Self-Defense and Georgia School Discipline
Georgia Special Education Law Blog
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2y ago
Many school districts in Georgia took the position that student behavior must be beyond question, no matter how trying the circumstances. For example, when one student punches another student, most school discipline codes expect the injured student to retreat or find a teacher to address the problem, not strike back. Typically, discipline rules do not allow a student to defend themselves, no matter how much danger they face. Defending oneself violates rules against fighting in school. There is zero tolerance.   S.G. v Henry County School District , the Supreme Court of Georgia rejected ..read more
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Dyslexia Education Scholarship 2017
Georgia Special Education Law Blog
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2y ago
To help close this deficit, I am pleased to announce the Dyslexia Education Scholarship 2017, allowing one person to attend the International Dyslexia Association's at no cost to register ..read more
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Failure to Make Progress
Georgia Special Education Law Blog
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2y ago
When evaluating the legality of an IEP, courts look at a snapshot at the moment the IEP is created. The judge essentially asks “What decision did the IEP team make incorrectly?” An IEP need only be “reasonably calculated” to provide educational benefit, and maximizing potential is never required ..read more
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Discipline Protections for Students with Disabilities
Georgia Special Education Law Blog
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2y ago
, students with disabilities are protected from being disciplined for expressions of their disability. With typical student discipline, extra discipline steps are not required unless the district seeks 11 or more consecutive days of discipline. For students eligible for IEPs, extra protections arise once the school district has imposed a total of 10 days of out-of-school suspension, regardless of whether the days were consecutive. Once the right to protection from discipline is triggered, the IEP team must convene for a special type of meeting ..read more
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Student Advocacy and Freedom of Speech
Georgia Special Education Law Blog
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2y ago
Free speech rights in schools are complicated. An advocacy march by members of the public is generally protected by the First Amendment. Whether school-related speech is protected depends on the disruptiveness of the speech. a three day suspension for any students who walk out. Walkout organizers say students have a right to freedom of speech ..read more
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The Therapist of My Student Recommends
Georgia Special Education Law Blog
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2y ago
Clinicians who work with disabled children are often very willing to sit down with a family to discuss specific recommendations, not just for private therapies, but interventions that could be done during the school day. However, many of those recommendations are rejected or ignored at the IEP meeting. Often, the school district is not committing any legal wrong in doing so. This is a combination of two distinct legal factors ..read more
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Educating the Student in the Home
Georgia Special Education Law Blog
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2y ago
Many families seek home-based education services from the school district. Seeking services at home from the school district is likely to be a slog, and the benefit for that effort is questionable ..read more
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