Parents Navigate Georgia’s K–12 Education Supports: IDEA, IEPs and Students’ Rights by Clay Voytek
Viviana Fernandez purchased a home in Snellville when her son, Cameron, was entering the first grade. Shortly after enrolling him at Britt Elementary, she received a call advising that he be moved to a separate school for kids with disabilities. The school continued to call her for minor behavioral issues, and she recalls feeling intimidated at her son’s first individualized education program (IEP) meeting. “I cried, and I cried after I got out of there,” said Fernandez, now an advisory member of the Georgia Council on Developmental Disabilities (GCDD). “Most of the time, they were making it seem like I was crazy, that what I was asking for was totally crazy.”
I truly feel from the bottom of my heart that Cameron is who he is today because he was included from the very first day, first of all in our family … and then in his elementary school. After a two-year fght and dipping into her 401(k) to hire an attorney, Fernandez got her son the education he was legally entitled to. Cameron, now 18, was placed in an inclusive classroom, and he was the frst student with Down syndrome to attend Britt Elementary School.
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Navigating the IEP Process Fernandez is one of many parents navigating Georgia’s K-12 special education supports. Over 160,000 children in the state’s education system have IEPs, or individualized education programs for students with disabilities. These plans, meant to ensure equity in access to education, are nationally mandated by the Individuals with Disabilities Education Act (IDEA). IEP teams are made up of parents, school faculty and, optionally, the student and a neutral facilitator. A student’s IEP is reviewed and updated at least once a year. According to resources from the Georgia Department of Education (GaDOE), parents receive written notice prior to IEP meetings outlining the agenda, location and time, but they can coordinate alternative times if necessary. Parents can also request an IEP meeting in writing at any time to make changes or ask questions. At
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the end of a meeting, parents don’t have to sign the documentation if they disagree with the program. However, the school will administer the IEP regardless, unless parents fle for a due process hearing to stop the process. “Many parents, especially in the Latino community, don’t know what kids’ rights are,” said Fernandez. “And I truly feel from the bottom of my heart that Cameron is who he is today because he was included from the very frst day, frst of all in our family … and then after two years of a battle, in his elementary school.”
Students’ Rights under IDEA Parents and students are guaranteed certain rights under: l IDEA l Section 504 of the
Rehabilitation Act of 1973 l Family Education and
Privacy Rights Act IDEA, the central piece of legislation, was last reauthorized in 2004 and last amended in 2015. Though each state uses different methods to determine guidelines and administer programs, the federal law must be followed. “IDEA governs a lot of regulations, and the IEP process
Cameron Fernandez with his mother Viviana
