Compilation of Rules and Regulations of the State of Georgia
Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION
Chapter 160-4
Subject 160-4-2 - DIVISION OF GENERAL INSTRUCTION
Rule 160-4-2-.31 - Hospital/Homebound (HHB) Services
Universal Citation: GA Rules and Regs r 160-4-2-.31
Current through Rules and Regulations filed through March 20, 2024
(1) DEFINITIONS.
(a)
Adult Parent Designee - an
individual who is at least 21 years of age and who the parent designates to be
present during homebound instruction.
(b)
Chronic Health Condition - a
medical condition marked by a long duration or frequent recurrence.
(c)
Educational Service Plan (ESP)
- an individual plan for students receiving HHB service developed by the
local school team, to include a school reentry procedure. The plan may include
accommodations and modifications from a Section 504 plan, or Individualized
Education Program (IEP), as applicable.
(d)
Hospital/Homebound (HHB)
Services - academic instruction and other services provided to eligible
students who are confined at home or in a health care facility for periods of
time that would prevent normal school attendance based upon certification of
need by the licensed physician or licensed psychiatrist who is treating the
student for the presenting diagnosis.
(e)
Instruction - the teaching
of standards as defined by Georgia Performance Standards (GPS), the Georgia
Quality Core Curriculum (QCC), Section 504 plan, IEP, and any local curriculum
for the classes in which the HHB student is enrolled and under the direction of
the classroom teacher(s).
(f)
Intermittent HHB Service - HHB instruction and other services for
eligible students who have a medically diagnosed chronic health condition which
may cause the student to be absent at least a total of 10 school days for
intermittent periods per year or equivalent on a modified calendar or five
school days per year on a high school block schedule.
(g)
Licensed Physician - a
person licensed to practice medicine under state law O.C.G.A. §
43-34-21 and licensed by the
appropriate state board to assess the student's physical condition for which
the student is referred.
(h)
Licensed Psychiatrist - a person licensed to practice medicine
under state law O.C.G.A. §
43-34-21 and trained to practice
in the science of treating mental diseases to assess the student's psychiatric
and/or emotional condition for which the student is referred.
(i) Long-term HHB Service - HHB
instruction and other services for eligible students who have a medically
diagnosed chronic health condition which may cause the student to be absent
from school for more than nine consecutive weeks per year or equivalent on a
modified calendar.
(j)
Online
Learning Course - a State Board of Education-approved course of
instruction directly correlated to the state-approved curriculum that is
delivered via the Internet or in any electronic medium.
(k) School Day - a day as
specified by the local board of education which is the period between the time
students are required to be present and their dismissal (160-5-1-.02 SCHOOL DAY FOR
STUDENTS); ten school days on a regular high school schedule (six 50-minute
classes per day) is equivalent to five school days on a high school block
schedule.
(l)
Temporary HHB
Service - HHB instruction and other services for eligible students who
have a medically diagnosed physical or psychiatric condition, which confines
the student to home or hospital and restricts activities for nine weeks or
less, but for a minimum of ten consecutive school days or equivalent on a
modified calendar or a minimum of five consecutive days on a high school block
schedule.
(2) STUDENT ELIGIBILITY.
(a) The
local education agency (LEA) shall provide HHB services to students, including
students with disabilities, who meet the following eligibility requirements:
1. The student is enrolled in a public school
prior to the referral for HHB services.
2. The student must be anticipated to be
absent for a minimum of ten consecutive school days per year or the equivalent
on a modified calendar or the student has a chronic health condition causing
him or her to be absent for intermittent periods of time anticipated at a
minimum of ten school days per year or equivalent on a modified calendar or
five school days on a high school block schedule per year.
(i) A student with a chronic health condition
receiving intermittent HHB service must be anticipated to be absent for at
least three consecutive school days for each occurrence before he or she will
be eligible for HHB services.
3. The parent or guardian must sign the
parental agreement concerning HHB policies and procedures, and parental
cooperation. A release for medical information relating to the reason for the
request for HHB service may be required by the LEA.
(i) If the student is designated as an
emancipated minor or is 18 years of age or older, that student is eligible to
sign the parental agreement concerning HHB policies and procedures, parental
cooperation, and release for medical information relating to the reason for the
request for HHB services.
4. The LEA must receive a completed medical
referral form signed by a licensed physician or licensed psychiatrist who is
currently treating the student for the diagnosis presented. A statement from a
treating specialist may also be required.
(i)
The medical referral form shall contain a statement that includes the following
information:
(I) That the student is
anticipated to be absent for a minimum of ten consecutive school days per year
due to the relating documented medical condition or equivalent on a modified
calendar (or five consecutive school days on a high school block schedule);
or
(II) That the student with
chronic and long-term illnesses will be absent for at least ten school days or
equivalent on a modified calendar (or five school days on a high school block
schedule) which need not run consecutively; and
(III) That the student is able to participate
in and benefit from an instructional program; and
(IV) That the student can receive instruction
without endangering the health and safety of the instructor or other students
with whom the instructor may come in contact; and
(V) That describes the disabling condition or
diagnosis with any medical implications for instructional services.
(ii) The medical referral form for
a student with chronic or recurring conditions and long-term illnesses shall be
obtained and updated on a schedule defined within the ESP and submitted to the
LEA.
(b)
Students with absences due to psychiatric and/or emotional disorders, as
defined in the latest edition of the Diagnostic and Statistical
Manual (DSM), are eligible for HHB services for a length of time as
determined by the ESP provided that they satisfy the eligibility requirements
as set forth in Subsection (2)(a).
(c) Students with absences due to pregnancy;
related medical conditions, services, or treatment; childbirth; and recovery
therefrom are eligible for HHB services for a length of time as determined by
the ESP provided that they satisfy the eligibility requirements as set forth in
Subsection (2)(a). [Title IX,
34 C.F.R. §
106.40(b)(4).]
(d) Students with absences due to a
communicable disease, as specified in Rule
160-1-3-.03 COMMUNICABLE DISEASES,
are eligible for HHB services for a length of time as determined by the ESP
provided that they satisfy the eligibility requirements as set forth in
Subsection (2)(a).
(3) INITIATION OF HHB SERVICES.
(a)
The LEA may require the parent, guardian, emancipated minor or student who is
18 years of age or older to provide a properly signed release that complies
with the requirements of the Health Insurance Portability and Accountability
Act (HIPAA) that authorizes the licensed physician or licensed psychiatrist who
is treating the student to provide all requested records related to the
condition related to the request for HHB services to the LEA and to discuss the
student's situation and the need for HHB services with the school team. If the
release is required by the LEA, the form must be provided to the school team
prior to any decision regarding the need for HHB services.
(b) A completed written medical referral form
requesting HHB services must be submitted to the LEA for HHB services to be
considered.
(c) The request will be
forwarded to the appropriate local school team designee or IEP team, whichever
is appropriate, to assist in the development of an ESP to deliver the
appropriate HHB services. The ESP shall include a school re-entry plan. The
school team shall use input from the medical referral form completed by the
referring licensed physician or licensed psychiatrist who is treating the
student for the diagnosis presented. The appropriate local school designee or
IEP team responsible for the development of the ESP may consider requests for
extensions.
(d) Within five school
days of receiving the completed medical referral form, the LEA shall provide
written notification of the time and place of the local school team meeting, if
for general education students, or the IEP meeting, if for students with
disabilities, regarding HHB services.
(4) HHB INSTRUCTION.
(a) HHB instruction
shall be provided by a certified teacher, who is selected by the LEA in which
the student is enrolled. Students eligible for services under the Individuals
with Disabilities Education Act (IDEA) shall be served by appropriately
certified personnel.
(b) HHB
instruction may be offered, individually or in small groups, at the home of the
student, the health care facility in which the student is confined, through
online learning courses, or at other locations as identified in the ESP. The
type of HHB instruction offered is based on the ESP which takes into
consideration the cognitive ability and medical condition of the student.
1. To provide HHB instruction to a student
confined in a health care facility, the LEA in which the student is enrolled
shall arrange with or contract directly with the health care facility, the LEA
in which the health care facility is located, or the appropriately certified
teachers in the geographic area in which the health care facility is
located.
(c) Although
the local school team or IEP team shall determine the number of hours necessary
to meet the instructional needs of the student, the student must receive at a
minimum three hours of HHB instruction per school week to be considered present
by the school.
1. A parent, guardian, or an
approved adult parent designee as identified in the ESP shall be present during
each entire home instructional period in which an HHB instructor is
present.
2. If the student is
designated as an emancipated minor or is eighteen years of age or older, an
approved adult parent designees' presence is not required during each home
instructional period in which an HHB instructor is present.
3. If the student is unable to receive a
scheduled HHB instructional session during the school week due to his or her
medical condition as documented by the licensed physician or licensed
psychiatrist who is treating the student for the diagnosis for which he/she is
receiving HHB services, a make-up instructional session may be provided. Once
the student completes the make-up instructional session, the student shall be
counted in accordance with Rule
160-5-1-.10 Student
Attendance.
4. If the parent,
guardian, or the approved adult parent designee of the student cancels a
scheduled HHB instructional session, the student shall be counted absent. The
LEA may reschedule the canceled session.
5. Students confined in a health care
facility shall be counted present if the health care facility submits a HHB
Verification of Instruction form to the LEA HHB designee.
(d) HHB students must participate in required
state assessments as determined by the ESP or IEP. The appropriate local school
team or IEP team shall develop strategies to ensure the delivery of these
assessments services. If the student is medically able according to the
licensed physician treating the student for the diagnosis for which he/she
request HHB service, the student shall take the assessment in the school in
which he or she is enrolled.
O.C.G.A. Secs. 20-2-151, 20-2-152, 20-2-240, 43-34-21, 49-4-121.
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