MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education; Appropriations
By: Senator(s) Burton
AN ACT TO ESTABLISH THE NATE ROGERS SCHOLARSHIP FOR STUDENTS WITH DISABILITIES PROGRAM; TO PROVIDE FOR STUDENT ELIGIBILITY REQUIREMENTS FOR RECEIPT OF A SCHOLARSHIP AND RESTRICTING ELIGIBILITY THEREFOR; TO PROVIDE FOR THE TERM OF THE SCHOLARSHIP; TO STIPULATE THE OBLIGATIONS OF PARENTS OR LEGAL GUARDIANS, STUDENTS AND SCHOOLS AND SCHOOL DISTRICTS; TO PRESCRIBE THE DUTIES OF THE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION REGARDING THE ADMINISTRATION OF THE SCHOLARSHIP PROGRAM; TO PROVIDE THE DEPARTMENT OF EDUCATION WITH THE AUTHORITY TO VERIFY THE ELIGIBILITY OF NONPUBLIC SCHOOLS AND TO ESTABLISH THE PROCESS FOR NOTIFICATIONS OF VIOLATIONS; TO AUTHORIZE THE STATE BOARD OF EDUCATION TO DENY, SUSPEND OR REVOKE A SCHOOL'S PARTICIPATION IN THE SCHOLARSHIP PROGRAM AND THE PROCEDURES TAKEN WITH RESPECT THEREFOR; TO ESTABLISH THE PROCEDURES TO BE FOLLOWED IN DETERMINING A STUDENT'S ELIGIBILITY FOR AN INDIVIDUALIZED EDUCATIONAL PROGRAM OR 504 ACCOMMODATION PLAN AS PRESCRIBED UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA); TO PROVIDE THE TERMS UNDER WHICH THE EVALUATIONS MAY BE ASSESSED; TO REQUIRE THE PARTICIPATING SCHOOLS TO SUBMIT ANNUAL REPORTS TO THE STATE DEPARTMENT OF EDUCATION; TO REQUIRE THE STATE TO PAY DIRECTLY TO THE SCHOOL ANY FEDERAL OR STATE AID ATTRIBUTABLE TO A STUDENT WITH A DISABILITY ATTENDING THE SCHOOL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Nate Rogers Scholarships for Students with Disabilities Program is established to provide the option to attend a public school other than the one to which assigned, or to provide a scholarship to a nonpublic school, for students with disabilities for whom:
(a) An Individualized Education Program (IEP) has been written in accordance with the Individuals with Disabilities Education Act (IDEA) or has been developed at any time before notifying the State Department of Education of the intent to participate in the program and the IEP is in effect at the time the request for a scholarship is received by the State Department of Education; or
(b) A 504 accommodation plan has been issued under Section 504 of the Rehabilitation Act of 1973.
(2) Students with disabilities include students in Grades K through 12 who are documented as having either of the following:
(a) An intellectual disability;
(b) A speech impairment;
(c) A language impairment;
(d) A hearing impairment, including deafness;
(e) A visual impairment, including blindness;
(f) A dual sensory impairment;
(g) An orthopedic impairment;
(h) Another health impairment;
(i) An emotional disturbance or behavioral disability;
(j) A specific learning disability, including, but not limited to:
(i) Dyslexia;
(ii) Dyscalculia;
(iii) Developmental aphasia;
(k) A traumatic brain injury;
(l) A developmental delay; or
(m) Autism spectrum disorder.
SECTION 2. Nate Rogers Scholarship eligibility. (1) The parent of a student with a disability, as defined in Section 1 of this act, may request and shall receive from the state a Nate Rogers Scholarship for the child to enroll in and attend a nonpublic school in accordance with this section if:
(a) The student has a current Individualized Education Program (IEP) or a 504 accommodation plan issued under Section 504 of the Rehabilitation Act of 1973;
(b) Upon request of the parent, each local school district shall complete an individual education evaluation for a student requesting a current individualized educational plan and make an initial determination of whether the student's disability qualifies under the Individuals with Disabilities Education Act (IDEA) to receive services and funding under the provisions of the IDEA for an IEP before proceeding to the development of a 504 Plan for each disabled student eligible for educational services or equipment, or both, under Sections 37-23-1 through 37-23-157. If a student's diagnosis results in a determination that the disability is not a disability which would qualify the student as eligible under the IDEA, then in developing the written 504 Plan for each student, there shall be a presumption that academic proficiency is essential for the student to achieve appropriate educational progress. Each local school district shall develop interventions and strategies to address the needs of those students with disabilities which provide the necessary accommodations to enable the student to achieve appropriate educational progress. The interventions and strategies developed shall include, but not be limited to, the use of the 3-Tier Instructional Model and the utilization of provisions of the IDEA and Section 504 to address those needs; and
(c) The parent has obtained acceptance for admission of the student to an eligible nonpublic school and has requested from the department a scholarship at least sixty (60) days before the date of the first scholarship payment. The request must be communicated directly to the department in a manner that creates a written or electronic record of the request and the date of receipt of the request. The department must notify the district of the parent's intent upon receipt of the parent's request.
(2) A dependent child of a member of the United States Armed Forces who transfers to a school in this state from out of state or from a foreign country due to a parent's permanent change of station orders is exempt from this section, but shall meet all other eligibility requirements in order to be eligible for a scholarship.
SECTION 3. Nate Rogers Scholarship prohibitions. A student is not eligible for a Nate Rogers Scholarship:
(a) While he or she is enrolled in the Mississippi School for the Deaf and the Blind or any other public school;
(b) While he or she is not having regular and direct contact with his or her nonpublic school teachers at the school's physical location; or
(c) If he or she has been issued a temporary 504 accommodation plan, valid for six (6) months or less, under Section 504 of the Rehabilitation Act of 1973.
SECTION 4. Term of Nate Rogers Scholarship. (1) For purposes of continuity of educational attainment, a Nate Rogers Scholarship shall remain in force until the student returns to a public school, graduates from high school or reaches the age of twenty-one (21), whichever occurs first. A scholarship student who enrolls in a public school or public school program is considered to have returned to a public school for the purpose of determining the end of the scholarship's term. However, if a student enters a juvenile justice detention center for a period of no more than twenty-one (21) days, the student is not considered to have returned to a public school for that purpose.
(2) Upon sixty (60) days' notice to the department and the school district, the student's parent may remove the student from the nonpublic school and place the student in a public school in accordance with this section.
(3) Upon sixty (60) days' notice to the department, the student's parent may transfer the student from one (1) participating nonpublic school to another participating nonpublic school.
(4) Scholarships shall be awarded beginning with the 2013-2014 school year.
(5) Acceptance of a scholarship under the provisions of this section shall have the same effect as a parental refusal to revocation of consent to service under 20 USCS, Sections 614(a) (1), 1414(a)(1)(D) and 1414(C) of the IDEA.
SECTION 5. School district obligations; parental options. (1) Annually, by April 1, and within ten (10) days after an Individualized Education Program (IEP) meeting or a 504 accommodation plan is issued under Section 504 of the Rehabilitation Act of 1973, a school district shall:
(a) Notify the parent of the student, in writing, of all options available under this section;
(b) Inform the parent of the availability of the department's telephone hotline and Internet website for additional information on Nate Rogers Scholarships; and
(c) Offer that student's parent an opportunity to enroll the student in another public school in the district.
Notice of all the options required to be provided under this subsection shall also be published in the Procedural Safeguards Manual for Parents, required under Section 37-23-137.
(2) (a) The parent is not required to accept the offer of enrolling in another public school in lieu of requesting a Nate Rogers Scholarship to a nonpublic school. However, if the parent chooses the public school option, the student may continue attending a public school chosen by the parent until the student graduates from high school or reaches the age of twenty-one (21).
(b) If the parent chooses a public school within the student's resident school district, the school district shall provide transportation to the public school selected by the parent. The parent is responsible for providing transportation to a public school chosen outside of the resident school district.
(3) For a student with disabilities who does not have an Individualized Education Program, a school district must complete an IEP within sixty (60) days from the date of referral.
(4) A school district must complete a Section 504 evaluation within sixty (60) days from the date of referral.
(5) A school district shall provide notification to parents of the available formal reevaluation for each student who receives a Nate Rogers Scholarship every three (3) years, or as determined necessary by the IEP evaluation team under the provisions of the IDEA. The cost of the reevaluation shall be the responsibility of the school district.
(6) If the parent chooses the nonpublic school option and the student is accepted by the nonpublic school pending the availability of a space for the student, the parent of the student must notify the department sixty (60) days before the first scholarship payment and before entering the nonpublic school in order to be eligible for the scholarship when a space becomes available for the student in the nonpublic school.
(7) The parent of a student may choose, as an alternative, to enroll the student in and transport the student to a public school in an adjacent school district which has available space and has a program with the services agreed to in the student's IEP or 504 accommodation plan already in place. That school district shall accept the student and report the student for purposes of the district's funding pursuant to the Mississippi Adequate Education Program base student cost.
SECTION 6. Nonpublic school eligibility and obligations. To be eligible to participate in the Nate Rogers Scholarship Program, a nonpublic school shall notify the State Department of Education of its intent to participate. The notice shall specify the grade levels and services that the nonpublic school has available for students with disabilities who are participating in the scholarship program. The State Department of Education shall approve a nonpublic school as eligible to participate in the scholarship program upon determination that the nonpublic school:
(a) Is accredited by the State Department of Education, the Mississippi Association of Independent Schools, the American Association of Christian Schools, the Association of Christian Schools International, the Southern Association of Colleges and Schools, or is affiliated with Accelerated Christian Education, Inc.;
(b) Demonstrates fiscal soundness by having been in operation for one (1) school year or providing the State Department of Education with a statement by a certified public accountant confirming that the nonpublic school desiring to participate is insured and the owner or owners have sufficient capital or credit to operate the school for the upcoming year by serving the number of students anticipated with expected revenues from tuition and other sources that may be reasonably expected. In lieu of a statement, a surety bond or letter of credit for the amount equal to the scholarship funds for any quarter may be filed with the department;
(c) Certifies that they will not discriminate against students or applicants on the basis of race, color or national origin;
(d) Meets state and local health and safety laws and codes;
(e) Will remain academically accountable to the parent or legal guardian for meeting the educational needs of the student;
(f) Employs or contracts with teachers who hold baccalaureate or higher degrees, or have at least three (3) years of teaching experience in public or nonpublic schools, or have special skills, knowledge, or expertise that qualifies them to provide instruction in subjects taught;
(g) Complies with all state laws relating to general regulation of nonpublic schools; and
(h) Adheres to the tenets of its published disciplinary procedures before the expulsion of a scholarship student.
SECTION 7. (1) Scholarship participants shall comply with the following:
(a) The parent or legal guardian shall select the nonpublic school from the schools approved for eligibility pursuant to Section 6 of this act and apply for the admission of the child;
(b) The parent or legal guardian shall request the scholarship no later than January 1 of the school year during which the scholarship is requested;
(c) Any student participating in the scholarship program shall attend throughout the school year, unless excused by the school for illness or other good cause, and shall comply fully with the code of conduct for the school;
(d) The parent or legal guardian shall fully comply with the parental involvement requirements of the nonpublic school, unless excused by the school for illness or other good cause; and
(e) Upon issuance of a scholarship warrant, the parent or legal guardian to whom the warrant is made shall restrictively endorse the warrant to the nonpublic school for deposit into the account of the nonpublic school. The parent or legal guardian may not designate any entity or individual associated with the nonpublic school as the attorney in fact for the parent or legal guardian to endorse a warrant. A parent or legal guardian who fails to comply with this subparagraph shall forfeit the scholarship.
(2) A participant who fails to comply with the requirements of subsection (1) of this section forfeits the scholarship.
(3) The participating school is not required to abide by the IEP developed by the transferring school district's IEP team. The parent and the participating school may mutually determine the best services and educational plan for the student.
SECTION 8. Provisions governing payment of scholarship funds and state department of education obligations. (1) Upon receipt of the parent's request for a scholarship, the department shall review the student's IEP or 504 accommodation plan to determine the amount of the scholarship. Within ten (10) days the department shall provide the student's parent with a written explanation of its determination of the amount of the scholarship.
(2) The initial scholarship payment shall be made by the department within ten (10) days after a student enrolls in an eligible nonpublic school. During this ten-day period, the department shall verify the school's eligibility and the student's admission acceptance and enrollment.
(3) The maximum scholarship granted to an eligible child shall be the amount equivalent to the cost of the education that would have been provided for the child in the resident school district. This amount shall be determined by the department as specified in subsection (1) of this section.
(4) The minimum scholarship granted to an eligible child shall be the lesser of the amount equivalent to the Mississippi Adequate Education Program base cost; or the amount of the participating school's estimated costs for serving the child.
(5) The parents of the eligible child shall be responsible for paying the difference in cost if the participating school's estimated costs exceed the amount of the scholarship as calculated according to subsections (3) and (4) of this section.
(6) The amount of any assessment fee required by the nonpublic school and the amount associated with providing services, including transportation, and therapies to address the disabilities of the student may be paid from the total amount of the scholarship. The amount of the scholarship shall be prorated to reflect the number of days remaining in the current school year, if the scholarship request is granted after the beginning of the school year;
(7) (a) A participating student shall be counted for the adequate education program allotments by his resident school district. The funds necessary to provide a scholarship shall be deducted from state aid to the school district allotted for that student and remitted by the department to the parents as a scholarship warrant.
(b) The warrant shall be mailed by the department to the nonpublic school that the parent chooses. The parent shall restrictively endorse the warrant to the nonpublic school for deposit into the account of the nonpublic school. The parent may not designate any entity or individual associated with the participating nonpublic school as the parent's attorney in fact to endorse a voucher warrant. A participant who fails to comply with this paragraph forfeits the scholarship.
(8) (a) Participating nonpublic schools under this program shall report to the State Department of Education the number of students with disabilities who are enrolled in nonpublic schools on the Nate Rogers Scholarship for Students With Disabilities as of September 30 of each year in order to determine funding for the subsequent year. Funds may not be transferred from any funding provided to the Mississippi School for the Deaf and the Blind for program participants who are eligible under Section 3 of this act.
(b) The State Department of Education shall disburse payments to participating nonpublic schools under this program in twelve (12) substantially equal installments. The initial payment shall be made after department verification of admission acceptance, and subsequent payments shall be made upon verification of continued enrollment and attendance at the participating nonpublic school.
(9) At any time, the student's parent may remove the student from the participating school and place the student in another participating school or a school in that student's resident school district.
(10) A participating school may not refund, rebate or share a student's scholarship with a parent or the student in any manner. A student's scholarship may only be used for educational purposes.
(11) The State Department of Education shall calculate the total cost of all scholarships for all eligible students in the state. The State Department of Education shall then reserve or retain from the total amount appropriated to the department to fund all scholarship payments.
(12) The State Department of Education shall not reduce the amount of the scholarship unless the initial IEP or 504 accommodation plan is amended at the request of the parents.
(13) The State Department of Education shall not be responsible for any additional costs associated with special education and related services incurred by the nonpublic school for the student including the cost of teachers, equipment, material and special costs associated with the special education class.
SECTION 9. (1) The State Department of Education shall establish a toll-free telephone number or website that provides parents or legal guardians and nonpublic schools with information about the program.
(2) The State Department of Education shall require an annual, notarized, sworn compliance statement by participating nonpublic schools certifying compliance with state laws and shall retain all records received from a participating nonpublic school.
(3) The State Department of Education shall cross-reference the list of participating scholarship students with the public school enrollments before each scholarship payment to avoid duplication.
SECTION 10. (1) The State Board of Education shall deny, suspend or revoke the participation of a nonpublic school in the scholarship program if it is determined that the nonpublic school has failed to comply with the provisions of this act. However, in instances in which the noncompliance is correctable within a reasonable amount of time and in which the health, safety, or welfare of the students is not threatened, the department shall issue a notice of noncompliance which shall provide the nonpublic school with thirty (30) days to provide evidence of compliance before taking action to suspend or revoke participation in the scholarship program.
(2) If the State Board of Education has grounds to deny, suspend, or revoke the participation of a nonpublic school in the scholarship program, the department shall notify the nonpublic school of the proposed action in writing by certified mail and regular mail to the nonpublic school's address of record with the department. The department shall also notify any parents or legal guardians of scholarship students attending the nonpublic school. The notification shall include the reasons for the proposed action and notice of the timelines and procedures set forth in this subsection.
(3) (a) The nonpublic school that is adversely affected by the proposed action shall have fifteen (15) days from receipt of the notice of proposed action to file with the board a request for an administrative hearing proceeding.
(b) Upon receipt of a request for a hearing, the board shall conduct a hearing within sixty (60) days after the receipt of the formal written request and enter an order within thirty (30) days after the hearing.
(c) The board may immediately suspend payment of scholarship funds if it is determined that there is probable cause to believe that there is an imminent threat to the health, safety, or welfare of the students or fraudulent activity on the part of the nonpublic school.
SECTION 11. No liability shall arise on the part of the state, the State Board of Education, the State Department of Education or a school district based on the award or use of any scholarship provided through the Nate Rogers Special Needs Scholarship Program.
SECTION 12. (1) A receiving nonpublic school that accepts students benefiting from a Nate Rogers Scholarship is not an agent or arm of the state or federal government and participating, nonpublic schools shall possess the freedom to provide for the educational needs of their students without governmental control.
(2) The inclusion of nonpublic schools within options available to public school students in Mississippi shall not expand the regulatory authority of the state or any school district to impose any additional regulation of nonpublic schools beyond those reasonably necessary to enforce the requirements expressly set forth in this section.
SECTION 13. If the State Department of Education determines that a school district has failed to comply with the provisions of the Nate Rogers Scholarship for Students with Disabilities Program and has failed to make full or partial scholarship payments for eligible students, the department shall have authority to reduce the amount of state aid allocated to the school district or require the school district to make repayment to the department of state aid allocations in an amount equal to the amount of scholarship payments the school district failed to make. The department shall make payment to the nonpublic school in the amount the school district failed to make in the manner as provided for in Section 8 of this act.
SECTION 14. If any provision of this law or its application is held invalid, the invalidity does not affect other provisions or applications of this law which can be given effect without the invalid provision or application and to this end the provisions of this law are severable.
SECTION 15. This act shall take effect and be in force from and after July 1, 2013.