Ga. Comp. R. & Regs. R. 160-4-7-.01 - Purpose for Exceptional Students Rules
(1) PURPOSE. These rules are
designed to:
(a) Ensure that all eligible
children with disabilities have available to them a free appropriate public
education (FAPE) that emphasizes special education and related services
designed to meet their unique needs and prepare them for further education,
employment and independent living; [34 C.F.R. §
300.1(a)]
(b) Ensure that the rights of children with
disabilities and their parents are protected; [34 C.F.R. §
300.1(b)]
(c) Assist educational agencies to provide
for the education of all children with disabilities; and [34 C.F.R. §
300.1(c)]
(d) Assess and ensure the effectiveness of
efforts to educate children with disabilities. [34 C.F.R. §
300.1(d)]
(2) APPLICABILITY TO STATE
AND LOCAL AGENCIES.
(a)Public agencies
within the State. These provisions -
1. Apply
to all political subdivisions of Georgia that are involved in the education of
children with disabilities, including:
(i) The
Georgia Department of Education (GaDOE);
(ii) Local educational agencies (LEAs),
regional educational service agencies (RESAs), state schools and state charter
schools;
(iii) Other State agencies
with educational programs and schools such as the Department of Human Resources
and Department of Labor; and,
(iv)
The Department of Corrections, Department of Juvenile Justice and other local
correctional facilities. [34
C.F.R. §
300.2(b)(1)(i) -
(iv)]
2. Are binding on each public agency in the
State that provides special education and related services to children with
disabilities, regardless of whether that agency is receiving funds under the
Individuals with Disabilities Education Improvement Act (IDEA 2004).
[34 C.F.R. §
300.2(b)(2)]
(b)Private schools and facilities.
Each public agency in the State is responsible for ensuring that the rights and
protections under IDEA 2004 are given to children with disabilities -
1. Referred to or placed in private schools
and facilities by that public agency; or
2. Placed in private schools by their parents
when FAPE is at issue. [34
C.F.R. §
300.2(c)(1) -
(2)]
(3)
STATE ADVISORY PANEL. The
State must establish and maintain an advisory panel for the purpose of
providing policy guidance with respect to special education and related
services for children with disabilities in Georgia. [34 C.F.R. §
300.167]
(a) The advisory panel must consist of
members appointed by the State Board of Education, be representative of the
State population and be composed of individuals involved in, or concerned with
the education of children with disabilities, including:
1. Parents of children with disabilities
(ages birth through 26);
2.
Individuals with disabilities;
3.
Teachers;
4. Representatives of
institutions of higher education that prepare special education and related
services personnel;
5. State and
local education officials, including officials who carry out activities under
subtitle B of title VII of the McKinney-Vento Homeless Assistance Act,
(42 U.S.C.
11431
et seq.);
6. Administrators of programs for children
with disabilities;
7.
Representatives of other State agencies involved in the financing or delivery
of related services to children with disabilities;
8. Representatives of private schools and
public charter schools;
9. Not less
than one representative of a vocational, community, or business organization
concerned with the provision of transition services to children with
disabilities;
10. A representative
from the State child welfare agency responsible for foster care; and
11. Representatives from the State juvenile
and adult corrections agencies. [34 C.F.R. §
300.168(a)(1) -
(11)]
(b) Special rule. A majority of the members
of the panel must be individuals with disabilities or parents of children with
disabilities (ages birth through 26). [34 C.F.R. §
300.168(b)]
(c) Duties. The advisory panel must:
1. Advise the GaDOE of unmet needs within the
State in the education of children with disabilities;
2. Comment publicly on any rules or
regulations proposed by the State regarding the education of children with
disabilities;
3. Advise the GaDOE
in developing evaluations and reporting on data to the Secretary of the United
States Department of Education;
4.
Advise the GaDOE in developing corrective action plans to address findings
identified in Federal monitoring reports; and
5. Advise the GaDOE in developing and
implementing policies relating to the coordination of services for children
with disabilities. [34
C.F.R. §
300.169(a) -
(e)]
(4) LIMITATION. Unless
specifically stated in these Rules, it is not the intention of these Rules to
change or expand the rights or responsibilities provided under any Federal law
or regulation.
(5) This rule
shall become effective July 1, 2007.
Notes
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