Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 3 - Programming & Access › Rule 31-9-3.1 - Education

Current through June 25, 2024
1. During admission, youth shall receive a
				brief educational history screening with respect to their school status,
				special education status, including but not limited to 504 status, grade level,
				grades, and history of any disciplinary actions, including suspensions or
				expulsions. This information is used to determine initial placement in the
				facility's educational program.
2.
				Staff shall enroll youth in the facility school at the earliest possible time
				and, at the latest, within three days of admission to the facility during the
				sponsoring school district's academic and six-week enrichment program,
				excluding weekends and legal holidays.
3. No later than ten days after admission to
				the facility, youth are to begin an extended detention education program. A
				team consisting of a certified teacher provided by the local sponsoring school
				district or a private provider agreed upon by the youth court judge and
				sponsoring school district, the appropriate official from the local home school
				district, and the youth court counselor or representative develop an
				individualized eacademic program for the youth, where appropriate as determined
				by the teacher of the sponsoring school district, or a private provider agreed
				upon by the youth court judge and sponsoring school district. The youth's
				parent or guardian participates in the team unless excused by the youth court
				judge. Failure of any party to participate does not delay implementation of
				this education program.
4. The
				sponsoring school district provides 330 minutes of instruction per school day
				per student.
5. The sponsoring
				school district provides instruction inside the detention facility for the
				minimum number of days per year, including a six-week summer enrichment
				program, in accordance with the requirements of Miss. Code. Ann. §
									43-21-321.
6. School classes are held in an appropriate,
				dedicated space.
7. The sponsoring
				school district provides adequate staff (including special education staff) to
				meet state student-to-teacher ratios for education. Staff are qualified and
				hold appropriate credentials, including any specialized credentials necessary
				for providing special education programming or instruction for youth with
				limited English proficiency.
8. The
				sponsoring school district identifies youth with limited English proficiency
				and provides appropriate instruction for those students to allow for meaningful
				access to the curriculum.
9. The
				sponsoring school district provides adequate substitute teaching staff to cover
				teaching duties of staff who are on vacation, sick, or otherwise not available.
				The sponsoring school district provides substitute teachers in order to ensure
				the continuation of educational services to youth in the detention facility in
				accordance with the sponsoring school district's policy and procedures for
				students in the traditional school setting.
10. The facility school is annually reviewed
				and evaluated by the Mississippi Department of Education pursuant to
				Mississippi Code §
									43-21-321.
11. The sponsoring school district provides
				the curricula required by the state for graduation from high school, including
				preparation for any required state examinations.
12. The sponsoring school district awards
				credit (including partial credit) for work completed and forwards the youth's
				education records from the facility to other schools upon the youth's exit from
				the facility.
13. The sponsoring
				school district complies with
				20 U.S.C. §§
										1440,
et. Seq
. (IDEA) and
				applicable state law, including Miss. Code. Ann.
				37-23-1,
				for students with educational disabilities.
a. The sponsoring school district has written
				procedures to determine which youth have previously been identified as having
				educational disabilities, and to promptly obtain special education records for
				such students.
b. The sponsoring
				school district has written procedures in place to identify and assess youth
				who potentially have a disability, in conformity with state and federal
				requirements for special education.
c. An Individualized Education Program (IEP)
				is in place, in lieu of an IAP, for each student with identified disabilities.
				Students entering with an existing IEP receive interim services that match the
				IEP as closely as possible.
d. The
				process for developing or modifying IEPs at the facility school is the same as
				that used in public school settings.
e. The sponsoring school district provides
				special education students with a full continuum of regular education classes,
				special classes, and supplementary services. Special education students are
				allowed to participate in regular school programs to the maximum extent
				appropriate.
f. Special education
				staff at the school are certified by the state for the services they provide.
g. The sponsoring school district
				provides related services, including transition services, required by the IEP.
h. Parents or guardians shall have
				an opportunity to participate in decisions regarding special education of their
				youth, and facility staff are flexible in scheduling or using telephone
				conferences to permit parent or guardian involvement.
i. The sponsoring school district secures
				parent or guardian surrogates when parents or guardians are unavailable to
				participate in special education decisions.
j. The sponsoring school district complies with legally required
				timelines for evaluation and IEP development.
k. The sponsoring school district complies
				with IDEA requirements for notice and due process.
l. Facility staff and school personnel shall
				determine whether youth behaviors are manifestations of their
				disabilities.