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55 Rule 7.8 Suspension and Expulsion of Children

MDHS strongly discourages the use of expulsion, suspension, and other exclusionary discipline practices; these practices should only be used as a last resort. Child care providers are encouraged to access the technical assistance (TA) and resources provided by MDHS through TA partners and the Mississippi Early Childhood Inclusion Center (MECIC) to assist the provider in maintaining therapeutic inclusion of the child if at all possible. The provider should document evidence of appropriate behavioral interventions. Should a situation arise where there is documented evidence that all possible interventions and supports recommended by a qualified professional have been exhausted and it has been determined that transitioning a child to another program is necessary for the well- being of the child or his or her peers, providers are encouraged to take a series of documented steps to ensure a smooth transition into another setting that offers a rich social context and opportunities for interactions with socially competent peers so that the child’s learning and social skills practice are optimized in a natural environment. If the child has a disability and is receiving services under the Individuals with Disabilities Education Act (IDEA), the provider and MDHS shall ensure that additional applicable procedural safeguards and requirements are met.

Source: 45 CFR 98.16(ee); Miss. Code Ann. § 43-1-2(4); Miss. Code Ann. § 43-1-4 Revised: August 2025