James July-August 2025 web - Flipbook - Page 84
required services. A lack of training often leads to unintentional
violations which, in turn, lead
to legal complaints. Investing
in professional development for
educators is one of the best ways
to prevent costly legal missteps.
Charter schools in Georgia
must follow IDEA and Section
504 just like traditional public
schools, but legal challenges
often arise over whether these
schools are properly serving
students with disabilities. Some
charter schools have faced allegations of discouraging enrollment of students with special
needs or failing to provide necessary services. Meanwhile, when
parents place their child in a private school because they believe
the district isn’t meeting their
needs, the district may still be on
the hook for tuition reimburse-
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ment under certain conditions.
These cases can be complex and
financially draining.
Parents are becoming increasingly knowledgeable about
their legal rights, and advocacy
groups are more vocal than ever.
When districts fail to meet legal
obligations, they don’t just face
lawsuits. They face public scrutiny. Special education cases often
attract media attention, adding
pressure on school boards to act
swiftly. Proactive communication
and collaboration with parents
can prevent disputes before they
escalate into legal battles.
Special education is a legal
and financial tightrope, but with
some effort school boards can
take proactive steps to stay on
solid ground. Every Georgia
school board should focus on
prioritizing special education
funding, ensuring compliance
with IDEA, Section 504, and
ADA, investing in training for
teachers and administrators,
engaging with parents early and
often, and considering regional
collaborations to share resources
and reduce costs for specialized
services.
At the end of the day, special
education isn’t just about compliance. It involves ensuring that
every student gets the education they deserve. By staying
adequately informed, proactive
and committed to serving students with disabilities, Georgia’s
school boards can navigate
these legal challenges effectively
while keeping the focus where it
belongs: on student success.
Melanie V. Slaton is a partner and Taylor Roos an
associate at Hall Booth Smith, P.C.
