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Consent
The school cannot test/evaluate or reevaluate your child
without your written permission/consent.
Your consent to allow the first evaluation does not mean that
your child will receive special education services. The
permission to receive special education requires a separate
written consent.
If you, the parent, do not respond to the schools request to
retest, the school may test/evaluate without your written
consent.
Georgia Department of Education
August 16, 2010
Page 1 of 27
The IDEA does not require a school system to pay for the
cost of private school if FAPE has been or can be provided
by the public school.
When the school system had knowledge that the child might
be a child with a disability prior to the behavior occurring, the
child will have the same protections of discipline as a child
with an IEP. A school system has knowledge when:
the parent expressed concern in writing to the school;
or
the parent requested an evaluation for special
education; or
the childs teacher or other school system staff
expressed concerns about a pattern of behavior.
Any evaluations that have been requested for a student
being disciplined must be completed quickly.
A free and appropriate public education, even though it is in
a different location, shall be provided to all children with
disabilities who have been suspended out of school or
expelled so that the child can continue to make progress
toward meeting the goals and objectives of his IEP and
make progress in the curriculum.
Confidentiality of Information
You have a right to keep your childs education records
private.
School employees or contractors for school services
involved with your child may see your childs records.
School employees do not need your permission. No one else
may see your childs records without your permission unless
allowed by other education laws.
Georgia Department of Education
August 16, 2010
Page 6 of 27
Evaluations
You have the right to request that your child receive a full
and complete evaluation to determine whether he/she has a
disability and is in need of special education and/or related
services.
Georgia Department of Education
August 16, 2010
Page 7 of 27
Surrogate Parents
The school system will give a child a surrogate (substitute)
parent if it cannot find a childs parents. The school system
will give a child a surrogate (substitute) parent if the state
has custody of the child.
Surrogate (substitute) parents will get special training so
they will understand the rights of the child
The surrogate (substitute) parent will speak for the child
about the childs rights and interests in any evaluation,
meeting or education decisions for special education.
Surrogate (substitute) parents will act as the parent by
giving consent. Surrogate (substitute) parents will act as the
parent by going to IEP and other meetings.
A surrogate (substitute) parent has the same rights and
responsibilities as a parent in making decisions about a
childs education.
Notice/Parent Participation
The school system must let you know your rights as a
parent. They must provide these rights at least one time
every school year. They also must give them to you
whenever you request an evaluation, the first time each
school year that you file a written complaint, the first time
each school year you request a due process hearing or
when a discipline incident results in a change of placement.
Georgia Department of Education
August 16, 2010
Page 11 of 27
You have the right to written notice that describes the school
systems planned action before that action happens. You
have the right to have the school system explain why it
proposes the action.
You have the right to have the school system describe the
choices and tests it considered and why it rejected those
other choices.
You have the right to copies of all documents about your
childs education and to have them explained to you. Copies
can be in your native language, Braille or explained in sign
language. The school system will provide a translator or
interpreter if needed.
You may also choose to receive all notices and documents
by email.
You must be given chances to participate in any decisionmaking meeting about your childs special education.
You must be invited to any meeting held to discuss your
childs disability, evaluations, reevaluations, placement and
his/her IEP and its contents.
You have the right to have IEP meetings held at a time and
place convenient to you and other members of the IEP
Team.
You have the right to excuse or not to excuse a member of
your childs IEP Team from an IEP meeting. The school
district cannot excuse a required member without your
permission.
Georgia Department of Education
August 16, 2010
Page 12 of 27
Transfer of Rights
When your child reaches the age of 18, all educational rights
under the IDEA will transfer to the student, unless he or she
has been determined by a court to be incompetent or unable
to make decisions.
Even though the rights or the IEP decision making transfers
to the student, you, the parent, will still receive all notices
that are required by the law.
You and your child must receive notice about the transfer of
rights.
You may continue to attend any meetings about the
education of your child.
Dispute Resolution
The IDEA provides three different ways to help parents and
school systems resolve disagreements. They are mediation,
formal complaints, and due process hearings. These are
discussed in more detail below.
Mediation
You have the right to ask for mediation if you disagree with
the special education for your child. The Georgia
Department of Education (GaDOE) will randomly select one
of its mediators to guide the mediation. The mediator will be
neutral. The mediator will be qualified and trained in
mediation.
Georgia Department of Education
August 16, 2010
Page 13 of 27
The parent and the school system must both agree to try
mediation before mediation will be scheduled.
Mediation is free to both the parent and the school system.
If a party chooses to bring a lawyer or other advisor to the
mediation, that party must pay the cost of the advisor.
All discussions during mediation are private. Discussions
during mediation cannot be used as evidence in any later
due process hearing.
Mediation cannot be used to deny or delay your right to a
due process hearing.
If the parties reach an agreement during mediation, the
parties must sign a binding agreement in writing. The
agreement may be enforced in a court. The agreement may
be enforced by the GaDOE if you file a formal complaint.
Complaints
A parent or any citizen may file a formal complaint with the
GaDOE if he or she believes the school system violated the
IDEA.
The school system and the GaDOE provide forms to help
parents file formal complaints.
A formal complaint must be signed and must state how the
school system violated the requirements of the IDEA and the
facts that support the belief. A complaint must be based on
a violation that happened less than one year before the date
Georgia Department of Education
August 16, 2010
Page 14 of 27
Stay-Put
Once you file a due process hearing request, you have the
right to have your child stay in his or her current educational
placement. Your child may stay in that placement until the
end of all hearings and appeals. This is commonly called
stay-put.
If you and the school system agree to place your child
in a different placement, you may do so as the due
process hearing continues.
Stay-put does not apply when the parent is appealing a
decision to place the child in an interim alternative setting
because of discipline.
If your due process hearing request is about admission into
public school, you have the right to have your child placed in
a public school program until the end of the due process
hearing.
Hearing Rights
In a due process hearing, you have the right to:
have a hearing at no cost, except that if you choose to
bring a lawyer, other advisor or expert witnesses to the
hearing, you must pay any cost connected with these
persons;
have the hearing conducted by a hearing officer who is
not employed by a public agency involved in the
education of your child;
have a hearing officer who does not have a personal or
professional interest in the hearing;
be provided a list of the people who serve as hearing
officers and a statement of the qualifications of these
people;
Georgia Department of Education
August 16, 2010
Page 19 of 27
If a party brings a civil action, your child will stay in his or her
current educational placement until end of the civil action
and its appeals. You and the school system may agree to
place your child in a different placement as the civil action
continues.
If the hearing officer in a due process hearing agrees with
you that your child needs a change of the placement, your
child will stay in the educational placement decided by the
hearing officer until the end of the civil action and its
appeals. That means that if the hearing officer orders a
change of placement during a due process hearing, the
school district must follow the hearing officers order, unless
you agree to a different placement.
Attorneys Fees
In a civil action, a federal court can order a school system or
parent to pay the attorneys fees of the other party. The
federal court can only award attorneys fees to a party that
prevailed in a due process hearing or civil action.
Attorneys fees may only be awarded to school systems
under certain guidelines. The parents or their attorney may
be forced to pay the school systems attorneys fees when:
the parents attorney files a complaint or civil action that
is or becomes frivolous, unreasonable or without
foundation; or
the parents complaint or civil action was presented for
any improper purpose, such as to harass, cause
unnecessary delay or needlessly increase the cost of
litigation.