MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Education
By: Representative Scott
AN ACT TO CREATE THE VOLUNTEER AND PARENTS INCENTIVE PROGRAM; TO DEFINE CERTAIN TERMS; TO AUTHORIZE THE DEPARTMENT OF EDUCATION TO PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ACT; TO REQUIRE THE DEPARTMENT OF EDUCATION TO DEVELOP AND PUBLISH A PUBLICATION ENTITLED "THE PARENTS' BILL OF RIGHTS" TO INFORM PARENTS OF CERTAIN EDUCATIONAL PROGRAMS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This act shall be known and may be cited as the Volunteer and Parents Incentive Program. The Department of Education shall implement and administer the provisions of this act.
(2) For purposes of this section, the following words and phrases shall have the meanings ascribed herein:
(a) "At risk student" means:
(i) A student who is still of school age but whose continued education is in jeopardy because the student is experiencing academic deficits, including but not limited to:
1. Being one or more years behind their age or grade level in mathematics or reading skills through Grade 8 or three (3) or more credits behind in the number of credits toward graduation from Grade 9 through Grade 12;
2. Having low scores on tests of academic achievement and scholastic aptitude;
3. Having low grades and academic deficiencies;
4. Having a history of failure and being held back in school;
5. Having language problems or being from a non-English speaking home; or
6. Not having access to appropriate educational programs.
(ii) A student may also be considered "at risk" if the student has any of the following:
1. A parent or sibling who dropped out of school;
2. Experienced numerous family relocations;
3. Poor social adjustment or deviant social behavior;
4. Employment of more than twenty (20) hours per week while school is in session;
5. Been the victim of racial or ethnic prejudice;
6. Low self-esteem and expectations of teachers, parents and the community;
7. A poorly educated mother or father;
8. Children of their own;
9. A deprived environment that slows economic and social development;
10. A fatherless home;
11. Been the victim of personal or family abuse, including substance abuse, emotional abuse and sexual abuse;
(b) "Department" means the Department of Education;
(c) "Institution of higher education" means a four-year college or university located in the State of Mississippi;
(d) "Program" means the volunteer and parents incentive program;
(e) "Qualifying public school" means a school located in Mississippi that:
(i) Is located in a school district that has been classified by the State Board of Education as unaccredited or provisionally accredited;
(ii) Is located in a school district that has low cost housing, high unemployment and high food stamp use; or
(iii) That has a student population of more than fifty percent (50%) at-risk students.
(3) The Department of Education shall promulgate rules and regulations to implement this section. Any rule or portion of a rule that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the Administrative Procedures Act.
SECTION 2. (1) By January 1, 2011, the Department of Education shall develop and produce a publication entitled "The Parents' Bill of Rights" that shall be designed to inform parents of children with an individualized education program of their educational rights provided under federal and state law. The content of the publication shall not confer any right or rights beyond those conferred by federal or state law and shall state that it is for informational purposes only. The department shall post a copy of this publication on its Web site. The publication shall contain the department's contact information.
(2) The publication shall contain, but may not be limited to, the following general information presented in a clear and concise manner and the department shall ensure the content is consistent with legal interpretations of existing federal and state law and provides equitable treatment of all disability groups and interests:
(a) The right of parents to attend individualized education program meetings and represent their child's interests;
(b) The right of parents to have an advocate or expert present at an individualized education program meeting;
(c) The right of parents to receive a copy of the child's evaluation and to disagree with its results and request one (1) independent educational evaluation at public expense;
(d) The right of parents to provide a written report from outside sources as part of the evaluation process;
(e) The right of parents to examine all school records pertaining to the child and be provided with a copy of the individualized education program;
(f) The right of parents to disagree with the decision of the school district and the individualized education program team and to pursue complaint procedures, including a child complaint filed with the Department of Education, state-paid
mediation and other due process rights;
(g) The right of parents with a child with an individualized education program to participate in reviews of such program, participate in any decision to change any aspects of the individualized education program and meet with school officials whenever a change occurs in their child's education program or classroom placement;
(h) The right of a child to be placed in the least restrictive environment and be placed in a general education classroom, to the greatest extent appropriate;
(i) The right of parents with limited English language
proficiency to request an accommodation to provide effective
communications;
(j) The right of parents to have a free appropriate public education for their child with an individualized education program designed to meet their child's unique needs, which may include, but not be limited to, special education and related services such as assistive technology devices and services, transportation, speech pathology services, audiology services, interpreting services, psychological services, including behavioral interventions, physical therapy, occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and mobility services, school health services, school nurse services, social work services, parent counseling and training and medical services for diagnostic or evaluation purposes.
(3) Each school district shall provide the parent or parents of a child with a copy of this publication upon determining that a student qualifies for an individualized education program, and at any such time as a school district is required under state or federal law to provide the parent or parents with notice of procedural safeguards.
(4) The Department of Education shall review and revise the content of the publication as necessary to ensure the content accurately summarizes current federal and state law and shall promulgate rules and regulations necessary to implement the provisions of this section, including but not limited to, the manner in which the publication described in this section shall be distributed.
(5) Any rule or portion of a rule that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of the Administrative Procedures Act.
SECTION 3. This act shall take effect and be in force from and after July 1, 2010.