OVERVIEW OF THE STATE RULES FOR SPECIAL EDUCATION Georgia Department of Education Division for Special Education Services and Supports 1870 Twin Towers

OVERVIEW OF THE STATE RULES FOR SPECIAL EDUCATION

Georgia Department of EducationDivision for Special Education Services and Supports

1870 Twin Towers EastAtlanta, Georgia 30334

General Information

• Rules adopted by the State Board of Education on June 14, 2007.

• Effective date July 1, 2007 but IDEA has been in effect for two years already.

• Two items exceed federal regulations:– Transition age– IEP amendment and sending parents a copy

• Implementation manual expected to be available early August

• New model/sample forms are on GaDOE.orgGeorgia Department of Education

Kathy Cox, State Superintendent of Schools

Free and Appropriate Public Education (FAPE)

• Public education at no cost to parents• Ages three through twenty-one• FAPE entitlement begins by the third birthday• Children advancing from grade to grade may

be entitled to FAPE– Even if that child has not failed or been retained

• Children who have graduated from high school but who have not received a regular high school diploma

Georgia Department of EducationKathy Cox, State Superintendent of Schools

FAPE

• When a student turns 22, the system must have a written procedure that identifies a process for completing services.

– LEAs shall state in writing:• a goal to secure the successful transition of students to their

desired post-school outcomes• whether services will cease on the 22nd birthday, or continue

until the end of the semester or the end of the year. • notification to the adult student and the parent that no

individual entitlement to FAPE or other rights are afforded the student upon reaching age 22.


FAPE

• May not deny services due to determination of funding source

• The LEA must notify the parent each time it proposes to access public benefits

• This may be done annually in conjunction with the IEP services listed

• Any usage of public or private benefits should not cost parents money nor reduce future benefits


FAPE

• Accessible materials– Print instructional materials must be provided in

specialized formats to students who are blind and other print disabled.

• Applies to textbooks and related core materials required for classroom use.

• Provided in the following formats: braille, large-print, digital.

• Does not include altering the content (breadth, depth, or complexity)


FAPE

• Accessible materials– Definition of children who are blind and other print

disabled– Certification of children for specialized format

materials– National Instructional Materials Accessibility Standard

(NIMAS)– Coordination with the National Instructional Materials

Access Center (NIMAC)• Assurances form• Provision of publisher files


FAPE

• Accessible materials– Obligation for providing materials to children who do

not qualify under the definition of blind and other print disabled.


FAPE

• Assistive technology– Required AT devices and services are provided as a

part of student’s special education, related services or supplemental aids and services.

• AT devices do not include medical devices that are surgically implanted.

• AT services do not include mapping and programming of cochlear implants.

– Each IEP team must consider the student’s need for AT.


FAPE

• Assistive technology– Evaluations are conducted when the IEP team can not

determine AT needs or identify appropriate devices through the consideration process.

– Required AT devices and services should be included in the IEP.

– AT required for participation in classroom and state assessments should be specified in the IEP.

– School purchased AT should be made available in home and other non-school settings when the IEP Team determines that it is required in those settings.


FAPE

• Extended School Year– Must be determined annually on an individual basis– Is not limited to summer or summer school– Consider multiple factors to determine whether a

student needs ESY:age of the student; the severity of the student’s disability;

progress on skills in the IEP and/or transition plan; the rate of progress for the student or the rate of regression; the relative

importance of the IEP goals at issue; whether related services are needed to enable the student to progress toward IEP goals;

whether there were any delays or interruptions in services during the school year; and other pertinent information such as emerging skills.


FAPE

• Nonacademic services• Physical education• Full educational opportunity goal• Incarcerated children• Routine checking of hearing aids and other

components• Prohibition on mandatory medication


FAPE

• Charter schools– Children and parents retain all rights to FAPE under

IDEA– When part of the LEA

• Serve children in the same manner as the LEA serves children in other schools including:

– Related services– Funding

– When acting as an LEA• Responsible for all components of IDEA and state

rules Georgia Department of EducationKathy Cox, State Superintendent of Schools

Child Find Procedures

• Must have policies or procedures to ensure all children with disabilities are identified located and evaluated

– Including children who are homeless, wards of the state, attending private schools, attending charter schools, home-schooled, migrant, incarcerated in city/county jails or correctional facilities

– Annual notice must be published to notify parents of activity

• Student referrals for special education evaluation must be preceded by evidence based academic or behavioral interventions


Evaluations and Reevaluations

• Comprehensive evaluation prior to initial provision of special education

• 60 calendar days to complete evaluation– 90 calendar days in the summer– five consecutive school days shall not count

• Parental consent for evaluation– Required before proceeding if initial evaluation– May use due process or mediation

• Except for home schooled or parentally placed private school children



• Reevaluation– Must be considered every three years– Parent or teacher may request reevaluation even

though the team did not think necessary• Parents receive notice of this right to request

– May not occur more than one time per year– Consent must be obtained unless the parent fails to

respond after reasonable efforts to obtain consent and it is well documented



• Procedures to determine academic, functional and developmental needs:

– No single procedure may be used– Administered in the native language or other mode of

communication– Assessed in all areas related to the suspected

disability that can also include medical, psychological, social, emotional, vision and hearing

– Conducted by multidisciplinary team



• Other procedures– Includes input from parent and/family– Reviews all current data available including data

provided by the parents from private evaluations that meet the state criteria

– Evaluations must be conducted before determining that a child is no longer a child with a disability, except for graduation

• Graduation is a change of placement and requires prior written notice

• Summary of Performance for those who receive a diploma or age out


Eligibility

• Determination of eligibility– A group of qualified professionals and the parents of

the child determine whether the child is a child with a disability and the educational needs of the child

– A copy of the evaluation report and the determination of eligibility provided to the parent.

• Eligibility report shall explain the team decision, eligible or not eligible

– A child shall not be a child with a disability if primary factor includes:

• Lack of appropriate instruction in reading or math• Limited English proficiency


Eligibility

• Autism Spectrum Disorder• Deafblind• Deaf/Hard of Hearing• Emotional and Behavioral Disorder• Intellectual Disability• Orthopedic Impairment


Eligibility

• Other Health Impaired• Significant Developmental Delay• Specific Learning Disability• Speech-Language Impairment• Traumatic Brain Injury• Visual Impairment


Individualized Education Program

• Present level of academic achievement and functional performance

• IEP must enable child to be involved in and make progress in the general education curriculum

• Short term objectives only required for those who participate in the GAA

• Measurable transition goals required in employment, education and training and based on assessments, prior to entry to high school or age 16, whichever comes first



• Team members remain the same– Excusal procedures– Permission required to invite transition agencies

• Parent participation is critical– Encourages use of other avenues if cannot attend

• IEP must be in effect 30 days after determination of eligibility

• FAPE must be provided to students who transfer from another district or state with an IEP in effect



• Assessment must be included in the IEP– IEP teams may not select accommodations not

allowed on state or district tests

• IEP amendments are allowed without a meeting by agreement between the parents and the LEA.

– The LEA must send the parent a copy of the IEP as amended

• Minutes are not required


Least Restrictive Environment

• Children shall be educated with children who are not disabled.

• A child should not be removed from the age-appropriate regular classroom solely because of needed modifications in the general education classroom.

• A system must have a full continuum of alternative places available

• The right to LRE extends to nonacademic and extracurricular activities.


Confidentiality of Personally Identifiable Information

• Closely ties with the requirements of FERPA• Parent rights include:

– The right to inspect and review all records– The right to have a representative of the parent

inspect and review the records– Request records be amended

• Hearing by the LEA and/or• Statement in the file

– Consent before disclosing information except for authorized entities


Confidentiality of Personally Identifiable Information

• Parent rights also include– Record of parties obtaining access– Notice before records are destroyed– Protection of confidentiality


Procedural Safeguards/Parent Rights

• Procedural safeguards notice given:– At least annually and upon any of the following:

• Initial referral or parent request for evaluation• Receipt of the first state complaint each school year• Receipt of first request for due process hearing each

school year• Upon notice to the parent of a removal under

discipline procedures when the removal is a change of placement

• Upon request of the parent• May be given electronically if parent agrees


Discipline

• Removal of up to ten days without considering change of placement or provision of services

• After ten days, in most cases, services must be provided to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the IEP


Discipline

• Receive a FBA and BIP to address the behavior so that it does not occur again

• After the ten days, the IEP team determines the placement and the appropriate services

• Manifestation determination must occur within ten school days of any decision to change placement due to violation of code of student conduct

• Appeals through expedited due process hearings


Surrogate Parent

• Every LEA must have procedures to identify and train individuals to be surrogate parents

• Every LEA must have procedures to determine that a child needs a surrogate


Dispute Resolution

• Complaints– Systems must respond to the GaDOE within ten days– Systems must respond to the complainant and

attempt to resolve– One year statute of limitations for filing

• Mediations– Agreements are legally binding– Failure to complete an agreement may be brought as

a state complaint


Dispute Resolution

• Due Process hearings including early resolution meetings

– Two year statute of limitations– Timeline includes a 30 day resolution period

• The resolution session must happen within 15 days

– Mediation or resolution session must be used or waived by both parties

– Attorneys fees can be sought for frivolous due process hearings


Private schools

• Parentally placed private school children– Private school must meet the definition of a private,

nonprofit elementary or secondary school– System in which the private school is located is

responsible for identification, evaluation and making services available

– Children who attend preschool programs that are not elementary or secondary schools and are not in their district of residence may not be entitled to services under this requirement


Private schools

• Children in private schools placed by the System

– Systems must visit one time per year– Private school must meet the standards of the state

and the system– Students must be assessed in state assessments

• Children in private schools placed by parents when FAPE is at issue


Personnel, Facilities and Caseloads

• Criteria for personnel– including interpreters

• Facility – Size of 38 square feet per child– must be comparable to general education

• Class size and caseload repeated in the rule


Georgia Network for Educational and Therapeutic Support (GNETS)

• Name change to more accurately define the mission of GNETS

• In order for a child to be considered for in-class services by GNETS, there must be documentation of prior extension of less restrictive services and data which indicate such services did not enable the child to benefit educationally.

• Exit criteria are developed upon a child’s entry into the GNETS program.


Others

• GLRS• Grants for Services• Services for Agencies• Mandatory Predeterminations of Local

Educational Agency’s Inability to Provide Services to a Student(s) with a Disability

• Definitions– Includes a few not found in IDEA such as FBA and

BIP


For additional information, contact:

Georgia Department of EducationDivision for Special Education Services and Supports

1870 Twin Towers EastAtlanta, Georgia 30334

404-656-3963Website: http://www.gadoe.org/ci_exceptional.aspx

Documents

OVERVIEW OF THE STATE RULES FOR SPECIAL EDUCATION Georgia Department of Education Division for Special Education Services and Supports 1870 Twin Towers