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Special Education Law

How does Georgia align its laws with the UN CRPD?

Georgia ratified the UN CRPD in 2014 and has been progressively harmonizing domestic laws, including the Law on Rights of Persons with Disabilities, to meet international standards.

Can an NGO file a lawsuit on behalf of special needs students?

Yes, organizations with a legitimate interest in protecting the rights of persons with disabilities can engage in strategic litigation or represent beneficiaries.

What is the role of the Public Defender in special education?

The Public Defender (Ombudsman) monitors the implementation of rights, issues recommendations to state bodies, and publishes annual reports on discrimination.

Are international schools in Georgia subject to special education laws?

Yes, all educational institutions operating in Georgia must comply with local non-discrimination laws and authorization standards regarding inclusivity.

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Special Education Law and Systemic Consulting

Special education law is a complex legal discipline that combines human rights, administrative law, and educational regulations. This field regulates not only individual cases but also the functioning of the inclusive system as a whole. Legislation is constantly being refined to align with international standards, creating challenges for policymakers, NGOs, and educational networks alike. Special education law involves strategic litigation, initiating legislative changes, and eliminating systemic flaws, all of which contribute to creating an equitable educational environment at the national level.

This service is designed for a broad audience: large educational institutions, NGOs, donor organizations, and government agencies that require high-level expertise in special education regulation.

What Does the Special Education Law Service Cover?

Experts on Legal.ge offer systemic and strategic legal services:

  • Legislative Analysis and Recommendations: Determining the compliance of existing legislation with international conventions (UN CRPD) and preparing amendment packages.
  • Development of Organizational Policy: Implementing unified inclusive education standards for school networks or municipalities.
  • Strategic Litigation: Conducting precedent-setting disputes in court aimed at triggering systemic changes (e.g., infrastructure accessibility).
  • Training and Awareness Raising: Legal training for decision-makers on the legal aspects of inclusive education.
  • Legal Support for Grants and Projects: Providing legal assurance for inclusive projects funded by donor organizations.

Common Real-World Scenarios and Needs

At the systemic level, the following issues often arise:

  • Systemic Discrimination: No school in a region is adapted for wheelchair users. A class-action lawsuit or administrative complaint against the municipality is needed.
  • Policy Inconsistency: A school's internal regulations contradict new legislative regulations on inclusion, requiring a complete revision of the document.
  • Teacher Training Regulation: There is no clear legal mechanism obligating teachers to undergo inclusion training. An organization wants to lobby for this issue.
  • Funding Model Flaws: The existing voucher system fails to cover actual needs. Legal justification is needed to change the funding model.

Georgian Legal Framework

Sources of special education law include: the Constitution of Georgia, the Law of Georgia on the Rights of Persons with Disabilities, and the UN Convention on the Rights of Persons with Disabilities. At the administrative level, normative acts of the Ministry of Education regarding authorization and accreditation are important. Additionally, the Civil Code of Georgia and the Labor Code regulate contractual relationships with persons employed in this field.

Service Process

Cooperation includes:

  1. Situational Analysis: Studying the scale of the problem and the legal context.
  2. Strategy Development: Planning ways to solve the problem (lobbying, court, mediation).
  3. Document Creation: Drafting bills, policy documents, or lawsuits.
  4. Implementation: Managing the process and monitoring results.

Why Choose a Specialist on Legal.ge?

Special education law requires a vision that goes beyond solving a one-time problem. Legal.ge gives you access to lawyers capable of managing large-scale changes and correcting systemic flaws. Our specialists will help you create a fairer and more inclusive educational system.

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Specialists for this service

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