Families as Allies typically does not take stances on legislation unless it is directly related to our mission. This week, we want to highlight two bills that might be relevant to your family, particularly if anyone at your child’s school has ever told you your child needs a risk assessment. House Bill 1132 and Senate Bill 2511 outline plans to establish standardized risk assessment protocols in Mississippi schools.
We often get calls from families who have been called by their child’s school and told to come pick up their child due to their behavior and instructed not to bring the child back until they have gotten them a risk assessment from a mental health professional. These children frequently appear to have disabilities that adversely affect their learning that are not being addressed at school, even though federal law requires schools and school districts to proactively find, assess, and accommodate children with disabilities.
We have concerns that these bills, if passed in their current states, could have unintended consequences for children with disabilities. They do not appear to coordinate with the federal Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act. We also believe these bills could be better coordinated with multi-tiered systems of supports already required in Mississippi schools and 2022 Federal Guidance from the Office of Civil Rights about ensuring that students with disabilities are not treated in in discriminatory way during risk assessments (risk assessment information starts on page 22).
Our initial review of other states indicates that some states have developed effective risk assessment protocols that use the same tool these bills propose, but those protocols coordinate with disability laws and also include families as partners.
We will offer support on these issues for those bills that progress. We urge legislators to include families of children with disabilities from the very beginning of planning any piece of legislation that affects us. No one, including any state agency, can speak for us other than us. We want the very best for our children and know what will help them. We are eager to work with you to create policies and laws that keep all children safe and help all children thrive.
If you have feedback about these bills, contact Senate Education Chairman Dennis DeBar and House Education Chairman Rob Roberson.
