AN ACT TO AMEND SECTION 37-13-107, MISSISSIPPI CODE OF 1972, TO REQUIRE EVERY SCHOOL ATTENDANCE OFFICER TO COMPLETE CERTAIN COMPREHENSIVE LEGAL TRAINING FOR THE INDIVIDUALS WITH DISABILITIES IN EDUCATION ACT (IDEA) AND SECTION 504 OF THE REHABILITATION ACT OF 1973; TO AMEND SECTION 37-11-18.1, MISSISSIPPI CODE OF 1972, TO REVISE THE TERMS "HABITUALLY DISRUPTIVE" AS IT PERTAINS TO STUDENTS WHO RECEIVE SPECIAL EDUCATION SERVICES UNDER AN INDIVIDUAL EDUCATION PLAN (IEP) OR A 504 PLAN; TO PROVIDE THAT A BEHAVIOR MODIFICATION PLAN SHOULD BE WRITTEN ONLY AFTER CERTAIN ASSESSMENTS ARE MADE FOR THE CHILD; TO PROVIDE CERTAIN EXCEPTIONS REGARDING EXPULSION OR ALTERNATIVE SCHOOL FOR A CHILD DEEMED HABITUALLY DISRUPTIVE, IF SUCH CHILD HAS A MODIFICATION PLAN AND RECEIVES SPECIAL EDUCATION SERVICES; TO AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CHILD'S ABSENCE IS EXCUSED WHEN IT RESULTS FROM THE CHILD'S DISABILITY UNDER IDEA OR OUTSIDE TREATMENT FOR SUCH DISABILITY UNDER IDEA; TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT RULES AND REGULATIONS THAT REQUIRE THE IMPLEMENTATION OF EVIDENCE-BASED PROCEDURES THAT ENCOURAGE EFFECTIVE INTERVENTIONS FOR ASSISTING INDIVIDUAL STUDENTS WHO ARE VULNERABLE TO CHRONIC ABSENTEEISM; AND FOR RELATED PURPOSES.
Impact
In addition to professional development for attendance officers, HB 1189 revises terms related to disruptive behavior among students, particularly those on Individualized Education Plans (IEPs) or 504 Plans. The bill introduces provisions under which behavior modification plans must only be written after thorough assessments and documentation. It stipulates the circumstances under which a child may be labeled 'habitually disruptive,' ensuring that students with disabilities are not unfairly penalized for behaviors associated with their conditions. This is seen as a significant step toward protecting the rights of vulnerable students and promoting an inclusive educational environment.
Summary
House Bill 1189 aims to amend several sections of the Mississippi Code related to the training of school attendance officers and the handling of students receiving special education services. The bill mandates that all school attendance officers complete comprehensive legal training focused on the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. This training is crucial for ensuring that officers understand the legal rights of children with disabilities, including proper identification and reporting processes for children with potential disabilities, thereby promoting compliance with federal law.
Contention
Some potential points of contention surrounding HB 1189 may involve the perceived burden on school districts to comply with these new regulatory requirements, particularly concerning training and documentation. Critics may argue that additional training mandates could strain district resources or detract from educational time. Moreover, there may be concerns about how these changes will be implemented in practice, especially regarding the consistency and accountability of attendance officers in recognizing students' rights and needs under the law. The measure reflects an evolving understanding of the intersection between education and mental health, which may also elicit debate among educational and psychological professionals regarding the adequacy and effectiveness of behavioral interventions in addressing chronic absenteeism.