In 2006, the Georgia Legislature passed Senate Bill 618 transferring the education responsibility for children in state custody from state agencies, the Department of Human Resources (DHR) and the Department of Juvenile Justice (DJJ) to Local Education Agencies (LEAs). This bill amended Section 20-2-133 of the Official Code of Georgia Annotated (O.C.G.A).

As a result, the following students are eligible for enrollment in the educational programs of a local school district.

• All students who are “in the physical or legal custody” of the DJJ or the DHR.
• Students in a placement operated by the DHR.
• Students in a facility or placement paid for by the DJJ or the DHR or any of its divisions.
• Students physically present within the geographical area served by a local school district for any length of time.

Under this legislation, students eligible for enrollment in the local school system under the amended O.C.G.A § 20-2-133 receive a free education, consistent with Georgia’s Constitution and in conformance with No Child Left Behind (NCLB) and the Individuals with Disabilities Education Act (IDEA).

Residential Treatment Facilities (RTFs) meeting the above criteria must apply for services to the Georgia Department of Education through the LEA in which they are geographically located.