MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Education
By: Representative Brown
AN ACT TO REPEAL SECTION 37-23-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR A DUE PROCESS HEARING REGARDING AN EXCEPTIONAL CHILD'S IDENTIFICATION, EVALUATION OR EDUCATIONAL PLACEMENT; TO AMEND SECTION 37-23-150, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-23-11, Mississippi Code of 1972, which provides for a due process hearing regarding an exceptional child's identification, evaluation or educational placement, is repealed.
SECTION 2. Section 37-23-150, Mississippi Code of 1972, is amended as follows:
37-23-150. It is the intent of the Legislature that none of the provisions of Sections 37-16-9, 37-23-1 through 37-23-9 and 37-23-133 through 37-23-149 shall create mandates that impose financial or legal requirements upon local school districts that are greater or more restrictive upon local school districts as required by the Individuals with Disabilities Education Act of 1997 and any later amendments or regulations thereunder, or any other relevant federal legislation. Furthermore, it is not the intent of the Legislature to impose any additional state unfunded mandates for the implementation of this act. Any provisions of this act that are inconsistent, create additional unfunded state mandates, or that are more restrictive upon school districts than federal requirements shall be expressly unenforceable and have no effect.
SECTION 3. This act shall take effect and be in force from and after July 1, 2010.