Bill Text: MS HB849 | 2012 | Regular Session | Introduced
Bill Title: School vouchers; establish program to provide for students with special needs to attend school of choice.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-06 - Died In Committee [HB849 Detail]
Download: Mississippi-2012-HB849-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Education
By: Representative Moore
House Bill 849
AN ACT TO ESTABLISH THE SPECIAL NEEDS VOUCHER PROGRAM, TO DEFINE CERTAIN TERMS USED IN THIS ACT; TO AUTHORIZE ANY PARENT OF AN ELIGIBLE STUDENT TO QUALIFY FOR A VOUCHER FROM THE STATE TO ENROLL THEIR CHILD IN A PARTICIPATING PRIVATE SCHOOL PROVIDED CERTAIN CONDITIONS ARE MET WITH REGARD TO THE CHILD'S INDIVIDUALIZED EDUCATIONAL PLAN; TO REQUIRE THAT PARTICIPATING STUDENTS BE COUNTED IN THE ENROLLMENT OF HIS OR HER RESIDENT SCHOOL DISTRICT; TO PROVIDE FOR THE DURATION AND AVAILABILITY OF THE SPECIAL NEEDS VOUCHER TO ELIGIBLE STUDENTS; TO REQUIRE LOCAL SCHOOL DISTRICTS TO INFORM PARENTS OF STUDENTS WITH SPECIAL NEEDS OF THE SPECIAL NEEDS VOUCHER PROGRAM; TO PRESCRIBE THE POWERS AND DUTIES OF THE DEPARTMENT OF EDUCATION FOR THE ADMINISTRATION OF THE SPECIAL NEEDS VOUCHER PROGRAM; TO STIPULATE THE REQUIREMENTS TO BE ADHERED TO BY PRIVATE SCHOOLS; TO REQUIRE THE JOINT COMMITTEE ON PERFORMANCE EVALUATION AND EXPENDITURE REVIEW TO SUBMIT AN ANNUAL EVALUATION REPORT ON THE PROGRAM BEFORE SEPTEMBER 30 OF EACH YEAR; TO PROVIDE THAT THE PROVISIONS OF THIS ACT SHALL BE SEVERABLE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known as and may be cited as the Special Needs Voucher Program.
SECTION 2. For purposes of this act, the following words and phrases shall have the meanings herein ascribed unless the context clearly indicates otherwise:
(a) "Program" means the Special Needs Voucher Program created under this act.
(b) "Eligible Student" means any elementary or secondary student documented as having:
(i) An intellectual or mental disability;
(ii) A speech impairment or a language impairment;
(iii) A hearing impairment, including deafness;
(iv) A visual impairment, including blindness;
(v) A dual sensory impairment;
(vi) An orthopedic impairment;
(vii) Any other health impairment;
(viii) An emotional or behavioral disability;
(ix) A specific learning disability, including, but not limited to, dyslexia, dyscalculia, attention deficit hyperactivity disorder, or developmental aphasia;
(x) A traumatic brain injury;
(xi) A developmental delay;
(xii) Autism spectrum disorder;
(xiii) Been hospitalized or homebound because of illness or disability; or
(xiv) Been defined as an exceptional child under Section 37-23-3.
(c) "Parent" includes a guardian, custodian, or other person with authority to act on behalf of the child.
(d) "Resident school district" means the public school district in which the student resides.
(e) "Department" means the State Department of Education.
(f) "Participating school" means either a public school outside of the resident school district, a school run by another public entity, or any private school that provides education to elementary and/or secondary students that has notified the department of its intention to participate in the program and comply with the program's requirements.
SECTION 3. (1) Any parents of an eligible student shall qualify for a voucher from the state for their child to enroll in and attend a participating, private school if:
(a) The student has had or, if he were to attend a public school, would require an individualized education plan (IEP);
(b) The student has been accepted for admission at a participating school; and
(c) The parent has requested a voucher from the state before the deadline established by the department.
(2) The department shall inform the resident school district that the parents of a student with special needs have requested a special needs voucher. The resident school district shall, within three (3) business days, provide the department with a copy of the student's most current IEP, if one was developed.
(3) Upon receipt of the eligible student's request for a voucher, the department shall review the student's IEP or other assessment for disabilities to determine the amount of the voucher. The department shall provide the student's parent with a timely written explanation of its determination of the amount of the voucher.
(4) The maximum voucher granted to an eligible student shall be an amount equivalent to the cost of the educational program that would have been provided for the student in the resident school district. Although the voucher amount is a function of a student's IEP, the participating school is not required to abide by the IEP. The parent and the participating school will mutually determine the best services and educational plan for the student.
(5) The amount of the special needs voucher shall be the lesser of the amount calculated in subsections (3) and (4) of this section, or the amount of the participating school's estimated costs for serving the student. The costs of any assessment by the participating school of the student's special needs may be included in the voucher amount.
(6) In the event the plan agreed to by the parents and the participating school in subsection (4) differs from the IEP provided by the resident school district, the parents of that child shall be responsible for paying the difference in cost if the cost exceeds the amount calculated in subsections (3) and (4) of this section.
(7) A participating student shall be counted for the adequate education program allotments by his resident school district. The funds needed to provide a voucher shall be deducted from state aid to the school district allotted for that student and remitted to the parents as a voucher warrant.
(8) Upon receipt of a voucher warrant, the parent to whom the warrant is issued shall restrictively endorse the warrant to the participating private school for deposit into the account of the private school. The parent may not designate any entity or individual associated with the participating private school as the parent's attorney in fact to endorse a voucher warrant. A participant who fails to comply with this paragraph forfeits the voucher.
(9) The special needs voucher shall remain in force until the student returns to a public school, graduates from high school or reaches his or her twenty-first birthday, whichever comes first.
(10) At any time, the student's parent may remove the student from the participating school and place the student in another participating school or a school in that student's resident school district.
(11) A participating school may not refund, rebate, or share a student's voucher with a parent or the student in any manner. A student's voucher may only be used for educational purposes.
SECTION 4. (1) A resident school district shall annually notify the parents of a student with special needs of the Special Needs Voucher Program and the opportunity to enroll their child in a participating school of their choice.
(2) The resident school district shall provide a participating school that has admitted an eligible student under this program with a complete copy of the student's school records, while complying with the Family Educational Rights and Privacy Act of 1974, 20 USCS Section 1232g.
(3) The public school district in which the eligible student participating in this program resides shall count the pupil in its enrollment for state aid purposes.
(4) If the parent of an eligible student participating in this program requests that the student take the statewide assessments, the resident school district shall provide locations and times for the student to take all statewide assessments if they are not offered at the student's participating school.
SECTION 5. (1) The department shall adopt rules and procedures regarding:
(a) The eligibility and participation of private schools, including timelines that will maximize student and public and private school participation;
(b) The calculation and distribution of vouchers to eligible students and participating schools, as provided by subsections (3), (4) and (5) of Section 3 of this act.
(c) The application and approval procedures for eligible students and a notification form for use by participating schools.
(2) No liability shall arise on the part of the department or the state based on the award or use of a special needs voucher.
(3) The department shall exercise its responsibilities in a manner that ensures the interests of students, schools and the public are protected while minimizing regulatory interference and administrative burdens placed on eligible students and participating schools.
(4) The department may bar a school from participation in the program if the department establishes that the participating school has:
(a) Intentionally and substantially misrepresented information required under Section 6 of this act;
(b) Routinely failed to comply with the accountability standards established in Section 6 of this act;
(c) Failed to comply with Section 3(10) of this act; or
(d) Failed to refund to the state any voucher overpayments in a timely manner.
(5) If the department decides to bar a participating school from the program, it shall clearly state, in a resolution of its governing board, the reasons for the debarment. Within ten (10) days of taking action to bar a participating school, the department shall provide a copy of its decision to the school and notify the parents of a child enrolled therein. Participating students attending a school barred by the department shall retain voucher program eligibility to attend another participating school.
(6) A school barred from participation may appeal the decision to the State Board of Education within thirty (30) days of receiving a copy of the decision from the department. The appeal process shall provide the school with an opportunity to submit documents and give testimony challenging the rationale for its being barred. The school may also obtain representation by counsel and call witnesses on its behalf. These proceedings shall be recorded and shall be considered a public record.
SECTION 6. (1) To ensure that students are treated fairly and kept safe, all participating private schools shall:
(a) Comply with all health and safety laws or codes that apply to private schools;
(b) Hold a valid occupancy permit if required by their municipality;
(c) Certify that they comply with the nondiscrimination policies set forth in 42 USCS Section 1981; and
(d) Conduct criminal background checks on employees. The participating school then shall:
(i) Exclude from employment any person not permitted by state law to work in a private school; and
(ii) Exclude from employment any person who might reasonably pose a threat to the safety of students.
(2) To ensure that public funds are spent appropriately, all participating private schools shall:
(a) Demonstrate their financial accountability by annually submitting to the department a financial information report for the school that complies with financial accounting standards established by the department and was prepared by a certified public accountant; and
(b) Demonstrate their financial viability by showing the ability to repay any funds that might be owed the state, if they are to receive Fifty Thousand Dollars ($50,000.00) or more during the school year, by:
(i) Filing with the department, before the start of the school year, a surety bond payable to the state in an amount equal to the aggregate amount of the special needs vouchers expected to be paid during the school year to students admitted to the participating school; or
(ii) Filing with the department, before the start of the school year, financial information that demonstrates the school has the ability to pay an aggregate amount equal to the amount of the special needs vouchers expected to be paid during the school year to students admitted to the participating school.
(3) To ensure that schools provide academic accountability to parents of the students in the program, all participating schools shall regularly report to the parent on the student's progress and document that the person supervising the provision of special education or related services holds the appropriate training.
(4) A participating private school is autonomous and not an agent of the state or federal government and therefore:
(a) The department or any other state agency may not in any way regulate the educational program of a participating private school that accepts a special needs voucher, including regulation of curriculum content, religious instruction or activities, classroom teaching, teacher and staff hiring requirements, and other activities carried out by the participating school;
(b) The creation of the Special Needs Voucher Program does not expand the regulatory authority of the state, the state's officers, or any school district to impose any additional regulation of private schools other than prescribing the notification form and the accounting standards for an annual financial report to be filed by participating schools; and
(c) Participating private schools shall possess the freedom to provide for the educational needs of their students without governmental control.
SECTION 7. (1) It shall be the responsibility of a parent to select their child's school, apply for admission, and apply for a special needs voucher.
(2) Any student participating in the program must comply fully with a participating school's written code of conduct and shall remain in attendance throughout the school year, unless excused by the school for illness or other good cause. However, a parent may transfer an eligible student to a public school or another participating school at any time. The voucher amount shall be prorated between participating schools according to the period of attendance at each school.
(3) A parent's decision for their child to participate in the program constitutes a private placement for purposes of the Individuals with Disabilities Education Act.
SECTION 8. (1) On or before September 30 of each year, beginning in the first year after the state will have had the Special Needs Voucher Program operating for a full school year, the Joint Committee on Performance Evaluation and Expenditure Review shall issue to the Governor, the Legislature, the State Board of Education, and the public at large, an annual report on the program.
(2) The annual report shall assess:
(a) The level of participating students' satisfaction with the program;
(b) The level of parental satisfaction with the program;
(c) The level of demand for the program;
(d) The percentage of participating students who were victimized because of their special needs status at their resident school district compared with the percentage so victimized at their participating school;
(e) The percentage of participating students who exhibited behavioral problems at their resident school district compared with the percentage exhibiting behavioral problems at their participating school;
(f) The class size experienced by participating students at their resident school district and at their participating school; and
(g) The fiscal impact to the state and resident school districts of the program.
(3) The Joint Committee on Performance Evaluation and Expenditure Review may also contract with one or more qualified researchers to assist in preparing the annual report.
(4) The relevant public school from which students transfer to participate in the program and private participating schools shall cooperate with the joint committee by providing student assessment results and any other data necessary to complete the report, subject to the requirements of the Family Educational Rights and Privacy Act (FERPA), 20 USCS Section 1232g.
SECTION 9. If any provision of this law or its application is held invalid, the invalidity does not affect other provisions or applications of this law which can be given effect without the invalid provision or application, and to this end the provisions of this law are severable.
SECTION 10. Sections 1 through 9 of this act shall stand repealed on July 1, 2020.
SECTION 11. This act shall take effect and be in force from and after July 1, 2012.
