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HB1205 • 2026

Students with disabilities; remove requirement for signing of a confidentiality pledge before mediation begins in alignment with federal law.

AN ACT TO AMEND SECTION 37-23-141, MISSISSIPPI CODE OF 1972, TO ALIGN STATE'S MEDIATION PROCESS FOR STUDENTS WITH DISABILITIES UNDER IDEA WITH THE FEDERAL POLICY ON MEDIATION BY REMOVING THE REQUIREMENT FOR CONFIDENTIALITY PLEDGES TO BE SIGNED BEFORE MEDIATION BEGINS; AND FOR RELATED PURPOSES.

Children Education
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
McCarty, McLean
Last action
2026-03-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill summary and text do not provide information on the specific federal policy alignment beyond removing the confidentiality pledge requirement.

Students with Disabilities; Mediation Changes

This bill removes the requirement for signing a confidentiality pledge before mediation begins for students with disabilities in Mississippi.

What This Bill Does

  • Removes the need to sign a confidentiality pledge before starting mediation for disputes about special education services.

Who It Names or Affects

  • Students with disabilities and their families who are involved in special education disputes.
  • School districts and educational institutions dealing with special education cases.

Terms To Know

IDEA
The Individuals with Disabilities Education Act, a federal law that ensures services to children with disabilities throughout the U.S.
Mediation
A process where an impartial person helps resolve disputes between two parties without taking sides.

Limits and Unknowns

  • The bill did not pass and therefore has no legal effect.
  • It does not specify what happens if the confidentiality pledge requirement is removed but other aspects of mediation remain unchanged.
  • Does not address whether discussions during mediation cannot be used as evidence in future legal proceedings.

Bill History

  1. 2026-03-03 Mississippi Legislative Bill Status System

    03/03 (S) Died In Committee

  2. 2026-02-17 Mississippi Legislative Bill Status System

    02/17 (S) Referred To Education

  3. 2026-02-12 Mississippi Legislative Bill Status System

    02/12 (H) Transmitted To Senate

  4. 2026-02-11 Mississippi Legislative Bill Status System

    02/11 (H) Passed

  5. 2026-01-21 Mississippi Legislative Bill Status System

    01/21 (H) Title Suff Do Pass

  6. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (H) Referred To Education

Official Summary Text

Students with disabilities; remove requirement for signing of a confidentiality pledge before mediation begins in alignment with federal law.

Current Bill Text

Read the full stored bill text 
H. B. No. 1205 *HR43/R1510* ~ OFFICIAL ~ G1/2
26/HR43/R1510
PAGE 1 (DJ\KP)

To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives McCarty, McLean

HOUSE BILL NO. 1205

AN ACT TO AMEND SECTION 37-23-141, MISSISSIPPI CODE OF 1972, 1
TO ALIGN STATE'S MEDIATION PROCESS FOR STUDENTS WITH DISABILITIES 2
UNDER IDEA WITH THE FEDERAL POLICY ON MEDIATION BY REMOVING THE 3
REQUIREMENT FOR CONFIDENTIALITY PLEDGES TO BE SIGNED BEFORE 4
MEDIATION BEGINS; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 37-23-141, Mississippi Code of 1972, is 7
amended as follows: 8
37-23-141. (1) The State Department of Education shall 9
promulgate the necessary rules and regulations to establish a 10
mediation system which, at a minimum, shall be available whenever 11
a due process hearing under IDEA is requested. The mediation 12
system shall allow parties the opportunity to resolve such 13
disputes involving any matter relating to the identification, 14
evaluation or educational placement of the child, or the provision 15
of a free appropriate public education to such child. 16
(2) The State Department of Education shall ensure that the 17
mediation process is: 18
(a) Voluntary on the part of the parties; 19
H. B. No. 1205 *HR43/R1510* ~ OFFICIAL ~
26/HR43/R1510
PAGE 2 (DJ\KP)

(b) Not used to deny or delay a parent's right to a due 20
process hearing under IDEA or to deny any other rights afforded 21
under IDEA; and 22
(c) Conducted by a qualified and impartial mediator who 23
is trained in effective mediation techniques. 24
(3) The State Department of Education may establish 25
procedures to require parents who choose not to use the mediation 26
process to meet, at a time and location convenient to the parents, 27
with a disinterested party who is under contract with a parent 28
training and information center or community parent resource 29
center in the state established under IDEA, or an appropriate 30
alternative dispute resolution entity. The purpose of the meeting 31
is to encourage the use, and explain the benefits, of the 32
mediation process to the parents. 33
(4) The State Department of Education shall maintain a list 34
of individuals who are qualified mediators and knowledgeable in 35
laws and regulations relating to the provision of special 36
education and related services. 37
(5) The state shall bear the cost of the mediation process, 38
including the costs of all meetings described in this section. 39
(6) Each session in the mediation process shall be scheduled 40
in a timely manner and shall be held in a location that is 41
convenient to the parties in dispute. 42
H. B. No. 1205 *HR43/R1510* ~ OFFICIAL ~
26/HR43/R1510
PAGE 3 (DJ\KP)
ST: Students with disabilities; remove
requirement for signing of a confidentiality
pledge before mediation begins in alignment with
federal law.
(7) An agreement reached by the parties to the dispute in 43
the mediation process shall be set forth in a written mediation 44
agreement. 45
(8) Discussions that occur during the mediation process 46
shall be confidential and may not be used as evidence in any 47
subsequent due process hearings or civil proceedings * * *. 48
SECTION 2. This act shall take effect and be in force from 49
and after July 1, 2026. 50