RTF-160-5-2.06 Rule

                                                                         Code: DFFA

160-5-2-.06 RESIDENTIAL FACILITY GRANT.

 (1) PURPOSE.

  (a) This rule is designed to provide grants to local units of administration and
facilities serving eligible children, as defined in this Rule. Under the law, the local
unit of administration of the school district in which such child is present shall be
responsible for the provision of all educational programs, including special education
and related services, at no charge as long as the child is physically present in the
school district.

 (2) DEFINITIONS.

  (a) Direct costs – all costs incurred for activities directly associated with the
education of eligible children, including salaries, wages and benefits for teachers and
paraprofessionals; costs for instructional materials and supplies; costs associated with
classroom-related activities and equipment; and any other appropriate instructional
expenses.

  (b) DHS or DBHDD-contracted facility – a facility that is contracted by the
Department of Human Services (DHS) or the Department of Behavioral Health and
Developmental Disabilities (DBHDD) to serve clients placed by DHS or DBHDD.
This includes public and private facilities for which DHS or DBHDD contracts on a
client-by-client basis for a residential placement for an individual client.

  (c) DJJ-contracted facility – a facility that is contracted by the Department of
Juvenile Justice (DJJ) to serve clients placed by DJJ. This includes public and private
facilities for which DJJ contracts on a client-by-client basis for a residential
placement for an individual client.

  (d) Eligible child – a child in the physical or legal custody of DJJ, DBHDD or
DHS or any of its divisions, or in a placement operated by DHS or DBHDD, or in a
facility or placement paid for by DJJ or DHS or any of its divisions, or DBHDD; or
placed in a psychiatric residential treatment facility by his or her parent or legal
guardian pursuant to a physician's order, if such child is not a home study, private
school, or out-of-state student and who is physically present within the geographical
area served by a local unit of administration for any length of time. While the child is
enrolled in the local school system in which the DHS, DBHDD- or DJJ-contracted
facility is located, the child is placed in the DHS, DBHDD or DJJ-operated or
contracted facility and is unable to leave that facility.

  1. A child is considered to be in the physical or legal custody of DJJ or DHS or any
of its divisions if custody has been awarded either temporarily or permanently by
court order or by voluntary agreement, or if the child has been admitted or placed
according to an individualized treatment or service plan of DHS.

  2. No child or youth in the custody of the Department of Corrections or the DJJ and
confined in a Youth Detention Center 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. Parentally placed Georgia public school students are eligible for education
services from the local school system in which the psychiatric residential treatment
facility is located.

  (e) Indirect costs – costs incurred for administration, plant operations and
maintenance, food services, transportation, instructional support including media
centers, teacher training, and student support such as nurses and guidance counselors.

  (f) Local unit of administration – all local school systems, boards of control of
regional educational service agencies established pursuant to O.C.G.A. § 20-2-272,
and any other local or regional public education agencies established pursuant to law.

  (g) Memorandum of Understanding – a document negotiated in good faith that
contains mutual promises, agreements, covenants and benefits, as well as the relevant
duties and obligations of the two parties involved: the residential facility and the local
unit of administration/local school system.. The agreement provides for collaborative
procedures between the two agencies to ensure that the educational requirements for
students placed by DHS and DJJ pursuant to O.C.G.A. § 20-2-133 are met while the
students are receiving educational services at the residential facility.

 (3) REQUIREMENTS.

  (a) The State Board shall have the authority to provide grant funds, if appropriated
by the General Assembly, for the difference between the actual state funds received
for that eligible child pursuant to O.C.G.A. § 20-2-161, and the reasonable and
necessary expenses incurred in educating that eligible child. The State Board shall
distribute the funds based upon the appropriation made by the General Assembly in
an equitable manner.

  (b) Local units of administration or facilities in receipt of these grant funds shall
ensure adherence to and implementation of the provisions set forth in this rule and the
executed Memorandum of Understanding (MOU).

  (c) Local units of administration and the residential treatment facility that is located
within the boundaries of the LEA shall enter into a MOU that will be reviewed and
renewed at least every two years.
  (d) The Georgia Department of Education shall develop a sample MOU that will be
placed on the GaDOE website.

  (e) If an MOU other than that developed by the GaDOE is used, it must include the
following requirements, which are listed in the sample MOU:

 1. Regular and Special Education Personnel;
 2. IEP Implementation;
 3. IEP Meetings;
 4. Special Education Monitoring and Complaints;
 5. Student Information and Data Entry;
 6. Records;
 7. Assessments;
 8. Georgia’s Single Statewide Accountability System;
 9. Non-Discrimination;
 10. Grant Funding;
 11. Timeframe of Grant Distribution;
 12. Expenditure Controls;
 13. Transition to Public School;
 14. Title I;
 15. Out-of-State Students;
 16. Term;
 17. Renewals;
 18. Termination;
 19. Point of Contact;
 20. Notices;
 21. Amendments;
 22. No Agency;
 23. Indemnification, Litigation, and Settlement;
 24. Severability;
 25. Assignment;
 26. Governing Law; and
 27. Counterparts.

 (f) Application Process.

  1. Applicants seeking a grant under this rule shall submit an application at a time
that the Georgia Department of Education shall specify in the application instructions.

  2. Applicants shall submit all parts of the application and attest to a list of
assurances.
  3. Residential facility applicants shall secure the signature of the superintendent, or
designee, of the local unit of administration within which they are located. The local
unit of administration shall either sign off on the application or document in writing
the reasons for which it is not signing off on the application within 30 days after the
residential facility has submitted the application to it for signature.

 (g) Reasonable and Necessary Expenses.

  1. All direct and indirect costs that have been expended during the current fiscal
year, and for which the residential facility or local unit of administration has
documentation, including receipts and/or invoices, shall be eligible for consideration
for reimbursement if the costs exceed the allocation under O.C.G.A. § 20-2-161 and
will not be covered by another applicable federal law.

  2. All direct and indirect costs that have not yet been incurred or expended during
the current fiscal year, but that the residential facility or local unit of administration
can demonstrate it will incur and has a demonstrated need in order to educate its
eligible children may be eligible for reimbursement. In addition, these costs must be
in excess of any allocation under O.C.G.A. § 20-2-161 or any allocation covered by
an applicable federal law.

 (4) LOCAL BOARDS OF EDUCATION HELD HARMLESS.

  (a) Under the law, local boards of education shall be held harmless by the state
from expending local funds for educating eligible children; provided, however, that
this shall only apply to children who are unable to leave the facility in which they
have been placed.

  (b) Children who reside at the facility but who are able to transition to and attend
the appropriate school within the school system shall receive the local fair share of
QBE funding similar to any other child attending a public school. This occurs once a
student is stepped down within the DHS system and in accordance with the
decisionmaking authority of either the student’s IEP team or, if the student is not a
student with a disability, by the teacher(s) and caseworker(s) most familiar with the
student.

Authority: O.C.G.A. §§ 20-2-133; 20-2-242; 20-2-411.

Adopted: December 13, 2018                             Effective: January 2, 2019