Plain-English explanation.
When a school denies services, restrains or secludes a child, or looks away from bullying, families of students with disabilities have real options. The strongest analysis usually starts before the legal label. It starts with the timeline, the documents, the people involved, and the consequences. GB Law looks for the facts that show what changed, who made the decision, and whether the record supports the stated reason.
For clients, these matters can affect income, references, discipline, certification, professional standing, and future work. The goal is not to overstate a claim. The goal is to understand whether the facts support a serious legal strategy and whether the matter is a fit for direct attorney attention.
Common situations we see
- The school is not following your child's IEP or 504 plan, and your child is falling behind or getting hurt.
- Your child was denied evaluations or the special education services they are entitled to.
- Staff restrained or secluded your child, sometimes without telling you.
- Your child came home with unexplained marks, or stopped wanting to go to school.
- Your child was bullied or targeted because of a disability and the school did nothing.
- The school refused reasonable accommodations and treated the request as a nuisance.
- You were kept in the dark about incidents you had every right to know about.
What the law may protect.
The Individuals with Disabilities Education Act (IDEA) guarantees eligible students a free appropriate public education, usually delivered through an IEP. Section 504 of the Rehabilitation Act and the Americans with Disabilities Act bar disability discrimination and require reasonable accommodations. Since 2021, Illinois law and Illinois State Board of Education rules sharply limit restraint and seclusion: schools may use them only when there is imminent danger of physical harm, locked seclusion is prohibited, prone restraint is banned, and incidents must be documented and reported. When a school breaks these rules and a child is hurt, families may have both special education remedies and separate injury or civil-rights claims.
Different deadlines and procedures can apply depending on whether the matter involves a private employer, public employer, agency proceeding, wage claim, constitutional claim, or administrative decision. That is why early review matters.
What evidence should you save?
- Your child's current and past IEPs, 504 plans, and evaluation reports.
- Every incident, injury, restraint, or seclusion report the school created.
- Emails and letters with teachers, case managers, and administrators.
- A dated log of what happened, what the school said, and what changed.
- Report cards, progress reports, and any regression in grades or behavior.
- Medical, counseling, or therapy records connected to what happened at school.
- Names of teachers, aides, or parents who witnessed the conduct.
Deadlines to know.
Special education disputes and injury claims run on different clocks, and some are short. A request for an IDEA due process hearing in Illinois generally must be filed within two years of when a parent knew or should have known about the problem. Personal-injury and civil-rights claims tied to a school's conduct have their own deadlines, and claims against a public district can trigger shorter notice requirements under the Illinois Tort Immunity Act. Waiting can cost rights you did not know you had, so it is worth a quick call before a deadline passes.
Questions people ask.
The school keeps ignoring my child's IEP. Is that against the law?
It can be. An IEP is a binding plan, not a suggestion. When a school repeatedly fails to deliver what it promises and a child falls behind or is harmed, that can be a denial of FAPE and the basis for a claim. Send us the plan and we will take a look.
I just found out my child was restrained at school. What can I do?
Ask for every record of the incident in writing, and talk to us soon. Illinois tightly limits restraint and seclusion and requires schools to document and report it. We can tell you whether what happened was allowed.
Do I have to finish the school's due process complaint before calling a lawyer?
No. It often helps to talk early, before deadlines pass and before you sign anything the district puts in front of you.
What is FAPE, and what does a free appropriate public education mean?
FAPE stands for free appropriate public education, the core guarantee of the Individuals with Disabilities Education Act (IDEA). It means an eligible student must receive special education and related services, at public expense, designed to meet that child's individual needs through an Individualized Education Program (IEP). When a school fails to provide services reasonably calculated to let a child make progress, that can be a denial of FAPE.
When is a school allowed to restrain or seclude my child in Illinois?
Only in narrow circumstances. Under Illinois law and Illinois State Board of Education rules updated in 2021, physical restraint and time-out or seclusion are permitted only when a student's behavior presents an imminent danger of physical harm. Locked seclusion is prohibited, prone (face-down) restraint is banned, staff must document each incident, and schools must notify parents and report incidents. Restraint used for discipline, convenience, or punishment is not allowed.
What is the difference between an IEP and a 504 plan?
An IEP is created under the IDEA for students who qualify for special education, and it lays out specialized instruction, services, and goals. A 504 plan comes from Section 504 of the Rehabilitation Act and provides accommodations so a student with any disability that substantially limits a major life activity can access the same education as peers. IEPs generally involve more services and stronger procedural protections; a 504 plan focuses on accommodations.
What does it cost to talk to us?
The first conversation is free and confidential. We will be straight with you about whether the facts support a claim.