MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Universities and Colleges

By: Representatives Smith (39th), Brown, Ellzey, Howell, Read, Shows

AN ACT TO AMEND SECTIONS 37-23-31 AND 37-23-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FROM AND AFTER THE PASSAGE OF THIS ACT THE STATE INSTITUTION OF HIGHER LEARNING FURNISHING THE STATE-SUPPORTED COLLEGE AND UNIVERSITY EDUCATION PROGRAM PROVIDED IN SECTIONS 37-23-31 THROUGH 37-23-35, MISSISSIPPI CODE OF 1972, ON THE DATE OF PASSAGE OF THIS ACT SHALL CONTINUE TO SO FURNISH SUCH PROGRAM AND MAY NOT DISCONTINUE FURNISHING SUCH PROGRAM UNTIL AFTER JUNE 30, 1999; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-23-31, Mississippi Code of 1972, is amended as follows:

37-23-31. (1) When five (5) or more children under twenty-one (21) years of age who because of deafness, aphasia, emotional disturbance and/or other low-incidence conditions, are unable to have their educational needs met in a regular public school program, and a special education program in their particular areas of exceptionality is not available in their respective local public school districts, a state-supported university or college shall be authorized and empowered, in its discretion, to provide a program of education, instruction and training to such children, provided that such program shall operate under rules, regulations, policies and standards adopted by the State Department of Education as provided for in Section 37-23-93. The state-supported college or university providing such a program of education, instruction and training as of the effective date of this act shall continue to so provide the program provided in this section and such state-supported college or university is prohibited from ceasing to provide the program before June 30, 1999. The opinion of a parent or guardian in regard to the provision of an appropriate special education program in or by their respective local public school district shall be considered before a placement decision is finalized. Parents shall have any and all rights as provided in the Individuals with Disabilities Education Act, including, but not limited to, the right to equal participation in their child's Individualized Education Program (IEP), the right to require review of their child's IEP, and the right to appeal an IEP Committee decision immediately.

(2) Any state-supported university or college conducting a full-time medical teaching program acceptable to the State Board of Education may, at its discretion, enter into such contracts or agreements with any private school or nonprofit corporation-supported institution, the Mississippi School for the Deaf, or any state-supported institution, providing the special education contemplated by this section for such services, provided the private school or institution offering such services shall have conducted a program of such services at standards acceptable to the State Department of Education for a period of at least one (1) year prior to the date at which the university or college proposes to enter into an agreement or contract for special educational services as described above.

SECTION 2. Section 37-23-33, Mississippi Code of 1972, is amended as follows:

37-23-33. (1) Such program of education, instruction and training as is provided for in Section 37-23-31 shall be furnished in such manner as shall be provided by rules and regulations adopted by the State Board of Education, which for such purposes shall have the full power to adopt such rules, regulations, policies and standards as it may deem necessary to carry out the purpose of Sections 37-23-31 through 37-23-35, including the establishment of qualifications of any teachers employed under the provisions thereof. It is expressly provided, however, that no program of education, instruction and training shall be furnished except in a university or college supported by the State of Mississippi and only in cases where such university or college shall consent thereto and shall provide any classroom space, furniture and facilities which may be deemed necessary in carrying out the provisions of those sections.

(2) The state-supported college or university which consented to furnish the program of education, instruction and training and is furnishing such a program as of the effective date of this act shall continue to so furnish the program provided in this section, and is prohibited from ceasing to furnish the program before June 30, 1999.

(3) The State Department of Education shall require that the program of education, instruction and training be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success.

SECTION 3. This act shall take effect and be in force from and after its passage.