Code: IDDF (19)
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 DJJcontracted
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 Development 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.
Authority O.C.G.A. § 20-2-133; 20-2-150; 20-2-152; 20-2-168.
Adopted: March 11, 2010 Effective: March 31, 2010