OVERVIEW OF THE STATE RULES FOR SPECIAL EDUCATION

1. OVERVIEW OF THE STATE RULES FOR SPECIAL EDUCATION Georgia Department of Education Division for Special Education Services and Supports 1870 Twin Towers East Atlanta, Georgia 30334

2. 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.org Georgia Department of Education Kathy Cox, State Superintendent of Schools

3. 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 Education Kathy Cox, State Superintendent of Schools

4. 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. Georgia Department of Education Kathy Cox, State Superintendent of Schools

5. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

6. 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) Georgia Department of Education Kathy Cox, State Superintendent of Schools

7. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

8. FAPE • Accessible materials • Obligation for providing materials to children who do not qualify under the definition of blind and other print disabled. Georgia Department of Education Kathy Cox, State Superintendent of Schools

9. 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. Georgia Department of Education Kathy Cox, State Superintendent of Schools

10. 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. Georgia Department of Education Kathy Cox, State Superintendent of Schools

11. 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. Georgia Department of Education Kathy Cox, State Superintendent of Schools

12. FAPE • Nonacademic services • Physical education • Full educational opportunity goal • Incarcerated children • Routine checking of hearing aids and other components • Prohibition on mandatory medication Georgia Department of Education Kathy Cox, State Superintendent of Schools

13. 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 Education Kathy Cox, State Superintendent of Schools

14. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

15. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

16. Evaluations and Reevaluations • 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

17. Evaluations and Reevaluations • 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

18. Evaluations and Reevaluations • 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

19. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

20. Eligibility • Autism Spectrum Disorder • Deafblind • Deaf/Hard of Hearing • Emotional and Behavioral Disorder • Intellectual Disability • Orthopedic Impairment Georgia Department of Education Kathy Cox, State Superintendent of Schools

21. Eligibility • Other Health Impaired • Significant Developmental Delay • Specific Learning Disability • Speech-Language Impairment • Traumatic Brain Injury • Visual Impairment Georgia Department of Education Kathy Cox, State Superintendent of Schools

22. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

23. Individualized Education Program • 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

24. Individualized Education Program • 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

25. 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. Georgia Department of Education Kathy Cox, State Superintendent of Schools

26. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

27. Confidentiality of Personally Identifiable Information • Parent rights also include • Record of parties obtaining access • Notice before records are destroyed • Protection of confidentiality Georgia Department of Education Kathy Cox, State Superintendent of Schools

28. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

29. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

30. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

31. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

32. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

33. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

34. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

35. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

36. 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 Department of Education Kathy Cox, State Superintendent of Schools

37. 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. Georgia Department of Education Kathy Cox, State Superintendent of Schools

38. 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 Georgia Department of Education Kathy Cox, State Superintendent of Schools

39. For additional information, contact: Georgia Department of Education Division for Special Education Services and Supports 1870 Twin Towers East Atlanta, Georgia 30334 404-656-3963 Website: http://www.gadoe.org/ci_exceptional.aspx