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.
HB 1212 amends Mississippi’s special education statutes governing university-based programs (UBPs) for children whose needs cannot be met in regular or special education public school settings. The bill clarifies that state-supported universities and colleges may operate these programs under State Board of Education rules, and it expands language describing who may serve as lead teachers, including speech-language pathologists, educational audiologists, and special or early childhood educators who meet licensure requirements. It also reinforces parent participation rights in IEP meetings, including the right to review and immediately appeal IEP decisions and to audio record meetings with advance notice.
The bill further specifies reporting, placement, and service expectations for UBPs. It requires semester progress reports, annual IEP conferences with the local education agency, and submission of reports and data on the same schedule and in the same manner as local school districts. It also states that students in UBPs must still meet state educational requirements, including statewide assessments, while recognizing that general education least-restrictive-environment requirements may not always apply given the students’ needs.
HB 1212 primarily affects Mississippi Code Sections 37-23-31, 37-23-33, and 37-23-35 by clarifying how university-based special education programs are funded and administered under the Mississippi Student Funding Formula. It directs the State Department of Education to complete provisional teacher unit approval for university- or college-based programs at the same time it approves teacher units for local educational agencies, and it specifies that certain state funds, including transportation, extended school year, teacher unit allocations, and related formula funds, are to be distributed directly to the university or college for students placed through IEPs or parentally placed. The bill also confirms that UBPs may receive state and federal IDEA funds, while the university or college remains responsible for additional program costs.
The bill appears to have broad bipartisan support and little visible opposition. It passed the House unanimously, 119-0, and the Senate unanimously, 51-0. The absence of recorded committee testimony in the provided materials suggests the measure was relatively noncontroversial and viewed as a technical or clarifying update to existing special education funding rules.
The main policy issues addressed by the bill involve how funding should flow to university-based programs, who qualifies to serve as lead instructors, and how those programs interact with local education agencies and parents. Potential points of concern include the bill’s explicit allowance for speech-language pathologists and educational audiologists to serve as lead teachers, the statement that general education least-restrictive-environment requirements may not always apply, and the direct distribution of certain state funds to universities rather than through LEAs. However, the unanimous votes indicate these issues did not generate significant recorded opposition in the legislative process provided.