HB 1078 Mississippi House · 2025 Regular Session

"Equal Opportunity for Students with Special Needs Act"; remove wait list requirement and restrictive certification of services language.

HB 1078 removes barriers for students with disabilities using Education Savings Accounts (ESAs) by eliminating the requirement for parents to certify school acceptance for services or provide IEP-specific documentation. It also removes waitlist restrictions for ESA eligibility and changes reimbursement payments from quarterly to monthly. The bill creates a new "Foster Child Education Scholarship Account" (FESA) program, funding foster children's education at the state's standard student base amount, with specific eligibility criteria and accountability standards for schools. These changes aim to streamline access to educational services for eligible students while maintaining program oversight through biennial reporting and administrative requirements.
Bill status died 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Feb 2025
House Passage
Feb 2025
Senate Passage
Governor
Introduced Feb 7, 2025 Last action Mar 4, 2025
Maddy AI version diff · 1 comparison

What changed between versions

As Introduced Current version · 10 edits
MAJOR
This bill significantly restructures Mississippi's Educational Scholarship Account (ESA) program by removing restrictive certification requirements for parents and schools, transitioning from quarterly to monthly reimbursement payments, and creating a new Foster Child Education Scholarship Account (FESA) program for foster children. The changes aim to reduce administrative barriers, increase program accessibility, and expand educational support options for vulnerable student populations.
Scope change
The bill expands the program scope by adding a new FESA program specifically for foster children while simultaneously broadening the existing ESA program by removing certification requirements that previously limited school participation.
REQUIREMENT

Eliminated the requirement for parents to certify that their student has been accepted into an eligible school qualified to provide services for disabilities or special education needs, reducing administrative barriers for families.

Removed the requirement that schools failing to meet certification requirements become ineligible for the following year, allowing more flexibility in program administration.

Eliminated the waitlist requirement for students eligible to receive ESAs under the Equal Opportunity for Students with Special Needs Act, improving access to the program.

Added requirements for eligible schools to conduct criminal background checks on employees and exclude persons not permitted by state law to work in nonpublic schools or who might pose a threat to student safety.

FISCAL

Changed reimbursement payment frequency from quarterly to monthly payments for service providers and parents, improving cash flow for families and schools.

Updated ESA funding amounts to be determined by the Mississippi Student Funding Formula rather than fixed amounts, with subsequent years adjusted proportionally to formula changes.

SCOPE

Created a new Foster Child Education Scholarship Account (FESA) program specifically for foster children in the custody of the Department of Child Protection Services.

DEFINITION

Established new definitions for FESA program terms including 'FESA program', 'eligible student', 'qualified expenses', 'eligible school', 'educational service provider', 'awarded FESA school year', and 'responsible agency official'.

ENFORCEMENT

Added provisions for the Department of Child Protection Services to manage FESA funds, submit annual reports to the Legislature, and coordinate with the State Department of Education for audits and program oversight.

TIMELINE

Required the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) to prepare a biennial report on FESA program efficacy beginning in 2027, assessing funding sufficiency and student performance.

Floor votes · House Feb 6, 2025

How they voted

1086
Passed · 5 other
Total votes 119
Feb 6, 2025
D Democratic39
30 Yea 4 Nay 5
76% Yea
I Independent2
2 Yea
100% Yea
R Republican78
76 Yea 2 Nay
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
6
Key actions
2
Committee
3
Feb 17, 2025
Committee
Referred To Education
upper
Feb 7, 2025
Introduced
Transmitted To Senate
lower
Feb 6, 2025
Lower · Passed
Passed
lower
Feb 4, 2025
Lower · Passed
Title Suff Do Pass
lower
Jan 20, 2025
Committee
Referred To Education
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jason White
Jason White
RRepublican
MS
48