AN ACT TO AMEND SECTIONS 37-181-5, 37-181-7, 37-181-9, 37-181-11, 37-181-15 AND 37-181-19, MISSISSIPPI CODE OF 1972, TO REMOVE OVERLY RESTRICTIVE LANGUAGE WHICH REQUIRED THE PARENT OR GUARDIAN OF AN ELIGIBLE STUDENT RECEIVING ESA FUNDS TO CERTIFY TO THE STATE DEPARTMENT OF EDUCATION THAT THE STUDENT HAS BEEN ACCEPTED INTO AN ELIGIBLE SCHOOL QUALIFIED TO PROVIDE SERVICES FOR THE PARTICIPATING STUDENT'S DISABILITY OR SPECIAL EDUCATION NEEDS, OR PROVIDE SERVICES ADDRESSING A PARTICIPATING STUDENT'S IEP; TO REMOVE THE REQUIREMENT THAT AN ELIGIBLE SCHOOL THAT FAILS TO COMPLY WITH THE CERTIFICATION REQUIREMENTS OF ITS ABILITY TO PROVIDE SERVICES FOR THE PARTICIPATING STUDENT'S DISABILITY OR SPECIAL EDUCATION NEEDS, OR PROVIDE SERVICES ADDRESSING A PARTICIPATING STUDENT'S IEP SHALL BE INELIGIBLE TO PARTICIPATE IN THE ESA PROGRAM THE FOLLOWING YEAR; TO REMOVE THE WAITLIST REQUIREMENT FOR STUDENTS ELIGIBLE TO RECEIVE AN EDUCATIONAL SCHOLARSHIP ACCOUNT UNDER THE "EQUAL OPPORTUNITY FOR STUDENTS WITH SPECIAL NEEDS ACT"; TO PROVIDE THAT, SUBJECT TO APPROPRIATION, EACH STUDENT'S ESA SHALL BE FUNDED AT THE STUDENT BASE AMOUNT AS DETERMINED UNDER THE "MISSISSIPPI STUDENT FUNDING FORMULA"; TO RESTRUCTURE THE FREQUENCY BY WHICH REIMBURSEMENT PAYMENTS SHALL BE MADE TO SERVICE PROVIDERS AND PARENTS FROM QUARTERLY TO MONTHLY; TO AUTHORIZE THE DEPARTMENT TO ENTER INTO A CONTRACTUAL AGREEMENT WITH A THIRD-PARTY VENDOR TO ADMINISTER THE ESA PROGRAM; TO CREATE THE "MISSISSIPPI FOSTER CHILD EDUCATION SCHOLARSHIP ACCOUNT PROGRAM ACT" FOR THE PURPOSE OF ESTABLISHING EDUCATION SCHOLARSHIP ACCOUNTS (FESAS) FOR FOSTER PARENTS, GUARDIANS OR RESPONSIBLE AGENCY OFFICIALS OF THE DEPARTMENT OF CHILD PROTECTION SERVICES FOR FOSTER CHILDREN; TO PRESCRIBE THE CRITERIA FOR DETERMINING ELIGIBILITY FOR PARTICIPATION IN THE PROGRAM AND RECEIPT OF PROGRAM FUNDS; TO PROVIDE FOR THE FUNDING OF EACH STUDENT'S FESA; TO STIPULATE THE OBLIGATIONS OF FOSTER PARENTS, LEGAL GUARDIANS, RESPONSIBLE CPS OFFICIALS, STUDENTS AND SCHOOLS TO BECOME AND REMAIN ELIGIBLE FOR PARTICIPATION; TO PRESCRIBE THE DUTIES OF THE DEPARTMENT OF EDUCATION REGARDING THE ADMINISTRATION OF THE FUNDS; TO REQUIRE PEER TO PREPARE A BIENNIAL REPORT ON THE SUFFICIENCY OF FUNDING FOR FESAS AND STUDENT PERFORMANCE AND ASSESSMENT EVALUATION BEGINNING IN 2027 AND EVERY TWO YEARS THEREAFTER; TO PROVIDE FOR THE ADMINISTRATIVE, FINANCIAL AND ACADEMIC ACCOUNTABILITY STANDARDS TO BE ADHERED TO BY PARTICIPATING SCHOOLS; AND FOR RELATED PURPOSES.

Statutes affected:
As Introduced: 37-181-5, 37-181-7, 37-181-9, 37-181-11, 37-181-15, 37-181-19
As Passed by the House: 37-181-5, 37-181-7, 37-181-9, 37-181-11, 37-181-15, 37-181-19