Georgia Association of Homes and Services for Children   

Requirements:

Private School Placements/Responsible Agency

OCGA 20-2-133.
(a) Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside and to children as provided in subsection (b) of this Code section. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local five mill share funds required pursuant to Code Section 20-2-164;
(b) provided, further, that no child placed by the Department of Juvenile Justice or the Department of Human Resources or any of its divisions in a facility by or under contract with the Department of Juvenile Justice or the Department of Human Resources who remains in that facility for more than 60 continuous days and no child who is a patient in a facility licensed by this state to deliver intermediate care for the mentally retarded who remains in that facility for more than 60 continuous days as described in paragraph (1) of subsection (b)of this Code section and no child who is in the physical custody of the Department of Juvenile Justice or the Department of Human Resources or any of its divisions pursuant to a court order granting temporary or permanent custody as described in paragraph (2) of subsection (b) of this Code section shall be charged tuition, fees, or a combination thereof.

A local school system is further authorized to contract with a nonresident student´s system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students.

(b)(1) Except for a child who is in the physical custody of the Department of Juvenile Justice or the Department of Human Resources or any of its divisions and who receives services from a local unit of administration pursuant to paragraph (2) of this subsection, any child placed by the Department of Juvenile Justice or the Department of Human Resources or any of its divisions in a facility operated by or under contract with the Department of Juvenile Justice or the Department of Human Resources who remains in that facility for more than 60 continuous days and any child who is a patient in a facility licensed by the State of Georgia to deliver intermediate care for the mentally retarded and which follows the federal regulations for intermediate care for the mentally retarded, who has been determined as appropriate for that level of care by the Department of Community Health or its designee, who has been admitted to such facility after evaluation and recommendation by developmental service teams of the Department of Human Resources, and who remains in that facility for more than 60 continuous days shall be treated by the local unit of administration of the school district in which the facility is located as eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article.

The local unit of administration of the school district in which these facilities are located is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children remain in such facilities. However, except as provided in this paragraph, placement in such a facility by the parent or by another local unit of administration shall not create such responsibility.

(2) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical custody of the Department of Juvenile Justice or the Department of Human Resources or any of its divisions and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these children are present is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children are physically present in the school district.

No child will be considered in the physical custody of the Department of Juvenile Justice or the Department of Human Resources or any of its divisions unless custody has been awarded, either temporarily or permanently, by court order.

No child in a youth development center, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center is located.

No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held.

(3)(A) For any child described in paragraph (1) of this subsection, the custodian of the child shall notify the appropriate local unit of administration when the child remains in a facility operated by or under contract with the Department of Juvenile Justice or the Department of Human Resources or in a facility licensed to provide intermediate care for the mentally retarded for more than 30 continuous days and is anticipated to remain in the facility for more than a total of 60 continuous days.

(B) For any child described in paragraph (2) of this subsection, the custodian of the child shall notify the appropriate local unit of administration at least five days in advance of the move when the child is to be moved from one local unit of administration to another.

(4) When the custodian of any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, the custodian of the records of that child shall transfer the educational records and Individualized Education Programs (IEP´s) and all education related evaluations, assessments, social histories, and observations to the appropriate local unit of administration. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in paragraph (1) or (2) of this subsection, the Department of Juvenile Justice or the Department of Human Resources shall furnish to the local unit of administration all medical and educational records in the possession of the Department of Juvenile Justice or the Department of Human Resources pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Juvenile Justice or the Department of Human Resources shall obtain such consent from the parent or guardian prior to such release.

(5) Any local unit of administration which serves a child pursuant to paragraphs (1) and (2) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. For the purposes of this paragraph, the term 'reasonable and necessary expenses' shall include reasonable attorneys´ fees and costs of litigation expended, either for its defense or in payment of statutorily mandated plaintiffs´ attorneys´ fees, by the local unit of administration on any administrative or judicial proceeding involving any child described in paragraphs (1) or (2) of this subsection. These grants will be determined and made pursuant to regulations adopted by the State Board of Education.

(6) If any child described in paragraphs (1) and (2) of this subsection is unable to leave the Department of Human Resources facility or the facility licensed to provide intermediate care for the mentally retarded to receive educational services as determined by the local school system responsible for educational services and the
Department of Human Resources, then the local school system shall not be responsible for providing any educational services to such child. (7) The Department of Education, the Department of Human Resources, the Department of Juvenile Justice, and the local units of administration where Department of Juvenile Justice or
Department of Human Resources facilities or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical custody of the Department of Juvenile Justice or the Department of Human Resources.