Special Education Law

Passionate Special Education Attorneys Helping Students throughout Tennessee

Helping children in Nashville, Chattanooga, Memphis and Jackson and beyond obtain the education they deserve

Access to a free, quality, public education is a right, not a privilege. Every student in Tennessee is guaranteed the right to learn in a safe environment with teachers who are dedicated to meeting their educational needs, while showing them the respect they deserve. For students with disabilities or special needs, this right is all too often disregarded. The Tennessee special education lawyers of Gilbert McWherter Scott Bobbitt PLC are there to protect your child when we are needed the most.

From offices in Nashville, Chattanooga, Memphis and Jackson, the Gilbert Firm provides compassionate and comprehensive legal counsel in the realm of special education law. Led by Justin Gilbert, our attorneys handle due process and court actions, working to ensure that your child has the tools he or she needs in order to make the most of the educational system in Tennessee. We protect your child’s right to an education, and lay the groundwork for better futures for other children as a result.

How our Tennessee attorneys can help with your child’s educational needs

The Individuals with Disabilities Education Act (IDEA) offers students with disabilities, between the ages of 3 and 21, federal protection of their right to education in a fair, free and appropriate setting. Section 504 of the Rehabilitation Act, alone with the Americans with Disabilities Act (ADA), passed in 1990 and amended in 2009, prohibits the discrimination of students – and individuals – based on disability status and provides a clear set of regulations that schools and businesses are required to adhere to. If you believe your child is being denied these rights and their education is suffering as a result, the Gilbert Firm can help.

Our Tennessee special education attorneys offer skilled representation in cases involving:

  • Due process hearing and mediations: If nothing is done about violations after speaking with your child’s teacher and reaching an impasse with the IEP Team, you are entitled to a due process hearing and/or mediation services.
  • IDEA, 504 and ADA Claims: Every child is guaranteed a free and appropriate education in the least restrictive environment possible. Each special needs child is entitled to a customized IEP or 504 Plan outlining the supports, services, and aids and accompanying discrimination-free accommodations.
  • Bullying at school: Tennessee law requires every single school district to have a policy prohibiting bullying and harassment and outlining protocol for reporting and investigating.
  • Restraints, Seclusion, and Isolation:  Tennessee law prohibits restraints, seclusion and isolation of students absent emergency circumstances and strict guidelines.
  • Abuse and injuries to children: Neglect and physical abuse of students with special needs can happen at the hands of teacher, principal, support staff or other students. Tennessee has a number of state codes protecting students from these acts of violence.
  • Teachers who blow the whistle: Special education attorneys work with teachers who have experienced discrimination or retaliation for advocating for students with special needs, and reporting a claim of abuse, neglect or failure to adhere to special education laws.
  • False Claims Act: A False Claim is one designed to defraud the Federal Government by billing for services not rendered.
  • Accommodations and unequal access claims: If a disabled student cannot participate in any part of the school day due to inadequate access accommodations, Section 504 and the ADA provide equal access remedies.
  • Resources For parents: Schools are mandated to provide free, appropriate services to parents of special needs students. We provide the necessary information and links you need to learn more.

Some education practices vary in Tennessee can vary from school district to school district, but all schools must be in compliance with state and federal regulations when it comes to special education. If your school is in violation of those regulations – whether from lack of funding or lack of attention – the Gilbert Firm can help.

We invite you to read more about Justin Gilbert’s work on behalf of students with disabilities:

Speak with a skilled Tennessee special education attorney today

At the Gilbert Firm, we believe in the power of education. We also believe that every child in Tennessee deserves the best possible chance at learning. If your child has a disability that requires additional tools which have not been provided by the schools as mandated by law, or if he or she has been subject to abusive or discriminatory behaviors or actions that have gone unchecked, we want to help. Please call 888.354.FIRM (3476) or fill out our contact form to reserve a consultation with a dedicated special education lawyer in our Nashville, Chattanooga, Memphis and Jackson locations.

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Gilbert McWherter Scott Bobbitt PLC and its attorneys do not maintain a bona fide office in the state of Kentucky, and do not maintain a bona fide office within the area code listed. Bona fide offices are located in Jackson and Franklin, TN.
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