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

Current through Rules and Regulations filed through June 27, 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.