MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Education
By: Senator(s) Harden
AN ACT TO AMEND SECTION 37-23-139, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE FINDINGS AND DECISIONS OF THE STATE DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION RELATIVE TO A PARENTAL COMPLAINT SHALL BE FORWARDED TO EACH MEMBER OF THE LOCAL SCHOOL BOARD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-23-139, Mississippi Code of 1972, is amended as follows:
37-23-139. (1) The State Department of Education shall establish the necessary rules and regulations in accordance with IDEA to provide for an organization or individual to file a signed written complaint with respect to a violation of federal or state regulations by a local educational agency relating to the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education to such child.
(2) Procedures that require the parent of a child with a disability, or the attorney representing the child, to provide notice to the State Department of Education shall include:
(a) The name of the child, the address of the residence of the child, and the name of the school the child is attending;
(b) A description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem; and
(c) A proposed resolution of the problem to the extent known and available to the parents at the time.
(3) The State Department of Education shall develop a model form to assist parents in filing a complaint in accordance with the requirements under IDEA.
(4) All complaints shall remain protected by the confidentiality requirements under IDEA.
(5) A copy of the findings and decisions of the State Department of Education Office of Special Education relative to a complaint shall be immediately forwarded to each member of the local school board.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.