Understanding Your Child's Special Education Rights in Georgia: A Parent's Guide
As a parent navigating the special education landscape in Georgia, understanding your rights and responsibilities is crucial. The Georgia Department of Education provides a comprehensive guide to help you understand these rights under the Individuals with Disabilities Education Act (IDEA) and Georgia State Board of Education Rules. This blog aims to break down key elements of this guide, offering insights into your child's educational journey.
Access to Education Records
You have the right to review your child's educational records. If needed, you can request explanations or interpretations of these records. Should you find any information that seems incorrect, you can request changes or additions. You can also receive copies of your child's Individualized Education Program (IEP) and other records, though a fee may apply for copies. Additionally, you can authorize someone to review these records on your behalf.
Evaluation Procedures
Your child is entitled to a comprehensive evaluation to determine any disabilities and the need for special education services. This evaluation must cover all suspected areas of disability and adhere to IDEA and Georgia's Special Education Rules. Multiple tests are required, conducted in your child's primary language unless agreed otherwise. Reevaluations occur at least every three years, and you play a vital role in eligibility decisions and service determinations.
Confidentiality of Information
Your child's educational records are confidential. School personnel involved in your child's education can access these records without your permission, but others require your consent.
Least Restrictive Environment
Your child has the right to be educated alongside peers without disabilities to the greatest extent appropriate. Schools must provide necessary accommodations and modifications to ensure participation in school programs and activities.
Independent Evaluation
If you disagree with the school's evaluation, you can request an independent evaluation at your expense or the school's. The school must provide a list of independent evaluators, and the results must be considered in determining your child's needs.
Surrogate Parents
If a child's parents are unavailable or the child is a ward of the state, a surrogate parent will be assigned to represent the child's educational interests. These surrogate parents receive special training and hold the same rights as natural parents in educational matters.
Parent Participation
As a parent, you must be informed of your rights and invited to meetings regarding your child's education, such as IEP meetings. You can receive documents in your native language or with necessary translations. You also have the right to excuse or not excuse IEP Team members from meetings.
Mediation, Complaints, and Hearings
If disagreements arise, you can request mediation or a due process hearing. Both parties must agree to mediation, and a resolution session is available before a hearing. You can file formal complaints with the Georgia Department of Education if necessary.
Consent
Your consent is required for evaluations, special education placements, and record releases. You can revoke consent for services at any time, though this must be done in writing.
Discipline Procedures and Rights
Schools must follow specific procedures when disciplining students with disabilities. Even in alternative settings, your child is entitled to a free appropriate public education that meets IEP goals. Disciplinary actions for severe violations like drugs or weapons are subject to these rights.
Private School Placement
If you choose private schooling, inform the school district of your decision and concerns. The district isn't required to fund private education if it offers a suitable public education option.
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