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

H. B. No. 1212 *HR43/R2284* ~ OFFICIAL ~ G1/2
26/HR43/R2284
PAGE 1 (DJ\KP)

To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative McCarty

HOUSE BILL NO. 1212

AN ACT TO AMEND SECTIONS 37-23-31, 37-23-33 AND 37-23-35, 1
MISSISSIPPI CODE OF 1972, TO CLARIFY FUNDING ALLOCATIONS PROVIDED 2
TO UNIVERSITY-BASED PROGRAMS UNDER THE MISSISSIPPI STUDENT FUNDING 3
FORMULA; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 37-23-31, Mississippi Code of 1972, is 6
amended as follows: 7
37-23-31. (1) (a) When five (5) or more children under 8
twenty-one (21) years of age who, because of significant 9
developmental disabilities, complex communication needs, 10
significant language or learning deficits or any combination of 11
either, are unable to have their educational needs met 12
appropriately in a regular or special education public school 13
program within their local public school districts, a 14
state-supported university or college shall be authorized and 15
empowered, in its discretion, to provide a program of education, 16
instruction and training to such children, provided that such 17
program shall operate under rules, regulations, policies and 18
standards adopted by the State Department of Education, as 19
H. B. No. 1212 *HR43/R2284* ~ OFFICIAL ~
26/HR43/R2284
PAGE 2 (DJ\KP)

provided for in Section 37-23-33. The opinion of a parent or 20
guardian in regard to the provision of an appropriate special 21
education program in or by their respective local public school 22
district shall be considered before a placement decision is 23
finalized. Parents of students enrolled in a local education 24
agency (LEA) shall have any and all rights as provided in the 25
Individuals with Disabilities Education Act, including, but not 26
limited to, the right to equal participation in their child's 27
Individualized Education Program (IEP), the right to require 28
review of their child's IEP, and the right to appeal an IEP 29
Committee decision immediately. The parent or guardian or local 30
educational agency shall have the right to audio record the 31
proceedings of individualized education program team meetings. 32
The parent or guardian or local educational agency shall notify 33
the members of the individualized education program team of his, 34
her, or its intent to audio record a meeting at least twenty-four 35
(24) hours prior to the meeting. 36
(b) Instructors, including speech-language 37
pathologists, educational audiologists and special and early 38
childhood educators are qualified and empowered to serve as the 39
lead teacher for children enrolled within the state-supported 40
university's or college's university-based program (UBP) through 41
the IDEA-Part C and IDEA-Part B eligibility and placement process 42
upon completing instructional licensure requirements * * *. 43
H. B. No. 1212 *HR43/R2284* ~ OFFICIAL ~
26/HR43/R2284
PAGE 3 (DJ\KP)

(c) Due to the significance of the needs of the 44
children served through the UBP, general education setting 45
requirements may not be applicable as the least restrictive 46
environment. Students enrolled in a UBP by a LEA shall meet all 47
state educational requirements, including participation in 48
statewide assessments. Justification for placement decisions is 49
determined in conjunction with the LEA through each child's IEP 50
for ages three (3) to twenty-one (21). The UBP shall submit to 51
the local education agency and the parents of the student in the 52
program a progress report each semester on all IEP goals and 53
objectives. The UBP and local education agency shall confer 54
annually to develop the IEP for each student enrolled in the UBP. 55
(2) Any state-supported university or college conducting a 56
full-time medical teaching program acceptable to the State Board 57
of Education may, at its discretion, enter into such contracts or 58
agreements with any private school or nonprofit 59
corporation-supported institution, the Mississippi School for the 60
Deaf, or any state-supported institution, providing the special 61
education contemplated by this section for such services, provided 62
the private school or institution offering such services shall 63
have conducted a program of such services at standards acceptable 64
to the State Department of Education for a period of at least one 65
(1) year prior to the date at which the university or college 66
proposes to enter into an agreement or contract for special 67
educational services as described above. 68
H. B. No. 1212 *HR43/R2284* ~ OFFICIAL ~
26/HR43/R2284
PAGE 4 (DJ\KP)

SECTION 2. Section 37-23-33, Mississippi Code of 1972, is 69
amended as follows: 70
37-23-33. (1) Such program of education, instruction and 71
training as is provided for in Section 37-23-31 shall be furnished 72
in such manner as shall be provided by rules and regulations 73
adopted by the State Board of Education, which for such purposes 74
shall have the full power to adopt such rules, regulations, 75
policies and standards as it may deem necessary to carry out the 76
purpose of Sections 37-23-31 through 37-23-35, including the 77
establishment of qualifications consistent with the requirements 78
of subsection (2) of this section for any teachers employed under 79
the provisions thereof. It is expressly provided, however, that 80
no program of education, instruction and training shall be 81
furnished except in a university or college supported by the State 82
of Mississippi and only in cases where such university or college 83
shall consent thereto and shall provide any classroom space, 84
furniture and facilities which may be deemed necessary in carrying 85
out the provisions of those sections. 86
(2) Speech-language pathologists, educational audiologists, 87
and special and early childhood educators are qualified and 88
authorized to serve as the lead teacher for children enrolled in a 89
university or college-based program through the IDEA-Part C and 90
IDEA-Part B eligibility and placement process. Whenever 91
communication is a primary area of concern on a child's 92
Individualized Family Service Plan (IFSP) or Individualized 93
H. B. No. 1212 *HR43/R2284* ~ OFFICIAL ~
26/HR43/R2284
PAGE 5 (DJ\KP)

Education Program (IEP), a speech-language pathologist or 94
educational audiologist may serve as the lead instructor with an 95
educator serving as a related service provider as necessary to 96
meet the educational needs of the child. Speech-language 97
pathologists and educational audiologists must undergo extensive 98
college coursework in communication-based disorders impacting 99
multiple areas of development, including cognition. The content 100
of the college coursework must include typical and atypical 101
development for ages birth through death. In addition to 102
completing the college coursework, these instructional providers 103
must meet all instructional licensure requirements as set forth by 104
the State Department of Education * * *. 105
(3) The State Department of Education through its general 106
supervision responsibilities set forth by the Office of Special 107
Education Programs at the United States Department of Education, 108
shall require that the program of education, instruction and 109
training be designed to provide individualized appropriate special 110
education and related services that enable a child to reach his or 111
her appropriate and uniquely designed goals for success. 112
(4) A university- or college-based program must submit all 113
reports and data required by the State Department of Education on 114
the same or similar time schedule and in the same or similar 115
manner that same or similar reports and data must be submitted to 116
the department by local educational agencies. 117
H. B. No. 1212 *HR43/R2284* ~ OFFICIAL ~
26/HR43/R2284
PAGE 6 (DJ\KP)

SECTION 3. Section 37-23-35, Mississippi Code of 1972, is 118
amended as follows: 119
37-23-35. (1) When any children who are residents of the 120
State of Mississippi and qualify under the provisions of Section 121
37-23-31, are provided a program of education, instruction and 122
training within a * * * university-based program (UBP), the State 123
Department of Education shall allocate * * * funds equivalent to 124
the full base student cost and all qualifying weighted adjustments 125
as prescribed in Section 37-151-205. The university or college 126
shall be eligible for state and federal funds for such programs in 127
accordance with IDEA. The university or college shall be 128
responsible for providing for the additional costs of the program. 129
(2) IDEA-Part B and preschool allocations for each LEA shall 130
be determined and calculated by the State Department of Education 131
with notification provided to the UBP of the total amount of funds 132
being distributed to the LEA. The LEA and UBP shall enter into a 133
collaborative agreement that describes the services provided and 134
the funds required for such services. 135
(3) State funds for transportation, extended school 136
year * * * and the total funding formula funds, including National 137
Board Certification/Speech-Language Pathology Supplements, shall 138
be distributed by the State Department of Education directly to 139
the state-supported university or college for students placed 140
either through the Individualized Education Program (IEP) process 141
or who are parentally placed. The university-based program (UBP) 142
H. B. No. 1212 *HR43/R2284* ~ OFFICIAL ~
26/HR43/R2284
PAGE 7 (DJ\KP)
ST: University-based program; clarify funding
allocations under the total funding formula.
shall submit this information directly to the State Department of 143
Education. 144
SECTION 4. This act shall take effect and be in force from 145
and after July 1, 2026. 146