HB 1610 - Education; child in state facility; certain fees

Georgia House of Representatives - 1995/1996 Sessions

HB 1610 - Education; child in state facility; certain fees

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House Comm: Ed / Senate Comm: Ed / House Vote: Yeas 164 Nays 0 Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/6/96 Read 1st Time 3/6/96 2/7/96 Read 2nd Time 3/14/96 2/20/96 Favorably Reported 3/14/96 3/6/96 Read 3rd Time 3/6/96 Passed/Adopted ---------------------------------------- Code Sections amended: 20-2-133
HB 1610 LC 24 0375 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Code Section 20-2-133 of the Official Code of 1- 2 Georgia Annotated, relating to eligibility for and 1- 3 exceptions from free public education, so as to provide for 1- 4 the state to reimburse local units of administration for 1- 5 reasonable attorneys' fees incurred in actions relating to 1- 6 the education of a child residing in a state facility; to 1- 7 provide for related matters; to repeal conflicting laws; and 1- 8 for other purposes. 1- 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-10 Code Section 20-2-133 of the Official Code of Georgia 1-11 Annotated, relating to eligibility for and exceptions from 1-12 free public education, is amended by striking subsection (b) 1-13 and inserting in lieu thereof a new subsection (b) to read 1-14 as follows: 1-15 "(b)(1) Except for a child who is in the physical 1-16 custody of the Department of Children and Youth Services 1-17 or the Department of Human Resources or any of its 1-18 divisions and who receives services from a local unit of 1-19 administration pursuant to paragraph (2) of this 1-20 subsection, any child placed by the Department of 1-21 Children and Youth Services or the Department of Human 1-22 Resources or any of its divisions in a facility operated 1-23 by or under contract with the Department of Children and 1-24 Youth Services or the Department of Human Resources who 1-25 remains in that facility for more than 60 continuous 1-26 days and any child who is a patient in a facility 1-27 licensed by the State of Georgia to deliver intermediate 1-28 care for the mentally retarded and which follows the 1-29 federal regulations for intermediate care for the 1-30 mentally retarded, who has been determined as 1-31 appropriate for that level of care by the Department of 1-32 Medical Assistance or its designee, who has been 1-33 admitted to such facility after evaluation and 1-34 recommendation by developmental service teams of the -1- (Index) LC 24 0375 2- 1 Department of Human Resources, and who remains in that 2- 2 facility for more than 60 continuous days shall be 2- 3 treated by the local unit of administration of the 2- 4 school district in which the facility is located as 2- 5 eligible for enrollment in the educational programs of Acdded MdA(�@d�A(�@d�A(�@dSA(�@d�A(�@d!A(�@d�A 2- 7 that the child meets the age eligibility requirements 2- 8 established by this article. The local unit of 2- 9 administration of the school district in which these 2-10 facilities are located is responsible for the provision 2-11 of all educational programs, including special education 2-12 and related services, free of charge to these children 2-13 as long as the children remain in such facilities. 2-14 However, except as provided in this paragraph, placement 2-15 in such a facility by the parent or by another local 2-16 unit of administration shall not create such 2-17 responsibility. 2-18 (2) Any child, except a child in a youth development 2-19 center as specifically provided in this paragraph, who 2-20 is in the physical custody of the Department of Children 2-21 and Youth Services or the Department of Human Resources 2-22 or any of its divisions and who is physically present 2-23 within the geographical area served by a local unit of 2-24 administration for any length of time is eligible for 2-25 enrollment in the educational programs of that local 2-26 unit of administration; provided, however, that the 2-27 child meets the age eligibility requirements established 2-28 by this article. The local unit of administration of 2-29 the school district in which these children are present 2-30 is responsible for the provision of all educational 2-31 programs, including special education and related 2-32 services, free of charge to these children as long as 2-33 the children are physically present in the school 2-34 district. No child will be considered in the physical 2-35 custody of the Department of Children and Youth Services 2-36 or the Department of Human Resources or any of its 2-37 divisions unless custody has been awarded, either 2-38 temporarily or permanently, by court order. No child in 2-39 a youth development center, regardless of his or her 2-40 custody status, shall be eligible for enrollment in the 2-41 educational programs of the local unit of administration 2-42 of the school district in which that youth development 2-43 center is located. No child or youth in the custody of 2-44 the Department of Corrections or the Department of 2-45 Children and Youth Services and confined in a facility -2- (Index) LC 24 0375 3- 1 as a result of a sentence imposed by a court shall be 3- 2 eligible for enrollment in the educational programs of 3- 3 the local unit of administration of the school district 3- 4 where such child or youth is being held. 3- 5 (3)(A) For any child described in paragraph (1) of 3- 6 this subsection, the custodian of the child shall 3- 7 notify the appropriate local unit of administration 3- 8 when the child remains in a facility operated by or 3- 9 under contract with the Department of Children and 3-10 Youth Services or the Department of Human Resources or 3-11 in a facility licensed to provide intermediate care 3-12 for the mentally retarded for more than 30 continuous 3-13 days and is anticipated to remain in the facility for 3-14 more than a total of 60 continuous days. 3-15 (B) For any child described in paragraph (2) of this 3-16 subsection, the custodian of the child shall notify 3-17 the appropriate local unit of administration at least 3-18 five days in advance of the move when the child is to 3-19 be moved from one local unit of administration to 3-20 another. 3-21 (4) When the custodian of any child notifies a local 3-22 unit of administration, as provided in paragraph (3) of 3-23 this subsection, that the child may become eligible for 3-24 enrollment in the educational programs of a local unit 3-25 of administration, the custodian of the records of that 3-26 child shall transfer the educational records and 3-27 Individualized Education Programs (IEP's) and all 3-28 education related evaluations, assessments, social 3-29 histories, and observations to the appropriate local 3-30 unit of administration. Notwithstanding any other law 2unit to the contrary, the custodian of the records has the 3-32 obligation to transfer these records and the local unit 3-33 of administration has the right to receive, review, and 3-34 utilize these records. Notwithstanding any other law to 3-35 the contrary, upon the request of a local unit of 3-36 administration responsible for providing educational 3-37 services to a child described in paragraph (1) or (2) of 3-38 this subsection, the Department of Children and Youth 3-39 Services or the Department of Human Resources shall 3-40 furnish to the local unit of administration all medical 3-41 and educational records in the possession of the 3-42 Department of Children and Youth Services or the 3-43 Department of Human Resources pertaining to any such 3-44 child, except where consent of a parent or legal -3- (Index) LC 24 0375 4- 1 guardian is required in order to authorize the release 4- 2 of any of such records, in which event the Department of 4- 3 Children and Youth Services or the Department of Human 4- 4 Resources shall obtain such consent from the parent or 4- 5 guardian prior to such release. 4- 6 (5) Any local unit of administration which serves a 4- 7 child pursuant to paragraphs (1) and (2) of this 4- 8 subsection shall receive in the form of annual grants in 4- 9 state funding for that child the difference between the 4-10 actual state funds received for that child pursuant to 4-11 Code Section 20-2-161 and the reasonable and necessary 4-12 expenses incurred in educating that child, calculated 4-13 pursuant to regulations adopted by the State Board of 4-14 Education. For the purposes of this paragraph, the term 4-15 'reasonable and necessary expenses' shall include 4-16 reasonable attorneys' fees and costs of litigation 4-17 expended, either for its defense or in payment of 4-18 statutorily mandated plaintiffs' attorneys' fees, by the 4-19 local unit of administration on any administrative or 4-20 judicial proceeding involving any child described in 4-21 paragraphs (1) or (2) of this subsection. These grants 4-22 will be determined and made pursuant to regulations 4-23 adopted by the State Board of Education. 4-24 (6) If any child described in paragraphs (1) and (2) of 4-25 this subsection is unable to leave the Department of 4-26 Human Resources facility or the facility licensed to 4-27 provide intermediate care for the mentally retarded to 4-28 receive educational services as determined by the local 4-29 school system responsible for educational services and 4-30 the Department of Human Resources, then the local school 4-31 system shall not be responsible for providing any 4-32 educational services to such child. 4-33 (7) The Department of Education, the Department of Human 4-34 Resources, the Department of Children and Youth 4-35 Services, and the local units of administration where 4-36 Department of Children and Youth Services or Department 4-37 of Human Resources facilities or contract facilities are 4-38 located shall jointly develop procedures binding on all 4-39 agencies implementing the provisions of this Code 4-40 section applicable to children and youth in the physical 4-41 custody of the Department of Children and Youth Services 4-42 or the Department of Human Resources." -4- (Index) LC 24 0375 SECTION 2. 5- 1 All laws and parts of laws in conflict with this Act are 5- 2 repealed. -5- (Index)

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