Mississippi Administrative Code
Title 31 - Public Safety
Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES
Chapter 3 - Programming & Access
Rule 31-9-3.1 - Education

1. During admission, youth shall receive a brief educational history screening with respect to their school status, special education status, including but not limited to 504 status, grade level, grades, and history of any disciplinary actions, including suspensions or expulsions. This information is used to determine initial placement in the facility's educational program.

2. Staff shall enroll youth in the facility school at the earliest possible time and, at the latest, within three days of admission to the facility during the sponsoring school district's academic and six-week enrichment program, excluding weekends and legal holidays.

3. No later than ten days after admission to the facility, youth are to begin an extended detention education program. A team consisting of a certified teacher provided by the local sponsoring school district or a private provider agreed upon by the youth court judge and sponsoring school district, the appropriate official from the local home school district, and the youth court counselor or representative develop an individualized eacademic program for the youth, where appropriate as determined by the teacher of the sponsoring school district, or a private provider agreed upon by the youth court judge and sponsoring school district. The youth's parent or guardian participates in the team unless excused by the youth court judge. Failure of any party to participate does not delay implementation of this education program.

4. The sponsoring school district provides 330 minutes of instruction per school day per student.

5. The sponsoring school district provides instruction inside the detention facility for the minimum number of days per year, including a six-week summer enrichment program, in accordance with the requirements of Miss. Code. Ann. § 43-21-321.

6. School classes are held in an appropriate, dedicated space.

7. The sponsoring school district provides adequate staff (including special education staff) to meet state student-to-teacher ratios for education. Staff are qualified and hold appropriate credentials, including any specialized credentials necessary for providing special education programming or instruction for youth with limited English proficiency.

8. The sponsoring school district identifies youth with limited English proficiency and provides appropriate instruction for those students to allow for meaningful access to the curriculum.

9. The sponsoring school district provides adequate substitute teaching staff to cover teaching duties of staff who are on vacation, sick, or otherwise not available. The sponsoring school district provides substitute teachers in order to ensure the continuation of educational services to youth in the detention facility in accordance with the sponsoring school district's policy and procedures for students in the traditional school setting.

10. The facility school is annually reviewed and evaluated by the Mississippi Department of Education pursuant to Mississippi Code § 43-21-321.

11. The sponsoring school district provides the curricula required by the state for graduation from high school, including preparation for any required state examinations.

12. The sponsoring school district awards credit (including partial credit) for work completed and forwards the youth's education records from the facility to other schools upon the youth's exit from the facility.

13. The sponsoring school district complies with 20 U.S.C. §§ 1440, et. Seq. (IDEA) and applicable state law, including Miss. Code. Ann. 37-23-1, for students with educational disabilities.

14. Students entering with an existing 504 plan receive interim services that match the plan as closely as possible.

15. The sponsoring school district provides High School Equivalency Program (HiSEP) for appropriate youth.

16. Youth in isolation or room confinement receive an education program comparable to youth in other units in the facility in compliance with the local sponsoring school district's written policy. For the safety of others, a student receives counseling as it relates to the incident that caused reassignment, prior to reentering the classroom.

17. Behavior interventions, as outlined in the youth's IAP/IEP are developed for youth whose behavior interferes with their school attendance and progress.

18. The sponsoring school district provides youth with reading materials geared to the reading levels, interests, and primary languages of confined youth. Youth have reasonable access to such materials.

19. These standards do not negate the responsibility of a youth's local school district to provide for his or her special education needs pursuant to federal and state law.

20. Upon request by the sponsoring school district, the local school district of any student receiving educational services reimburses the sponsoring school district pursuant to Miss. Code Ann. § 43-21-321(12).

21. The State Department of Education is responsible for ensuring compliance with this section. Facilities are neither penalized nor have their licenses withheld for failure to comply with areas beyond the control of the detention facility itself.

22. These standards are intended to be consistent and are to be considered in conjunction with the provisions of Miss. Code. Ann. § 43-21-321.