MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Education

By: Representative Brown

House Bill 1144

(As Sent to Governor)

AN ACT TO AMEND SECTION 37-23-63, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT EXCEPTIONAL CHILDREN REQUIRING INPATIENT CARE IN A PRIVATE INTERMEDIATE CARE FACILITY FOR THE MENTALLY RETARDED OR A PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY ARE ELIGIBLE FOR BOTH STATE AND FEDERAL FINANCIAL ASSISTANCE IF THE FACILITY OPERATES AN APPROVED PRIVATE SCHOOL; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-23-63, Mississippi Code of 1972, is amended as follows:

     37-23-63.  Every child who is a resident citizen of the State of Mississippi under twenty-one (21) years of age, who cannot pursue all regular class work due to reasons of defective hearing, vision, speech, intellectual disability or other mental or physical conditions as determined by competent medical authorities and psychologists, who has not finished or graduated from high school, and who is in attendance in a private school, parochial school or speech, hearing and/or language clinic that is accredited by a state or regional accrediting agency or approved/licensed by the State Department of Education, shall be eligible and entitled to receive state financial assistance in the amount set forth in Section 37-23-69.  Exceptional children as defined in Section 37-23-3(1) and who are certified by the designated state authority as requiring inpatient care in a private intermediate care facility for the mentally retarded or psychiatric residential treatment facility, with Medicaid reimbursement, shall be eligible and entitled to receive state and federal financial assistance under the provisions of Section 37-23-69, as allowable and available, if an approved private school is operated as an integral part of the facility that provides twenty-four (24) hours a day monitoring, treatment and education.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2011.