Exceptional children; authorize grant program for autism specialists, professional development and sensory supports.

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To: Education;
Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (13th)

SENATE BILL NO. 2499

AN ACT TO AUTHORIZE AND DIRECT THE STATE DEPARTMENT OF 1
EDUCATION, SUBJECT TO APPROPRIATION, TO PROMULGATE AND ENFORCE 2
REASONABLE RULES AND REGULATIONS TO ESTABLISH A GRANT PROGRAM TO 3
ASSIST PUBLIC SCHOOL DISTRICTS IN FUNDING AUTISM SPECIALISTS, 4
EVIDENCE-BASED PROFESSIONAL DEVELOPMENT FOR EDUCATORS OF 5
EXCEPTIONAL CHILDREN AND SENSORY AND INSTRUCTIONAL SUPPORTS AND TO 6
PRIORITIZE DISTRICTS SERVING HIGH NUMBERS OF UNDERSERVED STUDENTS; 7
TO AMEND SECTIONS 37-23-65 AND 37-23-69, MISSISSIPPI CODE OF 1972, 8
IN CONFORMITY; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 37-23-65, Mississippi Code of 1972, is 11
amended as follows: 12
37-23-65. The State Department of Education is authorized 13
and directed to promulgate rules and regulations for the payment 14
of such financial assistance and the administration of Sections 15
37-23-61 through 37-23-75 generally. 16
The State Department of Education shall have the authority to 17
promulgate and enforce reasonable rules and regulations 18
establishing standards for administration of the program 19
contemplated by Sections 37-23-61 through 37-23-75, consistent 20
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with the maintenance of high quality programs for the benefit of 21
the exceptional children served. 22
The State Department of Education shall require that the 23
programs for which children are eligible for financial assistance 24
under Sections 37-23-61 through 37-23-75 be designed to provide 25
individualized appropriate special education and related services 26
that enable a child to reach his or her appropriate and uniquely 27
designed goals for success. 28
The State Department of Education, subject to specific 29
appropriation by the Legislature, shall have the authority to 30
promulgate and enforce reasonable rules and regulations to 31
establish a grant program to assist public school districts in 32
funding autism specialists, evidence-based professional 33
development for educators of exceptional children and sensory and 34
instructional supports for exceptional children and to prioritize 35
such grants to school districts serving high numbers of 36
underserved students. The department is authorized to require 37
public school districts to provide accommodations, including 38
sensory supports, rooms or equipment, for students whose 39
individualized Education Program (IEP) or 504 Plan identifies a 40
need in or to ensure access to education, using best practices to 41
guide the design, supervision and evaluation of these spaces to 42
meet individual student needs. The department shall develop a 43
budget for the funding of such autism specialists, evidence-based 44
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educator training and sensory and instructional supports and 45
submit a budget request to the Legislature on an annual basis. 46
There is hereby created in the State Treasury the Exceptional 47
Children Grant Program Fund to be comprised of funds appropriated 48
by the Legislature to provide for making grants to school 49
districts under this paragraph. The appropriation to the 50
Exceptional Children Grant Program Fund shall not exceed Ten 51
Million Dollars ($10,000,000.00) in any fiscal year. 52
SECTION 2. Section 37-23-69, Mississippi Code of 1972, is 53
amended as follows: 54
37-23-69. The State Department of Education may determine 55
and pay the amount of the financial assistance to be made 56
available to each applicant, and see that all applicants and the 57
programs for them meet the requirements of the program for 58
exceptional children. No financial assistance shall exceed the 59
obligation actually incurred by the applicant for educational 60
costs, which shall include special education and related services 61
as defined by the Mississippi Department of Education Policies and 62
Procedures Regarding Children with Disabilities under the federal 63
Individuals with Disabilities Education Act (IDEA). Within the 64
amount of available state funds for that purpose, each such 65
applicant may receive assistance according to the following 66
allowances: 67
(a) If the applicant chooses to attend a private 68
school, a parochial school or a speech, hearing and/or language 69
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clinic having an appropriate program for the applicant, and if the 70
school or clinic meets federal and state regulations, then the 71
educational costs reimbursement will be one hundred percent (100%) 72
of the first Six Hundred Dollars ($600.00) in educational costs 73
charged by the school or clinic; or, if the applicant is under six 74
(6) years of age, and no program appropriate for the child exists 75
in the public schools of his domicile, then the reimbursement 76
shall be one hundred percent (100%) of the first Six Hundred 77
Dollars ($600.00) in educational costs charged by the school or 78
clinic, and fifty percent (50%) of the next Eight Hundred Dollars 79
($800.00) in educational costs charged by the school or clinic; 80
(b) A public school district shall be reimbursed for 81
the educational costs of an applicant up to an annual maximum 82
based on a cost factor determined by the State Board of Education 83
if the following conditions are met: (i) an applicant in the age 84
range six (6) through twenty (20) requests the public school 85
district where he resides to provide an education for him and the 86
nature of the applicant's educational problem is such that, 87
according to best educational practices, it cannot be met in the 88
public school district where the child resides; (ii) the public 89
school district decides to provide the applicant a free 90
appropriate education by placing him in a private school, a 91
parochial school or a speech, hearing and/or language clinic 92
having an appropriate program for the applicant; (iii) the program 93
meets federal and state regulations; and (iv) the applicant is 94
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approved for financial assistance by a State Level Review Board 95
established by the State Board of Education. The Review Board 96
will act on financial assistance requests within five (5) working 97
days of receipt. Nothing in this paragraph shall prevent two (2) 98
or more public school districts from forming a cooperative to meet 99
the needs of low incidence exceptional children, nor shall the 100
public school be relieved of its responsibility to provide an 101
education for all children. If state monies are not sufficient to 102
fund all applicants, there will be a ratable reduction for all 103
recipients receiving state funds under this section. School 104
districts may pay additional educational costs from available 105
federal, state and local funds. 106
If an exceptional child, as defined in Section 37-23-3, is 107
placed in a therapeutic or other group home licensed or approved 108
by the state that has no educational program associated with it, 109
the local school district in which the home is located shall offer 110
an appropriate educational program to that child. 111
At any time that the Individualized Education Program (IEP) 112
Committee in the district where the home is located determines 113
that an exceptional child, as defined in Section 37-23-3, residing 114
in that home can no longer be provided a free appropriate public 115
education in that school district, and the State Department of 116
Education agrees with that decision, then the State Department of 117
Education shall recommend to the Department of Human Services 118
placement of the child by the Department of Human Services, which 119
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shall take appropriate action. The placement of the exceptional 120
child in the facility shall be at no cost to the local school 121
district. Funds available under Sections 37-23-61 through 122
37-23-77, as well as any available federal funds, may be used to 123
provide the educational costs of the placement. If the 124
exceptional child is under the guardianship of the Department of 125
Human Services or another state agency, the State Department of 126
Education shall pay only for the educational costs of that 127
placement, and the other agency shall be responsible for the room, 128
board and any other costs. The special education and related 129
services provided to the child shall be in compliance with State 130
Department of Education and any related federal regulations. The 131
State Board of Education may promulgate regulations that are 132
necessary to implement this section; and 133
(c) If an appropriate local or regional system of care, 134
including a free appropriate public education, is available for 135
exceptional children who are currently being served in 136
out-of-district or Department of Human Services placements under 137
paragraph (b) of this section or Section 37-23-77, then the state 138
funds from the State Department of Education that would have been 139
used for those placements may be paid into a pool of funds with 140
funds from other state agencies to be used for the implementation 141
of the individualized plans of care for those children. If there 142
are sufficient funds to serve additional exceptional children 143
because of cost savings as a result of serving these students at 144
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home and/or matching the pooled funds with federal dollars, the 145
funds may be used to implement individualized plans of care for 146
those additional exceptional children. Each local or regional 147
provider of services included in the individualized plans of care 148
shall comply with all appropriate state and federal regulations. 149
The State Board of Education may promulgate regulations that are 150
necessary to implement this section. 151
The State Department of Education may also provide for the 152
payment of that financial assistance in installments and for 153
proration of that financial assistance in the case of children 154
attending a school or clinic for less than a full school session 155
and, if available funds are insufficient, may allocate the 156
available funds among the qualified applicants and local school 157
districts by reducing the maximum assistance provided for in this 158
section. 159
Any monies provided an applicant under Sections 37-23-61 160
through 37-23-75 shall be applied by the receiving educational 161
institution as a reduction in the amount of the educational costs 162
paid by the applicant, and the total educational costs paid by the 163
applicant shall not exceed the total educational costs paid by any 164
other child in similar circumstances enrolled in the same program 165
in that institution. However, this limitation shall not prohibit 166
the waiving of all or part of the educational costs for a limited 167
number of children based upon demonstrated financial need, and the 168
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ST: Exceptional children; authorize grant
program for autism specialists, professional
development and sensory supports.
State Department of Education may adopt and enforce reasonable 169
rules and regulations to carry out the intent of these provisions. 170
The State Department of Education, subject to specific 171
appropriation by the Legislature, shall have the authority to 172
promulgate and enforce reasonable rules and regulation to 173
establish a grant program to assist public school districts in 174
funding autism specialists, evidence-based professional 175
development for educators of exceptional children and sensory and 176
instructional supports for exceptional children and to prioritize 177
such grants to school districts serving high numbers of 178
underserved students. The department is authorized to require 179
public school districts to provide accommodations, including 180
sensory supports, rooms or equipment, for students whose 181
individualized Education Program (IEP) or 504 Plan identifies a 182
need in or to ensure access to education, using best practices to 183
guide the design, supervision and evaluation of these spaces to 184
meet individual student needs. The department shall develop a 185
budget for the funding of such autism specialists, evidence-based 186
educator training and sensory and instructional supports and 187
submit a budget request to the Legislature on an annual basis. 188
SECTION 3. This act shall take effect and be in force from 189
and after July 1, 2026. 190