Students with disabilities; require public school districts to implement comprehensive safe-school plans and training.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackmon

SENATE BILL NO. 2066

AN ACT TO AMEND SECTION 37-23-135, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE PUBLIC SCHOOL DISTRICTS TO DEVELOP AND IMPLEMENT 2
COMPREHENSIVE SAFE-SCHOOL PLANS THAT ARE INCLUSIVE OF AND 3
ACCESSIBLE TO STUDENTS WITH SPECIAL NEEDS; TO REQUIRE SCHOOL 4
DISTRICTS TO PROVIDE PROACTIVE PLANNING, TRAINING AND RESOURCES TO 5
ADDRESS UNIQUE STUDENT NEEDS, PREVENT UNEQUAL SAFETY MEASURES AND 6
VIOLATIONS OF FEDERAL LAW AND REGULATIONS; AND FOR RELATED 7
PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 37-23-135, Mississippi Code of 1972, is 10
amended as follows: 11
37-23-135. (1) For the purposes of this section, each local 12
educational agency is eligible for assistance under IDEA Part B 13
for a fiscal year if, in providing for the education of children 14
with disabilities within its jurisdiction, policies, procedures 15
and programs are in effect that are consistent with the 16
regulations established by the State Department of Education. 17
(2) The local educational agency shall have in effect 18
policies * * *, procedures, and programs that are consistent with 19
the State Department of Education's policies and procedures to 20
ensure: 21
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(a) A free appropriate public education is available to 22
all children with disabilities residing in the state between the 23
ages of three (3) and twenty (20), inclusive. Educational 24
services for children with disabilities who have been suspended or 25
expelled from school shall be provided based on the requirements 26
of IDEA, applicable federal regulations and state regulations; 27
(b) The full educational opportunity goal established 28
by the state is implemented; 29
(c) All children with disabilities, who are in need of 30
special education and related services, including children with 31
disabilities attending private school, regardless of the severity 32
of their disabilities, are identified, located and evaluated; 33
(d) An individualized education program is developed, 34
reviewed and revised for each child with a disability; 35
(e) Children with disabilities are provided services 36
within their least restrictive environment; 37
(f) Children with disabilities and their parents are 38
afforded the procedural safeguards required under IDEA; 39
(g) Children with disabilities are evaluated as 40
required under IDEA; 41
(h) The State Department of Education and local 42
education agencies will assure the protection of the 43
confidentiality of any personally identifiable data, information 44
and records collected or maintained as required under IDEA and the 45
Family Rights and Privacy Act * * *; 46
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(i) Children with disabilities participating in early 47
intervention programs assisted under IDEA Part C who will 48
participate in preschool programs assisted under IDEA Part B shall 49
experience a smooth transition. An individualized educational 50
program shall be developed and implemented by the child's third 51
birthday; 52
(j) Children with disabilities enrolled in private 53
schools by their parents shall be provided special education and 54
related services to the extent required under IDEA; 55
(k) Children with disabilities who are placed in 56
private schools or facilities by the local educational agency 57
shall be provided special education and related services, in 58
accordance with an individualized education program, at no cost to 59
their parents; 60
(l) A comprehensive system of personnel development has 61
been developed to ensure appropriately qualified personnel are 62
available and personnel are trained in accordance with the 63
requirements of the State Department of Education and IDEA; 64
(m) Personnel providing educational services to 65
children with disabilities meet the personnel standards of the 66
State Department of Education; 67
(n) The performance goals and indicators shall be 68
implemented as established by the State Board of Education; and 69
(o) Children with disabilities are included in 70
statewide and district-wide assessment programs, with appropriate 71
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accommodations, in accordance with regulations established by the 72
State Board of Education. 73
(3) The local educational agency shall make available to 74
parents of children with disabilities and to the general public 75
all documents relating to the agency's eligibility under IDEA. 76
(4) If the State Department of Education determines that a 77
local educational agency is not eligible to receive federal funds 78
due to compliance violations not being resolved within a specified 79
timeline, the local educational agency shall be notified of that 80
determination and shall be provided with reasonable notice and an 81
opportunity for a hearing. The local educational agency in 82
receipt of such notice shall, by means of public notice, take such 83
measures as may be necessary to bring the pendency of an action to 84
withhold funds to the attention of the public within the 85
jurisdiction of such agency. 86
(5) The State Department of Education, after reasonable 87
notice and an opportunity for a hearing, shall reduce or shall not 88
provide any further payments to the local educational agency until 89
the department is satisfied that the violations have been 90
corrected. 91
(6) Public school districts, acting through the local school 92
board, shall create inclusive emergency plans to ensure that 93
students with disabilities are safe and have equal access during 94
crises. School districts shall provide that individual emergency 95
plans (IEPs/504s) for each student with a disability to detail 96
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accommodations for mobility, communication, medical needs and 97
sensory challenges. 98
(a) Section 504 of the Rehabilitation Act prohibits 99
discrimination based on disability in any program or activity 100
receiving federal financial assistance, including schools. This 101
law mandates that schools provide reasonable accommodations to 102
students with disabilities to ensure equal access to education, 103
including safety procedures and emergency drills. In addition to 104
the requirements under federal law, Mississippi schools shall 105
emphasize the need to include planning for students with special 106
needs or disabilities in the safe-school plan that: 107
(i) Takes proactive measures to reduce the 108
likelihood and severity of potential emergencies, referred to as 109
emergency mitigation. This might include actions like 110
strengthening school buildings to withstand natural disasters or 111
implementing security measures to prevent unauthorized access. 112
(ii) Prepares for a wide range of emergencies. 113
This includes developing and maintaining a detailed plan, 114
conducting regular safety drills, and training staff and students 115
on established crisis responses. Schools must also collaborate 116
with local emergency response agencies and participate in joint 117
exercises to test and improve their preparedness strategies. 118
(iii) Outlines clear roles and responsibilities 119
for staff and students, communication protocols, and procedures 120
for coordinating with first responders. Emergency drills help to 121
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familiarize students and staff with the appropriate actions to 122
take in different scenarios, minimizing confusion and promoting a 123
swift, coordinated response. 124
(iv) Addresses the actions taken to support the 125
school community in the aftermath of an emergency and to restore 126
normal school activities. This may include providing counseling 127
and support services to students and staff, assessing and 128
repairing damage to facilities, and communicating with parents and 129
the community about the situation and recovery efforts. 130
(b) When developing their comprehensive safe-school 131
plans, school districts must consider the guidance and resources 132
provided by the state and regional school safety centers. 133
(c) Schools shall conduct at least one (1) 134
safety-related drill per month, including summer months when 135
school is in session with students. These drills must teach 136
students three (3) basic functional responses, including: 137
(i) Shelter-in-place: Used to protect students 138
and staff from hazardous materials, like chemicals or radiation, 139
by keeping them inside and away from the exposed outside 140
environment. 141
(ii) Lockdown: Used to protect students and staff 142
from threats of violence, such as intruders. 143
(iii) Evacuation: Used to move students and staff 144
away from dangers, like fires, oil spills, or tsunamis. 145
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These drills must be tailored to the specific threats and 146
hazards most likely to impact the school. For example, schools in 147
mapped lahar or tsunami hazard zones must conduct a pedestrian 148
evacuation drill. Additionally, all schools must conduct an 149
earthquake drill using the state-approved "drop, cover, and hold" 150
technique. 151
(d) The IEP or 504 plan school district teams may 152
gather data about the student's individual needs, consider the 153
nature of the disabilities, and the potential implications for 154
safety planning. 155
(e) Emergency action plans should build upon the 156
accommodations, modifications, and services already outlined in a 157
student's IEP or 504 plan. For example, if a student requires 158
mobility support to access their seating accommodation in the 159
classroom, this should be factored into the school's 160
shelter-in-place procedures. As should a student's needs for 161
sensory support, such as a fidget, comfort items, or 162
sensory-suppressing device (i.e. headphones, weighted materials). 163
Whether it's running through drills or happening real-world, 164
familiar and personal comfort items can aid our students in 165
self-regulating as they navigate the established emergency 166
procedures. 167
(f) Students whose IEP or 504 plan include assistive 168
technology may also need access to such devices during an 169
emergency. If the student requires assistive technology to 170
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maintain their ability to communicate and receive instructions, 171
this should be written into their Emergency Action Plan. Devices 172
such as communication boards, speech-generating devices, or 173
specialized software should be readily available and functional 174
during drills and actual emergencies. During emergency planning, 175
the team may identify language and terminology to add to devices 176
for the student to communicate needs arising from the crisis. For 177
example, emotions may be added to a communication board to enable 178
a student to express themselves to the same degree as nondisabled 179
students. Being able to communicate their feelings in that moment 180
can boost their ability to self-regulate and adhere to established 181
protocols. 182
(g) All stakeholders, students, staff, community 183
partners, and parents need to be educated about the school's 184
emergency plan and the specific procedures for supporting students 185
with disabilities, regular drills and exercises involving 186
community partners can help familiarize students with the plan and 187
ensure a coordinated response. Recognizing that some students may 188
become dysregulated by disruptions to their routines, 189
communication is essential! The IEP or 504 plan may include 190
notice of upcoming drills to allow the team to prepare the 191
student, working within the accommodations or services written 192
into the educational program. 193
(h) School districts shall communicate and collaborate 194
with community partners, including first responders, to ensure the 195
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ST: Students with disabilities; require public
school districts to implement comprehensive
safe-school plans and training.
safety and well-being of students, especially those with 196
disabilities. If the student has a new medical condition or there 197
are changes in how to respond to a medical incident, it is crucial 198
to inform the school team and update the school nurse's records. 199
This ensures that any information shared with first responders, 200
with the parent or guardian's signed permission, is accurate and 201
tailored to the child's needs during emergencies. 202
(i) Federal law requires the inclusion and equitable 203
treatment of students with disabilities in school emergency 204
management plans. School districts shall ensure that students 205
with disabilities receive the same emergency services as their 206
nondisabled peers and are considered during all stages of 207
emergency management planning. 208
(j) Public school districts shall require proactive 209
planning, training, and resources to address unique needs, 210
preventing unequal safety measures and legal violations regarding 211
exceptional students. 212
(k) The State Board of Education, acting through the 213
State Department of Education, shall promulgate rules and 214
regulations to implement this subsection (6). 215
SECTION 2. This act shall take effect and be in force from 216
and after July 1, 2026. 217