SOP 108.03: Special Education

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Special Education|Policy Name:Special Education|Policy Name:Special Education|
|Policy Number: 108.03|Effective Date: 07/10/2025|Page Number: 1 of 14|
|Authority:
Commissioner
|Originating Division:
Inmate Services Division
(Education)|Access Listing:
Level I: All Access
|

I. Introduction and Summary:

It is the policy of the Georgia Department of Corrections (GDC) to provide services
to meet the educational or vocational needs of offenders who qualify for special
placement in education due to physical, mental, emotional, or learning disabilities. All
offenders who are younger than twenty-two (22) years of age are screened for prior
diagnosis of disabilities that relate to educational needs and are referred for Special
Education services as appropriate.

II. Authority:

A. Individuals with Disabilities Act (IDEA) of 2004: Public Law 101-476 and 105
17; Americans with Disabilities Act: Public Law 101-336; Family Educational
Rights and Privacy Act (FERPA): 20 U.S.C. § 1232g, 34 CFR Part 99.

B. O.C.G.A. §§42-5-64 and 42-5-57; and

C. ACA Standard: 5-ACI-7B-10.

III. Definitions:

As used in this SOP, these terms are defined as follows.

A. Aspen - Aspen is a company that provides an online student information database

for use with offenders who qualify for Special Education services within GDC.

B. Compliance Monitoring - The process in which regional and central office staff,

as well as staff from the Georgia Department of Education (GA DOE), review
Special Education records, services, equipment, and materials annually to
determine compliance with federal and state regulations.

C. Due Process Hearing - An established course for judicial proceedings, designed

to safeguard the legal rights of an individual. Under IDEA, the rights of parents
and students are protected through a procedural Due Process structure.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Special Education|Policy Name:Special Education|Policy Name:Special Education|
|Policy Number: 108.03|Effective Date: 07/10/2025|Page Number: 2 of 14|
|Authority:
Commissioner
|Originating Division:
Inmate Services Division
(Education)|Access Listing:
Level I: All Access
|

D. Family Educational Rights and Privacy Act (FERPA) - Federal law that

protects the confidentiality of student records.

E. Free and Appropriate Public Education (FAPE) - All individuals with

disabilities who are under the age of twenty-two (22) have the right to FAPE. To
be appropriate, education programs for students with disabilities must be designed
to meet their needs to the same extent that the needs of non-disabled students are
met. Teachers of students with disabilities must be trained in the instruction of
individuals with disabilities.

F. Full Time Equivalent (FTE) Count - A report submitted annually by the Special

Education Administrator that counts the number of offenders served in Special
Education and tracks the completion outcomes of these offenders. The FTE Count
is vital to the grant funding received by GDC each year.

G. GO-IEP - GO-IEP is an online IEP tool that facilitates management and

implementation of the IEP in order to ensure compliance with federal and state
mandates.

H. Individualized Education Plan (IEP) - A written document for a student with

disabilities that outlines the Special Education services, accommodations, and
goals established to assist the student in making educational progress.

I. Individuals with Disabilities Education Act (IDEA) - The federal law that

provides for a Free and Appropriate Public Education to individuals with
disabilities who are under twenty-two (22) years of age.

J. Prior Written Notice (PWN) - Refers to the notice required when the IEP team

proposes or refuses to initiate the change of identification, evaluation, or
educational placement of the offender or provision of FAPE. The content of the
notice must include a description of the action proposed or refused by the team; an
explanation of why the IEP team proposes or refuses the action; a description of
each evaluation procedure, record, or report the IEP team used as a basis for the
proposed or refuted action; a description of other options that the IEP team

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Special Education|Policy Name:Special Education|Policy Name:Special Education|
|Policy Number: 108.03|Effective Date: 07/10/2025|Page Number: 3 of 14|
|Authority:
Commissioner
|Originating Division:
Inmate Services Division
(Education)|Access Listing:
Level I: All Access
|

considered and reasons why those options were rejected; and a description of other
factors that are relevant to the IEP team proposal or refusal.

K. Special Education - Instruction and related services, such as specified materials

and equipment, deemed necessary for an individual with disabilities to benefit
from the educational program. Special Education services must be conducted in
the least restrictive environment, or to the maximum extent appropriate.

L. Special Education Administrator - The Director of Academic Education, or

designee, named by the Director of Academic Education, who is responsible for
the oversight of Special Education services within GDC.

M. Special Education Manual - A guide to Special Education services within GDC

that contains forms needed for documentation and compliance with federal and
state mandates. All forms referenced in this SOP can be found in the Manual, and
every GDC facility has a copy of the Manual per DOE guidelines.

N. Special Education Teacher - Teacher who is certified in the instruction of

students with disabilities.

O. Surrogate Parent - As defined by the Georgia Department of Education, an

individual appointed by the local education agency (LEA) to make educational
decisions regarding a FAPE of a child with a disability.

P. The State Repository of Information System (SCRIBE) - GDC’s official

offender records management system.

IV. Statement of Policy and Applicable Procedures:

A. Special Education Teachers at designated facilities, and under the direction of the

Special Education Administrator, are responsible for ensuring that offenders aged
17 - 21 are screened for prior diagnosis of disabilities and served appropriately
while incarcerated.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Special Education|Policy Name:Special Education|Policy Name:Special Education|
|Policy Number: 108.03|Effective Date: 07/10/2025|Page Number: 4 of 14|
|Authority:
Commissioner
|Originating Division:
Inmate Services Division
(Education)|Access Listing:
Level I: All Access
|

B. Specific policy and procedures are established to ensure that GDC complies with

state and federal mandates regarding Special Education services.

C. All Due Process protections guaranteed by State and Federal Departments of

Education laws, rules, and regulations governing Special Education will be
followed.

D. Qualifications for Special Education Services:

1. An offender who is under twenty-two (22) years of age, who has a prior history

of disability and/or an IEP in the last educational setting, and has an
educational need will be admitted into the Special Education program.

2. An offender who is under twenty-two (22) years of age, who has no prior

history of a disability and/or no IEP in the last educational setting, will not be
considered eligible for Special Education services.

3. An offender who has a prior history of disability and/or an IEP but has been

exited from Special Education in a prior school system will not be considered
eligible for Special Education services.

4. An offender who has reached the age of twenty-two (22) is no longer eligible

for state and federal IDEA provisions.

E. Offender Rights:

1. Consent for evaluation must be obtained from an offender who is aged

seventeen through twenty-one (17-21) or under the age of twenty-two (22)
utilizing Form 14, Consent for Evaluation/Re-Evaluation. If an offender who
is aged sixteen (16) or under is housed in a GDC adult correctional facility,
parental or Surrogate Parental consent must be obtained.

Note: Forms referenced in this policy are in the Special Education Manual.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Special Education|Policy Name:Special Education|Policy Name:Special Education|
|Policy Number: 108.03|Effective Date: 07/10/2025|Page Number: 5 of 14|
|Authority:
Commissioner
|Originating Division:
Inmate Services Division
(Education)|Access Listing:
Level I: All Access
|

2. Consent to request records from schools of prior enrollment must be obtained

as required by FERPA.

3. Offenders will have hearing and vision screenings performed by qualified

medical staff at the facility prior to evaluation/re-evaluation if there is evidence
of a significant change since the last hearing and vision screening on record.

4. An individual formal re-evaluation or data review will be performed by

qualified staff.

5. An eligibility report will be completed prior to placement.

6. Consent for placement must be obtained from an offender, parent, or Surrogate

Parent, as appropriate, based on age.

7. An IEP will be created upon transfer to a facility that provides Special

Education services.

8. A complete review of eligibility or a data review is required every three (3)

years.

9. Offenders may refuse Special Education services at any time. Upon refusal,

the offender will be exited from services in GO-IEP and Aspen.

10. Offenders of appropriate age and eligibility may not request re-admission into

Special Education services at any time once he or she has signed a refusal of
services on Form 19, Special Education Refusal of Services.

11. GDC will strictly adhere to FERPA to protect the confidentiality of students’

educational records and uphold their rights to privacy and access and will not
release information to unauthorized individuals without a signed release form,
except as permitted by law.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Special Education|Policy Name:Special Education|Policy Name:Special Education|
|Policy Number: 108.03|Effective Date: 07/10/2025|Page Number: 6 of 14|
|Authority:
Commissioner
|Originating Division:
Inmate Services Division
(Education)|Access Listing:
Level I: All Access
|

F. Diagnostic Facilities:

1. The Special Education Teacher at the Diagnostic Facility will:

a. Be given a list of newly admitted offenders aged seventeen through twenty
one (17-21) years old.

b. Forward the list to the Special Education Administrator, who will use the

Georgia Unique Identifier for Education (GUIDE) system to seek initial
verification of a history of Special Education services.

c. Interview offenders who were found to have a history of Special Education

services and document on Form 1, State Prison Education Interview.

d. Research and obtain offender Special Education records, transcripts, and

score reports from prior educational institutions utilizing Form 4, Request
for Educational Records; Form 31, Request for Educational Records Cover
Sheet; and Form 29, Research Assessment.

e. Make at least three (3) attempts to collect prior educational records within

ten (10) business days of initial interview to include phone call, facsimile,
email, and/or postal mail, documenting these attempts on Form 8, Records
Access Log.

f. Verify current eligibility to receive Special Education services and submit

verification to the Special Education Administrator utilizing Form 13,
Verification of Special Education Status. The Special Education
Administrator will enter the offender’s information into the Aspen database
for FTE Count and GO-IEP usage. The Special Education Administrator
will claim the GTID number in GO-IEP and assign the Diagnostic Facility
Special Education Teacher as the case manager in GO-IEP.

g. Distribute and explain, as needed, the Inmate Guide to Understanding

Special Education Rights, ensuring that offenders understand:

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Special Education|Policy Name:Special Education|Policy Name:Special Education|
|Policy Number: 108.03|Effective Date: 07/10/2025|Page Number: 7 of 14|
|Authority:
Commissioner
|Originating Division:
Inmate Services Division
(Education)|Access Listing:
Level I: All Access
|

i. As an adjudicated adult, the rights previously afforded to parents under

IDEA have been transferred to the offender.

ii. The offender is entitled to all rights outlined in IDEA, including notice

of all meetings pertaining to the offender’s program, written consent
for participating in Special Education programming, and right to attend
the individual’s meetings (as appropriate), obtain an individual
evaluation, review the individual’s records, and obtain a Due Process
Hearing, if necessary.

h. Notify appropriate facility staff that the offender has an educational

disability and should be transferred, housed, and retained at a facility
designated as a Special Education Facility, utilizing Form 29,
Recommendation for Consideration of Inmate Placement.

i. Retain all documents in the offender’s Special Education folder to be

transferred to the permanent Special Education facility upon transfer.

j. Upload documentation in GO-IEP, if appropriate.

k. Notify the Special Education Administrator that a qualified offender will

be shipped to another facility for documentation purposes and case
manager changes in GO-IEP and Aspen.

2. Offenders who qualify for Special Education services should be transferred

within ten (10) business days of verification of exceptionality, barring security
risks or other emergency situations.

3. Delay of movement should be discussed with the Special Education

Administrator so that documentation can be created for Compliance
Monitoring.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Special Education|Policy Name:Special Education|Policy Name:Special Education|
|Policy Number: 108.03|Effective Date: 07/10/2025|Page Number: 8 of 14|
|Authority:
Commissioner
|Originating Division:
Inmate Services Division
(Education)|Access Listing:
Level I: All Access
|

4. The diagnostic facility that receives female offenders is the permanent Special

Education facility for female offenders. These individuals will not transfer to
another female facility for services.

G. Permanent Special Education Facilities:

1. The Special Education Teacher will:

a. Communicate with the Special Education Teacher at the diagnostic facility.

b. Notify the Special Education Administrator that the offender has arrived so

that the case manager may be changed in GO-IEP to the Permanent Facility
Special Education Teacher.

c. Participate in intake to identify offenders who qualify for Special

Education services.

d. Review documents sent from the diagnostic facility to determine

appropriate placement, testing, or activities, including IEP deadlines and
re-evaluation.

e. Lead the IEP team, which will consist of the offender (if appropriate), the

Special Education Teacher, another academic instructor, the Special
Education Administrator, and/or the Deputy Warden of Care and
Treatment, and a staff member from another department within GDC (if
appropriate). Per U.S. Department of Education guidelines, the parent
should be invited to the IEP meeting. GDC will invite the parent through a
letter generated in GO-IEP. The parent may attend through a virtual
conference. The parent may not attend if he/she is a co-conspirator, a
victim, incarcerated, or otherwise legally ineligible to have contact with the
offender.

f. Complete the IEP utilizing GO-IEP after facility admission, utilizing the

Dashboard in GO-IEP for priority scheduling.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Special Education|Policy Name:Special Education|Policy Name:Special Education|
|Policy Number: 108.03|Effective Date: 07/10/2025|Page Number: 9 of 14|
|Authority:
Commissioner
|Originating Division:
Inmate Services Division
(Education)|Access Listing:
Level I: All Access
|

g. Provide PWN if the IEP team has varied significantly from prior IEP

documents.

h. Update the IEP at least once per year, considering health concerns, post
secondary goals, present levels of performance, annual goals, related
services, and accommodations.

i. Determine the continued eligibility with the IEP team by conducting a data

review and/or initiating a re-evaluation with the contract psychologist.

j. Obtain hearing and vision screening records completed during diagnostics

and determine if significant changes have occurred. If significant changes
are noted, schedule a hearing and vision screening within the facility, if
available, or work with facility staff to schedule an outside medical
appointment prior to the re-evaluation, as is mandated by federal and state
law.

k. Maintain document confidentiality, only sharing information as is

appropriate through FERPA.

l. Ensure that the offender is enrolled in both an academic education class

and the Special Education program within SCRIBE.

m. Communicate immediately with the Special Education Administrator if an

offender who is in the Special Education Program is moved to a facility
that is not a designated Special Education Facility.

n. Provide appropriate instructional services through FAPE in the least

restrictive environment to include in-class support, small group instruction,
direct instruction, one-on-one instruction, consultation, and distance
learning or alternative models of instruction, as appropriate.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Special Education|Policy Name:Special Education|Policy Name:Special Education|
|Policy Number: 108.03|Effective Date: 07/10/2025|Page Number: 10 of 14|
|Authority:
Commissioner
|Originating Division:
Inmate Services Division
(Education)|Access Listing:
Level I: All Access
|

H. Non-Special Education Facilities:

1. Offenders who report that they have received Special Education services in the

past, who are under twenty-two (22) years of age, and who are housed at state
prisons that do not provide Special Education services may reinstate services
as long as they meet qualification criteria, including not having signed a refusal
of services while incarcerated or not having been exited from Special
Education services in a previous school system.

2. Names and GDC Identification Numbers of any offender who wishes to

reinstate services should be sent to the Special Education Administrator who
will contact Offender Administration and, when appropriate, the Director of
Facility Operations to determine movement possibilities, if applicable.

3. The facility may continue to serve the student in education classes until the

student can be verified and transferred.

4. If a student cannot be transferred due to security, e.g., a program that is

mandated for the offender, etc., a rationale will be documented by the Special
Education Administrator for Compliance Monitoring.

5. The Special Education Administrator will work with facilities to determine an

alternate plan for serving offenders who qualify for Special Education services
in Probation Detention Centers, Transition Centers, or who cannot be
transferred due to security concerns, etc. to include distance learning or other
models of instructional delivery.

6. If an offender does not wish to participate in Special Education services but

has not been removed from the program, the regular education teacher will ask
the student to sign Form 19, Special Education Refusal of Services, and
forward this form to the Special Education Administrator. The Special
Education Administrator will remove this student from Aspen and GO-IEP, if
appropriate.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Special Education|Policy Name:Special Education|Policy Name:Special Education|
|Policy Number: 108.03|Effective Date: 07/10/2025|Page Number: 11 of 14|
|Authority:
Commissioner
|Originating Division:
Inmate Services Division
(Education)|Access Listing:
Level I: All Access
|

I. Special Housing Units:

1. The provision of Special Education services extends to offenders who qualify

for services and are placed in special housing units to include Tier,
Segregation, and Special Management Unit.

2. The provision of Special Education services extends to offenders who are

housed in a facility or dorm that is on temporary lockdown due to security
provisions.

3. The Special Education Teacher will:

a. Establish a designated time and date each week to provide Special

Education services to qualified offenders.

b. Document services that are provided to qualified offenders in special

housing.

J. Refusal of Services:

1. An offender may refuse Special Education services at any time. The offender

will:

a. Complete and sign Form 19, Special Education Refusal of Services; and

b. Be served with PWN.

2. If an offender refuses Special Education services and refuses to sign the

appropriate form, the Special Education Teacher and another witness may each
sign the document and note the refusal. The Special Education Administrator
will contact the Georgia Department of Education for permission to remove
the offender from services.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Special Education|Policy Name:Special Education|Policy Name:Special Education|
|Policy Number: 108.03|Effective Date: 07/10/2025|Page Number: 12 of 14|
|Authority:
Commissioner
|Originating Division:
Inmate Services Division
(Education)|Access Listing:
Level I: All Access
|

3. Refusal of Special Education Services does not constitute a refusal of, or

removal from, other academic education programming. An offender may
remain in educational programming and refuse Special Education Services.

4. Form 19, Special Education Refusal of Services, should be retained in the

Special Education file for the offender. A copy should be sent to the Special
Education Administrator. The refusal will be noted as an Exit Event in GOIEP by the Special Education Administrator.

K. Due Process Hearing:

1. An offender has the right to a Due Process Hearing in the event of a dispute

about evaluation or placement in the Special Education program.

2. The steps for a Due Process Hearing include:

a. The offender requests a Due Process Hearing Request form from the

Special Education Teacher.

b. The offender will complete the form to include his or her concerns as well

as potential solutions and return it to the Special Education Teacher.

c. The Special Education Teacher will sign and date the form and forward the

due process request to the GDC General Counsel before the close of
business on the day received.

d. The General Counsel will notify the Attorney General’s Office of the

receipt of the due process request for appropriate processing within one (1)
business day of receiving the form.

L. Transfers:

1. Offenders will not be transferred to any facility, unless for penological reasons,

that cannot provide appropriate Special Education services.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Special Education|Policy Name:Special Education|Policy Name:Special Education|
|Policy Number: 108.03|Effective Date: 07/10/2025|Page Number: 13 of 14|
|Authority:
Commissioner
|Originating Division:
Inmate Services Division
(Education)|Access Listing:
Level I: All Access
|

2. If an offender is transferred, the Special Education Teacher should notify the

Special Education Administrator. At this point, an alternative plan should be
made to serve the offender with Special Education Services.

M. Program Completion:

1. When an offender reaches the age of twenty-two (22), the Special Education

Teacher should end the program as “Completed Successfully” in SCRIBE and
issue a certificate of completion. Regular academic education programs should
not be ended.

2. If an offender refuses Special Education services and signs Form 19, the

program should be ended as Voluntary Withdrawal in SCRIBE.

3. If an offender transfers to a charter school, the program should be ended as a

Transfer.

4. If an offender earns a high school equivalency diploma or is paroled or

released, the Special Education program should be ended as “Completed
Successfully” in SCRIBE.

5. Program completion reasons will also be documented in the Aspen database

for FTE Count purposes.

6. The records and file of each offender who is no longer enrolled in Special

Education services will remain at the Special Education Facility.

N. Compliance Monitoring:

1. GDC Special Education Administrator, or designee, will review all Special

Education caseloads monthly to determine if the program is compliant with
federal and state requirements on IEP development and implementation. If a
facility is not in compliance, a written review and recommendations will be
shared with Special Education Teachers and facility leadership. On-site

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Special Education|Policy Name:Special Education|Policy Name:Special Education|
|Policy Number: 108.03|Effective Date: 07/10/2025|Page Number: 14 of 14|
|Authority:
Commissioner
|Originating Division:
Inmate Services Division
(Education)|Access Listing:
Level I: All Access
|

training will be provided by the Special Education Administrator or designee,
if training is needed for compliance.

2. The Georgia Department of Education will conduct annual program evaluation

through Compliance Monitoring.

V. Attachments: None.

VI. Record Retention of Forms Relevant to this Policy:

Documents generated for individual students are housed online in the GOIEP and GA
DOE environments and are retained per the respective retention schedules of those
agencies. Any printed, paper copies of forms generated for a student are kept in a
folder for that student in the special education office for five (5) years. If a student is
released from GDC custody, the student's folder and records may be transported to
central office to be stored by the academic director until the remainder of the five (5)
years of retention.