LegalGELegalGE
...

Special Education Rights

Can a school expel a student for behavior related to their disability?

No, expelling a student for behaviors linked to their disability is illegal and considered discrimination. Schools must use supportive strategies instead.

What if the school refuses to follow the IEP?

You can file a formal complaint with the Ministry of Education's monitoring department or take legal action for violation of the child's right to education.

Are field trips mandatory for SEN students?

Schools cannot exclude students with disabilities from extracurricular activities like field trips unless there is a genuine safety risk that cannot be mitigated.

How can I prove discrimination?

Documentation is key. Keep records of all communications, emails, IEP meeting notes, and instances where your child was treated differently.

Reading Time

3 min

Published

...

Special Education Rights and Advocacy

Every child in Georgia has the right to receive quality and inclusive education, regardless of their physical or mental abilities. Unfortunately, parents and guardians often face obstacles in realizing this right. Special education rights encompass much more than just enrollment in school. This includes the right to an adapted environment, an Individual Education Plan (IEP), necessary resources (psychologist, special education teacher, assistant), and social integration. When a school neglects these obligations, it violates not only educational legislation but also the child's fundamental human rights.

This service aims to protect the interests of students and their parents directly. Our specialists help you demand and receive services guaranteed by the state and protect the child from discriminatory treatment.

What Does the Special Education Rights Service Cover?

Lawyers on Legal.ge offer support in the following areas:

  • Monitoring IEP Implementation: Legal response when a school formally creates an Individual Education Plan but fails to execute it in practice.
  • Disciplinary Disputes: Protecting the child's rights when the school attempts to expel or punish them for behavioral issues stemming from their diagnosis.
  • Combating Bullying and Discrimination: Utilizing legal mechanisms (complaints to the principal, resource center, or Public Defender) to protect the child's dignity.
  • Requesting Assistive Devices: Demanding transportation, adapted textbooks, and technical aids.
  • Representation: Representing parents' interests before the school administration, the board of trustees, and the Ministry of Education.

Common Real-World Scenarios and Needs

Parents often approach us with the following problems:

  • "Take Them Home": A teacher calls the parent and asks them to take the child home before classes end because they "cannot control them," thereby violating the child's right to education.
  • Exclusion from Field Trips: The school plans a field trip, and the SEN student is told they cannot go because the transport is not adapted or the teacher does not want to take responsibility.
  • Lack of Support Staff: The child needs a personal assistant for feeding and mobility, but the school refuses to add the position, citing a lack of funds.
  • Unfair Grading: A teacher gives the child low grades based on standard criteria, whereas according to the IEP, assessment criteria should be modified.

Georgian Legal Framework

Special education rights are underpinned by the Constitution of Georgia (Article 27) and the Code on the Rights of the Child, which prioritizes the child's best interests. The Law on the Elimination of All Forms of Discrimination prohibits any differential treatment based on disability. The Law on General Education and the National Curriculum detail the school's obligations regarding inclusive education. Recommendations of the Public Defender's Office are also important instruments.

Service Process

The advocacy process includes:

  1. Consultation: Informing the parent about the child's specific rights in the current situation.
  2. Negotiation with the School: Preparing an official letter and meeting with the school administration to resolve the problem peacefully.
  3. Administrative Complaint: Filing a complaint with the Ministry of Education's internal audit or resource center.
  4. Litigation: Seeking compensation for damages and establishing facts of discrimination through the court.

Why Choose a Specialist on Legal.ge?

When the future of a child is at stake, compromise is unacceptable. Legal.ge allows you to find lawyers specializing in children's rights and inclusive education. They will help you become an effective advocate for your child's rights and ensure a dignified educational environment for them.

Updated: ...

Specialists for this service

Loading...