference Guide.
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 A - GENERAL › Definitions › Section 7-34-A-300.36 - Secondary school

Current through June 25, 2024
Secondary school
means a nonprofit
					 institutional day or residential school, including a public secondary charter
					 school that provides secondary education, as determined under State law, except
					 that it does not include any education beyond grade
twelve
					 (
12
)
.
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 A - GENERAL › Definitions › Section 7-34-A-300.37 - Services plan

Current through June 25, 2024
Services plan
means a written statement
					 that describes the special education and related services the LEA will provide
					 to a parentally-placed child with a disability enrolled in a private school who
					 has been designated to receive services, including the location of the services
					 and any transportation necessary, consistent with §300.132, and is
					 developed and implemented in accordance with §§300.137 through
					 300.139.
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 A - GENERAL › Definitions › Section 7-34-A-300.39 - Special education

Current through June 25, 2024
(a)
General.
(1)
Special
				  education
means specially designed instruction, at no cost to the
				  parents, to meet the unique needs of a child with a disability, including-
(i) Instruction conducted in the classroom,
				  in the home, in hospitals and institutions, and in other settings;
				  and
(ii) Instruction in physical
				  education.
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 A - GENERAL › Definitions › Section 7-34-A-300.40 - State

Current through June 25, 2024
State
means each of the
fifty (
50
)
States,
					 the District of Columbia, the Commonwealth of Puerto Rico, and each of the
					 outlying areas.
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 A - GENERAL › Definitions › Section 7-34-A-300.41 - State educational agency

Current through June 25, 2024
State educational agency
or
SEA
means the State Board of Education or other agency or
					 officer primarily responsible for the State supervision of public elementary
					 schools and secondary schools, or, if there is no such officer or agency, an
					 officer or agency designated by the Governor or by State law.
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 A - GENERAL › Definitions › Section 7-34-A-300.42 - Supplementary aids and services

Current through June 25, 2024
Supplementary aids and services
means
					 aids, services, and other supports that are provided in
general
education classes, other
					 education-related settings, and in extracurricular and nonacademic settings, to
					 enable children with disabilities to be educated with nondisabled children to
					 the maximum extent appropriate in accordance with §§300.114 through
					 300.116.
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 A - GENERAL › Definitions › Section 7-34-A-300.43 - Transition services

Current through June 25, 2024
(a)
Transition services
means a coordinated set of activities for
				  a child with a disability that-
(1) Is
				  designed to be within a results-oriented process, that is focused on improving
				  the academic and functional achievement of the child with a disability to
				  facilitate the child's movement from school to post-school activities,
				  including postsecondary education, vocational education, integrated employment
				  (including supported employment), continuing and adult education, adult
				  services, independent living, or community participation;
(2) Is based on the individual child's needs,
				  taking into account the child's strengths, preferences and interests; and
				  includes
(i) Instruction;
(ii) Related services;
(iii) Community experiences;
(iv) The development of employment and other
				  post-school adult living objectives; and
(v) If appropriate, acquisition of daily
				  living skills and provision of a functional vocational evaluation.
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 A - GENERAL › Definitions › Section 7-34-A-300.44 - Universal design

Current through June 25, 2024
Universal design
means
A concept or philosophy for designing and
					 delivering products and services that are usable by people with the widest
					 possible range of functional capabilities, which include products and services
					 that are directly accessible (without requiring assistive technologies) and
					 products and services that are interoperable with assistive
					 technologies.
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 A - GENERAL › Definitions › Section 7-34-A-300.45 - Ward of the State

Current through June 25, 2024
(a)
General.
Subject to paragraph (b)
below
,
ward of the State
means a child who, as determined by the
				  State where the child resides, is-
(1) A
				  foster child;
(2) A ward of the
				  State; or
(3) In the custody of a
				  public child welfare 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 B - STATE ELIGIBILITY › General › Section 7-34-B-300.101 - Free appropriate public education (FAPE)

Current through June 25, 2024
(a)
General. FAPE
must be available to all children
with
				  disabilities
residing in
Mississippi
between the ages
				  of
three (
3
)
and
twenty
				  (20)
, inclusive, including children with disabilities who have been
				  suspended or expelled from school as provided for in §300.530(d).
Note: See Miss. Code Ann. §§
													37-23-1
					 through
					 37-23-150.
FAPE is available to all children with
					 disabilities residing in the state between the ages
of three (3) and twenty (20),
					 inclusive.
(b)
FAPE for children beginning at
				  age three (3).
(1) Each
public agency
must ensure that-
(i) The obligation to make FAPE available to
				  each eligible child residing in the State begins no later than the child's
				  third birthday; and
(ii) An IEP or
				  an IFSP is in effect for the child by that date in accordance with
				  §300.323(b).
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 B - STATE ELIGIBILITY › General › Section 7-34-B-300.102 - Limitation - exception to FAPE for certain ages

Current through June 25, 2024
(a)
General.
The obligation to make FAPE available to all children
				  with disabilities does not apply with respect to the following-
(1) Children aged
twenty-one
				  (
21
)
in
Mississippi
to the extent
				  that its application to those children would be inconsistent with
Mississippi
law or practice, or the order of any court,
				  respecting the provision of public education to children of those ages.
Note: See Miss. Code Ann. §
														37-23-1.
(2)
(i) Children aged
eighteen
				  (
18
)
through
twenty-one
				  (
21
)
to the extent that
Mississippi
law does not require that special education and related services under Part B
				  of
IDEA
be provided to students with disabilities who, in the
				  last educational placement prior to their incarceration in an adult
				  correctional facility -
(A) Were not actually
				  identified as being a child with a disability
as defined in
§300.8; and
(B) Did not have
				  an IEP under Part B of
IDEA
.
(ii) The exception in paragraph (a)(2)(i)
above
does not apply to children with disabilities, aged
eighteen (
18
)
through
twenty-one
				  (
21
)
, who-
(A) Had
				  been identified as a child with a disability
as defined in
§300.8 and had received services in accordance with an IEP, but who left
				  school prior to their incarceration; or
(B) Did not have an IEP in their last
				  educational setting, but who had actually been identified as a child with a
				  disability
as defined in
§300.8.
(3)
(i) Children with disabilities who have
				  graduated from high school with a
standard
high school
				  diploma.
(ii) The exception
specified
in paragraph (a)(3)(i)
above,
does
				  not apply to children who have graduated from high school but have not been
				  awarded a
standard
high school diploma.
(iii) Graduation from high school with a
standard
high school diploma constitutes a change in placement
				  requiring written prior notice in accordance with §300.503.
(iv)
T
he term
standard
high school diploma
does not include
				  an alternative degree that is not fully aligned with the
State Board of
				  Education (SBE)
academic standards, such as a certificate,
the
				  Mississippi Occupational Diploma (MOD)
, or a general educational
				  development (GED) credential.
(4) Children with disabilities who are
				  eligible under subpart H
(Preschool Grants for Children with
				  Disabilities)
, but who receive early intervention services under Part
				  C 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 B - STATE ELIGIBILITY › Other FAPE Requirements › Section 7-34-B-300.103 - FAPE methods and payments

Current through June 25, 2024
(a)
Mississippi
may use whatever State, local,
f
ederal, and private sources of support are available in
Mississippi
to meet the requirements of
the IDEA 2004
				  regulations
. For example, if it is necessary to place a child with a
				  disability in a residential facility,
Mississippi
could use
				  joint agreements between the agencies involved for sharing the cost of that
				  placement.
(b) Nothing in
the IDEA 2004 regulations or herein
relieves an insurer or
				  similar third party from an otherwise valid obligation to provide or to pay for
				  services provided to a child with a disability.
(c) Consistent with §300.323(c),
each public agency
must ensure that there is no delay in
				  implementing a child's IEP, including any case in which the payment source for
				  providing or paying for special education and related services to the child is
				  being determined.
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 B - STATE ELIGIBILITY › Other FAPE Requirements › Section 7-34-B-300.104 - Residential placement

Current through June 25, 2024
If placement in a public or private residential program is
					 necessary to provide special education and related services to a child with a
					 disability, the program, including non-medical care and room and board, must be
					 at no cost to the parents 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 B - STATE ELIGIBILITY › Other FAPE Requirements › Section 7-34-B-300.105 - Assistive technology

Current through June 25, 2024
(a) Each public
				  agency must ensure that assistive technology devices or assistive technology
				  services, or both, are made available to a child with a disability if required
				  as a part of the child's-
(1) Special
				  education
as defined in
§300.36;
(2) Related services
as defined
				  in
§300.34; or
(3)
				  Supplementary aids and services
as defined in
§§300.38 and 300.114(a)(2)(ii).
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 B - STATE ELIGIBILITY › Other FAPE Requirements › Section 7-34-B-300.106 - Extended school year services (ESY)

Current through June 25, 2024
(a)
General.
(1) Each public
				  agency must ensure that extended school year services are available as
				  necessary to provide FAPE, consistent with paragraph (a)(2)
below
and
in State Board of Education Policy 7212
				  (available on the MDE website at
http://www.mde.k12.ms.us/special_education/pdfs/ESY_Handbook_20
					 03.pdf)
.
(2)
ESY
services must be
				  provided only if a child's IEP
committee
determines, on an
				  individual basis, in accordance with §§300.320 through 300.324, that
				  the services are necessary for the provision of FAPE to the child.
Students with disabilities who turn age
					 twenty-one (21) during the school year and who are eligible for ESY services
					 may be served in an ESY program as determined by the IEP
					 committee.
(3) In implementing the
ESY
requirements, a public agency may not-
(i)
				  Limit
ESY
services to particular categories of disability;
				  or
(ii) Unilaterally limit the
				  type, amount, or duration of those services.
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 B - STATE ELIGIBILITY › Other FAPE Requirements › Section 7-34-B-300.107 - Nonacademic services

Current through June 25, 2024
(a) Each public
				  agency must take steps, including the provision of supplementary aids and
				  services determined appropriate and necessary by the child's IEP
committee
, to provide nonacademic and extracurricular services
				  and activities in the manner necessary to afford children with disabilities an
				  equal opportunity for participation in those services and activities.
(b) Nonacademic and extracurricular services
				  and activities may include counseling services,
meals, recess periods,
				  homeroom, activity periods, field trips
, athletics, recreational
				  activities, transportation, health services, special interest groups or clubs
				  sponsored by the public agency, referrals to agencies that provide assistance
				  to individuals with disabilities, and employment of students, including both
				  employment by the public agency and assistance in making outside employment
				  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 B - STATE ELIGIBILITY › Other FAPE Requirements › Section 7-34-B-300.108 - Physical education

Current through June 25, 2024
Each
public
					 agenc
y
in
Mississippi
					 must
comply with the following-
(a)
General.
Physical
				  education services, specially designed if necessary, must be made available to
				  every child with a disability receiving FAPE, unless the public agency enrolls
				  children without disabilities and does not provide physical education to
				  children without disabilities in the same grades.
(b)
Regular physical
				  education.
Each child with a disability must be afforded the
				  opportunity to participate in the regular physical education program available
				  to nondisabled children unless-
(1) The child
				  is enrolled full time in a separate facility; or
(2) The child needs specially designed
				  physical education, as prescribed in the child's IEP.
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 B - STATE ELIGIBILITY › Other FAPE Requirements › Section 7-34-B-300.109 - Full educational opportunity goal (FEOG)

Current through June 25, 2024
Mississippi has in effect a goal of providing
					 full educational opportunity to all children with disabilities residing in the
					 State age birth through twenty-one (21).
State law assigns to the Mississippi State
					 Department of Health the responsibility for children with disabilities from
					 birth through age two (2). State law mandates FAPE to all children residing in
					 the State from age three (3) through age twenty (20). It is the policy of the
					 MDE that the provision of FAPE will continue for a student with a disability
					 through the school year in which the student reaches age twenty-one (21), if
					 the student was enrolled in a public agency and was age twenty (20) on or
					 before September 1.
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 B - STATE ELIGIBILITY › Other FAPE Requirements › Section 7-34-B-300.110 - Program options

Current through June 25, 2024
Each public agency
must take
steps to ensure that its children with disabilities have available to them the
					 variety of educational programs and services available to nondisabled children
					 in the area served by the agency, including art, music, industrial arts,
					 consumer and homemaking education, and vocational education.
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 B - STATE ELIGIBILITY › Other FAPE Requirements › Section 7-34-B-300.111 - Child Find

Current through June 25, 2024
(a)
General. Each public
				  agency
must have in effect policies and procedures to ensure that-
(i) All children with disabilities residing
				  in
Mississippi
, including children with disabilities who are
				  homeless children or are wards of the State, and children with disabilities
				  attending private schools, regardless of the severity of their disabilities,
				  and who are in need of special education and related services are identified,
				  located, and evaluated; and
(ii) A
				  practical method is developed and implemented to determine which children are
				  currently receiving needed special education and related
				  services.
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 B - STATE ELIGIBILITY › Other FAPE Requirements › Section 7-34-B-300.112 - Individualized education programs (IEP)

Current through June 25, 2024
Each public agency
must
					 ensure that an IEP, or an IFSP that meets the requirements of
§
636(d) of
IDEA
, is developed, reviewed and revised for each
					 child with a disability in accordance with §§300.320 through 300.324
					 except as provided in §300.300(b)(4)(ii).
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 B - STATE ELIGIBILITY › Other FAPE Requirements › Section 7-34-B-300.113 - Routine checking of hearing aids and external components of surgically implanted medical devices

Current through June 25, 2024
(a)
Hearing
				  aids.
Each public agency must ensure that hearing aids worn in school
				  by children with hearing impairments, including deafness, are functioning
				  properly.
(b)
External
				  components of surgically implanted medical devices.
(1)
E
ach public agency must
				  ensure that the external components of surgically implanted medical devices are
				  functioning properly.
(2) For a
				  child with a surgically implanted medical device who is receiving special
				  education and related services, a public agency is not responsible for the
				  post-surgical maintenance, programming, or replacement of the medical device
				  that has been surgically implanted (or of an external component of the
				  surgically implanted medical device).
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 B - STATE ELIGIBILITY › Least Restrictive Environment (LRE) › Section 7-34-B-300.114 - LRE requirements

Current through June 25, 2024
(a)
General
.
(1)
Each
public agenc
y in Mississippi
must have
				  in effect policies and procedures to ensure the LRE requirements
as
				  stated below are being met
.
(2) Each public agency must ensure that
(i) To the maximum extent appropriate,
				  children with disabilities, including children in public or private
				  institutions or other care facilities, are educated with children who are
				  nondisabled; and
(ii) Special
				  classes, separate schooling, or other removal of children with disabilities
				  from the
general
educational environment occurs only if the
				  nature or severity of the disability is such that education in
general
				  education
classes with the use of supplementary aids and services
				  cannot be achieved satisfactorily.
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 B - STATE ELIGIBILITY › Least Restrictive Environment (LRE) › Section 7-34-B-300.115 - Continuum of alternative placements

Current through June 25, 2024
(a) Each public
				  agency must ensure that a continuum of alternative placements is available to
				  meet the needs of children with disabilities for special education and related
				  services.
(b) The continuum
of alternative placements available to meet the needs of
children with disabilities for special education and related
				  services
must-
(1) Include the
				  alternative placements listed in the definition of special education under
				  §300.39 (instruction in regular classes, special classes, special schools,
				  home instruction, and instruction in hospitals and institutions); and
(2) Make provision for supplementary services
				  (such as resource room or itinerant instruction) to be provided in conjunction
				  with
general education
class placement.
(3) Provide access to general State-wide and
				  district-wide assessment programs, with appropriate accommodations, where
				  necessary.
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 B - STATE ELIGIBILITY › Least Restrictive Environment (LRE) › Section 7-34-B-300.116 - Placements

Current through June 25, 2024
In determining the educational placement of a child with a
					 disability, including a preschool child with a disability, each public agency
					 must ensure that-
(a) The placement
				  decision-
(1) Is made by a group of persons,
				  including the parents, and other persons knowledgeable about the child, the
				  meaning of the evaluation data, and the placement options; and
(2) Is made in conformity with the LRE
				  provisions of
these regulations
;
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 B - STATE ELIGIBILITY › Least Restrictive Environment (LRE) › Section 7-34-B-300.117 - Nonacademic settings

Current through June 25, 2024
In providing or arranging for the provision of nonacademic
					 and extracurricular services and activities, including meals, recess periods,
					 and the services and activities set forth in §300.107 each public agency
					 must ensure that each child with a disability participates with nondisabled
					 children in the extracurricular services and activities to the maximum extent
					 appropriate to the needs of that child. The public agency must ensure that each
					 child with a disability has the supplementary aids and services determined by
					 the child's IEP
committee
to be appropriate and
					 necessary for the child to participate in nonacademic
					 settings.
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 B - STATE ELIGIBILITY › Least Restrictive Environment (LRE) › Section 7-34-B-300.118 - Children in public or private institutions

Current through June 25, 2024
Except as provided in §300.149(d) (regarding agency
					 responsibility for general supervision for some individuals in adult prisons),
the public agencies
must ensure that
the LRE requirements are
effectively implemented,
					 including, if necessary, making arrangements with public and private
					 institutions (such as a memorandum of agreement or special implementation
					 procedures).
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 B - STATE ELIGIBILITY › Least Restrictive Environment (LRE) › Section 7-34-B-300.119 - Technical assistance and training activities

Current through June 25, 2024
The
MDE implements
activities
					 to ensure that teachers and administrators in all public agencies-
(a) Are fully informed about their
				  responsibilities for implementing
the LRE requirements
;
				  and
(b) Are provided with technical
				  assistance and training necessary to assist them in this effort.
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 B - STATE ELIGIBILITY › Least Restrictive Environment (LRE) › Section 7-34-B-300.120 - Monitoring activities

Current through June 25, 2024
(a) The
MDE
				  implements
activities to ensure that
the LRE requirements
				  are
implemented by each public agency.
(b) If there is evidence that a public agency
				  makes placements that are inconsistent with
the LRE
				  requirements
, the
MDE
(1) Review
s
the public
				  agency's justification for its actions; and
(2) Assist
s
in planning and
				  implementing any necessary corrective action.
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 B - STATE ELIGIBILITY › Additional Eligibility Requirements › Section 7-34-B-300.121 - Procedural safeguards

Current through June 25, 2024
(a)
General.
The
MDE and each public agency in
				  Mississippi
have procedural safeguards in effect to ensure that the
				  requirements of §§300.500 through 300.536
are
				  met
.
(b)
Procedural safeguards identified.
Children with disabilities
				  and their parents must be afforded procedural safeguards.
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 B - STATE ELIGIBILITY › Additional Eligibility Requirements › Section 7-34-B-300.122 - Evaluation

Current through June 25, 2024
Children with disabilities must be evaluated in accordance
					 with
Part B of IDEA and MDE
					 policies
.
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 B - STATE ELIGIBILITY › Additional Eligibility Requirements › Section 7-34-B-300.123 - Confidentiality of personally identifiable information

Current through June 25, 2024
Each public agency
must have
					 policies and procedures in effect to ensure that public agencies in the State
					 comply with §§300.610 through 300.626 related to protecting the
					 confidentiality of any personally identifiable information collected, used, or
					 maintained under Part B of
IDEA and under MDE's policies and
					 procedures
.
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 B - STATE ELIGIBILITY › Additional Eligibility Requirements › Section 7-34-B-300.124 - Transition of children from the IDEA Part C Program to Part B preschool programs

Current through June 25, 2024
Each public agency
must have
					 in effect policies and procedures to ensure that-
(a) Children participating in early
				  intervention programs assisted under Part C of
IDEA
, and who
				  will participate in preschool programs assisted under Part B of
IDEA
, experience a smooth and effective transition to those
				  preschool programs in a manner consistent with section 637(a)(9) of
IDEA
;
(b) By the
				  third birthday of a child, an IEP, or an IFSP, has been developed and is being
				  implemented for the child consistent with
FAPE
.
(c) Each affected LEA will participate in
				  transition planning conferences arranged by the designated lead agency
for Part C
.
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 B - STATE ELIGIBILITY › Children in Private Schools › Section 7-34-B-300.129 - State responsibility regarding children in private schools

Current through June 25, 2024
It is the policy of the MDE
					 to
ensure that LEAs meet the private school requirements in
					 §§300.130 through 300.148
(Children with Disabilities
					 Enrolled by Their Parents in Private
					 Schools)
.