House Bill 494

AN ACT TO AMEND SECTION 37-23-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE STUDENTS WITH SIGNIFICANT DEVELOPMENTAL DISABILITIES, COMPLEX COMMUNICATION NEEDS, SIGNIFICANT LANGUAGE OR LEARNING DEFICITS, WHO ARE UNABLE TO SUFFICIENTLY HAVE THEIR EDUCATIONAL NEEDS MET WITHIN THEIR PUBLIC SCHOOL'S REGULAR OR SPECIAL EDUCATION PROGRAM, TO RECEIVE EDUCATIONAL INSTRUCTION, TRAINING AND SPECIAL EDUCATION SERVICES FROM A STATE-SUPPORTED UNIVERSITY OR COLLEGE AUTHORIZED BY THE STATE DEPARTMENT OF EDUCATION TO PROVIDE SUCH INSTRUCTION AND TRAINING; TO AUTHORIZE QUALIFIED INSTRUCTORS WHO HOLD THE APPROPRIATE LICENSURE ENDORSEMENTS TO SERVE AS THE LEAD TEACHER FOR CHILDREN ENROLLED WITHIN THE UNIVERSITY BASED PROGRAM (UBP) THROUGH THE IDEA-PART C AND IDEA-PART B ELIGIBILITY AND PLACEMENT PROCESS; TO ALLOW CERTAIN SPEECH-LANGUAGE PATHOLOGISTS AND EDUCATIONAL AUDIOLOGISTS TO SERVE AS THE LEAD INSTRUCTOR WITH AN EDUCATOR SERVING AS A RELATED SERVICE PROVIDER AS NECESSARY TO MEET THE EDUCATIONAL NEEDS OF THE CHILD; TO PROVIDE THAT THE JUSTIFICATION FOR THE PLACEMENT OF EXCEPTIONAL STUDENTS AGES 3 TO 21 IS DETERMINED IN CONJUNCTION WITH THE LOCAL SCHOOL DISTRICT THROUGH THE STUDENT'S IEP; TO AMEND SECTION 37-23-35, MISSISSIPPI CODE OF 1972, TO REQUIRE IDEA-PART B AND PRESCHOOL ALLOCATIONS FOR THE EDUCATIONAL INSTRUCTION FOR PUBLIC SCHOOL STUDENTS ENROLLED IN A UBP TO BE CALCULATED BY THE STATE DEPARTMENT OF EDUCATION BASED ON THE NUMBER OF STUDENTS PLACED IN THE UBP BY THE LOCAL PUBLIC SCHOOL DISTRICT; TO REQUIRE THE DEPARTMENT TO INFORM THE LOCAL SCHOOL DISTRICT OF THE AMOUNT OF FUNDS TO BE FORWARDED TO THE UBP PROVIDING THE EDUCATIONAL SERVICES ON INSTRUCTION AND TRAINING; TO REQUIRE A COLLABORATIVE AGREEMENT BETWEEN THE LOCAL PUBLIC SCHOOL DISTRICT AND THE UBP IF THE STATE-SUPPORTED UNIVERSITY OR COLLEGE CHARGES THE SCHOOL DISTRICT AN AMOUNT THAT IS IN EXCESS OF THE STATE AND FEDERAL FUNDS ALLOCATED FOR EACH ENROLLED SPECIAL EDUCATION STUDENT; TO REQUIRE THE DEPARTMENT TO DISTRIBUTE ALL NECESSARY STATE FUNDS DIRECTLY TO THE STATE-SUPPORTED UNIVERSITY OR COLLEGE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-23-31, Mississippi Code of 1972, is amended as follows:

37-23-31. (1) (a) When five (5) or more children under twenty-one (21) years of age who, because of * * * significant developmental disabilities, complex communication needs, significant language or learning deficits or any combination of either, are unable to have their educational needs met appropriately in a regular or special education public school program * * * within their local public school districts, a state-supported university or college shall be authorized and empowered, in its discretion, to provide a program of education, instruction and training to such children, provided that such program shall operate under rules, regulations, policies and standards adopted by the State Department of Education, as provided for in Section 37-23-33. The opinion of a parent or guardian in regard to the provision of an appropriate special education program in or by their respective local public school district shall be considered before a placement decision is finalized. Parents shall have any and all rights as provided in the Individuals with Disabilities Education Act, including, but not limited to, the right to equal participation in their child's Individualized Education Program (IEP), the right to require review of their child's IEP, and the right to appeal an IEP Committee decision immediately. The parent or guardian or local educational agency shall have the right to audio record the proceedings of individualized education program team meetings. The parent or guardian or local educational agency shall notify the members of the individualized education program team of his, her, or its intent to audio record a meeting at least twenty-four (24) hours prior to the meeting.

(b) Instructors, including speech-language pathologists, educational audiologists and special and early childhood educators are qualified and empowered to serve as the lead teacher for children enrolled within the state-supported university's or college's university-based program (UBP) through the IDEA-Part C and IDEA-Part B eligibility and placement process. When communication is a primary area of concern on the child's Individualized Family Service Plan (IFSP) or IEP, speech-language pathologists and educational audiologists, who undergo extensive college coursework in communication-based disorders impacting multiple areas of development, including cognition, may serve as the lead instructor.

(c) Due to the significance of the needs of the children served through the UBP, general education setting requirements may not be applicable. Justification for placement decisions is determined in conjunction with the LEA through each child's IEP for ages three (3) to twenty-one (21).

(2) Any state-supported university or college conducting a full-time medical teaching program acceptable to the State Board of Education may, at its discretion, enter into such contracts or agreements with any private school or nonprofit corporation-supported institution, the Mississippi School for the Deaf, or any state-supported institution, providing the special education contemplated by this section for such services, provided the private school or institution offering such services shall have conducted a program of such services at standards acceptable to the State Department of Education for a period of at least one (1) year prior to the date at which the university or college proposes to enter into an agreement or contract for special educational services as described above.

SECTION 2. Section 37-23-35, Mississippi Code of 1972, is amended as follows:

37-23-35. (1) When any children who are residents of the State of Mississippi and qualify under the provisions of Section 37-23-31, shall be provided a program of education, instruction and training within a school under the provisions of said section, the State Department of Education shall allocate one (1) teacher unit for each approved class. The allocation of funds for each teacher unit shall be based on the teacher's certification and shall be in accordance with Sections 37-19-1 through 37-19-41 of the code. The university or college shall be eligible for state and federal funds for such programs on the same basis as local school districts. The university or college shall be responsible for providing for the additional costs of the program.

(2) IDEA-Part B and preschool allocations for each program of education, instruction and training, as provided for in Section 37-23-31, shall be determined and calculated by the State Department of Education based on the number of students placed by the local public school district (LEA) in the university or college-based program. The State Department of Education shall inform each local public school district of the amount of such funds to be forwarded to the state-supported university or college. Only if the state-supported university or college charges the local public school district an amount in excess of the state and federal funds allocated for each special education student in the local public school district, would a collaborative agreement between the local public school district and the state-supported university or college be required.

(3) (a) All state funds, including, but not limited to, transportation, extended school year and teacher unit allocations, including master's salary supplement, shall be distributed by the State Department of Education directly to the state-supported university or college. Teacher unit allocation and funding shall be based on the December 1 child count. The university based program (UBP) shall submit this information directly to the State Department of Education.

(b) Teacher unit approval for UBPs shall be provided in the same manner and time as local school districts.

SECTION 3. This act shall take effect and be in force from and after July 1, 2022.