Bill Text: MS HB1142 | 2013 | Regular Session | Introduced

Mississippi House Bill 1142 (Prior Session Legislation)

Introduced

Bill Title: Specialized charter school; create for exceptional children with intellectual disabilities.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-02-05 - Died In Committee [HB1142 Detail]

Download: Mississippi-2013-HB1142-Introduced.html

MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Education

By: Representative Dixon

House Bill 1142

AN ACT TO REQUIRE THE ESTABLISHMENT OF A SPECIALIZED CHARTER SCHOOL FOR THE EDUCATION OF EXCEPTIONAL CHILDREN IN EACH LOCAL SCHOOL DISTRICT, PARTICULARLY THOSE WITH AN INTELLECTUAL DISABILITY; TO REQUIRE A VOCATIONAL REHABILITATION COMPONENT IN THE CURRICULUM TO ENHANCE THE ACHIEVEMENT OF EMPLOYMENT OUTCOME; TO DEFINE CERTAIN TERMS USED IN THIS ACT; TO PRESCRIBE THE CONTENTS THAT MUST BE INCLUDED IN LOCAL SCHOOL BOARDS' PETITIONS REQUESTING CHARTER SCHOOL STATUS; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE RULES AND REGULATIONS CONCERNING THE SUBMISSION OF PETITIONS AND THE OPERATION OF SPECIALIZED CHARTER SCHOOLS; TO PRESCRIBE CERTAIN PROVISIONS THAT MUST BE INCLUDED IN THE TERMS OF EACH CHARTER; TO PROVIDE THAT INITIAL CHARTERS MUST BE FOR A TERM OF FOUR YEARS AND TO AUTHORIZE RENEWAL OF THE CHARTERS; TO AUTHORIZE SPECIALIZED CHARTER SCHOOLS TO ACCEPT FUNDS FROM PUBLIC AND PRIVATE SOURCES; TO PROVIDE THAT SPECIALIZED CHARTER SCHOOL EMPLOYEES ARE EMPLOYEES OF THE LOCAL SCHOOL DISTRICT; TO REQUIRE THE STATE BOARD OF EDUCATION TO ANNUALLY REPORT TO THE LEGISLATURE ON THE SPECIALIZED CHARTER SCHOOL PROGRAM; TO BRING FORWARD SECTIONS 37-33-11, 37-33-13, 37-33-15, 37-33-17, 37-33-19, 37-33-21, 37-33-23, 37-33-25, 37-33-27, 37-33-29, 37-33-31, 37-33-33, 37-33-35, 37-33-203, 37-33-205, 37-33-207, 37-33-209, 37-33-211, 37-33-213, 37-33-215, 37-33-217, 37-33-219, 37-33-221 AND 37-33-223, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. It is the intent of the Legislature that this act provide a means whereby the school board of each local school district and the State Board of Education shall substitute a binding contract, or "charter," that governs a specialized charter school for rules, regulations, policies and procedures of the State Board of Education and the local school district and, except as otherwise provided under Section 5 of this act, the provisions of Title 37, Mississippi Code of 1972, which are applicable to schools and school districts and their employees and students.

SECTION 2. For purposes of this act, the following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise:

(a) "Charter" means an academic or vocational, or both, contract between the State Board of Education, the school board of a local school district and a local school which exempts the school from rules, regulations, policies and procedures of the State Board of Education and the local school district and, except as otherwise provided, the provisions of Title 37, Mississippi Code of 1972, which are applicable to schools and school districts and their employees and students.

(b) "Specialized charter school" means a public school in Mississippi which is granted a charter by the State Board of Education to operate exclusively as a school for the education of exceptional children residing in the school district in which the school is located, particularly those children with an intellectual disability.

(c) "Petition" means a proposal to enter into an academic or vocational, or both, contract between the State Board of Education, the school board of a school district and a local school whereby the local school obtains charter school status.

(d) "Exceptional child" means any child in the age range birth through twenty (20) years of age with an intellectual disability, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, dyslexia, attention deficit disorder (ADD), or specific learning disabilities and, by reason thereof, needs special education and related services. Such students shall be determined by competent professional persons in such disciplines as medicine, psychology, special education, speech pathology and social work as an exceptional student.

SECTION 3. The school board of each school district shall submit a petition to the State Board of Education requesting charter school status for a local school that will be a specialized school at which specialized tracts are developed for exceptional children in the school district, particularly those children with an intellectual disability. The petition must:

(a) Be approved by the school board of the school district in which the school is located;

(b) Describe a plan for the specialized charter school which addresses how the school proposes to work toward improving student learning and meeting individualized goals for the school district's exceptional children;

(c) Outline proposed academic and vocational, or both, performance criteria that will be used during the initial period of the charter to measure progress of the charter school in improving student learning, in meeting individualized goals for, and enhancing the vocational and occupational skill set of the school district's exceptional children;

(d) Describe how the faculty, instructional staff and parents of exceptional children to be enrolled in the school have been involved in developing the petition and will be involved in developing and implementing the improvement plan and identifying academic or vocational, or both, performance criteria; and

(e) Describe how the concerns of faculty, instructional staff and parents of students enrolled in the school will be solicited and addressed in evaluating the effectiveness of the improvement plan.

SECTION 4. (1) The State Board of Education shall establish rules and regulations for the submission of petitions for charter school status and criteria and procedures for the operation of specialized charter schools. The board shall receive applications from local school districts and grant charter status for one (1) specialized school in each district. In order to be approved, a petition for charter school status, in the opinion of the State Board of Education, must include:

(a) A plan for improving learning opportunities and meeting individualized goals for exceptional children;

(b) A set of academic or vocational, or both, objectives and student achievement objectives for the term of the charter and the means for measuring those objectives on no less than an annual basis;

(c) An agreement to provide a yearly report to parents, the school board of the school district in which the charter school is located, and the State Board of Education which indicates the progress made by the specialized charter school in the previous year in meeting the academic or vocational, or both, objectives;

(d) A proposal to directly and substantially involve the parents of students enrolled in the school as well as the faculty and instructional staff in the process of modifying the petition, if necessary for approval, and carrying out the terms of the charter;

(e) A plan for the provision of transition services, as defined under Section 37-23-133, to reintegrate students into a school in the local school district, another charter school, an appropriate program of vocational education or post-secondary education;

(f) Clearly defined criteria by which students will be selected for admission to the specialized charter school and by which students in the school will be discharged;

(g) A proposal to implement and adhere to the provisions of the Vocational Rehabilitation Law of Mississippi in Section 37-33-11 et seq.;

(h) A memorandum of agreement with the Office of Vocational Rehabilitation at the State Department of Rehabilitation Services to enter into, at the charter school's discretion, contract with appropriate post-secondary educational institutions in the state for the purpose of providing programs of service for the students enrolled in the charter school; and

(i) An agreement to adhere to the "Special Disability Program Law of Mississippi," established under Section 37-33-203 et seq.

(2) If, in the opinion of the State Board of Education, the original petition for charter status for a specialized charter school is deficient in one or more respects, the board shall allow a school district to resubmit its petition. The State Department of Education shall provide technical assistance to local school boards in the creation or modification of the petitions.

SECTION 5. The terms of each charter must include the following:

(a) A mechanism for declaring the charter null and void if a majority of the faculty, instructional staff of the specialized charter school, and parents of exceptional children enrolled in the school who are present at a meeting called for the specific purpose of deciding whether or not to declare the charter null and void request the State Board of Education to withdraw the charter;

(b) A mechanism for declaring the charter null and void if, at any time, in the opinion of the State Board of Education, the specialized charter school fails to fulfill the terms of the charter;

(c) Clear academic or vocational, or both, performance and student achievement objectives and the means to measure those objectives on no less than an annual basis;

(d) A mechanism for updating the terms of each charter, agreed to by all parties and subject to the approval of a majority of the faculty, instructional staff and parents of exceptional children enrolled in the specialized charter school who are present at a meeting called for the specific purpose of updating the terms of the charter, based upon the yearly progress reports submitted to the State Board of Education by the charter school;

(e) A provision that the specialized charter school shall not have any authority to request an ad valorem tax levy independent of such authority exercised by the school district in which the charter school is located;

(f) A provision that no child shall be denied admission to the specialized charter school on the basis of race, color, creed or national origin;

(g) A provision to exempt the specialized charter school from the rules, regulations, policies and procedures of the State Board of Education and the local school board and from the provisions of Title 37, Mississippi Code of 1972, which are not included in this section, unless the code sections are specifically made applicable to the specialized charter school by the State Board of Education in the charter;

(h) A provision specifying that the specialized charter school is not exempt from the following statutes:

(i) Section 37-9-75, which relates to teacher strikes;

(ii) Section 37-11-20, which prohibits acts of intimidation intended to keep a student from attending school;

(iii) Section 37-11-21, which prohibits abuse of school staff;

(iv) Section 37-11-23, which prohibits the willful disruption of school and school meetings;

(v) Sections 37-11-29 and 37-11-31, which relate to reporting requirements regarding unlawful or violent acts on school property;

(vi) Section 37-151-107, which prohibits false reporting of student counts by school officials;

(vii) Applicable State Department of Health regulations;

(viii) Applicable federal requirements under No Child Left Behind, the Individuals with Disabilities Education Act (IDEA) and other federal special education programs; and

(i) A provision to exempt the specialized charter school from process standards.

SECTION 6. A petition to obtain charter status for a specialized charter school must be forwarded by the local school board to the State Board of Education. The State Board of Education, in its discretion, may request a hearing to receive further information from the local school board and the faculty of the specialized charter school.

SECTION 7. Initial charters issued by the State Board of Education shall be for a term of four (4) years. Thereafter, the State Board of Education may renew charters on a one-year or multiyear basis, not to exceed four (4) years, for specialized charter schools, if the renewal is approved by a vote of a majority of the faculty, instructional staff and parents of exceptional children enrolled in the school who are present at a meeting called for the specific purpose of deciding whether or not to renew the charter.

SECTION 8. (1) A specialized charter school may be funded by: federal grants; grants, gifts, devises or donations from private sources; state funds appropriated for the support of the specialized charter school; and any other funds that may be received by the school district for the education of exceptional children. Specialized charter schools are encouraged to apply for federal funds appropriated specifically for the support of charter schools under the Omnibus Consolidated Appropriations Act, 1997 (Public Law No. 104-208 [H.R. 3610] (1996)).

(2) The State Board of Education may give specialized charter schools preference when allocating grant funds other than state funds for alternative school programs, classroom technology, school improvement programs, vocational rehabilitation, mentoring programs or other grant programs designed to improve local school performance.

SECTION 9. Employees of a specialized charter school must be considered employees of the school district in which the charter school is located. Charter school employees are entitled to the same rights, privileges and benefits to which all other employees of the school district are entitled.

SECTION 10. Before January 1 of each year, the State Board of Education shall submit a report to the Legislature on the status of the specialized charter schools. This report minimally must include: (a) a review and compilation of comprehensive reports and evaluations issued by local school boards concerning successes or failures of specialized charter schools and formulated recommendations; (b) a comparison of the academic performance of specialized charter school students with the performance of ethnically and economically comparable groups of students in other public schools who are enrolled in academically comparable courses; (c) the current and projected impact of specialized charter schools on the delivery of services to exceptional children; (d) an assessment of the students' academic progress in the charter school as measured, where available, against the academic year immediately preceding the first year of the specialized charter school's operation; (e) the best operational practices resulting from specialized charter schools; the vocational track of student's rehabilitation progress for increased employment outcomes.

SECTION 11. Section 37-33-11, Mississippi Code of 1972, is brought forward as follows:

37-33-11. Sections 37-33-11 through 37-33-35 shall be known as the "Vocational Rehabilitation Law of Mississippi."

SECTION 12. Section 37-33-13, Mississippi Code of 1972, is brought forward as follows:

37-33-13. As used in the Vocational Rehabilitation Law:

(a) "Competitive employment" means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals who are not disabled;

(b) "Department" or "agency" means the State Department of Rehabilitation Services;

(d) "Executive director" means the Executive Director of the State Department of Rehabilitation Services;

(e) "Employment outcome" means, with respect to an individual entering or retaining full-time or, if appropriate, part-time competitive employment in the integrated labor market to the greatest extent practicable; supported employment; or any other type of employment, including self-employment, telecommuting, or business ownership, that is consistent with an individual�s strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice;

(f) "Individual with a disability" means any individual who has a physical or mental impairment, whose impairment constitutes or results in a substantial impediment to employment, and who can benefit in terms of an employment outcome from the provision of vocational rehabilitation services;

(g) "Maintenance" means monetary support provided to an individual for expenses, such as food, shelter, and clothing, that are in excess of the normal expenses of the individual and that are necessitated by the individual�s participation in an assessment for determining eligibility and vocational rehabilitation needs or the individual�s receipt of vocational rehabilitation services under an individualized plan for employment;

(h) "Occupational license" means any license, permit or other written authority required by any governmental unit to be obtained in order to engage in an occupation;

(i) "Office" means the Office of Vocational Rehabilitation of the State Department of Rehabilitation Services;

(j) "Personal assistance services" means assistance in a range of services provided by one or more persons designed to assist an eligible individual with a disability to perform daily living activities on or off the job that the individual would typically perform without assistance. The services must be designed to increase the individual�s control in life and ability to perform every day activities on or off the job. The services must be necessary to the achievement of an employment outcome and may be provided only while the individual is receiving other vocational rehabilitation services. The services may include training in managing, supervising, and directing personal assistance services;

(k) "Physical restoration services" means (i) corrective surgery or therapeutic treatment that is likely, within a reasonable period of time, to correct or modify substantially a stable or slowly progressive physical or mental impairment that constitutes a substantial impediment to employment; (ii) diagnosis of and treatment for mental or emotional disorders by qualified personnel in accordance with state licensure laws; (iii) dentistry; (iv) nursing services; (v) necessary hospitalization (either inpatient or outpatient care) in connection with surgery or treatment and clinic services; (vi) drugs and supplies; (vii) prosthetic and orthotic devices; (viii) eyeglasses and visual services, including visual training, and the examination and services necessary for the prescription and provision of eyeglasses, contact lenses, microscopic lenses, telescopic lenses, and other special visual aids prescribed by personnel that are qualified in accordance with state licensure laws; (ix) podiatry; (x) physical therapy; (xi) occupational therapy; (xii) speech or hearing therapy; (xiii) mental health services; (xiv) treatment of either acute or chronic medical restoration services, or that are inherent in the condition under treatment; (xv) special services for the treatment of individuals with end-stage renal disease; and (xvi) other medical or medically-related rehabilitation services;

(l) "Prosthetic appliance" means any artificial device necessary to support, to take the place of a part of the body, or to increase the acuity of a sense organ;

(m) "Regulations" means regulations made by the executive director with the approval of the state board.

(n) "Rehabilitation engineering services" means the systematic application of engineering sciences to design, develop, adapt, test, evaluate, apply, and distribute technological solutions to problems confronted by individuals with disabilities in functional areas such as mobility, communications, hearing, vision, and cognition, and in activities associated with employment, independent living, education, and integration into the community;

(o) "Rehabilitation training" means all necessary training provided to an eligible individual with a disability to enable him or her to overcome his or her employment handicap, including, but not limited to, manual, preconditioning, prevocational, vocational and supplementary training and training provided for the purpose of developing occupational skills and capacities;

(p) "State board" means the State Board of Rehabilitation Services;

(q) "Substantial impediment to employment" means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, communication, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual�s abilities and capabilities;

(r) "Supported employment services" means ongoing support services and other appropriate services needed to support and maintain an individual with a most significant disability in supported employment that are provided by the designated state unit (i) for a period of time not to exceed eighteen (18) months, unless under special circumstances the eligible individual and the rehabilitation counselor jointly agree to extend the time to achieve the employment outcome identified in the individualized plan for employment; and (ii) following transition, as post-employment services that are unavailable from an extended services provider and that are necessary to maintain or regain the job placement or advance in employment;

(s) "Vocational rehabilitation" and "vocational rehabilitation services" mean, for an eligible individual with a disability, services as appropriate and required to assist in preparing for, securing, retaining, or regaining an employment outcome that is consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including, but not limited to, services in accordance with definitions in the most current amendment of the Rehabilitation Act: (i) assessment for determining eligibility and priority for services by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology; (ii) assessment for determining vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology; (iii) vocational rehabilitation counseling and guidance, including information and support services to assist an individual in exercising informed choice; (iv) referral and other services necessary to assist applicants and eligible individuals to secure needed services from other agencies, including other components of the statewide workforce investment system and to advise those individuals about client assistance programs; (v) physical and mental restoration services, to the extent that financial support is not readily available from a source other than the State Department of Rehabilitation Services (such as through health insurance or a comparable service or benefit); (vi) vocational and other training services, including personal and vocational adjustment training, books, tools, and other training materials, except that no training or training services in an institution of higher learning (universities, colleges, community or junior colleges, vocational schools, technical institutes, or hospital schools of nursing) may be paid for with funds under this law unless maximum efforts have been made by the state unit and the individual to secure grant assistance in whole or in part from other sources to pay for that training; (vii) maintenance; (viii) transportation in connection with the rendering of any vocational rehabilitation service; (ix) vocational rehabilitation services to family members of an applicant or eligible individual if necessary to enable the applicant or eligible individual to achieve an employment outcome; (x) interpreter services, including sign language and oral interpreter services, for individuals who are deaf or hard of hearing and tactile interpreting services for individuals who are deaf-blind provided by qualified personnel; (xi) reader services, rehabilitation teaching services, and orientation and mobility services for individuals who are blind; (xii) job-related services, including job search and placement assistance, job retention services, follow-up services, and follow-along services; (xiii) supported employment services; (xiv) personal assistance services; (xv) post-employment services; (xvi) occupational licenses, tools, equipment, initial stocks, and supplies; (xvii) rehabilitation technology including vehicular modification, telecommunications, sensory, and other technological aids and devices; (xviii) transition services; (xix) technical assistance and other consultation services to conduct market analyses, develop business plans, and otherwise provide resources, to the extent those resources are authorized to be provided through the statewide workforce investment system, to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome; (xx) other goods and services determined necessary for the individual with a disability to achieve an employment outcome.

SECTION 13. Section 37-33-15, Mississippi Code of 1972, is brought forward as follows:

37-33-15. The Office of Vocational Rehabilitation established by Section 37-33-153 shall be administered by a director appointed by the executive director in conformity with policies adopted by the department. The Director of the Office of Vocational Rehabilitation shall devote his or her full time to the administration of vocational rehabilitation. In carrying out his or her duties under the Vocational Rehabilitation Law, the director:

(a) Shall, with the approval of the executive director, make regulations governing the protection of records and confidential information, the manner and form of filing applications, eligibility and investigations and determinations thereof for vocational rehabilitation services, procedures for fair hearings, and such other regulations as are found necessary to carry out the purposes of that law;

(b) Shall, with the approval of the executive director, establish appropriate subordinate administrative units within the office;

(c) Shall, with the approval of the executive director, recommend for appointment such personnel as may be necessary for the efficient performance of the functions of the office;

(d) Shall prepare and submit to the state board through the executive director annual reports of activities and expenditures and, before each regular session of the Legislature, shall submit estimates of sums required for carrying out the Vocational Rehabilitation Law and estimates of the amounts to be made available for this purpose from all sources;

(e) Shall, if the executive director so authorizes, make certifications on behalf of the executive director for the disbursement of funds available for vocational rehabilitation;

(f) Shall, with the approval of the executive director and the state board, appoint boards as required by federal law and regulations;

(g) Shall, with the approval of the executive director and the state board, take such other action as he or she deems necessary or appropriate to carry out the purposes of the Vocational Rehabilitation Law;

(h) May, with the approval of the executive director and the state board, delegate to any officer or employee of the office such of his or her powers and duties, except the making of regulations and the making of recommendations for appointment of personnel, as he or she finds necessary to carry out the purposes of the Vocational Rehabilitation Law.

SECTION 14. Section 37-33-17, Mississippi Code of 1972, is brought forward as follows:

37-33-17. The director, with the approval of the executive director and the state board, may accept and use gifts and donations made unconditionally or otherwise for carrying out the purposes of the Vocational Rehabilitation Law, from either public or private sources. Gifts made under such conditions as in the judgment of the state board are proper and consistent with the provisions of that law may be so accepted and shall be held, invested, reinvested and used in accordance with the conditions of the gift. All monies received as gifts or donations, except conditional gifts requiring other treatments, shall be deposited in the State Treasury and shall constitute a permanent fund to be called the "Special Fund for the Vocational Rehabilitation of Individuals with Disabilities" and shall be used by the state board for such purposes. The state board shall make a report annually to the Legislature setting forth the condition of vocational rehabilitation of eligible individuals with disabilities in Mississippi, the expenditures made from state and federal funds in carrying out the provisions of that law or its purpose, and a detailed statement of all gifts and donations offered and accepted, together with the names of donors and the respective amounts prescribed by each and all the disbursements made therefrom.

SECTION 15. Section 37-33-19, Mississippi Code of 1972, is brought forward as follows:

37-33-19. Except as may be otherwise provided by law for the vocational rehabilitation of the blind, the state board, through the Office of Vocational Rehabilitation, shall provide vocational rehabilitation services to eligible individuals with disabilities determined by the director to be eligible therefor, and in carrying out the purposes of the Vocational Rehabilitation Law, the office is authorized among other things:

(a) To cooperate with other departments, agencies and institutions, both public and private, in providing for the vocational rehabilitation of eligible individuals with disabilities, in studying the problems involved therein, and in establishing, developing and providing, in conformity with the purposes of that law, such programs, facilities and services as may be necessary or desirable;

(b) To conduct research and compile statistics relating to the vocational rehabilitation of eligible individuals with disabilities;

(c) To prescribe and provide such courses of vocational training as may be necessary for the vocational rehabilitation of eligible individuals with disabilities.

SECTION 16. Section 37-33-21, Mississippi Code of 1972, is brought forward as follows:

37-33-21. The state board, through the Office of Vocational Rehabilitation, shall cooperate under agreements with the federal government in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation, and may adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements or plans for vocational rehabilitation and comply with such conditions as may be necessary to secure the full benefits of those federal statutes and appropriations, administer any legislation pursuant thereto enacted by the State of Mississippi, direct the disbursement and administer the use of all funds provided by the federal government or this state for the vocational rehabilitation of individuals with disabilities of this state and do all things necessary to insure the vocational rehabilitation of individuals with disabilities.

SECTION 17. Section 37-33-23, Mississippi Code of 1972, is brought forward as follows:

37-33-23. Vocational rehabilitation services may be provided to any eligible individuals with disabilities who are present in the state at the time of filing an application therefor and whose vocational rehabilitation, the director determines after full investigation, can be satisfactorily achieved.

Except as otherwise provided by law or as specified in any agreement with the federal government with respect to classes of individuals certified to the state board under that agreement, the following rehabilitation services may be provided to eligible individuals with disabilities found to require vocational rehabilitation services to achieve an employment outcome:

(a) Physical restoration;

(b) Transportation for vocational rehabilitation services to the nature and extent of the services necessary;

(d) Placement equipment, tools, and supplies;

(e) Maintenance;

(f) Training books and materials.

SECTION 18. Section 37-33-25, Mississippi Code of 1972, is brought forward as follows:

37-33-25. Any individual applying for or receiving vocational rehabilitation who is aggrieved by any action or inaction of the office shall be entitled, in accordance with regulations promulgated by the state board, to a fair hearing.

SECTION 19. Section 37-33-27, Mississippi Code of 1972, is brought forward as follows:

37-33-27. The right of eligible individuals with disabilities to maintenance under the Vocational Rehabilitation Law shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors.

SECTION 20. Section 37-33-29, Mississippi Code of 1972, is brought forward as follows:

37-33-29. It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program, for eligible individuals with disabilities, and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records, papers, files, or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties, except in response to summons, subpoena or other order of a court. Any violation of this section shall be a misdemeanor and punishable accordingly.

SECTION 21. Section 37-33-31, Mississippi Code of 1972, is brought forward as follows:

37-33-31. The State Treasurer is designated as the custodian of all funds received by the state from appropriations made by the Congress of the United States or from other sources for the purpose of carrying out any state or federal statutes pertaining to vocational rehabilitation. The State Treasurer is authorized to receive and provide for the proper custody of such funds and to establish such special funds and accounts as may be necessary. He shall make disbursements therefrom for vocational rehabilitation purposes upon requisition by the executive director or when so authorized by the director on behalf of the executive director and upon the issuance of warrants thereunder by the State Fiscal Officer.

SECTION 22. Section 37-33-33, Mississippi Code of 1972, is brought forward as follows:

37-33-33. Budget estimates of the amount of appropriations needed each fiscal year for vocational rehabilitation services and for the administration of said program shall be submitted in such manner as may be provided by law, and sufficient funds for the purpose of carrying out the provisions of the Vocational Rehabilitation Law shall be appropriated by the Legislature. In the event federal funds are available to the State of Mississippi for vocational rehabilitation purposes, the Division of Vocational Rehabilitation is authorized to comply with such requirements as may be necessary to obtain said federal funds in the maximum amount and most advantageous proportion possible insofar as this may be done without violating other provisions of the state law and Constitution. In the event the national Congress fails in any year to appropriate funds for grants-in-aid to the state for vocational rehabilitation purposes, the State Legislature shall appropriate such funds as may be necessary to carry out the provisions of said law.

SECTION 23. Section 37-33-35, Mississippi Code of 1972, is brought forward as follows:

37-33-35. The Legislature reserves the right to amend or repeal all or any part of the Vocational Rehabilitation Law at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by said law or by acts done pursuant thereto shall exist subject to the power of the Legislature to amend or repeal said law at any time.

SECTION 24. Section 37-33-203, Mississippi Code of 1972, is brought forward as follows:

37-33-203. Sections 37-33-203 through 37-33-223 shall be known as the "Special Disability Programs Law of Mississippi."

SECTION 25. Section 37-33-205, Mississippi Code of 1972, is brought forward as follows:

37-33-205. (a) "Department" or "agency" means the State Department of Rehabilitation Services;

(b) "Director" means the Director of the Office of Special Disability Programs;

(d) "Independent living services" includes, but is not limited to, the following services in accordance with definitions in the most current amendment of the Rehabilitation Act: (i) information and referral services, independent living skills training, peer counseling including cross-disability peer counseling, and individual and systems advocacy; (ii) counseling services, including psychological, psychotherapeutic and related services; (iii) services related to securing housing or shelter, including services related to community group living, and supportive of the purposes of the Rehabilitation Act and of the titles of the Rehabilitation Act, and adaptive housing services (including appropriate accommodations to and modifications of any space used to serve, or occupied by, individuals with disabilities); (iv) rehabilitation technology; (v) mobility training; (vi) services and training for individuals with cognitive and sensory disabilities, including life skills training, and interpreter and reader services; (vii) personal assistance services, including attendant care and the training of personnel providing such services; (viii) surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation and other support services; (ix) consumer information programs on rehabilitation and independent living services available under the Rehabilitation Act, especially for minorities and other individuals with disabilities who have traditionally been unserved or underserved by programs under the Rehabilitation Act; (x) education and training necessary for living in a community and participating in community activities; (xi) supported living; (xii) transportation, including referral and assistance for that transportation and training in the use of public transportation vehicles and systems; (xiii) physical rehabilitation; (xiv) therapeutic treatment; (xv) provision of needed prostheses and other appliances and devices; (xvi) individual and group social and recreational services; (xvii) training to develop skills specifically designed for youths who are individuals with disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options; (xviii) services for children; (xix) services under other federal, state or local programs designed to provide resources, training, counseling or other assistance, of substantial benefit in enhancing the independence, productivity and quality of life of individuals with disabilities; (xx) appropriate preventive services to decrease the need of individuals assisted under the Rehabilitation Act for similar services in the future; (xxi) community awareness programs to enhance the understanding and integration into society of individuals with disabilities; and (xxii) such other services as may be necessary and not inconsistent with the provisions of the most current amendment of the Rehabilitation Act;

(e) "Special disability services" includes, but not be limited to those services otherwise provided as independent living services;

(f) "Office" means the Office of Special Disability Programs;

(g) "Regulations" means regulations made by the executive director with the approval of the state board, including regulations pertaining to special disability services;

(h) "Rehabilitation engineering" means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living and recreation;

(i) "Rehabilitation engineering services" means applying engineering principles to the design, modification, customization and/or fabrication of assistive technology for individuals with disabilities. An assistive technology device is any item, piece of equipment or product system, whether acquired commercially off the shelf, modified or customized, that is used to increase or improve functional capabilities of individuals with disabilities. The areas of practice for rehabilitation engineering typically encompasses job accommodations, computer access, vehicle modifications, architectural modifications and home modifications, augmentative/alternative communications, environmental controls, positioning devices, seating and mobility, sensory aids and learning accommodations;

(j) "State Board" means the State Board of Rehabilitation Services.

SECTION 26. Section 37-33-207, Mississippi Code of 1972, is brought forward as follows:

37-33-207. The Office of Special Disability Programs established by Section 37-33-153 shall be administered by a director appointed by the executive director in conformity with policies adopted by the department. In carrying out his or her other duties under the Special Disability Programs Law, the director:

(a) Shall, with the approval of the executive director, make regulations governing the protection of records and confidential information, the manner and form of filing applications, eligibility and investigations and determinations thereof for rehabilitation services through special disability programs, procedures for fair hearings and such other regulations as are found necessary to carry out the purposes of that law;

(b) Shall, with the approval of the executive director, establish appropriate subordinate administrative units within the office;

(c) Shall, with the approval of the executive director, recommend for appointment such personnel as may be necessary for the efficient performance of the functions of the office;

(d) Shall prepare and submit to the state board, through the executive director, annual reports of activities and expenditures and, before each regular session of the Legislature, shall submit estimates of sums required for carrying out the Special Disability Programs Law and estimates of the amounts to be made available for this purpose from all sources;

(e) Shall, if the executive director so authorizes, make certifications on behalf of the executive director for the disbursement of funds available for rehabilitation services;

(f) Shall, with the approval of the executive director, appoint boards to serve as the governing authority of centers for independent living or other entities as required by federal law and regulations;

(g) Shall, with the approval of the executive director, take such other action as he or she deems necessary or appropriate to carry out the purposes of the Special Disability Programs Law;

(h) May, with the approval of the executive director, delegate to any officer or employee of the office such of his or her powers and duties, except the making of regulations and the making of recommendations for appointment of personnel, as he or she finds necessary to carry out the purposes of the Special Disability Programs Law.

SECTION 27. Section 37-33-209, Mississippi Code of 1972, is brought forward as follows:

37-33-209. The director, with the approval of the executive director, may accept and use gifts and donations made unconditionally or otherwise for carrying out the purposes of the Rehabilitation Law, from either public or private sources. Gifts made under such conditions as in the judgment of the director, with the approval of the executive director, are proper and consistent with the provisions of that law may be so accepted and shall be held, invested, reinvested and used in accordance with the conditions of the gift. All monies received as gifts or donations, except conditional gifts requiring other treatments, shall be deposited in the State Treasury and shall constitute a permanent fund to be called the "Special Fund for the Rehabilitation of Individuals with Disabilities through Special Disability Services" and shall be used by the office for such purposes. The director shall prepare and submit a report annually to the Legislature, through the executive director, setting forth the condition of rehabilitation of disabled persons in Mississippi, the expenditures made from state and federal funds in carrying out the provisions of that law or its purpose, and a detailed statement of all gifts and donations offered and accepted, together with the names of donors and the respective amounts prescribed by each and all the disbursements made therefrom.

SECTION 28. Section 37-33-211, Mississippi Code of 1972, is brought forward as follows:

37-33-211. (1) The Office of Special Disability Programs shall assist individuals with the most severe disabilities determined to be eligible and in carrying out the purposes of the Rehabilitation Act is authorized among other things:

(a) To cooperate with other departments, agencies and institutions, both public and private, in providing rehabilitation services, in studying the problems involved therein, and in establishing, programs and services as may be necessary or desirable; and

(b) To conduct research and compile statistics relating to the provision of rehabilitation services to individuals with disabilities.

(2) The Office of Special Disability Programs shall utilize federal grant money through Title VII of the most current amendment of the federal Rehabilitation Act to assist those individuals with the most severe disabilities. The office will work to provide medical equipment, home modifications, vehicle modifications and other independent living services to assist those individuals determined to be eligible according to the regulations of Title VII of the most current amendment of the Rehabilitation Act to remain in or return to mainstream society.

(3) The State Attendant Care Program created by the Mississippi Legislature in 1985 to provide personal care services for people who are severely disabled may function under the Office of Special Disability Programs. Personal care services will be provided to those individuals determined to be eligible by the office in accordance with policies established by the department.

(4) The Office of Special Disability Programs shall provide special disability services through programs developed with other state and federal agencies. The individuals and services provided shall be in conformity with any program policies and eligibility categories established by the programs.

SECTION 29. Section 37-33-213, Mississippi Code of 1972, is brought forward as follows:

37-33-213. The department, through the office, shall cooperate, under agreements with the federal government, in carrying out the purposes of any federal statutes pertaining to special disability programs, and may adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of those agreements or plans for special disability programs and comply with such conditions as may be necessary to secure the full benefits of those federal statutes and appropriations, administer any legislation under federal statutes and appropriations that is enacted by the State of Mississippi, direct the disbursement and administer the use of all funds provided by the federal government or this state for the persons of this state, and do all things necessary to ensure the provision of services to the person served by the special disability programs.

SECTION 30. Section 37-33-215, Mississippi Code of 1972, is brought forward as follows:

37-33-215. The Office of Special Disability Programs shall provide services to any individual who is determined to meet the eligibility criteria for receiving services through one or more special disability programs. The services provided through the Office of Special Disability Programs shall be those defined as special disability services and independent living services.

SECTION 31. Section 37-33-217, Mississippi Code of 1972, is brought forward as follows:

37-33-217. Any individual applying for or receiving services provided by the Office of Special Disability Programs who is aggrieved by any action or inaction of the office shall be entitled, in accordance with regulations promulgated by the department, to a fair hearing.

SECTION 32. Section 37-33-219, Mississippi Code of 1972, is brought forward as follows:

37-33-219. The right of an individual to maintenance under the Office of Special Disability Programs shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors.

SECTION 33. Section 37-33-221, Mississippi Code of 1972, is brought forward as follows:

37-33-221. It shall be unlawful, except for purposes directly connected with the administration of the Office of Special Disability Programs and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning persons applying for or receiving services under the Office of Special Disability Programs, directly or indirectly derived from the records, papers, files, or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties, except in response to summons, subpoena or other order of a court. Any violation of this section shall be a misdemeanor and punishable accordingly.

SECTION 34. Section 37-33-223, Mississippi Code of 1972, is brought forward as follows:

37-33-223. The Department of Rehabilitation Services shall promulgate rules and regulations necessary for the proper administration of the Office of Special Disability Programs and shall establish guidelines for eligibility, services, training and evaluation under the program. The State Department of Rehabilitation Services may accept funds from public and private sources for the implementation of Sections 37-33-203 through 37-33-223.

SECTION 35. This act shall take effect and be in force from and after July 1, 2013.