FAQ for Districts

What is the definition of a private school?

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)).

What new policies are required to be attached to the Project Application?

School districts are required to attach to the Project Application any new policies that impact students with disabilities.

Do we calculate the proportionate share for Part B and Preschool separately?

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.

Are parochial schools that provide their own special education staff to be considered when conducting the consultation for private placements?

Yes. All private schools (meeting the state’s definition of an elementary or secondary school) must be invited.

Can the services being offered to parentally-placed private school children with disabilities be provided after school, and if so, how are the persons to be paid?

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).

Can you contract with private school personnel to provide services after school?

Yes; however, they must be qualified in the area in which they are providing services.

Does the consultation with private school personnel have to be done face-to-face?

Yes. Private school personnel may send a designee.

What is the definition of home school?

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).

If there are no private schools located in the school district’s jurisdiction or a private school in the district’s jurisdiction declines services, what must the district do?

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.

Clarify what is meant by the number of private school children evaluated in the previous school year.

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.

Clarify the number of private school children served by the school district in the previous school year.

The number of private school children served is the number of children who actually received services during the previous school year.

If the district funds private placement during the school year, can Extended School Year (ESY) funds be used or must the district continue to fund?

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.

Can the Director of Special Education be paid 99% IDEA and 1% District or is there a 5% minimum for the district?

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.

Do the names of teacher aides have to be listed in the Project Application?

No. As we begin to use Mississippi Comprehensive Automated Performance-based System (MCAPS), names of personnel will not be listed in the narrative.

Function code 1220 is used for Special Education Director. Is this the correct function code?

The correct function code to use for Special Education Director should be 2330.

What is a Summary of Performance and who must have one?

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

Where can I find examples of age appropriate assessments?

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/specialeducation/PP.

What students must have transition planning?

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.

What is the procedure for dismissing a child from Language/Speech?

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/specialeducation/PP).

May a child with Language/Speech – Language Impaired as their primary eligibility receive services from the Special Education teacher?

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.

Who do I contact regarding the BDI Data Manager?

Call Candice Taylor at 601-359-2932 or email her at cataylor@mdek12.org.

Which students are required to take the MKAS?

See the MKAS2 section of the Student Assessment page of the MDE website at http://www.mdek12.org/studentassessment/MKAS2.

To whom do I submit my Part C to B No Match Report?

All Part C to B removals need to be emailed to scoon@mdek12.org.

Where can I find the most recent webinars provided by the Office of Special Education?

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/specialeducation/Webinars.

Where can I find out about trainings that are being offered?

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.

Who do I contact if I have questions regarding behavior and change of placement due to code of conduct violations?

Please contact Ginger Koestler at 601-359-2586 or gkoestler@mdek12.org.

How do I determine if a student meets the criteria for having a Significant Cognitive Disability (SCD)?

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/specialeducation/IP.

When is it necessary to conduct a Functional Behavioral Assessment (FBA)?

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.

When is it necessary to conduct a Manifestation Determination Review (MDR)?

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).

How do post-secondary goals and measurable annual goals differ?

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.

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  • Mississippi Department of Education
    359 N. West St.
    P.O. Box 771
    Jackson, MS 39205-0771
    Educator Licensure: 601-359-3483
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