Ga. Comp. R. & Regs. R. 160-4-7-.19 - Services for Agency - Placed Students
(1) PURPOSE.
(a) This Rule is designed to provide access
for students who are placed by the Department of Human Services (DHS),
Department of Behavioral Health and Developmental Disabilities (BHDD) or the
Department of Juvenile Justice (DJJ) in one of the DBHDD-operated facilities or
in contracted facilities and any child who is a patient in a facility licensed
by the State of Georgia to deliver intermediate care services, to an
appropriate educational program designed to meet the needs of the
student.
(2)
DEFINITIONS.
(a) DHS or DBHDD
contracted facility - a facility that is contracted by DHS or DBHDD to serve
clients placed by DHS or DBHDD. This includes public and private facilities for
which DHS or DBHDD contracts on a client-by-client basis for a residential
placement for an individual client.
(b) DJJ contracted facility - a facility that
is contracted by DJJ to serve clients placed by DJJ. This includes public and
private facilities for which DJJ contracts on a client-by-client basis for a
residential placement for an individual client.
(c) DHS or DBHDD operated facility - a
facility that is operated by DHS or DBHDD to serve clients placed by DHS or
DBHDD. This includes the regional hospital and outdoor therapeutic
programs.
(d) For purposes of these
rules, students placed by DHS or DBHDD in DHS or DBHDD-operated or contracted
facilities and students placed by DJJ in DJJ-contracted facilities are eligible
for education services in the LEA in which the facility is located.
1. A child is considered to be in the
physical or legal custody of DHS, DBHDD or DJJ or any of its divisions if
custody has been awarded either temporarily or permanently by court order or by
voluntary agreement and the child has been admitted or placed according to an
individualized treatment or service plan of DHS or DBHDD.
(e) For purposes of these rules, the
following students shall NOT be subject to these rules:
1. Students in a Department of Juvenile
Justice (DJJ) Youth Develo pment Center, regardless of custody
status.
2. Students in Department
of Corrections (DOC) facilities, regardless of custody status.
(3)
REQUIREMENTS.
(a) Notice.
1. Students with or without disabilities.
(i) For a student placed by DHS or DBHDD in a
DHS or DBHDD contracted or operated facility or a student placed by DJJ in a
DJJ contracted facility, the custodian of or the placing agency for the child
shall notify in writing the LEA in which the facility is located at least five
days in advance of the move, unless an emergency prohibits said custodian or
placing agency from so doing. The LEA's responsibility shall be in effect once
the student is physically present within the geographical area served by the
LEA.
(b)
Transfer of records. Transfer of education records and educationally related
records by a LEA, DHS, DBHDD or DJJ does not require signed parental/guardian
consent. However, the parents/guardians shall be notified and, upon request,
receive a copy of all transmitted information. The DHS/DBHDD/DJJ facility shall
furnish to the LEA the medical and educational records in the possession of the
DHS/DBHDD /DJJ facility pertaining to any such student, except where consent of
a parent or legal guardian is required to authorize the release of any such
records, in which event DHS/DBHDD/DJJ shall obtain such consent from the parent
or guardian prior to such release. When the custodian of or placing agency for
any child notifies a LEA that a child is to be moved into that LEA, such LEA
shall request the transfer of the educational records of the child from the
appropriate District or facility no later than ten days after receiving
notification.
(c) Educational
meetings.
1. Students without disabilities.
(i) After the receipt of the records and
within a period of five calendar days, the LEA superintendent or designee shall
schedule an educational planning meeting with a DHS or DBHDD and facility
representative. A record of the meeting shall be maintained by the LEA for
documentation. If a determination is made to refer to special education for
further evaluation, the procedures outlined for students with disabilities
shall be followed. The LEA, with input from DHS or DBHDD and facility staff,
shall have the responsibility for the determination of eligibility for students
identified as IDEA eligible.
2. Students with disabilities.
(i) Within five calendar days of receipt of
records the LEA shall contact the DHS or DBHDD facility and conduct an IEP
meeting. If the student is in the custody of DHS or DBHDD, a surrogate parent
shall be appointed.
(ii) In the
event that the parents/guardians are unavailable to participate in the IEP
development and an IEP has been developed by the LEA, a surrogate, as
appropriate, shall be appointed (in accordance with Rule
160-4-7.11 Surrogate) to represent
the student at IEP/placement meetings as long as the student resides at the DHS
or DBHDD facility. The LEA shall document attempts to notify the
parent(s)/guardian(s) and the LEA shall document that a copy of the IEP has
been forwarded to the current address of the parents/guardian although the
parents/guardians have been unresponsive or unavailable.
(iii) The LEA shall assume the responsibility
for scheduling and conducting the IEP meeting. The meeting shall follow all
State Board of Education rules for special education.
(iv) The LEA shall provide a free appropriate
public education, including services comparable to those described in the
previously held IEP, until such time as the LEA adopts the previously held IEP
or develops, adopts, and implements a new IEP. Based on needs addressed in the
IEP, determination shall be made as to where service shall be
provided.
(v) In the event that a
student is placed for a limited, specified time that is considered short-term
(under 60 calendar days), the responsible LEA shall provide a free appropriate
public education, including services comparable to those described in the
previously held IEP, until such time as the LEA adopts the previously held IEP
or develops, adopts, and implements a new IEP.
(vi) When the IEP Committee determines that
the least restrictive environment (LRE) for a student is the DHS or DBHDD
facility, the LEA shall continue to have oversight responsibility for the
educational program.
Notes
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