7 Miss. Code. R. § 3-74.10 - Special Grant Selection Criteria

Current through April 7, 2022

If during the school year a special education class exceeds the maximum enrollment according to the regulations in the Referral to Placement Handbook, Part II, a request for an exemption will be submitted to the State Department of Education. The maximum class enrollment for each type of special education program is as follows:

Resource Program


Self-Contained Program


Home/Hospital Program


Language/Speech Program


Preschool (ages 3-5) Home-Based Program


Preschool Community-Based Program


Preschool Combination of Home-Based and Community-Based Program


Preschool School-Based, Full-Day Program


Preschool School-Based, Single Half-Day Program


Preschool School-Based, Two Half-Day Programs


1. The request will describe the situation and provide justification as to why the exemption should be approved to include at a minimum the following:
a. the number of special education teachers in that school who serve students with disabilities, the enrollment of each teacher; and why appropriate services cannot be provided by one of those teachers in that school,
b. a clear description of why an additional class cannot be added to take care of the overload,
c. whether there is a school reasonably close by to which the children over the maximum could be transferred, and
d. other emergency, hardship, or special situations which justify the exemption.
2. State Department of Education staff (Exemptions Committee) will review the request for exemption and make a recommendation to the State Board as to whether it should be granted.
3. The State Board will consider requests at its monthly meetings.
4. A school district may appeal the denial of an exemption by requesting to appear before the State Board at its next meeting.
5. The State Board's decision on an appeal is final.


7 Miss. Code. R. § 3-74.10
Miss. Code Ann. § 37-1-3 (Adopted 8/1993)
Adopted 12/30/2015

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