James July-August 2025 web - Flipbook - Page 83
E D U CAT I O N
S P EC IAL ISSUES
Facing Special Needs Education
BY M E L A N I E S L AT O N & TAY L O R R O O S
or school board
members across
Georgia, special
education isn’t just
about meeting students’ needs. It’s a
legal balancing act. Between federal mandates, funding shortfalls
and the constant risk of lawsuits,
ensuring compliance with special
education laws is one of the most
complex challenges facing public
schools today.
Funding is one of the biggest
concerns. The Individuals with
Disabilities Education Act (IDEA)
was supposed to provide federal funding covering 40 percent
of the additional cost of special
education. The reality? Federal
support barely covers 13 percent
of the cost, leaving states and local districts scrambling to make
up the difference.
Georgia’s Quality Basic
Education (QBE) formula does
provide weighted funding for
students with disabilities, but it
isn’t enough to cover the actual
cost of mandated services. When
budgets are tight, districts face
tough decisions— whether to
fund a specialized autism program or much-needed literacy
interventions for all students.
This financial strain is one of the
main reasons school boards end
up in legal trouble.
Special education laws aren’t
optional. Failure to comply can
lead to lawsuits, federal investigations, and even loss of funding.
Schools must provide a Free
Appropriate Public Education
(FAPE) under IDEA, which means
services must be tailored to meet
each student’s needs. Every
student with a disability must
have an Individualized Education
Program (IEP), and schools must
follow it to the letter.
If a district cuts corners—
whether by failing to provide
necessary therapy, placing a
student in an inappropriate
setting or not documenting
services properly— it could face
costly legal battles. Another
critical requirement is the Least
Restrictive Environment (LRE)
rule, which says students with
disabilities should be educated
with their non-disabled peers as
much as possible. Schools that
segregate students unnecessarily or deny them access to general education settings can face
discrimination claims.
Special education disputes
can get expensive fast. Parents
who believe their child isn’t
receiving appropriate services
can file a due process complaint,
leading to legal fees, hearings
and possible settlements. If a
parent prevails, the district may
also be required to cover their
attorney’s fees.
Many cases settle out of
court, but even settlements can
cost districts hundreds of thousands of dollars. Simply put, ignoring or delaying special education obligations can end up being
far more expensive than getting it
right from the start.
In addition to IDEA, schools
must comply with Section 504
of the Rehabilitation Act and
the Americans with Disabilities
Act (ADA), both of which require
reasonable accommodations for
students with disabilities. This
goes beyond academics. Schools
must also ensure equal access to
extracurricular activities, athletics and school-sponsored events.
Teachers and administrators
must understand their legal obligations when it comes to writing
and implementing IEPs, handling
behavioral interventions and
ensuring students receive the
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