MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Education
By: Representatives McGee, McCarty, Bennett, Roberson, Massengill, Stamps, Carpenter
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 37-23-33, MISSISSIPPI CODE OF 1972, TO AUTHORIZE SPEECH-LANGUAGE PATHOLOGISTS, EDUCATIONAL AUDIOLOGISTS AND SPECIAL AND EARLY CHILDHOOD EDUCATORS WHO MEET CERTAIN QUALIFICATIONS TO SERVE AS A LEAD TEACHER IN A UNIVERSITY-BASED PROGRAM; TO REQUIRE UNIVERSITY-BASED PROGRAMS TO SUBMIT REPORTS TO THE STATE DEPARTMENT OF EDUCATION AT THE SAME TIME THAT SUCH REPORTS ARE SUBMITTED BY LOCAL SCHOOL DISTRICTS; 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 37-23-33, Mississippi Code of 1972, is amended as follows:
37-23-33. (1) Such
program of education, instruction and training as is provided for in Section 37-23-31
shall be furnished in such manner as shall be provided by rules and regulations
adopted by the State Board of Education, which for such purposes shall have the
full power to adopt such rules, regulations, policies and standards as it may
deem necessary to carry out the purpose of Sections 37-23-31 through 37-23-35,
including the establishment of qualifications * * * consistent with the requirements of subsection
(2) of this section for any teachers employed under the provisions thereof.
It is expressly provided, however, that no program of education, instruction and
training shall be furnished except in a university or college supported by the
State of Mississippi and only in cases where such university or college shall
consent thereto and shall provide any classroom space, furniture and facilities
which may be deemed necessary in carrying out the provisions of those sections.
(2) Speech-language pathologists, educational audiologists, and special and early childhood educators are qualified and authorized to serve as the lead teacher for children enrolled in a university or college-based program through the Part C and Part B eligibility and placement process. Whenever communication is a primary area of concern on a child's Individualized Family Service Plan (IFSP) or Individualized Education Program (IEP), a speech-language pathologist or educational audiologist may serve as the lead instructor with an educator serving as a related service provider as necessary to meet the educational needs of the child. Speech-language pathologists and educational audiologists must undergo extensive college coursework in communication-based disorders impacting multiple areas of development, including cognition. The content of the college coursework must include typical and atypical development for ages birth through death.
(3) The State Department of Education shall require that the program of education, instruction and training be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success.
(4) A university or college-based program must submit all reports and data required by the State Department of Education on the same time schedule and in the same manner that same or similar reports and data must be submitted to the department by local educational agencies.
SECTION 3. 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, * * * are provided a program of education,
instruction and training within a school under the provisions of * * * Section 37-23-31, 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 * * * Section 37-19-7. The department shall complete
teacher unit approval for university or college-based programs at the same time
teacher units are approved for local educational agencies. 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) 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.
SECTION 4. This act shall take effect and be in force from and after July 1, 2022.