ESA; authorize use of a diagnosis of dyslexia as a qualifier to determine eligibility for receipt of.

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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Byrd

HOUSE BILL NO. 952

AN ACT TO BRING FORWARD SECTIONS 37-181-1, 37-181-7, 1
37-181-9, 37-181-11, 37-181-13, 37-181-15, 37-181-17, 37-181-19, 2
AND 37-181-21, MISSISSIPPI CODE OF 1972, WHICH COMPRISE "THE EQUAL 3
OPPORTUNITY FOR STUDENTS WITH SPECIAL NEEDS ACT," FOR PURPOSES OF 4
POSSIBLE AMENDMENT; TO AMEND SECTIONS 37-181-3 AND 37-181-5, 5
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A DIAGNOSIS OF DYSLEXIA 6
SHALL BE A CRITERIA USED TO QUALIFY A STUDENT FOR ELIGIBILITY TO 7
PARTICIPATE IN THE PROGRAM; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 37-181-1, Mississippi Code of 1972, is 10
brought forward as follows: 11
37-181-1. This chapter shall be known and may be cited as 12
"The Equal Opportunity for Students with Special Needs Act." 13
SECTION 2. Section 37-181-3, Mississippi Code of 1972, is 14
amended as follows: 15
37-181-3. The terms used in this chapter shall have the 16
meanings ascribed herein, unless the context clearly indicates 17
otherwise: 18
(a) "ESA program" means the Education Scholarship 19
Account (ESA) program created in this chapter. 20
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(b) "Eligible student" means any student who has had an 21
active Individualized Education Program (IEP) within the past 22
three (3) years and has maintained eligibility or any student who 23
has received a diagnosis of dyslexia as determined by eligibility 24
for participation in the Mississippi Dyslexia Therapy Scholarship 25
for Students with Dyslexia Program as prescribed in Section 26
37-173-1, et seq. 27
(c) "Participating student" means any student who meets 28
the qualifications of an eligible student as defined in paragraph 29
(b) of this section and is participating in an ESA program at an 30
eligible school. 31
(d) "Parent" means a resident of this state who is a 32
parent, legal guardian, custodian or other person with the 33
authority to act on behalf of the eligible student. 34
(e) "Department" means the State Department of 35
Education. 36
(f) "Home school district" means the public school 37
district in which the student resides. 38
(g) "Eligible school" means a state-accredited special 39
purpose school, a state-accredited nonpublic school, or a 40
nonpublic school located in the state that has enrolled a 41
participating student and is providing services for the 42
participating student's disability or special education needs, or 43
is providing services addressing a participating student's IEP. 44
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An eligible school does not include a home instruction program 45
under Section 37-13-91, Mississippi Code of 1972. 46
(h) "Tutor" means a person who is certified or licensed 47
by a state, regional, or national certification, licensing, or 48
accreditation organization or who has earned a valid teacher's 49
license or who has experience teaching at an eligible 50
postsecondary institution. 51
(i) "Postsecondary institution" means a community 52
college, college, or university accredited by a state, regional or 53
national accrediting organization. 54
(j) "Educational service provider" means an eligible 55
school, tutor, or other person or organization that provides 56
education-related services and products to participating students. 57
(k) "Awarded ESA school year" means the duration of the 58
school year in which ESA program funds are deposited in a 59
student's ESA. 60
(l) Nothing in this section shall negate federal law 61
requiring public school districts to identify and provide services 62
to students with disabilities who live within the public school 63
district, including those enrolled in nonpublic schools or home 64
instruction programs. 65
(m) An eligible school shall provide notice to a 66
participating student's home school district when the eligible 67
student enrolls in the eligible school with an ESA. Furthermore, 68
a public school district providing special education services to a 69
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participating student enrolled in an eligible school shall be 70
reimbursed by the eligible school, or parent or guardian who 71
submitted the ESA application, fair market value for any special 72
education services rendered to the eligible student in an amount 73
not to exceed the amount of ESA funds reimbursed to the eligible 74
student during the awarded ESA school year. 75
SECTION 3. Section 37-181-5, Mississippi Code of 1972, is 76
amended as follows: 77
37-181-5. (1) An eligible student shall qualify to 78
participate in the ESA program if the parent or guardian signs an 79
agreement promising: 80
(a) To provide an organized, appropriate educational 81
program with measurable annual goals to their participating 82
student and to provide an education for the participating student 83
in at least the subjects of reading, grammar, mathematics, social 84
studies and science; 85
(b) To document their participating student's 86
disability at intervals and in a manner required under subsection 87
(8) of this section; 88
(c) Not to enroll their participating student in a 89
public school and to acknowledge as part of the agreement that the 90
eligible school has provided clear notice to the parent or 91
guardian that the participating student has no individual 92
entitlement to a free appropriate public education (FAPE) from 93
their home school district, including special education and 94
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related services, for as long as the student is participating in 95
the ESA program; 96
(d) Not to file for their participating student a 97
certificate of enrollment indicating participation in a home 98
instruction program under Section 37-13-91, Mississippi Code of 99
1972 * * *. 100
* * * 101
(2) Parents or guardians shall use the funds deposited in a 102
participating student's ESA for any of the following qualifying 103
expenses, which shall be incurred within the awarded ESA school 104
year, to educate the student using any of the below methods or 105
combination of methods that meet the requirement in subsection 106
(1)(a) of this section: 107
(a) Tuition and/or academic fees at an eligible school; 108
(b) Textbooks related to academic coursework; 109
(c) Payment to a tutor, as defined in Section 110
37-181-3(h); 111
(d) Payment for purchase of curriculum, including any 112
supplemental materials required by the curriculum; 113
(e) Fees for nationally standardized norm-referenced 114
achievement tests, including alternate assessments; and fees for 115
Advanced Placement examinations or similar courses and any 116
examinations related to college or university admission; 117
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(f) Educational services or therapies from a licensed 118
or certified practitioner or provider, including licensed or 119
certified paraprofessionals or educational aides; 120
(g) Tuition and fees related to dual enrollment at a 121
postsecondary institution; 122
(h) Textbooks related to academic coursework at a 123
postsecondary institution; 124
(i) Surety bond payments if required by the department; 125
(j) No more than Fifty Dollars ($50.00) in annual 126
consumable school supplies necessary for educational services and 127
therapies, daily classroom activities, and tutoring; 128
(k) Computer hardware and software and other 129
technological devices if an eligible school, licensed or certified 130
tutor, licensed or certified educational service practitioner or 131
provider, or licensed medical professional verifies in writing 132
that these items are essential for the student to meet annual, 133
measurable educational and academic goals or goals within the 134
scope of the eligible student's IEP. Once a student is no longer 135
participating in the ESA program, computer hardware and software 136
and other technological devices purchased with ESA funds shall be 137
donated to a public school or public library. Qualifying expenses 138
for computer hardware and software include only those expenses 139
incurred within the awarded ESA school year. 140
(3) To qualify to participate in the program, the parent or 141
guardian of an eligible student shall also certify to the 142
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department that they have been accepted into an eligible school 143
qualified to provide services for the participating student's 144
disability or special education needs, or provide services 145
addressing a participating student's IEP, as required under this 146
chapter. 147
(4) Neither a participating student, nor anyone on the 148
student's behalf, may receive cash or cash-equivalent items, such 149
as gift cards or store credit, from any refunds or rebates from 150
any provider of services or products in the ESA program. Any 151
refunds or rebates shall be credited directly to the participating 152
student's ESA. The funds in an ESA may only be used for 153
education-related purposes as defined in this chapter. 154
(5) (a) Eligible schools, postsecondary institutions and 155
educational service providers that serve participating students 156
shall provide the parent or guardian who submitted the ESA program 157
application with an original itemized receipt, including the 158
service provider's name and address, for all qualifying expenses. 159
The parent or guardian who submitted the ESA application shall 160
provide the original itemized receipt to the department. 161
(b) In lieu of providing the parent or guardian who 162
submitted the ESA program application with an original itemized 163
receipt, the eligible schools, postsecondary institutions and 164
educational service providers may provide to the department an 165
original itemized receipt approved and signed off on by the parent 166
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or guardian who submitted the ESA application, including the 167
service provider's name and address, for all qualifying expenses. 168
(6) Payment for educational services through an ESA shall 169
not preclude parents or guardians from paying for educational 170
services using non-ESA funds. 171
(7) For purposes of continuity of educational attainment, 172
students who enroll in the ESA program shall remain eligible to 173
receive quarterly ESA payments until the participating student 174
returns to a public school, completes high school, completes the 175
school year in which the student reaches the age of twenty-one 176
(21), or does not have eligibility verified by a parent or 177
guardian as required under subsection (8) of this section, 178
whichever occurs first. 179
(8) Any funds remaining in a student's Education Scholarship 180
Account upon completion of high school shall be returned to the 181
state's General Fund. 182
(9) Every three (3) years after initial enrollment in the 183
ESA program, a parent or guardian of a participating student, 184
except a student diagnosed as being a person with a permanent 185
disability, shall document that the student continues to be 186
identified by the school district, a federal or state government 187
agency, or a licensed physician or psychometrist as a child with a 188
disability, as defined by the federal Individuals with 189
Disabilities Education Act (20 USCS Section 1401(3)). 190
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(10) An eligible student shall be allowed to return to his 191
home school district at any time after enrolling in the ESA 192
program, in compliance with regulations adopted by the department 193
providing for the least disruptive process for doing so. Upon the 194
participating student's return to his or her home school district, 195
the student's Education Scholarship Account shall be closed and 196
any remaining funds shall be distributed to the student's home 197
school district at the end of the awarded ESA school year. 198
SECTION 4. Section 37-181-7, Mississippi Code of 1972, is 199
brought forward as follows: 200
37-181-7. (1) New enrollment in the ESA program created in 201
this chapter shall be limited to five hundred (500) additional 202
students each year. Subject to appropriation from the General 203
Fund, each student's ESA shall be funded at Six Thousand Five 204
Hundred Dollars ($6,500.00) for school year 2015-2016. For each 205
subsequent year, this amount shall increase or decrease by the 206
same proportion as the student base amount under Section 207
37-151-203 is increased or decreased. 208
(2) Subject to appropriation, eligible students shall be 209
approved for participation in the ESA program as follows: 210
(a) Students shall be approved on a first-come, 211
first-served basis, with applications being reviewed on a rolling 212
basis; 213
(b) After participation reaches fifty percent (50%) of 214
the annual enrollment limits in subsection (1) of this section, 215
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the department shall set annual application deadlines for the 216
remaining number of available ESAs and begin to maintain a waiting 217
list of eligible students. The waitlist shall only include 218
eligible students who have certified to the department that they 219
have been accepted into an eligible school qualified to provide 220
services for the participating student's disability or special 221
education needs, or provide services addressing a participating 222
student's IEP. The waitlist will be maintained in the 223
chronological order in which applications are received. The 224
department shall award ESA program applications in chronological 225
order according to the waitlist; and 226
(c) Participating students who remain eligible for the 227
ESA program are automatically approved for participation for the 228
following year and are not subject to the random selection 229
process. 230
(3) No funds for an ESA may be expended from the total 231
funding formula funds provided in this chapter, nor shall any 232
school district be required to provide funding for an ESA. 233
SECTION 5. Section 37-181-9, Mississippi Code of 1972, is 234
brought forward as follows: 235
37-181-9. (1) The department shall create a standard form 236
that parents or guardians of students submit to establish their 237
student's eligibility for an Education Scholarship Account. The 238
department shall ensure that the application is readily available 239
to interested families through various sources, including the 240
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department's website and the copy of procedural safeguards 241
annually given to parents or guardians. To be considered, an 242
application must include certification that the student has been 243
accepted into an eligible school qualified to provide services for 244
the student's disability or special education needs, or provide 245
services addressing a participating student's IEP. 246
(2) The department shall provide parents or guardians of 247
participating students with a written explanation of the allowable 248
uses of Education Scholarship Accounts, the responsibilities of 249
parents and the duties of the department. This information shall 250
also be made available on the department's website. 251
(3) The department shall annually notify all students with 252
an IEP of the existence of the ESA program and shall ensure that 253
lower-income families are made aware of their potential 254
eligibility. 255
(4) The department may deduct an amount up to a limit of six 256
percent (6%) from appropriations used to fund Education 257
Scholarship Accounts to cover the costs of overseeing the funds 258
and administering the ESA program. 259
(5) (a) The department shall make a determination of 260
eligibility, and shall approve the application, within twenty-one 261
(21) business days of receiving an application for participation 262
in the ESA program, subject to the provisions of Section 263
37-181-3(b). 264
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(b) The department shall provide for a procedure that 265
children with a ruling of hearing impairment or children suspected 266
of a hearing loss shall receive a comprehensive educational 267
assessment which may include the areas of cognitive development, 268
language/speech, audiological and academic achievement from the 269
state-funded Mississippi Assistance Center for Hearing Loss. 270
Children with a ruling of visual impairment or children suspected 271
of a visual impairment shall receive a comprehensive low vision 272
evaluation from the state-funded Low Vision Clinic. 273
(6) The home school district shall provide the parent or 274
guardian of a participating student with a complete copy of the 275
student's school records, while complying with the Family 276
Educational Rights and Privacy Act of 1974 (20 USCS Section 277
1232(g)). The record shall be provided no later than thirty (30) 278
days after a parent signs an agreement to participate in the ESA 279
program. 280
SECTION 6. Section 37-181-11, Mississippi Code of 1972, is 281
brought forward as follows: 282
37-181-11. (1) To ensure that funds are spent 283
appropriately, the State Department of Education shall adopt rules 284
and policies necessary for the administration of the ESA program, 285
including the auditing of Education Scholarship Accounts, and 286
shall conduct or contract for random audits throughout the year. 287
(2) (a) The department shall develop a system for payment 288
of benefits, including, but not limited to, allowing educational 289
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service providers to invoice the department for qualified expenses 290
consistent with Section 37-181-5(2), or allowing the parent or 291
guardian who submitted the ESA program application to seek 292
reimbursement for qualified expenses consistent with Section 293
37-181-5(2). 294
(b) The department may make payments to educational 295
service providers or reimbursement to the parent or guardian who 296
submitted the ESA program application via check or warrant or 297
electronic funds transfer or any other means of payment deemed to 298
be commercially viable or cost-effective. 299
(c) The department may also establish by rule that some 300
payments to educational service providers will be made on a 301
quarterly basis, rather than an annual basis, if the educational 302
services will be rendered over an extended period of time. 303
(3) The department shall adopt a process for removing 304
educational service providers that defraud parents and for 305
referring cases of fraud to law enforcement. 306
(4) The department shall establish or contract for the 307
establishment of an online anonymous fraud reporting service. 308
(5) The department shall establish or contract for the 309
establishment of an anonymous telephone hotline for fraud 310
reporting. 311
SECTION 7. Section 37-181-13, Mississippi Code of 1972, is 312
brought forward as follows: 313
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37-181-13. (1) The Joint Legislative Committee on 314
Performance Evaluation and Expenditure Review (PEER) shall prepare 315
a biannual report, beginning in 2018 and every two (2) years 316
thereafter, assessing efficacy of Education Scholarship Accounts, 317
to include the sufficiency of funding, and recommending any 318
suggested changes in state law or policy necessary to improve the 319
ESA program. 320
(2) The report shall assess: 321
(a) The degree to which eligible schools are meeting 322
the needs of participating students as defined by the 323
participating students' IEPs; 324
(b) The level of participating students' satisfaction 325
with the ESA program; 326
(c) The level of parental or guardian satisfaction with 327
the ESA program; 328
(d) Participating students' performance, both 329
pre-assessment and post-assessment, on the eligible school's 330
current assessment used to demonstrate academic progress, a 331
nationally standardized norm-referenced achievement test, or a 332
current state board-approved screener, as required in Section 333
37-181-15(f); 334
(e) Participating students' performance on Advanced 335
Placement examinations or similar courses and any examinations 336
related to college or university admission; provided that eligible 337
schools must report participating students' performance on Advance 338
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Placement examinations and any examinations related to college or 339
university admission; 340
(f) The four-year high school graduation rates and 341
college acceptance rates of participating students; provided that 342
eligible schools must report participating students' high school 343
graduation rates and, if known, college acceptance rates; 344
(g) The percentage of funds used for each qualifying 345
expense identified in Section 37-181-5(2); and 346
(h) The fiscal impact to the state and home school 347
districts of the ESA program, which must consider both the impact 348
on revenue and the impact on expenses. Furthermore, the fiscal 349
savings associated with students departing public schools must be 350
explicitly quantified, even if the public school losing the 351
student(s) does not reduce its spending accordingly. 352
(3) The report shall: 353
(a) Apply appropriate analytical and behavioral science 354
methodologies to ensure public confidence in the study; and 355
(b) Protect the identity of participating students and 356
schools by, among other things, keeping anonymous all 357
disaggregated data. 358
(4) PEER shall provide the Legislature with a final copy of 359
the report of the ESA program before December 31 each year the 360
report is due. At the same time, the study shall also be placed 361
in a prominent location on the PEER website. 362
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(5) PEER must make its data and methodology available for 363
public review while complying with the requirements of the Family 364
Educational Rights and Privacy Act (20 USCS Section 1232(g)). 365
SECTION 8. Section 37-181-15, Mississippi Code of 1972, is 366
brought forward as follows: 367
37-181-15. (1) To ensure that students are treated fairly 368
and kept safe, all eligible schools shall: 369
(a) Comply with the nondiscrimination policies set 370
forth in 42 USCS 1981; 371
(b) Prior to a participating student's application for 372
enrollment, provide parents or guardians with details of the 373
school's programs, record of student achievement, qualifications, 374
experience, capacities to serve students with special needs, and 375
capacity to serve the participating student within the scope of 376
their IEP; 377
(c) Comply with all health and safety laws or codes 378
that apply to nonpublic schools; 379
(d) Hold a valid occupancy permit if required by their 380
municipality; 381
(e) Have no public record of fraud or malfeasance; 382
(f) Require participating students to take a 383
pre-assessment at the beginning of the school year and a 384
post-assessment at the end of the school year. The eligible 385
school shall have the option to select their current assessment 386
used to demonstrate academic progress, a nationally standardized 387
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norm-referenced achievement test, or a current state 388
board-approved screener; 389
(g) Notify a parent or guardian applying for the ESA 390
program that the parent or guardian waives the right of the 391
participating student to an individual entitlement to a free and 392
appropriate public education (FAPE) from their home school 393
district, including special education and related services, for as 394
long as the student is participating in the ESA program; 395
(h) Conduct criminal background checks on employees 396
and: 397
(i) Exclude from employment any person not 398
permitted by state law to work in a nonpublic school; and 399
(ii) Exclude from employment any person who might 400
reasonably pose a threat to the safety of students; and 401
(i) An eligible school shall certify to the department 402
upon enrollment of a participating student that the eligible 403
school shall provide services for the participating student's 404
disability or special education needs, or shall provide services 405
addressing a participating student's IEP. Such certification must 406
be received by the department before the ESA is reimbursed to an 407
eligible student. 408
(2) Failure to comply with these requirements shall deem the 409
eligible school ineligible to participate in the ESA program the 410
following year. 411
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SECTION 9. Section 37-181-17, Mississippi Code of 1972, is 412
brought forward as follows: 413
37-181-17. (1) An eligible nonpublic school is autonomous 414
and not an agent of the state or federal government and therefore: 415
(a) The State Department of Education or any other 416
government agency shall not regulate the educational program of a 417
nonpublic school, postsecondary institution or educational service 418
provider that accepts funds from the parent or guardian of a 419
participating student beyond the requirements of the ESA program 420
as promulgated in this chapter; 421
(b) The creation of the Education Scholarship Account 422
program does not expand the regulatory authority of the state, its 423
officers, or any school district to impose any additional 424
regulation of nonpublic schools, postsecondary institutions or 425
educational service providers beyond those necessary to enforce 426
the requirements of the ESA program; and 427
(c) Eligible schools, postsecondary institutions and 428
educational service providers shall be given the maximum freedom 429
to provide for the educational needs of their students without 430
governmental control. No eligible school, postsecondary 431
institution or educational service provider shall be required to 432
alter its creed, practices, admission policies or curriculum in 433
order to accept participating students. 434
(2) Eligible schools, or the parent or guardian who 435
submitted the ESA application, must submit student performance 436
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ST: ESA; authorize use of a diagnosis of
dyslexia as a qualifier to determine eligibility
for receipt of.
data to the State Department of Education at the end of the school 437
year, including the individual results of the pre-assessment and 438
post-assessment required in Section 37-181-15(f). The department 439
shall develop a uniformed reporting format for eligible schools to 440
use when submitting assessment results. 441
(3) In any legal proceeding challenging the application of 442
this chapter to an eligible school, postsecondary institution or 443
educational service provider the state bears the burden of 444
establishing that the law is necessary and does not impose any 445
undue burden on the eligible school, postsecondary institution or 446
educational service provider. 447
SECTION 10. Section 37-181-19, Mississippi Code of 1972, is 448
brought forward as follows: 449
37-181-19. The State Department of Education may receive and 450
expend contributions from any public or private source to fund 451
ESAs for participating students. 452
SECTION 11. Section 37-181-21, Mississippi Code of 1972, is 453
brought forward as follows: 454
37-181-21. If any provision of this law or its application 455
is held invalid, the invalidity does not affect other provisions 456
or applications of this law which can be given effect without the 457
invalid provision or application and to this end the provisions of 458
this law are severable. 459
SECTION 12. This act shall take effect and be in force from 460
and after July 1, 2026. 461