7 Miss. Code. R. 34-B-300.156

Current through December 10, 2024
Section 7-34-B-300.156 - Personnel qualifications
(a)General. The SBE establishes and maintains qualifications to ensure that personnel necessary to carry out the purposes of the IDEA 2004 regulations are appropriately and adequately prepared and trained, including that those personnel have the content knowledge and skills to serve children with disabilities.
(b)Related services personnel and paraprofessionals. The personnel qualifications must include qualifications for related services personnel and paraprofessionals that-
(1) Are consistent with any SBE-approved or recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or related services; and
(2) Ensure that related services personnel who deliver services in their discipline or profession-
(i) Meet the requirements of paragraph (b)(1) above; and
(ii) Have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis; and
(iii) Allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with Mississippi law, regulation, or written policy, in meeting the requirements of IDEA 2004regulations to be used to assist in the provision of special education and related services under IDEA 2004 regulations to children with disabilities.
(c)Qualifications for special education teachers. The personnel qualifications described in paragraph (a) of this section must ensure that each person employed as a public school special education teacher in Mississippi who teaches in an elementary school, middle school, or secondary school is highly qualified as a special education teacher by the deadline established in Qualifications for Teachers and Paraprofessionals, section 1119(a)(2) of the ESEA.
(d)Policy. LEAs in Mississippi are required to take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education and related services under IDEA 2004 regulations to children with disabilities.
(e)Rule of construction. Notwithstanding any other individual right of action that a parent or student may maintain under IDEA and its implementing regulations, nothing herein shall be construed to create a right of action on behalf of an individual student or a class of students for the failure of a particular public agency employee to be highly qualified, or to prevent a parent from filing a complaint about staff qualifications with the MDE as provided for under the IDEA 2004 regulations.

7 Miss. Code. R. 34-B-300.156