Georgia Association of Homes and Services for Children
Education of Disabled Children in State Custody
Children who are severely emotional disturbed in the custody of the State residing in Therapeutic Group Homes are regularly denied educational services by the State Board of Education.
Federal Law requires that these disabled children be provided 'free appropriate public education' at State expense.
Presently, Georgia is educating these children either with child welfare dollars or providing no dollars at all for their education. Federal Law requires that these children be educated at State Expense by the State educational agency.
Federal Law also requires that these children be accounted for. This accounting is not happening in Georgia.
Georgia's Attorney General in his opinion dated December 3rd, 1996 citing Georgia law concurs about the need for DOE funding:
"Therefore, it is my official opinion that school-age children placed by the DHR or DJJ in a facility who remain in that facility for more than 60 days must be provided a free education by the local school system in which the facility is located unless the child is in a youth detention center, confined pursuant to a court order or unable to leave the facility."
The Georgia Association of Homes and Services for Children desires:
1. The Georgia Department of Education to be responsible for and account for the education of all children with disabilities.
2. The Department of Education fund the educational services provided to disabled children by agencies authorized to provide educational services to disabled children in out of home care who can not be educated in the regular school system.
3. Child Welfare dollars should not be used to educate children.
4. A clear policy about how educational services will be funded to Georgia's foster children.
5. Federal and State Educational dollars maximized for educational services to disabled children in State custody.
Public Law 105-17 - Individuals with Disabilities Education Act
601 (d) PURPOSES‑ The purposes of this title are ‑‑
(1) (A) to ensure that all children 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;
(B) to ensure that the rights of children with disabilities and parents of such children are protected; and
Sec 602 3 A) IN GENERAL‑ The term 'child with a disability' means a child ‑‑
(i) with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (hereinafter referred to as emotional disturbance'), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities. . .
Sec 602 (8) FREE APPROPRIATE PUBLIC EDUCATION‑ The term 'free appropriate public education' means special education and related services that ‑‑
(A) have been provided at public expense, under public supervision and direction, and without charge;
(B) meet the standards of the State educational agency;
(C) include an appropriate preschool, elementary, or secondary school education in the State involved; and
(D) are provided in conformity with the individualized education program required under section 614(d).
SEC. 612. STATE ELIGIBILITY.
(a) IN GENERAL‑ A State is eligible for assistance under this part for a fiscal year if the State demonstrates to the satisfaction of the Secretary that the State has in effect policies and procedures to ensure that it meets each of the following conditions:
(1) FREE APPROPRIATE PUBLIC EDUCATION‑
(A) IN GENERAL‑ A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school.
SEC. 618. PROGRAM INFORMATION.
(a) IN GENERAL‑ Each State that receives assistance under this part, and the Secretary of the Interior, shall provide data each year to the Secretary ‑‑
(1) (A) on ‑‑
(i) the number of children with disabilities, by race, ethnicity, and disability category, who are receiving a free appropriate public education;
(iv) the number of children with disabilities, by race, ethnicity, and disability category, who are in separate classes, separate schools or facilities, or public or private residential facilities;
Sec 602 - Definitions
(15) LOCAL EDUCATIONAL AGENCY‑
(A) The term 'local educational agency' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools.
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phone - 404.572.6170
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