If you have a child with a disability or suspect they may have one, you may be worried about their future. In the Augusta-Richmond County metropolitan area, special education is regulated by both federal and state education laws, as well as the policies of local school districts. The primary federal laws that safeguard students with special needs are the Americans with Disabilities Act ("ADA") and the Individuals with Disabilities Education Act ("IDEA").
Together, these laws ensure that students with disabilities, whether mental, emotional, or physical, have equal access to education and are able to make progress. They also establish strict standards that public schools must follow when educating students with disabilities, whether they have been officially diagnosed or not.
At the Lento Law Firm, we understand that getting your child the right services for their needs can be a challenge. Our Education Law Team can help. Call us today at 888-535-3686 or submit our online contact form to schedule a consultation.
Augusta-Richmond County Metropolitan Area
The Augusta-Richmond County Metro Area has a population of 622,829 people and covers 3,480 square miles. It sits on the border between Georgia and South Carolina and includes counties in both states, which are:
- Richmond County (SC)
- Burke County (SC)
- Columbia County (SC)
- Lincoln County (SC)
- McDuffie County (SC)
- Aiken County (GA)
- Edgefield County (GA)
The biggest cities and towns in the area are:
- Martinez, GA
- Aiken, SC
- Evans, GA
- Thomson, GA
- Belvedere, SC
- Waynesboro, GA
- Edgefield, SC
- Barnwell, SC
- Clearwater, SC
- Hephzibah, GA
Public and Private Schools in the Augusta-Richmond County Metro Area
In Augusta and Richmond County and the surrounding areas, there are several large public and private schools. The biggest public schools are:
- Grovetown High School
- Lakeside High School
- Evans High School
- Greenbrier High School
- North Augusta High School
- Midland Valley High School
- South Aiken High School
- Aiken High School
- Burke County High School
The most well-known private schools are:
- Augusta Preparatory Day School
- Westminster Schools of Augusta
- Mead Hall Episcopal Schools
- Augusta Christian Schools
- Aquinas High School
- South Aiken Baptist Christian School
- Francis Hugh Wardlaw Academy
While public schools are required to follow federal laws like IDEA and the ADA, private schools generally don't. Public schools receive funding from the government, and private schools are usually funded by student tuition fees. In some cases, a public school may place a student in a private school within its jurisdiction because the private school has more adequate special education services. The public school would then pay the student's tuition fees. If you, as a parent, decide to place your child in a private school for the special education services provided there, it's “parental placement,” and you won't get tuition help from the public school district.
Colleges and Universities in the Augusta-Richmond County Metro Area
The Augusta-Richmond County Metro Area has several colleges and universities, both public and private. The biggest include Augusta University, Paine College, Augusta Technical College, and the University of South Carolina Aiken. When students get to college, they are no longer protected by IDEA but by the ADA. Under IDEA, teachers and staff play a large role in managing the student's education and ensuring they get the services they need. When they enter college, however, students must ask for the accommodations they need themselves. Colleges must oblige with these requests, but they don't have an obligation to find and assess students for disabilities and special needs.
Special Education Rights under IDEA
IDEA is federal legislation passed in 1975 and designed to protect the rights of students with disabilities. Though it has been modified over the years, its primary goal is still to guarantee that disabled students are provided with appropriate accommodations, support, and individualized services by their school districts. As a parent of a child with a disability, it is important to familiarize yourself with the various related concepts and education laws falling under the IDEA.
FAPE
FAPE stands for “free and suitable public education.” The concept of FAPE is that public schools are responsible for offering a special education program at no cost to eligible students aged 3 to 21 (or until they graduate high school, whichever happens first) that is suitable for their learning level. The definition of "suitable" may differ based on the unique needs of each student.
Child Find
As per Section 300.11 of the IDEA, school districts are required to adhere to the "Child Find" principle, which requires them to actively search for, identify, and assess any student in their jurisdiction who may need special education assistance. If a teacher has any suspicion at all that a student may have a disability, they must recommend an evaluation for potential special education services. If they don't, it could be considered violating the Child Find rule.
Many special education lawsuits have come from issues related to Child Find. If your school district fails to identify your child as eligible for special education, you have the option to file a due process complaint in order to obtain the additional support and services they should have received.
IDEA Eligibility
After a teacher or the child's parents have identified a potential need for special education services, the school district is required to conduct an evaluation. The district will then assess if the child meets the eligibility criteria for receiving these services.
Under IDEA, there are 13 categories of disability that make a child eligible for special education services. These categories encompass a range of disabilities.
- Learning disabilities such as dyslexia or dysgraphia
- Health impairments that limit strength, energy, or alertness, such as ADHD
- Autism Spectrum Disorder
- Emotional disorders such as generalized anxiety disorder, depression, or oppositional defiant disorder
- Speech and language impairments like receptive or expressive speech disorders
- Visual impairments
- Intellectual disabilities such as Down Syndrome, Fetal Alcohol Syndrome, or below-average cognitive abilities
- Orthopedic impairments like Cerebral Palsy
- Traumatic brain injury
- Multiple disabilities
These classifications provide a structure for identifying students who may need additional assistance. They also promote equal treatment and uniformity in determining eligibility for special education, regardless of the student's identity, their guardians, or their affiliation with the school district.
Individualized Education Plans (IEPs)
Under IDEA, school districts must provide disabled students with a valid IEP tailored to address their individual needs and ensure appropriate academic progress. Essentially, an IEP serves as a contract between the district and the student, outlining the actions the district will take each year to support the student's educational objectives. If a district fails to create or implement an appropriate IEP, parents have the option to file a due process complaint against the district.
The IEP is developed in collaboration with the student's IEP team, consisting of individuals like teachers, counselors, service providers, and parents. Parents have specific rights under Section 300.322 of the IDEA, including the right to have legal representation, an interpreter, access to their child's assessments and IEP, and advanced notice of meetings. The IEP team must meet at least once a year to establish an IEP for the upcoming academic year.
Although each IEP will be unique to each student, every plan must contain the following basic elements:
- An overview of the student's current academic level and performance
- Annual goals that are uniquely tailored to the student's needs
- A statement covering if any related services are needed
- Accommodations to be made on campus so the student can access their education
- Modifications to the curriculum
- A statement on the student's academic placement and how much time will be spent in special education classes and general education classes
The ADA and Section 504 of the Rehabilitation Act of 1973
Another important federal law that protects students with disabilities is the ADA. This law guarantees equal educational opportunities for all students with disabilities, from preschool to post-secondary education. As a result, schools are required to provide services, programs, and accommodations that aid disabled students in fully participating in campus life, such as wheelchair ramps and materials in Braille. Additionally, schools must comply with Section 504 of the Rehabilitation Act of 1973, which mandates that they make necessary adaptations to allow students with disabilities to take part in school programs and activities alongside their non-disabled peers.
Students with disabilities at the K-12 level may also receive a Section 504 Plan, which outlines reasonable accommodations to help them access their education. A Section 504 Plan is different from an IEP; IEPs are more comprehensive plans for students who require personalized educational support.
If there are any violations of the ADA or Section 504, they are handled through civil rights litigation rather than due process claims. In some cases, school districts may offer a student a 504 Plan instead of an IEP because it's the less expensive option. If you believe that your child has been unfairly denied an IEP, our Education Law Team at the Lento Law Firm can provide assistance.
Georgia Special Education Laws and Initiatives
In Georgia, federal special education laws are implemented at the state level by the Georgia Department of Education (GaDOE). GaDOE also administers several programs for parents, teachers, school districts, and students that expand upon the basic requirements of IDEA, the ADA, and Section 504.
- Georgia's Continuous Improvement Monitoring Process (GCIMP): GaDOE must monitor compliance with federal special education laws and achieves this compliance via GCIMP. GaDOE's Division for Special Education meets regularly to check progress and establish goals aimed at continuous student improvement.
- Project AWARE Georgia: AWARE stands for Advancing Wellness and Resilience in Education, and it's a five-year grant that was awarded in 2020. The goal of this program is to increase awareness of mental health issues among school-aged youth and connect students who have behavioral health issues to needed services.
- Parent to Parent: Parent to Parent of Georgia supports families and individuals who have been impacted by disabilities or special health needs. It offers a wide variety of services in addition to education services, but it's mainly funded by GaDOE.
- GO-EIP: The Georgia Online IEP (GO-IEP) is a web-based IEP application that makes it easier for school districts to create and maintain federally compliant IEPs for their students. It's free for school districts to use and helps them keep better track of the special education services they're providing to students.
- Georgia Parent Mentor Partnership: The Georgia Parent Mentor Partnership hires parents of children with disabilities as mentors to help coach and guide other parents who have children with special needs. Mentors can also be school administrators, teachers, and support personnel.
South Carolina Special Education Laws and Programs
In South Carolina, state laws both implement and expand upon federal special education law. Just like in Georgia, South Carolina has several initiatives, policies, and programs aimed at helping students with disabilities and their families.
- Every Student Succeeds Act: The Every Student Succeeds Act (ESSA) in South Carolina requires the state to provide equal opportunity for all students. It provides flexibility when assessing schools, allowing more than just test scores to be considered for tracking student progress.
- BabyNet: South Carolina has a group of services for children under the age of 3 who have special needs. Anyone, including parents, can refer a child to BabyNet for evaluation and see if they're eligible for special education services.
- Early Intervention: The Early Intervention program in South Carolina is for children six and under. It offers in-home services for families to better understand their child's developmental delays and what they can do to support their child.
- First Steps Early Identification and Referral Program: The First Steps program provides developmental education screenings to families for children under age five. It also gives referrals to relevant services and resources for the family.
- Department of Mental Health Child Adolescent and Family Services: The state Department of Mental Health helps parents of children with serious mental illnesses and significant emotional disorders find supplemental services to help them progress further at school.
Education Lawyers Can Help Protect Your Child's Rights
At the Lento Law Firm, we understand that securing an adequate education for your child can be challenging when schools don't want to cooperate. We'll help you hold the schools to account and get the special education services your child needs. We can attend meetings with your child's school and help negotiate with special education coordinators. We can also assist college students dealing with their special education offices and having a difficult time getting the help they need.
Ensure your child has a bright future at school by calling our team at 888-535-3686 or sending us a contact form with your details.
