Current through December 10, 2024
Section 7-34-C-300.220 - Exception for prior local plans(a)General. If an LEA or a State agency has on file with the MDE policies and procedures that demonstrate that the LEA or State agency meets any requirement of LEA Eligibility, including any policies and procedures filed under Part B of IDEA as in effect before December 3, 2004, the MDE must consider the LEA or State agency to have met that requirement for purposes of receiving assistance under Part B of IDEA.(b)Modification made by an LEA or State agency. Subject to paragraph (c) below (Modifications required by the MDE), policies and procedures submitted by an LEA or a State agency in accordance with this subpart (Subpart C - LEA Eligibility of the federal regulations) remain in effect until the LEA or State agency submits to the MDE the modifications that the LEA or the State agency determines are necessary.(c)Modifications required by the MDE. The MDE may require an LEA or a State agency to modify its policies and procedures, but only to the extent necessary to ensure the LEA's or State agency's compliance with Part B of IDEA or State law if- (1) After December 3, 2004, the effective date of IDEA of 2004, the applicable provisions of IDEA (or the regulations developed to carry out IDEA) are amended;(2) There is a new interpretation of an applicable provision of IDEA by federal or State courts; or(3) There is an official finding of noncompliance with federal or State law or regulations.7 Miss. Code. R. 34-C-300.220