IEP Parent Rights in Georgia

What are your rights as a parent in the IEP process in Georgia?

Georgia parents of children with disabilities have extensive rights under Ga. Comp. R. & Regs. 160-4-7-.09 and federal IDEA regulations. Parents must receive the Procedural Safeguards Notice at least once annually, and additionally upon initial referral or parent request for evaluation, first state complaint filed, first due process hearing requested, disciplinary removal constituting a change of placement, before accessing public benefits or insurance for the first time, and upon parent request (Ga. Comp. R. & Regs. 160-4-7-.09; 34 CFR §300.504). The notice must be written in language understandable to the general public and provided in the parent's native language unless clearly infeasible. Parents may elect to receive the notice via email if the LEA offers that option. Key parent rights include: the right to participate in all meetings regarding identification, evaluation, placement, and FAPE; the right to provide or withhold informed consent before initial evaluation, reevaluation, initial provision of special education services, and disclosure of personally identifiable information; the right to revoke consent for services in writing at any time; the right to inspect and review all education records; the right to request an Independent Educational Evaluation (IEE) at public expense; the right to file a state complaint or request a due process hearing; and the right to request mediation. Georgia is a one-party consent state for recording under O.C.G.A. § 16-11-62, meaning a parent who is a party to an IEP meeting may legally record the meeting without obtaining consent from other participants. O.C.G.A. § 16-11-62 prohibits intercepting private communications without the consent of at least one party to the communication; because the parent is a party to the IEP meeting, no additional consent is required. Parents have the right to have their child's placement determined by a group of persons including the parents, and placement must be in the least restrictive environment. All parental rights transfer to the student at age 18, the age of majority in Georgia, though notice of decisions must be provided to both the adult student and the parents (Ga. Comp. R. & Regs. 160-4-7-.09).