Cobb County Parent Wins Compensatory Education for Child with Disabilities Denied Services
Georgia Department of Education orders compensation for student, policy changes and staff training to protect students with disabilities in the district
ATLANTA 鈥斅�The Cobb County School District will revise their policies and procedures for special education services after a five-year-old student diagnosed with Down Syndrome and a chronic feeding disorder was denied services, the Georgia Department of Education (GaDOE)聽announced Tuesday.
The Southern Poverty Law Center (人兽性交) filed a complaint with GaDOE in December 2022 on behalf of the student, and their mother. The complaint described how the Cobb County School District refused to acknowledge the child鈥檚 treatment in an eight-week feeding program as 鈥渕edically necessary鈥� despite the recommendations of two medical professionals, and denied them access to hospital/homebound (HHB) services during the treatment period from Sept. 29, 2022 to Nov. 23, 2022. The district also withdrew the student after they missed ten days of school while receiving medically necessary care which prevented them from attending school in person.
On Feb. 14, the GaDOE found that the Cobb County School District was not in compliance with the 鈥渓east restrictive environment鈥� provisions of the Individuals with Disabilities Act and failed to implement the student鈥檚 individualized education plan (IEP).
GaDOE is now requiring the district to review and revise their policies, practice and procedures for IDEA and HHB services for students with disabilities, among other provisions, and submit them to the GaDOE for approval by Mar. 17. The district must provide training to all special education teachers and administrators and send documentation to GaDOE by Apr. 28. The student will also receive 50 hours of compensatory education services in addition to the services they receive under their IEP.
鈥淭he district鈥檚 actions were arbitrary, and a blatant violation of the student鈥檚 rights under the Individuals with Disabilities Act and Georgia law regarding hospital and homebound services,鈥� said聽Eugene Choi, senior children鈥檚 rights attorney for the 人兽性交. 鈥淲e believe training for the district鈥檚 special education staff is critically important to ensure this does not happen again. Fortunately, the Georgia Department of Education agrees and will oversee the needed changes in the district.鈥�
