House Bill 1279

AN ACT TO AMEND SECTION 37-16-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT STUDENTS WITH CERTAIN INTELLECTUAL, PHYSICAL AND EMOTIONAL DISABILITIES SHALL BE EXEMPT FROM THE REQUIREMENT OF CERTAIN STANDARDS FOR GRADUATION; TO AUTHORIZE THE STATE BOARD OF EDUCATION TO DEVELOP AND ISSUE CRITERIA FOR A MISSISSIPPI OCCUPATIONAL DIPLOMA FOR CERTAIN STUDENTS WHICH SHALL BE EFFECTIVE BEGINNING WITH THE 2023-2024 SCHOOL YEAR; TO PROVIDE FOR THE ISSUANCE OF ANY AVAILABLE FUNDS TO ELIGIBLE STUDENTS IN THE FORM OF GRANTS TO ASSIST IN MEETING THOSE REQUIREMENTS ESTABLISHED FOR GRADUATION WITH AN OCCUPATIONAL DIPLOMA; TO PROVIDE THAT UPON MEETING APPLICABLE REQUIREMENTS ESTABLISHED BY THE LOCAL SCHOOL BOARD SUCH STUDENTS SHALL BE AWARDED A MISSISSIPPI OCCUPATIONAL DIPLOMA; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-16-11, Mississippi Code of 1972, is amended as follows:

37-16-11. (1) A student who has been properly classified, in accordance with rules established by the State Board of Education, as an "educable person with an intellectual disability," "trainable person with an intellectual disability," "deaf," "specific learning disabled," "physically handicapped whose ability to communicate orally or in writing is seriously impaired" or "emotionally handicapped" or placed in an alternative school for no less than one (1) year shall not be required to meet all requirements of Section 37-16-7, and shall, upon meeting all applicable requirements prescribed by the district school board, be awarded a special diploma in a form prescribed by the state board; however, such special graduation requirements prescribed by the district school board shall include minimum graduation requirements as prescribed by the state board. Any such student who meets all special requirements of the district school board for his exceptionality, but is unable to meet the appropriate special state minimum requirements, shall be awarded a special certificate of completion in a form prescribed by the state board. Nothing provided in this section, however, shall be construed to limit or restrict the right of an exceptional student solely to a special diploma. Any such student shall, upon proper request, be afforded the opportunity to fully meet all requirements of Section 37-16-7 through the standard procedures established therein and thereby qualify for a standard diploma upon graduation.

(2) The State Board of Education shall develop and issue criteria for a Mississippi Occupational Diploma for students having a disability as defined by the federal Individuals with Disabilities Education Act. Beginning with the 2002-2003 school year, any such student, upon proper request, shall be afforded the opportunity to fully meet such requirements and qualify for an occupational diploma upon graduation.

(3) * * * The State Board of Education shall develop and issue criteria for a Mississippi Occupational Diploma for students placed in an alternative school for no less than one (1) year. Beginning with the 2023-2024 school year, any such student, upon proper request, shall be afforded the opportunity to fully meet such requirements and qualify for an occupational diploma upon graduation. Any individual who is eligible to receive an occupational diploma under this section shall also be eligible to receive any additional assistance in the form of grants from any funds made available for purposes of receiving services and equipment related to his or her disability to further aid such student to meet the necessary benchmarks established by the board to qualify for graduation and receipt of an occupational diploma.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.