Exceptional children; authorize public school districts to provide sensory rooms and equipment.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (13th)

SENATE BILL NO. 2233

AN ACT TO AMEND SECTIONS 37-23-65 AND 37-23-69, MISSISSIPPI 1
CODE OF 1972, TO REQUIRE PUBLIC SCHOOL DISTRICTS TO PROVIDE 2
ACCOMMODATIONS, INCLUDING SENSORY ROOMS OR EQUIPMENT, IF A 3
STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM (IEP) OR 504 PLAN 4
IDENTIFIES A NEED TO ENSURE ACCESS TO EDUCATION; AND FOR RELATED 5
PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 37-23-65, Mississippi Code of 1972, is 8
amended as follows: 9
37-23-65. The State Department of Education is authorized 10
and directed to promulgate rules and regulations for the payment 11
of such financial assistance and the administration of Sections 12
37-23-61 through 37-23-75 generally. 13
The State Department of Education shall have the authority to 14
promulgate and enforce reasonable rules and regulations 15
establishing standards for administration of the program 16
contemplated by Sections 37-23-61 through 37-23-75, consistent 17
with the maintenance of high quality programs for the benefit of 18
the exceptional children served. 19
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The State Department of Education shall require that the 20
programs for which children are eligible for financial assistance 21
under Sections 37-23-61 through 37-23-75 be designed to provide 22
individualized appropriate special education and related services 23
that enable a child to reach his or her appropriate and uniquely 24
designed goals for success. 25
The State Department of Education, subject to specific 26
appropriation by the Legislature, shall have the authority to 27
promulgate and enforce reasonable rules and regulations to require 28
public school districts to provide accommodations, including 29
sensory supports, rooms or equipment, for students whose 30
Individualized Education Program (IEP) or 504 Plan identifies a 31
need in order to ensure access to education, using best practices 32
to guide the design, supervision and evaluation of these spaces to 33
meet individual student needs. A sensory room is a safe space 34
that has been specifically designed for students with 35
neurodevelopmental or psychiatric conditions, such as a learning 36
disability, anxiety, Attention-Deficit/Hyperactivity Disorder 37
(ADHD), autism, behavioral challenges, or mood disorders. 38
SECTION 2. Section 37-23-69, Mississippi Code of 1972, is 39
amended as follows: 40
37-23-69. The State Department of Education may determine 41
and pay the amount of the financial assistance to be made 42
available to each applicant, and see that all applicants and the 43
programs for them meet the requirements of the program for 44
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exceptional children. No financial assistance shall exceed the 45
obligation actually incurred by the applicant for educational 46
costs, which shall include special education and related services 47
as defined by the Mississippi Department of Education Policies and 48
Procedures Regarding Children with Disabilities under the federal 49
Individuals with Disabilities Education Act (IDEA). Within the 50
amount of available state funds for that purpose, each such 51
applicant may receive assistance according to the following 52
allowances: 53
(a) If the applicant chooses to attend a private 54
school, a parochial school or a speech, hearing and/or language 55
clinic having an appropriate program for the applicant, and if the 56
school or clinic meets federal and state regulations, then the 57
educational costs reimbursement will be one hundred percent (100%) 58
of the first Six Hundred Dollars ($600.00) in educational costs 59
charged by the school or clinic; or, if the applicant is under six 60
(6) years of age, and no program appropriate for the child exists 61
in the public schools of his domicile, then the reimbursement 62
shall be one hundred percent (100%) of the first Six Hundred 63
Dollars ($600.00) in educational costs charged by the school or 64
clinic, and fifty percent (50%) of the next Eight Hundred Dollars 65
($800.00) in educational costs charged by the school or clinic; 66
(b) A public school district shall be reimbursed for 67
the educational costs of an applicant up to an annual maximum 68
based on a cost factor determined by the State Board of Education 69
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if the following conditions are met: (i) an applicant in the age 70
range six (6) through twenty (20) requests the public school 71
district where he resides to provide an education for him and the 72
nature of the applicant's educational problem is such that, 73
according to best educational practices, it cannot be met in the 74
public school district where the child resides; (ii) the public 75
school district decides to provide the applicant a free 76
appropriate education by placing him in a private school, a 77
parochial school or a speech, hearing and/or language clinic 78
having an appropriate program for the applicant; (iii) the program 79
meets federal and state regulations; and (iv) the applicant is 80
approved for financial assistance by a State Level Review Board 81
established by the State Board of Education. The Review Board 82
will act on financial assistance requests within five (5) working 83
days of receipt. Nothing in this paragraph shall prevent two (2) 84
or more public school districts from forming a cooperative to meet 85
the needs of low incidence exceptional children, nor shall the 86
public school be relieved of its responsibility to provide an 87
education for all children. If state monies are not sufficient to 88
fund all applicants, there will be a ratable reduction for all 89
recipients receiving state funds under this section. School 90
districts may pay additional educational costs from available 91
federal, state and local funds. 92
If an exceptional child, as defined in Section 37-23-3, is 93
placed in a therapeutic or other group home licensed or approved 94
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by the state that has no educational program associated with it, 95
the local school district in which the home is located shall offer 96
an appropriate educational program to that child. 97
At any time that the Individualized Education Program (IEP) 98
Committee in the district where the home is located determines 99
that an exceptional child, as defined in Section 37-23-3, residing 100
in that home can no longer be provided a free appropriate public 101
education in that school district, and the State Department of 102
Education agrees with that decision, then the State Department of 103
Education shall recommend to the Department of Human Services 104
placement of the child by the Department of Human Services, which 105
shall take appropriate action. The placement of the exceptional 106
child in the facility shall be at no cost to the local school 107
district. Funds available under Sections 37-23-61 through 108
37-23-77, as well as any available federal funds, may be used to 109
provide the educational costs of the placement. If the 110
exceptional child is under the guardianship of the Department of 111
Human Services or another state agency, the State Department of 112
Education shall pay only for the educational costs of that 113
placement, and the other agency shall be responsible for the room, 114
board and any other costs. The special education and related 115
services provided to the child shall be in compliance with State 116
Department of Education and any related federal regulations. The 117
State Board of Education may promulgate regulations that are 118
necessary to implement this section; and 119
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(c) If an appropriate local or regional system of care, 120
including a free appropriate public education, is available for 121
exceptional children who are currently being served in 122
out-of-district or Department of Human Services placements under 123
paragraph (b) of this section or Section 37-23-77, then the state 124
funds from the State Department of Education that would have been 125
used for those placements may be paid into a pool of funds with 126
funds from other state agencies to be used for the implementation 127
of the individualized plans of care for those children. If there 128
are sufficient funds to serve additional exceptional children 129
because of cost savings as a result of serving these students at 130
home and/or matching the pooled funds with federal dollars, the 131
funds may be used to implement individualized plans of care for 132
those additional exceptional children. Each local or regional 133
provider of services included in the individualized plans of care 134
shall comply with all appropriate state and federal regulations. 135
The State Board of Education may promulgate regulations that are 136
necessary to implement this section. 137
The State Department of Education may also provide for the 138
payment of that financial assistance in installments and for 139
proration of that financial assistance in the case of children 140
attending a school or clinic for less than a full school session 141
and, if available funds are insufficient, may allocate the 142
available funds among the qualified applicants and local school 143
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districts by reducing the maximum assistance provided for in this 144
section. 145
Any monies provided an applicant under Sections 37-23-61 146
through 37-23-75 shall be applied by the receiving educational 147
institution as a reduction in the amount of the educational costs 148
paid by the applicant, and the total educational costs paid by the 149
applicant shall not exceed the total educational costs paid by any 150
other child in similar circumstances enrolled in the same program 151
in that institution. However, this limitation shall not prohibit 152
the waiving of all or part of the educational costs for a limited 153
number of children based upon demonstrated financial need, and the 154
State Department of Education may adopt and enforce reasonable 155
rules and regulations to carry out the intent of these provisions. 156
The State Department of Education, subject to specific 157
appropriation by the Legislature, shall have the authority to 158
promulgate and enforce reasonable rules and regulations to require 159
public school districts to provide accommodations, including 160
sensory supports, rooms or equipment, for students whose 161
Individualized Education Program (IEP) or 504 Plan identifies a 162
need in order to ensure access to education, using best practices 163
to guide the design, supervision and evaluation of these spaces to 164
meet individual student needs. A sensory room is a safe space 165
that has been specifically designed for students with 166
neurodevelopmental or psychiatric conditions, such as a learning 167
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ST: Exceptional children; authorize public
school districts to provide sensory rooms and
equipment.
disability, anxiety, Attention-Deficit/Hyperactivity Disorder 168
(ADHD), autism, behavioral challenges, or mood disorders. 169
SECTION 3. This act shall take effect and be in force from 170
and after July 1, 2026. 171