MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Education
By: Representatives McGee, McCarty, Bennett, Roberson, Massengill, Stamps, Carpenter
AN ACT TO AMEND SECTION 37-23-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE STUDENTS WITH SIGNIFICANT DEVELOPMENTAL DISABILITIES, COMPLEX COMMUNICATION NEEDS, SIGNIFICANT LANGUAGE OR LEARNING DEFICITS, WHO ARE UNABLE TO SUFFICIENTLY HAVE THEIR EDUCATIONAL NEEDS MET WITHIN THEIR PUBLIC SCHOOL'S REGULAR OR SPECIAL EDUCATION PROGRAM, TO RECEIVE EDUCATIONAL INSTRUCTION, TRAINING AND SPECIAL EDUCATION SERVICES FROM A STATE-SUPPORTED UNIVERSITY OR COLLEGE AUTHORIZED BY THE STATE DEPARTMENT OF EDUCATION TO PROVIDE SUCH INSTRUCTION AND TRAINING; TO AUTHORIZE QUALIFIED INSTRUCTORS WHO HOLD THE APPROPRIATE LICENSURE ENDORSEMENTS TO SERVE AS THE LEAD TEACHER FOR CHILDREN ENROLLED WITHIN THE UNIVERSITY-BASED PROGRAM (UBP) THROUGH THE IDEA-PART C AND IDEA-PART B ELIGIBILITY AND PLACEMENT PROCESS; TO PROVIDE THAT THE JUSTIFICATION FOR THE PLACEMENT OF EXCEPTIONAL STUDENTS AGES 3 TO 21 IS DETERMINED IN CONJUNCTION WITH THE LOCAL EDUCATION AGENCY THROUGH THE STUDENT'S IEP; TO AMEND SECTION 37-23-33, MISSISSIPPI CODE OF 1972, TO AUTHORIZE SPEECH-LANGUAGE PATHOLOGISTS, EDUCATIONAL AUDIOLOGISTS AND SPECIAL AND EARLY CHILDHOOD EDUCATORS WHO MEET CERTAIN QUALIFICATIONS TO SERVE AS A LEAD TEACHER IN A UNIVERSITY-BASED PROGRAM; TO REQUIRE UNIVERSITY-BASED PROGRAMS TO SUBMIT REPORTS TO THE STATE DEPARTMENT OF EDUCATION AT THE SAME TIME THAT SUCH REPORTS ARE SUBMITTED BY LOCAL EDUCATION AGENCIES; TO AMEND SECTION 37-23-35, MISSISSIPPI CODE OF 1972, TO REQUIRE IDEA-PART B AND PRESCHOOL ALLOCATIONS FOR EACH LOCAL EDUCATION AGENCY TO BE CALCULATED BY THE STATE DEPARTMENT OF EDUCATION; TO REQUIRE A COLLABORATIVE AGREEMENT BETWEEN THE LOCAL EDUCATION AGENCY AND THE UBP; TO REQUIRE THE DEPARTMENT TO DISTRIBUTE ALL NECESSARY STATE FUNDS DIRECTLY TO THE STATE-SUPPORTED UNIVERSITY OR COLLEGE; 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) (a) When
five (5) or more children under twenty-one (21) years of age who,
because of * * * significant developmental disabilities, complex communication
needs, significant language or learning deficits or any combination of
either, are unable to have their educational needs met appropriately
in a regular or special education public school program * * * within
their 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 37-23-33.
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 of students enrolled in a local education agency (LEA) 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. The parent or guardian or local educational agency shall have the
right to audio record the proceedings of individualized education program team
meetings. The parent or guardian or local educational agency shall notify the members
of the individualized education program team of his, her, or its intent to audio
record a meeting at least twenty-four (24) hours prior to the meeting.
(b) Instructors, including speech-language pathologists, educational audiologists and special and early childhood educators are qualified and empowered to serve as the lead teacher for children enrolled within the state-supported university's or college's university-based program (UBP) through the IDEA-Part C and IDEA-Part B eligibility and placement process upon completing instructional licensure requirements for the purposes of funding MAEP special education teacher units.
(c) Due to the significance of the needs of the children served through the UBP, general education setting requirements may not be applicable as the least restrictive environment. Students enrolled in a UBP by a LEA shall meet all state educational requirements, including participation in statewide assessments. Justification for placement decisions is determined in conjunction with the LEA through each child's IEP for ages three (3) to twenty-one (21). The UBP shall submit to the local education agency and the parents of the student in the program a progress report each semester on all IEP goals and objectives. The UBP and local education agency shall confer annually to develop the IEP for each student enrolled in the UBP.
(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 * * * consistent with the requirements of subsection
(2) of this section for 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) Speech-language pathologists, educational audiologists, and special and early childhood educators are qualified and authorized to serve as the lead teacher for children enrolled in a university or college-based program through the IDEA-Part C and IDEA-Part B eligibility and placement process. Whenever communication is a primary area of concern on a child's Individualized Family Service Plan (IFSP) or Individualized Education Program (IEP), a speech-language pathologist or educational audiologist may serve as the lead instructor with an educator serving as a related service provider as necessary to meet the educational needs of the child. Speech-language pathologists and educational audiologists must undergo extensive college coursework in communication-based disorders impacting multiple areas of development, including cognition. The content of the college coursework must include typical and atypical development for ages birth through death. In addition to completing the college coursework, these instructional providers must meet all instructional licensure requirements as set forth by the State Department of Education for the purpose of funding MAEP special education teacher units.
(3) The State Department of Education through its general supervision responsibilities set forth by the Office of Special Education Programs at the United States 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.
(4) A university- or college-based program must submit all reports and data required by the State Department of Education on the same or similar time schedule and in the same or similar manner that same or similar reports and data must be submitted to the department by local educational agencies.
SECTION 3. Section 37-23-35, Mississippi Code of 1972, is amended as follows:
37-23-35. (1) When
any children who are residents of the State of Mississippi and qualify under
the provisions of Section 37-23-31, * * * are provided a program of education,
instruction and training within a school under the provisions of * * * Section 37-23-31, the State
Department of Education shall allocate one (1) teacher unit for each approved
class. The allocation of funds for each teacher unit shall be based on the
teacher's certification and shall be in accordance with * * * Section 37-19-7. The department shall complete
provisional teacher unit approval for university or college-based programs at the
same time teacher units are approved for local educational agencies. The
university or college shall be eligible for state and federal funds for such
programs * * * in accordance with IDEA. The
university or college shall be responsible for providing for the additional
costs of the program.
(2) IDEA-Part B and preschool allocations for each LEA shall be determined and calculated by the State Department of Education with notification provided to the UBP of the total amount of funds being distributed to the LEA. The LEA and UBP shall enter into a collaborative agreement that describes the services provided and the funds required for such services.
(3) State funds for transportation, extended school year and teacher unit allocations, including National Board Certification/Speech-Language Pathology Supplements, shall be distributed by the State Department of Education directly to the state-supported university or college for students placed either through the Individualized Education Program (IEP) process or who are parentally placed. The university-based program (UBP) shall submit this information directly to the State Department of Education.
SECTION 4. This act shall take effect and be in force from and after July 1, 2022.