Special Education Rules Implementation Manual

1 Special Education Rules Implementation Manual INTRODUCTION. The georgia department of Education is pleased to present this document as a guide for the Implementation of the georgia Rules for Special Education . The purpose of this Manual is to provide practical ideas and best practice information on the Implementation of the georgia Special Education State Rules . The intended audience of this Manual includes all the parties involved in the delivery and receipt of Special Education . This includes administrators, principals, regular Education teachers, Special Education teachers, related services providers, parents, and students with disabilities. By developing this Implementation Manual , the GaDOE is assuring that all parties to the Special Education process have access to the same information. The development and delivery of Special Education is more efficient and effective when all individuals work from the same base of knowledge. This Manual is meant to serve as a practical guide for implementing the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) and its regulations.

2 It is not intended to state new law or supplant any federal or state laws, regulations, or requirements. Nothing in this Manual should be seen as having the force of law. This Manual should not be cited as law or as imposing any additional requirements or obligations outside the requirements of existing law. Districts, schools, and parents are not required to adhere to this Manual , but only to the requirements of the IDEA as codified in 20 1400 et seq., its regulations promulgated in 34 Parts 300 and 301, and the Rules of the State of georgia promulgated by the State Board of Education . This Manual does not cover every aspect of each of the Rules for Special Education ;. however, it does cover many of the topics about which questions are frequently asked. This Manual is divided into two parts that may be downloaded separately. Part I relates to the processes, procedures, and best practices for implementing the georgia Rules for Special Education ; Part II, which is in development, will focus on the different eligibility categories.

3 Each part has its own Table of Contents. The chapters and topics listed in the Table of Contents are hyperlinked to the specific pages in the Manual . To move directly from the Table of Contents to a specific chapter or topic, press the control key (Ctrl), place the cursor over the desired chapter or topic listing, and click. Special Education Rules Implementation Manual Users who have questions about a topic not contained in this document are encouraged to contact the GaDOE, Division for Special Education . The direct dial number for Special Education is 404-656-6319. The director for the Division for Special Education may also be contacted via email at This Manual also includes hyperlinks to different sample forms that are available on the GaDOE website. Unless otherwise noted, these forms are sample forms and are intended solely as a model for districts. Many districts develop their own forms or modify these forms for their own use. The GaDOE acknowledges and thanks the committee of over 90 people who assisted with the development of this Manual .

4 Stakeholders from all over georgia spent many hours assisting in the development and review of the content of this document. Their service was invaluable. georgia department of Education Richard Woods, georgia 's School Superintendent Page ii of 228. All Rights Reserved Special Education Rules Implementation Manual Introduction i Chapter One: PARENTS 1. Family, School, and Community Partnerships .. 1. What is Family Engagement? .. 1. Benefits of Family, School, and Community Partnerships .. 1. What Are Some Ways to Promote Engagement? .. 2. Parent and Student Rights ( georgia Rule ) .. 3. Definition of Parent .. 3. Surrogate Parents .. 4. Frequently Asked Questions .. 5. Parent Participation ( , , ) .. 5. Parent Rights Document ( ) .. 6. Parent Rights Summary .. 7. Access/Opportunity to Examine Records .. 7. Confidentiality ( ) .. 8. Prior Written Notice by the District .. 8. Independent Educational Evaluation .. 9. 10. Parent Consent .. 11. Least Restrictive Environment.

5 11. Complaint Process ( ) .. 12. Voluntary Mediation ( ) .. 12. Impartial Due Process Hearing ( ) .. 13. Change of Placement for Disciplinary Removals for Children with Disabilities ( ) .. 13. Placement of Children by Parent in Private Schools ( ) .. 13. Discipline Procedures and Rights .. 15. Transfer of Rights .. 16. Resources .. 17. Chapter Two: FREE APPROPRIATE PUBLIC Education (FAPE) ( ) 18. Definition of FAPE .. 18. Students Entitled to FAPE .. 18. Incarcerated Students .. 19. Funding Sources and Insurance .. 20. Accessible Instructional Materials and Assistive Technology .. 21. Extended School Year .. 22. Nonacademic and Extracurricular Activities .. 22. Charter Schools .. 22. Medication .. 23. Frequently Asked Questions .. 23. georgia department of Education Richard Woods, georgia 's School Superintendent Page iii of 228. All Rights Reserved Special Education Rules Implementation Manual Chapter Three: CHILD FIND ( ) 25. Populations of Children .. 25. Child Find Procedures.

6 26. georgia Student Achievement Pyramid of Interventions .. 26. Frequently Asked Questions .. 27. Chapter Four: EVALUATION & REEVALUATION ( ) 29. Initial Evaluation .. 29. Student Support Team .. 30. Parent Request .. 30. Parent 30. Parent Consent .. 30. Multidisciplinary Evaluation 31. Impact on Educational Performance .. 31. Comprehensive Evaluation .. 32. Typical Steps in the Evaluation Process .. 34. Steps in an Evaluation for Special Education 36. Eligibility .. 37. Reevaluation/Redetermination .. 38. Reevaluation Procedures .. 38. Review of Existing Evaluation Data .. 38. Reevaluation Form .. 39. Evaluation before Termination of Eligibility .. 39. Independent Educational Evaluation .. 40. Frequently Asked Questions .. 40. Chapter Five: Special Education ELIGIBILITY REQUIREMENTS ( ) 49. georgia 's Student Achievement Pyramid of Interventions .. 49. Decision Making along the Continuum of the Pyramid of Interventions .. 50. Pyramid of Interventions Problem-solving Matrix.

7 52. Special Education Eligibility Decision Making .. 53. Guidance on Determining More Significant Impairments .. 54. Quick Reference Eligibility Guide and Model Eligibility Form .. 54. Frequently Asked Questions .. 55. References .. 60. Chapter Six: YOUNG CHILDREN, AGES 3-5 61. GaDOE Rule: Young Children, Ages 3-5 .. 61. Data 61. Eligibility Determination .. 62. Referrals from Babies Can't Wait (BCW) .. 62. georgia department of Education Richard Woods, georgia 's School Superintendent Page iv of 228. All Rights Reserved Special Education Rules Implementation Manual Referrals from Parent/Guardian, Child Care Provider, or Early Regular Childhood Provider .. 63. Least Restrictive Environment (LRE) .. 64. Transition from Preschool to Kindergarten .. 65. Role of Parents in the Eligibility Determination, IEP Development, and Placement/LRE Decision-Making Process .. 65. Role of the Regular Early Childhood Provider or Teacher in Eligibility Determination, IEP Development, and Placement/LRE Decision-Making Process.

8 66. Specific Stakeholder Roles and Responsibilities .. 66. Resources .. 68. Chapter Seven: INDIVIDUALIZED Education PROGRAM & TRANSITION ( ) 69. Notice of IEP Meeting .. 69. Changes to the IEP .. 69. IEP Team Members .. 69. The Role of Parents .. 70. Special Parent Requirements .. 71. The Role of the General Education Teacher .. 71. Excusal from the Meeting .. 71. Present Levels of Academic Achievement and Functional Performance .. 72. Consideration of Special 73. Transition Service Plan .. 73. Transfer of Rights at 18 Years of Age .. 75. The Summary of Performance (SOP) .. 76. Annual Goals .. 76. Student Supports .. 77. Assessment .. 78. Placement Options .. 79. Extended School Year (ESY) .. 79. Frequently Asked Questions .. 80. Sample Forms .. 91. Chapter Eight: SERVICE DELIVERY & LEAST RESTRICTIVE ENVIRONMENT ( ) 92. Least Restrictive Environment .. 93. LRE Decision Process .. 94. Personnel Supports .. 95. Frequently Asked Questions .. 96. Resources .. 103. Chapter Nine: ACCOMMODATIONS 105.

9 GaDOE Performance Goals and Indicators for Students with Disabilities .. 105. Accommodations .. 105. Frequently Asked Question .. 106. georgia department of Education Richard Woods, georgia 's School Superintendent Page v of 228. All Rights Reserved Special Education Rules Implementation Manual Identification of Appropriate Accommodations .. 107. A Five Step Process .. 107. Frequently Asked Questions .. 112. Implementing 113. Frequently Asked Questions .. 118. References .. 119. Chapter Ten: FEEDING & SWALLOWING FOR SWDs 120. Feeding and Swallowing Concerns .. 120. Implementation .. 121. Frequently Asked Questions .. 122. Sample Form .. 134. Resources .. 135. Chapter Eleven: DISCIPLINE ( ) 137. Schoolwide Positive Behavior 137. Disciplinary Actions of 10 School Days or Less .. 138. Disciplinary Actions beyond 10 Days .. 139. Manifestation Determination .. 140. Special Offenses .. 142. Frequently Asked Questions .. 143. Discipline Procedures Involving Violations of a Code of Student Conduct (Table).

10 150. Discipline Procedures Relating to Weapons, Drugs, Serious Bodily Injury Resulting in 45-Day Placement in IAES (Table) .. 151. Student with a Disability: Violates Code of Conduct (Flow Chart) .. 153. Protections for Students Not Yet Eligible for Special Education (Flow Chart) .. 154. Standards of Practice: Components of a Functional Behavior Assessment (FBA) .. 156. Standards of Practice: Components for a Behavioral Intervention Plan (BIP) .. 157. Chapter Twelve: PRIVATE SCHOOLS ( ) 158. Children with Disabilities Placed in Private Schools by the District .. 158. Children with Disabilities Placed in Private Schools by the Parent .. 158. Child Find .. 158. Consultation Process .. 159. Equitable Services Determined .. 160. Services Plans .. 160. Expenditures .. 161. Placement of Children by Parent When FAPE is at Issue .. 162. Frequently Asked Questions .. 163. georgia department of Education Richard Woods, georgia 's School Superintendent Page vi of 228. All Rights Reserved Special Education Rules Implementation Manual Chapter Thirteen: SERVICES FOR AGENCY-PLACED STUDENTS ( ) 165.