Senate Bill 2066

AN ACT TO AMEND SECTION 37-23-135, MISSISSIPPI CODE OF 1972, TO REQUIRE PUBLIC SCHOOL DISTRICTS TO DEVELOP AND IMPLEMENT COMPREHENSIVE SAFE-SCHOOL PLANS THAT ARE INCLUSIVE OF AND ACCESSIBLE TO STUDENTS WITH SPECIAL NEEDS; TO REQUIRE SCHOOL DISTRICTS TO PROVIDE PROACTIVE PLANNING, TRAINING AND RESOURCES TO ADDRESS UNIQUE STUDENT NEEDS, PREVENT UNEQUAL SAFETY MEASURES AND VIOLATIONS OF FEDERAL LAW AND REGULATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-23-135, Mississippi Code of 1972, is amended as follows:

37-23-135. (1) For the purposes of this section, each local educational agency is eligible for assistance under IDEA Part B for a fiscal year if, in providing for the education of children with disabilities within its jurisdiction, policies, procedures and programs are in effect that are consistent with the regulations established by the State Department of Education.

(2) The local educational agency shall have in effect policies * * * ~~and~~, procedures, and programs that are consistent with the State Department of Education's policies and procedures to ensure:

(a) A free appropriate public education is available to all children with disabilities residing in the state between the ages of three (3) and twenty (20), inclusive. Educational services for children with disabilities who have been suspended or expelled from school shall be provided based on the requirements of IDEA, applicable federal regulations and state regulations;

(b) The full educational opportunity goal established by the state is implemented;

(c) All children with disabilities, who are in need of special education and related services, including children with disabilities attending private school, regardless of the severity of their disabilities, are identified, located and evaluated;

(d) An individualized education program is developed, reviewed and revised for each child with a disability;

(e) Children with disabilities are provided services within their least restrictive environment;

(f) Children with disabilities and their parents are afforded the procedural safeguards required under IDEA;

(g) Children with disabilities are evaluated as required under IDEA;

(h) The State Department of Education and local education agencies will assure the protection of the confidentiality of any personally identifiable data, information and records collected or maintained as required under IDEA and the Family Rights and Privacy Act * * *.;

(i) Children with disabilities participating in early intervention programs assisted under IDEA Part C who will participate in preschool programs assisted under IDEA Part B shall experience a smooth transition. An individualized educational program shall be developed and implemented by the child's third birthday;

(j) Children with disabilities enrolled in private schools by their parents shall be provided special education and related services to the extent required under IDEA;

(k) Children with disabilities who are placed in private schools or facilities by the local educational agency shall be provided special education and related services, in accordance with an individualized education program, at no cost to their parents;

(l) A comprehensive system of personnel development has been developed to ensure appropriately qualified personnel are available and personnel are trained in accordance with the requirements of the State Department of Education and IDEA;

(m) Personnel providing educational services to children with disabilities meet the personnel standards of the State Department of Education;

(n) The performance goals and indicators shall be implemented as established by the State Board of Education; and

(o) Children with disabilities are included in statewide and district-wide assessment programs, with appropriate accommodations, in accordance with regulations established by the State Board of Education.

(3) The local educational agency shall make available to parents of children with disabilities and to the general public all documents relating to the agency's eligibility under IDEA.

(4) If the State Department of Education determines that a local educational agency is not eligible to receive federal funds due to compliance violations not being resolved within a specified timeline, the local educational agency shall be notified of that determination and shall be provided with reasonable notice and an opportunity for a hearing. The local educational agency in receipt of such notice shall, by means of public notice, take such measures as may be necessary to bring the pendency of an action to withhold funds to the attention of the public within the jurisdiction of such agency.

(5) The State Department of Education, after reasonable notice and an opportunity for a hearing, shall reduce or shall not provide any further payments to the local educational agency until the department is satisfied that the violations have been corrected.

(6) Public school districts, acting through the local school board, shall create inclusive emergency plans to ensure that students with disabilities are safe and have equal access during crises. School districts shall provide that individual emergency plans (IEPs/504s) for each student with a disability to detail accommodations for mobility, communication, medical needs and sensory challenges.

(a) Section 504 of the Rehabilitation Act prohibits discrimination based on disability in any program or activity receiving federal financial assistance, including schools. This law mandates that schools provide reasonable accommodations to students with disabilities to ensure equal access to education, including safety procedures and emergency drills. In addition to the requirements under federal law, Mississippi schools shall emphasize the need to include planning for students with special needs or disabilities in the safe-school plan that:

(i) Takes proactive measures to reduce the likelihood and severity of potential emergencies, referred to as emergency mitigation. This might include actions like strengthening school buildings to withstand natural disasters or implementing security measures to prevent unauthorized access.

(ii) Prepares for a wide range of emergencies. This includes developing and maintaining a detailed plan, conducting regular safety drills, and training staff and students on established crisis responses. Schools must also collaborate with local emergency response agencies and participate in joint exercises to test and improve their preparedness strategies.

(iii) Outlines clear roles and responsibilities for staff and students, communication protocols, and procedures for coordinating with first responders. Emergency drills help to familiarize students and staff with the appropriate actions to take in different scenarios, minimizing confusion and promoting a swift, coordinated response.

(iv) Addresses the actions taken to support the school community in the aftermath of an emergency and to restore normal school activities. This may include providing counseling and support services to students and staff, assessing and repairing damage to facilities, and communicating with parents and the community about the situation and recovery efforts.

(b) When developing their comprehensive safe-school plans, school districts must consider the guidance and resources provided by the state and regional school safety centers.

(c) Schools shall conduct at least one (1) safety-related drill per month, including summer months when school is in session with students. These drills must teach students three (3) basic functional responses, including:

(i) Shelter-in-place: Used to protect students and staff from hazardous materials, like chemicals or radiation, by keeping them inside and away from the exposed outside environment.

(ii) Lockdown: Used to protect students and staff from threats of violence, such as intruders.

(iii) Evacuation: Used to move students and staff away from dangers, like fires, oil spills, or tsunamis.

These drills must be tailored to the specific threats and hazards most likely to impact the school. For example, schools in mapped lahar or tsunami hazard zones must conduct a pedestrian evacuation drill. Additionally, all schools must conduct an earthquake drill using the state-approved "drop, cover, and hold" technique.

(d) The IEP or 504 plan school district teams may gather data about the student's individual needs, consider the nature of the disabilities, and the potential implications for safety planning.

(e) Emergency action plans should build upon the accommodations, modifications, and services already outlined in a student's IEP or 504 plan. For example, if a student requires mobility support to access their seating accommodation in the classroom, this should be factored into the school's shelter-in-place procedures. As should a student's needs for sensory support, such as a fidget, comfort items, or sensory-suppressing device (i.e. headphones, weighted materials). Whether it's running through drills or happening real-world, familiar and personal comfort items can aid our students in self-regulating as they navigate the established emergency procedures.

(f) Students whose IEP or 504 plan include assistive technology may also need access to such devices during an emergency. If the student requires assistive technology to maintain their ability to communicate and receive instructions, this should be written into their Emergency Action Plan. Devices such as communication boards, speech-generating devices, or specialized software should be readily available and functional during drills and actual emergencies. During emergency planning, the team may identify language and terminology to add to devices for the student to communicate needs arising from the crisis. For example, emotions may be added to a communication board to enable a student to express themselves to the same degree as nondisabled students. Being able to communicate their feelings in that moment can boost their ability to self-regulate and adhere to established protocols.

(g) All stakeholders, students, staff, community partners, and parents need to be educated about the school's emergency plan and the specific procedures for supporting students with disabilities, regular drills and exercises involving community partners can help familiarize students with the plan and ensure a coordinated response. Recognizing that some students may become dysregulated by disruptions to their routines, communication is essential! The IEP or 504 plan may include notice of upcoming drills to allow the team to prepare the student, working within the accommodations or services written into the educational program.

(h) School districts shall communicate and collaborate with community partners, including first responders, to ensure the safety and well-being of students, especially those with disabilities. If the student has a new medical condition or there are changes in how to respond to a medical incident, it is crucial to inform the school team and update the school nurse's records. This ensures that any information shared with first responders, with the parent or guardian's signed permission, is accurate and tailored to the child's needs during emergencies.

(i) Federal law requires the inclusion and equitable treatment of students with disabilities in school emergency management plans. School districts shall ensure that students with disabilities receive the same emergency services as their nondisabled peers and are considered during all stages of emergency management planning.

(j) Public school districts shall require proactive planning, training, and resources to address unique needs, preventing unequal safety measures and legal violations regarding exceptional students.

(k) The State Board of Education, acting through the State Department of Education, shall promulgate rules and regulations to implement this subsection (6).

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.