📋 Your Rights & The Process

Q: If I receive the IEP in advance, what should I expect if decisions shouldn't be made at that point? The purpose of receiving the IEP draft in advance is for the team to share the full history and data of your child, as well as present potential goals, accommodations, and placement settings. Nothing is set in stone at that point — but receiving it early gives you the time to review all of that important information so you can come to the meeting prepared to make a decision. Use that time wisely: read everything, write down your questions, and show up ready to be an active part of the conversation.

Q: What is a PWN and why does it matter? A Prior Written Notice (PWN) is a legal document the school MUST provide every time they propose or refuse to take action on your child's education. It must explain what they're doing (or not doing), why, and what other options they considered. If a school denies your request verbally — follow up in writing and request the PWN. No PWN means no paper trail for them, which works in your favor if you escalate.

Q: How often should a 504 be reviewed or modified? Typically annually, but you can request a review at any time if your child's needs change. You do not have to wait for the scheduled review — put the request in writing.

Q: What are best practices for IEP support? My child is progressing but I'm not sure of the school's role. Progress is great — but make sure you understand exactly what is driving it. A well-written IEP will have goals that are specific enough to track data accurately, so you can clearly see if your child is improving, how they are improving, and what is helping that growth happen. You should always know what is being taught and how it directly connects to the goals in the IEP. If you can't answer those questions, ask the team to show you the data and walk you through the connection between instruction and goal progress.

Q: I requested progress reports from Speech and OT every 9 weeks but either don't receive them or the teacher provides them instead. What should I do? Service providers (Speech, OT) are required to report on IEP goal progress. If the school is not complying, send a written request via email referencing the IEP. Document every request and non-response. If it continues, file a State complaint with the Georgia Department of Education — this is a compliance issue.

🚨 When the School Isn't Listening

Q: What do I do if the school is not complying with the current IEP? Document everything in writing. Send emails, request PWNs, and keep a log. Escalate in this order: school's special ed coordinator → district's special ed director → State complaint → due process.

Q: The doctor recommended an evaluation and the school refused. Is that allowed? No. If a medical professional has recommended an evaluation, the school cannot simply refuse. You also have the right to request an Independent Educational Evaluation (IEE) if you disagree with the school's evaluation or their refusal to evaluate. To request an IEE, send an email to your school's special education coordinator stating:

• Your child's name

• That you are requesting an Independent Educational Evaluation at public expense

• The area(s) you are requesting the evaluation for

Keep it simple, keep it in writing, and keep a copy. The school must either provide the IEE at no cost to you or file for due process to prove their evaluation was appropriate.

Q: What options do I have when the school says my child doesn't qualify for behavioral services despite having an IEP? Request the denial in writing via PWN. You can dispute this through mediation, a State complaint, or due process. An IEP does not automatically guarantee every service — but the school must prove the service is not needed based on relevant, accurate data.

Q: My son's teacher has been absent since October with only substitutes and paras. Progress reports just came out. How do I request data on his progress? Send a written request directly to the principal and special education coordinator asking for documented progress data on your child's IEP goals. Specifically ask who has been tracking and reporting progress during the teacher's absence. The school is still responsible for IEP implementation regardless of staffing.

Q: I have twins with Level 2 autism and PDA profile. The school isn't listening even though they "appear okay" in the classroom. What can I do? "Appearing okay" is not a legal standard. Document the gap between school presentation and home or clinical presentation with reports, evaluations, and written observations from providers. For speech services, request the current delivery model in writing and ask for data justifying it. Put all requests and concerns in writing and keep copies of everything. Schools must defend decisions with objective evidence. Opinions, impressions, and “they seem okay” are not sufficient under federal law.

Q: How do I get the teacher and school to actually teach my child? Request data on how IEP goals are being addressed in the classroom. Ask specifically what instructional strategies are being used and how progress is being measured. If the answer is vague, that is a red flag — put your concerns in writing and escalate if needed.

Q: Would you recommend changing schools if the current school is not complying with the IEP? Changing schools does not automatically fix a compliance issue. An IEP is a legal document, and the district is responsible for implementing it. Before transferring, document the noncompliance in writing, request a corrective plan, and ask for compensatory services if supports were missed. Escalate to the district if needed. Consider changing schools only if the environment is unsafe or another placement can clearly meet your child’s needs better.

🌐 Beyond the School Walls

Q: What is GNETS? GNETS stands for Georgia Network for Educational and Therapeutic Services — a segregated system of education in Georgia for students with disabilities. The U.S. Department of Justice issued a finding that GNETS and Georgia violated the Americans with Disabilities Act for illegal segregation. Learn more at gaequityed.com/history.

Q: We need help with the Katie Beckett Waiver. Can you point us in the right direction? The Katie Beckett Waiver (also called the CCSP or NOW/COMP waiver in Georgia) provides Medicaid-funded services for children with disabilities who live at home. Contact the Georgia Department of Community Health or a disability resource navigator to help you apply and understand eligibility. Learn more at https://medicaid.georgia.gov/programs/all-programs/tefrakatie-beckett

Q: Can 529 funds be used for disability-related services? ABLE accounts (not standard 529s) are specifically designed for disability-related expenses and offer tax advantages. A special needs financial planner can help you understand which account type is right for your family and how they work together. For more information, visit https://www.path2college529.com

Q: Do we need a trust or will set up for our children with disabilities? A Special Needs Trust (SNT) can protect your child's eligibility for government benefits while still providing for their future. This is beyond school advocacy — we strongly recommend consulting a special needs or elder law attorney to set this up properly.

Q: How do we find support for our neurotypical child who is impacted by their siblings' challenges? Your neurotypical child's experience matters too. Look into sibling support groups like the Sibling Support Project (siblingsupport.org). Many therapists who specialize in family systems or neurodiversity can also help. Individual counseling can also help them process emotions in a safe space. Make intentional one-on-one time a priority. Siblings need support too, not just understanding.