House Bill 1179

AN ACT TO AMEND SECTION 37-181-3, MISSISSIPPI CODE OF 1972, WHICH IS THE DEFINITIONS SECTION OF THE "EQUAL OPPORTUNITY FOR STUDENTS WITH SPECIAL NEEDS ACT," TO REVISE THE DEFINITIONS FOR "ELIGIBLE STUDENT" AND "ELIGIBLE SCHOOL" TO REFLECT THE INCLUSION OF STUDENTS DIAGNOSED WITH DYSLEXIA WHO DO NOT RECEIVE THE ASSISTANCE OF A MISSISSIPPI DYSLEXIA THERAPY SCHOLARSHIP FOR STUDENTS WITH DYSLEXIA PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-181-3, Mississippi Code of 1972, is amended as follows:

37-181-3. The terms used in this chapter shall have the meanings ascribed herein, unless the context clearly indicates otherwise:

(a) "ESA program" means the Education Scholarship Account (ESA) program created in this chapter.

(b) "Eligible student" means any student who has had an active Individualized Education Program (IEP) within the past three (3) years and has maintained eligibility or who has been properly screened and has received a diagnosis of dyslexia and is not a recipient of a scholarship under the Mississippi Dyslexia Therapy Scholarship for Students with Dyslexia Program, which may serve as a determination of eligibility in lieu of an IEP or any other requirements.

(c) "Participating student" means any student who meets the qualifications of an eligible student as defined in paragraph (b) of this section and is participating in an ESA program at an eligible school.

(d) "Parent" means a resident of this state who is a parent, legal guardian, custodian or other person with the authority to act on behalf of the eligible student.

(e) "Department" means the State Department of Education.

(f) "Home school district" means the public school district in which the student resides.

(g) "Eligible school" means a state-accredited special purpose school, a state-accredited nonpublic school, or a nonpublic school located in the state that has enrolled a participating student and is providing services for the participating student's disability or special education needs, or is providing services addressing a participating student's IEP. For purposes of eligible students with a dyslexia diagnosis, an eligible school includes those defined in Section 37-173-1(g) and any public school or university-based program capable of providing intensive full day instruction to such eligible students. An eligible school does not include a home instruction program under Section 37-13-91, Mississippi Code of 1972.

(h) "Tutor" means a person who is certified or licensed by a state, regional, or national certification, licensing, or accreditation organization or who has earned a valid teacher's license or who has experience teaching at an eligible postsecondary institution.

(i) "Postsecondary institution" means a community college, college, or university accredited by a state, regional or national accrediting organization.

(j) "Educational service provider" means an eligible school, tutor, or other person or organization that provides education-related services and products to participating students.

(k) "Awarded ESA school year" means the duration of the school year in which ESA program funds are deposited in a student's ESA.

(l) Nothing in this section shall negate federal law requiring public school districts to identify and provide services to students with disabilities who live within the public school district, including those enrolled in nonpublic schools or home instruction programs.

(m) An eligible school shall provide notice to a participating student's home school district when the eligible student enrolls in the eligible school with an ESA. Furthermore, a public school district providing special education services to a participating student enrolled in an eligible school shall be reimbursed by the eligible school, or parent or guardian who submitted the ESA application, fair market value for any special education services rendered to the eligible student in an amount not to exceed the amount of ESA funds reimbursed to the eligible student during the awarded ESA school year.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.