MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Education; Public Health and Human Services
By: Representative Brown
AN ACT TO CREATE THE JOINT EDUCATION AND MENTAL HEALTH STUDY COMMITTEE TO STUDY AND MAKE ANNUAL RECOMMENDATIONS TO THE GOVERNOR AND THE REGULAR SESSION OF THE LEGISLATURE REGARDING THE NEED FOR ASSISTANCE IN SHAPING PUBLIC POLICY TO IMPROVE STUDENT OUTCOMES AND EDUCATIONAL OPPORTUNITIES FOR STUDENTS WITH SERIOUS EMOTIONAL, BEHAVIORAL DISORDERS; TO PROVIDE FOR THE MEMBERSHIP OF THE TASK FORCE; TO SET FORTH THE DUTIES OF THE TASK FORCE; TO CREATE A JOINT LEGISLATIVE STUDY COMMITTEE ON REFORMING THE MISSISSIPPI EDUCATION SYSTEM FOR CHILDREN, YOUTH AND TRANSITION-AGED YOUTH WITH MENTAL HEALTH NEEDS; TO AUTHORIZE THE COMMITTEE TO MAKE A REPORT TO THE LEGISLATURE; TO PROVIDE FOR THE MEMBERSHIP OF THE STUDY COMMITTEE; TO AMEND SECTION 1, CHAPTER 484, LAWS OF 2010, TO REVISE THE COMPOSITION OF THE TASK FORCE TO STUDY STRATEGIES FOR SOLVING THE CURRENT TEACHER SHORTAGE IN MISSISSIPPI AND TO EXTEND THE DATE OF ITS DISSOLUTION UNTIL THE FILING OF ITS LEGISLATIVE REPORT IN 2013; TO SET FORTH THE DUTIES OF THE STUDY COMMITTEE; AND FOR RELATED PURPOSES.
WHEREAS, a Children's Mental Health Summit was held on October 25, 2010, and as a result, the major issues reports by families from focus groups were related to their children's educational needs; and
WHEREAS, depending on their specific situations, children with behavioral, emotional or social disorders can be identified and helped in either regular education or special education; and WHEREAS, although these two (2) systems were designed to insure that all children in need get help, in reality the two (2) processes are confusing and sometimes used against each other; and
WHEREAS, in a small pilot survey done by families with families in preparation for the recent Children's Mental
Health Summit, forty-two percent (42%) of respondents endorsed the statement, "My child's school makes it harder, rather than easier, for him to get help."; and
WHEREAS, according to Child Find Data, 2008, children with emotional disturbances that qualify for special education services are under-identified in Mississippi, where only one thousand eight hundred twenty-eight (1,828) were identified, which, using the most conservative statistical estimates, should have been at least four thousand four hundred (4,400); and
WHEREAS, according to the State Department of Education's 2008 Exit Data, there were one hundred forty-eight (148) Mississippi public school students between ages fourteen (14) and twenty-one (21) with emotional disturbance (EmD) rulings, among whom, twenty-seven (27) received regular diplomas, eighty-two (82) received certificates, seventeen (17) returned to regular education and twenty-two (22) dropped out; and
WHEREAS, when it comes to further education or employment of theses individuals, having a certificate is equivalent to having no diploma at all, and both regular education and special education teachers need better training and more support; and
WHEREAS, it is critical that all state systems that serve children, work collaboratively to address these complex and challenging issues, and it is imperative that the State Department of Education be an active partner in practice, policy and reimbursement reform; NOW, THEREFORE,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is created the Joint Education and Mental Health Study Committee to study and make annual recommendations to the Mississippi Legislature and to assist in shaping public policy to improve student outcomes and educational opportunities for students with serious emotional, behavioral disorders in regular and special education in the State of Mississippi. The study group shall be composed of the following members:
(a) One (1) person who is a member of the governing body of a school district, to be appointed by the State Superintendent of Public Education;
(b) One (1) appointed by the Executive Director of the Mississippi State Department of Education (no designee);
(c) One (1) person who is the Director of Special Education services in a school district, to be appointed
by the State Superintendent of Public Education;
(d) One (1) person who is a representative of the State Department of Mental Health, to be appointed by the executive director of the department;
(e) One (1) regular education teacher to be appointed by a local school district;
(f) One (1) special education teacher to be appointed by a local school district;
(g) The Executive Director of Mississippi Families as Allies for Children's Mental Health;
(h) One (1) person each who is a representative of Parent and Training Institute, Mississippi Disability Rights, Southern Echo, Mississippi Center for Justice and National Alliance on Mental Illness (NAMI), to be appointed by the executive directors of each respective organization;
(i) One (1) person who is a representative of the Department of Rehabilitation Services appointed by the
executive director of the department;
(j) One (1) person who is a representative of the Department of Human Services appointed by the executive director of the department;
(k) One (1) person who is a representative of a local school district Positive Behavioral Intervention Support (PBIS) model; and
(l) Two (2) family members and one (1) youth designated by each of the advocacy organizations listed above and Mississippi Families as Allies.
(2) Members of the study group shall work together to insure that family members are representative of the regions of the state and the various types of relevant issues in both special education and regular education specific issues.
(3) The study committee is tasked with the following responsibilities:
(a) Collecting and analyzing data on out-of-school suspensions;
(b) Collecting and analyzing data on alternative school placement;
(c) Collecting and analyzing data on the use of corporal punishment;
(d) Reviewing the use of Medicaid payments for mental health services in schools;
(e) Determining the use of funds being used by LEAs for due process hearings, and other procedures;
(f) Requiring the State Department of Education to report on LEAs compliance with IDEA;
(g) Eliminating the confusion between regular education and special education;
(h) Establishing a clear defined process for requesting services;
(i) Evaluating the accountability of IEPs being carried out in the local school districts;
(j) Reviewing training provided for school personnel, beyond classroom management, interventions and preventions;
(k) Promoting mandatory professional development training on disabilities and specific disorders;
(l) Urging districts to use psychiatrists in the IEP process;
(m) Evaluating how districts pay for legal services to attend IEP meetings; and
(n) Evaluating why dropout rates for children and youth with mental health issues are higher than the average rate.
(4) Appointments to the task force shall be made within thirty (30) days after the effective date of this act. The task force shall hold its first meeting not later than August 15, 2011, with the date, time and location of the meeting to be designated by the State Superintendent of Public Education. At the first meeting the task force shall elect from among its membership a chairman, vice chairman and any other officers determined to be necessary, who shall organize the task force for business and determine the date and locations of subsequent meetings.
(5) Members of the task force shall serve without compensation for their services, but may be reimbursed for necessary expense in attending to the actual business of the task force from any available funds, as provided by law. Legislative members shall be reimbursed from the contingent expense fund of their respective house, but only with the specific approval of the Rules Committee of the respective house. The task force, by approval of a majority of its membership, may accept funds that may be donated or provided in the form of grants from public or private sources.
(6) Any department, agency or court of this state, at the request of the chairman of the task force, shall provide staff and other support necessary for the task force to perform its duties.
(7) The study committee shall report to the Governor and the Legislature by not later than January 1, 2012, and by January 1 every year thereafter.
SECTION 2. (1) There is created the Joint Legislative Study Committee on Reforming the Mississippi Education System for Children, Youth and Transition-Aged Youth with Mental Health Needs to study and make a report to the Mississippi Legislature and to assist in shaping public policy to improve student outcomes and educational opportunities for students with serious emotional, behavioral disorders in regular and special education in the State of Mississippi.
(2) The study committee shall, at a minimum, make a thorough examination of the following:
(a) The current delivery system of education and related services by state, regional and local public entities for the designated population through "regular" education, "special" education and "alternative" education;
(b) Examination of the current processes for identification of, accommodations for, academic provisions and related services for the designated population;
(c) Examination of State Department of Education, regional and local public schools' adherence to all federal and state guidelines, policies procedures and requirements for education and related services for this population, including students who meet criteria for Section 504 of the Rehabilitation Act, IDEA and the Americans with Disabilities Act (ADA);
(d) Examination of the disparity and lack of uniformity of adherence to the federal and state protections named above within the one hundred eighty-two (182) school districts in Mississippi and the State Department of Education's accountability on this issue;
(e) Examination of federal, state and local funding sources that are currently used or could be used to bring education and related services solutions to scale for the designated population and the State Department of Education's accountability to the Legislature in this regard;
(f) Examination of the disparities and gap between the number of children currently identified as having an emotional disturbance (EmD) ruling under IDEA and the prevalence estimates of the number of children in Mississippi with serious mental health needs;
(g) Examination of the current dropout rate of students in Mississippi versus the number of dropouts, nongraduates, suspension and expulsion rates in the designated population and the reasons for such;
(h) Examination of the State Department of Education's role in researching best practices and evidence-based practices that serve the targeted population and its role in disseminating and training state, regional and local staff on these models;
(i) Examination of the State Department of Education's lack of executive level adherence to the requirements of the Mississippi Statewide System of Care;
(j) Mandate statewide public hearings or focus groups coordinated by families and youth to gather information from families and youth through a contract between the State Department of Education and a statewide advocacy group for the designated population; and
(k) Any other matters of importance relating to the education of the designated population.
(3) The Joint Legislative Study Committee shall be composed of the following twelve (12) members:
(a) The Chairman of the House Public Health and Human
Services Committee and the Chairman of the Senate Public Health and Welfare Committee, who will be co-chairmen of the joint study committee;
(b) The Chairmen of the House and Senate Education Committees, who will be co-chairmen of the joint study committee;
(c) The Chairman of the House Appropriations Committee, or his designee;
(d) The Chairman of the Senate Appropriations Committee, or his designee;
(e) Three (3) senators to be appointed by the Lieutenant Governor; and
(f) Three (3) representatives to be appointed by the Speaker of the House of Representatives.
(4) Appointments to the task force shall be made within thirty (30) days after the effective date of this act. The task force shall hold its first meeting on a date, time and location designated jointly by the Speaker of the House of Representatives and the Lieutenant Governor. A majority of the members of the committee shall constitute a quorum. In the adoption of rules, resolutions and reports, an affirmative vote of a majority of the members of each house shall be required.
(5) Members of the study committee shall be reimbursed from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session, but only with the specific approval of the Rules Committee of the respective houses; however, no per diem or expense for attending meetings of the study committee may be paid while the Legislature is in session. Members of the study committee may receive per diem and expenses when the Legislature is in session but in recess under the terms of a concurrent resolution, or in recess during a special session, but only with the specific approval of the Rules Committee of the respective houses.
(6) The study committee shall make an initial report of its findings and recommendations to the Legislature not later than December 1, 2011. At the time of submission of its final report, the study committee shall be dissolved.
(7) (a) The Lieutenant Governor and the Speaker of the
House of Representatives, in their discretion, may jointly appoint not more than twenty (20) members to an advisory council to the joint committee. The members of the advisory council appointed in 2011 shall continue to serve as long as the study committee continues in existence.
(b) The members of the advisory council either shall be
engaged professionally in rendering academic or related services for the designated population, be parents or guardians of those children in the designated population, or be representatives of advocacy organizations for the designated population as follows:
(i) The State Superintendent of Public Education;
(ii) Five (5) representatives of the State Department of Education representing the fields of special education, regular education, teaching and recruitment, alternative education and drop out prevention;
(iii) The Executive Director of the Mississippi School Boards Association;
(iv) The Executive Director of the Mississippi Association of School Superintendents;
(v) The Executive Director of Mississippi Parent Training and Information Center;
(vi) The Executive Director of Mississippi Families as Allies for Children's Mental Health, Incorporated;
(vii) A parent or guardian of a child or youth in the designated population who has experienced severe school difficulties due to lack of school adherence to federal,
state or local policies and procedures;
(viii) A youth leader in the designated population;
(ix) The Executive Director or the Children and Youth Director of the Department of Mental Health;
(x) A child psychiatrist;
(xi) A child psychologist;
(xii) A representative of the Division of Medicaid;
(xiii) A representative of the Board of Trustees of State Institutions of Higher Learning; and
(xiv) Representatives from the Mississippi Parent Training and Information Center; the Mississippi Chapter of the National Alliance on Mental Illness; Southern Echo, Parents United Together and the Mississippi Coalition for Citizens with Disabilities.
(c) The advisory council may meet with the Joint Legislative Study Committee and may hold special meetings as deemed necessary.
(6) Any department, agency or court of this state, at the request of the chairmen of the study, shall provide staff and other support necessary for the study committee to perform its duties.
SECTION 3. Section 1 of Chapter 484, Laws of 2010, is amended as follows:
Section 1. (1) The Task Force to Study Strategies for Solving the Current Teacher Shortage in Mississippi is created to study and make recommendations to the Governor and the Legislature regarding teacher attrition, retention and growth in our state. The task force shall study and make recommendations on the following key areas:
(a) Teacher salaries;
(b) Future educators;
(c) Working conditions of educators;
(d) Relevant professional development for educators;
(e) Adequate and equitable resources and support for educators;
(f) Safety and respect in the schools; and
(g) Parental and community involvement in the schools.
(2) Members of the task force shall be composed of the following:
(a) The State Superintendent of Public Education, or his designee;
(b) One (1) person appointed by the Governor;
(c) The Chairmen of the Senate and House Education Committees;
(d) The Chairmen of the Senate and House Universities and Colleges Committees;
(e) The Chairmen of the Senate and House Appropriations Committees;
(f) Three (3) classroom teachers appointed by the State Board of Education, one (1) to be an elementary teacher, one (1) to be a middle school teacher and one (1) to be a high school teacher;
(g) One (1) assistant teacher appointed by the Mississippi Association of Educators;
(h) One (1) principal appointed by the State Board of Education;
(i) One (1) local school superintendent appointed by the Mississippi Association of School Superintendents; * * * (j) Two (2) deans of the College of Education of a Mississippi public or private university appointed by the Board of Trustees of State Institutions of Higher Learning;
(k) The Commissioner of Higher Education, or his designee; and
(l) The Executive Director of the State Board for Community and Junior Colleges, or his designee.
Appointments to the task force shall be made within thirty (30) days after the effective date of this act. The task force shall hold its first meeting not later than August 1, 2010, with the date, time and location of the meeting to be designated by the State Superintendent of Education. At the first meeting the task force shall elect from among its membership a chairman, vice chairman and any other officers determined to be necessary, who shall organize the task force for business and determine the date and locations of subsequent meetings.
Members of the task force shall serve without compensation for their services, but may be reimbursed for necessary expense in attending to the actual business of the task force from any available funds, as provided by law. Legislative members shall be reimbursed from the contingent expense fund of their respective house, but only with the specific approval of the Rules Committee of the respective house. The task force, by approval of a majority of its membership, may accept funds that may be donated or provided in the form of grants from public or private sources.
(3) Any department, agency or court of this state, at the request of the chairman of the task force, shall provide staff and other support necessary for the task force to perform its duties.
(4) Upon presentation of its report to the Governor and the 2013 Regular Session of the Legislature, the task force shall be dissolved."
SECTION 4. This act shall take effect and be in force from and after July 1, 2011.