Agenda Item
a. DeKalb County School District (DCSD) and ViewPoint Health (VPH) Memorandum of Agreement (MOA) (Not to exceed $90,000)
Summary: Presented by: Dr. Norman C. Sauce III., Chief of Student Services, Division of Student Services
Request: It is requested that the Board of Education approve this Memorandum of Agreement (MOA) between the DeKalb County School District (DCSD) and the ViewPoint Health (VPH) agency regarding the education of eligible students with disabilities placed in the VPH Crisis Stabilization Program. There is no financial impact to the general budget as all costs associated with providing educational services to students placed at VPH will be paid from the Rule 10 Special Education State Grant in the amount not to exceed $90,000.
Why: ViewPoint Health operates a residential crisis stabilization facility located within the boundaries of the DeKalb County School District (DCSD), which shall provide public healthcare services to children placed in its care by the Georgia Department of Human services (DHS), the Department of Juvenile Justice (DJJ), the Department of Behavioral Health and Developmental Disabilities (DBHDD) or by parents or legal guardians pursuant to a physician's order. DCSD is authorized and required, pursuant to O.C.G.A. § 20-2-133, to provide educational services to students assigned to the VPH's residential treatment facility.
Details: Students in the physical or legal custody of DJJ, DHS, or DBHDD can be placed at the ViewPoint Health Adolescent Crisis Stabilization Program. In addition, the parent of legal guardian pursuant to a physician's order may place a child if such child is not a home study private school or out-of-state student. Eligible students may come from all over the State of Georgia. DCSD is responsible for the provision of all educational service and programs, including special education and related services for students placed at VPH. The DCSD receives the Rule 10 Special Education Grant to pay the salary and benefits for up to two teachers. DCSD is responsible for hiring, training, and evaluating the teachers assigned to the facility.
Financial impact: All costs associated with the education of eligible children, including salary, wages, and benefits for teachers; cost for instructional materials and supplies; and other related expenses, are covered by the Rule 10 Special Education State Grant in the amount not to exceed $90,000. The charge codes to be used are 100.1000.511000.07821.7340.2810.8010.094.0000 (salary/benefits), and 100.1000.561000.07821.7340.2810.8010.094.0000 (materials/supplies). There is no financial impact on the General budget because all costs will be paid from the Rule 10 Special Education State Grant.
Contact: Presented by: Dr. Norman C. Sauce III, Chief of Student Services, Division of Student Services,
Mrs. Kiana King, Executive Director of Exceptional Education, Division of Student Services
Effective: January 1, 2026 - December 31, 2026
Status: Approved by the Office of Legal Affairs
Brian P. Kemp Rebecca N. Sullivan
Governor Commissioner
July 22, 2024
Re: State of Georgia Self-Insurance Programs
To Whom It May Concern:
Please be advised, the Georgia Tort Claims Act (O.C.G.A. 50-21-20 et seq.) provides a limited
waiver of sovereign immunity for claims against the State of Georgia arising from certain negligent
acts or omissions of ‘state officers or employees’ up to a maximum damage amount of $1,000,000
per person, $3,000,000 per occurrence. The Georgia Tort Claims Act mandates that the
department of Administrative Services insures or self-insures and administers all claims brought
against a state agency or agencies under this Act.
If a claim brought under the Georgia Tort Claims Act goes into litigation, the State Attorney
General’s Office has primary control over the case and constitutionally is only able to provide
counsel for state agencies and their employees.
Accordingly, as a general rule, the State of Georgia will not add a private, non-state entity or
individual as an additional insured and/or loss payee under the state’s self-insurance programs
administered by the Department of Administrative Services.
Should you have any further questions, please do not hesitate to contact me.
Sincerely,
Wade E. Damron
Director
DOAS, Risk Management Services Division
Risk Management Services
Phone: 404‐656‐6245 200 Piedmont Avenue SE Suite 1220 West Tower Atlanta, Georgia 30334‐9010 Fax: 404‐657‐1188
www.doas.ga.gov