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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.612 - Notice to parents

Current through June 25, 2024
(a) The
MDE
give
s
notice that is adequate to fully
				  inform parents about the requirements of §300.123, including
(1) A description of the extent that the
				  notice is given in the native languages of the various population groups in the
				  State;
(2) A description of the
				  children on whom personally identifiable information is maintained, the types
				  of information sought, the methods
MDE
intends to use in
				  gathering the information (including the sources from whom information is
				  gathered), and the uses to be made of the information;
(3) A summary of the policies and procedures
				  that participating agencies must follow regarding storage, disclosure to third
				  parties, retention, and destruction of personally identifiable information;
				  and
(4) A description of all of the
				  rights of parents and children regarding this information, including the rights
				  under FERPA and implementing regulations in 34 CFR part 99.
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.613 - Access rights

Current through June 25, 2024
(a) Each
				  participating agency must permit parents to inspect and review any education
				  records relating to their children that are collected, maintained, or used by
				  the agency under this part. The agency must comply with a request without
				  unnecessary delay and before any meeting regarding an IEP, or any hearing
				  pursuant to §300.507 or §§300.530 through 300.532, or resolution
				  session pursuant to §300.510, and in no case more than
forty-five
				  (
45
)
days after the request has been made.
(b) The right to inspect and review education
				  records under this section includes
(1) The
				  right to a response from a participating agency to reasonable requests for
				  explanations and interpretations of the records;
(2) The right to request that the agency
				  provide copies of the records containing the information if failure to provide
				  those copies would effectively prevent the parents from exercising the right to
				  inspect and review the records; and
(3) The right to have a representative of the
				  parent inspect and review the records
after providing written
				  authorization to the agency.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.614 - Record of access

Current through June 25, 2024
Each participating agency must keep a record of parties
					 obtaining access to education records collected, maintained, or used under Part
					 B of
IDEA
(except access by parents and
					 authorized employees of the participating agency), including the name of the
					 party, the date access was given, and the purpose for which the party is
					 authorized to use the records.
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.615 - Records on more than one child

Current through June 25, 2024
If any education record includes information on more than
					 one child, the parents of those children have the right to inspect and review
					 only the information relating to their child or to be informed of that specific
					 information.
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.616 - List of types and locations of information

Current through June 25, 2024
Each participating agency must provide parents on request a
					 list of the types and locations of education records collected, maintained, or
					 used by the agency.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.617 - Fees

Current through June 25, 2024
(a) Each participating agency may charge a
				  fee for copies of records that are made for parents under this part if the fee
				  does not effectively prevent the parents from exercising their right to inspect
				  and review those records.
(b) A
				  participating agency may not charge a fee to search for or to retrieve
				  information under this part.
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.618 - Amendments of records at parent's request

Current through June 25, 2024
(a) A parent who
				  believes that information in the education records collected, maintained, or
				  used under
Part B of IDEA
is inaccurate or misleading or
				  violates the privacy or other rights of the child may request the participating
				  agency that maintains the information to amend the information.
(b) The agency must decide whether to amend
				  the information in accordance with the request within a reasonable period of
				  time of receipt of the request.
(c)
				  If the agency decides to refuse to amend the information in accordance with the
				  request, it must inform the parent of the refusal and advise the parent of the
				  right to a hearing under §300.619.
(d)
If the agency agrees to amend
				  the information in accordance with the request, it must notify the parent
				  within a reasonable time period when the amendment has been
				  completed.
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.619 - Opportunity for a hearing

Current through June 25, 2024
The agency must, on request, provide an opportunity for a
					 hearing to challenge information in education records to ensure that it is not
					 inaccurate, misleading, or otherwise in violation of the privacy or other
					 rights of the child.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.620 - Result of hearing

Current through June 25, 2024
(a) If, as a result
				  of the hearing, the agency decides that the information is inaccurate,
				  misleading, or otherwise in violation of the privacy or other rights of the
				  child, it must amend the information accordingly and so inform the parent in
				  writing.
(b) If, as a result of the
				  hearing, the agency decides that the information is not inaccurate, misleading,
				  or otherwise in violation of the privacy or other rights of the child, it must
				  inform the parent of the parent's right to place in the records the agency
				  maintains on the child a statement commenting on the information or setting
				  forth any reasons for disagreeing with the decision of the agency.
(c) Any explanation placed in the records of
				  the child under this section must
(1) Be
				  maintained by the agency as part of the records of the child as long as the
				  record or contested portion of the record is maintained by the agency;
				  and
(2) If the records of the child
				  or the contested portion are disclosed by the agency to any party, the
				  explanation must also be disclosed to the party.
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.621 - Hearing procedures

Current through June 25, 2024
A hearing held under §300.619 must be conducted
					 according to the procedures at 34 CFR
§
99.22.
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.622 - Consent

Current through June 25, 2024
(a) Parental consent must be obtained before
				  personally identifiable information is disclosed to parties, other than
				  officials of participating agencies in accordance with paragraph (b)(1)
below
, unless the information is contained in education
				  records, and the disclosure is authorized without parental consent under 34 CFR
				  part 99.
(b)
(1) Except as provided in paragraphs (b)(2)
				  and (b)(3)
below
, parental consent is not required before
				  personally identifiable information is released to officials of participating
				  agencies for purposes of meeting a requirement of this part.
(2) Parental consent, or the consent of an
				  eligible child who has reached the age of majority under State law
(age
				  21)
, must be obtained before personally identifiable information is
				  released to officials of participating agencies providing or paying for
				  transition services in accordance with §300.321(b)(3).
(3) If a child is enrolled, or is going to
				  enroll in a private school that is not located in the LEA of the parent's
				  residence, parental consent must be obtained before any personally identifiable
				  information about the child is released between officials in the LEA where the
				  private school is located and officials in the LEA of the parent's
				  residence.
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.623 - Safeguards

Current through June 25, 2024
(a) Each participating agency must protect
				  the confidentiality of personally identifiable information at collection,
				  storage, disclosure, and destruction stages.
(b) One official at each participating agency
				  must assume responsibility for ensuring the confidentiality of any personally
				  identifiable information.
(c) All
				  persons collecting or using personally identifiable information must receive
				  training or instruction regarding
the MDE
's policies and
				  procedures under §300.123 and 34 CFR part 99.
(d) Each participating agency must maintain,
				  for public inspection, a current listing of the names and positions of those
				  employees within the agency who may have access to personally identifiable
				  information.
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.624 - Destruction of information

Current through June 25, 2024
(a) The public
				  agency must inform parents when personally identifiable information collected,
				  maintained, or used under this part is no longer needed to provide educational
				  services to the child.
(b) The
				  information must be destroyed at the request of the parents. However, a
				  permanent record of a student's name, address, telephone number, his or her
				  grades, attendance record, classes attended, grade level completed, and year
				  completed may be maintained without time limitation.
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.625 - Children's rights

Current through June 25, 2024
(a) The
MDE
				  has
policies and procedures regarding the extent to which children are
				  afforded rights of privacy similar to those afforded to parents, taking into
				  consideration the age of the child and type or severity of
				  disability.
(b) Under the
				  regulations for FERPA in 34 CFR section 99.5(a), the rights of parents
				  regarding educational records are transferred to the student at age
eighteen (
18
)
.
(c) If the rights accorded to parents under
				  Part B of
IDEA
are transferred to a student who reaches the
				  age of majority, consistent with §300.520, the rights regarding
				  educational records in §§300.613 through 300.624 must also be
				  transferred to the student. However, the public agency must provide any notice
				  required under section 615 of
IDEA
to the student and 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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.626 - Enforcement

Current through June 25, 2024
The
MDE has
in effect polices
					 and procedures, including sanctions that the
MDE
uses, to ensure that its policies and procedures consistent with
					 §§300.611 through 300.625 are followed and that the requirements of
IDEA
and the regulations in this part 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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Confidentiality of Information › Section 7-34-F-300.627 - Omitted

Current through June 25, 2024
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Reports - Program Information › Section 7-34-F-300.640 - Annual report of children served - report requirement

Current through June 25, 2024
(a) The
MDE
annually
				  report
s
to the Secretary on the information required by
				  section 618 of
IDEA
at the times specified by the
				  Secretary.
(b) The
MDE
submit
s
the report on forms provided by
				  the Secretary.
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Reports - Program Information › Section 7-34-F-300.641 - Annual report of children served - information required in the report

Current through June 25, 2024
(a) For purposes of the annual report
				  required by section 618 of
IDEA
and §300.640, the
MDE
and the Secretary of the Interior must count and report
				  the number of children with disabilities receiving special education and
				  related services on any date between October 1 and December 1 of each year. The
MDE has selected December 1.
(b) For the purpose of this reporting
				  provision, a child's age is the child's actual age on the date of the child
				  count.
(c) The
MDE
may not report a child under more than one disability category.
(d) If a child with a disability has more
				  than one disability, the
MDE
must report that child in
				  accordance with the following procedure
(1)
				  If a child has only two
(2)
disabilities and those
				  disabilities are deafness and blindness, and the child is not reported as
				  having a developmental delay, that child must be reported under the category
				  "deaf-blindness."
(2) A child who
				  has more than one disability and is not reported as having deaf-blindness or as
				  having a developmental delay must be reported under the category "multiple
				  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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Reports - Program Information › Section 7-34-F-300.642 - Data reporting

Current through June 25, 2024
(a)
Protection of personally identifiable data.
The data described
				  in section 618(a) of
IDEA
and in §300.641 must be
				  publicly reported by the
MDE
in a manner that does not result
				  in the disclosure of data identifiable to individual children.
(b)
Sampling. Upon receiving
				  permission from the Secretary of Education, Mississippi may
obtain the
				  data in section 618(a) of
IDEA
through sampling.
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Reports - Program Information › Section 7-34-F-300.643 - Annual report of children served certification

Current through June 25, 2024
The
MDE
include
s
in its report a certification signed by
					 an authorized official of the agency that the information provided under
					 §300.640 is an accurate and unduplicated count of children with
					 disabilities receiving special education and related services on
December 1
.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Reports - Program Information › Section 7-34-F-300.644 - Annual report of children served criteria for counting children

Current through June 25, 2024
The
MDE
may include in its
					 report children with disabilities who are enrolled in a school or program that
					 is operated or supported by a public agency, and that
(a) Provides them with both special education
				  and related services that meet State standards;
(b) Provides them only with special
				  education, if a related service is not required, that meets State standards;
				  or
(c) In the case of children with
				  disabilities enrolled by their parents in private schools, counts those
				  children who are eligible under
IDEA
and receive special
				  education or related services or both that meet State standards under
				  §§300.132 through 300.144.
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Reports - Program Information › Section 7-34-F-300.645 - Annual report of children served other responsibilities of the MDE

Current through June 25, 2024
In addition to meeting the other requirements of
					 §§300.640 through 300.644, the
MDE
(a)
				  Establish
es
procedures to be used by LEAs and other
				  educational institutions in counting the number of children with disabilities
				  receiving special education and related services;
(b) Set
s
dates by which
				  those agencies and institutions must report to the
MDE
to
				  ensure that the State complies with §300.640(a);
(c) Obtain
s
certification
				  from each agency and institution that an unduplicated and accurate count has
				  been made;
(d)
				  Aggregate
s
the data from the count obtained from each agency
				  and institution, and prepare
s
the reports required under
				  §§300.640 through 300.644; and
(e) Ensure
s
that
				  documentation is maintained that enables the
MDE
and the
				  Secretary to audit the accuracy of the count.
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 F - MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION › Reports - Program Information › Section 7-34-F-300.646 - Disproportionality

Current through June 25, 2024
(a)
General.
The
MDE
provide
s
for the collection and
				  examination of data to determine if significant disproportionality based on
				  race and ethnicity is occurring in the State and the LEAs with respect to
(1) The identification of children as
				  children with disabilities, including the identification of children as
				  children with disabilities in accordance with a particular impairment described
				  in section 602(3) of
IDEA
;
(2) The placement in particular educational
				  settings of these children; and
(3)
				  The incidence, duration, and type of disciplinary actions, including
				  suspensions and expulsions.
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 G - AUTHORIZATION, ALLOTMENT, USE OF FUNDS, AND AUTHORIZATION OF APPROPRIATIONS › Allotments, Grants, and Uses of Funds › Section 7-34-G-300.700 - Omitted

Current through June 25, 2024
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 G - AUTHORIZATION, ALLOTMENT, USE OF FUNDS, AND AUTHORIZATION OF APPROPRIATIONS › Allotments, Grants, and Uses of Funds › Section 7-34-G-300.701 - Omitted

Current through June 25, 2024
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 G - AUTHORIZATION, ALLOTMENT, USE OF FUNDS, AND AUTHORIZATION OF APPROPRIATIONS › Allotments, Grants, and Uses of Funds › Section 7-34-G-300.702 - Omitted

Current through June 25, 2024
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 G - AUTHORIZATION, ALLOTMENT, USE OF FUNDS, AND AUTHORIZATION OF APPROPRIATIONS › Allotments, Grants, and Uses of Funds › Section 7-34-G-300.703 - Omitted

Current through June 25, 2024
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 G - AUTHORIZATION, ALLOTMENT, USE OF FUNDS, AND AUTHORIZATION OF APPROPRIATIONS › Allotments, Grants, and Uses of Funds › Section 7-34-G-300.704 - State-level activities

Current through June 25, 2024
(a)
State
				  administration.
(1) For the purpose
				  of administering Part B of
IDEA
, including paragraph (c)
below
, section 619 of
IDEA
, and the
				  coordination of activities under Part B of
IDEA
with, and
				  providing technical assistance to, other programs that provide services to
				  children with disabilities
The MDE
may reserve for each fiscal
				  year not more than the maximum amount the State was eligible to reserve for
				  State administration under section 611 of
IDEA
for fiscal year
				  2004 or $800,000 (adjusted in accordance with paragraph (a)(2)
below
), whichever is greater.
(2) For each fiscal year, beginning with
				  fiscal year 2005, the Secretary cumulatively adjusts
(i) The maximum amount
Mississippi
was eligible to reserve for State administration
				  under section 611 of
IDEA
for fiscal year 2004; and
(ii) $800,000, by the rate of inflation as
				  measured by the percentage increase, if any, from the preceding fiscal year in
				  the Consumer Price Index For All Urban Consumers, published by the Bureau of
				  Labor Statistics of the Department of Labor.
(3) Prior to expenditure of funds under
				  paragraph (a)
above
, the
MDE
must certify to
				  the Secretary that the arrangements to establish responsibility for services
				  pursuant to section 612(a)(12)(A) of
IDEA
are
				  current.
(4) Funds reserved under
				  paragraph (a)(1)
above
may be used for the administration of
				  Part C of
IDEA
, if the
MDE
is the lead agency
				  for
Mississippi
under that Part.
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 G - AUTHORIZATION, ALLOTMENT, USE OF FUNDS, AND AUTHORIZATION OF APPROPRIATIONS › Allotments, Grants, and Uses of Funds › Section 7-34-G-300.706 - Reserved

Current through June 25, 2024
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 G - AUTHORIZATION, ALLOTMENT, USE OF FUNDS, AND AUTHORIZATION OF APPROPRIATIONS › Secretary of the Interior › Section 7-34-G- 300.718 - Omitted

Current through June 25, 2024
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 H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.800 - In general

Current through June 25, 2024
The Secretary provides grants under section 619 of
IDEA
to assist States to provide special
				  education and related services in accordance with Part B of
IDEA
(a)
				To children with disabilities aged three
(3)
through five
(5)
years; and
(b)
				At a
public agency's
discretion, to two-year-old children with
				disabilities who will
be
turn
ing
three
(3)
during the school 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 H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.803 - Definition of State

Current through June 25, 2024
As used in this subpart, State means each of the
fifty (
50
)
States,
				  the District of Columbia, and the Commonwealth of Puerto
				  Rico.
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 H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.804 - Eligibility

Current through June 25, 2024
A State is eligible for a grant under section 619 of
IDEA
if the State
(a) Is eligible under 612 of
IDEA
to receive a grant under Part B of
IDEA
;
				and
(b) Makes FAPE available to all
				children with disabilities, aged three
(3)
through five
(5)
, residing 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 H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.806 - Eligibility for financial assistance

Current through June 25, 2024
No State or LEA, or other public institution or agency, may
				  receive a grant or enter into a contract or cooperative agreement under subpart
				  2 or 3 of part D of
IDEA
that relates exclusively
				  to programs, projects, and activities pertaining to children aged three
(3)
through five
(5)
years, unless the State is eligible to
				  receive a grant under section 619(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 H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.807 - Allocations to States

Current through June 25, 2024
The Secretary allocates the amount available to carry out
				  section 619 of
IDEA
for a fiscal year among the
				  States in accordance with §§300.808 through
				  300.810.
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 H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.808 - Increase in funds

Current through June 25, 2024
If the amount available for allocation to States under
				  §300.807 for a fiscal year is equal to or greater than the amount
				  allocated to the States under section 619 of
IDEA
for the preceding fiscal year, those allocations are calculated as
				  follows-
(a)Except as provided in
				§300.809, the Secretary-
(1) Allocates
				to each State the amount the State received under section 619 of
IDEA
for fiscal year 1997;
(2) Allocates
eighty-five
				(
85
)
percent of any remaining funds to States on the
				basis of the States' relative populations of children aged three
(3)
through five
(5)
; and
(3) Allocates
fifteen
				(
15
)
percent of those remaining funds to States on
				the basis of the States' relative populations of all children aged three
(3)
through five
(5)
who are living in
				poverty.
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 H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.809 - Limitations

Current through June 25, 2024
(a) Notwithstanding §300.808,
				allocations under that section are subject to the following
(1) No State's allocation may be less than
				its allocation under section 619 of
IDEA
for the preceding
				fiscal year.
(2) No State's
				allocation may be less than the greatest of
(i) The sum of
(A) The amount the State received under
				section 619 of
IDEA
for fiscal year 1997; and
(B) One-third of one percent of the amount by
				which the amount appropriated under section 619(j) of
IDEA
for
				the fiscal year exceeds the amount appropriated for section 619 of
IDEA
for fiscal year 1997;
(ii) The sum of
(A) The amount the State received under
				section 619 of
IDEA
for the preceding fiscal year;
				and
(B) That amount multiplied by
				the percentage by which the increase in the funds appropriated under section
				619 of
IDEA
from the preceding fiscal year exceeds 1.5
				percent; or
(iii) The sum
				of
(A) The amount the State received under
				section 619 of
IDEA
for the preceding fiscal year;
				and
(B) That amount multiplied by
ninety (
90
)
percent of the percentage
				increase in the amount appropriated under section 619 of
IDEA
from the preceding fiscal 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 H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.810 - Decrease in funds

Current through June 25, 2024
If the amount available for allocations to States under
				  §300.807 for a fiscal year is less than the amount allocated to the States
				  under section 619 of
IDEA
for the preceding
				  fiscal year, those allocations are calculated as follows
(a) If the amount available for allocations
				is greater than the amount allocated to the States for fiscal year 1997, each
				State is allocated the sum of
(1) The amount
				the State received under section 619 of
IDEA
for fiscal year
				1997; and
(2) An amount that bears
				the same relation to any remaining funds as the increase the State received
				under section 619 of
IDEA
for the preceding fiscal year over
				fiscal year 1997 bears to the total of all such increases for all
				States.
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 H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.812 - Reservation for State activities

Current through June 25, 2024
(a)
Mississippi
may reserve not more than the amount described in
				paragraph (b) of this section for administration and other State-level
				activities in accordance with §§300.813 and 300.814.
(b) For each fiscal year, the Secretary
				determines and reports to the
MDE
an amount that is
twenty-five (
25
)
percent of the amount the
				State received under section 619 of
IDEA
for fiscal year 1997,
				cumulatively adjusted by the Secretary for each succeeding fiscal year by the
				lesser of
(1) The percentage increase, if any,
				from the preceding fiscal year in the State's allocation under section 619 of
IDEA
; or
(2) The
				rate of inflation, as measured by the percentage increase, if any, from the
				preceding fiscal year in the Consumer Price Index For All Urban Consumers,
				published by the Bureau of Labor Statistics of the Department of
				Labor.
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 H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.813 - State Administration

Current through June 25, 2024
(a) For the
				purposes of administering section 619 of
IDEA
(including the
				coordination of activities under Part B of
IDEA
with, and
				providing technical assistance to, other programs that provide services to
				children with disabilities),
the
State may use not more than
twenty (
20
)
percent of the maximum amount the
				State may reserve under §300.812 for any fiscal year.
(b) Funds described in paragraph (a) of this
				section may also be used for the administration of Part C of
IDEA
.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 34 - State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 › Subpart H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.814 - Other State-level activities

Current through June 25, 2024
Mississippi
must use any funds
				  the State reserves under §300.812 and does not use for administration
				  under §300.813
(a) For support
				services (including establishing and implementing the mediation process
				required by section 615(e) of
IDEA
), which may benefit
				children with disabilities younger than three
(3)
or older
				than five
(5)
as long as those services also benefit children
				with disabilities aged three
(3)
through five
(5)
;
(b) For
				direct services for children eligible for services under section 619 of
IDEA
;
(c) For
				activities at the State and local levels to meet the performance goals
				established by the State under section 612(a)(15) of
IDEA
;
(d) To
				supplement other funds used to develop and implement a statewide coordinated
				services system designed to improve results for children and families,
				including children with disabilities and their families, but not more than one
(1)
percent of the amount received by the State under section
				619 of
IDEA
for a fiscal year;
(e) To provide early intervention services
				(which must include an educational component that promotes school readiness and
				incorporates preliteracy, language, and numeracy skills) in accordance with
				Part C of
IDEA
to children with disabilities who are eligible
				for services under section 619 of
IDEA
and who previously
				received services under Part C of
IDEA
until such children
				enter, or are eligible under State law to enter, kindergarten; or
(f) At the State's discretion, to continue
				service coordination or case management for families who receive services under
				Part C of
IDEA
consistent with §300.814(e).
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 H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.815 - Subgrants to LEAs

Current through June 25, 2024
Each State that receives a grant under section 619 of the Act
				  for any fiscal year must distribute all of the grant funds the State does not
				  reserve under §300.812 to LEAs (including public charter schools that
				  operate as LEAs) in the State that have established their eligibility under
				  section 613 of the Act. Effective with funds that become available on July 1,
				  2009, each State must distribute funds to eligible LEAs that are responsible
				  for providing education to children aged three through five years, including
				  public charter schools that operate as LEAs, even if the LEA is not serving any
				  preschool 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 H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.816 - Allocations to LEAs

Current through June 25, 2024
(a)
Base
				payments.
The State must first award each LEA described in
				§300.815 the amount that agency would have received under section 619 of
IDEA
for fiscal year 1997 if the State had distributed
seventy-five (
75
)
percent of its grant for
				that year under section 619(c)(3), as such section was then in
				effect.
(b)
Base payment
				adjustments.
For fiscal year 1998 and beyond
(1) If a new LEA is created, the State must
				divide the base allocation determined under paragraph (a) of this section for
				the LEAs that would have been responsible for serving children with
				disabilities now being served by the new LEA, among the new LEA and affected
				LEAs based on the relative numbers of children with disabilities ages three
(3)
through five
(5)
currently provided
				special education by each of the LEAs;
(2) If one or more LEAs are combined into a
				single a new LEA, the State must combine the base allocations of the merged
				LEAs; and
(3) If for two or more
				LEAs, geographic boundaries or administrative responsibility for providing
				services to children with disabilities ages three
(3)
through
				five
(5)
changes, the base allocations of affected LEAs must
				be redistributed among affected LEAs based on the relative numbers of children
				with disabilities ages three
(3)
through five
(5)
currently provided special education by each affected
				LEA.
(4) If an LEA received a base
				payment of zero in its first year of operation, the SEA must adjust the base
				payment for the first fiscal year after the first annual child count in which
				the LEA reports that it is serving any children with disabilities aged three
				through five years. The State must divide the base allocation determined under
				paragraph (a) of this section for the LEAs that would have been responsible for
				serving children with disabilities aged three through five years now being
				served by the LEA, among the LEA and affected LEAs based on the relative
				numbers of children with disabilities aged three
(3)
through
				five
(5)
years currently provided special education by each of
				the LEAs. This requirement takes effect with funds that become available on
				July 1, 2009.
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 H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.817 - Reallocation of LEA funds

Current through June 25, 2024
If
the MDE
determines that an
				  LEA is adequately providing FAPE to all children with disabilities aged three
(3)
through five
(5)
residing in the area served by the LEA with
				  State and local funds, the
MDE
may reallocate any
				  portion of the funds under section 619 of
IDEA
that are not needed by that LEA to provide FAPE to other LEAs in the State that
				  are not adequately providing special education and related services to all
				  children with disabilities aged three
(3)
through
				  five
(5)
residing in the areas the other LEAs
				  serve.
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 H - PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES › Section 7-34-H-300.818 - Part of IDEA inapplicable

Current through June 25, 2024
Part C of
IDEA
does not apply
				  to any child with a disability receiving FAPE, in accordance with Part B of
IDEA
, with funds received under section 619 of
IDEA
.
SPECIAL EDUCATION ELIGIBILITY
				  DETERMINA
				  TION
GUIDELINES
It is necessary to adhere to federal regulations and
				  corresponding State Policies when evaluating children suspected of having
				  disabilities and when making eligibility determinations for special education.
				  The applicable federal regulations and corresponding State policies include:
				  §§300.8, 300.39, and 300.304 through 300.311.
LEAs, State Board governed schools, and special State
				  agency schools are allowed to make special education eligibility determinations
				  for children. University based programs, local and regional juvenile detention
				  centers and private school programs are required to work with the LEA
				  responsible for Child Find to determine special education eligibility for
				  children.
GENERAL
				  INFORMATION
The information outlined in this section applies to
				  all eligibility determinations.
A.
A comprehensive evaluation to
				determine special education eligibility must:
1.
Assure that lack of appropriate
				instruction in math or reading, including the essential components of reading
				instruction as defined in section 1208(3) of ESEA, is not the
determinant
factor; and
2.
Assure that limited English
				proficiency or social or cultural differences are not the determinant factors;
				and
3.
Indicate
				the child needs special education and related services; and
4.
Identify all educational needs to
				be addressed in development of the IEP, regardless of whether those needs are
				typically linked to the disability category; and
5.
Consistently support the presence
				of a disability.
NOTE: If data appear to represent inconsistencies but
				  the team agrees the preponderance of the data supports the presence of a
				  disability and need for special education and related services, the perceived
				  inconsistencies must be documented and explained.
Mississippi Administrative Code › Title 7 - Education K-12 › Part 109 - Student Assessment Handbook › Chapter 2 - Creating a District and School Test Security Plan › Section 7-109-2-A - Signatures

Current through June 25, 2024
The District Test Security Plan is signed by the district
				  superintendent, the district test coordinator, and the chairman of the school
				  board. The School Test Security Plan, which is a part of the District Test
				  Security Plan, is signed by the school principal, school test coordinator, and
				  the district test coordinator. See the
District Test Security Plan
				  Guidance
Document in Appendix A of this Handbook for the assurances
				  and signature form for the District Test Security Plan.
Additional Guidance from Appendix F on District Test
				  Security Plans
1. The District
				Test Coordinator or a designated representative (licensed employee) of the
				school district must attend applicable training sessions sponsored by the
				Office of Student Assessment.
(Appendix F, Section IV,
				1)
2. A District Test
				Security Plan is prepared each new school year no later than October
				31st.
a. The
				District Test Security Plan contains all components as required by the Office
				of Student Assessment.
b. The
				District Test Security Plan is signed by the district superintendent, the
				district test coordinator and the chairman of the school board. The School Test
				Security Plan, which is a part of the District Test Security Plan, is signed by
				the school principal, school test coordinator, and the district test
				coordinator.
c. The District Test
				Security Plan identifies all individuals who have access to the secure storage
				area at district and school sites.
(Appendix F, Section IV,
				2)
Mississippi Administrative Code › Title 7 - Education K-12 › Part 109 - Student Assessment Handbook › Chapter 2 - Creating a District and School Test Security Plan › Section 7-109-2-B - Training

Current through June 25, 2024
In the District and School Plan Section B
In this section you will need to outline, for each test
				  administered, all training that district and school level personnel have
				  attended. This training may have occurred at the district level, school level,
				  or both. Both the district and the school plan must contain the following
				  documentation for each training session held:
A. A dated, detailed agenda of the training
				done in preparation for all tests
B. A copy of hand-outs, transparencies,
				and/or other materials used in training
C. Documentation that participants were
				informed of consequences of testing violations
D. Signatures of all who attended the
				training
Additional Guidance from Appendix F for
				  Training
* Any person involved in any phase of the testing program has
				  been trained in appropriate assessment administration and test security
				  procedures.
1. Test administrators
				shall be licensed school personnel.
a. Due to
				the need for the one-on-one administration of the English language proficiency
				test for English Language Learners, which includes component subtests such as
				reading, writing, speaking, listening, the test administrator may be a
				non-licensed employee as long as the proctor for the administration is a
				licensed staff member.
b. For only
				the English language proficiency test for English Language Learners, if a
				licensed employee is the test administrator, the district is not obligated to
				provide a second person as proctor.