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 › Other Provisions Required for State Eligibility › Section 7-34-B-300.177 - State's sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities

Current through June 25, 2024
(a)
State's
				  sovereign immunity.
(1) A State that
				  accepts funds under
IDEA Part B
waives its immunity under the
				  11th amendment of the Constitution of the United
				  States from suit to Federal court for a violation of this part.
(2) In a suit against a State for a violation
				  of this part, remedies (including remedies both at law and in equity) are
				  available for such a violation in the suit against any public entity other than
				  a State.
(3) Paragraphs (a)(1) and
				  (a)(2) of this section apply with respect to violations that occur in whole or
				  in part after the date of enactment of the Education of the Handicapped
				  Amendments of 1990.
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-300.186 - Assistance under other federal programs

Current through June 25, 2024
Part B of
IDEA
may not be
					 construed to permit
Mississippi
to reduce medical
					 and other assistance available, or to alter eligibility, under titles V and XIX
					 of the Social Security Act with respect to the provision of a
FAPE
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 Administration › Section 7-34-B-300.199 - State administration

Current through June 25, 2024
(a)
Rulemaking.
By receiving funds under Part B of
IDEA,
				  Mississippi
-
(1)
				  Ensure
s
that any State rules, regulations, and policies
				  relating to
Part B of IDEA
conform to the purposes of
Part B of IDEA
;
(2) Identif
ies
in writing to
				  LEAs located in the State and the Secretary any such rule, regulation, or
				  policy as a State-imposed requirement that is not required by Part B of
IDEA
and
f
ederal regulations; and
(3) Minimize
s
the number of
				  rules, regulations, and policies to which the LEAs and schools located in the
				  State are subject 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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.200 - Condition of assistance

Current through June 25, 2024
An LEA is eligible for assistance under
Part B
				  of IDEA
for a fiscal year if the agency submits a plan that
				  provides assurances to the
MDE
that the LEA meets
				  each of the conditions in §§300.201 through 300.213
(LEA
				  Eligibility)
.
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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.201 - Consistency with State policies

Current through June 25, 2024
The LEA, in providing for the education of children with
				  disabilities within its jurisdiction,
has
policies, procedures, and programs that are consistent with the
MDE
policies and procedures established under
				  §§300.101 through 300.163
(FAPE Requirements; Other FAPE
				  Requirements; LRE; Children in Private Schools; Children with Disabilities
				  Enrolled by their Parents in Private Schools; Children with Disabilities in
				  Private Schools Placed or Referred by Public Agencies; Children with
				  Disabilities Enrolled by their Parents in Private Schools when FAPE is at
				  Issue; SEA Responsibility for General Supervision and Implementation of
				  Procedural Safeguards; State Complaint Procedures; Methods of Ensuring
				  Services; and Additional Eligibility)
and §§300.165
				  through 300.174
(Public Participation; State Advisory Panel; Other
				  Provisions Required for State Eligibility)
.
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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.202 - Use of amounts

Current through June 25, 2024
(a)
General.
Amounts provided to the LEA under Part B of
IDEA
-
(1)
Will
be expended in accordance with the applicable
				provisions;
(2)
Will
be used only to pay the excess costs of providing special
				education and related services to children with disabilities, consistent with
				paragraph (b)
below
(Excess Cost Requirement); and
(3)
Will
be used to
				supplement State, local, and other
f
ederal funds and not to
				supplant those funds.
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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.203 - Maintenance of effort

Current through June 25, 2024
(a)
General.
Except as provided in §§300.204 (Exception
				to Maintenance of Effort) and 300.205 (Adjustment to Local Efforts in Certain
				Fiscal Years),
Part B of IDEA
funds provided to an LEA must
				not be used to reduce the level of expenditures for the education of children
				with disabilities made by the LEA from local funds below the level of those
				expenditures for the preceding fiscal year.
(b)
Standard.
(1) Except as provided in paragraph (b)(2)
below
(Maintenance of Effort, Standard), the
MDE
determine
s
that an LEA complies with the
				paragraph (a)
above
(Use of Amounts, General) for purposes of
				establishing the LEA's eligibility for an award for a fiscal year if the LEA
				budgets, for the education of children with disabilities, at least the same
				total or per-capita amount from either of the following sources as the LEA
				spent for that purpose from the same source for the most recent prior year for
				which information is available-
(i) Local
				funds only.
(ii) The combination of
				State and local funds.
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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.204 - Exception to maintenance of effort

Current through June 25, 2024
Notwithstanding the restriction in
				  §300.203(a)
(Maintenance of Effort)
, an LEA
				  may reduce the level of expenditures by the LEA under
Part B of
				  IDEA
below the level of those expenditures for the preceding
				  fiscal year if the reduction is attributable to any of the following-
(a) The voluntary departure, by retirement or
				otherwise, or departure for just cause, of special education or related
				services personnel.
(b) A decrease
				in the enrollment of children with disabilities.
(c) The termination of the obligation of the
				agency, consistent with
IDEA
regulations, to provide a program
				of special education to a particular child with a disability that is an
				exceptionally costly program, as determined by the
MDE
,
				because the child-
(1) Has left the
				jurisdiction of the agency;
(2) Has
				reached the age at which the obligation of the agency to provide FAPE to the
				child has terminated; or
(3) No
				longer needs the program of special 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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.205 - Adjustment to local fiscal efforts in certain fiscal years

Current through June 25, 2024
(a)
Amounts in excess.
Notwithstanding §300.202(a)(2)
(Use of Amounts, General)
and
(b)
(Excess Cost
				Requirements)
and §300.203(a)
(Maintenance of Effort,
				General)
, and except as provided in paragraph (d)
below
				(Special Rule)
and §300.230(e)(2)
(MDE
				Flexibility)
, for any fiscal year for which the allocation received by
				an LEA under §300.705
(Subgrants to LEAs)
exceeds the
				amount the LEA received for the previous fiscal year, the LEA may reduce the
				level of expenditures otherwise required by
				§300.203(a)
(Maintenance of Effort)
by not more than
fifty (
50
)
percent of the amount of that
				excess.
(b)
Uses of amounts
				to carry out activities under ESEA.
If an LEA exercises the authority
				under paragraph (a)
above (Amounts in Excess)
, the LEA must
				use an amount of local funds equal to the reduction in expenditures under
				paragraph (a) to carry out activities that could be supported with funds under
				the ESEA regardless of whether the LEA is using funds under the ESEA for those
				activities.
(c)
State
				prohibition.
Notwithstanding paragraph (a)
above (Amounts in
				Excess)
, if the
MDE
determines that an LEA is unable
				to establish and maintain programs of FAPE that meet the requirements of
				section 613(a) of
IDEA (LEA Eligibility)
and this part or the
MDE
has taken action against the LEA under section 616 of
IDEA (Monitoring and Enforcement)
and subpart F of these
				regulations, the
MDE
must prohibit the LEA from reducing the
				level of expenditures under paragraph (a)
above (Amounts in
				Excess)
for that fiscal year.
(d)
Special rule.
The amount
				of funds expended by an LEA for early intervening services under §300.226
				must count toward the maximum amount of expenditures that the LEA may reduce
				under paragraph (a)
above
.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.206 - Schoolwide programs under Title I of ESEA

Current through June 25, 2024
(a)
General.
Notwithstanding the provisions of
				§§300.202
(Use of Amounts)
and 300.203
(Maintenance of Effort)
or any other provision of Part B of
IDEA
, an LEA may use funds received under Part B of
IDEA
for any fiscal year to carry out a schoolwide program
				under section 1114 of the ESEA, except that the amount used in any schoolwide
				program may not exceed-
(1)
(i) The amount received by the LEA under Part
				B of
IDEA
for that fiscal year; divided by
(ii) The number of children with disabilities
				in the jurisdiction of the LEA; and multiplied by
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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.207 - Personnel development

Current through June 25, 2024
The LEA ensure
s
that all
				  personnel necessary to carry out
Part B of IDEA
are appropriately and adequately prepared, subject to the requirements of
				  §300.156 (related to Personnel Qualifications) and section 2122 of the
				  ESEA.
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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.208 - Permissive use of funds

Current through June 25, 2024
(a)
Uses.
Notwithstanding §§300.202
(Use of
				Amounts)
and 300.203(a) (Maintenance of Effort), and
				§300.162(b)
(Supplementation of State, local, and other federal
				funds)
, funds provided to an LEA under Part B of
IDEA
may be used for the following activities
(1)
Services and aids that also benefit nondisabled children.
For
				the costs of special education and related services, and supplementary aids and
				services, provided in a
general education
class or other
				education-related setting to a child with a disability in accordance with the
				IEP of the child, even if one or more nondisabled children benefit from these
				services.
(2)
Early
				intervening services.
To develop and implement coordinated, early
				intervening educational services in accordance with §300.226
(Early
				Intervening Services)
.
(3)
High cost special education and related services.
To establish
				and implement cost or risk sharing funds, consortia, or cooperatives for the
				LEA itself, or for LEAs working in a consortium of which the LEA is a part, to
				pay for high cost 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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.209 - Treatment of charter schools and their students

Current through June 25, 2024
(a)
Rights of children with disabilities.
Children with
				disabilities who attend public charter schools and their parents retain all
				rights under
the IDEA 2004 regulations
.
(b)
Charter schools that are public
				schools of the LEA.
(1) In carrying
				out Part B of
IDEA
and these regulations with respect to
				charter schools that are public schools of the LEA, the LEA must-
(i) Serve children with disabilities
				attending those charter schools in the same manner as the LEA serves children
				with disabilities in its other schools, including providing supplementary and
				related services on site at the charter school to the same extent to which the
				LEA has a policy or practice of providing such services on the site to its
				other public schools; and
(ii)
				Provide funds under Part B of
IDEA
to those charter schools-
(A) On the same basis as the LEA provides
				funds to the LEA's other public schools, including proportional distribution
				based on relative enrollment of children with disabilities; and
(B) At the same time as the LEA distributes
				other
f
ederal funds to the LEA's other public schools,
				consistent with
Mississippi
's charter school 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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.210 - Purchase of instructional materials

Current through June 25, 2024
(a)
General.
Not later than December 3, 2006, an LEA that chooses
				to coordinate with the National Instructional Materials Access Center (NIMAC),
				when purchasing print instructional materials, must acquire those instructional
				materials in the same manner and subject to the same conditions as the
MDE
under §300.172
(Access to Instructional
				Materials)
.
(b)
Rights of LEA.
(1) Nothing
				in this section
(Purchase of Instructional Materials)
shall be
				construed to require an LEA to coordinate with the NIMAC.
(2) If an LEA chooses not to coordinate with
				the NIMAC, the LEA must provide an assurance to the
MDE
that
				the LEA will provide instructional materials to blind persons or other persons
				with print disabilities in a timely manner.
(3) Nothing in this section relieves an LEA
				of its responsibility to ensure that children with disabilities who need
				instructional materials in accessible formats but who are not included under
				the definition of blind or other persons with print disabilities in
				§300.172(e)(1)(i) or who need materials that cannot be produced by NIMAS
				files, receive those instructional materials in a timely manner.
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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.211 - Information for the MDE

Current through June 25, 2024
The LEA must provide the
MDE
with information necessary to enable the
MDE
to
				  carry out its duties under
Part B of IDEA
,
				  including, with respect to §§300.157
(Performance Goals
				  and Indicators)
and 300.160, information relating to the
				  performance of children with disabilities participating in programs carried out
				  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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.212 - Public information

Current through June 25, 2024
The LEA must make available to parents of children with
				  disabilities and to the general public all documents relating to the
				  eligibility of the agency 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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.213 - Records regarding migratory children with disabilities

Current through June 25, 2024
The LEA must cooperate in the Secretary of the U.S.
				  Department of Education's efforts under section 1308
(the
				  Coordination of Migrant Education Activities)
of the ESEA to
				  ensure the linkage of records pertaining to migratory children with
				  disabilities for the purpose of electronically exchanging health and
				  educational information regarding 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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.220 - Exception for prior local plans

Current through June 25, 2024
(a)
General.
If an LEA or a State agency has on file with the
MDE
policies and procedures that demonstrate that the LEA or
				State agency meets any requirement of LEA Eligibility, including any policies
				and procedures filed under
Part B of IDEA
as in effect before
				December 3, 2004, the
MDE
must consider the LEA or State
				agency to have met that requirement for purposes of receiving assistance under
Part B of IDEA
.
(b)
Modification made by an LEA or
				State agency.
Subject to paragraph (c)
below
(Modifications required by the
MDE
), policies and procedures
				submitted by an LEA or a State agency in accordance with this subpart
(Subpart C - LEA Eligibility of the federal regulations)
remain in effect until the LEA or State agency submits to the
MDE
the modifications that the LEA or the State agency
				determines are necessary.
(c)
Modifications required by the MDE
. The
MDE
may require an LEA or a State agency to modify its policies and procedures, but
				only to the extent necessary to ensure the LEA's or State agency's compliance
				with
Part B of IDEA
or State law if-
(1) After December 3, 2004, the effective
				date of
IDEA
of 2004, the applicable provisions of
IDEA
(or the regulations developed to carry out
IDEA
) are amended;
(2) There is a new interpretation of an
				applicable provision of
IDEA
by
f
ederal or
				State courts; or
(3) There is an
				official finding of noncompliance with
f
ederal or State law or
				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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.221 - Notification of LEA or State agency in case of ineligibility

Current through June 25, 2024
If the
MDE
,
determines that an LEA or State agency is not eligible under Part B of
IDEA
, then the
MDE
				  will
-
(a) Notify the
				LEA or State agency of the determination; and
(b) Provide the LEA or State agency with
				reasonable notice and an opportunity for a hearing.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.222 - LEA and State agency compliance

Current through June 25, 2024
(a)
General.
If the
MDE
, after reasonable notice
				and an opportunity for a hearing, finds that an LEA or State agency that has
				been determined to be eligible is failing to comply with any requirement
				described in §§300.201 through 300.213 (LEA Eligibility), the
MDE will
reduce or
will
not provide any
				further payments to the LEA or State agency until the
MDE
is
				satisfied that the LEA or State agency is complying with that
				requirement.
(b)
Notice
				requirement.
Any State agency or LEA in receipt of a notice described
				in paragraph (a)
above will
, by means of public notice, take
				the measures necessary to bring the pendency of an action pursuant to this
				section to the attention of the public within the jurisdiction of the
				agency.
(c)
Consideration.
In carrying out its responsibilities, the
MDE
consider
s
any decision resulting from a
				hearing held under §§300.511 through 300.533 (Impartial Due Process
				Hearing through Discipline Requirements) that is adverse to the LEA or State
				agency involved in the 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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.223 - Joint establishment of eligibility

Current through June 25, 2024
(a)
General.
The
MDE
require
s
an
				LEA to establish its eligibility jointly with another LEA if the
MDE
determines that the LEA will be ineligible hereunder
				because the agency will not be able to establish and maintain programs of
				sufficient size and scope to effectively meet the needs of children with
				disabilities.
(b)
Charter
				school exception.
The
MDE will
not require a charter
				school that is an LEA to jointly establish its eligibility under paragraph (a)
above
unless the charter school is explicitly permitted to do
				so under
Mississippi'
s charter school statute.
(c)
Amount of payments.
If
				the
MDE
requires the joint establishment of eligibility under
				paragraph (a)
above
, the total amount of funds made available
				to the affected LEAs must be equal to the sum of the payments that each such
				LEA would have received under §300.705 (Subgrants to LEAs), if the
				agencies were eligible for those payments.
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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.224 - Requirements for establishing eligibility

Current through June 25, 2024
(a)
Requirements for LEAs in general.
LEAs that establish joint
				eligibility under
these policies
must-
(1) Adopt policies and procedures that are
				consistent with
Mississippi
's policies and procedures;
				and
(2) Be jointly responsible for
				implementing programs that receive assistance 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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.226 - Early intervening services

Current through June 25, 2024
Purpose. The purpose of coordinated, early
				  intervening services (CEIS) is to reduce the need to label children as disabled
				  in order to address the learning and behavioral needs of such children.
Reference citation
: IDEA 2004, Congressional
				  Findings(c)(5)(F)
(a)
General.
An LEA may not use more than
fifteen
				(
15
)
percent of the amount the LEA receives under
				Part B of
IDEA
for any fiscal year, less any amount reduced by
				the LEA pursuant to
34 CFR
§300.205
(Adjustment to
				Local Fiscal Effort in Certain Fiscal Years)
, if any, in combination
				with other amounts (which may include amounts other than education funds), to
				develop and implement coordinated, early intervening services, which may
				include interagency financing structures, for students in kindergarten through
				grade
twelve (
12
) [
with a particular emphasis
				on students in kindergarten through grade three
(3)]
who are
				not currently identified as needing special education or related services, but
				who need additional academic and behavioral support to succeed in a general
				education environment. (See Appendix D
of 34 CFR §300
for
				examples of how §300.205(d), regarding local maintenance of effort, and
				§300.226(a) affect one another.)
(b)
Activities.
In
				implementing coordinated, early intervening services under
34 CFR
				§300.226
, an LEA may carry out activities that include-
(1) Professional development (which may be
				provided by entities other than LEAs) for teachers and other school staff to
				enable such personnel to deliver scientifically based academic and behavioral
				interventions, including scientifically based literacy instruction, and, where
				appropriate, instruction on the use of adaptive and instructional software;
				and
(2) Providing educational and
				behavioral evaluations, services and supports, including scientifically based
				literacy instruction.
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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.227 - Direct services by the MDE

Current through June 25, 2024
(a)
General.
(1) The
MDE
				will
use the payments that would otherwise have been available to an
				LEA or to a State agency to provide special education and related services
				directly to children with disabilities residing in the area served by that LEA,
				or for whom that State agency is responsible, if the
MDE
determines that the LEA or State agency
(i)
				Has not provided the information needed to establish the eligibility of the LEA
				or State agency, or elected not to apply for its Part B allotment, under Part B
				of
IDEA
;
(ii) Is
				unable to establish and maintain programs of FAPE that meet the requirements of
				this part;
(iii) Is unable or
				unwilling to be consolidated with one or more LEAs in order to establish and
				maintain the programs; or
(iv) Has
				one or more children with disabilities who can best be served by a regional or
				State program or service delivery system designed to meet the needs of these
				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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.228 - State agency eligibility

Current through June 25, 2024
Any State agency that desires to receive a subgrant for any
				  fiscal year under §300.705 (Subgrants to LEAs) must demonstrate to the
				  satisfaction of the
MDE
that
(a) All children with disabilities who are
				participating in programs and projects funded under Part B of
IDEA
receive FAPE, and that those children and their parents
				are provided all the rights and procedural safeguards described in this part;
				and
(b) The agency meets the other
				conditions of this subpart that apply to 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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.229 - Disciplinary information

Current through June 25, 2024
(a) A public agency
must
include in the records of a child with a disability a
				statement of any current or previous disciplinary action that has been taken
				against the child and transmit the statement to the same extent that the
				disciplinary information is included in, and transmitted with, the student
				records of nondisabled children.
(b) The statement
must
include a description of any behavior engaged in by the child that required
				disciplinary action, a description of the disciplinary action taken, and any
				other information that is relevant to the safety of the child and other
				individuals involved with the child.
(c) If the child transfers from one school to
				another, the transmission of any of the child's records must include both the
				child's current IEP and any statement of current or previous disciplinary
				action that has been taken against 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 C - LOCAL EDUCATIONAL AGENCY ELIGIBILITY › Section 7-34-C-300.230 - MDE flexibility

Current through June 25, 2024
(a)
Adjustment to State fiscal effort in certain fiscal years.
For
				any fiscal year for which the allotment received by
Mississippi
under
34 CFR
§300.703
				exceeds the amount the State received for the previous fiscal year and if the
				State in school year 2003-2004 or any subsequent school year pays or reimburses
				all LEAs within the State from State revenue 100 percent of the
				non-
f
ederal share of the costs of special education and
				related services, the
MDE
, notwithstanding §§300.162
				through 300.163 (related to State-level nonsupplanting and maintenance of
				effort), and §300.175 (related to direct services by the
MDE
) may reduce the level of expenditures from State sources
				for the education of children with disabilities by not more than
fifty
				(
50
)
percent of the amount of such excess.
(b)
Prohibition.
Notwithstanding paragraph (a)
above
, if the Secretary
				determines that the
MDE
is unable to establish, maintain, or
				oversee programs of FAPE that meet the requirements of this part, or that
Mississippi
needs assistance, intervention, or substantial
				intervention under
34 CFR
§300.603, the Secretary
				prohibits the
MDE
from exercising the authority in paragraph
				(a)
above
.
(c)
Education activities.
If the
MDE
exercises
				the authority under paragraph (a)
above
, the agency must use
				funds from State sources, in an amount equal to the amount of the reduction
				under paragraph (a)
above
, to support activities authorized
				under the ESEA, or to support need-based student or teacher higher education
				programs.
(d)
Report.
For each fiscal year for which the
MDE
exercises the authority under paragraph (a)
above
, the
MDE
must report to the Secretary
(1) The amount of expenditures reduced
				pursuant to that paragraph; and
(2)
				The activities that were funded pursuant to paragraph (c)
above
.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Parental Consent › Section 7-34-D-300.300 - Parental consent

Current through June 25, 2024
(a)
Parental consent for initial evaluations.
(1)
(i) The
				  public agency proposing to conduct an initial evaluation to determine if a
				  child qualifies as a child with a disability under §300.8 must, after
				  providing notice consistent with §§300.503 and 504, obtain informed
				  consent consistent with §300.9, from the parent of the child before
				  conducting the evaluation.
(ii)
				  Parental consent for initial evaluation must not be construed as consent for
				  initial provision of special education and related services. (iii) The public
				  agency must make reasonable efforts to obtain the informed consent from the
				  parent for an initial evaluation to determine whether the child is 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 D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Evaluations and Reevaluations › Section 7-34-D-300.301 - Initial evaluations

Current through June 25, 2024
(a)
General.
Each public agency must conduct a full and individual
				  initial evaluation, in accordance with §§300.305 (
Additional
				  Requirements for Evaluations and Reevaluations
) and 300.306
				  (
Determination of Eligibility
), before the initial provision
				  of special education and related services to a child with a disability under
the IDEA 2004 regulations
.
(b)
Request for initial
				  evaluations.
Consistent with the consent requirements in
				  §300.300, either a parent of a child or a public agency may initiate a
				  request for an initial evaluation to determine if the child is a child with a
				  disability.
(1) When a verbal or written
				  request for an initial evaluation is requested by:
(i) a parent, the multidisciplinary
				  evaluation team (MET) must meet within fourteen (14) calendar days to consider
				  the request and to determine if a comprehensive evaluation is necessary.
(a) After reviewing the request and other
				  pertinent documentation, Written Prior Notice for Initial Evaluation or Written
				  Prior Notice for Refusal to Evaluate must be given to the parent within seven
				  (7) calendar days of the meeting.
(b) Day one would be the day the parent makes
				  the verbal or written request to the LEA (teacher, principal, secretary,
				  special education director, etc.). The MET must make a decision within fourteen
				  (14) calendar days of the parent's request.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Evaluations and Reevaluations › Section 7-34-D-300.302 - Screening for instructional purposes is not evaluation

Current through June 25, 2024
The screening of a student by a teacher or specialist to
					 determine appropriate instructional strategies for curriculum implementation
					 shall not be considered to be an evaluation for eligibility for 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 D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Evaluations and Reevaluations › Section 7-34-D-300.303 - Reevaluations

Current through June 25, 2024
(a)
General.
A public agency
				  must ensure that a reevaluation of each child with a disability is conducted in
				  accordance with §§300.304 through 300.311
(1) If the public agency determines that the
				  educational or related services needs, including improved academic achievement
				  and functional performance, of the child warrant a reevaluation; or
(2) If the child's parent or teacher requests
				  a reevaluation.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Evaluations and Reevaluations › Section 7-34-D-300.304 - Evaluation Procedures

Current through June 25, 2024
(a)
Notice.
The public agency must provide notice to the parents
				  of a child with a disability, in accordance with §300.503, that describes
				  any evaluation procedures the agency proposes to conduct.
(b)
Conduct of evaluation.
In conducting the evaluation, the public agency must
(1) Use a variety of assessment tools and
				  strategies to gather relevant functional, developmental, and academic
				  information about the child, including information provided by the parent, that
				  may assist in determining
(i) Whether the
				  child is a child with a disability under §300.8; and
(ii) The content of the child's IEP,
				  including information related to enabling the child to be involved in and
				  progress in the general education curriculum (or for a preschool child, to
				  participate in appropriate activities);
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Evaluations and Reevaluations › Section 7-34-D-300.305 - Additional requirements for evaluations and reevaluations

Current through June 25, 2024
(a)
Review of existing evaluation
				  data.
As part of an initial evaluation (if appropriate) and as part of
				  any reevaluation, the IEP
commi ttee
and other qualified
				  professionals, as appropriate, must
(1)
				  Review existing evaluation data on the child, including
(i) Evaluations and information provided by
				  the parents of the child;
(ii)
				  Current classroom-based, local, or State assessments, and classroom-based
				  observations; and
(iii)
				  Observations by teachers and related services providers; 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 D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Evaluations and Reevaluations › Section 7-34-D-300.306 - Determination of eligibility

Current through June 25, 2024
(a)
General.
Within fourteen (14) calendar days, upon completion
				  of the administration of assessments and other evaluation measures
(1) A group of qualified professionals and
				  the parent of the child determines whether the child is a child with a
				  disability, as defined by §300.8 in accordance with paragraph (b) of this
				  section and the educational needs of the child; and
(2) The public agency provides a copy of the
				  evaluation report and the documentation of determination of eligibility at no
				  cost to the parent. LEAs must provide the parent(s) a copy of the evaluation
				  report at least seven (7) calendar days prior to the eligibility determination
				  meeting, unless the parent elects to waive the seven (7) day timeline in
				  writing.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Additional Procedures for Identifying Children with Specific Learning Disabilities › Section 7-34-D-300.307 - Specific learning disabilities

Current through June 25, 2024
(a)
General.
The
MDE hereby
adopt
s
, consistent with §300.309,
the
				  following
criteria for determining whether a child has a specific
				  learning disability as defined in §300.8(c)(10).
Public
				  agencies
(1)
May
use
				  a severe discrepancy between intellectual ability and achievement for
				  determining whether a child has a specific learning disability, as defined in
				  §300.8(c)(10);
(2)
May
use a process based on the child's response to scientific,
				  research-based intervention; and
/or
(3) May use other alternative research-based
				  procedures for determining whether a child has a specific learning disability,
				  as defined in §300.8(c)(10).
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Additional Procedures for Identifying Children with Specific Learning Disabilities › Section 7-34-D-300.308 - Additional group members

Current through June 25, 2024
The determination of whether a child suspected of having a
					 specific learning disability is a child with a disability as defined in
					 §300.8, must be made by the child's parents and a team of qualified
					 professionals, which must include
(a)
(1) The child's
general
				  education
teacher; or
(2)
				  If the child does not have a
general education
teacher, a
general education
classroom teacher qualified to teach a child
				  of his or her age; or
(3) For a
				  child of less than school age, an individual
licensed by the
				  SBE
to teach a child of his or her age; 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 D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Additional Procedures for Identifying Children with Specific Learning Disabilities › Section 7-34-D-300.309 - Determining the existence of a specific learning disabilities (SLD)

Current through June 25, 2024
(a) The
multidisciplinary evaluation
				  team
(group described in §300.306
including qualified
				  professionals and the parent of a child
) may determine that a child
				  has a specific learning disability, as defined in §300.8(c)(10), if
(1) The child does not achieve adequately for
				  the child's age or
fails
to meet State-approved grade-level
				  standards in one or more of the following areas, when provided with learning
				  experiences and instruction appropriate for the child's age or State-approved
				  grade-level standards
(i) Oral
				  expression
(ii) Listening
				  comprehension
(iii) Written
				  expression
(iv) Basic reading
				  skill
(v) Reading fluency skills
(vi) Reading comprehension
(vii) Mathematics
				  calculation
(viii) Mathematics
				  problem solving
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Additional Procedures for Identifying Children with Specific Learning Disabilities › Section 7-34-D-300.310 - Observation

Current through June 25, 2024
(a) The public agency must ensure that the
				  child is observed in the child's learning environment (including the
general education
classroom setting) to document the child's
				  academic performance and behavior in the areas of difficulty.
(b) The
multidisciplinary evaluation
				  team
, in determining whether a child has a specific learning
				  disability, must decide to
(1) Use information
				  from an observation in routine classroom instruction and monitoring of the
				  child's performance that was done before the child was referred for an
				  evaluation; or
(2) Have at least
				  one member of the
multidisciplinary evaluation team
conduct an
				  observation of the child's academic performance in the
general
				  education
classroom after the child has been referred for an
				  evaluation and parental consent consistent with §300.300(a) is
				  obtained.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Additional Procedures for Identifying Children with Specific Learning Disabilities › Section 7-34-D-300.311 - Specific documentation for the eligibility determination

Current through June 25, 2024
(a) For a child suspected of having a
				  specific learning disability, the documentation of the determination of
				  eligibility, as required in §300.306(a)(2)
(Determination of
				  Eligibility)
, must contain a statement of
(1) Whether the child has a specific learning
				  disability;
(2) The basis for
				  making the determination, including an assurance that the determination has
				  been made in accordance with §300.306(c)(1)
(Procedures for
				  Determining Eligibility and Educational Needs)
;
(3) The relevant behavior, if any, noted
				  during the observation of the child and the relationship of that behavior to
				  the child's academic functioning;
(4) The educationally relevant medical
				  findings, if any;
(5) Whether
(i) The child does not achieve adequately for
				  the child's age or to meet State-approved grade-level standards consistent with
				  §300.309(a)(1)
(Determining the Existence of a Specific Learning
				  Disability)
; and
(ii)
(A) The child does not make sufficient
				  progress to meet age or State-approved grade-level standards consistent with
				  §300.309(a)(2)(i) (
Determining the Existence of a
				  Specific
Learning Disability
); or
(B) The child exhibits a pattern of strengths
				  and weaknesses in performance, achievement, or both, relative to age,
				  State-approved grade-level standards, or intellectual development consistent
				  with §300.309(a)(2)(ii);
(6) The determination of the group concerning
				  the effects of a visual, hearing, or motor disability, intellectual disability,
				  emotional disturbance, environmental or economic disadvantage, or limited
				  English proficiency on the child's achievement level; and
(7) If the child has participated in a
				  process that assesses the child's response to scientific, research-based
				  intervention
(i) The instructional strategies
				  used and the student-centered data collected; and
(ii) The documentation that the child's
				  parents were notified about
(A)
MDE
's policies regarding the amount and nature of student
				  performance data that would be collected and the general education services
				  that would be provided;
(B)
				  Strategies for increasing the child's rate of learning; and
(C) The parents' right to request an
				  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 D - EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS › Individualized Education Programs › Section 7-34-D-300.320 - Definition of individualized education program

Current through June 25, 2024
(a)
General.
The term individualized education program or IEP
				  means a written statement for each child with a disability that is developed,
				  reviewed, and revised in a meeting in accordance with §§300.320
				  through 300.324, and that must include
(1) A
				  statement of the child's present levels of academic achievement and functional
				  performance, including
(i) How the child's
				  disability affects the child's involvement and progress in the general
				  education curriculum (i.e., the same curriculum as for nondisabled children);
				  or
(ii) For preschool children, as
				  appropriate, how the disability affects the child's participation in
				  appropriate activities;