Rights in Georgia's Public Schools

One of the most important things you can do for your children is to be involved in their education. You need to know the school principal and your child�s teachers, so you can discuss your child�s progress. You need to know the school�s rules and what the school expects from parents and students. You also need to know the school�s procedures and your rights in case a problem occurs. Did you know if you fail to attend a school conference on behalf of your child charges can be filed against you and you could be fined up to $500?

Under Georgia law, every child has the right to a free public education. Children between the ages of six and sixteen must attend school. If children are not in school, they and their parents may face legal action.

Unless children are homeless or have homeless parents, they must attend the school in the neighborhood where they live. Homeless children may be able to continue attending a school they moved away from.

Every fall when school starts, go over the school rules with your children so both you and your children know exactly what the school expects. If children break school rules, they can be suspended or expelled.

Students who are suspended or expelled have rights called �due process.� Due process means the school must give the student notice--an explanation of what the school thinks the student did wrong. The school must also give the student a hearing--a fair chance to tell their side of the story.

For suspensions of 10 days or less, students have the right to be told, in person or in writing, the reason for the suspension. They also have a right to tell their side of the story before being suspended, unless letting the student stay in school would be dangerous or disruptive.

For suspensions of more than 10 days and for expulsions, students have the right to a more detailed notice and a more formal hearing including:

Children with disabilities who are or should be getting special education have more rights if they are facing suspension and expulsion.

Federal law requires that children from ages three to twenty-one who have a disability or a disability get a free public education that meets their special needs. Children with physical problems, like those who are blind or must use a wheel chair, have a disability. Children with learning problems and children who act out may have a disability.

The school must evaluate each child to decide what type of teaching the child needs. The school must also identify what health services and transportation services possible. Parents have the right to help decide what kind of education and services their child receives. The school must notify parents before evaluating their child, before meeting to make the IEP, and before changing their child�s placement. If parents disagree with anything in the school�s evaluation or education plan, they can request a mediation and a due process hearing. Parents can have an attorney go to the hearing with them.

Homeless children have rights under federal law. A school must enroll a homeless child right away even if the student does not have the papers he or she would normally need. The school must help the family get those records as well as records from the student�s last school.

A homeless student has the right to stay in the school he or she last attended before losing his/her home. The school district must provide transportation even if the child moves to a different city, county or district. The also requires a school to make its programs and services available to homeless children. Each school district must have a coordinator to tell families their rights and help them get the services they need.

School records are confidential. However, parents have the right to see their own children�s records. If the records are not accurate, parents can ask that they be corrected. A school must get written permission from parents before it gives records to someone else. Once a student is eighteen, he or she has the right to see his/her own school records.

If your child is having problems, the school should hold a student support team (SST) meeting. The SST will meet to discuss the child�s educational problems and then create a plan to help the child improve on their current situation. IF you see your child having significant problems in school, you have the right to request an SST meeting. If your child is already being served by an SST program and continues to struggle, you many ask that the SST meet to change the plan by adding more support services or changing the services already provided.

If you believe that the cause of your child�s problems is an unidentified disability, you have the right to ask the school to evaluate your child to determine whether he/she has a disability. If you have asked the school to evaluate your child but got no response, send a letter to the school stating that you believe your child is disabled and may be eligible for additional educational support. Keep a copy of the request for your records.

For more information about your rights, you can call the Atlanta Legal Aid Society at the office closest to you.