House Bill 1079

AN ACT TO AMEND SECTION 37-23-139, MISSISSIPPI CODE OF 1972, TO REVISE COMPLAINT PROCEDURES TO REQUIRE LOCAL SCHOOL DISTRICT TO PROVIDE PARENTS OF STUDENTS WITH DISABILITIES WITH DOCUMENTATION OF CERTAIN RESPONSE INFORMATION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-23-139, Mississippi Code of 1972, is amended as follows:

37-23-139. (1) The State Department of Education shall establish the necessary rules and regulations in accordance with IDEA to provide for an organization or individual to file a signed written complaint with respect to a violation of federal or state regulations by a local educational agency relating to the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to such child.

(2) Procedures that require the parent of a child with a disability, or the attorney representing the child, to provide notice to the State Department of Education shall include:

(a) The name of the child, the address of the residence of the child, and the name of the school the child is attending;

(b) A description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem; and

(3) The State Department of Education shall develop a model form to assist parents in filing a complaint in accordance with the requirements under IDEA.

(4) All complaints shall remain protected by the confidentiality requirements under IDEA.

(5) If the local school district sends a complaint response to the State Department of Education, a copy of such response shall be simultaneously provided to the child's parents, along with any correspondence and response by the State Department of Education to the public agency.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.