MEMBERSHIP
This CLE program is an introduction and overview of the laws impacting special education . Topics discussed included the purpose of an IEP , who qualifies to get an IEP , how an IEP is issued to a student , and much more .
Georgia law and federal law intersect on meeting student needs in special education . State law provides that eligibility for students be offered until a student is age 22 , which expands the eligibility longer than compared to federal law . The Individuals with Disabilities Education Act (“ IDEA ”) provides that each child with a disability impacting his or her education has access to a free appropriate public education . Under these laws , schools must identify students that may have an educational delay to determine appropriate accommodations , but the testing to determine if a disability exists requires parents to approve that their child be evaluated . Alternatively , parents or guardians can request the evaluation and testing . Grote recommended that parents do all requests in written format to establish the timeline to have the child evaluated .
Once a child undergoes testing , an eligibility meeting is held to determine if the child needs special education services after analyzing if the disability impacts the child ’ s education . Georgia has 13 categories recognized as a suspected disability to be eligible for services . If a parent does not agree with the results of the school ’ s evaluation , then the parent has a right to request an independent educational evaluation .
An IEP is as unique as the child because it is designed to particularly address individual needs and accommodations to help the child meet educational goals . After being found eligible for services , then an IEP meeting is held . As part of the IEP process , administrators , educators , and parents play a role in evaluating the individual needs of the child based on data and testing to assist in the classroom experience and offer inclusion in the process . The IEP team creates a plan to achieve educational goals for the child for that academic year . An IEP must provide the child with a free appropriate public education (“ FAPE ”) in the least restrictive environment for the student . The FAPE requires a free education so parents or guardians do not pay for the related services or assistive technology include din the student ’ s IEP . The CLE discussed particular supports , aids , or accommodations which can be included in an IEP depending on the child ’ s particular needs . A few examples discussed included seating placement , assistive technology devices , or extended time for test taking .
An aspect of FAPE is “ appropriate ” meaning that the IEP meets unique needs of the child . The U . S . Supreme Court issued an opinion on FAPE noting that an IEP must be reasonably calculated to enable the student to make progress appropriate to him or her . The IEP contains particular goals which are measurable for each school year with expectation of the student ’ s progress towards mastery of each task . Once an IEP is in place , educators provide progress reports so that the goals can be re-evaluated and adjusted as needed during the following annual meeting .
These meetings are crucial to ensure the child ’ s needs and accommodations are documented . More importantly , IEP plans go with the student if they move school districts , so each time they are renewed is crucial for a child ’ s education . Even as a student prepares to graduate , it is important to go ahead to have a final evaluation with the testing to have the paperwork for necessary services as an adult .
What set this CLE program apart is that participants and attendees chatted and participated throughout the session . Attendees shared past experiences if they had a child with an IEP and suggestions on collaborating with a school system for the best interests of the child . The audience then participated in hypotheticals of real-life situations at IEP meetings . The group also discussed the challenges of virtual learning during COVID-19 especially on children receiving services .
The CLE empathized the importance of an advocate to support this process for families because a child ’ s education is deeply personal to parents , so having an attorney to help as a resource and guide during the process is highly beneficial . Atlanta Legal Aid offers pro bono opportunities for attorneys to serve on these particular special education initiatives to assist a family by attending the IEP meetings to act as an advocate for the child and ensure that the Georgia legal guidelines are complied with and assist a child in obtaining the services deemed necessary .
Thank you to our Pro Bono Organizations : Atlanta Legal Aid Society , Atlanta Volunteer Lawyers Foundation , Catholic Charities Atlanta , Georgia Appleseed , Georgia Asylum & Immigration Network ( GAIN ), Georgia Re-Entry Project , Kids in Need of Defense ( KIND ), Pro Bono Partnership of Atlanta , and Truancy Intervention Program ( TIP ).
Thank you to our Pro Bono March Madness Sponsors : Atlanta Council of Younger Lawyers Section , Business & Finance Section , Construction Law Section , Corporate Counsel Section , Criminal Law Section , Dispute Resolution Section , Estate Planning & Probate Section , Family Law Section , Intellectual Property Section , Judicial Section , Labor & Employment Law Section , Litigation Section , Privacy & Cybersecurity Law Section , Public Interest Law Section , Real Estate Section , and the Sole Practitioner / Small Firm Section .
www . atlantabar . org THE ATLANTA LAWYER 41