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À ?  ?  ?  < ?   8p ?   ?<? ?    À? ?    08    0`  ??  #0    ?    ?   x `` ?  ??````   0> ?       ??  ?  ? ?   ??     ? ? |0  <0 ? ? ? ?? ? ? ? ??  ? ? ?A ?a ?  0@ ?    ?> ?x? ??? ~? <| ~     ? ??? ?À? ?  ?? ?? ?? ? ?? ?   ?  ?ǀ ??  ?  ?   ?  ? ? ?  ?? ?   ??    ?  ??  ?  ?   ?  ? ?         ? ?   ? π   ?  ?    ? ?   ?    ?%?# ~# ??#??" ? ????  ?? ????? ??? ??~?~?????? ? <  ?? ? ??~ ? ?>?             ? x? ? x?? x ?x ?~ ?? ?  ? ??&??&??&???&????? ?? ? ?? ???  ? ?? ???????      ?   ??      ? ! ? ! ? ! !0ǀ !! !"  !" ??!"? ?"" "#  "#  ?"#  ??## ? ? #$ ? #$ ? ?#$  $$  $%?  $% ?$%  %%?  %& ?? %& ? %& ? &' &'? &'&''%'($'(#'("()"() ?() )*)*)**+*+?*++,+,+,,-,-?-.-.-. ./? ./?/0/00001121223?2334344556?566778899::;;==@AKKKK Figure 1 KKKK Figure 1 yhhddC:\IMAGES\EDSEAL.TIFy UNITED STATES DEPARTMENT OF EDUCATION  #xd6X@@#OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES#x6X@;X@#  h#AUGUST 30, 1996  Honorable Linda Schrenko Superintendent of Schools Georgia State Department of Education 2066 Twin Towers East Atlanta, Georgia 30334 Dear Superintendent Schrenko: During the week of May 13, 1996, the Office of Special Education Programs (OSEP), United States Department of Education, conducted an onsite review of the Georgia State Department of Education's (GADOE) implementation of Part B of the Individuals with Disabilities Education Act (Part B). The purpose of the review was to determine whether GADOE is meeting its responsibility to ensure that its educational programs for children with disabilities are administered in a manner consistent with the requirements of Part B. Enclosure A to this letter describes OSEP's monitoring methodology and corrective action procedures; Enclosure B lists several commendable initiatives; and our findings and corrective actions are presented in Enclosure C. Our review revealed that the actions GADOE took in response to OSEP's prior monitoring report of September 1992 appear to have been effective in resolving a number of the problems identified in that report. We found no systemic deficiencies in the areas of individualized education programs (IEPs), provision of related services, and review and approval of local educational agency applications all areas where GADOE took corrective action after OSEP's 1992 report. OSEP also recognizes several initiatives undertaken by GADOE for providing services to students with disabilities, which are described in Enclosure B to this Letter. OSEP's monitoring places a strong emphasis on those requirements most closely associated with positive results for students with disabilities. Our monitoring revealed that GADOE did not always ensure the provision of services in the least restrictive environment, provision of extended school year services as a #xd6X@@#400 MARYLAND AVE., S.W. WASHINGTON, D.C.#x6X@;X@#у #<6X@,@#Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.#x6X@;X@#ă Page 2 Honorable Linda Schrenko component of a free appropriate public education and provision of prior written notice. In addition, we found problems with GADOE's complaint management system, its due process hearing system and its procedures for monitoring for compliance with Federal requirements in local school systems statewide. The preliminary findings of the monitoring team were discussed with Ms. Paulette Bragg, Director, Division for Exceptional Students, and members of her staff at an exit conference held at the conclusion of OSEP's onsite visit. OSEP staff subsequently provided GADOE with further clarification of its findings through telephone conference calls. GADOE was invited to provide any additional information it wanted OSEP to consider during the development of OSEP's monitoring report. No additional information was submitted by GADOE; therefore, the findings presented in Enclosure C are final. In the event GADOE, after consideration of the data in this letter and its enclosures, concludes that evidence of noncompliance is significantly inaccurate and that one or more findings are incorrect, GADOE may request reconsideration of the finding(s). In such a case, GADOE must submit reasons for its reconsideration request and any supporting documentation within 15 days of receiving this letter. OSEP will review the request and, where appropriate, will issue a letter of response informing GADOE that the finding has been revised or withdrawn. Requests for reconsideration of a finding will not delay development of the corrective action plan and implementation timelines for findings not part of the reconsideration request. I thank you for the assistance and cooperation provided during our review. Throughout the course of the monitoring process, Ms. Bragg and staff members of GADOE's Division for Exceptional Students were responsive to OSEP's requests for information, and provided access to necessary documentation that enabled OSEP staff to acquire an understanding of Georgia's various systems to implement Part B. Members of OSEP's staff are available to provide technical assistance during any phase of the development and implementation of GADOE's corrective actions. Please let me know if we can be of assistance. Before the enactment of the Individuals with Disabilities Education Act (IDEA), one million children with disabilities were excluded from school altogether, and another 3.5 million did not receive appropriate programs within the public schools. Because of the IDEA and the joint actions of schools, school districts, State educational agencies and the Department, more than 5.4 million children with disabilities are in school. Page 3 Honorable Linda Schrenko Thank you for your continued efforts toward the goal of improving education programs for these children and youth with disabilities in Georgia.  Sincerely, Thomas Hehir Director Office of Special Education  Programs Enclosures cc: Ms. Paulette Bragg    X%ENCLOSURE A ă  OSEP's Monitoring Methodology ă  Presite Preparation. OSEP staff began its review of documents related to GADOE's special education program in January 1996. The review included, but was not limited to, GADOE's State plan, State regulations, interagency agreements and other materials that must comply with the requirements of Part B, such as the complaint management, due process hearings, and State monitoring systems. OSEP also reviewed GADOE's placement data based on the December 1995 child count. At GADOE's request, a staff member from the South Atlantic Regional Resource Center participated as an observer during some of the interviews at GADOE's administrative offices, and attended the exit conference. OSEP understands that South Atlantic Regional Resource Center staff will assist GADOE with development and implementation of corrective action plan activities based on the findings contained in this letter.  Involvement of Parents and Advocates During the week of April 1, 1996, OSEP held public meetings in Atlanta, Savannah and Valdosta. The purpose of these public meetings was to solicit comments from parents, advocacy groups, teachers, administrators and other interested citizens regarding their perceptions of GADOE's compliance with Part B. In addition, OSEP conducted outreach meetings with representatives from the Parent Training and Information Project, the Georgia Protection and Advocacy Program, and the Georgia State Advisory Panel to receive additional information. The information obtained from the public meetings and outreach activities, as well as from interviews with State officials and a review of State documents, assisted OSEP in: (1) identifying the issues faced by consumers and others interested in special education in Georgia; (2) selecting monitoring issues (e.g., the provision of services for students with disabilities in the least restrictive environment) to be emphasized while onsite; and (3) selecting the sites to be visited. During the onsite visit, OSEP conducted a parent focus group meeting in Muscogee County in order to hear parents' impressions of special education services provided to their children. This meeting provided OSEP staff with parent views of the methods used by the agency in providing a free appropriate public education to their children as well as the challenges faced by the agency in this endeavor. Onsite Data Collection and Findings The OSEP team consisted   of: Chuck Laster, the Team Leader, Delores Barber, Claudia Brewster, Catherine Cooke, Nell Eano, and Sheila Friedman. The team visited three high schools, two middle schools, four elementary schools (including two preschool programs housed in regular elementary school buildings) in six local school systems (agencies). In addition, the team spent a day at one of GADOE's psychoeducational centers. Where appropriate, OSEP has included in this letter data collected from the seven agencies to support or clarify OSEP's findings regarding the sufficiency and effectiveness of GADOE's systems for ensuring compliance with the requirements of Part B. The agency in which the supporting or clarifying data were collected is indicated by a designation such as "Agency A." The agencies that OSEP visited and the designation used to identify those agencies in Enclosure C of this letter are set forth below: Agency A: Bulloch County Agency B: Cobb County   Agency C: Harris County Agency D: Mitchell County Agency E: Muscogee County Agency F: Oak Tree Psychoeducational Center Agency G: Thomasville City  Corrective Action Procedures  In the interest of developing a mutually agreeable corrective action plan specifically designed to address these findings, OSEP proposes that GADOE representatives discuss with OSEP staff, either in a meeting or telephone conference, the areas of noncompliance identified, the most effective methods for bringing about compliance and improving programs for children with disabilities in the State, and specific corrective actions. We also will invite a representative from Georgia's Special Education Advisory Panel to participate in that discussion. GADOE's corrective action plan must be developed within 45 days of receipt of this letter. Should we fail to reach agreement within this 45 day period, OSEP will be obliged to develop the corrective action plan. In order to begin immediate correction of deficient practices GADOE must undertake the following general corrective actions: 1. GADOE must issue a memorandum to all agencies advising them of OSEP's findings of deficiency. The memorandum must direct agencies to review their respective practices in regard to each of the deficiencies identified by OSEP in order to determine if they have proceeded in a manner similar to the agencies in which OSEP found deficiencies. Should these agencies determine that their current practice is inconsistent with the requirements identified in GADOE's memorandum, they must discontinue the current practice and implement procedures that are consistent with Part B. This memorandum must be submitted to OSEP within 30 days of the issuance of this letter. Within 15 days of OSEP's approval of the memorandum, it must be issued to all agencies throughout the State providing special education or related services to students with disabilities. 2. GADOE must issue a memorandum to those agencies in which OSEP found deficient practices, as identified in Enclosure C of this letter, requiring those agencies to immediately discontinue the deficient practice(s) and submit documentation to GADOE that the changes necessary to comply with Part B requirements have been implemented. This memorandum must be submitted to OSEP within thirty days of the issuance of this letter. Within 15 days of OSEP's approval, GADOE must issue the memorandum to those public agencies in which OSEP found deficient practices. GADOE must send to OSEP verification that all corrective actions have been completed by these public agencies.     #H H@;@#   '3  ENCLOSURE B     @  ddx0  ddx0 @ >>.COMMENDABLE INITIATIVES   Following are commendable GADOE initiatives that OSEP identified during the onsite review: The Georgia Project for Assistive Technology coordinates a statewide technical support network in the area of assistive technology. Staff members conduct a range of technical assistance and training activities such as onsite visits to assist local school system personnel in the development and implementation of programs for individual students, establishment of sitebased assistive technology teams, provision of training on methods of evaluation of students for assistive technology, facilitation of Regional and State training workshops, and establishment of a short term lending library. The Bureau for Students with Severe Disabilities is the result of a cooperative effort between the Division of Exceptional Students, GADOE, and Georgia State University, Department of Special Education and Educational Psychology. Its mission is to provide a statewide systemic approach to assist teachers and schools that are involved in the education of students with severe and profound intellectual disabilities. The Bureau is funded in part with Federal discretionary monies and provides training for teachers on a regional basis. Services include lectures on best practices, handson work with students in classrooms and demonstration teaching. The goal of the initiative is to develop a cadre of qualified teachers who can work with children with severe disabilities. The Institute for Educational Interpreters provides specialized training opportunities for educational interpreters and paraprofessionals with interpreting duties. Each summer, approximately 3050 individuals participate, and to date, approximately 150 individuals statewide have received training from the Institute. Transition Consortium Through awareness of the need for improved services in the area of transition, the Department of Rehabilitation Services, GADOE, the Department of Labor, Colleges and Universities, Mental Health and parents statewide have collaborated in their efforts to share resources at the local school system level to identify student needs for provision of transition services. The goal of the consortium is to provide a unified service delivery system, and eliminate duplication of effort among the agencies involved. This collaborative effort will allow local school systems to coordinate the provision of transition services, and identify issues, problems and barriers to implementation based on the collective experience of participants. The Consortium sponsors the annual Statewide Transition Conference which focuses on enabling more students with disabilities to obtain entry into colleges, universities and technical schools. Conference participants include representatives from the Department of Labor, Rehabilitation Services, Division of Exceptional Students, colleges and universities, adult and teacher education. A major thrust of the conference is the development of a collaborative agreement between GADOE, the Department of Adult and Technical Education and the Department of Vocational Rehabilitation to allow students who graduate with special diplomas or a GED to enter technical schools in the State. Mediation GADOE annually contracts with the Justice Center of Atlanta, to provide an alternative method for the resolution of special education disputes for all agencies in the State. The Justice Center conducts individual mediation sessions, as well as training activities for State and local school system personnel. GADOE's contract specifies that training is held twice each year. These efforts have led to fewer due process hearings and a greater number of successfully mediated disputes between parents and school system. The Behavioral Intervention Program is a model collaboration between three local school systems in Georgia and GADOE for the purpose of dealing more effectively with children who exhibit selfinjurious behaviors. Students may be referred for a period of six weeks. The program is available to students statewide, through technical assistance. The program is set up for replication back in the school setting, and teachers are assisted with developing skills and educational strategies, targeting behaviors, and taking these techniques back to implement in the regular education program. GADOE plans to expand the program to include additional districts in other geographic areas of the State. The Georgia Parent Initiative Program is a technical assistance effort to facilitate communication between parents and educators in the special education process in Georgia. GADOE has developed the publication, Home and School, Partners in Special Education, which describes the special education planning process, informs parents of their rights and responsibilities in the system, and stresses the partnership between parents and schools. GADOE has also developed a series of videotapes explaining the role of parents in the special process, emphasizing effective communication skills. The booklet and videotapes are made available through each of the local school systems and through the Georgia Learning Resource System. ݙ 2 ENCLOSURE C ă 6FINDINGS AND EXPECTED RESULTS/ACTION REQUIRED/TIMELINES   T  ddx&  ddx& T        FEDERAL REQUIREMENT0OSEP FINDING)YEXPECTED RESULTS/ ](VACTION REQUIRED/ TIMELINES   SEA MONITORING (80.40, 300.402, 300.556, and 20 U.S.C. 1232d(b)(3)) [GADOE is responsible for the adoption and use of proper methods to monitor public agencies responsible for carrying out special education programs, and for adoption and use of effective methods for the correction of deficiencies identified through monitoring.] BACKGROUND: GADOE monitors public agencies in the State through its Program Review process on a five year cycle. The process begins with the notification of the onsite visit, and a technical assistance visit by the District Liaison. At that time, the Program Review Document is provided to the agency, which is used as a selfstudy guide. Selected teachers, administrators and parents complete questionnaires which are sent to GADOE for review prior to the onsite visit. The selfstudy document, along with personnel lists and other information is submitted to GADOE two to three weeks prior to the onsite visit, and the issues investigated, files to be reviewed, and facilities to be visited are determined through information derived from these materials. GADOE staff conduct an entrance conference, to discuss the scope of the review. GADOE staff then review student files and other selected documents and visit a predetermined number of buildings to view instructional space and verify existence of materials purchased with Federal funds. Interviews with teachers and/or parents may also be conducted at this time. The onsite visit lasts typically from two to four days, and findings are presented at a working exit conference, where the team provides clarification to agency staff and gathers additional information. Commendations and findings are presented at the final exit, along with the process for completing the corrective action plan. The final program review report is sent to the agency within 30 days, and includes timelines for corrective actions, with each compliance item designated as in full compliance, partial compliance or noncompliance. The agency has 30 days to respond with its plan. Isolated issues must be corrected immediately, and all systemic issues must be corrected within 12 months. At least one postprogram review/followup visit is scheduled within 12 months of the onsite. All actions initiated by the agency are verified by GADOE, either through onsite visits, correspondence, calls or assurance statements. When all issues have been verified as corrected, GADOE will issue a postprogram review approval of the agency's corrective action plan. In its 1992 Report, OSEP made findings of noncompliance with regard to methods for identification of deficiencies regarding certain specified Part B requirements. (20 U.S.C. 1232d(b)(3)(A)).GADOE will revise its monitoring procedures and data collection instruments to ensure that it has an effective method to monitor for each Federal requirement related to Part B specified in this Letter.    '3  FINDING: OSEP reviewed GADOE's procedures for conducting program reviews, including the Program Review Document/Self Study, along with questionnaires, interview forms, GADOE's due process checklists, and all other ancillary monitoring procedures and materials, and finds that the procedures that were in effect at the time of OSEP's visit did not include a method to determine compliance regarding the following requirements:    300.300Free Appropriate Public EducationExtended school year    ooo300.342(b)(2)IEP implemented following meeting    SEA MONITORING (Continued)Requirements for which GADOE's monitoring procedures did not contain a method to determine compliance [continued]: 300.344(c)(3)Agency does not attend; steps to ensure participation    ooo300.345(b)(2)Transition notice: purpose; invite student; representative of other agency    ooo300.346(b)(2)IEP content Basis for transition services not addressed    ooo300.347(a)If agency fails to provide services public agency schedules a meeting    ooo300.505(a)(4)Factors relevant to agency's proposal or refusal    ooo300.505(b)(1)Notice in language understandable to the general public    ooo300.550(b)(1)Children with disabilities are educated with nondisabled students to the maximum extent appropriate to the needs of the child    ooo300.551(b)(2)Provision for supplementary aids and services to be provided in conjunction with regular class placement    ooo    In addition, OSEP's review indicated that GADOE does not have a complete method for monitoring compliance with the following requirements: 300.504(a) Prior notice The language "a reasonable time" is not included in the Program Review Document. Also, this document states that notice will be provided in instances where the public agency proposes or refuses to initiate or change the related services provided to the student, but does not state that notice is provided when a public agency otherwise proposes or refuses to initiate or change the provision of a free appropriate public education to a child. 300.533(a)(3) Placement procedures The Program Review Document does not include the requirement that the individuals making the placement decision must include those knowledgeable about the placement options. 300.553 Nonacademics The Program Review Document states that each child with a disability participates with nondisabled children in nonacademic and extracurricular services and activities when appropriate. The Federal requirement specifies that such participation must be to the maximum extent appropriate to the needs of the child.    ooo     COMPLAINT MANAGEMENT 300.660(a) and 300.662 [GADOE must ensure that any complaint that a public agency has violated a requirement of Part B be investigated and resolved within 60 calendar days after the complaint is filed, unless GADOE has extended the time limit because exceptional circumstances exist with respect to a particular complaint.]  BACKGROUND: GADOE informs parents and other interested parties of its procedures for complaint management through the regionalized Georgia Learning Resource System, and through reminders to public agencies and advocacy groups. GADOE's formal complaint procedures are detailed in the State regulations at 16047.03. These procedures require that a complainant must file a written, signed complaint with GADOE alleging that a public agency is not in compliance with a Part B requirement. GADOE then sends a letter to the public agency involved, informing them of the complaint, and requesting a response within ten calendar days. The complainant also receives a copy of the letter, and is also invited to submit additional documentation. GADOE then reviews the agency's response to determine if the issue has been resolved or, if it is necessary for GADOE to make an onsite visit to resolve or further clarify the issue. GADOE's onsite team may examine records, conduct interviews and/or classroom visitations. GADOE then reviews all relevant information, and makes a determination whether the agency has violated a Part B requirement. If the resolution letter sent to the public agency indicates that a violation has occurred, the letter will inform the agency that it must submit a plan for correction with specific timelines for completion. GADOE incorporates all issues involved in complaints from each public agency into that agency's subsequent program review.  FINDING : OSEP finds that GADOE does not ensure that complaints are resolved within 60 calendar days after the complaint is filed, unless the timeline is extended due to exceptional circumstances with respect to a particular complaint. OSEP interviewed GADOE officials responsible for complaint resolution in the State, and reviewed complaint logs tracking complaints filed from June 1993 through December 1995. Of the 41 complaints filed with GADOE during this period, 15 exceeded the established 60 day timeline or the extended timeline from two to 26 days beyond the required timeline. GADOE must demonstrate that its procedures ensure that any complaint that a public agency has violated a requirement of Part B be investigated and resolved within 60 calendar days after the complaint is filed, unless GADOE has extended the time limit because exceptional circumstances exist with respect to a particular complaint. $ $  PROCEDURAL SAFEGUARDS: Impartial due process hearings 300.512(a) and (c) [GADOE is responsible for ensuring that not later than 45 days from the receipt of a request for a hearing, a final decision is reached and a copy is mailed to each of the parties, unless a specific time extension is granted at the request of either party.]  BACKGROUND: Prior to 1994, GADOE maintained a twotier system for conducting impartial due process hearings. In January 1994, GADOE converted to a one tier due process hearing system. In April 1995, GADOE initiated a contract with the Georgia Office of Administrative Hearings to conduct impartial due process hearings. Under the present system, parents who wish to request a due process hearing are instructed to contact their local agency. When the agency receives a request for an impartial due process hearing, or when the agency initiates a request, it informs GADOE's Office of Legal Services which contacts the Office of Administrative Hearings. The Office of Administrative Hearings appoints an administrative law judge to serve as the hearing officer. The administrative law judge then makes the necessary arrangements and conducts the impartial due process hearing. GADOE Division for Exceptional Students staff informed OSEP that until April 1996, the Office of Legal Services maintained a log of impartial due process hearing activities and provided the log to the Division for Exceptional Students. The Division then used the log to monitor for timelines. Division staff stated that they also contacted the Office of Administrative Hearings, the Administrative Law Judge, and the Office of Legal Services, to obtain additional information that was not provided on the log, or to provide guidance. In April 1996, the responsibility for preparation and maintenance of a log of due process hearings was transferred from the Office of Legal Services to the Division for Exceptional Students. Division staff informed OSEP that it monitors for the requirements of 300.512(a) and (c) through the preparation and maintenance of the log. OSEP reviewed the fiscal year 1996 log of impartial due process hearings that was prepared by the GADOE Division for Exceptional Students as part of its oversight and monitoring responsibilities. The headings under which information was recorded include the following: Case Number, Name of Hearing Officer/Administrative Law Judge, Date of Hearing Request, Mediation, Time Extension, Date of Hearing, Time Extension (subsequent to the initiation of the hearing), Other Action, Date Resolved, and File Completion. The column titled "Date Resolved" indicated whether resolution was by consent agreement, hearing decision, settlement, request for hearing withdrawn, or an order of dismissal agreement. Records of completed due process hearings are maintained by the Division. In its 1992 monitoring Report, OSEP made findings with regard to timelines in due process hearings and reviews. (300.512). FINDING 1: OSEP finds that GADOE has not implemented effective monitoring procedures to ensure that the requirements of 300.512(a) and (c) are met. GADOE officials informed OSEP that the only data that they review in the hearing records to determine whether hearing decisions are reached and mailed to the parties within the timelines required by 300.512(a) and (c) are those that GADOE includes in its log. OSEP reviewed that log and determined that while it does indicate whether a hearing officer extended the timeline, the log does not direct the person completing it to make a determination whether the hearing officer has met the requirements of 300.512(c) (i.e., whether the extension was at the request of a party and a specific period of time), and to record that information. As explained below, OSEP finds that the log did not, in many cases, indicate whether the extension was for a specific period of time and at the request of a party. GADOE will ensure that not later than 45 days from the receipt of a request for a hearing, a final decision is reached and a copy is mailed to each of the parties unless a specific time extension is granted at the request of either party. GADOE will revise its monitoring procedures to ensure that the requirements of 300.512(a) and (c) are met.   PROCEDURAL SAFEGUARDS: Impartial due process hearings 300.512(a) and (c) [Continued]OSEP reviewed the twentyeight requests for due process hearings that were logged between 7/1/95 and 12/1/95. Five of the 28 requests resulted in due process hearings, and the other 23 requests were withdrawn, settled, dismissed, or a consent agreement was reached. In 12 of the 28 requests for a due process hearing, the 45 day timeline was exceeded, and there were no requests for extensions recorded in the log prepared by GADOE. The timelines in these cases exceeded the 45 day timelines in amounts ranging from 7 days to 4 months and 27 days. The log noted that of the 16 requests for which extensions were recorded, 10 were extended for a specific period of time. The log entries for the other six extensions did not include a specific time limit, and all were resolved from 56 to 169 days beyond the 45 day timeline requirement. There was a notation on two of these entries that stated that the "parties waived the timelines." On another entry, under "Time Extension" was stated "continued until further notice," and in the remaining three entries, there was no reference to the amount of time. FINDING 2: OSEP finds that GADOE does not always ensure that no later than 45 days from the receipt of a request for a hearing, a final decision is reached and a copy is mailed to each of the parties, unless a specific time extension is granted at the request of either party. OSEP randomly selected for review files of four hearings noted on the log that included extensions. The log indicated that three of the four requests selected by OSEP resulted in a due process hearing decision, and one resulted in dismissal. For the purpose of this Report, OSEP labeled the records it reviewed, Record A, B, C, and D. OSEP's review of these fil