Special Education Law

The school said no. Or the services on paper aren’t happening in the classroom, and the meetings keep ending the same way. That is the kind of case Michael handles, and he is taking these cases now in Tennessee, Georgia, and Alabama.

What Michael does for families

• IEP disputes — services that were denied, cut, or written too thin to do anything.
• 504 plans — accommodations under Section 504 that were denied or aren’t being honored.
• Evaluations — when a district refuses to evaluate, or you disagree with the evaluation it did.
• Services that aren’t being delivered — the IEP exists, the classroom doesn’t match it.
• Discipline — suspensions, expulsions, and removals involving a child with a disability.
• Due process — filing the complaint, mediation, and representing you at the hearing.
• Appeals — carrying a decision further when it needs to go further.

One point parents often miss: even when it’s a single teacher dropping the ball, the legal responsibility belongs to the district. The IEP is the district’s promise. You’re not asking anyone for a favor.

When to call

There’s no wrong time to ask, but these are the situations where waiting tends to cost you:

• Services or an evaluation have been denied.
• The IEP isn’t being followed, and the meetings aren’t fixing it.
• The district has put its own lawyer in the room.
• A suspension or expulsion is on the table.

What usually happens

Most of these disputes end without a hearing. The path runs from documentation and the IEP meeting, to mediation, to due process — and it usually stops well short of the end. What produces a quiet resolution is showing the district you mean business: being ready for a hearing, and willing to see it through, is what districts notice. From there it lands where it should — on a resolution that gets your child what they need.

About the cost

Cost shouldn’t be the thing that stops a family with a valid claim, and the law agrees: the IDEA’s fee-shifting rule means that when a parent prevails in a due process case, a court can, in its discretion, order the school district to reimburse the parent’s reasonable attorney’s fees.

Federal and appellate experience

Michael is admitted in Tennessee, Georgia, and Alabama, and before the U.S. Courts of Appeals for the Sixth, Ninth, and Eleventh Circuits, where he has litigated special education and civil-rights appeals at the federal level. Prior results do not guarantee a similar outcome.

If your concern is specific to autism — including disputes over ABA therapy coverage or insurance denials — that work is covered on the autism advocacy page. Special education is one of seven practice areas at the firm; a family matter rarely stays in a single lane, and neither does the representation.

When you’re ready to talk it through

You don’t have to figure out the next step alone, and you don’t need to have your paperwork organized or your argument ready before you call. Reach out whenever you’re ready, and we’ll talk through where your child’s situation stands and what can be done about it.

This page is general information about special education law, not legal advice, and reading it doesn’t create an attorney-client relationship.

Common questions

Do I need an advocate or an attorney for special education?

A non-attorney advocate can help you prepare for and participate in IEP meetings. An attorney can do that too — and also file a due process complaint, represent you at a hearing, and pursue remedies like compensatory education or tuition reimbursement that have to be argued in a legal proceeding. If the district has denied services, isn't following the IEP, or has involved its own lawyer, that's usually the point to talk to an attorney.

What can I do if the school isn't following my child's IEP?

Document the gaps in writing, email the case manager or special-education coordinator, and request an IEP team meeting. An IEP is legally enforceable, and the district — not just the teacher — is responsible for carrying it out. If the problem continues, federal law gives you formal options: a state complaint, free mediation, or a due process hearing. Most issues are resolved well before a hearing.

Can I afford a special education lawyer?

The IDEA has a fee-shifting rule that works as a reimbursement mechanism. If a parent prevails in a due process case, a court can, in its discretion, order the school district to reimburse the parent's reasonable attorney's fees. That rule exists precisely so that cost isn't the thing that stops a family with a valid claim.

Wherever your matter stands, the next step is a conversation. Call (615) 378-8942 or email mfb@braun-law.com.