| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Education By: Senator(s) Ladner Senate Bill 2763 AN ACT RELATIVE TO PARENTAL CONSENT TO AN INDIVIDUALIZED EDUCATION PROGRAM; TO PROVIDE FOR WRITTEN INFORMED CONSENT FROM A PARENT OR OTHER LEGAL GUARDIAN; TO AMEND SECTION 37-23-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) Notwithstanding any provision of law to the contrary, a local school district shall obtain written informed consent from a student's parent or legal guardian before it can initially provide a student with special education courses or related services in any setting. (2) If the individualized education program placement requires a reduction or removal of any special education course or related service, the local school board shall obtain written informed consent from the student's parent or other legal guardian before the change can be implemented. In the event the student's individualized education program is changed for any reason, the local school board shall obtain written informed consent from the parent or legal guardian before the change can be implemented. SECTION 2. Section 37-23-5, Mississippi Code of 1972, is amended as follows: 37-23-5. (1) Except as otherwise provided in Laws of 1999, Chapter 582, the State Department of Education is empowered to foster, inspect, approve and administer a program of education for exceptional children. The State Department of Education shall make the necessary rules and regulations in keeping with the provisions of Sections 37-23-1 through 37-23-9 and applicable federal laws and regulations which are not in conflict with Mississippi law for its proper administration and shall employ such personnel as may be necessary to administer such program. (2) The department shall require that the program of education for exceptional children be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success. (3) Notwithstanding any provision of law to the contrary, a local school district shall obtain written informed consent from a student's parent or legal guardian before it can initially provide a student with special education courses or related services in any setting. (4) If the individualized education program placement requires a reduction or removal of any special education course or related service, the local school board shall obtain written informed consent from the student's parent or other legal guardian before the change can be implemented. In the event the student's individualized education program is changed for any reason, the local school board shall obtain written informed consent from the parent or legal guardian before the change can be implemented. SECTION 3. 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 |
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| 8 | 8 | | |
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| 9 | 9 | | By: Senator(s) Ladner |
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| 10 | 10 | | |
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| 11 | 11 | | # Senate Bill 2763 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT RELATIVE TO PARENTAL CONSENT TO AN INDIVIDUALIZED EDUCATION PROGRAM; TO PROVIDE FOR WRITTEN INFORMED CONSENT FROM A PARENT OR OTHER LEGAL GUARDIAN; TO AMEND SECTION 37-23-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY; 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. (1) Notwithstanding any provision of law to the contrary, a local school district shall obtain written informed consent from a student's parent or legal guardian before it can initially provide a student with special education courses or related services in any setting. |
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| 18 | 18 | | |
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| 19 | 19 | | (2) If the individualized education program placement requires a reduction or removal of any special education course or related service, the local school board shall obtain written informed consent from the student's parent or other legal guardian before the change can be implemented. In the event the student's individualized education program is changed for any reason, the local school board shall obtain written informed consent from the parent or legal guardian before the change can be implemented. |
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| 20 | 20 | | |
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| 21 | 21 | | SECTION 2. Section 37-23-5, Mississippi Code of 1972, is amended as follows: |
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| 22 | 22 | | |
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| 23 | 23 | | 37-23-5. (1) Except as otherwise provided in Laws of 1999, Chapter 582, the State Department of Education is empowered to foster, inspect, approve and administer a program of education for exceptional children. The State Department of Education shall make the necessary rules and regulations in keeping with the provisions of Sections 37-23-1 through 37-23-9 and applicable federal laws and regulations which are not in conflict with Mississippi law for its proper administration and shall employ such personnel as may be necessary to administer such program. |
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| 24 | 24 | | |
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| 25 | 25 | | (2) The department shall require that the program of education for exceptional children be designed to provide individualized appropriate special education and related services that enable a child to reach his or her appropriate and uniquely designed goals for success. |
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| 26 | 26 | | |
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| 27 | 27 | | (3) Notwithstanding any provision of law to the contrary, a local school district shall obtain written informed consent from a student's parent or legal guardian before it can initially provide a student with special education courses or related services in any setting. |
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| 28 | 28 | | |
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| 29 | 29 | | (4) If the individualized education program placement requires a reduction or removal of any special education course or related service, the local school board shall obtain written informed consent from the student's parent or other legal guardian before the change can be implemented. In the event the student's individualized education program is changed for any reason, the local school board shall obtain written informed consent from the parent or legal guardian before the change can be implemented. |
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| 30 | 30 | | |
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| 31 | 31 | | SECTION 3. This act shall take effect and be in force from and after July 1, 2025. |
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