Technology Authority states that broadband internet access is essential for educating students during the pandemic . Yet more than one million Georgians lack access to reliable high-speed internet services .
For as long as the pandemic continues , technology and access to a reliable , affordable internet provider has become the dividing line between those who can survive , and even succeed , and those who are less likely to graduate high school , thus continuing the cycle of poverty .
The Atlanta Legal Aid Society (“ ALAS ”) represents students in Atlanta who , even though the Atlanta Board of Education has issued laptops to all its students , still have trouble accessing online education . Whole apartment complexes in Atlanta have gone without internet service for weeks at a time . Students who reside in Georgia but live outside the Metropolitan Atlanta area , have been asked to complete schoolwork in school parking lots so they can access Wi-Fi . Many of the parents of students represented by Georgia Legal Services Program (" GLSP ") do not even have access to vehicles to transport the students to these parking lots . Other parents have been asked to make the excruciating choice of having their children opt out of remote learning and return to schools where they may catch the coronavirus and then bring the virus home to their parents and grandparents .
5 . Can the Courts Offer a Solution to the Above-Described Problems ?
( a ) Legal analysis for success in challenging the quality of remote education for students during the pandemic who lack a laptop , tablet device , and / or reliable internet access .
As the law exists , low-income students , whether in rural areas or large cities like Atlanta , cannot easily assert equal protection claims because persons with low income are not a protected class in Georgia . McDaniel v . Thomas , supra , 285 S . E . 2d at 166-168 ( Article VIII of the Georgia Constitution does not obligate the General Assembly to equalize educational opportunities ; education in Georgia is not a “ fundamental right ” entitled to strict scrutiny ; rather , disparities between rich and poor students and rich and poor school districts must be analyzed using the “ rational basis ” test ; it is primarily the legislative branch of government which must give content to the term “ adequate .”) Moreover , as the Georgia Court of Appeals reiterated in Williams v . State , 277 Ga . App . 850 , 627 S . E . 2d 891 , 893 ( 2006 ), based on McDaniel v . Thomas , “‘ adequate education ’ issues do not involve the application of unambiguous constitutional provisions and would therefore fall outside of this Court ’ s jurisdiction .”
Moreover , Georgia courts have held , and likely will continue to hold , that courts are ill-equipped , and therefore will not , entertain issues pertaining to the everyday administration of Georgia ’ s public school system and whether policies set or not set by a school district meet the constitutional requirements of an “ adequate education .” Deriso v . Cooper , 246 Ga . 540 , 272 S . E . 2d 274 , 277 ( 1980 ).
( b ) Does a lack of devices , and / or reliable internet access during the pandemic in a school that offers only remote / virtual learning , constitute a denial of any education ? If so , what is the likelihood of a successful legal challenge ?
There may well be a difference between Georgia courts being asked to assess the quality of the education being offered ( as described in 5a above ) and courts being asked to assess the legality of children having no education at all . Logically , not having adequate digital resources or access to reliable internet services where remote learning is the only education offered , constitutes a denial of any education . This challenge would seem to present a case of first impression in Georgia . The Atlanta Legal Aid Society as well as the Georgia Legal Services Program both had clients who may fit this fact pattern .
B . School-age Children in Georgia with
Special Needs as Defined by 20 U . S . C . § 1400 et seq .
1 . What Kind of Education is Required for Students with Individualized Education Programs ?
Georgia public schools are required to provide a Free Appropriate Public Education (“ FAPE ”) under the Individuals with Disabilities Education Act (“ IDEA ”) to all students who have or who are eligible for an Individualized Education Program (“ IEP ”). 20 U . S . C . § 1400 et seq . See 34 C . F . R . § 300.151 . The IDEA requires that public school curriculum be made accessible to students with disabilities through necessary accommodations and services . Improving educational results for children with disabilities as required by the IDEA with disabilities is an essential element of our national policy of ensuring equality of opportunity , full participation , independent living , and economic self-sufficiency for individuals with disabilities .
2 . What has Changed About the Obligation to Provide FAPE to Eligible Students During the Pandemic ?
Nothing . Georgia ’ s obligations under the IDEA to provide students with FAPE has not been changed by COVID-19 . In the Spring of 2020 , many schools in Georgia did not offer adequate services for students eligible for an IEP , and some did not offer any services . Finding a way to ensure that students make progress while learning remotely is challenging , but the IDEA entitles students to individualized support while schools are closed .
While some school districts may have hoped the United States Department of Education (“ U . S . DOE ”) would waive requirements under IDEA , this thankfully did not happen . If remote learning continues partially or totally during the pandemic , schools must figure out how to provide FAPE to all of Georgia ’ s students with IEPs . Nobody , not even student advocates , argue that this is an easy task for schools , but it is one that schools
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