Individualized Education Plans in Mississippi

American school children have access to a host of educational options to afford each the right to a publicly-funded education, capped with a diploma. Even for students who may have elevated or divergent needs, there are layers of federal and state laws protecting their academic and extracurricular opportunities. One of the major provisions of how students with disabilities and those in special education programs are guided through K-12 education is an Individualized Education Plan (IEP).

IEPs are a collaborative effort between parents and school personnel to outline benchmarks of student success through a personalized approach. Program stipulations will differ from student to student because of the diversity of needs and how a traditional, generalized approach to education may not fulfill federal guarantees.

Like other states, Mississippi has a statewide education system that is required to adhere to federal directives, maintaining equal access for all students, regardless of their needs or disabilities. However, sometimes, students with unique requirements can still fall through the cracks for various reasons. Mississippi has a large and diverse population encompassing urban, suburban, and rural settings, covering a wide range of local economic and political dynamics. Therefore, the school atmosphere will change throughout the state's 82 counties.

Parents rely on their local school districts to appropriately implement their child's IEPs, including augmenting programs to manage meaningful progress toward graduation. Yet, just because your child has an IEP in place doesn't mean it is the most appropriate for their academic, behavioral, and social needs or that the school district has the resources your child requires. Parents need to know the rules regulating IEPs and how they affect their children, but also the fact that help is available. The Lento Law Firm's Education Law Team stands prepared to help your child have the IEP that best provides a path toward a diploma. Call 888-535-3686 or reach the Lento Law Firm online.

What is an IEP?

Students with disabilities have the same right to a free appropriate public education (FAPE) that their non-disabled peers have. In order to receive such, some may need aids or services like IEPs for any level of K-12 education. The primary federal law governing these rights is the Individuals with Disabilities Education Act (IDEA).

IDEA is the foundation on which the Mississippi Department of Education (MDE) Office of Special Education (OSE) builds its processes and regulations to oversee accommodations—like IEPs—for students until they graduate from secondary school or age out at 21. With their individualized provisions, IEPs will vary by student, but there are some similarities in their approach toward student goals like the following:

• Assessing Past Shortfalls: A district's Multidisciplinary Evaluation Team (MET) will analyze a student's current and previous academic performance through records like tests, classroom assignments, and teacher testimony. The team will also look at behavioral and social strengths and weaknesses, identifying areas of potential improvement for the student.
• Setting Performance Goals: Once the MET understands how the student has performed, the IEP implemented will include measurable goals and targets that the student can reasonably accomplish within a given timeframe—typically one year. Each year, a student is guided by an IEP, and the MET will convene with parents and other relevant school personnel to reassess progress and subsequent goals.
• Determining Reasonable Accommodations: IDEA grants students with disabilities reasonable adjustments and modifications to the curriculum to help achieve the goals set by the IEP team. Reasonable accommodations can be assigned seating in classrooms, a change in assignment timelines, alternative testing methods, physical or digital aids, and others the school or district determines are necessary for academic progress.

While students with IEP may qualify for specific accommodations and modifications, it does not mean they will have access to all available—only those that are "reasonable" to help with student progress.

Mississippi IEP Process

Through IDEA's "Child Find" provision, Mississippi's public agencies are responsible for "identifying, locating, and evaluating all children with disabilities from birth through 21 years of age.” This means the process to begin evaluation can arise from the MDE, local education agencies (LEAs), educational service agencies (ESAs), public schools, private schools, and others that are not part of a Mississippi LEA or ESA.

For children under three, IDEA allows parents to institute an Early Intervention Program (EIP), which acts as a pre-public school IEP that often includes guidelines to help parents before their child enters K-12 education. Nevertheless, EIPs will be managed through the Mississippi State Department of Health (MSDH) under IDEA Part C.

A child or student will be referred for evaluation if they are suspected of having a disability, a parent requests an evaluation, or other behavioral factors preclude the need for an assessment. The MET—which includes relevant education personnel, parents, and the student (if appropriate)—will be convened within 14 calendar days of the request.

Evaluations don't all include the same tests or metrics, but there are some similarities with how the MET will analyze student success and progress. The initial evaluation must be completed within 60 calendar days to determine eligibility for services, including creating an IEP or denying services. The MET must develop IEPs within 30 days and implement them immediately.

If the parent of a child either does not provide consent for an initial evaluation or fails to respond to a request, the school, LEA, or other public agency may pursue—but is not required to—evaluation through MDE dispute resolution. However, public agencies may not pursue evaluation through administrative channels for students who are homeschooled or parentally placed in private or religious institutions.

Mississippi's Out-of-District IEP Placements

Typically, students with IEPs attend local schools alongside their peers. However, even with IDEA's mandate for students to learn in the least restrictive environment (LRE), there are instances when the MET may determine that a more specialized environment is necessary due to the specific nature of the student's disability or other significant factors.

Mississippi has dozens of schools dotting the state that provide specialized education services for students with elevated IEP requirements. For instance, Mississippi maintains schools for students with severe sight and hearing disabilities, those with mobility needs, behavioral issues, and more. Yet, most alternative schools are still tied with a local school district.

In rare cases, the MET or parents may consider out-of-district or even out-of-state placement options to appropriately meet the student's needs. Such placements can range in their approach to IEP implementation or special education programs but can significantly limit a student's interactions with their peers, infringing upon LRE.

It's the responsibility of the MET to ensure that any such placement is both appropriate and the least restrictive option available to meet the student's needs. Securing FAPE for each student can present challenges to educational authorities like the MDE, LEAs, and ESAs, especially when students are placed outside their regular school district. These placements often result in higher transportation costs, which can be burdensome for families, including other associated costs involving money and time.

IDEA Reauthorization

IDEA was signed into law back in 1975, which provided the federal provisions to implement IEPs and other special education services that help students maintain FAPE and graduate with a diploma. The law has been revised by legislators and reauthorized every seven years to facilitate modernization. However, no meaningful updates have been included since 2004, which ushered in additional procedural safeguards.

For instance, federal law fails to mandate all educational support at no additional charge to families, as limited funding remains a significant hurdle. That means some things that could be part of a student's IEP may not be included. But parents must remember that schools are only required to provide reasonable accommodations, not the best or even all available.

Furthermore, the MET can only grant support systems and aids with an IEP in one of the following categories:

• Specific Learning Disability
• Autism Spectrum Disorder
• Emotional disturbance
• Speech or language impairment
• Visual impairment
• Deafness
• Hearing impairment
• Deaf-blindness
• Orthopedic impairment
• Traumatic brain injury
• Other health impairments
• Multiple disabilities

Many advocate for federal reform because of the lack of meaningful reauthorization to provide more funding, more precise definitions, expansion of programs, and others that will help students. Below are four areas where IDEA must be enhanced to ensure students with IEPs and those with disabilities aren't left behind academically, behaviorally, and socially.

1. Revisions for vague definitions: Renewing IDEA offers a chance to revise and enhance its provisions, drawing upon insights gathered from academic studies, legal decisions, and real-world applications since its previous reauthorization. Such adjustments could affect various facets of the law, including reshaping disability categories, qualifying conditions, financial allocations, IEP evaluation procedures, and classroom accommodations.
2. Modernization: With increased technology integration in schools and the expanding scope of federal and state-recognized disabilities, modernization is necessary for students to have growing educational opportunities and the ability to interact and learn for them.
3. Expansion of state services: Programs like EIPs are carried out through IDEA Part C, which state governments oversee. The renewal of IDEA serves to maintain the statute's relevance in all 50 states, despite the differences states may have with differing economic, political, and social factors.
4. Fulfilling funding needs: Financial support is a significant component of IDEA. However, school districts sometimes find it difficult to allocate the necessary resources to students with IEPs or those who require reasonable accommodations. Overhauling the federal law offers a chance to reevaluate and renew funding mechanisms.

In Mississippi, the need for special education services has never been higher. But demand has risen while funding has fallen. Consequently, local school districts bear an increased financial burden to guarantee FAPE, which exacerbates inequalities in the services accessible to students.

Lack of Funding Does Not End a Student's Right to Education

Although budgetary factors may have an impact on what is deemed as reasonable accommodations and services within an IEP, parents should not permit the MET or their child's school to decline a specific request or service based solely on financial constraints. Unfortunately, funding has led to gaps between students and their educational needs.

A report shows that fewer Mississippi children participate in special education services for young children than the national average. But that isn't because of stellar services. The cause is a lack of funding.

Particularly with EIPs, there is a correlation between state median income and participation in these services, both of which were low for the state, with a lack of transportation and healthcare options cited as the most significant disadvantages to accepting assistance. Moreover, reports have found when children in Mississippi finish programs for ages 0-3, many are not being screened to see if they are eligible for the ages 3-5 program. Some blame a lack of collaboration between LEAs and the MSDH.

While the MET's considerations may influence the range of services and accommodations provided, parents should refrain from settling for inferior options due to underfunding. Unfortunately, the current educational landscape obliges families to be acutely aware of how these financial considerations might affect an IEP. Regardless, there are options for redress.

Mississippi Special Education Dispute Resolutions

At any point during the MET's evaluation process, annual IEP revisitation, or whenever a parent disagrees with how the school or special education staff are handling their child's academic pathway, dispute resolution is possible. Mississippi has a few different ways to prevent and address issues like those listed below:

• Mediation: While mediation is a voluntary process, it can sometimes be used as a mechanism of negotiation while seeking further means of redress. The MDE assigns a third-party official to help both parties make a mutual decision. Once the dispute is resolved, it is a legally binding decision.
• Formal State Complaint: Parents may file alleged violations of their child's rights during the evaluation or instruction process to resolve disputes over IEPs or special education services. The MDE will conduct an investigation lasting no longer than 60 days after receiving the complaint. An impartial hearing officer will render a legally binding decision if agreed upon by both parties.
• Due Process Complaint: As a more expansive option than a state complaint, the MDE will assign an administrative law judge (ALJ) to hear legal arguments from the parties or their representatives. This ALJ's decision is final unless civil action is sought through an appeal.

Dispute resolution mechanisms in Mississippi aim to provide a fair and impartial way to address conflicts related to special education services and ensure that the rights of students with disabilities are upheld. The process is designed to be accessible, equitable, and focused on achieving the best possible educational outcomes for students while respecting the concerns and rights of parents and guardians. However, there are times when parents have exhausted all methods of action.

Fortunately, the Lento Law Firm's Education Law Team is no stranger to how Mississippi handles student IEPs and other provisions related to special education. Getting in touch with a team of attorneys will help you gain the assurance you need that your child's education is safeguarded.

Areas the Lento Law Firm Serves in Mississippi

The Lento Law Firm's Education Law Team has assisted students with disabilities and their parents throughout Mississippi, like those in the following metropolitan areas:

• Jackson
• Gulfport
• Southaven
• Hattiesburg
• Biloxi
• Tupelo
• Meridian
• Olive Branch
• Greenville

Mississippi has a diverse geography and population. While other states categorize local school districts into regional entities managed by larger education agencies, Mississippi classifies most within their respective combined statistical areas (CSAs) and metropolitan statistical areas (MSAs) like the following:

1. Jackson-Vicksburg-Brookhaven CSA: Clinton Public School District, Hinds County School District, Pearl Public School District, Rankin County School District, Canton Public School District, Madison County School District, Yazoo City Municipal School District, Yazoo County School District, Copiah County School District, Hazlehurst City School District, Brookhaven School District, and the Lincoln County School District.
2. Gulfport-Biloxi MSA: Biloxi Public School District, Gulfport School District, Harrison County School District, Long Beach School District, Pass Christian School District, Jackson County School District, Moss Point School District, Ocean Springs School District, Pascagoula-Gautier School District, Bay St. Louis-Waveland School District, and the Hancock County School District.
3. Memphis MSA: Senatobia Municipal School District, Tate County School District, Holly Springs School District, and the Marshall County School District.
4. Hattiesburg-Laurel CSA: Forrest County School District, Hattiesburg Public School District, Petal School District, Perry County School District, Richton School District, East Jasper School District, West Jasper School District, Jones County School District, and the Laurel School District.
5. Tupelo-Corinth CSA: Baldwyn School District, Lee County School District, Nettleton School District, Tupelo Public School District, Pontotoc City School District, Pontotoc County School District, Baldwyn School District, Booneville School District, Prentiss County School District, Itawamba County School District, Alcorn School District, and the Corinth School District
6. Meridian MSA: Enterprise School District, Quitman School District, Lauderdale County School District, and the Meridian Public School District
7. Columbus-West Point CSA: Columbus Municipal School District, Lowndes County School District, and the Mississippi School for Mathematics and Science.
8. Cleveland-Indianola CSA: Cleveland School District, North Bolivar Consolidated School District, and the West Bolivar Consolidated School District.
9. Picayune MSA: Pearl River County School District, Picayune School District, and the Poplarville School District.

Given its large swaths of rural settlement, there are many schools and school districts that don't fall into a CSA or MSA. There are over two dozen counties in the state that have a single school district—like DeSoto County's DeSoto County School District and Adams County's Natchez-Adams School District. Additionally, there is a non-public district operated by the Mississippi's Choctaw Indians, the Choctaw Tribal School System, which has MDE accreditation.

With the different types of schools Mississippi has—from traditional settings in large metropolitan areas, to private and vocational schools in small towns and sparsely populated counties—generalized approaches to education don't help students with IEPs. Parents must be aware that even though a school or MET may claim the district or LEA doesn't have the resources to provide necessary accommodations, students always have the opportunity to get what they need.

Protect Your Student's Right to an Education in Mississippi

Mississippi offers valuable resources for students with disabilities and their parents under federal law. While disagreements and issues with schools may arise, seeking resolution independently is time-consuming, and everyday your child goes without an appropriate IEP or needs services, the further they fall behind. As a dedicated parent, reach out to the Lento Law Firm's Education Law team today for assistance.

School administrators may assert that their institution or district is acting in the best interest of the child, but the complexities of the system often remain obscured and challenging for parents to navigate. Given the high stakes for your child, having a team of advocates familiar with the workings of IDEA, avenues of dispute resolution, and the administrative processes of MDE is essential.

Local lawyers may claim to rely on their personal relationships with school district officials or insist on "unique approaches" to handling matters. Relying exclusively on local attorneys can be a common misconception that leaves parents without the necessary support to aid their children. Administrative proceedings with state agencies through dispute resolution differ greatly from court proceedings. The Lento Law Firm stands prepared with devoted attorneys ready to assist you and your child throughout any process to provide better access to the services they require, like IEPs, reasonable accommodations, program modifications, and other federally-backed provisions.

Education is a fundamental right, and schools cannot discriminate against students based on their performance or any disability. However, they may not consistently fulfill their legal obligations to develop and implement a student's IEP and other essential support systems. The nationwide Lento Law Firm will support Mississippi students in urban, suburban, and rural areas. We collaborate with families to safeguard their children's right to an inclusive education. Call 888-535-3686 or reach the Education Law Team online now.