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-.20 - Mandatory Pre - Determination of Local Educational Agency's Inability to Provide Services to a Student(s) With a Disability
Universal Citation: GA Rules and Regs r 160-4-7-.20
Current through Rules and Regulations filed through March 20, 2024
(1) REQUIREMENTS.
(a) Prior to any LEA determining it is unable
to serve an eligible child with disabilities, the local school superintendent
shall contact the state school superintendent to explore possible alternatives
for services. GaDOE shall provide assistance to the local school superintendent
in locating needed services, where appropriate.
(b) The State Board of Education may
determine that an LEA is unable to establish and maintain programs of free
appropriate public education. Should the state board make such determination,
the following procedures shall apply: Notice shall be given to the LEA of the
proposed determination; the LEA shall be given the opportunity to respond to
the proposed determination by presenting oral testimony and documentary
evidence to the state board; evidence and notice of such testimony shall be
sent to the state school superintendent 10 days before it is to be presented to
the state board; and the members of the state board shall have the opportunity
to ask questions of the state school superintendent or staff and the
LEA.
(c) When an LEA determines
that it is unable to provide a free appropriate public education to an eligible
child with disabilities after an individualized education program (IEP) has
been developed by its IEP Team, the LEA shall notify, in writing, the state
school superintendent. However, prior to sending such notice, the LEA shall
exhaust all avenues for providing services for the child. The unavailability of
a teacher or other necessary employees shall not be sufficient cause for the
LEA to be deemed unable to provide a free appropriate public education to the
student in question.
1. The LEA's written
notice shall include:
(i) A resolution of the
local board of education stating that it is unable to serve the
student;
(ii) A copy of the child's
past and current complete special education record, including at a minimum the
IEP, placement minutes and comprehensive evaluation information.
(iii) An explanation of the LEA's inability
to provide a free appropriate education to the student, including efforts made
by the LEA to provide special education services in accordance with the child's
IEP, and efforts to develop and/or locate services.
2. The state school superintendent and any
necessary GaDOE staff shall review the notice and may request additional
information.
3. After a review of
the notice, the state school superintendent may either:
(i) Concur with the LEA, or
(ii) Disagree with the conclusion of the
LEA.
4. If the state
school superintendent concurs with the LEA, special education and related
services shall be provided to the student. The state school superintendent
shall inform the state board of the decision.
5. If the state school superintendent
disagrees with the LEA, he or she shall make a recommendation to the state
board regarding the LEA's ability to serve the student and shall send a copy of
the recommendation to the LEA.
(i) The state
board shall determine whether the LEA is unable to serve the child. The state
board shall have the authority to determine that the LEA is either unable to
serve the student, regardless of the position taken by the LEA.
6. If the state board determines
that the LEA is unable to serve the student, special education and related
services shall be provided to the student.
(d) If the state board determines that the
LEA is unable to serve the student, the state board shall assume responsibility
for the implementation of the IEP by locating services or, if not located, by
providing services directly or through contract.
1. Once services are implemented, the LEA
shall be responsible for any amendment and/or annual review of the student's
IEP.
2. GaDOE shall maintain
oversight responsibility of the IEP, and shall be responsible for ensuring the
delivery of services and compliance with the IEP.
(i) GaDOE shall develop an oversight plan
specifically for the LEA. The plan shall specify a time frame for the reporting
responsibility of the LEA and the level of involvement of GaDOE with the LEA in
regard to the student's IEP and its implementation.
3. If the LEA is determined by the state
board to be unable to serve a student and GaDOE locates services in accordance
with paragraph (1)(d), then GaDOE and the LEA shall share the financial
responsibilities. If GaDOE provides services directly or through contract, then
GaDOE shall retain from the LEA the necessary state and/or federal funds to
provide such services to the student.
4. The state board may implement Rule
160-5-2-.02 Withholding of Funds as
necessary.
(2) The administrative hearing procedures shall not apply. [See 34 C.F.R. § 300.175; § 300.221; § 300.227]
(3) This rule shall become effective July 1, 2007.
O.C.G.A. Secs. 20-2-152, 20-2-240, 20-2-270, 20-2-274.
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