Bill Text: MS HB1183 | 2011 | Regular Session | Introduced

Mississippi House Bill 1183 (Prior Session Legislation)

Introduced

Bill Title: Joint Legislative Study Committee on Reforming the Mississippi Education System for Children and Youth with Mental Health Needs; create.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2011-02-01 - Died In Committee [HB1183 Detail]

Download: Mississippi-2011-HB1183-Introduced.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Education; Public Health and Human Services

By: Representative Holland

House Bill 1183

AN ACT TO CREATE A JOINT LEGISLATIVE STUDY COMMITTEE ON REFORMING THE MISSISSIPPI EDUCATION SYSTEM FOR CHILDREN, YOUTH AND TRANSITION-AGED YOUTH WITH MENTAL HEALTH NEEDS; TO AUTHORIZE THE COMMITTEE TO MAKE A REPORT TO THE LEGISLATURE; TO PROVIDE FOR THE MEMBERSHIP OF THE STUDY COMMITTEE; TO SET FORTH THE DUTIES OF THE STUDY COMMITTEE; AND FOR RELATED PURPOSES.

WHEREAS, a Children's Mental Health Summit was held on October 25, 2010, and as a result, the major issues reported by families from focus groups were related to their children's educational needs; and

WHEREAS, depending on their specific situations, children with behavioral, emotional or social disorders can be identified and helped in either regular education or special education; and WHEREAS, although these two (2) systems were designed to insure that all children in need get help, in reality the two (2) processes are confusing and sometimes used against each other; and

WHEREAS, in a small pilot survey done by families with families in preparation for the recent Children's Mental

Health Summit, forty-two percent (42%) of respondents endorsed the statement, "My child's school makes it harder, rather than easier, for him to get help"; and

WHEREAS, according to Child Find Data, 2008, children with emotional disturbances that qualify for special education services are under-identified in Mississippi, where only one thousand eight hundred twenty-eight (1,828) were identified, which, using even the most conservative statistical estimates, should have been at least four thousand four hundred (4,400); and

WHEREAS, according to the State Department of Education's 2008 Exit Data, there were one hundred forty-eight (148) Mississippi public school students between ages fourteen (14) and twenty-one (21) with emotional disturbance (EmD) rulings, among whom, twenty-seven (27) received regular diplomas, eighty-two (82) received certificates, seventeen (17) returned to regular education and twenty-two (22) dropped out; and

WHEREAS, when it comes to further education or employment of these individuals, having a certificate is equivalent to having no diploma at all, and both regular education and special education teachers need better training and more support; and

WHEREAS, it is critical that all state systems that serve children, work collaboratively to address these complex and challenging issues, and it is imperative that the State Department of Education be an active partner in practice, policy and reimbursement reform; NOW, THEREFORE,

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

SECTION 1. (1) There is created the Joint Legislative Study Committee on Reforming the Mississippi Education System for Children, Youth and Transition-Aged Youth with Mental Health Needs to study and make a report to the Mississippi Legislature and to assist in shaping public policy to improve student outcomes and educational opportunities for students with serious emotional, behavioral disorders in regular and special education in the State of Mississippi.

(2) The study committee shall, at a minimum, make a thorough examination of the following:

(a) The current delivery system of education and related services by state, regional and local public entities for the designated population through "regular" education, "special" education and "alternative" education;

(b) Examination of the current processes for identification of, accommodations for, academic provisions and related services for the designated population;

(c) Examination of State Department of Education, regional and local public schools' adherence to all federal and state guidelines, policies procedures and requirements for education and related services for this population, including students who meet criteria for Section 504 of the Rehabilitation Act, IDEA and the Americans with Disabilities Act (ADA);

(d) Examination of the disparity and lack of uniformity of adherence to the federal and state protections named above within the one hundred eighty-two (182) school districts in Mississippi and the State Department of Education's accountability on this issue;

(e) Examination of federal, state and local funding sources that are currently used or could be used to bring education and related services solutions to scale for the designated population and the State Department of Education's accountability to the Legislature in this regard;

(f) Examination of the disparities and gap between the number of children currently identified as having an emotional disturbance (EmD) ruling under IDEA and the prevalence estimates of the number of children in Mississippi with serious mental health needs;

(g) Examination of the current dropout rate of students in Mississippi versus the number of dropouts, nongraduates, suspension and expulsion rates in the designated population and the reasons for such;

(h) Examination of the State Department of Education's role in researching best practices and evidence-based practices that serve the targeted population and its role in disseminating and training state, regional and local staff on these models;

(i) Examination of the State Department of Education's lack of executive level adherence to the requirements of the Mississippi Statewide System of Care;

(j) Mandate statewide public hearings or focus groups coordinated by families and youth to gather information from families and youth through a contract between the State Department of Education and a statewide advocacy group for the designated population; and

(k) Any other matters of importance relating to the education of the designated population.

(3) The Joint Legislative Study Committee shall be composed of the following twelve (12) members:

(a) The Chairman of the House Public Health and Human

Services Committee and the Chairman of the Senate Public Health and Welfare Committee, who will be co-chairmen of the joint study committee;

(b) The Chairmen of the House and Senate Education Committees, who will be co-chairmen of the joint study committee;

(d) The Chairman of the Senate Appropriations Committee, or his designee;

(e) Three (3) senators to be appointed by the Lieutenant Governor; and

(f) Three (3) representatives to be appointed by the Speaker of the House of Representatives.

(4) Appointments to the task force shall be made within thirty (30) days after the effective date of this act. The task force shall hold its first meeting on a date, time and location designated jointly by the Speaker of the House of Representatives and the Lieutenant Governor. A majority of the members of the committee shall constitute a quorum. In the adoption of rules, resolutions and reports, an affirmative vote of a majority of the members of each house shall be required.

(5) Members of the study committee shall be reimbursed from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session, but only with the specific approval of the Rules Committee of the respective houses; however, no per diem or expense for attending meetings of the study committee may be paid while the Legislature is in session. Members of the study committee may receive per diem and expenses when the Legislature is in session but in recess under the terms of a concurrent resolution, or in recess during a special session, but only with the specific approval of the Rules Committee of the respective houses.

(6) The study committee shall make an initial report of its findings and recommendations to the Legislature not later than December 1, 2011. At the time of submission of its final report, the study committee shall be dissolved.

(7) (a) The Lieutenant Governor and the Speaker of the

House of Representatives, in their discretion, may jointly appoint not more than twenty (20) members to an advisory council to the joint committee. The members of the advisory council appointed in 2011 shall continue to serve as long as the study committee continues in existence.

(b) The members of the advisory council either shall be

engaged professionally in rendering academic or related services for the designated population, be parents or guardians of those children in the designated population, or be representatives of advocacy organizations for the designated population as follows:

(i) The State Superintendent of Public Education;

(ii) Five (5) representatives of the State Department of Education representing the fields of special education, regular education, teaching and recruitment, alternative education and drop out prevention;

(iii) The Executive Director of the Mississippi School Boards Association;

(iv) The Executive Director of the Mississippi Association of School Superintendents;

(v) The Executive Director of Mississippi Parent Training and Information Center;

(vi) The Executive Director of Mississippi Families as Allies for Children's Mental Health, Incorporated;

(vii) A parent or guardian of a child or youth in the designated population who has experienced severe school difficulties due to lack of school adherence to federal,

state or local policies and procedures;

(viii) A youth leader in the designated population;

(ix) The Executive Director or the Children and Youth Director of the Department of Mental Health;

(x) A child psychiatrist;

(xi) A child psychologist;

(xii) A representative of the Division of Medicaid;

(xiii) A representative of the Board of Trustees of State Institutions of Higher Learning; and

(xiv) Representatives from the Mississippi Parent Training and Information Center; the Mississippi Chapter of the National Alliance on Mental Illness; Southern Echo, Parents United Together and the Mississippi Coalition for Citizens with Disabilities.

(c) The advisory council may meet with the Joint Legislative Study Committee and may hold special meetings as deemed necessary.

(6) Any department, agency or court of this state, at the request of the chairmen of the study, shall provide staff and other support necessary for the study committee to perform its duties.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.