Section 7-34-B-300.176 - Exception for prior State plans(a)General. If Mississippi has on file with the Secretary policies and procedures approved by the Secretary that demonstrate that the State meets any requirement of §300.100(Eligibility for Assistance), including any policies and procedures filed under Part B of IDEA as in effect before, December 3, 2004, the Secretary considers the State to have met the requirement for purposes of receiving a grant under Part B of IDEA.(b)Modifications made by Mississippi.(1) Subject to paragraph (b)(2) below, policies and procedures submitted by the State in accordance with this subpart remain in effect until the State submits to the Secretary the modifications that the State determines necessary.(2) The provisions of this subpart apply to a modification to an application to the same extent and in the same manner that they apply to the original plan.(c)Modifications required by the Secretary. The Secretary may require Mississippi to modify its policies and procedures, but only to the extent necessary to ensure the State's compliance, if-(1) After December 3, 2004, the provisions of IDEA or the regulations in these policies are amended;(2) There is a new interpretation of IDEA by a federal court or Mississippi's highest court; or(3) There is an official finding of noncompliance with federal law or regulations.7 Miss. Code. R. 34-B-300.176