Procedural Safeguards in Georgia
What procedural safeguards protect IEP families in Georgia?
Georgia's procedural safeguards for special education are governed by Ga. Comp. R. & Regs. 160-4-7-.09 and federal regulations 34 CFR §§300.500-300.520. These safeguards ensure that parents are meaningful participants in all decisions about their child's special education. Prior Written Notice (PWN) must be provided by the LEA a reasonable time before proposing or refusing to initiate or change the identification, evaluation, educational placement, or provision of FAPE to the child (34 CFR §300.503). The notice must include: a description of the action proposed or refused and explanation of why; a description of each evaluation procedure, assessment, record, or report used as a basis; a statement that parents have protections under procedural safeguards and how to obtain a copy; sources for parents to contact for assistance; a description of other options considered and why rejected; and a description of other factors relevant to the proposal or refusal. The notice must be in the parent's native language unless clearly not feasible, and written in language understandable to the general public. Informed consent must be obtained before: conducting an initial evaluation, conducting a reevaluation, initial provision of special education and related services, and disclosing personally identifiable information. Consent for evaluation is not consent for placement or services. The LEA may pursue evaluation through due process if a parent refuses consent for initial evaluation, but may not override refusal of consent for initial services. For reevaluations, the LEA may proceed without consent only if it has documented reasonable efforts to obtain consent and the parent failed to respond (not refused). Parents may revoke consent for services in writing at any time. The LEA must assign a surrogate parent when no parent can be identified, the LEA cannot locate the parents, or the child is a ward of the state (Ga. Comp. R. & Regs. 160-4-7-.11). The surrogate must not be an employee of GaDOE, the LEA, or any agency involved in the child's care, and must have no conflicting interests.
What Georgia Requires
Prior Written Notice must be provided before proposing or refusing to initiate or change identification, evaluation, placement, or FAPE (34 CFR §300.503; Ga. Comp. R. & Regs. 160-4-7-.09).
PWN must include the action proposed/refused, explanation, evaluation basis, procedural safeguards information, sources for assistance, options considered, and other relevant factors.
Notice must be in the parent's native language and understandable to the general public (34 CFR §300.503(c)).
Informed consent required before: initial evaluation, reevaluation, initial provision of services, and disclosure of personally identifiable information (34 CFR §300.300).
Consent for evaluation is not consent for placement or services (34 CFR §300.300(a)(3)).
Parents may revoke consent for services in writing; LEA must provide PWN before removing services and cannot override revocation through due process (Ga. Comp. R. & Regs. 160-4-7-.09).
Surrogate parent must be assigned when no parent can be identified, parents cannot be located, or child is a ward of the state; surrogate must be free of conflicts of interest (Ga. Comp. R. & Regs. 160-4-7-.11).
For wards of the state, a judge may alternatively appoint the surrogate parent (Ga. Comp. R. & Regs. 160-4-7-.11).
Key Timelines
Prior Written Notice must be provided a reasonable time before the LEA proposes or refuses action (34 CFR §300.503).
Procedural Safeguards Notice distributed at least once per school year and upon specified triggering events (34 CFR §300.504).
LEA must make reasonable efforts to obtain consent for reevaluation before proceeding without it; documentation of efforts required (34 CFR §300.300(c)).
Upon revocation of consent, services cease within a reasonable time after the LEA provides PWN.