MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Education

By: Representative Crawford

House Bill 639

AN ACT TO AMEND SECTION 37-23-150, MISSISSIPPI CODE OF 1972, TO REMOVE THE LEGISLATIVE INTENT PROVISION THAT ALLOWS MANDATES TO BE IMPOSED UPON LOCAL SCHOOL DISTRICTS THAT ARE GREATER OR MORE RESTRICTIVE THAN THE PROVISIONS OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-23-150, Mississippi Code of 1972, is amended as follows:

     37-23-150.  * * * It is the intent of the Legislature that none of the provisions of Sections 37‑16‑9, 37‑23‑1 through 37‑23‑9 and 37‑23‑133 through 37‑23‑149 shall create mandates that impose financial or legal requirements upon local school districts that are greater or more restrictive upon local school districts as required by the Individuals with Disabilities Education Act of 1997 and any later amendments or regulations thereunder, or any other relevant federal legislation.  Furthermore, iIt is not the intent of the Legislature to impose any additional state unfunded mandates for the implementation of Sections 37-16-9, 37-23-1 through 37-23-9 and 27-23-133 through 37-23-149.  Any provisions of Sections 37-16-9, 37-23-1 through 37-23-9 and 37-23-133 through 37-23-149 that are inconsistent * * * ,or create additional unfunded state mandates * * *, or that are more restrictive upon school districts than federal requirements shall be expressly unenforceable and have no effect.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2015.