Compilation of Rules and Regulations of the State of Georgia
Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION
Chapter 160-4
Subject 160-4-7 - SPECIAL EDUCATION
Rule 160-4-7-.18 - Grants For Services
Universal Citation: GA Rules and Regs r 160-4-7-.18
Current through Rules and Regulations filed through March 20, 2024
(1) DEFINITIONS.
(a) Definitions related to all special
education rules can be found in State Board of Education Rule
160-4-7-.21
DEFINITIONS.
(2) AUTHORIZATION.
(a) The State
Board shall have authority to provide grant funds for the implementation of
other educational programs or additional personnel for the unique needs of
children with disabilities.
(b) The
Local Educational Agency (LEA) in receipt of these grant funds shall ensure a
free appropriate public education (FAPE) for children with disabilities and
follow state and federal regulations and Georgia Department of Education
(GaDOE) state board rules for implementation of these
programs.
(3) GRANT FOR RESIDENTIAL AND REINTEGRATION SERVICES.
(a) The Residential and Reintegration
Services Grant is available to an LEA making a referral to a GaDOE-approved
residential private school or facility when the LEA is unable to provide
appropriate special education and related services to a child with disabilities
within the boundaries of the LEA, within a regional program operated by the
LEA, or within an educational setting operated by the State of Georgia.
1. Private schools to which children are
recommended for placement shall be accredited.
(b) LEAs with children with disabilities
meeting the criteria in Paragraph (2)(a) may be eligible to receive partial or
total funding for educational costs, related services, and room and board. LEAs
must assume all costs for transportation expenses.
(c) Educational costs funded through the
Residential and Reintegration Services Grant program shall be shared between
the LEA and the GaDOE. The LEA shall assume the cost prior to grant application
submission and approval. GaDOE, as state funding permits, will reimburse the
approved costs assumed prior to the grant application and included in the
proposed approved budget submitted with the grant application.
1. If there is insufficient state funding to
cover approved costs or budgets, the LEA shall assume a percentage of the total
cost equal to the percent of local funds utilized for the educational costs,
related services, and room and board. The GaDOE shall maintain a record of the
percent requirement for LEAs and state participation in this program.
2. It is the LEA's responsibility to initiate
and submit an application for the Residential and Reintegration Services Grant.
The LEA may use other funds from public or private agencies to assist in the
cost of educating a child in a residential private school or facility, provided
the services are arranged by the LEA.
(d) LEAs that apply for assistance shall
assume full responsibility for the cost of educating a child in a residential
private school or facility at the time of submitting an application. Grants are
not automatically funded. Approval for grant applications shall be based on the
availability of funds. If there are more applicants than funding, the
applications will be approved based on the severity of the disabling condition.
The priorities are:
1. Children with profound
and severe disabilities requiring residential services who are wards of the
State.
2. Children with profound
and severe disabilities requiring reintegration from a residential
program.
3. Children with profound
disabilities needing residential services.
4. Children with severe disabilities needing
residential services.
(e)
This grant is also available to the Department of Human Services (DHS) and
Department of Behavioral Health and Developmental Disabilities (DBHDD) for
children with disabilities who are wards of the State and in their
custody.
(f) All children placed in
a residential private school or facility must have a reintegration plan
developed by the LEA's Individualized Education Program (IEP) Team. The
reintegration plan, which shall include a specific timeline, must detail the
process for moving the child toward a less restrictive environment. Parents
shall be invited to participate in the development of the reintegration plan
and with the transition.
1. LEAs may submit a
grant application for reimbursement of educational costs, correlated services,
and other costs directly related to the reintegration plan. GaDOE will
reimburse the approved costs assumed prior to the grant application and the
proposed approved budget submitted with the grant application as state funding
permits.
(g) All children
placed in a residential private school or facility or placed in a reintegration
program following full-time placement in a residential private school or
facility shall be observed at least once a year by an LEA representative. This
observation may coincide with the IEP annual review. The progress reports and
other related information for each child shall be reviewed at the IEP annual
review. Observations and reviews may take place more frequently as determined
by the IEP team.
(h) If a child who
is currently funded through the Grant for Residential and Reintegration
Services program becomes the subject of a due process hearing, fiscal
maintenance of the placement shall be continued, funds permitting; however, the
LEA is still responsible for payment.
(4) GRANT TO ACCESS STATE INTERAGENCY SERVICES.
(a) This grant is designed
to provide access for the education of children with disabilities who are
placed in one of the state-operated facilities for an appropriate educational
program designed to meet their unique needs.
(b) This grant may be used to reimburse
teacher costs, intake costs, and placement costs incurred by state agencies
that provide special education and related services to children with
disabilities.
(c) State agencies
may submit a grant application for reimbursement of teacher costs, intake
costs, and placement costs of these children incurred by the state agencies.
GaDOE will reimburse the approved costs assumed prior to the grant application
and the proposed approved budget submitted with the grant application as state
funding permits.
(d) The LEA's IEP
Team has the full and final responsibility for determining appropriate special
education services and the least restrictive environment for education
placement.
(e) The LEA's IEP Team
shall consult with the treatment team as to the appropriate location of
services and shall review the following: safety, level of behavioral control,
treatment factors, health, and any other medical
considerations.
O.C.G.A. §§ 20-2-152, 20-2-240.
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