Protecting the Rights of Autistic Students in Georgia

As the parent or guardian of a child diagnosed with autism in the state of Georgia, you know first-hand how challenging and rewarding it can be to help your child grow and develop. You may also have encountered times where you had to be an advocate for your child, making sure they receive the opportunities they are entitled to under the law. When it comes to education, Georgia has a comprehensive set of laws that are designed to make sure autistic students receive the teaching and accommodations that they deserve. However, Georgia's requirements for autistic students are not always implemented properly at the local school level. When that happens, and it affects your child's welfare, the Lento Law Firm Student Defense Team is here to help. Contact us at 888.535.3686 or use our contact link to set up a confidential consultation to learn more about your child's rights in Georgia and what our experienced student defense attorneys can do to protect them.

The Rights of Autistic Students in Georgia

Georgia has a comprehensive set of Special Education rules and regulations that apply to Exceptional Students in the state. These implement requirements set by federal law, and describe how schools and school districts are to make sure that students with “disabilities” receive a “free appropriate public education,” otherwise known as FAPE. These rules and regulations apply to a wide range of diagnosed conditions, including autism, deafness, blindness, physical impairments, and others.

Once it's been determined that a student meets one of the disability criteria, the student becomes eligible for a wide range of educational benefits designed to ensure that the child receives the free appropriate public education that federal and Georgia law requires. Some of these benefits include:

• An Individualized Educational Program (IEP) that is a plan for addressing the learning and developmental challenges that the child faces
• Transition services that help older students move from high school-level work to college or employment
• Accommodations to help the student learn in a regular classroom environment as much as possible (often referred to as “mainstreaming”)

Parents play a vital role in this process and have a voice when it comes to the school's determination that their child has a particular disability, such as autism; to the content of the IEP that is created for their child; and how their child's school implements the requirements of that IEP. The Lento Law Firm Student Defense Team regularly advises parents of students with disabilities when situations arise where the child is not receiving the educational benefits that they are entitled to under the law.

Determining Whether a Child is Eligible for Benefits

Before any child can receive Special Education benefits in Georgia, they must be evaluated to determine whether they have a disability and whether that disability adversely affects their ability to learn. In Georgia, the child will be evaluated by “qualified professionals” who, with the child's parents, make up an “Eligibility Team.” The eligibility report that the team prepares will document “the area of disability” and “provide statements for each component of the eligibility.” Parents have a right to receive a free copy of their child's eligibility report.

Georgia uses the term “Autism Spectrum Disorder” to refer to the type of disability that entitles a child to take advantage of Georgia's special education benefits. It covers “all subtypes of Pervasive Developmental Disorder,” including “Autistic Disorder, Rett's Disorder, Childhood Disintegrative Disorder, Asperger Syndrome, and Pervasive Developmental Disorder, Not Otherwise Specified.”

Georgia requires a number of evaluations and assessments to determine whether a child is autistic and entitled to special education benefits. These include

• A psychological evaluation that includes an assessment of the child's “intellectual functioning” and “adaptive behavior.”
• An educational evaluation that includes an assessment of the child's “educational performance” and their “current functioning levels.”
• A communication evaluation that considers a number of factors, including their verbal and non-verbal skills
• A number of different behavioral evaluations
• A review of the child's developmental history

To be eligible for special education benefits in Georgia, a child's evaluation must cover the “five characteristic areas associated with autism spectrum disorder.” It must show that the child's condition has an “adverse effect” on their educational performance based on the child's

• Developmental rates and sequences; delays or interruptions in the child's ability to develop “motor, sensory, social, cognitive, or communication skills.”
• Social interaction and participation; difficulties the child has “interacting with people and participating in events.”
• Communication; this applies to verbal and non-verbal communication and looks to difficulties the child has in using “verbal language for social communication” or any “nonverbal communication impairment” the child may have
• Sensory processing; “unusual, repetitive, or unconventional responses to sensory stimuli”
• Repertoire of activities and interest; whether the child engages in “repetitive activities” or becomes distressed when routines change, and other physical manifestations of autism

Parents have a right under Georgia law to refer their child for an initial evaluation by their school or school district. Once parents make the request, the evaluation must be completed within 60 days of the parent's consent. Parents also have the right to have the child re-evaluated at least once every three years.

If you disagree with any evaluation of your child conducted by your school or school district, you can request an independent evaluation. Depending on the situation, the school or school district may agree to the independent evaluation, at no expense to you, or schedule a hearing “to show that its evaluation is appropriate.” If your child has been evaluated for autism and you disagree with the results of that evaluation, the Lento Law Firm Student Defense Team can help you submit a request for an independent evaluation and defend your child's rights in the event the school or school district initiates the hearing process instead of agreeing to the independent evaluation.

The Individualized Education Program

Once a child has been evaluated and it's been determined that they are entitled to special education benefits under Georgia law, the school or school district will create an Individualized Education Program (IEP) for the student. The IEP must meet the requirements set by federal and Georgia law and must address a number of factors that relate to the child's present educational status, goals for the child's progress, and what types of accommodations the child will receive to help them achieve those goals.

Georgia law gives parents the right to be part of the “IEP Team” that develops, reviews, and revises their child's IEP. Other members of the IEP Team include:

• At least one “regular educational teacher” who teaches the child (assuming the child is being taught in the “regular education environment”)
• At least one “special education teacher” who teaches the child
• A representative of the school or school district who is qualified in the area of special education
• If requested by a parent or the school, another person with “knowledge or special expertise regarding the child”
• Someone who can “interpret the instructional implications of evaluation results,” if none of the other people on the IEP Team are qualified to do so
• In appropriate cases, the child may also be a member of the IEP Team

Parents have the right to attend all IEP Team meetings, receive advance notice of the meetings, participate remotely if they are unable to attend in person, and receive a free copy of their child's IEP. When it comes time to determine placement for the child, the parents have a right to be part of “any group” that makes the placement decision.

As noted, the IEP will address the child's current educational status, set goals for the child's progress, and note any accommodations the child will receive along the way. In particular, the IEP must include

• An assessment of the child's “present levels of academic achievement and functional performance.” For a child with autism, this should include a discussion of how their autism affects their “involvement and progress in the general education curriculum”
• Measurable annual goals for the child. These should include academic and functional goals designed to help them be part of the “general education curriculum” as well as goals designed to address “other educational needs that result from” their disability
• A discussion of how the child's progress towards meeting their annual goals will be measured, including when periodic reports will be due
• What types of special education services the child will receive, and what modifications will be made to school programs to help the child achieve their goals while being involved in the “general education curriculum” and interacting with both disabled and non-disabled children along the way
• Whether and to what extent the child won't “participate with nondisabled children” in class and other activities
• What accommodations the child will receive to help measure their performance on State or local student assessments, including whether there are any assessments that the child cannot participate in
• A date when the child's IEP services and program modifications will begin

The IEP is an extremely important document for any child with autism. It must be in effect at the start of each school year; each of the child's teachers must have a copy and understand what their role is in making sure it is followed. It must be reviewed by the IEP Team at least once a year, both to consider whether the child is meeting the IEP's goals, and what changes if any should be made to the IEP.

In some cases, parents may disagree with their child's IEP despite being a member of the IEP Team. In other cases, despite there being an IEP in place, the school may not follow its requirements. If you're facing either of these situations, contact the Lento Law Firm Student Defense Team for help. Our experienced attorneys can explain your options when protecting your child's right to an education and will represent you and your child in discussions and any dispute resolution proceedings with their school.

Autism and the Least Restrictive Environment

Another provision of federal law that Georgia has incorporated into its special education rules and regulations is the requirement that “to the maximum extent possible,” schools educate autistic students with “children who are not disabled.” This is referred to as the “Least Restrictive Environment” (LRE) requirement. It's also frequently referred to as “mainstreaming.”

There are a number of factors that the school must consider if an autistic student is not placed in an LRE setting for any part of their school day. Under Georgia law, removing an autistic student from the LRE setting is only allowed where “the nature or severity” of their disability “is such that education in regular classes with the use of supplementary aids and services” can't be done satisfactorily.

Schools also need to provide a range of alternatives for autistic students in the event a student can't effectively be educated in an LRE setting. These can range from special classes for disabled students, to special schools, to home instruction, and should also include “supplementary services” such as resource rooms or tutoring that can be used in conjunction with regular classroom learning.

The LRE should also attempt to ensure that the student is able to participate in other activities outside the classroom alongside students who are not considered disabled. These include meals, recess, school clubs and organizations, athletics, and other non-classroom activities. The autistic student should also be allowed access to school transportation, health services, and school counseling to the same extent as other students, to the extent it is feasible for them to have the same level of access.

Schools are expected to train teachers and staff so that they're “fully informed about their responsibilities for implementing LRE.”

If you disagree with the way that your child's school is implementing the LRE requirement for your child, for example, if your child is receiving one-on-one or special class instruction when you believe they should be able to be in the classroom with other students, or if the school is not allowing them to participate in certain activities that you believe they can do and should be allowed to do, you have a right to bring your concerns to the school. The Lento Law Firm Student Defense Team can help with this. We'll advise you as to the best way to discuss the situation with the school and what your options are in the event the school refuses to implement changes to the way your child is being taught or to their access to activities outside the regular classroom setting.

Disciplining Autistic Students

Almost every student is disciplined from time to time during their years in grade and high school. Whether it's a simple verbal reprimand from their teacher for talking out in class, or a more formal disciplinary investigation and proceeding after a physical altercation with another student, any student can find themselves involved at some level in their school's disciplinary process.

When it comes to disciplining autistic students, however, Georgia schools have a special responsibility to develop “appropriate and legally based disciplinary procedures.” The code of conduct that applies to all students should also apply to autistic students unless the child's IEP “specifically provides otherwise.” The school is required to notify parents of autistic students and the students themselves of the school rules that apply to “child management, discipline, and suspension/expulsion.”

Georgia has specific rules and regulations that apply in situations where an autistic child is removed from school. These include the following:

• The student may not be removed from school for more than 10 consecutive school days at any one time for any single incident (though in very serious specific types of cases, this can increase to 45 days)
• Once the student has been removed from school for 10 school days in any school year, if they are removed from school for any additional days, they must receive educational services designed to help them progress towards their IEP goals
• The student may be eligible to receive a “functional behavioral assessment” and intervention services that may include modifying the child's IEP “to address the behavior violation so it does not recur”

In some cases, the school may cite the autistic child's conduct as a reason to change their placement from a regular school setting to one that is more restricted, such as a special school setting. When this happens, the student's IEP Team – which includes the parents – must determine what services the student should receive in the new setting to allow them to progress toward meeting their IEP goals. In addition, there must be what is called a “manifestation determination” – a meeting of school personnel and the student's IEP Team – to review the child's file and determine if the misconduct was “caused by, or had a direct and substantial relationship” to the child's autism, or whether it was “the direct result” of the school's “failure to implement the IEP.”

Parents have a right under Georgia special education law to appeal disciplinary decisions made about their autistic child. This is separate from the rights that they have to question and become involved in the school's disciplinary decisions that apply to any student. If your autistic child is facing serious discipline from their school that could result in major changes to their education, the Lento Law Firm Student Defense Team is here to help you protect your child's rights under both federal and Georgia state law.

Whether it's “ordinary” school discipline, or discipline that may radically change the way your autistic child is being educated, you have a right to be heard and to make sure that school officials have properly investigated the alleged misconduct. In many cases, we find that busy school administrators are less than thorough when it comes to investigating misconduct claims, and it's not unusual for our student defense attorneys to uncover additional information – the “rest of the story” – about a specific incident that can change how the school is viewing the alleged misconduct.

When it comes to appealing changes to your autistic student's placement, IEP, or LRE determinations, the Lento Law Firm Student Defense Team will represent you and your child throughout the appeal process. We understand how important this is for you and for your child, and our goal is to do everything we can to protect your child's right to a quality education under both federal and Georgia law.

The Lento Law Firm Student Defense Team Can Protect Your Autistic Student's Rights in Georgia

The Lento Law Firm Student Defense Team understands the challenges – and rewards – that come with being the parent of an autistic child. We are here to help you overcome some of those challenges so that you have more time to focus on the rewards.

Our experienced student defense attorneys can help at any stage of the special education process in Georgia, including:

• Securing an evaluation of your child to determine whether or to what extent they may be autistic and eligible for special education services
• Getting a second evaluation where you disagree with the one provided by the school
• Representing you and your child if the school refuses your second evaluation request and seeks a hearing to confirm their first evaluation instead
• Contesting any part of your child's IEP or the LRE procedures the school intends to put in place
• Making sure the school actually implements all aspects of the IEP and LRE procedures designed for your child, including providing reasonable accommodations
• Defending your child in any disciplinary proceedings that could result in them spending significant amounts of time out of school or have them transferred to a special school setting

We understand how important it is for you and your child to make sure they receive all of the educational opportunities they're entitled to throughout their grade and high school years. The Lento Law Firm Student Defense Team has helped students – whether designated with a disability or not – protect their rights in schools all across the country, including in Georgia.

If you have questions about what your rights are as a parent of an autistic child in Georgia or what your child's rights are, call the Lento Law Firm Student Defense Team today at 888.535.3686 or use our contact form to set up a confidential consultation. Your child's future is important; let us help you protect it.