What is a Medicaid Section 1115 waiver?

Georgia’s Governor Brian Kemp has said that his administration would request a federal waiver to seek new flexibility to use Medicaid dollars, during his first State of the State address. 

Section 1115 waivers have been used in the Medicaid program to provide states an avenue to test and implement coverage approaches that do not meet federal program rules. Find out more about Section 1115 waivers here.

Bipartisan bill introduced to delay EVV

On Tuesday, May 22, 2018, U.S. Senators Lisa Murkowski (R-AK) and Sherrod Brown (D-OH) introduced a bipartisan bill to delay the implementation of a provision contained in the 21st Century Cures Act requiring States to have Electronic Visit Verification (EVV) systems in place for personal care services by January 1, 2019. The Murkowski Brown legislation would delay the new Medicaid requirement for one year, until January 1, 2020.

Cosponsors of the bill include U.S. Senators Dan Sullivan (R-AK), Dianne Feinstein (D-CA), Patty Murray (D-WA), Amy Klobuchar (D-MI), Tina Smith (D-MN), and Rob Portman (D-OH). Companion legislation was also introduced on Tuesday, May 22 in the House, sponsored by Congressman James Langevin (D-RI) and Congressman Don Young (R-AK).

Federal officials have issued guidelines for Electronic Visit Verification

The 21st Century CURES Act, enacted by Congress in December 2016, included a provision for “electronic visit verification,” or EVV, which requires that service providers electronically check in when providing in-home care to people with disabilities in order to prevent fraud. This week the Centers for Medicare and Medicaid Services issued guidelines to help states comply with this upcoming Medicaid requirement.

State Advisory Panel Seeks Public Comment

The State Advisory Panel for Special Education (SAP) advises the Georgia Department of Education (GaDOE) Divisions for Special Education Services and Supports on the provision of special education and related services for students with disabilities. The SAP is comprised of parents, persons with disabilities, educators and administrators as well as representatives from public and private agencies.

The SAP continuously seeks public comment regarding the services rendered to students in Georgia’s public schools.

In accordance with SAP procedures you must provide your name and submit your comments in writing by 4:00 PM and at least 3 business days in advance of the meeting. Written input must include the name, address, email address and county of residence of the person submitting comment.

A schedule of upcoming meetings and more information about Georgia’s State Advisory Panel is available online.
Public Comment Online Form: https://form.jotform.com/90677970890170

Georgia Coalition for Equity in Education (GCEE) has compiled the latest information on Justice Department ruling on GNETS

In July 2015, the U.S. government determined that the GNETS program illegally segregates students with disabilities. The report also stated that this was in violation of Title II of the American with Disabilities Act (ADA). GCEE is urging the state of Georgia to transform its separate and unequal educational program serving thousands of children with behavioral disabilities into a system that provides needed services and supports to integrate students into their own local schools. Get all the information on GNETS and the DOJ ruling here.

Georgia launchs new ABLE program named Georgia STABLE

Individuals with disabilities and their families often live a life of poverty as a result of not being allowed to save even modest amounts of money without fear of losing supports through SSI, Medicaid and other publicly-funded programs. 

ABLE Programs like Georgia STABLE allow qualified individuals with disabilities to save up to $14,000 a year in an ABLE account without jeopardizing their eligibility for federally-funded benefits, such as Supplemental Security Income (SSI) and Medicaid. The funds in the account can be used for disability-related expenses that assist the beneficiary in increasing and/or maintaining his or her health, independence or quality of life.

State Advisory Panel Seeks Applicants

The Georgia Department of Education Division for Special Education Services and Supports is currently accepting applications for the State Advisory Panel for Special Education (SAP). The SAP is comprised of parents, persons with disabilities, educators and administrators who are knowledgeable about the education of all children. SAP members provide input and advice into meeting the statewide needs of students with disabilities. Application deadline is March 1, 2019. More information and application.

EVV Readiness Survey

The 21st Century Cures Act passed by Congress requires states to implement Electronic Visit Verification(EVV) for Medicaid-financed Personal Care Services by January 1, 2019 and Home Health Care Services by January 1, 2023. EVV is a technology (like an online time-sheet) that gathers time, attendance, and other care plan details, and is to be entered by a home care worker at the point of care. The Georgia Department of Community Health (DCH) created the following EVV Readiness Survey to gather details on your basic knowledge and readiness for the EVV implementation. Replies to the survey questions will be kept private, as the details gathered will only be used to help DCH choose an EVV system. Replies will also help DCH develop training materials for Medicaid members and service providers.

The survey should take no more than 10-15 minutes to complete and closes on Monday, April 30th, 2018 at 5pm EST. Please use the following link to access the survey:https://www.surveymonkey.com/r/W98XCFH

For more information regarding EVV and Georgia’s implementation, please visit:https://dch.georgia.gov/georgia-medicaid-electronic-visit-verification

What Is EVV and Why Should You Care?

Join GCDD on Friday, September 14 at 12:00 PM for the educational webinar, “What Is EVV and Why Should You Care?”

GCDD’s Public Policy Director Dawn Alford and the Center for Public Representation’s Director of Advocacy Alison Barkoff will spend the lunch hour explaining new changes to Medicaid-financed personal care services and home health care services. This will impact you if you rely on the NOW, COMP, ICWP, CCSP, or SOURCE waiver.

Co-sponsored by the Statewide Independent Living Council, the Arc of Georgia, the Georgia Council on Aging, Parent 2 Parent of Georgia, the Georgia Advocacy Office, NAMI Georgia, and Georgians for a Healthy Future, this will be an event you will not want to miss.

Space is limited, so be sure to log on to the Adobe Connect virtual meeting room promptly at noon on the day of the webinar.

What is Georgia Department of Education’s SSIP?

The Office of the Special Education Programs(OSEP) has required that each State Educational Agency (SEA) develops a State Systemic Improvement Plan (SSIP) that includes a comprehensive, multi-year focus on improving results of students with disabilities. Georgia will implement a systemic plan, “Student Success”, in FY16 to improve graduation outcomes for students with disabilities.

Know more

Class Action Lawsuit filed

Parents and Advocates filed suit in federal court October 11, 2017.  The lawsuit, was filed by parents of children with disabilities, the Georgia Advocacy Office, the Center for Public Representation, the Bazelon Center for Mental Health Law, the Arc, DLA Piper LLP and the Goodmark Law Firm.  The class action lawsuit, filed in federal court, alleges that the state of Georgia, in denying GNETS students the opportunity to be educated with their non-disabled peers in neighborhood schools, violates the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Fourteenth Amendment to the United States Constitution.  For more information about the litigation, please visit www.centerforpublicrep.org/court_case/gao-v-georgia/

And see the GNETS Complaint Summary.Download

Public Hearings on the Proposed Repeal & Initiation of State Board of Education GNETS Rule (160-4-7-.15)

The Georgia Department of Education hosted four public hearings to collect comments on the proposed revisions to the GNETS (Georgia Network for Educational and Therapeutic Support) rule.  Public comments were accepted at the hearings and by email to GNETrule@doe.k12.ga.us.  The deadline for written comments was April 14, 2017. 

Hearings:

  • April 12, 2017 – 3:00 pm – 6:00 pm – Gwinnett County 

Buford Middle School Auditorium – 2700 Robert Bell Parkway, Buford, GA 30518

  • April 13, 2017 – 3:00 pm – 6:00 pm – Laurens County

Dublin High School Auditorium – 1127 Hillcrest Parkway, Dublin, GA 31201

  • April 19, 2017 – 3:00 pm – 6:00 pm – Thomas County

Thomas County Schools Professional Learning Center – 200 North Pinetree Blvd, Thomasville, GA 31792

  • June 15, 2017 – 9:30 am – Fulton County – State Board Meeting

Twin Towers East State Board of Education Room 2070 – 205 Jesse Hill Jr. Drive SE, Atlanta, GA 30334

Public Hearing AnnouncementDownload
GNETS Current Rule 160.4.7-.15Download
GNETS Revised (Proposed) Rule 160.4.7-.15Download

Georgia Coalition for Equity in Education (GCEE)

  • What is the Georgia Coalition for Equity in Education?

We are a broad coalition of disability, educational, mental health, child welfare, juvenile justice, civil rights and parent and youth advocacy groups from across the state who have joined together around our shared concerns about the Georgia Network for Educational and Therapeutic Supports (GNETS) program. 

Read the GCEE Stakeholder Letter to Governor Deal – November 25, 2015Download
Read the GCEE Press Release – November 25, 2015Download
  • What is the GNETS?

1) It is a statewide program that segregates students based on their behavior-related disabilities.

2) The program is usually housed in separate buildings, but can also be in a separate area in a traditional neighborhood school.

3) GNETS only serves students with disabilities deemed to have an Emotional and Behavioral Disorder (EBD) eligibility.

4) GNETS are different from alternative schools as they are only for students with disabilities.

5) Students at GNETS range from 3-22 years of age.

6) Currently the 24 GNETS serve around 5,000 students with behavior-related disabilities and autism spectrum disorders.

For the past forty years, students in Georgia needing behavioral, mental health or other therapeutic services have been placed at the Georgia Network for Educational and Therapeutic Supports (GNETS) formerly known as Georgia’s “Psycho-educational Centers”. In 1970, the Rutland Center was established in Athens as the first GNET center. Currently there are 24 GNETS programs throughout Georgia. 

Gnets vs Neighborhood Schools
  • U.S. Department of Justice Investigation

In July 2015, the U.S. government determined that the GNETS program illegally segregates students with disabilities. The report also stated that this was in violation of Title II of the American with Disabilities Act (ADA). 

Read the entire July 15, 2015 Letter of Findings by the U.S. Department of Justice (DOJ)Download

Summary of the Findings

1) Georgia unnecessarily and illegally segregates students with behavior-related disabilities through its GNETS program.

2) A majority of the students in GNETS programs spend their entire school day including meals, only with other students with disabilities in the Program. They have little to no opportunity to interact with their peers outside the GNETS program.

3)The existence of the GNETS program has prevented the schools from providing supports within the traditional school. GNETS enable school districts to segregate students instead of serving them appropriately.

4) Georgia does not provide teachers in general education schools with training to enable them to effectively support students with behavior-related disabilities in an integrated setting.

5) Many special education teachers also do not have any training on how to serve students with behavior-related disabilities.

6) Students in GNETS have an exit criteria developed that triggers transition back to traditional school. Most exit criteria were vague and contained higher standards of behavior than general education schools.

7) Most students at GNETS make no progress on their behavioral goals. Without appropriate behavioral supports, the students’ behaviors increase rather than decrease. Most students never reach their exit criteria and remain at GNETS for several years.

8) Once students enter a GNET, they become “stuck” in the program. A 2010 Georgia Audit found the average time spent at a GNET for a student was 4 years.

9) Most students in GNETS programs can be served in more integrated settings

10) Students who are in GNETS programs do not have the same opportunities to participate in elective courses and/or other extracurricular activities as their peers.

Georgia Coalition for Equity in Education. GNETS vs. Neighborhood Schools. From 2009 data, the average cost per student at GNETS are $14,000 per year while the Neighborhood Schools are $9,938 per year.

How Can I Learn More?

In addition to Parent to Parent, Who Can I Contact for More Information?

Georgia Advocacy Office

GNETS Media Coverage

2017

 Will Trump’s Justice Department Pay Attention to Disability Rights? | Mother Jones – 10/13/17

 Parents, Advocates sue state, claim inequities in GNETS schools | Georgia Health News – 10/11/17

 With Federal Suit Stalled, GA Advocates File Special Education Complaint | Ed Week – 10/11/17

The Separate, Unequal Education of Students with Special Needs – The Atlantic – 3/21/2017

2016

Feds will sue Georgia over segregated psychoeducational schools | Pittsburgh Post-Gazette – 8/17/16

Part one of a three-part series: Schools send disproportionate number of black children to programs already under fire for “warehousing” students with behavioral disorders. – AJC – 4/28/16

Part two of a three-part series: Educators wanted to subject Libby Beem to behavioral experimentation in Georgia’s unique system of psychoeducational schools. A courtroom showdown would determine Libby’s fate. – AJC – 5/5/16

Part three of a three-part series: With a tiny sliver of students, special behavioral programs record five times more restraints than all other Georgia schools combined. – AJC – 5/7/16

2015

Georgia Illegally Segregates Disabled Students, Federal Inquiry Finds | Atlanta Journal-Constitution – 7/15/15

Federal Report on Special Ed System Alarming | Ledger-Enquirer/Alabama – 7/30/15

Georgia Is Illegally Segregating Students With Behavioral Problems. There’s a Better Way. | Mother Jones – 7/30/15

Georgia Illegally Segregates Children With Disabilites, DOJ Finds | Atlanta Public Radio – 7/16/15

Georgia is Segregating Troublesome Kids in Schools Used During Jim Crow | Pro Publica – 7/29/15

Report: State Program Segregates Behavior Disabled Students | Online Athens – 7/20/15

Georgia illegally segregates disabled students, federal inquiry finds | AJC – 7/15/15

Georgia is Segregating Troublesome Kids in Schools Used During Jim Crow | WABE – 7/30/15

 Georgia is Segregating Troublesome Kids in Schools Used During Jim Crow | Propublica – 7/29/15

Georgia offers no plan to fix schools’ behavioral and emotional disabilities program | The Augusta Chronicle – 8/9/15

U.S. probe into Georgia special ed program could have national impact | The Washington Post – 8/5/15

Restraint & Seclusion

What Has Happened in Georgia?

2015

2014

2010

  • On May 13, 2010, a rule that would ban the use of seclusion and restrict the use of restraint on all public school students in Georgia was introduced by the State Board of Education.  The rule was adopted by the Board on July 8, 2010 and went into effect on July 29, 2010.
  • On February 24, 2010, the U.S. Department of Education released a summary of state laws, regulations, policies and guidelines regarding the use of restraint and seclusion techniques in schools.

2009

  • On December 9, 2009, federal legislation was introduced in both the United States House of Representatives (H.R. 4247) and the United States Senate (S.2860) that was designed to protect all children in schools from misuse of restraint and seclusion.  These pieces of legislation, entitled “Preventing Harmful Restraint and Seclusion in Schools Act” were the first national efforts to prevent and reduce these harmful practices in schools. On February 4, 2010, the House Education and Labor Committee passed H.R. 4227 by a vote of 34 to10.
  • In 2009, the Georgia Department of Education began work to develop a State Education Rule that would regulate the use of “Seclusion and Restraint for All Students”.

2008

  • In October 2008, the Georgia Department of Education finalized Guidelines on the Use of Restraint and Monitored Seclusion which were disseminated to school systems throughout the state.

What Is Happening Nationally?

The United States Department of Education released a Restraint and Seclusion Resource Document in May 2012.  This document outlined fifteen principles that state and local school systems should follow when considering the use of restraint and seclusion procedures.

In September 2012, a letter was sent to Congress expressing concern over the significant use of restraint and seclusion.  The letter, which was signed by over 200 national and state/local organizations, asked Congress to support legislation to protect school children.  The letter was sent to Senator Harkin (Chair, Health Education Labor and Pensions Committee), Senator Enzi (Ranking Member, HELP Committee), Congressman Kline (Chair, Education and Workforce Committee) and Congressman Miller (Ranking Member, Education and Workforce Committee) as well as all members of the Senate HELP and House Education and Workforce Committees.

In September 2012, the Autism National Commitee compiled a State Fact Sheet that provides these and more details about the current use of restraint and seclusion across the country.

What Do I Need to Know?

Children with disabilities are subjected to restraint and seclusion in schools more than children without disabilities.  The use of restraint and seclusion with students with disabilities is often for behaviors over which they have little or no control.

There is no research that shows that the use of restraint or seclusion is beneficial for children.  In fact, “research confirms that physical restraint and seclusion are not therapeutic; nor are these practices effective means to calm or teach children, and may have an opposite effect while simultaneously decreasing a child’s ability to learn.”  (H.R.4247)

How Can I Learn More?

Several publications have been released that provide information and details about the use of restraint and seclusion in schools and the adverse effects on children and youth.  Below are some of these reports that can provide you with more information about these practices.

Policy on Physical Restraint and Seclusion Procedures in School Settings(The Council for Exceptional Children)

School Is Not Supposed to Hurt:  Investigative Report on Abusive Restraint and Seclusion in Schools and School is Not Supposed to Hurt: Update on Progress in 2009 to Prevent and Reduce Restraint and Seclusion in Schools(National Disability Rights Network)

Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers (United States Government Accountability Office)

Unsafe in the Schoolhouse: Abuse of Children with Disabilities (The Council of Parent Advocates and Attorneys, Inc.)

How Safe is the Schoolhouse: An Analysis of State Seclusion and Restraint Laws and Policies (The National Autism Committee, April 2012)

In addition to Parent to Parent, Who Can I Contact for More Information?