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 B - STATE ELIGIBILITY › Children with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.130 - Definition of parentally-placed private school children with disabilities

Current through June 25, 2024
Parentally-placed private school children with
					 disabilities
means children with disabilities enrolled by their
					 parents in private, including religious, schools or facilities that meet the
					 definition of elementary school or secondary school.
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 with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.131 - Child Find for parentally-placed private school children with disabilities

Current through June 25, 2024
(a)
General.
Each LEA must locate, identify, and evaluate all
				  children with disabilities who are enrolled by their parents in private,
				  including religious, elementary and secondary schools located in the school
				  district served by the LEA, in accordance with paragraphs (b) through (e)
below
and §§300.311 and 300.201.
(b)
Child Find design.
The
C
hild
F
ind process must be designed to
				  ensure-
(1) The equitable participation of
				  parentally-placed private school children; and
(2) An accurate count of those
				  children.
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 with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.132 - Provision of services for parentally-placed private school children with disabilities basic requirement

Current through June 25, 2024
(a)
General.
To the extent consistent with the number and location
				  of children with disabilities who are enrolled by their parents in private,
				  including religious, elementary schools and secondary schools located in the
				  school district served by the LEA, provision is made for the participation of
				  those children in the program assisted or carried out under Part B of
IDEA
by providing them with special education and related
				  services, including direct services, unless the Secretary
of the U.S.
				  Department of Education
has arranged for services to those children
as stated in
the by-pass provisions of
34 CFR
§§300.190 through 300.198.
(b)
Services plan for
				  parentally-placed private school children with disabilities. A
services plan must be developed and implemented for each private school child
				  with a disability who has been designated by the LEA in which the private
				  school is located to receive special education and related services.
(c)
Record keeping
. Each LEA
				  must maintain in its records, and provide to the
MDE
, the
				  following information related to parentally-placed private school children
				  covered under §§300.130 through 300.144 -
(1) The number of children
				  evaluated;
(2) The number of
				  children determined to be children with disabilities; and
(3) The number of children served.
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 with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.133 - Expenditures

Current through June 25, 2024
(a)
Formula. E
ach LEA must
				  spend the following on providing special education and related services
				  (including direct services) to parentally-placed private school children with
				  disabilities
(1) For children aged
three (
3
)
through
twenty-one
				  (
21
)
, an amount that is the same proportion of the
				  LEA's total subgrant under section 611(f) of
IDEA
as the
				  number of private school children with disabilities aged
three
				  (
3
)
through
twenty-one
				  (
21
)
who are enrolled by their parents in private,
				  including religious, elementary schools and secondary schools located in the
				  school district served by the LEA, is to the total number of children with
				  disabilities in its jurisdiction aged
three
				  (
3
)
through
twenty-one
				  (
21
)
.
(2)
(i) For children aged three
(3)
through five
(5)
, an amount that is the
				  same proportion of the LEA's total subgrant under
§
619(g)
				  of
IDEA
as the number of parentally-placed private school
				  children with disabilities aged three
(3)
through five
(5)
who are enrolled by their parents in a private, including
				  religious elementary school located in the school district served by the LEA,
				  is to the total number of children with disabilities in its jurisdiction aged
				  three
(3)
through five
(5)
.
(ii)
C
hildren aged three
(3)
through five
(5)
are considered to be
				  parentally-placed private school children with disabilities enrolled by their
				  parents in private, including religious, elementary schools, if they are
				  enrolled in a private school that meets the definition of elementary
				  school.
(3) If an LEA has
				  not expended for equitable services all of the funds described
above
by the end of the fiscal year for which Congress
				  appropriated the funds, the LEA must obligate the remaining funds for special
				  education and related services (including direct services) to parentally-placed
				  private school children with disabilities during a carry-over period of one
				  additional year.
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 with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.134 - Consultation

Current through June 25, 2024
To ensure timely and meaningful consultation, an LEA, or,
					 if appropriate,
the MDE
, must consult with
					 private school representatives and representatives of parents of
					 parentally-placed private school children with disabilities during the design
					 and development of special education and related services for the children
					 regarding the following-
(a)
Child Find.
The
C
hild
F
ind
				  process, including-
(1) How parentally-placed
				  private school children suspected of having a disability can participate
				  equitably; and
(2) How parents,
				  teachers, and private school officials will be informed of the
				  process.
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 with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.135 - Written affirmation

Current through June 25, 2024
(a) When timely and
				  meaningful consultation, as required by §300.134, has occurred, the LEA
				  must obtain a written affirmation signed by the representatives of
				  participating private schools.
(b)
				  If the representatives do not provide the affirmation within a reasonable
				  period of time, the LEA must forward the documentation of the consultation
				  process to the
MDE
.
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 with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.136 - Compliance

Current through June 25, 2024
(a)
General.
A private
				  school official has the right to submit a complaint to the
MDE
that the LEA-
(1) Did not engage in
				  consultation that was meaningful and timely; or
(2) Did not give due consideration to the
				  views of the private school official.
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 with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.137 - Equitable services determined

Current through June 25, 2024
(a)
No
				  individual right to special education and related services.
No
				  parentally-placed private school child with a disability has an individual
				  right to receive some or all of the special education and related services that
				  the child would receive if enrolled in a public school.
(b)
Decisions.
(1) Decisions about the services that will be
				  provided to parentally-placed private school children with disabilities must be
				  made in accordance with paragraph (c)
below (Equitable Services
				  Determined)
and
				  §300.134(c)
(Consultation)
.
(2) The LEA must make the final decisions
				  with respect to the services to be provided to eligible parentally-placed
				  private school 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 B - STATE ELIGIBILITY › Children with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.138 - Equitable services provided

Current through June 25, 2024
(a)
General.
(1) The services
				  provided to parentally-placed private school children with disabilities must be
				  provided by personnel meeting the same standards as personnel providing
				  services in the public schools, except that private elementary school and
				  secondary school teachers who are providing equitable services to
				  parentally-placed private school children with disabilities do not have to meet
				  the highly qualified special education teacher requirements.
(2) Parentally-placed private school children
				  with disabilities may receive a different amount of services than children with
				  disabilities in public schools.
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 with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.139 - Location of services and transportation

Current through June 25, 2024
(a)
Services on private school premises.
Services to
				  parentally-placed private school children with disabilities may be provided on
				  the premises of private, including religious, schools, to the extent consistent
				  with law.
(b)
Transportation
(1)
General.
(i) If necessary
				  for the child to benefit from or participate in the services provided under
the IDEA 2004 regulations
, a parentally-
placed private school child with a disability must be
					 provided transportation-
(A) From the
				  child's school or the child's home to a site other than the private school;
				  and
(B) From the service site to
				  the private school, or to the child's home, depending on the timing of the
				  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 › Children with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.140 - Due process complaints and State complaints

Current through June 25, 2024
(a)
Due process not applicable, except for Child Find.
(1) Except as provided in paragraph (b)
below
, the
procedural safeguard provisions
do
				  not apply to complaints that an LEA has failed to meet the requirements of
				  §§300.132 through 300.139
(Providing FAPE to Children in
				  Private Schools)
, including the provision of services indicated on the
				  child's services plan.
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 with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.141 - Requirement that funds not benefit a private school

Current through June 25, 2024
(a)
				  An LEA may not use funds provided under section 611 or 619 of
IDEA
to finance the existing level of instruction in a private
				  school or to otherwise benefit the private school.
(b) The LEA must use the funds provided under
				  Part B of
IDEA
to meet the special education and related
				  services needs of parentally-placed private school children with disabilities,
				  but not for meeting
(1) The needs of a
				  private school; or
(2) The general
				  needs of the students enrolled in the private school.
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 with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.142 - Use of personnel

Current through June 25, 2024
(a)
Use of
				  public school personnel.
An LEA may use funds available under
				  §§611 and 619 of
IDEA
to make public school
				  personnel available in other than public facilities-
(1) To the extent necessary to provide
				  services under §§300.130 through 300.144 for parentally-placed
				  private school children with disabilities; and
(2) If those services are not normally
				  provided by the private school.
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 with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.143 - Separate classes prohibited

Current through June 25, 2024
An LEA may not use funds available under sections 611 or
					 619 of
IDEA
for classes that are organized
					 separately on the basis of school enrollment or religion of the children
					 if-
(a) The classes are at the same
				  site; and
(b) The classes include
				  children enrolled in public schools and children enrolled in private
				  schools.
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 with Disabilities Enrolled by Their Parents in Private Schools › Section 7-34-B-300.144 - Property, equipment, and supplies

Current through June 25, 2024
(a) A public agency
				  must control and administer the funds used to provide special education and
				  related services under §§300.137 through 300.139, and hold title to
				  and administer materials, equipment, and property purchased with those funds
				  for the uses and purposes provided in
Part B of
				  IDEA
.
(b) The public
				  agency may place equipment and supplies in a private school for the period of
				  time needed for the Part B program.
(c) The public agency must ensure that the
				  equipment and supplies placed in a private school-
(1) Are used only for Part B
				  purposes;
(2) Can be removed from
				  the private school without remodeling the private school facility.
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 with Disabilities in Private Schools Placed or Referred by Public Agencies › Section 7-34-B-300.145 - Applicability of Section Section 300.146 through 300.147

Current through June 25, 2024
Sections 300.146 through 300.147 apply only to children
					 with disabilities who are or have been placed in or referred to a private
					 school or facility by a public agency as a means of providing 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 › Children with Disabilities in Private Schools Placed or Referred by Public Agencies › Section 7-34-B-300.146 - Responsibility of Public Agencies

Current through June 25, 2024
Each
public agency
must
					 ensure that a child with a disability who is placed in or referred to a private
					 school or facility-
(a) Is provided
				  special education and related services-
(1)
				  In conformance with an IEP that meets the requirements of §§300.320
				  through 300.325; and
(2) At no cost
				  to the 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 B - STATE ELIGIBILITY › Children with Disabilities in Private Schools Placed or Referred by Public Agencies › Section 7-34-B-300.147 - Implementation by MDE

Current through June 25, 2024
In implementing section 300.146, the
MDE
					 shall
-
(a) Monitor
				  compliance through procedures such as written reports, on-site visits, and
				  parent questionnaires;
(b)
				  Disseminate copies of applicable standards to each private school and facility
				  to which a public agency has referred or placed a child with a disability;
				  and
(c) Provide an opportunity for
				  those private schools and facilities to participate in the development and
				  revision of State standards that apply to them.
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 with Disabilities Enrolled by Their Parents in Private Schools When FAPE Is at Issue › Section 7-34-B-300.148 - Placement of children by parents when FAPE is at issue

Current through June 25, 2024
(a)
General. A
n LEA
is not required
to pay for
				  the cost of education, including special education and related services, of a
				  child with a disability at a private school or facility if that agency made
				  FAPE available to the child and the parents elected to place the child in a
				  private school or facility. However, the public agency must include that child
				  in the population whose needs are addressed consistent with §§300.131
				  through 300.144
(Children with Disabilities Enrolled by their Parents in
				  Private Schools)
.
(b)
Disagreements about FAPE.
Disagreements between the parents
				  and a public agency regarding the availability of a program appropriate for the
				  child, and the question of financial reimbursement, are subject to the due
				  process procedures in §§300.504 through 300.520.
(c)
Reimbursement for private school
				  placement.
If the parents of a child with a disability, who previously
				  received special education and related services under the authority of a public
				  agency, enroll the child in a private preschool, elementary school, or
				  secondary school without the consent of or referral by the public agency, a
				  court or a hearing officer may require the agency to reimburse the parents for
				  the cost of that enrollment if the court or hearing officer finds that the
				  agency had not made FAPE available to the child in a timely manner prior to
				  that enrollment and that the private placement is appropriate. A parental
				  placement may be found to be appropriate by a hearing officer or a court even
				  if it does not meet
Mississippi's
standards that apply to
				  education provided by the
MDE
and LEAs.
(d)
Limitation on
				  reimbursement.
The cost of reimbursement described in paragraph (c)
above
may be reduced or denied-
(1) If-
(i)
				  At the most recent IEP
committee
meeting that the parents
				  attended prior to removal of the child from the public school, the parents did
				  not inform the IEP
committee
that they were rejecting the
				  placement proposed by the public agency to provide FAPE to their child,
				  including stating their concerns and their intent to enroll their child in a
				  private school at public expense; or
(ii) At least ten (10) business days
				  (including any holidays that occur on a business day) prior to the removal of
				  the child from the public school, the parents did not give written notice to
				  the public agency of the information described in paragraph (d)(1)(i)
above
;
or
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 › SEA Responsibility for General Supervision and Implementation of Procedural Safeguards › Section 7-34-B-300.149 - SEA responsibility for general supervision

Current through June 25, 2024
(a)
				  The
MDE
is responsible for ensuring
(1) That the requirements of
Part B
				  of IDEA
are carried out; and
(2) That each educational program for
				  children with disabilities administered within
Mississippi
,
				  including each program administered by any other State or local agency (but not
				  including elementary schools and secondary schools for Indian children operated
				  or funded by the Secretary of the Interior)-
(i) Is under the general supervision of the
				  persons
and agencies
responsible for educational programs for
				  children with disabilities in
Mississippi
; and
(ii) Meets the educational
accountability
standards of the
State Board of
				  Education
(including the requirements of
Part B of
				  IDEA
); and
(3)
				  In carrying out this part with respect to homeless children, the requirements
				  of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (
				  42 U.S.C.
				  11431
et seq.
) are
				  met.
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 › SEA Responsibility for General Supervision and Implementation of Procedural Safeguards › Section 7-34-B-300.150 - SEA implementation of procedural safeguards

Current through June 25, 2024
The
MDE has
procedures to
					 inform each public agency of its responsibility for ensuring effective
					 implementation of procedural safeguards for children with disabilities
in Mississippi
.
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 › State Complaint Procedures › Section 7-34-B-300.151 - Adoption of State complaint procedures

Current through June 25, 2024
(a)
General.
The
MDE has
written procedures for
(1) Resolving any complaint, including a
				  complaint filed by an organization or individual from another State that meets
				  the requirements of §300.153.
(2) Widely disseminating to parents and other
				  interested individuals, including parent training and information centers,
				  protection and advocacy agencies, independent living centers, and other
				  appropriate entities, the State procedures under §§300.151 through
				  300.153.
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 › State Complaint Procedures › Section 7-34-B-300.152 - Minimum State complaint procedures

Current through June 25, 2024
(a)
Time
				  limit; minimum procedures. Within
a time limit of
sixty
				  (
60
)
days after a
formal State
complaint is filed under §300.153,
the MDE shall
-
(1) Carry out an independent on-site
				  investigation, if the
MDE
determines that an investigation is
				  necessary;
(2) Give the complainant
				  the opportunity to submit additional information, either orally or in writing,
				  about the allegations in the complaint;
(3) Provide the public agency with the
				  opportunity to respond to the complaint, including, at a minimum-
(i) At the discretion of the public agency, a
				  proposal to resolve the complaint; and
(ii) An opportunity for a parent who has
				  filed a complaint and the public agency to voluntarily engage in mediation
				  consistent with §300.506;
(4) Review all relevant information and make
				  an independent determination as to whether the public agency is violating a
				  requirement of Part B of
IDEA
or
the IDEA 2004
				  regulations
; and
(5) Issue
				  a written decision to the complainant that addresses each allegation in the
				  complaint and contains-
(i) Findings of fact
				  and conclusions; and
(ii) The
				  reasons for the
MDE's
final decision.
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 › State Complaint Procedures › Section 7-34-B-300.153 - Filing a complaint

Current through June 25, 2024
(a) An organization
				  or individual may file a signed written
formal State
complaint
				  under the procedures described in §§300.151 through
				  300.152.
(b) The complaint must
				  include-
(1) A statement that a public agency
				  has violated a requirement of Part B of
IDEA
or
its
				  implementing regulations
;
(2) The facts on which the statement is
				  based;
(3) The signature and
				  contact information for the complainant; and
(4) If alleging violations with respect to a
				  specific child-
(i) The name and address of
				  the residence of the child;
(ii)
				  The name of the school the child is attending;
(iii) In the case of a homeless child or
				  youth (within the meaning of section 725(2) of the McKinney-Vento Homeless
				  Assistance Act (42 U. S.C. 11434(a)(2)), available contact information for the
				  child, and the name of the school the child is attending;
(iv) A description of the nature of the
				  problem of the child, including facts relating to the problem; and
(v) A proposed resolution of the problem to
				  the extent known and available to the party at the time the complaint is
				  filed.
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 › Methods of Ensuring Services › Section 7-34-B-300.154 - Methods of ensuring services

Current through June 25, 2024
(a)
Establishing responsibility for services.
The Chief Executive
				  Officer of
Mississippi
or designee of the officer must ensure
				  that an interagency agreement or other mechanism for interagency coordination
				  is in effect between each non
-
educational public agency
				  described in paragraph (b) of this section and the
MDE
, in
				  order to ensure that all services described in paragraph (b)(1) of this section
				  that are needed to ensure FAPE are provided, including the provision of these
				  services during the pendency of any dispute under paragraph (a)(3) of this
				  section. The agreement or mechanism must include the following-
(1)
Agency financial
				  responsibility.
An identification of, or a method for defining, the
				  financial responsibility of each agency for providing services described in
				  paragraph (b)(1) of this section to ensure FAPE to children with disabilities.
				  The financial responsibility of each non
-
educational public
				  agency described in paragraph (b) of this section, including the State Medicaid
				  agency and other public insurers of children with disabilities, must precede
				  the financial responsibility of the LEA (or the State agency responsible for
				  developing the child's IEP).
(2)
Conditions, terms, and procedures of reimbursement.
The
				  conditions, terms, and procedures under which an LEA must be reimbursed by
				  other agencies.
(3)
Procedures for resolution of interagency disputes.
Procedures
				  for resolving interagency disputes (including procedures under which LEAs may
				  initiate proceedings) under the agreement or other mechanism to secure
				  reimbursement from other agencies or otherwise implement the provisions of the
				  agreement or mechanism.
(4)
Coordination of services procedures.
Policies and procedures
				  for agencies to determine and identify the interagency coordination
				  responsibilities of each agency to promote the coordination and timely and
				  appropriate delivery of services described in paragraph (b)(1) of 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 B - STATE ELIGIBILITY › Additional Eligibility Requirements › Section 7-34-B-300.155 - Hearings relating to LEA eligibility

Current through June 25, 2024
The
MDE does
not make
any
final determination that an LEA is not
					 eligible for assistance under Part B of
IDEA
without first giving the LEA reasonable notice and an opportunity for a hearing
					 under
					 34 CFR
					 76.401(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 B - STATE ELIGIBILITY › Additional Eligibility Requirements › Section 7-34-B-300.156 - Personnel qualifications

Current through June 25, 2024
(a)
General.
The
SBE
establish
es
and maintain
s
qualifications to ensure that personnel
				  necessary to carry out the purposes of
the IDEA 2004
				  regulations
are appropriately and adequately prepared and trained,
				  including that those personnel have the content knowledge and skills to serve
				  children with disabilities.
(b)
Related services personnel and paraprofessionals.
The
personnel
qualifications must include qualifications for
				  related services personnel and paraprofessionals that-
(1) Are consistent with any
SBE
-approved or recognized certification, licensing,
				  registration, or other comparable requirements that apply to the professional
				  discipline in which those personnel are providing special education or related
				  services; and
(2) Ensure that
				  related services personnel who deliver services in their discipline or
				  profession-
(i) Meet the requirements of
				  paragraph (b)(1)
above
; and
(ii) Have not had certification or licensure
				  requirements waived on an emergency, temporary, or provisional basis;
				  and
(iii) Allow paraprofessionals
				  and assistants who are appropriately trained and supervised, in accordance with
Mississippi
law, regulation, or written policy, in meeting the
				  requirements of
IDEA 2004
regulations
to be
				  used to assist in the provision of special education and related services under
IDEA 2004 regulations
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 B - STATE ELIGIBILITY › Additional Eligibility Requirements › Section 7-34-B-300.157 - Performance goals and indicators

Current through June 25, 2024
The MDE
-
(a)
Has
established goals
				  for the performance of children with disabilities in
Mississippi
that-
(1)
				  Promote the purposes of
IDEA Part B
;
(2) Are the same as the State's objectives
				  for progress by children in its definition of adequate yearly progress,
				  including the State's objectives for progress by children with disabilities,
				  under section1111(b)(2)(C) of the ESEA,
				  20
				  U.S.C. 6311
;
(3) Address graduation rates and dropout
				  rates, as well as such other factors as the State may determine; and
(4) Are consistent, to the extent
				  appropriate, with any other goals and academic standards for children
				  established by the State;
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-300.162 - Supplementation of State, local, and other federal funds

Current through June 25, 2024
(a)
Expenditures.
Funds paid to
the
State under
the IDEA regulations are
expended in accordance with all the
				  provisions of
Part B of IDEA
.
(b)
Prohibition against
				  commingling.
(1) Funds paid to
the
State under
the IDEA 2004 regulations are
not commingled with State funds.
(2) The requirement
regarding the
				  prohibition against the commingling of funds
is satisfied by the use
				  of a separate accounting system that includes an audit trail of the expenditure
				  of funds paid to
the
State under
Part B of
				  IDEA
.
As provided in 34 CFR §76.702, s
eparate
				  bank accounts are not required.
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-300.163 - Maintenance of State financial support

Current through June 25, 2024
(a)
General. Mississippi does
not reduce the amount of State
				  financial support for special education and related services for children with
				  disabilities, or otherwise made available because of the excess costs of
				  educating those children, below the amount of that support for the preceding
				  fiscal year.
(b)
Reduction
				  of funds for failure to maintain support.
The Secretary
of the
				  U.S. Department of Education
reduces the allocation of funds under
				  section 611 of
IDEA
for any fiscal year following the fiscal
				  year in which the State fails to comply with the requirement of paragraph (a)
above
by the same amount by which the State fails to meet the
				  requirement.
(c)
Waivers
				  for exceptional or uncontrollable circumstances.
The Secretary
of the U.S. Department of Education
may waive the requirement
				  of paragraph (a)
above
for
Mississippi,
for
				  one fiscal year at a time, if the Secretary determines that-
(1) Granting a waiver would be equitable due
				  to exceptional or uncontrollable circumstances such as a natural disaster or a
				  precipitous and unforeseen decline in the financial resources of the State;
				  or
(2)
As required
in §300.164, the State meets the standard for a waiver to supplement, not
				  to supplant, funds received under 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 B - STATE ELIGIBILITY › Additional Eligibility Requirements › Section 7-34-B-300.165 - Public participation

Current through June 25, 2024
(a) Prior to the
				  adoption of any policies and procedures needed to comply with
Part B of
				  IDEA
(including any amendments to those policies and procedures), the
MDE
ensure
s
that there are public hearings
and provides
adequate notice of the hearings, and an
				  opportunity for comment available to the general public, including individuals
				  with disabilities and parents of children with disabilities.
(b) Before submitting a State Plan under
the IDEA 2004 regulations to the U.S. Department of Education
,
				  the
MDE will
comply with the public participation requirements
				  in paragraph (a) of this section and those in
				  20
				  U.S.C. 1232 d(b)(7).
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-300.166 - Rule of construction

Current through June 25, 2024
In complying with
					 §§300.162
(Supplementation of State, local, and other
					 federal funds)
and 300.163
(Maintenance of State
					 Financial Support)
,
Mississippi
					 does
not use funds paid to it under
Part B of
					 IDEA
to satisfy State-law mandated funding obligations to LEAs,
					 including funding based on student attendance or enrollment, or
					 inflation.
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 › State Advisory Panel › Section 7-34-B-300.167 - State Advisory Panel

Current through June 25, 2024
The
Mississippi State Board of
					 Education
establish
es
and
					 maintain
s
an advisory panel for the purpose of
					 providing policy guidance with respect to special education and related
					 services for children with disabilities in the State.
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 › State Advisory Panel › Section 7-34-B-300.168 - Membership

Current through June 25, 2024
(a)
General.
The advisory
				  panel consist
s
of members appointed by the
State
				  Superintendent of Education
, representative of
Mississippi's
population and composed of individuals involved
				  in, or concerned with the education of children with disabilities, including-
(1) Parents of children with disabilities
				  (ages birth through
twenty-six
				  (
26
)
);
(2) Individuals with disabilities;
(3) Teachers;
(4) Representatives of institutions of higher
				  education that prepare special education and related services
				  personnel;
(5) State and local
				  education officials, including officials who carry out activities under
				  subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act, (
				  42 U.S.C.
				  11431
et. seq.
);
(6) Administrators of programs for children
				  with disabilities;
(7)
				  Representatives of other State agencies involved in the financing or delivery
				  of related services to children with disabilities;
(8) Representatives of private schools and
				  public charter schools;
(9) Not
				  less than one representative of a vocational, community, or business
				  organization concerned with the provision of transition services to children
				  with disabilities;
(10) A
				  representative from the State child welfare agency responsible for foster
				  care;
(11) Representatives from the
				  State juvenile and adult correction 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 B - STATE ELIGIBILITY › State Advisory Panel › Section 7-34-B-300.169 - Duties

Current through June 25, 2024
The advisory panel-
(a) Advise
s
the
State Board of Education (SBE)
of unmet needs within the State
				  in the education of children with disabilities;
(b) Comment
s
publicly on any
				  rules or regulations proposed by the
SBE
regarding the
				  education of children with disabilities;
(c) Advise
s
the
MDE
in developing evaluations and reporting on data to the
				  Secretary
of the U.S. Department of Education
under section
				  618 of
IDEA
;
(d)
				  Advise
s
the
MDE
in developing corrective
				  action plans to address findings identified in
f
ederal
				  monitoring reports under Part B of
IDEA
; and
(e) Advise
s
the
MDE
in developing and implementing policies relating to the
				  coordination of services for 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 B - STATE ELIGIBILITY › Other Provisions Required for State Eligibility › Section 7-34-B-300.170 - Suspension and expulsion rates

Current through June 25, 2024
(a)
General.
The
MDE
examine
s
data, including data disaggregated by race and ethnicity, to determine if
				  significant discrepancies are occurring in the rate of long-term suspensions
				  and expulsions of children with disabilities-
(1) Among LEAs in the State; or
(2) Compared to the rates for nondisabled
				  children within those 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 B - STATE ELIGIBILITY › Other Provisions Required for State Eligibility › Section 7-34-B-300.171 - Annual description of use of IDEA Part B funds

Current through June 25, 2024
(a)
				  In order to receive a grant in any fiscal year
Mississippi
annually describe
s
-
(1) How
				  amounts retained for State administration and State-level activities under
				  §300.704
(State-level activities)
will be used to meet the
				  requirements; and
(2) How those
				  amounts will be allocated among the activities described in
				  §300.704
(State-level activities)
to meet State priorities
				  based on input from LEAs.
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 Provisions Required for State Eligibility › Section 7-34-B-300.172 - Access to instructional materials

Current through June 25, 2024
(a)
General. Mississippi
-
(1)
				  Adopt
s
the National Instructional Materials Accessibility
				  Standard (NIMAS), published as
34 CFR
Appendix C to
P
art 300, for the purposes of providing instructional
				  materials
(printed textbooks and related printed core materials written
				  and published primarily for use in elementary and secondary school instruction
				  that are required by the MDE or any public agency)
to blind persons or
				  other persons with print disabilities, in a timely manner after the publication
				  of the NIMAS in the Federal Register on July 19, 2006 (71 FR 41084)
(see
Federal Regulations, Appendix C for the
					 National Instructional Materials Accessibility Standards)
;
and
(2)
				  Establish
es
a State definition of a "timely manner" for
				  purposes of
Rights and Responsibilities under
paragraphs
				  (b)(2) and (b)(3)
below
if the State is not coordinating with
				  the National Instructional Materials Access Center (NIMAC) or (b)(3) and (c)(2)
below
if the State is coordinating with the NIMAC.
(i)
Mississippi defines "timely
				  manner" for this purpose as "at the same time students without disabilities
				  receive their instructional 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 B - STATE ELIGIBILITY › Other Provisions Required for State Eligibility › Section 7-34-B-300.173 - Overidentification and disproportionality

Current through June 25, 2024
The
MDE has
policies and
					 procedures designed to prevent the inappropriate overidentification or
					 disproportionate representation by race and ethnicity of children as children
					 with disabilities, including children with disabilities with a particular
					 impairment described in §300.8 (
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 B - STATE ELIGIBILITY › Other Provisions Required for State Eligibility › Section 7-34-B-300.174 - Prohibition on mandatory medication

Current through June 25, 2024
(a)
General.
The
MDE
prohibit
s
State and
public agency
personnel from requiring parents to
				  obtain a prescription for substances identified under schedules I, II, III, IV,
				  or V in section 202(c) of the Controlled Substances Act (
				  21 U.S.C.
				  812(c) ) for a child as a
				  condition of attending school, receiving an evaluation under
				  §§300.300 through 300.311
(Evaluations, Eligibility
				  Determinations, Individualized Education Programs, and Educational
				  Placements)
, or receiving services.
(b)
Rule of construction.
Nothing in paragraph (a)
above
shall be construed to create a
f
ederal prohibition against teachers and other school
				  personnel consulting or sharing classroom-based observations with parents or
				  guardians regarding a student's academic and functional performance, or
				  behavior in the classroom or school, or regarding the need for evaluation for
				  special education or related services under §300.111 (related to
C
hild
F
ind).
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 Provisions Required for State Eligibility › Section 7-34-B-300.175 - The MDE as provider of FAPE or direct services

Current through June 25, 2024
When
the
MDE
provides FAPE to children with disabilities,
					 or provides direct services to these children, the
MDE
-
(a) Compl
ies
with any
				  additional requirements of §§300.201 and 300.202 and
				  §§300.206 through 300.226 as if the
MDE
were an LEA;
				  and
(b) May use amounts that are
				  otherwise available to the agency under Part B of
IDEA
to
				  serve those children without regard to §300.202(b) (relating to excess
				  costs).
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 Provisions Required for State Eligibility › Section 7-34-B-300.176 - Exception for prior State plans

Current through June 25, 2024
(a)
General.
If
Mississippi
has on file with the
				  Secretary policies and procedures approved by the Secretary that demonstrate
				  that the State meets any requirement of §300.100
(Eligibility for
				  Assistance)
, including any policies and procedures filed under Part B
				  of
IDEA
as in effect before, December 3, 2004, the Secretary
				  considers the State to have met the requirement for purposes of receiving a
				  grant under Part B of
IDEA
.
(b)
Modifications made by
				  Mississippi.
(1) Subject to paragraph
				  (b)(2)
below
, policies and procedures submitted by the State
				  in accordance with this subpart remain in effect until the State submits to the
				  Secretary the modifications that the State determines necessary.
(2) The provisions of this subpart apply to a
				  modification to an application to the same extent and in the same manner that
				  they apply to the original plan.