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Frequently Asked Questions

A private school is an institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, private, church, parochial, and home instruction programs. (Miss. Code Ann. § 37-13-91 (2) (I)).
School districts are required to attach to the Project Application any new policies that impact students with disabilities.
Yes. Calculate the proportionate share for Part B and then calculate the proportionate share for Preschool. NOTE: Private preschool programs licensed as day care centers do not meet the state’s definition of an elementary or secondary school.
Yes. All private schools (meeting the state’s definition of an elementary or secondary school) must be invited.
Yes. The provision of services pursuant to 34 CFR 300.138 and 300.139 through 300.143 must be provided by employees of a public agency or through contract by the public agency with an individual, association, agency, organization, or other entity.

School districts may use funds available under sections 611 and 619 of the Act to make public school personnel available in other public facilities to the extent necessary to provide services under §§ 300.130 through 300.144 for parentally-placed private school children with disabilities and those services are not normally provided by the private school (§ 300.142, Use of Personnel).

School districts may also use funds available under sections 611 and 619 of the Act to pay for the services of an employee of a private school to provide services under §§ 300.130 through 300.144 if the employee performs the services outside of his/her regular hours of duty and performs the services under public supervision and control (§ 300.142, Use of Personnel).
Yes; however, they must be qualified in the area in which they are providing services.
Home schools meet the definition of "nonpublic schools," which means an institution for the teaching of children, consisting of a physical plant, whether owned or leased, including a home, instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, private, church, parochial, and home instruction programs. Miss. Code Ann. § 37-13-91 (2) (I).
Districts must confirm on district letterhead that there are no private schools in the school district’s area or that the private school declined services.
The number of private school children determined to be children with disabilities are those who were evaluated and were determined to be children with disabilities.
The number of private school children served is the number of children who actually received services during the previous school year.
ESY funds can be used if the IEP Committee has determined that the student meets the criteria for ESY. If the IEP Committee determines that the student does not meet the criteria for ESY, then the district must continue to fund the placement.
There is not a 5% minimum from the District that has to be paid. The Director of Special Education can be paid the appropriate percentage based on the amount of time spent on performing district non-special education duties.
No. As we begin to use Mississippi Comprehensive Automated Performance-based System (MCAPS), names of personnel will not be listed in the narrative.
The correct function code to use for Special Education Director should be 2330.
A Summary of Performance is a summary of a child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s post-secondary goals. The statements of performance should be designed to help the child identify his/her strengths, needs, and goals so the child can secure assistance after high school at the next level. A Summary of Performance is intended to assist future employers or educators by informing them of the child’s goals and needs along with insights into what has or has not worked for the child.

A Summary of Performance is required for any child with a disability who graduates from high school with a regular diploma or for any child with a disability whose eligibility to receive a free appropriate public education (FAPE) ends due to the child exceeding the age eligibility for FAPE under State law
A list of possible assessments can be found in the Volume IV Policy and Procedures manual located on the Special Education webpage at http://www.mdek12.org/OSE/PP.
Transition planning is required to be in place for all students with disabilities beginning no later than the first IEP to be in effect when the child turns 14, or younger if determined appropriate by the IEP Committee, and updated annually thereafter.
The reevaluation process must be completed when dismissing a child from Language/Speech or any other Special Education service. See Volume I Policy and Procedures manual, page 38 for complete reevaluation procedures (www.mdek12.org/ose/PP).
The student’s deficits, not his or her eligibility drive the services the student receives as determined by the IEP Committee. The student may receive instruction as needed, regardless of his or her eligibility category.
See the MKAS2 section of the Student Assessment page of the MDE website at http://www.mdek12.org/OSA/MKAS2.
All Part C to B removals need to be emailed to scoon@mdek12.org.
All webinars and recorded trainings provided by the Office of Special Education can be found by clicking on the following link: https://www.mdek12.org/OSE/Special-Education-Training/Webinars.
All trainings provided by MDE can be found on TRUMBA, the agency’s professional development calendar. You can access TRUMBA by clicking on this link: http://www.trumba.com/calendars/MDE.
The Office of Special Education has created an SCD Determination Guidance Document. This document can be accessed by clicking on the following link: www.mdek12.org/ose/IP.
Policy requires that an FBA must be conducted, if not previously conducted, when it is determined that a student’s behavior was a manifestation of his/her disability. If there is already an FBA and BIP in place, the IEP Committee must review and revise the BIP to better address the behavior.

Policy requires an FBA, as appropriate, after a manifestation determination review that finds the behavior is NOT a manifestation of the student’s disability. The term “as appropriate” means that the IEP Committee should consider the unique circumstances of the student’s behavior and determine whether or not an FBA is needed to appropriately support the student’s behavioral intervention needs.

An FBA should be conducted when it is unclear what the function of the behavior is or when interventions have been ineffective. The purpose of an FBA is to help determine why the student is doing what he/she is doing (What benefit is the behavior providing the student or what is the student communicating to us with this behavior?). Best practice would suggest conducting an FBA and implementing a BIP prior to reaching the 10 days of removal that constitute a change of placement.
It is only necessary to conduct an MDR when the LEA has determined that a change of placement due to a code of conduct violation has occurred. A change of placement occurs when a student has been removed from his/her current placement for more than 10 consecutive days or when a student accumulated more than 10 days of removal within the school year and those removals constitute a pattern (similar behavior, within close proximity).
Post-secondary goals are based on age-appropriate transition assessment and describe the student’s goals AFTER they graduate from high school. Post-secondary goals must address the three following areas: education/training, employment, and independent living (if appropriate). Unlike measurable annual goals, post-secondary goals do not list any activities that take place during high school.