Compilation of Rules and Regulations of the State of Georgia › Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION › Chapter 160-5 › Subject 160-5-1 - REGIONAL EDUCATIONAL SERVICES › Rule 160-5-1-.28 - Student Enrollment and Withdrawal

Current through Rules and Regulations filed through June 27, 2024
(1)
DEFINITIONS
.
(a)
Active Duty
- the full-time
				duty status in the active uniformed services of the United States, including
				members of the National Guard and Reserve on active duty orders pursuant to
				10 U.S.C. Sections
				1209 and
				1211.
(b)
Attend
- a student's
				physical or virtual presence in the educational programs for which he or she is
				enrolled.
(c)
Case Management
				Consultation (CMC)
- a consultation by a school social worker or case
				manager in which a process is used to discover whether any transition problems
				exist and whether any services are necessary for a child placed by the
				Department of Human Services (DHS) or Department of Juvenile Justice
				(DJJ).
(d)
Child of Military
				Families
- a child enrolled in kindergarten through grade 12, in the
				household of an active duty military member.
(e)
Department of Behavioral Health and
				Developmental Disabilities (DBHDD)
- an agency which provides specified
				services for children who have been admitted or placed according to an
				individualized treatment or service plan directed by DBHDD.
(f)
Department of Human Services
				(DHS)
- an agency which provides specified services and placement for
				children who have been remanded to the physical or legal custody of DHS either
				temporarily or permanently by a court or by voluntary agreement, or if the
				child has been admitted or placed according to an individualized treatment or
				service plan of DHS.
(g)
Department of Juvenile Justice (DJJ)
- the agency which provides
				supervision, detention and a wide range of treatment and educational services
				for youths referred to DJJ by the Juvenile Courts, and provides assistance or
				delinquency prevention services for at-risk youths through collaborative
				efforts with other public, private, and community entities.
(h)
Education For Homeless Children And
				Youths
- Subtitle B of Title VII of the McKinney-Vento Homeless
				Assistance Act (42 U.S.C.
				11431
et seq
.) that requires
				each state to ensure that each child of a homeless individual and each homeless
				youth has equal access to the same free, appropriate public education as
				provided to other children and youth.
(i)
Emancipated Minor
- an
				individual under the age of eighteen who is no longer under the control or
				authority of his or her parents or guardians by operation of law or pursuant to
				a petition filed by the minor with the juvenile court and granted by a judge in
				juvenile court after the judge determines emancipation is in the best interest
				of the minor as provided in O.C.G.A. §
										15-11-202.
(j)
Enroll
- the registration of
				a student in the local education agency (LEA) of residence. A parent, guardian,
				other person residing within this state having control or charge of any child
				or children, or the student (in the case of an emancipated minor) provides the
				LEA with the appropriate documentation. Once enrolled, the child shall be
				eligible to attend the assigned school.
(k)
Fictive Kin
- an individual
				who is known to a child as a relative but is not in fact related by blood or
				marriage to such child and with whom such child has resided or had significant
				contact.
(l)
Georgia
				Department of Education (GaDOE)
- the state agency charged with the
				fiscal and administrative management of certain aspects of K-12 public
				education, including the implementation of federal and state mandates subject
				to supervision and oversight by the State Board of Education.
(m)
Governor's Office of Student
				Achievement (GOSA)
- the state agency mandated by O.C.G.A. §
										20-14-26 to create a uniform
				performance-based accountability system for K-12 public schools that
				incorporates both state and federal mandates, including student and school
				performance standards, and to audit and inspect or cause to be audited and
				inspected K-12 public schools, and LEAs for the purpose of verification,
				research, analysis, reporting or for other purposes related to the performance
				of its powers and duties.
(n)
Grandparent
- the parent and/or step-parent of a minor child's
				father or mother. This definition remains the same upon the death and/or the
				termination of parental rights of the birth parent.
(o)
Home Study
- a program that
				allows parents or guardians to teach their children at home as provided in
				O.C.G.A. §
										20-2-690(c).
(p)
Homeless Child or Youth
-
				individuals who lack a fixed, regular, and adequate nighttime residence. The
				term includes children and youth who are:
1.
				Sharing the housing of other persons due to loss of housing, economic hardship,
				or a similar reason;
2. Living in
				motels, hotels, trailer parks, or camping grounds due to lack of alternative
				adequate accommodations;
3. Living
				in emergency or transitional shelters; or
4. Abandoned in hospitals.
5. The following children are included in the
				definition; however, this list is not exhaustive: children who have a primary
				nighttime residence that is a public or private place not designed for, or
				ordinarily used as, a regular sleeping accommodation for human beings; children
				who are living in cars, parks, public spaces, abandoned building, substandard
				housing, bus or train stations, or similar settings; and migratory children who
				qualify as homeless because they are living in circumstances described above.
				(McKinney Vento Homeless Act 42 U.S.C. §
												11431
et
				seq.
)
(q)
Individualized Education Program (IEP)
- a written plan for each
				student with a disability that is developed, reviewed, and revised in
				accordance with Individuals with Disabilities Education Act,
				20 U.S.C. §
											1414(d).
(r)
Individuals with Disabilities
				Education Act (IDEA)
- the federal law, codified at
				20 U.S.C. §
											1400, et seq., enacted to ensure that all
				students with disabilities have available to them a free appropriate public
				education that emphasizes special education and related services designed to
				meet their unique needs and prepare them for employment and independent living;
				to ensure that the rights of students with disabilities and their parents are
				protected; to assist states, localities, educational service agencies, and
				federal agencies to provide for the education of students with disabilities;
				and to assess and ensure the effectiveness of efforts to educate students with
				disabilities.
(s)
Kinship
				Caregiver
- a grandparent, great-grandparent, aunt, uncle, great aunt,
				great uncle, cousin, sibling, or fictive kin who has assumed responsibility for
				raising a child in an informal, noncustodial, or guardianship capacity upon the
				parents or legal custodians of such child:
1.
				Losing or abdicating the ability to care for such child; or
2. Being unable to ensure that the child will
				attend school for reasons, including, but not limited to:
(i) A parent or legal custodian being unable
				to provide care due to the death of a parent or legal custodian;
(ii) A serious illness or terminal illness of
				a parent or legal custodian;
(iii)
				The physical or mental condition of the parents or legal custodians such that
				proper care and supervision of the child cannot be provided;
(iv) The incarceration of a parent or legal
				custodian;
(v) The inability to
				locate the parents or legal custodians;
(vi) The loss or uninhabitability of the
				child's home as the result of a natural disaster; or
(vii) A period of active military duty of the
				parents or legal custodians exceeding 24 months.
(t)
Legal Custodian
-
				a person that has been awarded permanent custody of a child by court
				order.
(u)
Local Education
				Agency (LEA)
- the public authority legally constituted by the state as
				an administrative agency to provide control of and direction for kindergarten
				through Grade 12 public education institutions.
(v)
"
in loco
				parentis"
- to assume the duties and responsibilities of a
				parent without a formal legal process.
(w)
Other Person
- an adult at
				least 18 years of age or an emancipated minor at least sixteen years of age
				residing within the boundaries of a Georgia LEA who is not the parent or
				guardian of a child or children but stands
in loco
				parentis
.
(x)
Parent
- the legal father or the legal mother of a
				child.
(y)
Reasonable
				Efforts
- actions that a reasonable individual would find sufficient to
				determine whether one conclusion is more likely than the other.
(z)
Residency
- occupying a
				dwelling located within the boundaries of an LEA where the student lives with a
				parent, guardian, or other person, unless the student is an emancipated
				minor.
(aa)
State Board of
				Education (SBOE)
- the constitutional authority which defines education
				policy for public K-12 education agencies in Georgia.
(bb)
Withdraw
- the removal of a
				student from the official roll of a Georgia public school.
(cc)
Withdrawal Code
- an
				official code which signifies the reason a student has withdrawn from a Georgia
				public school as defined in the guidelines and timelines published by the
				GaDOE.