Bill Text: MS SB2325 | 2014 | Regular Session | Engrossed

Mississippi Senate Bill 2325 (Prior Session Legislation)

Bill Title: The Equal Opportunity for All Students with Special Needs Act; create to establish IEFs for certain students.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2014-03-12 - Died On Calendar [SB2325 Detail]

Download: Mississippi-2014-SB2325-Engrossed.html

MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Education; Appropriations

By: Senator(s) Collins, Gollott, McDaniel, Watson

Senate Bill 2325

(As Passed the Senate)

AN ACT TO CREATE THE EQUAL OPPORTUNITY FOR ALL STUDENTS WITH SPECIALS NEEDS ACT FOR THE PURPOSE OF ESTABLISHING INDIVIDUALIZED EDUCATION FUNDS (IEFS) FOR PARENTS OF ELIGIBLE STUDENTS WITH SPECIAL NEEDS; TO PRESCRIBE THE CRITERIA FOR DETERMINING ELIGIBILITY FOR PARTICIPATION IN THE PROGRAM AND RECEIPT OF PROGRAM FUNDS; TO REQUIRE THE LEGISLATURE TO APPROPRIATE SUFFICIENT FUNDS FROM THE STATE GENERAL FUND TO THE INDIVIDUALIZED EDUCATION FUNDS; TO REQUIRE EACH STUDENT'S IEF TO BE FUNDED AT AN AMOUNT EQUIVALENT TO THE MAEP BASE STUDENT COST PLUS THE PROPORTIONATE SHARE OF FUNDS FOR CATEGORICAL AID PROGRAMS; TO STIPULATE THE OBLIGATIONS OF PARENTS OR LEGAL GUARDIANS, STUDENTS AND SCHOOLS TO BECOME AND REMAIN ELIGIBLE FOR PARTICIPATION; TO PRESCRIBE THE DUTIES OF THE DEPARTMENT OF EDUCATION REGARDING THE ADMINISTRATION OF THE FUNDS; TO REQUIRE PEER TO PREPARE A BIANNUAL REPORT ON THE SUFFICIENCY OF FUNDING FOR IEFS AND STUDENT PERFORMANCE AND ASSESSMENT EVALUATION BEGINNING IN 2018 AND EVERY TWO YEARS THEREAFTER; TO PROVIDE FOR THE ADMINISTRATIVE, FINANCIAL AND ACADEMIC ACCOUNTABILITY STANDARDS TO BE ADHERED TO BY PARTICIPATING SCHOOLS; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known, and may be cited as "The Equal Opportunity for All Students with Special Needs Act."

SECTION 2. The terms used in this act shall have the meanings ascribed herein, unless the context clearly indicates otherwise:

(a) "Program" means the Individualized Education Fund (IEF) Program created in this act.

(b) "Eligible student" means any student who has:

(i) An Individualized Education Program (IEP) in effect at the time the request for participation in the program is received by the State Department of Education; or

(ii) A 504 accommodation issued under Section 504 of the Rehabilitation Act of 1973. No more than two thousand five hundred (2,500) students with a 504 accommodation may annually enroll in the program;

(iii) And who meets any of the following requirements:

1. Has attended a Mississippi public school during the previous school year.

2. Is attending a primary or secondary school in Mississippi for the first time.

3. Is not enrolled in the Mississippi School for the Deaf and the Blind or any other public school.

(c) "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.

(d) "Department" means the Mississippi Department of Education.

(e) "Resident school district" means the public school district in which the student resides.

(f) "Participating school" means a nonpublic school that has notified the department that it has enrolled a participating student and that has agreed to comply with the requirements of the program.

(g) "Private tutoring" means tutoring services provided by tutors accredited by a regional or national accrediting organization.

(h) "Eligible postsecondary institution" means a community college, an accredited university or an accredited private postsecondary institution.

SECTION 3. (1) A parent of an eligible student shall qualify to participate in the program if the parent signs an agreement promising:

(a) To provide an organized, appropriate educational program with measurable annual goals to their eligible student; and

(b) Not to enroll their eligible student in a public school and to release the resident school district from all obligations to educate the student. Participation in the program shall have the same effect as a parental refusal to receipt of consent to service under 20 USCS Sections 614(a)(1), 1414(a)(1)(D) and 1414(C) of the IDEA.

(2) The Legislature shall appropriate from the General Fund sufficient funds to fund Individualized Education Funds (IEFs) for participating students. Each student's IEF shall be funded at an amount equivalent to the Mississippi Adequate Education Program base cost plus the per pupil average of the proportionate share of monies generated under state categorical aid programs.

(3) Parents shall agree to use the funds deposited in a participating student's IEF for the following qualifying expenses to educate the student:

(a) Tuition or fees at a participating school;

(b) Textbooks required by a participating school;

(d) Payment for purchase of curriculum, including any supplemental materials required by the curriculum;

(e) Fees for transportation paid to a fee-for-service transportation provider;

(f) Tuition or fees for a nonpublic online learning program or course;

(g) Fees for nationally standardized norm-referenced achievement tests, including alternate assessments; and fees for Advanced Placement examinations or similar courses and any examinations related to college or university admission;

(h) Contributions to a Coverdell Education Savings Account established pursuant to 26 USCS Section 530 for the benefit of the participating student, except that money used for elementary or secondary education expenses must be for expenses otherwise allowed under this section;

(i) Educational services for students with disabilities from a licensed or accredited practitioner or provider, including licensed or accredited paraprofessionals or educational aides;

(j) Services provided by a public school, including individual classes and extracurricular programs;

(k) Tuition or fees at an eligible postsecondary institution;

(l) Textbooks required for courses at an eligible postsecondary institution;

(m) Fees for account management by private financial management firms;

(n) Insurance or surety bond payments as required by the department;

(o) Funds in an IEF may be used for the purchase of no more than Fifty Dollars ($50.00) in annual consumable education supplies necessary for daily classroom activities;

(p) Funds in an IEF may only be used to purchase computer hardware and software and other technological devices if a participating school, licensed or accredited tutor, licensed or accredited educational services practitioner or provider, or licensed medical professional verifies in writing that these items are essential for the student to meet annual, measurable goals.

(4) A school, private tutor, eligible postsecondary institution or other educational provider that serves a participating student may not refund, rebate, or share money from an IEF with a parent or participating student in any manner. The funds in an IEF may only be used for educational purposes. Participating schools, postsecondary institutions and education providers that enroll participating students shall provide parents with a receipt for all qualifying expenses at the school or institution.

(5) Parents shall be allowed to make payments for the costs of educational programs and services not covered by the funds in their IEF.

(6) For purposes of continuity of educational attainment, students who enroll in the program shall remain eligible until the participating student returns to a public school, graduates from high school or reaches the age of twenty-one (21), whichever occurs first.

(7) A participating student shall immediately be removed from the count in the enrollment figures for his or her resident school district for the purposes of calculating state aid to the resident school district.

(8) Any funds remaining in a student's Individualized Education Fund upon graduation from high school may be used to attend or take courses from an eligible postsecondary institution, with qualifying expenses subject to the applicable conditions stipulated in Section 3(3) of this act.

(9) Upon the participating student's graduation from a postsecondary institution or after any period of four (4) consecutive years after high school graduation in which the student is not enrolled in an eligible postsecondary institution, the participating student's Individualized Education Fund shall be closed and any remaining funds shall be returned to the state's General Fund.

(10) Monies received pursuant to this act do not constitute taxable income to the parent of the participating student or to the student.

SECTION 4. Administration of Individualized Education Funds.

(1) The department shall create a standard form that parents of eligible students can submit to establish their student's eligibility for an Individualized Education Fund. The department shall ensure that the application is readily available to interested families through various sources, including the Internet.

(2) The department shall provide parents of participating students with a written explanation of the allowable uses of Individualized Education Funds, the responsibilities of parents and the duties of the department.

(3) The department shall ensure that lower-income families are made aware of the program and their potential eligibility.

(4) The department may deduct an amount up to a limit of three percent (3%) from appropriations used to fund Individualized Education Funds to cover the costs of overseeing the funds and administering the program.

(5) The department shall make payments to participating students' Individualized Education Funds on a quarterly basis.

(6) If more than two thousand five hundred (2,500) students for whom a 504 accommodation plan has been issued apply for the program in any one (1) year, the department shall conduct a lottery to determine which students may enroll in the program that year.

(7) The resident school district shall provide the parent of a participating student 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 1232(g)). The record shall be provided no later than thirty (30) days after a parent signs an agreement to participate in the program.

SECTION 5. (1) To ensure that funds are spent appropriately, the department shall adopt rules and policies necessary for the administration of the program, including the authority to conduct or contract for the auditing of accounts, and shall, at a minimum, conduct or contract for random audits of Individualized Education Funds on both a quarterly and an annual basis.

(2) The department shall qualify private financial management firms to manage Individualized Education Funds.

(3) The department shall establish or contract for the establishment of an online anonymous fraud reporting service.

(4) The department shall establish or contract for the establishment of an anonymous telephone hotline for fraud reporting.

(5) The department shall require a surety bond or insurance for parents who participate in the program.

(6) The department shall remove any parent and their participating student from the program if the parent fails to comply with the terms of the agreement, applicable laws, rules or orders or for knowingly misusing funds or knowingly failing to comply with the terms of the agreement with intent to defraud.

(a) If the department determines a parent has failed to comply with the terms of the agreement, the department shall notify the parent in writing that the Individualized Education Fund has been suspended and that no further transactions will be allowed or disbursements made. The notification shall specify the reason for the suspension and state that the parent has (10) ten business days to respond and take corrective action.

(b) If the parent refuses or fails to contact the department, furnish any information or make any report that may be required for reinstatement within the ten-day period, the department may remove the parent and their participating student from the program, pursuant to this subsection.

(d) The department shall refer cases of substantial misuse of funds to law enforcement agencies for investigation if evidence of fraudulent use of an account is obtained.

SECTION 6. Student performance standards and program evaluation. (1) The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall prepare a biannual report, beginning in 2018 and every two (2) years thereafter, assessing the sufficiency of funding for Individualized Education Funds and any suggested changes in state law or policy necessary to improve the program.

(2) The report shall assess:

(a) The level of participating students' satisfaction with the program;

(b) The level of parental satisfaction with the program;

(c) 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;

(d) 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;

(e) The class size experienced by participating students at their resident school district and at their participating school;

(f) Student performance on nationally standardized norm-referenced achievement tests for those participating students whose parents have requested participation in such tests;

(g) Student performance on Advanced Placement examinations or similar courses and any examinations related to college or university admission;

(h) The high school graduation rates and college acceptance rates of participating students;

(i) The percentage of funds used for each qualifying expense identified in Section 3(3) of this act;

(j) The fiscal impact to the state and resident school districts of the program;

(k) The public schools from which students transfer to participate in the program shall cooperate with the research effort by providing student assessment results and any other data necessary to complete this study.

(3) PEER may accept grants to assist in funding the study.

(4) The study shall:

(a) Apply appropriate analytical and behavioral science methodologies to ensure public confidence in the study;

(b) Protect the identity of participating students and schools by, among other things, keeping anonymous all disaggregated data other than that for the categories of grade level, gender, and race and ethnicity; and

(c) Provide the Legislature with a final copy of the evaluation of the program. This study shall also be placed in a prominent location on the PEER website.

(5) PEER must make its data and methodology available for public review while complying with the requirements of the Family Educational Rights and Privacy Act (20 USCS Section 1232(g)).

SECTION 7. Responsibilities of Participating Schools. (1) To ensure that students are treated fairly and kept safe, all participating schools shall:

(a) Comply with all health and safety laws or codes that apply to nonpublic schools;

(b) Hold a valid occupancy permit if required by their municipality;

(d) Certify compliance with the nondiscrimination policies set forth in 42 USCS 1981; and

(e) Conduct criminal background checks on employees. The participating school then shall:

(i) Exclude from employment any people not permitted by state law to work in a nonpublic school; and

(ii) Exclude from employment any people that might reasonably pose a threat to the safety of students.

SECTION 8. Autonomy of Participating Schools. (1) A participating nonpublic 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 nonpublic school or education provider that accepts funds from the parent of a participating student;

(b) The creation of The Individualized Education Fund Program does not expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of nonpublic schools or education providers beyond those necessary to enforce the requirements of the program;

(c) Participating nonpublic schools and education providers shall be given the maximum freedom to provide for the educational needs of their students without governmental control. No participating nonpublic school and education provider shall be required to alter its creed, practices, admissions policies or curriculum in order to accept participating students; and

(2) In any legal proceeding challenging the application of this act to a participating school, the state bears the burden of establishing that the law is necessary and does not impose any undue burden on participating schools.

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. This act shall take effect and be in force from and after July 1, 2014, and stand repealed from and after June 30, 2014.