LOSS/REDUCTION IN FUNDINGIf a district does not comply with the requirements of the Mississippi Gifted Education Act of 1989, the requirements of the Mississippi Gifted Education Program Standards, the requirements of these gifted program regulations, or fails to correct a problem identified during a program monitoring visit, state funds for the gifted program shall be withheld from that district until such time that compliance occurs.
Prior to funds being withheld, the district shall be notified by certified mail of the intent to withhold funds and its right to request a hearing. Should the district decide to request a hearing, the following process shall be followed:
1. Within 10 calendar days after receipt of the notice, the district may apply in writing to the MDE to have a hearing.2. The MDE shall appoint a hearing officer from the staff at MDE who will hear the merits of the case within 30 calendar days of receipt of the written request for the hearing.3. It shall be the responsibility of each party to secure the attendance of its witnesses, if any, and any expenses attendant thereto shall be borne by the party calling that witness. Two copies of any written evidence shall be submitted, one for the hearing officer and one for the other party.4. The hearing officer shall require that all witnesses be sworn before offering testimony. The hearing officer shall not be bound by the common law or statutory rules of evidence or by formal rules for procedure and may conduct reasonable questioning of any witness. The hearing officer may limit the examination or cross-examination of any witness to keep the hearing focused on the issue of withholding funds and may recess/convene the hearing if necessary.5. The MDE shall make a record of the proceedings to include all documents introduced into evidence which shall be available for cost upon the written request of the applicant.6. Within 15 working days of the conclusion of the hearing, the hearing officer shall make a recommendation in the following format: (1) purpose of the hearing, (2) summary of evidence presented, and (3) conclusions and recommendations, a copy of which shall be sent to the parties by certified mail.7. The completed record along with the hearing officer's recommendation shall be certified to the SBE which shall at its next regularly scheduled meeting consider only the record and shall not consider any evidence or material not included within the record in reaching its final determination.8. The SBE shall make its written findings and issue its order, and notice shall be given the district by certified mail. The decision of the SBE is final.Miss. Code. tit. 7, pt. 10, LOSS/REDUCTION IN FUNDING