Frequently Asked Questions
Alabama Special Education FAQ | The IEP Lawyers
Real Answers to the Questions Alabama Parents Ask Most
When your child's education and rights are on the line, you need clear, accurate legal information — not vague generalizations. These answers are written by experienced Alabama education and civil rights attorneys. Browse by topic below.
Topics covered: Special Education Lawyers · IEPs & 504 Plans · School Discipline & Expulsion · Bullying & Harassment · Discrimination & Title IX Due Process & Legal Procedures
Don't see your question? Call (256) 361-9402 (Northern AL) or (334) 293-1366 (Central/Southern AL) for a free, confidential consultation.
Special Education Lawyers
Understanding what a special education attorney does and when to hire one.
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A special education lawyer is an attorney who specializes in the educational rights of students with disabilities. They help parents navigate federal and state law, including IDEA, Section 504, and the ADA, to ensure their child receives appropriate services, accommodations, and placements. They represent families in IEP meetings, due process hearings, mediation, administrative complaints, and federal court.
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Contact an attorney when the school denies your request for an IEP evaluation, when you disagree with the school's evaluation or eligibility decision, when the school fails to implement your child's IEP, when your child is suspended or facing expulsion, when your child is being bullied and the school is not acting, when you suspect disability discrimination or a Title IX violation, or when you are preparing for a due process hearing.
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Your attorney will review your child's full educational record, evaluate the school's compliance with IDEA and related laws, and develop a strategy tailored to your family's goals. Depending on the situation, this may involve negotiating with the district, filing a State Complaint with the Alabama SDE, requesting mediation, or filing for due process. We prepare you fully before any meeting or hearing so you are never caught off guard.
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No. We exclusively represent students and families. We have never represented a school district, administrator, or teacher. Our loyalty is always to your child, full stop.
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We offer a free, confidential initial consultation. Fee structures vary by case type and complexity. Importantly, under IDEA, if a family prevails at a due process hearing or in federal court, the school district may be ordered to pay attorney fees, meaning many families pay little or nothing when we win.
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Look for an attorney licensed in Alabama with specific experience in IDEA, Section 504, ADA, and discipline education cases. Verify their track record, client testimonials, and whether they practice exclusively in education and civil rights law. Our founding attorney, LeTonya F. Moore, is a former federal civil rights litigator with over two decades of experience and represents only families, never schools.
Frequently Asked Questions: IEPs & 504 Plans
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An Individualized Education Program (IEP) is a legally binding written plan for a student with a disability who needs specially designed instruction to access their education. To qualify, a student must have a qualifying disability under IDEA (such as autism, ADHD, a learning disability, speech impairment, emotional disturbance, or physical disability) and that disability must adversely affect their educational performance.
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An IEP provides specially designed instruction and related services (such as speech therapy or counseling) tailored to a child's unique needs. A 504 Plan provides accommodations and modifications (such as extended time or preferential seating) to give students with disabilities equal access to education. 504 Plans are available to students whose disability affects a major life activity, even if they do not need specialized instruction.
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Submit your evaluation request in writing. The school must respond with a written Prior Written Notice (PWN) either agreeing to evaluate or explaining why it is declining. If they decline, you can challenge that decision through a State Complaint, mediation, or due process hearing. You also have the right to an Independent Educational Evaluation (IEE). Contact us immediately because there are legal deadlines
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Once you provide written consent, the school generally has 60 calendar days to complete the evaluation and hold an eligibility determination meeting. Missing this timeline without good cause is an IDEA violation.
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Yes. A student can be gifted and also have a disability. If a disability affects their ability to access or benefit from their education, even if they are academically above average, they may qualify for an IEP or 504 Plan. Twice-exceptional students deserve and are legally entitled to appropriate support.
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FAPE stands for Free Appropriate Public Education. It is the cornerstone of IDEA: every eligible student with a disability is entitled to an education that is free, specially designed for their unique needs, and reasonably calculated to help them make meaningful educational progress. The U.S. Supreme Court's Endrew F. decision (2017) requires IEPs to be ambitious, not just minimally adequate. If your child's IEP is not producing real progress, that may be a FAPE violation.
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Item desUnder IDEA, students with disabilities must be educated alongside their non-disabled peers to the maximum extent appropriate. A school cannot place a child in a self-contained classroom, separate school, or other restrictive setting without justifying why the disability cannot be addressed in a general education setting with supports. LRE violations are common and can be challenged.cription
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Item descriptionYes. If you disagree with the school's evaluation, you have the right to request an Independent Educational Evaluation (IEE) at the school district's expense. The school must either fund the independent evaluation or file for due process to defend its own evaluation. We help Alabama families exercise this right.
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Failure to implement an IEP as written is a serious IDEA violation. You should document the failure in writing, request an IEP meeting, and consider filing a State Complaint with the Alabama State Department of Education or requesting due process. Remedies can include compensatory education (make-up services), revised programming, and in serious cases, monetary damages.m description
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Item descriptioPrior Written Notice is a document the school must provide whenever it proposes to or refuses to initiate or change the identification, evaluation, educational placement, or provision of FAPE for your child. A PWN must explain the school's action, the information it relied on, and the alternatives it considered. Failure to provide a legally compliant PWN is itself an IDEA procedural violation.n
School Discipline, Suspension & Expulsion
Federal law gives students with disabilities powerful additional protections in disciplinary proceedings. Know them before your child's hearing.
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Schools can impose short-term suspensions (up to 10 cumulative days per year) without a formal hearing. For longer suspensions or expulsions, federal and state law require due process, meaning advance written notice, a hearing, and the right to present your side. For students with disabilities, additional IDEA protections apply before any suspension exceeding 10 cumulative school days.
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An MDR is a meeting that must occur before a school expels or imposes a long-term suspension (more than 10 cumulative school days) on a student with an IEP or 504 Plan. The team must determine whether the conduct was caused by, or substantially related to, the student's disability, and whether it was a direct result of the school's failure to implement the IEP. If yes, the school generally cannot proceed with the expulsion.
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Only under strict conditions. Schools may impose up to 10 cumulative days of suspension per year without triggering additional IDEA protections. Beyond 10 days, the school must continue educational services, conduct an MDR, and address the behavior through a Functional Behavioral Assessment and Behavioral Intervention Plan. Using suspensions in a pattern to exclude a student with a disability is an IDEA violation.
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If you believe the MDR team reached the wrong conclusion, you can request an expedited due process hearing to challenge the determination. These hearings are scheduled faster than standard due process because a student's placement is at stake. The IEP Lawyers represent families in MDR challenges throughout Alabama.
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Yes, and for serious disciplinary proceedings involving potential expulsion or long-term suspension, it is strongly recommended. School districts have their own legal teams and administrators in the room. Having an attorney ensures that procedural violations are identified, your child's rights are protected, and you are not pressured into agreeing to outcomes that harm your child.
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Item descriptionYes. Alabama students have the right to appeal suspension and expulsion decisions within the school district and, if necessary, through the state administrative process or in court. A suspension based on false accusations, insufficient evidence, or procedural violations may be overturned on appeal.
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Item descriptionA student without an identified disability may still be entitled to IDEA protections during disciplinary proceedings if the school had a 'basis of knowledge' that the student might have a disability, for example, if you had previously requested an evaluation, or if teachers had expressed specific concerns about the student's behavior or learning. Contact us before any disciplinary hearing to evaluate whether these protections apply.
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Item descriptionYes, unless it is removed. In Alabama, you can request the removal or sealing of suspension and expulsion records, particularly if the action was overturned on appeal or improperly imposed. The long-term consequences for a child's educational and employment future make challenging unjust discipline worth fighting for.
Frequently Asked Questions: Bullying, Harassment & Intimidation
When an Alabama school knows about bullying and fails to act, it may be violating your child's civil rights.
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Yes, under certain circumstances. If the bullying is based on a protected characteristic (disability, race, sex, national origin, or religion), the school had actual knowledge, and the school responded with deliberate indifference, you may have federal civil rights claims under Title IX, Section 504, the ADA, or Title VI. We evaluate these claims for Alabama families at no upfront cost.
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Deliberate indifference is the legal standard for holding a school liable for peer harassment under federal law. It means the school's response to known bullying was clearly unreasonable, not that the school intended to harm your child. An ineffective investigation, dismissing a complaint, or suggesting the victim avoid the bully can all constitute deliberate indifference.
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Disability-based bullying that creates a hostile educational environment is a form of disability harassment prohibited by Section 504 of the Rehabilitation Act and the ADA. If the bullying has caused your child to miss school, avoid classes, or fall behind academically, the school has an obligation to act. For students with IEPs, the failure to address disability harassment may also constitute a FAPE violation.
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Yes, in many cases. If off-campus or online bullying creates a hostile educational environment at school, causing your child to fear attending, be unable to participate, or experience academic harm. The school's legal obligation to respond extends to that conduct. The physical location of the bullying does not end the school's duty to protect your child's right to a safe learning environment.
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First, document everything. Document dates, incidents, witnesses, and your child's academic and emotional impact. Then, put the school on formal written notice via email to the principal and counselor, stating explicitly that you expect an investigation and response. If the school fails to act meaningfully, contact us. We help Alabama families file OCR complaints, pursue due process under IDEA, and litigate civil rights claims when necessary.
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Education law attorneys and civil rights attorneys handle school bullying cases. The IEP Lawyers are both. We are education attorneys and civil rights litigators who exclusively represent students and families. We handle bullying cases involving disability harassment, sex-based harassment, racial harassment, and general hostile environment claims.
Frequently Asked Questions: Discrimination & Title IX
Every Alabama student has the right to an education free from discrimination based on disability, sex, race, or other protected characteristics.
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Title IX of the Education Amendments of 1972 prohibits sex discrimination in any educational program receiving federal funding, which includes every Alabama public school and most private schools. It covers sexual harassment, sexual assault, gender-based bullying, discriminatory treatment based on sex, and retaliation against students or parents who report violations.
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File a formal written Title IX complaint with the school's designated Title IX Coordinator. The school is then legally required to conduct a formal investigation under its Title IX grievance process. If the school fails to investigate or responds inadequately, you can file a complaint with the U.S. Department of Education's Office for Civil Rights (OCR) within 180 days and may have grounds for a federal lawsuit.
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OCR is the federal agency within the U.S. Department of Education responsible for enforcing Title IX, Section 504, Title VI, and other civil rights laws in schools. An OCR complaint must be filed within 180 days of the discriminatory act. OCR investigates, can issue findings against the school, and can require corrective action. The IEP Lawyers assist Alabama families in preparing and filing OCR complaints.
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Yes, and retaliation is itself prohibited by federal law. If your child's grades dropped, they were removed from an activity, or they were disciplined in a way that feels connected to a discrimination complaint, that may be actionable retaliation under Title IX, Section 504, or other civil rights statutes. Document any changes in treatment after the report and contact us immediately.
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Yes. The IEP Lawyers handles intersectional cases involving both disability rights and Title IX. Students at the intersection of disability and sex discrimination often face unique challenges, including schools that dismiss their credibility based on their disability. We bring expertise in both IDEA/Section 504 and Title IX to these cases.
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An OCR complaint must be filed within 180 days of the discriminatory act. Federal court civil rights lawsuits have their own statutes of limitations. State complaints under IDEA must be filed within one year. Due process hearing requests must be filed within two years of when you knew or should have known of the violation. Contact us as soon as possible; delays can permanently bar otherwise valid claims.
Frequently Asked Questions: Due Process & Legal Procedures
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A due process hearing is a formal legal proceeding before an impartial hearing officer where parents and school districts present evidence and arguments about a disputed special education matter, such as eligibility, IEP appropriateness, placement, or discipline. Both parties may be represented by attorneys. The hearing officer issues a written decision. Either party can appeal to federal court.
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After filing a due process request, there is a 30-day resolution period during which the parties attempt to settle. If no resolution is reached, the hearing must be held and a decision issued within 45 days. Total timeline from filing to decision: approximately 75–90 days, though extensions can be agreed to by both parties.
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During any pending due process or appeal proceeding, the school cannot unilaterally change your child's educational placement. This is the 'stay-put' rule. The school must keep your child in their current placement, with their current services, until the dispute is resolved. It is one of the most powerful protections available to Alabama families, and we act quickly to enforce it when schools try to circumvent it.
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Yes. Federal law gives parents the right to request an IEP meeting at any time. The school must convene the meeting within a reasonable time. If the school refuses your request or stalls unreasonably, that failure to respond to a parent's request is itself a procedural violation under IDEA.
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A State Complaint is filed with the Alabama State Department of Education (ALSDE) when you believe a school district has violated IDEA. The ALSDE investigates and must issue a written decision within 60 days. State Complaints are different from due process; they are faster and can address systemic or policy-level violations. They can be filed within one year of the alleged violation.
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Mediation is a voluntary process in which a trained, neutral mediator helps parents and the school district reach a mutually acceptable agreement. Mediation is free to families in Alabama and can produce legally binding agreements. It is often faster and less adversarial than due process, but it requires both parties to participate voluntarily.
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Under IDEA, if a parent is the prevailing party in a due process hearing or federal court proceeding, the court may award attorney fees against the school district. This is one reason why legal representation in due process cases may ultimately cost your family nothing if you prevail.
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Alabama law does not explicitly prohibit parents from recording IEP meetings, but school districts may have policies requiring advance written notice before recording. We advise clients on how to handle this issue strategically and ensure the recording (if made) is protected and usable.
Still Have Questions? We're Here to Help.
Every family's situation is different. If your question is not answered here, or if you need to talk through your child's specific circumstances with an attorney, we offer parent strategy sessions here. If you want to discuss representation, we offer free, confidential consultations with no obligation. Schedule a consult here.
Phone:
(256) 361-9402 — Northern Alabama
(334) 293-1366 — Central and Southern Alabama
Email: info@theieplawyers.com
We serve families across all of Alabama. We are prepared to represent you at IEP meetings, mediation, due process hearings, and in federal court if necessary.