Bill Text: MS HB1043 | 2017 | Regular Session | Introduced
Bill Title: "Equal Opportunity for All Students with Special Needs Act"; revise definition of "eligible student" to include siblings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB1043 Detail]
Download: Mississippi-2017-HB1043-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Education
By: Representative Crawford
House Bill 1043
AN ACT TO AMEND SECTION 37-181-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "ELIGIBLE STUDENT" UNDER THE EQUAL OPPORTUNITY FOR ALL STUDENTS WITH SPECIAL NEEDS ACT, TO INCLUDE THE SIBLINGS OF STUDENT WITH AN ACTIVE IEP; TO AMEND SECTION 37-181-7, MISSISSIPPI CODE OF 1972, TO PLACE A 10% CAP ON THE TOTAL NUMBER OF ELIGIBLE STUDENTS ENROLLED IN THE PROGRAM EACH YEAR WHO ARE SIBLINGS OF STUDENTS WITH AN ACTIVE IEP; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-181-3, Mississippi Code of 1972, is amended as follows:
37-181-3. The terms used in this chapter shall have the meanings ascribed herein, unless the context clearly indicates otherwise:
(a) "Program" means a five-year pilot program to implement the Education Scholarship Account (ESA) program created in this chapter.
(b) "Eligible student" means any student who has had an active Individualized Education Program (IEP) within the past five (5) years, and any sibling of a student who has had an active IEP within the past five (5) years and has been previously enrolled in the program.
(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 State Department of Education.
(e) "Home school district" means the public school district in which the student resides.
(f) "Eligible school" means a nonpublic school that has enrolled a participating student. An eligible school must be accredited by a state or regional accrediting agency or possess a provisional letter of accreditation from a state or regional accrediting agency or be approved/licensed by the State Department of Education. An eligible school does not include a home instruction program under Section 37-13-91, Mississippi Code of 1972.
(g) "Tutor" means a person who is certified or licensed by a state, regional, or national certification or licensing organization or who has earned a valid teacher's license or who has experience teaching at an eligible postsecondary institution.
(h) "Postsecondary institution" means a community college, college, or university accredited by a state, regional or national accrediting organization.
(i) "Educational service provider" means an eligible school, tutor, or other person or organization that provides education-related services and products to participating students.
SECTION 2. Section 37-181-7, Mississippi Code of 1972, is amended as follows:
37-181-7. (1) The ESA program created in this chapter shall be limited to five hundred (500) students in the school year 2015-2016, with new enrollment limited to five hundred (500) additional students each year thereafter. Subject to appropriation from the General Fund, each student's ESA shall be funded at Six Thousand Five Hundred Dollars ($6,500.00) for school year 2015-2016. For each subsequent year, this amount shall increase or decrease by the same proportion as the base student cost under Section 37-151-7(1)(b) is increased or decreased.
(2) Subject to appropriation, eligible students shall be approved for participation in the program as follows:
(a) Until participation in the program reaches fifty percent (50%) of the annual enrollment limits in subsection (1) of this section, students shall be approved on a first-come, first-served basis, with applications being reviewed on a rolling basis;
(b) After
participation reaches fifty percent (50%) of the annual enrollment limits in
subsection (1) of this section, the department shall set annual application
deadlines for the remaining number of available ESAs and begin to maintain a
waiting list of eligible students. If the number of eligible students who
apply for the program exceeds the remaining number of ESAs available, the
department shall fill the available spaces using a random selection process
that gives preference to students with an active Individualized Education
Program (IEP); * * *
(c) Of the five hundred (500) newly enrolled students added to the program each year, no more than ten percent (10%) of the new enrollments shall account for eligible students who are siblings of students with an active IEP, who shall be admitted on a first-come, first-served basis, with applications being reviewed on a rolling basis subject to the annual application deadlines established by the department; and
( * * *d) Participating students who remain
eligible for the program are automatically approved for participation for the
following year and are not subject to the random selection process.
(3) No funds for an ESA may be expended from the Mississippi Adequate Education Program, nor shall any school district be required to provide funding for an ESA.
SECTION 3. This act shall take effect and be in force from and after July 1, 2017.
