DOJ Finds GA Violates ADA by Segregating Students with Disabilities

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On July 15, 2015, the United States sent its findings to the State of Georgia stating that the State’s administration of the Georgia Network for Educational and Therapeutic Support (GNETS) program violates Title II of the Americans with Disabilities Act by unnecessarily segregating students with disabilities from their peers in school.

The State fails to ensure that students with behavior-related disabilities receive services and supports that could enable them to remain in, or return to, the most integrated educational placements appropriate to their needs.

Read more at ADA: Information and Technical Assistance

DOJ Findings (PDF)

U.S. probe into Georgia special ed program could have national impact

“The Justice Department has accused Georgia of segregating thousands of students with behavior-related disabilities, shunting them into a program that denies them access to their non-disabled peers and to extracurricular activities and other basic amenities, including gymnasiums, libraries and appropriately certified teachers.

The ADA, which just turned 25, requires schools to provide people with disabilities with an education and with educational opportunities that are equal to that of their non-disabled peers. It also prohibits the unjustified segregation of people with disabilities.

“Advocates…say it also will push schools to set a higher bar for the education that those students receive.”

“IDEA was passed in the 1970s as a way to open the schoolhouse door to children with disabilities. It says that children with disabilities are entitled to an education, but it doesn’t promise much in terms of the quality of that education…”

“For a long time we have created these segregated, separate programs…”

Full story at http://www.washingtonpost.com/local/education/us-probe-into-georgia-special-ed-program-could-have-national-impact/2015/08/05/07c1a44a-3630-11e5-9d0f-7865a67390ee_story.html

  1. Is it a violation of the law, if in a general ed class there are only special ed students? I was advised it is not because students in that class may not have a disability that affects that class ( ex. child in math class that has a reading disability would not be considered disabled for that math class). Is this correct?

  2. I am a special education teacher. Recently we were told by a county level person to remove students with disabilities from their lunch period to receive services. Viewing this as segregation, and immoral, we fought against it. However, there is much that should be reported. There are no safe reporting mechanisms for teachers. Everything is set up as punitive towards teachers and people would rather quit than report. I, myself, am going to leave. There needs to be public accountability at the district and administrative levels, but they do a good job at keeping emphasis on teachers. We due what we are told to do, and often disagree with it. I feel for many of those teachers in the Atlanta scandal.

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