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HB951 • 2026

Mississippi Autism Scholarship Program Act; establish.

AN ACT TO ESTABLISH THE MISSISSIPPI AUTISM SCHOLARSHIP PROGRAM FOR STUDENTS DIAGNOSED WITH AUTISM SPECTRUM DISORDER; TO DEFINE CERTAIN TERMS USED IN THIS ACT; TO PROVIDE FOR STUDENT ELIGIBILITY REQUIREMENTS FOR RECEIPT OF A SCHOLARSHIP AND RESTRICTING ELIGIBILITY THEREFOR; TO PROVIDE FOR THE TERM OF THE SCHOLARSHIP; TO STIPULATE THE OBLIGATIONS OF PARENTS OR LEGAL GUARDIANS, STUDENTS AND SCHOOLS AND SCHOOL DISTRICTS; TO PRESCRIBE THE DUTIES OF THE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION REGARDING THE ADMINISTRATION OF THE SCHOLARSHIP PROGRAM; TO PROVIDE THE DEPARTMENT OF EDUCATION WITH THE AUTHORITY TO VERIFY THE ELIGIBILITY OF NONPUBLIC SCHOOLS AND TO ESTABLISH THE PROCESS FOR NOTIFICATIONS OF VIOLATIONS; TO AUTHORIZE THE STATE BOARD OF EDUCATION TO DENY, SUSPEND OR REVOKE A SCHOOL'S PARTICIPATION IN THE SCHOLARSHIP PROGRAM AND THE PROCEDURES TAKEN WITH RESPECT THEREFOR; TO REQUIRE THAT ALL COMPULSORY�SCHOOL�AGE CHILDREN BE SCREENED FOR AUTISM SPECTRUM DISORDER DURING THE PERIOD BETWEEN THE SPRING OF KINDERGARTEN AND THE FALL OF GRADE 1 AND OTHER APPROPRIATE TIMES AS DEEMED NECESSARY IN THE PUBLIC SCHOOLS OF THIS STATE; TO ESTABLISH THE PROCEDURES TO BE FOLLOWED IN SCREENING AND EVALUATION OF STUDENTS FOR AUTISM SPECTRUM DISORDER AND RELATED DISORDERS AND PRESCRIBING WHO SHALL ADMINISTER THE SCREENING AND EVALUATION; TO REQUIRE THAT SCHOOL DIAGNOSTICIANS RECEIVE ADDITIONAL TRAINING IN THE EVALUATION AND DIAGNOSIS OF AUTISM SPECTRUM DISORDER; TO REQUIRE THE DEPARTMENT OF EDUCATION TO SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE SUMMARIZING STUDENT PERFORMANCE, STUDENT ASSESSMENTS, FUNDING AND ANY RECOMMENDED CHANGES; TO PRESCRIBE APPROPRIATE QUALIFICATIONS FOR ADMINISTRATIVE AND INSTRUCTIONAL PERSONNEL; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO SERVE AS THE LOCAL EDUCATIONAL AGENCY FOR THOSE SCHOOLS; TO REQUIRE THE STATE TO PAY DIRECTLY TO THE SCHOOL ANY FEDERAL OR STATE AID ATTRIBUTABLE TO A STUDENT WITH A DISABILITY ATTENDING THE SCHOOL; TO REQUIRE THE SCHOOL TO COMPLY WITH THE ANNUAL AUDIT AND BUDGET SUBMISSION REQUIREMENTS PRESCRIBED BY LAW IN TITLE 37, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.

Children Education Parental Rights
Did Not Pass

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

Sponsor
Byrd
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill's failure to pass means that its provisions have not been enacted into law.

Mississippi Autism Scholarship Program Act

This act establishes a scholarship program to help students with autism spectrum disorder (ASD) receive specialized education and support.

What This Bill Does

  • Creates the Mississippi Autism Scholarship Program for eligible students diagnosed with ASD.
  • Defines key terms like 'autism spectrum disorder' and 'eligible student'.
  • Sets rules for who can receive scholarships, including age limits and residency requirements.
  • Requires public schools to screen all compulsory-school-age children for ASD during specific times.
  • Establishes procedures for evaluating students for ASD and training school diagnosticians.

Who It Names or Affects

  • Students diagnosed with autism spectrum disorder (ASD) in Mississippi
  • Parents or legal guardians of eligible students
  • Public and private schools that provide specialized education for children with ASD

Terms To Know

Autism Spectrum Disorder (ASD)
A developmental disability significantly affecting verbal and nonverbal communication, social interaction, and exhibiting repetitive behaviors recognized as meeting the DSM-5 autism diagnostic criteria.
Eligible Student
A student diagnosed with ASD who meets specific age, residency, educational requirements, and is enrolled in or eligible to enroll in a Mississippi public school.

Limits and Unknowns

  • The bill did not pass in the session it was introduced.
  • Details about funding for the scholarship program are not specified.
  • It is unclear how many students would qualify under these rules.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-16 Mississippi Legislative Bill Status System

    01/16 (H) Referred To Education;Appropriations A

Official Summary Text

Mississippi Autism Scholarship Program Act; establish.

Current Bill Text

Read the full stored bill text
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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Byrd

HOUSE BILL NO. 951

AN ACT TO ESTABLISH THE MISSISSIPPI AUTISM SCHOLARSHIP 1
PROGRAM FOR STUDENTS DIAGNOSED WITH AUTISM SPECTRUM DISORDER; TO 2
DEFINE CERTAIN TERMS USED IN THIS ACT; TO PROVIDE FOR STUDENT 3
ELIGIBILITY REQUIREMENTS FOR RECEIPT OF A SCHOLARSHIP AND 4
RESTRICTING ELIGIBILITY THEREFOR; TO PROVIDE FOR THE TERM OF THE 5
SCHOLARSHIP; TO STIPULATE THE OBLIGATIONS OF PARENTS OR LEGAL 6
GUARDIANS, STUDENTS AND SCHOOLS AND SCHOOL DISTRICTS; TO PRESCRIBE 7
THE DUTIES OF THE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF 8
EDUCATION REGARDING THE ADMINISTRATION OF THE SCHOLARSHIP PROGRAM; 9
TO PROVIDE THE DEPARTMENT OF EDUCATION WITH THE AUTHORITY TO 10
VERIFY THE ELIGIBILITY OF NONPUBLIC SCHOOLS AND TO ESTABLISH THE 11
PROCESS FOR NOTIFICATIONS OF VIOLATIONS; TO AUTHORIZE THE STATE 12
BOARD OF EDUCATION TO DENY, SUSPEND OR REVOKE A SCHOOL'S 13
PARTICIPATION IN THE SCHOLARSHIP PROGRAM AND THE PROCEDURES TAKEN 14
WITH RESPECT THEREFOR; TO REQUIRE THAT ALL COMPULSORY–SCHOOL–AGE 15
CHILDREN BE SCREENED FOR AUTISM SPECTRUM DISORDER DURING THE 16
PERIOD BETWEEN THE SPRING OF KINDERGARTEN AND THE FALL OF GRADE 1 17
AND OTHER APPROPRIATE TIMES AS DEEMED NECESSARY IN THE PUBLIC 18
SCHOOLS OF THIS STATE; TO ESTABLISH THE PROCEDURES TO BE FOLLOWED 19
IN SCREENING AND EVALUATION OF STUDENTS FOR AUTISM SPECTRUM 20
DISORDER AND RELATED DISORDERS AND PRESCRIBING WHO SHALL 21
ADMINISTER THE SCREENING AND EVALUATION; TO REQUIRE THAT SCHOOL 22
DIAGNOSTICIANS RECEIVE ADDITIONAL TRAINING IN THE EVALUATION AND 23
DIAGNOSIS OF AUTISM SPECTRUM DISORDER; TO REQUIRE THE DEPARTMENT 24
OF EDUCATION TO SUBMIT AN ANNUAL REPORT TO THE LEGISLATURE 25
SUMMARIZING STUDENT PERFORMANCE, STUDENT ASSESSMENTS, FUNDING AND 26
ANY RECOMMENDED CHANGES; TO PRESCRIBE APPROPRIATE QUALIFICATIONS 27
FOR ADMINISTRATIVE AND INSTRUCTIONAL PERSONNEL; TO REQUIRE THE 28
STATE DEPARTMENT OF EDUCATION TO SERVE AS THE LOCAL EDUCATIONAL 29
AGENCY FOR THOSE SCHOOLS; TO REQUIRE THE STATE TO PAY DIRECTLY TO 30
THE SCHOOL ANY FEDERAL OR STATE AID ATTRIBUTABLE TO A STUDENT WITH 31
A DISABILITY ATTENDING THE SCHOOL; TO REQUIRE THE SCHOOL TO COMPLY 32
WITH THE ANNUAL AUDIT AND BUDGET SUBMISSION REQUIREMENTS 33
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PRESCRIBED BY LAW IN TITLE 37, MISSISSIPPI CODE OF 1972; AND FOR 34
RELATED PURPOSES. 35
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 36
SECTION 1. This act shall be known and may be cited as the 37
"Mississippi Autism Scholarship Program Act." 38
SECTION 2. The purpose of this program is to provide 39
scholarship assistance to eligible children with an autism 40
spectrum disorder diagnosis to facilitate access to appropriate 41
specialized educational environment, resources, therapies and 42
support services that enhance educational opportunities and 43
outcomes. The program recognizes the unique needs of children 44
with autism and aims to provide financial assistance for services 45
that traditional school systems may not be able to fully support. 46
SECTION 3. As used in this act the following terms shall 47
have the meaning ascribed herein, unless context of use clearly 48
requires otherwise: 49
(a) "Autism spectrum disorder (ASD)" means a 50
developmental disability significantly affecting verbal and 51
nonverbal communication, social interaction and exhibiting 52
repetitive behaviors recognized as meeting the DSM-5 autism 53
diagnostic criteria for as diagnosed by a licensed physician, 54
psychologist or other qualified professional. 55
(b) "Board" means the State Board of Education. 56
(c) "Department" means the State Department of 57
Education. 58
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(d) "DSM-5 autism diagnostic criteria" means signs and 59
characteristics of autism used by the Diagnostic and Statistical 60
Manual of Mental Disorders to aid qualified professionals in 61
diagnosing autism, which, at minimum, requires: 62
(i) Persistent deficits in social communication 63
and social interaction across multiple contexts, as manifested by 64
deficits in: 65
1. Social-emotional reciprocity; 66
2. Nonverbal communicative behaviors used for 67
social interaction; and 68
3. Developing, maintaining and understanding 69
relationships; 70
(ii) Restricted, repetitive patterns of behavior, 71
interests, or activities, as manifested by at least two (2) of the 72
following, currently or by history: 73
1. Stereotyped or repetitive motor movements, 74
use of objects or speech (e.g., simple motor stereotypes, lining 75
up toys or flipping objects, echolalia, idiosyncratic phrases); 76
2. Insistence on sameness, inflexible 77
adherence to routines, or ritualized patterns or verbal or 78
nonverbal behavior (e.g., extreme distress at small changes, 79
difficulties with transitions, rigid thinking patterns, greeting 80
rituals, need to take same route or eat every day); 81
3. Highly restricted, fixated interests that 82
are abnormal in intensity or focus (e.g., strong attachment to or 83
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preoccupation with unusual objects, excessively circumscribed or 84
perseverative interest); or 85
4. Hyper- or hyporeactivity to sensory input 86
or unusual interests in sensory aspects of the environment (e.g., 87
apparent indifference to pain/temperature, adverse response to 88
specific sounds or textures, excessive smelling or touching of 89
objects, visual fascination with lights or movement); 90
(iii) Symptoms must be present in the early 91
developmental period, but may not become fully manifest until 92
social demands exceed limited capacities or may be masked by 93
learned strategies in later life; 94
(iv) Symptoms cause clinically significant 95
impairment in social, occupational, or other important areas of 96
current functioning; and 97
(v) The disturbances are not better explained by 98
intellectual disability (intellectual developmental disorder) or 99
global developmental delay. 100
(e) "Eligible Student" means any student who: 101
(i) Has been diagnosed with an autism spectrum 102
disorder by a licensed physician, psychologist or other qualified 103
professional using DSM-5 autism diagnostic criteria; 104
(ii) Is between the ages of three (3) and 105
twenty-one (21) years; 106
(iii) Maintains an active IEP documenting ASD as a 107
primary eligibility; 108
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(iv) Has not graduated from high school or 109
exceeded the age of eligibility for elementary and secondary 110
education; 111
(v) Is a resident of Mississippi; and 112
(vi) Is enrolled in or eligible to enroll in a 113
Mississippi public school. 114
(f) "Provider" means a school, organization, or 115
individual that meets criteria established by the State Department 116
of Education to deliver educational, therapeutic or supportive 117
services to students diagnosed with autism spectrum disorders. 118
Providers may include public and private schools, therapy centers, 119
medical facilities and Board-Certified Behavior Analysts (BCBAs), 120
psychologists and speech-language pathologists. 121
(g) "Scholarship" means a scholarship to provide 122
financial assistance for the option to attend a public school 123
other than the one to which assigned, or to provide a scholarship 124
to a nonpublic school of choice, to offset tuition, fees, and/or 125
therapeutic costs associated with the education of eligible 126
students. 127
(h) "School" means any public or state accredited 128
nonpublic special purpose school that provides a specific learning 129
environment that provides comprehensive therapy instruction 130
delivered by qualified therapists licensed by the department 131
providing highly qualified education and intervention services to 132
children diagnosed with autism spectrum disorders. 133
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SECTION 4. (1) Parents or legal guardians may exercise the 134
option to remove their child from a traditional public school 135
setting to be enrolled in a public or nonpublic school which meets 136
the standards for appropriate specific instruction designed to 137
meet the unique learning needs of young autistic students. The 138
objectives of such school shall be: 139
(a) To emphasize the importance of early intervention; 140
(b) To provide intensive high-quality instruction of 141
students in all academic subject matters based on the curriculum 142
requirements of the State Department of Education; 143
(c) To prioritize individualized learning plans, 144
structured environments, visual supports, clear and concise 145
communication, consistent routines, and the use of positive 146
reinforcement strategies, which take each student's unique 147
strengths and challenges into account while addressing potential 148
sensory sensitivities and social skill development needs through 149
the use of evidence-based applied behavior analysis strategies; 150
and 151
(d) To collaborate with therapist, behavior analysts, 152
and other professionals to develop a comprehensive support plan 153
for students. 154
(2) The parent or legal guardian of a public school student 155
with autism spectrum disorder may request and receive from the 156
state a Mississippi Autism Scholarship for the child to enroll in 157
and attend a nonpublic school in accordance with this section if: 158
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(a) The student has spent the previous school year in 159
attendance at a Mississippi public school or any other state 160
approved nonpublic school in the state that emphasizes instruction 161
in autism spectrum disorder intervention; or 162
(b) The parent or legal guardian has obtained 163
acceptance for admission of the student to a nonpublic school that 164
is eligible for the program under Section 13 of this act and has 165
requested from the department a scholarship within thirty (30) 166
days before the date of the first scholarship payment. The 167
request must be through a communication directly to the department 168
in a manner that creates a written or electronic record of the 169
request and the date of receipt of the request. The Department of 170
Education must notify the district of the parent's or legal 171
guardian's intent upon receipt of the parent's or legal guardian's 172
request. 173
SECTION 5. (1) A student is not eligible for a Mississippi 174
Autism Scholarship while he or she is: 175
(a) Enrolled in a school operating for the purpose of 176
providing educational services to youth in Department of Juvenile 177
Justice commitment programs; 178
(b) Participating in a homeschool education program; 179
(c) Participating in a virtual school, correspondence 180
school, or distance learning program that receives state funding 181
under the student's participation unless the participation is 182
limited to no more than two (2) courses per school year; 183
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(d) Not having regular and direct contact with his or 184
her private school teachers at the school's physical location.185
(2) (a) For purposes of continuity of educational choice, a 186
Mississippi Autism Scholarship shall remain in force until the 187
student returns to a public school or completes Grade 12, 188
whichever occurs first. 189
(b) Upon reasonable notice to the department and the 190
school district, the student's parent or legal guardian may remove 191
the student from the nonpublic school and place the student in a 192
public school in accordance with this section. 193
SECTION 6. (1) (a) The parent or legal guardian is not 194
required to accept the offer of enrolling in another public school 195
in lieu of requesting a Mississippi Autism Scholarship to a 196
nonpublic school. However, if the parent or legal guardian 197
chooses the public school option, the student may continue 198
attending a public school chosen by the parent or legal guardian 199
until the student completes Grade 12. 200
(b) If the parent or legal guardian chooses a public 201
school within the district, the school district shall provide 202
transportation to the public school selected by the parent or 203
legal guardian. However, if the parent or legal guardian chooses 204
a public school in another district, the parent or legal guardian 205
is responsible to provide transportation to the school of choice. 206
These provisions do not prohibit a parent or legal guardian 207
of a student diagnosed with autism spectrum disorder, at any time, 208
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from choosing the option of a Mississippi Autism Scholarship which 209
would allow the student to attend another public school or 210
nonpublic special purpose school. 211
(2) If the parent or legal guardian chooses the nonpublic 212
school option and the student is accepted by the nonpublic school 213
pending the availability of a space for the student, the parent or 214
legal guardian of the student must notify the department thirty 215
(30) days before the first scholarship payment and before entering 216
the nonpublic school in order to be eligible for the scholarship 217
when a space becomes available for the student in the nonpublic 218
school. 219
(3) The parent or legal guardian of a student may choose, as 220
an alternative, to enroll the student in and transport the student 221
to a public school in an adjacent school district which has 222
available space and has a program with autism spectrum disorder 223
services that provide daily autism sessions delivered by a 224
department licensed autism spectrum disorder therapist, and that 225
school district shall accept the student and report the student 226
for purposes of the district's funding under the total funding 227
formula provided in Sections 37-151-200 through 37-151-215. 228
SECTION 7. A parent or legal guardian who applies for a 229
Mississippi Autism Scholarship is exercising his or her parental 230
option to place his or her child in a nonpublic school. Each 231
participating parent or legal guardian and student shall adhere to 232
the following: 233
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(a) The parent or legal guardian must select the 234
nonpublic school and apply for the admission of his or her child; 235
(b) The parent or legal guardian must have requested 236
the scholarship at least thirty (30) days before the date of the 237
first scholarship payment; 238
(c) Any student participating in the Mississippi Autism 239
Scholarship for Students with Autism Spectrum Disorder Program 240
must remain in attendance throughout the school year unless 241
excused by the school for illness or other good cause; and 242
(d) Each parent or legal guardian and each student has 243
an obligation to the nonpublic special purpose school to comply 244
with the nonpublic special purpose school's published policies. 245
SECTION 8. (1) The maximum scholarship granted per eligible 246
student with autism spectrum disorder shall be an amount 247
equivalent to the student base amount under the total funding 248
formula provided in Sections 37-151-200 through 37-151-215. 249
(2) (a) The nonpublic school under this program shall 250
report to the State Department of Education the number of students 251
with autism spectrum disorder who are enrolled in nonpublic 252
schools on the Mississippi Autism Scholarship as of September 30 253
of each year in order to determine funding for the subsequent 254
year. Funds may not be transferred from any funding provided to 255
the Mississippi School for the Deaf and the Blind for program 256
participants who are eligible under Section 4 of this act. 257
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(b) The State Department of Education will disburse 258
payments to nonpublic schools under this program in twelve (12) 259
substantially equal installments. The initial payment shall be 260
made after department verification of admission acceptance, and 261
subsequent payments shall be made upon verification of continued 262
enrollment and attendance at the nonpublic school. 263
(3) Each school providing instruction to children with 264
autism spectrum disorder shall certify to the State Department of 265
Education its student enrollment in the same manner as local 266
school districts. 267
(4) The department shall direct the proportionate share of 268
monies generated under federal and state categorical aid programs 269
to the participating school for serving students eligible for the 270
aid. The state shall ensure that each school is treated equitably 271
in the calculation and disbursement of all federal and state 272
categorical aid program dollars. Each school participating in the 273
scholarship program shall comply with all reporting requirements 274
to receive the aid. 275
(5) (a) Each school shall adhere to generally accepted 276
accounting principles as promulgated by nationally recognized 277
professional organizations. 278
(b) Each school shall have its financial records 279
audited annually, at the end of each fiscal year, by the State 280
Auditor and shall file a copy of each audit report and 281
accompanying management letter with the board by July 30. 282
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(6) Nothing in this chapter shall be construed to prohibit 283
any person or organization from providing funding or other 284
assistance to the establishment or operation of any school 285
authorized under this chapter, except religious or sectarian 286
organizations. The State Board of Education, acting on behalf of 287
the participating schools, is authorized to accept gifts, 288
donations, and grants of any kind made to a participating school 289
and to expend or use such gifts, donations and grants in 290
accordance with the conditions prescribed by the donor; however, 291
no gift, donation or grant may be accepted if subject to a 292
condition that is contrary to any provision of state law or board 293
rule. 294
SECTION 9. (1) (a) Each local school district shall adopt 295
a policy to ensure that students will be screened by a screener 296
approved by the State Board of Education in the spring of 297
kindergarten and the fall of Grade 1. The component of the 298
screening must include: 299
(i) Assessments of social communication skills, 300
including, joint attention, eye contact, gestures, imitation, 301
reciprocity, expressive language and respective language; 302
(ii) Assessments of behavioral patterns, 303
including, repetitive movements or actions, restricted interests, 304
sensory sensitivities and rigidity; 305
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(iii) Evaluative comparison of cognitive and 306
developmental milestones, including, problem solving skills, play 307
skills and developmental delays; 308
(iv) Emotional awareness and regulation, 309
including, understanding of emotions, emotional self-regulation 310
and empathy; 311
(v) Awareness of social contexts, including, 312
perspective-taking and appropriate social behavior; 313
(vi) Fine and gross motor skills; 314
(vii) Adaptive behaviors; 315
(viii) Awareness of social norms. 316
(b) If a student fails the screener, the parent or 317
legal guardian will be notified of the results of the screener. 318
Subsequent autism spectrum disorder evaluations may be 319
administered by licensed professionals, including: 320
(i) Pediatricians, licensed under Chapter 25, 321
Title 73, Mississippi Code of 1972; 322
(ii) Psychologists, licensed under Chapter 31, 323
Title 73, Mississippi Code of 1972; 324
(iii) Psychiatrists, licensed under Chapter 25, 325
Title 73, Mississippi Code of 1972; 326
(iv) Speech Language Pathologists, licensed under 327
Chapter 38, Title 73, Mississippi Code of 1972; 328
(v) Occupational therapist, licensed under Chapter 329
24, Title 73, Mississippi Code of 1972; 330
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(vi) Neurologists and neuropsychologist, licensed 331
under Chapter 25, Title 73, Mississippi Code of 1972; or 332
(vii) Any other healthcare providers with 333
specialized training in autism diagnosis. 334
(c) If a student fails the screener, the school 335
district, in its discretion, may perform a comprehensive autism 336
spectrum disorder evaluation, such evaluation must be administered 337
by any of the licensed professionals identified under paragraph 338
(b) of this subsection. 339
(d) If a parent or legal guardian of a student who 340
fails the autism spectrum disorder screener exercises the option 341
to have a subsequent evaluation performed, such evaluation shall 342
be administered by any of the licensed professionals identified 343
under paragraph (b) of this subsection, and the resulting 344
diagnosis of the subsequent evaluation must be accepted by the 345
school district for purposes of determining eligibility for 346
placement within a autism program within the current school or to 347
receive a Mississippi Autism Scholarship for placement in a autism 348
spectrum disorder program in another public school or nonpublic 349
school. 350
(2) The screening of all compulsory-school-age children 351
enrolled in each local public school district for autism spectrum 352
disorder required by subsection (1)(a) of this section shall in no 353
manner nullify or defeat the requirements of the pilot programs 354
adopted by the State Department of Education to test certain 355
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students enrolled or enrolling in public schools for autism 356
spectrum disorder under Section 37-23-15. 357
SECTION 10. (1) Each local school district shall make an 358
initial determination of whether a student diagnosed with autism 359
spectrum disorder meets the eligibility criteria under the 360
Individuals with Disabilities Education Act (IDEA) to have an 361
Individualized Education Program developed and to receive 362
services. If a student's diagnosis of autism spectrum disorder 363
does not result in an IDEA eligibility determination then the 364
district must proceed with their process for determining if the 365
student is eligible for a 504 Plan under the Rehabilitation Act to 366
ensure the student achieves appropriate educational progress. 367
Each local school district shall develop interventions and 368
strategies to address the needs of those students diagnosed with 369
autism spectrum disorder which provide the necessary 370
accommodations to enable the student to achieve appropriate 371
educational progress. The interventions and strategies developed 372
shall include, but not be limited to, the use of the 3-Tier 373
Instructional Model and the utilization of provisions of the IDEA 374
and 504 Plan to address those needs. 375
(2) The State Department of Education shall require public 376
school districts to conduct four (4) hours of in-service training 377
in autism spectrum disorder and related disorder awareness 378
education every three (3) years for all licensed educators and 379
paraprofessionals responsible for instruction. The standards for 380
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evidenced-based practices established by the Council for 381
Exceptional Children's Division on Autism and Developmental 382
Disabilities and the guidelines on the developmental approaches to 383
autism intervention provided by the Interdisciplinary Council on 384
Development and Learning shall be the minimum content used for the 385
autism spectrum disorder training. Additional content of the 386
trainings shall also include the indicators and characteristics, 387
screening processes, evidence-based interventions and 388
accommodations for students with autism spectrum disorder and 389
other related disorders. The training, which may be provided 390
through live in-person instruction, online course instruction or 391
through a prerecorded video presentation, shall be delivered by an 392
individual who holds a standard educator license issued by the 393
State Department of Education with an 221, 222 or 223 special 394
education endorsement. 395
SECTION 11. Program Requirements for Schools. 396
(1) To be eligible to participate in the Mississippi Autism 397
Scholarship for Students with Autism Spectrum Disorder Program, a 398
nonpublic school must: 399
(a) Be a state accredited special purpose school; 400
(b) Provide to the department all documentation 401
required for a student's participation, including the nonpublic 402
school's and student's fee schedules, at least thirty (30) days 403
before the first quarterly scholarship payment is made for the 404
student. 405
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(c) Be academically accountable to the parent or legal 406
guardian for meeting the educational needs of the student by, at a 407
minimum, annually providing to the parent or legal guardian a 408
written explanation of the student's progress. 409
(d) Maintain in this state a physical location where a 410
scholarship student regularly attends classes. 411
(2) The inability of a nonpublic school to meet the 412
requirements of this subsection shall constitute a basis for the 413
ineligibility of the nonpublic school to participate in the 414
scholarship program as determined by the department. 415
Participating schools must: 416
(a) Be accredited by the state or a regional or 417
national accrediting association; 418
(b) Provide instruction addressing social, behavioral, 419
and academic needs of autistic students using evidence-based 420
interventions; 421
(c) Employ staff meeting applicable licensure and 422
certification requirements; 423
(d) Conduct criminal background checks on all personnel 424
in accordance with Section 37-9-17(2) and (3); and 425
(e) Submit annual reports documenting student progress 426
and compliance. 427
SECTION 12. (1) The State Board of Education in conjunction 428
with each nonpublic school and local school board operating under 429
the provisions of this chapter, may: 430
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(a) Extend the school day or length of the scholastic 431
year; 432
(b) Develop and establish a curriculum that is 433
consistent with the Mississippi Curriculum Framework in the 434
subject areas of mathematics, social studies, science, music, art 435
and physical education; and 436
(c) Select, purchase and use textbooks, literature and 437
other instructional materials that would improve educational 438
attainment by students in the school, subject to the approval of 439
the board. 440
(2) The qualified personnel to facilitate the educational 441
process of learning and instruction for children with autism 442
spectrum disorder who attend the schools shall consist of the 443
following: 444
(a) An administrator or director with additional 445
training in the characteristics of autism spectrum disorder; 446
(b) A autism spectrum disorder therapist licensed by 447
the department in autism; 448
(c) Autism spectrum disorder therapists in training 449
participating in a department approved special education graduate 450
internship program; and 451
(d) Licensed special education teachers under the 452
supervision of a state department licensed autism spectrum 453
disorder therapist. 454
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SECTION 13. (1) The department shall publicize information 455
regarding the Mississippi Autism Scholarship Program on the 456
department's official website. 457
(2) Annually, by December 15, report to the Governor, the 458
Lieutenant Governor, and the Speaker of the House of 459
Representatives the State Department of Education's actions with 460
respect to implementing accountability in the scholarship program 461
under this section, any substantiated allegations or violations of 462
law or rule by an eligible nonpublic school under this program 463
concerning the enrollment and attendance of students, the 464
credentials of teachers, background screening of teachers, and 465
teachers' fingerprinting results and the corrective action taken 466
by the Department of Education. 467
(3) The State Department of Education shall monitor 468
compliance among participating schools and prepare an annual 469
report summarizing program outcomes. 470
SECTION 14. Teachers and other school personnel shall be 471
subject to criminal history record checks and fingerprinting 472
requirements applicable to other public schools under Section 473
37-9-17(2) and (3). 474
SECTION 15. The state assumes no liability for decisions 475
made by parents or schools regarding the use of a Mississippi 476
Autism Scholarship. 477
SECTION 16. The inclusion of eligible nonpublic schools 478
within options available to Mississippi public school students 479
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ST: Mississippi Autism Scholarship Program Act;
establish.
does not expand the regulatory authority of the state, its 480
officers, or any school district to impose any additional 481
regulation of nonpublic schools beyond those reasonably necessary 482
to enforce requirements expressly set forth in this chapter. 483
SECTION 17. This act shall take effect and be in force from 484
and after July 1, 2026. 485