Ga. Comp. R. & Regs. 160-4-7-.03

Current through Rules and Regulations filed through November 21, 2024
Rule 160-4-7-.03 - Child Find Procedures
(1)DEFINITIONS.
(a) Definitions related to all special education rules can be found in State Board of Education Rule 160-4-7-.21 DEFINITIONS.
(2)GENERAL.
(a) Each LEA must have in effect policies and procedures to ensure that all suspected children with disabilities, including those who are homeless, are wards of the State or are attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located and evaluated. [34 C.F.R. § 300.111]
(b) Each LEA shall ensure that before conducting any significant activity that is designed to identify, locate or evaluate children, annual notice must be published or announced in newspapers or other media, or both, to notify parents of this activity. [34 C.F.R. § 300.612(b)]
(c) These policies and procedures shall provide for the screening and evaluation of all children with suspected disabilities birth through age 21 to include:
1. Children birth through age three. An LEA may fulfill its child find responsibility through referral to the Babies Can't Wait early intervention program operated by the Department of Public Health.
2. Preschool children, ages 3-5, not yet eligible for state-funded kindergarten.
3. Children enrolled in the LEA schools including public charter schools.
4. Children who are suspected of being children with disabilities and in need of special education, even though they are progressing from grade to grade. [34 C.F.R. § 300.111(c)(1)]
5. Highly mobile children, including migrant children. [34 C.F.R. § 300.111(c)(2)]
6. Children who are detained or incarcerated in city/county operated jails or correctional facilities.
7. Children who reside in the LEA and are enrolled in home school/study programs.
8. Parentally-placed private school children. [34 C.F.R. § 300.131(a)]
(i) Children enrolled by their parents in private, including religious, elementary and secondary schools located in the LEA's jurisdiction. [34 C.F.R. § 300.130]
(d) Each LEA must have in effect policies and procedures to ensure a practical method is developed and implemented to determine which children are currently receiving needed special education and related services. [34 C.F.R. § 300.111(a)(ii)]
1. Each LEA shall submit to the Georgia Department of Education (GaDOE), in an electronic format specified by GaDOE, data requested by the GaDOE on all children ages 3 through 21 who have been found eligible for special education and related services.
2. All data shall be accurate and timely. [34 C.F.R. § 300.645]

Ga. Comp. R. & Regs. R. 160-4-7-.03

O.C.G.A. §§ 20-2-152, 20-2-240.

Original Rule entitled "Procedural Safeguards" adopted. F. Apr. 20, 1990; eff. May 10, 1990.
Amended: F. Dec. 14, 1990; eff. Jan. 3, 1991.
Amended: F. Jan. 25, 1994, eff. Feb. 14, 1994.
Repealed: New Rule entitled "Child Find Procedures" adopted. F. Aug. 14, 2000; eff. Sept. 3, 2000.
Repealed: New Rule of same title adopted. F. June 14, 2007; eff. July 4, 2007.
Repealed: New Rule of same title adopted. F. Mar. 11, 2010; eff. Mar. 31, 2010.
Amended: F. Mar. 23, 2023; eff. Apr. 12, 2023.