MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Education
By: Senator(s) Hopson
AN ACT TO AMEND SECTION 37-23-139, MISSISSIPPI CODE OF 1972, TO PRESCRIBE PROCEDURES TO BE FOLLOWED BY AGGRIEVED INDIVIDUALS AND SCHOOL DISTRICTS FOR INVESTIGATIONS, COMPLAINTS AND APPEALS OF DECISIONS OF THE STATE DEPARTMENT OF EDUCATION REGARDING THE PROVISION OF APPROPRIATE SERVICES TO STUDENTS WITH DISABILITIES PURSUANT TO FEDERAL LAW; 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) Procedures to investigate and resolve complaints shall include:
(a) The State Director of the Office of Special Education under the Mississippi Department of Education shall assign an employee or employees of the Department or an independent investigator to:
(i) Investigate the alleged complaint including conducting an on-site investigation is necessary; and
(ii) Issue a written report with recommendations to the State Director of the Office of Special Education.
(b) The state director shall issue a written decision that addresses each allegation in the complaint and contains:
(i) Findings of fact and conclusions; and
(ii) The reasons for the Department's decision.
(c) If the state director finds there has been a failure to provide appropriate services as required by the IDEA, the director's order shall address how to remediate the denial of those services, including, as appropriate, the awarding of compensatory services or other corrective action appropriate to the needs of the child.
(d) The state director shall mail the written decision and a copy of the investigator's report to the public agency named in the complaint, including, if necessary, orders to the agency with specific timelines for the corrective actions if such actions were found necessary in order to attain compliance with the requirements of the IDEA. If the complaint concerns a specific child, the parent of that child shall receive copies of the decision, the investigator's report, and any orders issued.
(6) Any party to the complaint may appeal the state director's decision in the following manner:
(a) Within ten (10) calendar days of the receipt of the state director's decision, make a written request to the state director for the appointment of a state-level independent, impartial hearing officer to:
(i) Review the evidence presented in the investigation and the investigator's report;
(ii) Review the state director's decision;
(iii) Review any additional documentation, affidavits and written arguments submitted by either party; and
(iv) Issue a final written decision to both parties and the State Director of the Office of Special Education within forty-five (45) days of the State Director's receipt of a written request for appeal.
(b) The appointment of a state-level independent, impartial hearing officer shall be made on a rotation basis. The hearing officer shall not have a personal or professional interest that conflicts with the person's objectivity in the appeal process.
(c) Any party who is aggrieved by the final written decision of the state-level independent, impartial hearing officer has the right to bring a civil action with respect to the final written decision of the hearing officer. The action may be brought in any state court of competent jurisdiction or in a District Court of the United States without regard to the amount in controversy. The party bringing the action shall have forty-five (45) days from the date of the decision of the hearing officer to file a civil action.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.