University-based program; clarify funding allocations under the total funding formula., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Education; Appropriations A

By: Representative McCarty

House Bill 1212

(As Sent to Governor)

AN ACT TO AMEND SECTIONS 37-23-31, 37-23-33 AND 37-23-35,
MISSISSIPPI CODE OF 1972, TO CLARIFY FUNDING ALLOCATIONS PROVIDED TO UNIVERSITY-BASED
PROGRAMS UNDER THE MISSISSIPPI STUDENT FUNDING FORMULA; AND FOR RELATED
PURPOSES.

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

SECTION 1.  Section
37-23-31, Mississippi Code of 1972, is amended as follows:

37-23-31.  (1)  (a)  When
five (5) or more children under twenty-one (21) years of age who, because of significant developmental disabilities, complex
communication needs, significant language or learning deficits or any
combination of either, are unable to have their educational needs met
appropriately in a regular or special education public school program within
their local public school districts, a state-supported university or college
shall be authorized and empowered, in its discretion, to provide a program of
education, instruction and training to such children, provided that such
program shall operate under rules, regulations, policies and standards adopted
by the State Department of Education, as provided for in Section 37-23-33.  The
opinion of a parent or guardian in regard to the provision of an appropriate
special education program in or by their respective local public school district
shall be considered before a placement decision is finalized.  Parents of
students enrolled in a local education agency (LEA) shall have any and all
rights as provided in the Individuals with Disabilities Education Act,
including, but not limited to, the right to equal participation in their child's
Individualized Education Program (IEP), the right to require review of their
child's IEP, and the right to appeal an IEP Committee decision immediately.
The parent or guardian or local educational agency shall have the right to
audio record the proceedings of individualized education program team
meetings.  The parent or guardian or local educational agency shall notify the
members of the individualized education program team of his, her, or its intent
to audio record a meeting at least twenty-four (24) hours prior to the meeting.

(b)  Instructors,
including speech-language pathologists, educational audiologists and special
and early childhood educators are qualified and empowered to serve as the lead
teacher for children enrolled within the state-supported university's or
college's university-based program (UBP) through the IDEA-Part C and IDEA-Part
B eligibility and placement process upon completing instructional licensure
requirements * * * for the
purposes of funding MAEP special education teacher units.

(c)  Due to the
significance of the needs of the children served through the UBP, general
education setting requirements may not be applicable as the least restrictive
environment.  Students enrolled in a UBP by a LEA shall meet all state
educational requirements, including participation in statewide assessments.
Justification for placement decisions is determined in conjunction with the LEA
through each child's IEP for ages three (3) to twenty-one (21).  The UBP shall
submit to the local education agency and the parents of the student in the
program a progress report each semester on all IEP goals and objectives.  The
UBP and local education agency shall confer annually to develop the IEP for
each student enrolled in the UBP.

(2)  Any state-supported
university or college conducting a full-time medical teaching program
acceptable to the State Board of Education may, at its discretion, enter into
such contracts or agreements with any private school or nonprofit corporation-supported
institution, the Mississippi School for the Deaf, or any state-supported
institution, providing the special education contemplated by this section for
such services, provided the private school or institution offering such services
shall have conducted a program of such services at standards acceptable to the
State Department of Education for a period of at least one (1) year prior to
the date at which the university or college proposes to enter into an agreement
or contract for special educational services as described above.

SECTION 2.  Section
37-23-33, Mississippi Code of 1972, is amended as follows:

37-23-33.  (1)  Such program
of education, instruction and training as is provided for in Section 37-23-31
shall be furnished in such manner as shall be provided by rules and regulations
adopted by the State Board of Education, which for such purposes shall have the
full power to adopt such rules, regulations, policies and standards as it may
deem necessary to carry out the purpose of Sections 37-23-31 through 37-23-35,
including the establishment of qualifications consistent with the requirements
of subsection (2) of this section for any teachers employed under the
provisions thereof.  It is expressly provided, however, that no program of
education, instruction and training shall be furnished except in a university
or college supported by the State of Mississippi and only in cases where such
university or college shall consent thereto and shall provide any classroom
space, furniture and facilities which may be deemed necessary in carrying out
the provisions of those sections.

(2)  Speech-language
pathologists, educational audiologists, and special and early childhood
educators are qualified and authorized to serve as the lead teacher for
children enrolled in a university or college-based program through the IDEA-Part
C and IDEA-Part B eligibility and placement process.  Whenever communication is
a primary area of concern on a child's Individualized Family Service Plan
(IFSP) or Individualized Education Program (IEP), a speech-language pathologist
or educational audiologist may serve as the lead instructor with an educator
serving as a related service provider as necessary to meet the educational
needs of the child.  Speech-language pathologists and educational audiologists
must undergo extensive college coursework in communication-based disorders
impacting multiple areas of development, including cognition.  The content of
the college coursework must include typical and atypical development for ages
birth through death.  In addition to completing the college coursework, these
instructional providers must meet all instructional licensure requirements as
set forth by the State Department of Education * * * for the purpose of funding MAEP special education teacher
units.

(3)  The State Department of
Education through its general supervision responsibilities set forth by the
Office of Special Education Programs at the United States Department of
Education, shall require that the program of education, instruction and
training be designed to provide individualized appropriate special education
and related services that enable a child to reach his or her appropriate and
uniquely designed goals for success.

(4)  A university- or
college-based program must submit all reports and data required by the State
Department of Education on the same or similar time schedule and in the same or
similar manner that same or similar reports and data must be submitted to the
department by local educational agencies.

SECTION 3.  Section
37-23-35, Mississippi Code of 1972, is amended as follows:

37-23-35.  (1)  When any
children who are residents of the State of Mississippi and qualify under the
provisions of Section 37-23-31, are provided a program of education,
instruction and training within a * * *school under the provisions of Section 37‑23‑31
university-based program (UBP), the State Department of Education shall
allocate * * * one (1)
teacher unit for each approved class.  The allocation of funds for each teacher
unit shall be based on the teacher's certification and shall be in accordance
with Section 37‑19‑7.  The department shall complete provisional
teacher unit approval for university or college‑based programs at the
same time teacher units are approved for local educational agencies funds
equivalent to the full base student cost and all qualifying weighted
adjustments as prescribed in Section 37-151-205.  The university or college
shall be eligible for state and federal funds for such programs in accordance
with IDEA.  The university or college shall be responsible for providing for
the additional costs of the program.

(2)  IDEA-Part B and
preschool allocations for each LEA shall be determined and calculated by the
State Department of Education with notification provided to the UBP of the
total amount of funds being distributed to the LEA.  The LEA and UBP shall
enter into a collaborative agreement that describes the services provided and
the funds required for such services.

(3)  State funds for
transportation, extended school year * * * and teacher unit allocations and the total
funding formula funds, including National Board Certification/Speech-Language
Pathology Supplements, shall be distributed by the State Department of
Education directly to the state-supported university or college for students
placed either through the Individualized Education Program (IEP) process or who
are parentally placed.  The university-based program (UBP) shall submit this
information directly to the State Department of Education.

SECTION 4.  This act
shall take effect and be in force from and after July 1, 2026.