More parents are taking legal action against Georgia school districts over special education disputes, with cases often involving school officials accused of not following the law by allegedly failing to provide necessary resources for children.
The numbers tell the story. According to the Georgia Department of Education, due process hearing requests — which ask a mediator to formally decide whether a school violated special education law — have surged 141% over the past five years.
The first two months of 2026 alone saw 111 hearings requested, nearly double all of 2021, which had 73 total.
Heather Kinsinger knows the frustration firsthand. While she did not file or pursue a due process hearing, her case illustrates similar frustration with parents fighting a school district to get their child resources required under special education law.
Kinsinger’s daughter, Katie, now 15, is an honor student today. But a few years ago, her mother played a long game of offense against their former school district in Fayette County, fighting to help her daughter who struggled to read.
Quote: The due process hearing is going to be the highest level of dispute resolution that you can go to. Attribution: Dr. Brandi Tanner, School Psychologist and Former Teacher
"Katie has dyslexia and wrestles with other learning disabilities. After Katie’s dyslexia diagnosis, Kinsinger said her school, Braelinn Elementary, knew she struggled to read but refused to provide the necessary reading instruction tailored to dyslexic children.
“The longer you let it go on, the worse it is,” Kinsinger said. “The longer it takes to remediate, the more mental [stress], and the more expensive …We spent tens of thousands of dollars in private services.”
Surge in Disputes: Due process hearing requests have increased 141% in five years.
Parent Frustration: Parents are fighting for resources required under special education law.
Systemic Issues: The surge in disputes reflects a perfect storm of more students needing help and less people to provide it.
Dr. Brandi Tanner, a school psychologist and former teacher who runs Your IEP Source, a metro Atlanta company that helps parents advocate for special education services, said the numbers reflect a perfect storm.
“The due process hearing is going to be the highest level of dispute resolution that you can go to,” Tanner said.
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