Special Education Law – Ensuring Every Child Receives the Education They Deserve

Advocating for Students with Disabilities and Their Families

Every child has the right to a free and appropriate public education, including students with disabilities. Special education laws exist to ensure that schools provide the necessary accommodations, services, and individualized instruction to meet the needs of students with disabilities. However, many families encounter resistance from school districts when seeking the services their child is legally entitled to receive. Parents may face denied services, inadequate Individualized Education Programs (IEPs), discriminatory disciplinary actions, or placement in restrictive settings that hinder their child’s ability to learn.

At Ratliff Jackson LLP, we advocate for students, parents, and guardians in special education disputes, ensuring that school districts follow the law and provide appropriate educational opportunities. If your child is being denied services, unfairly disciplined, or placed in an inappropriate educational setting, we are here to help.

Legal Issues in Special Education – What We Handle

IEP and 504 Plan Disputes

• Schools failing to develop or implement an Individualized Education Program (IEP) that meets the student’s unique needs
• Denial of Section 504 accommodations, limiting a student’s ability to succeed in the classroom
• Schools refusing to provide necessary support services, such as speech therapy, occupational therapy, or behavioral interventions
• Districts failing to include parents in the IEP or 504 planning process

Failure to Provide a Free Appropriate Public Education (FAPE)

• Schools offering inadequate instruction or failing to modify curricula to fit a student’s needs
• Denial of assistive technology, special education services, or individualized supports
• Lack of progress in a student’s education due to inappropriate placement or insufficient services
• Schools cutting special education resources due to budget concerns instead of student needs

Placement and Least Restrictive Environment (LRE) Issues

• Schools placing students in self-contained classrooms or separate schools without justification
• Failure to provide mainstreaming or inclusion opportunities in general education classrooms
• Denying students access to extracurricular activities, sports, and social programs
• Placement decisions based on district convenience rather than student needs

Special Education Discipline and Student Rights

• Unfair suspensions or expulsions of students with disabilities without consideration of their needs
• Failure to conduct Manifestation Determination Reviews (MDRs) before imposing severe discipline
• Use of physical restraints or seclusion in violation of student rights
• Schools calling law enforcement on students with disabilities instead of using appropriate behavioral interventions

Private School Placement and Tuition Reimbursement

• Seeking private school placement when public schools fail to provide adequate services
• Pursuing tuition reimbursement for private education when a district does not meet FAPE requirements
• Challenging school districts that refuse to pay for out-of-district placements

Due Process Hearings and Mediation

• Filing for due process hearings when schools refuse to provide appropriate services
• Representing families in special education mediation and settlement discussions
• Challenging school districts that ignore legal obligations under IDEA, Section 504, and ADA
• Advocating for students in administrative hearings, appeals, and litigation

Who We Represent

At Ratliff Jackson LLP, we fight for:

• Parents and guardians navigating the special education process
• Students with disabilities seeking appropriate accommodations and services
• Families challenging unfair discipline or inappropriate placements
• Advocacy organizations working to improve special education policies

Frequently Asked Questions: Special Education Law

What is the difference between an IEP and a 504 Plan?

An IEP (Individualized Education Program) is a legally binding plan under the Individuals with Disabilities Education Act (IDEA) that provides specialized instruction and services for students with disabilities. A 504 Plan, covered under the Rehabilitation Act of 1973, provides accommodations to ensure students with disabilities have equal access to education but does not include individualized instruction.

What should I do if my child’s school refuses to provide special education services?

You have the right to challenge the school’s decision by:

• Requesting an Independent Educational Evaluation (IEE)
• Filing a due process complaint or state complaint
• Seeking mediation or legal representation to enforce your child’s rights

Can my child be suspended or expelled if they have a disability?

Schools must conduct a Manifestation Determination Review (MDR) before suspending or expelling a student with a disability for more than ten days. If the behavior was related to their disability, the school must provide behavioral interventions rather than impose severe punishment.

What if my child is not making progress in their special education program?

If your child is not making adequate progress, you can:

• Request an IEP review or reevaluation
• Seek additional services, modifications, or placement changes
• Consider filing a complaint if the district is failing to provide FAPE

Can I get my child placed in a private school at the district’s expense?

Yes. If the school district fails to provide an appropriate education under IDEA, you may seek a private school placement and request tuition reimbursement. However, legal action may be necessary if the district refuses to cover the costs.

Special Education Disputes Require Strong Legal Advocacy – We’re Here to Help

Special education disputes can be overwhelming, but you do not have to fight alone. Whether your child is being denied services, facing unfair discipline, or placed in an inappropriate setting, we are committed to ensuring they receive the education and support they deserve.

At Ratliff Jackson LLP, we are dedicated to holding school districts accountable and advocating for students with disabilities.

Contact Ratliff Jackson LLP today to discuss your special education case.