Law Ofc of Allison B. Vrolijk, Esq, Special Education Attorney

04/23/2026

It's been a long time since I've made a post......but I recently compiled some information that some in Georgia might find interesting.

I've always said that, in Georgia, you shouldn't ever have to file for due process if you have a strong enough case -- that districts usually are willing to negotiate/mediate without litigation pending. That cases that do go all the way to hearing are usually losing propositions for parents. I often encourage parents to try stand-alone mediation first, saving the time and expense of all that comes along with a due process case. And FWIW, I've had a good amount of success for/with my clients going that route.

I recently decided to examine whether that proposition still holds true. Using absolutely no scientific method, I took a look at all due process hearing decisions that resulted in a published opinion for the years of 2023, 2024 and 2025. Realize that this does not capture how many due process hearing requests were filed and settled prior to going to the actual hearing (CADRE crunched those numbers a handful of years ago, but the most recent year I can find information on is 2020-21). Here is my summary:

2023:

10 hearing decisions
At least 9 cases pro se (parents represented themselves without an attorney, although one parent WAS an attorney)
Main complaint: 6 FAPE, 1 breach of settlement agreement, 1 child find, 1 FERPA, 1 MDR appeal
Results: parent 1 (unclear whether parent was represented), districts 9.

2024:

14 hearing decisions
12 cases pro se, 2 cases represented by attorneys
Main complaint: 5 FAPE, 4 MDR appeals, 3 LRE/enrollment/placement, 1 eligibility, 1 IEE request denial (brought by the district)
Results: parent 0, districts 14.

2025:

14 hearing decisions
9 cases pro se, 5 cases represented by attorneys
Main complaint: 9 FAPE, 4 MDR appeal, 1 brought by district due to parent behavior
Results: parent 5 (sort of, see * below), districts 9.

* Of the 5 parent "wins," 2 were true wins, 1 was a win on a technicality, and 2 were partial wins. Interestingly, all of these "wins" were by pro se parents.

So, over the past 3 years: 38 due process hearing decisions, 6 parent wins, 32 parent losses. That is, if we're counting partial and techincal parent wins - if we're not, then it's 3 parent wins, 35 parent losses.

01/05/2026

Taken from the files of "I Can't Make This Up"

Recently received a client's progress report with supporting data to review. Child has a goal for answering comprehension questions off of a cold read passage (divided into one objective for factual questions and one objective for inferential questions). Putting aside the fact that progress was reported on the overall goal ONLY rather than each objective separately, the three pieces of supporting data provided were:

1 - teacher read passage aloud to student; only factual questions asked;

2 - "passage" was three pictures that told a story; data sheet reflects that they spoke about the pictures before answering the questions.

3 - teacher read aloud to student and they discussed the passage before student answered the questions.

Despite this, the progress report itself says that Student read the passages independently.

Made for an interesting meeting..............

Lesson: ALWAYS ask for the data used to support the reported progress.

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10/24/2025

I received this email today, and thought I'd share:

I hope this message finds you well. My name is Bhabika, and I am a doctoral student at Vanderbilt University. I am reaching out to share information about my dissertation project, which focuses on supporting South Asian American parents of children with disabilities.

As part of my research, I have developed a free 4-week parent advocacy program called SANGAI (South Asian Network for Guidance, Advocacy, and Inclusion). The program is designed to help parents learn about special education rights, build empowerment, and strengthen their advocacy skills for their children. SANGAI is completely online, so anybody from across the United States can participate!

Recruitment is currently open, and I am seeking South Asian American parents of children with disabilities who may be interested in participating. I would greatly appreciate it if you could help share this opportunity with families or networks who might benefit from it.

I have attached a flyer with additional details about the program and contact information. Please don’t hesitate to reach out if you have any questions or would like more information.

Thank you so much for your time and support in helping connect families to this resource.

Warm regards,

Bhabika Joshi
PhD Candidate, Special Education
Peabody College | Vanderbilt University
OMC 302C | [email protected]

10/13/2025

ICYMI: https://www.k12dive.com/news/special-education-OSEP-OSERS-federal-rifs-Government-shutdown/802662/?fbclid=IwY2xjawNZRA9leHRuA2FlbQIxMQABHv1A348k068hlPVLa7SMP2CbV-muvwDrx6lIw4JReZL9m_QnN4neY3BUVtg8_aem_XHBYYSpq_sJ6ckqR4zXDCw

With OSEP reportedly decimated, one special education expert asks: How can IDEA "possibly function"?

10/08/2025

TIPS OF THE DAY: If your child has goals and objectives for academic skills - reading, written expression, and/or math -- and the only service they have in those areas is supportive (paraprofessional) instruction, then they are NOT receiving ANY specialized instruction for those goals and objectives.

Paraprofessionals are not teachers -- they do not and can not provide specialized instruction. That HAS to come from a teacher.

If your child is not receiving specialized instruction FROM A SPECIAL EDUCATION TEACHER in those areas that the IEP team identified as deficits and wrote goals for, then the IEP is not designed to confer a FAPE for your student and you should not expect them to make progress.

I see this far too often and don't understand why school-based IEP teams don't get it.

I see similar issues with behavioral goals - if your child has a behavioral goal, please do not leave the IEP meeting before you have a clear understanding of who will be providing the behavioral instruction, where it will be occurring and when. And make sure the IEP reflects ALL of that.

{off soap box}

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09/25/2025

Bulloch County, Georgia, WTH?

Don't know how I missed this decision when it came out in January.

TLDR version: Student has behavior. IEP team determines the behavior IS a manifestation of their disability and, therefore, would receive no further consequences.

3 weeks later, " BCSD’s Superintendent, Mr. Charles Wilson, sent a letter to [student]'s parents stating he had himself unilaterally overturned the manifestation determination of [student]’s
IDEA team." The District then conducted a disciplinary hearing, which resulted in the expulsion of the student.

Not often that you see a Motion for Summary Determination filed (by the parent) AND GRANTED in due process cases.

This is (hopefully) the direct link to the decision, for any who are interested:

https://url.gadoe.org/6fy29

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08/14/2025

Important FAQ on waivers and their impact on IDEA and students with disabilities. (the second link is the FAQ).

COPAA Explains ED Waiver Authority, Impact on Students with Disabilities

This year, the U.S. Department of Education (ED) has provided States with several guidance documents promoting the Secretary of Education’s waiver authority under the Elementary and Secondary Education Act (ESEA). In response, COPAA has developed an Overview and Frequently Asked Questions resource to help COPAA members understand how ESEA waivers work and how advocates can engage in state applications for waivers.

🔗https://www.ed.gov/about/news/press-release/us-department-of-education-encourages-states-maximize-opportunity-improve-academic-achievement
�https://cdn.ymaws.com/www.copaa.org/resource/resmgr/docs/2025_docs_/eseawaiverfaq_2025.pdf

ALT - White background with COPAA logo, Text reads Weekly News

08/04/2025

TIP OF THE DAY: So here we are in Georgia, a new school year has begun. And I'm already hearing reports of IEP teams, inheriting new 6th grade or 9th grade students, asking parents to meet to make "adjustments" to IEPs. This typically looks like one of two things: 1- changes to services (for the convenience of the school); and/or 2 - changes to accommodations (due to the new school not wanting to provide the accommodations that the last school's IEP team determined the student needed).

In either of these cases, it is unlikely that your child's needs have changed over the summer. There is likely no new information about your child to indicate that anything should be changed. So I caution you to be VERY skeptical of a new IEP team trying to convince you that your child's IEP should be changed so early in the school year.

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07/28/2025

Georgia parents: curious about your child's new teacher's credentials? Check them here:

07/21/2025

Sorry to be the one to break the news to you, especially for my friends down here in the South.....

but......

summer is about over. School is starting back up in a couple of weeks.

So.....you should all be getting your introduction-to-new-teachers email together, where you introduce your child to their new teachers. Be sure to include the most important tid bits regarding working with your child, highlight the most important accommodations and share things that they should know that do NOT appear in the IEP. If your IEP contains data reporting provisions to you (ie weekly communication regarding skills being worked on in class, quarterly raw data progress provisions, etc), pointing that out would be a great idea as well. Provide friendly reminders of your expectations for information coming home to you. Offer your assistance in getting to know your child.

What else do you put in your introduction email?

07/18/2025

“Many of the layoffs targeted the Education Department’s Office for Civil Rights, which handles complaints of disability discrimination in schools. In addition, the agency closed seven of 12 regional branches of the civil rights office earlier this year.”

The Trump administration is moving forward with sweeping plans to dismantle the U.S. Department of Education, a move advocates say will disproportionately affect students with disabilities.