| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Education; Appropriations A By: Representative Massengill House Bill 639 AN ACT TO REQUIRE FUNDING FOR SPECIAL EDUCATION TO BE APPROPRIATED TO THE STATE BOARD OF EDUCATION AS A SEPARATE LINE ITEM IN THE K-12 EDUCATION GENERAL SUPPORT APPROPRIATIONS BILL; TO PRESCRIBE A FORMULA FOR DETERMINING ALLOCATIONS OF SPECIAL EDUCATION FUNDS TO THE LOCAL SCHOOL DISTRICTS; TO REQUIRE DISTRICTS TO PLACE SPECIAL EDUCATION FUNDS RECEIVED IN A SEPARATE ACCOUNT TO BE ADMINISTERED BY THE PROPER DISTRICT PERSONNEL RESPONSIBLE FOR DIRECTING OR COORDINATING SPECIAL EDUCATION SERVICES; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Beginning with the appropriation for fiscal year 2026, funding for the special education program required under Chapter 23, Title 37, Mississippi Code of 1972, shall be appropriated to the State Board of Education as a separate line item in the K-12 education general support appropriations bill. The State Board of Education shall allocate the special education funding to each school district as follows: (a) For each teacher employed by a school district in a program for exceptional children, as defined in Section 27-23-3, which is approved by the State Department of Education, an amount equal to one hundred percent (100%) of the adequate education program salary schedule prescribed in Section 37-19-7, based on the type of license and number of years' teaching experience held by each approved special education teacher, plus an amount equal to one hundred percent (100%) of the applicable employer's rate for social security and contributions to the state retirement system. (b) Funds appropriated for the special education program shall be allocated to each school district as prescribed under paragraph (a) and the estimated number of new teacher units requested by the district and approved by the State Department of Education for instruction and related support services provided to exceptional children based on each eligible child's Individualized Education Plan (IEP). Once received by the district, the funds shall be deposited into an account separate from the general state aid funds received by the district under the adequate education program. The fund shall be administered by the district special education director or coordinator, or if there is no such position within the district, then by the superintendent of schools, or his or her appointed designee, and shall be used for purposes specified under this section and other applicable provisions of law providing for the instruction, services, equipment, necessary accommodations and support of exceptional children as required under IDEA and Chapter 23, Title 37, Mississippi Code of 1972. SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Education; Appropriations A |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representative Massengill |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 639 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO REQUIRE FUNDING FOR SPECIAL EDUCATION TO BE APPROPRIATED TO THE STATE BOARD OF EDUCATION AS A SEPARATE LINE ITEM IN THE K-12 EDUCATION GENERAL SUPPORT APPROPRIATIONS BILL; TO PRESCRIBE A FORMULA FOR DETERMINING ALLOCATIONS OF SPECIAL EDUCATION FUNDS TO THE LOCAL SCHOOL DISTRICTS; TO REQUIRE DISTRICTS TO PLACE SPECIAL EDUCATION FUNDS RECEIVED IN A SEPARATE ACCOUNT TO BE ADMINISTERED BY THE PROPER DISTRICT PERSONNEL RESPONSIBLE FOR DIRECTING OR COORDINATING SPECIAL EDUCATION SERVICES; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. Beginning with the appropriation for fiscal year 2026, funding for the special education program required under Chapter 23, Title 37, Mississippi Code of 1972, shall be appropriated to the State Board of Education as a separate line item in the K-12 education general support appropriations bill. The State Board of Education shall allocate the special education funding to each school district as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | (a) For each teacher employed by a school district in a program for exceptional children, as defined in Section 27-23-3, which is approved by the State Department of Education, an amount equal to one hundred percent (100%) of the adequate education program salary schedule prescribed in Section 37-19-7, based on the type of license and number of years' teaching experience held by each approved special education teacher, plus an amount equal to one hundred percent (100%) of the applicable employer's rate for social security and contributions to the state retirement system. |
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| 20 | 20 | | |
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| 21 | 21 | | (b) Funds appropriated for the special education program shall be allocated to each school district as prescribed under paragraph (a) and the estimated number of new teacher units requested by the district and approved by the State Department of Education for instruction and related support services provided to exceptional children based on each eligible child's Individualized Education Plan (IEP). Once received by the district, the funds shall be deposited into an account separate from the general state aid funds received by the district under the adequate education program. The fund shall be administered by the district special education director or coordinator, or if there is no such position within the district, then by the superintendent of schools, or his or her appointed designee, and shall be used for purposes specified under this section and other applicable provisions of law providing for the instruction, services, equipment, necessary accommodations and support of exceptional children as required under IDEA and Chapter 23, Title 37, Mississippi Code of 1972. |
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| 22 | 22 | | |
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| 23 | 23 | | SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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