The Student Support Team a legal analysis of the prereferral intervention process in Georgia /

by Maresh, Edward Binh

The use of prereferral intervention teams in Georgia began as a response to litigation in the 1980s. As part of the settlement of the case, the stated adopted the Student Support Team (SST) program. The SST program addresses students who are struggling academically or behaviorally. The SST process also helps to prevent inappropriate referrals to special education and provides the regular education teacher support for assisting students who are experiencing difficulty in the classroom. The SST process may eventually lead to a special education referral, but that is not its primary purpose. Teacher perceptions play an important role in the success of the SST. Many Georgia educators perceive the SST process as time consuming and ineffective. Often the process is viewed as simply the means for having a child placed in special education. A lack of training and knowledge about the SST program contributes to the apprehension that some teachers feel toward the SST process. Fear of litigation and a lack of understanding for the rules and regulations that apply to the SST process contribute to the anxiety connected to the SST process. This study analyzed the current status of the law related to the SST process. This analysis was done through a review of federal and state regulations that apply to the SST process. Relevant court cases were also reviewed. The purpose of this study was to provide educators with guidance for implementing an effective and legally sound SST program. Some of the significant findings include: 1. Prereferral teams have been found to reduce the number of inappropriate referrals to special education. 2. The Student Support Team was developed in response to litigation. 3. There are several federal regulations that impact the functioning of Student Support Teams 4. Recent regulations and trends in education have required schools to be accountable for the success of all students. Prereferral teams, such as Georgia’s Student Support Team can serve as a tool to help teachers address the needs of a diverse population. 5. The SST can fulfill the required procedures for a school to apply the Teacher Removal Act. The SST provides the documentation of behavioral interventions necessary to take a student to a tribunal for chronic misbehavior (O.C.G.A. § 20-3-764; O.C.G.A. § 20-2-738).