Every child in the US, whether they are academically gifted or suffering from severe learning impairments, has the right to a free public education. This right has its origins in our Constitution, and it's expressed in various education laws across the country. If your child has learning or behavioral difficulties or special needs, then you must understand what services are available to help them reach their potential.
At the Lento Law Firm, we want to help your child thrive and make a successful transition into adulthood. If you have a special education issue and don't know where to turn, call us at 888.535.3686 or reach out online to discuss matters.
Special Education in Georgia
“Special education” is an umbrella term for the services made available to students who require extra support to learn. These are students who, for example, require a modified curriculum or those who simply need additional tools to help them complete the mainstream curriculum. They may have specific disabilities, such as learning or physical disabilities or serious behavioral problems.
Georgia's approach to special education is inclusive. This approach respects a student's right to form friendships and interact with others, all while receiving the specific special education services they need. If you believe that your child requires special education support in GA, the goal will be to keep your child alongside their peers as far as possible.
Special education can also extend to students who may be very bright or academically gifted in some areas but impaired in others. These students have very complex learning needs, but with the right support, they can thrive.
Helpful Terminology
There are some terms and abbreviations you will encounter frequently if you're exploring special education in Georgia. Although this list is not exhaustive, here are the most common abbreviations and their meanings.
- Free appropriate public education (FAPE): The right of every US child to receive a free public K12 education.
- Individualized Education Program (IEP): An IEP is a bespoke education document or roadmap. It establishes learning outcomes for a child, academic goals, and strategies for helping the child reach their objectives.
- Least restrictive environment (LRE): The idea is to use the least restrictive means necessary to help a student access education. For example, this could mean keeping a child in mainstream school classrooms so far as possible.
- Multi-Tiered System of Support for Students (MTSS): A framework to help identify students at the highest risk of poor learning outcomes, whether this is due to cognitive difficulties, mental health issues, or behavioral problems.
Disability Laws and Special Education
There are various education laws in Georgia, but the most significant laws concerning access to special education services are as follows.
- Individuals with Disabilities Education Act (IDEA): IDEA establishes the right of every disabled student to receive a free public education, which includes access to special education services.
- Americans with Disabilities Act (ADA): Under this Act, schools must provide eligible students with reasonable accommodations to help them access education.
- Section 504 of the Rehabilitation Act of 1973: Section 504, in conjunction with IDEA and IDEA, protects students from discrimination and ensures their right to special education services.
Georgia education laws conform to the IDEA and all related federal laws.
Reasonable Accommodations
States, school districts, and individual schools have responsibilities and obligations towards special needs students. However, these obligations must be balanced against their duties to the wider student community.
In practical terms, what this means is that eligible students have the right to reasonable special education support, tools, and services. To determine what's “reasonable,” schools can consider factors such as proportionality and cost. For example, a request may not be honored if it will unduly burden the wider school community or if it's overly expensive.
If you're unsure whether a request is reasonable or if a school district denies your request, we can help.
Georgia Special Education Eligibility Requirements
You can't access special education services in Georgia unless your child meets certain eligibility criteria.
In short, just because a child is disabled doesn't mean they're entitled to special education. The impairment must limit their activities in some way or affect their ability to learn. If the disability does not impact the child's social, academic, or developmental abilities, then they do not qualify for special education.
In Georgia, qualifying disabilities include:
- Autism
- Behavioral problems
- Deafness or hearing difficulties
- Emotional disorder(s)
- Intellectual or cognitive difficulties
- Specific learning disabilities e.g., dyslexia
- Visual impairments
You will need proof of your child's disability. Your child will be evaluated to determine if they qualify and, if so, what services they may need. To get special education services, the school must also show that they have tried to support the student but that progress is insufficient.
Special Education Services in Georgia
Georgia has no shortage of special education services available for eligible students. Statewide initiatives and projects include:
- Adaptive physical education: Modified physical education allows students with certain physical and/or cognitive difficulties to participate in physical activities alongside their peers.
- Assistive technology: Assistive technology includes various tools such as note-taking, text-to-speech, dictation, and study aids to help students engage with the curriculum.
- Accessible educational materials (AEMs): AEMs are designed to make mainstream classroom materials, such as textbooks, more accessible to students with specific impairments. For example, materials may be available in large text or Braille.
- Project AWARE: The AWARE Initiative improves access to mental health services and helps teachers identify and support students with emotional issues affecting their learning.
- Babies Can't Wait: Georgia's early years intervention program aims to identify possible physical or cognitive impairments early (before the age of three) to enhance a child's well-being and improve their access to education.
Each school district can shape its own special education services to some degree. It's important to learn what services are available to ensure you make an informed decision as to what's best for your child. And as your child matures, they will be able to participate in the decision-making.
Special Education Schools
Although many disabled children thrive in mainstream classrooms, others do better in special education schools. Georgia has various such schools to support students with more complex needs, such as the Academy for the Blind and the School for the Deaf. These schools have specially trained staff and facilities that are uniquely designed to cater to visual or hearing impairments. The goal is to foster positive mental attitudes and give students the skills they'll need to thrive as adults.
Georgia Network for Educational and Therapeutic Support (GNETS)
GNETS is a statewide initiative that caters to students with emotional and/or behavioral disorders. There are around 24 GNETS programs in Georgia. The program is designed to be as inclusionary as possible, although it does mean that students are educated in a separate space rather than remaining in the traditional classroom. GNETS programs are not schools as such, but they are separate, non-traditional learning environments.
How to Determine the Services Your Child Needs
Determining the specific services that will benefit your child is no easy task. There are a variety of factors you should consider when deciding what special education services will be most helpful.
- The least restrictive measures are often best, especially for mild impairments. Learning alongside their peers can help your child develop essential life skills and prepare for the challenges of adulthood.
- Consider your child's personality and preferred learning style. It's crucial that they engage with the services provided to benefit from them fully.
- Work with your IEP team. Ensure you fully understand the services available and how the school might implement them.
- Discuss your options with an experienced special education lawyer in GA. Seeking advice will help you feel empowered and informed for your next school meeting.
Remember, no one knows your child like you do. You deserve to be actively involved in shaping your child's education and learning outcomes. Consider the options carefully, weigh up the pros and cons, and review your child's progress regularly to ensure the services are working.
Special Education Issues
Just as every child is unique, so are the difficulties they might face as they pursue their education. The types of challenges that a student may encounter include:
- Disability discrimination: If a school district or official discriminates against your child due to their disability, then legal advice is essential.
- Lack of due process: School rules and processes can be complicated. There's always the chance that a school will misinterpret a provision or misapply the disability procedures as they affect your child.
- Ineffective IEP implementation: Your child's IEP is crucial to their progression. If the school fails to honor the IEP, or you don't agree with their recommendations, you need to take action to address the situation.
- Missed disability: If a school fails to recognize your child's disability, they could be wrongly prevented from accessing special education services.
- Insufficient support measures: A school might acknowledge your child's special needs, but if they don't offer the right support services, then your child could lose out.
Special education is complicated. Schools are obliged to strike an appropriate balance between catering to your child's needs and respecting the needs of the wider school community. Our team can explain how you might handle issues arising from special education in GA.
What to Do if You're Worried About Your Child's Progress
You have various rights when it comes to your child's special education. For example, you have the right to actively participate in building your child's IEP and request a review at any time. You also have the right to challenge a school district's decision to refuse special education services or accommodations. If the school district fails to recognize your child's special needs, you can request an independent evaluation, which the school should pay for.
If you have such concerns, your first step should be addressing them with the specific school or school district. Often, such matters can be addressed informally. At the very least, the school should explain the process for seeking a second opinion or challenging their decision regarding your child.
Dealing with K-12 school officials can be overwhelming, especially if this is new territory for you. Our special education lawyers in Georgia can walk you through the process – reach out to us for a consultation to discuss your issue.
How GA Special Education Lawyers Can Help
If your child requires special education services, there are many issues that may arise. Experienced special education lawyers in Georgia can help you understand – and overcome – many of these concerns.
- Attorneys can assist with issues of discrimination or unfair treatment.
- As your child gets older, they can advocate for themselves and participate in their own IEP planning. An attorney can ensure their voice is heard.
- Attorneys can help you negotiate reasonable and fair accommodations for your child.
- If a school wishes to discipline a special needs student, an attorney can ensure that the school follows due process.
Special education lawyers can provide invaluable support to families navigating this complex area. Don't hesitate to seek advice – this is not an area of law you should handle alone.
Retain Georgia Special Education Lawyers Today | Lento Law Firm
With so many options to choose from, you may be unsure how to select special education services for your child. If you're concerned about your child's progress or you're worried that you don't have access to the services that your child needs, we can help.
At the Lento Law Firm, we understand how important it is for your child to receive a suitable education. Your child should have every opportunity to reach their full academic potential, and it's crucial that they get the support they deserve. Our Education Law Team has the experience and knowledge to help you understand your options so you can select suitable accommodations for your child. We can help you formulate an IEP and liaise with the school district. We can also support you if you have discrimination concerns or if you're worried about disciplinary action.
Our Georgia special education lawyers work across the state – and the country – to assist families just like yours. To arrange a consultation, contact us via our webform or call us at 888.535.3686.
