Sophie G. v. Wilson County Schools

United States Court of Appeals for the Sixth Circuit 742 Fed.Appx. 73, 360 Ed. Law Rep. 7 (6th Cir. 2018) ·

Practice area: Special Education Law · Federal Civil Rights Role: Counsel for the student-plaintiff

Snapshot

Michael Braun represented a special education student in federal court litigation against Wilson County Schools, a Middle Tennessee public school district. The case proceeded through the U.S. District Court for the Middle District of Tennessee and was reviewed by the U.S. Court of Appeals for the Sixth Circuit. The Sixth Circuit’s decision is reported at 742 Fed.Appx. 73 and indexed at 360 Education Law Reporter 7.

Why this case matters for Tennessee parents

When a Tennessee school district fails to follow the requirements of the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act, families have a path that runs from the IEP meeting, through state-level due process, into federal district court, and on appeal to the U.S. Court of Appeals for the Sixth Circuit — the federal appellate court that covers Tennessee, Kentucky, Ohio, and Michigan.

Most special education matters resolve long before that point. Some don’t. Sophie G. v. Wilson County Schools is one of the cases that didn’t, and it is the kind of representation Michael provides when the path runs all the way to the federal appellate court.

What an IDEA case looks like when it reaches the Sixth Circuit

Federal civil rights appeals in the special education context typically involve some combination of:

A Sixth Circuit decision in any of these areas affects every Tennessee parent and school district that comes after it.

Frequently asked questions

What is the Individuals with Disabilities Education Act (IDEA)?

IDEA is the federal statute that requires public schools to provide eligible students with disabilities a Free Appropriate Public Education tailored to their individual needs, through an Individualized Education Program developed with the family.

What is a “due process hearing” in special education?

A due process hearing is an administrative proceeding before a hearing officer (in Tennessee, an administrative law judge) at which a parent or a school district raises claims under IDEA. It is the first formal step toward federal court review of a special education dispute.

When does a special education case go to federal court?

After a Tennessee due process hearing, either side can file suit in federal district court for review. The federal court reviews the administrative record, and either side can appeal the district court’s decision to the Sixth Circuit Court of Appeals.

How long does this kind of case take?

A due process hearing in Tennessee typically takes several months from filing to decision. A federal district court review may take a year or longer. An appeal to the Sixth Circuit adds additional time. Most cases do not run the full distance — many resolve at the IEP table, at mediation, or in settlement.

What does it cost to bring a special education case?

Fee structures vary. IDEA includes a fee-shifting provision allowing prevailing parents to recover reasonable attorneys’ fees from a school district under certain circumstances. Michael discusses fee arrangements during the initial consultation.

If you’re facing something similar

Most Tennessee families do not need a federal appellate lawyer. They need an attorney who is prepared to be one if it comes to that. If your child’s IEP isn’t being followed, if the school district has refused an evaluation, if a manifestation determination didn’t go the way it should have, or if you’ve been told something at an IEP meeting that didn’t sound right, there is no charge for an initial call.

Call (615) 378-8942 to schedule a consultation.


Prior results do not guarantee a similar outcome. This case description is for informational purposes and does not constitute legal advice.