Due Process Hearings in Georgia
How does due process work for IEP disputes in Georgia?
Georgia operates a one-tier due process hearing system in which hearings are conducted by Administrative Law Judges (ALJs) through the Office of State Administrative Hearings (OSAH), not by the Georgia Department of Education (Ga. Comp. R. & Regs. 160-4-7-.12). Either a parent or the LEA may file a due process complaint, which must allege a violation of IDEA that occurred not more than two years before the date the parent or LEA knew or should have known about the alleged action (34 CFR §300.507(a)). The complaint must include the child's name and address, the name of the school, a description of the problem, and a proposed resolution. When a due process complaint is filed, the LEA (if it did not file) must convene a Resolution Session within 15 days, attended by parents, relevant IEP Team members, and an LEA representative with decision-making authority — attorneys may not attend unless the parent brings an attorney (34 CFR §300.510). The parties have 30 days to resolve the dispute. If the matter is not resolved, the 45-day hearing timeline begins. The ALJ must not be an employee of GaDOE or the LEA, must not have prior personal familiarity with the specific student or LEA program at issue, and must possess knowledge of IDEA, federal and state regulations, and legal interpretations (Ga. Comp. R. & Regs. 160-4-7-.12). Both parties have the right to legal representation, to present evidence and cross-examine witnesses, and to a written verbatim record of the hearing. Evidence not disclosed at least five business days before the hearing may be excluded. The ALJ's decision is based on substantive grounds; procedural violations constitute a denial of FAPE only if they impeded the child's right to FAPE, significantly impeded the parent's opportunity to participate, or caused a deprivation of educational benefit. Either party may appeal by filing a civil action in state or federal court within 90 days of the hearing decision. Courts may award reasonable attorney's fees to the prevailing party.
What Georgia Requires
Georgia uses a one-tier due process system with hearings conducted by ALJs through OSAH (Ga. Comp. R. & Regs. 160-4-7-.12).
Either parent or LEA may file a due process complaint for violations occurring within 2 years of when they knew or should have known about the issue (34 CFR §300.507(a)).
A Resolution Session must be convened within 15 days of the complaint being filed; the LEA representative must have decision-making authority (34 CFR §300.510).
The ALJ must be impartial — not an employee of GaDOE or the LEA, with no prior familiarity with the student or program, and possessing IDEA knowledge (Ga. Comp. R. & Regs. 160-4-7-.12).
Evidence not disclosed at least 5 business days before the hearing may be excluded (Ga. Comp. R. & Regs. 160-4-7-.12; 34 CFR §300.512).
Procedural violations deny FAPE only if they impeded the child's right to FAPE, significantly impeded parent participation, or caused educational deprivation (34 CFR §300.513(a)(2)).
Either party may appeal by filing a civil action in state or federal court within 90 days of the hearing decision (Ga. Comp. R. & Regs. 160-4-7-.12).
Courts may award reasonable attorney's fees to prevailing parents or to LEAs against parents filing frivolous complaints.
Key Timelines
2-year statute of limitations: complaint must allege violations within 2 years of when the party knew or should have known (34 CFR §300.507(a)).
15 days: LEA must convene a Resolution Session after complaint is filed (34 CFR §300.510(a)).
30 days: resolution period to settle before the hearing timeline begins (34 CFR §300.510(b)).
45 days: ALJ must issue a decision after the resolution period expires (34 CFR §300.515(a)).
5 business days: evidence must be disclosed before the hearing or it may be excluded (34 CFR §300.512(a)(1)).
90 days: civil action must be filed after hearing decision to appeal (Ga. Comp. R. & Regs. 160-4-7-.12).