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-300.164 - Waiver of requirement regarding supplementing and not supplanting with Part B funds

Current through June 25, 2024
(a) Except as
				  provided under §§300.202 through 300.205
(Use of amounts;
				  Maintenance of Effort; Exception to the Maintenance of Effort; and Adjustment
				  to Local Fiscal Efforts in Certain Fiscal Years)
, funds paid to
Mississippi
under Part B of
IDEA are
used to
				  supplement and increase the level of
f
ederal, State, and local
				  funds (including funds that are not under the direct control of
the
				  MDE
and LEAs) expended for special education and related services
				  provided to children with disabilities under Part B of
IDEA
and in no case to supplant those
f
ederal, State, and local
				  funds.
The
State may use funds it retains under
				  §300.704(a) and (b)
(State Administration and other State-level
				  Activities)
without regard to the prohibition on supplanting other
				  funds.
(b) If
Mississippi
provides clear and convincing evidence that all
				  eligible children with disabilities throughout the State have FAPE available to
				  them, the Secretary
of the U.S. Department of Education
may
				  waive for a period of one year in whole or in part the requirement under
				  §300.162 (regarding State-level nonsupplanting) if the Secretary
of the U.S. Department of Education
concurs with the evidence
				  provided by the State.
(c) If
Mississippi
wishes to request a waiver, it must submit to the
				  Secretary
of the U.S. Department of Education
a written
				  request that includes-
(1) An assurance that
				  FAPE is currently available, and will remain available throughout the period
				  that a waiver would be in effect, to all eligible children with disabilities
				  throughout the State, regardless of the public agency that is responsible for
				  providing FAPE to them. The assurance must be signed by an official who has the
				  authority to provide that assurance as it applies to all eligible children with
				  disabilities in the State;
(2) All
				  evidence that the State wishes the Secretary
of the U.S. Department of
				  Education
to consider in determining whether all eligible children
				  with disabilities have FAPE available to them, setting forth in detail-
(i) The basis on which
the
				  State
has concluded that FAPE is available to all eligible children in
				  the State; and
(ii) The procedures
				  that
Mississippi
will implement to ensure that FAPE remains
				  available to all eligible children in the State, which must include-
(A) The State's
Child Find
procedures for ensuring that all eligible children are identified, located and
				  evaluated;
(B) The State's
				  procedures for monitoring public agencies to ensure that they comply with all
				  requirements of
Part B of IDEA
;
(C) The State's
formal
complaint procedures; and
(D) The
				  State's
due process
hearing procedures;
(3) A summary of all State and
f
ederal monitoring reports, and
formal
State
				  complaint decisions and
due process
hearing decisions issued
				  within three
(3)
years prior to the date of the State's
				  request for a waiver under
Part B of IDEA
, that includes any
				  finding that FAPE has not been available to one or more eligible children, and
				  evidence that FAPE is now available to all children addressed in those reports
				  or decisions; and
(4) Evidence that
				  the
MDE
, in determining that FAPE is currently available to
				  all eligible children with disabilities in the State, has consulted with the
				  State advisory panel.