Special Education Law and Children’s Rights

Kirby Johnson P.C. also handles special-education and children’s rights cases. In 2018, Mr. Johnson obtained a certificate in special-education advocacy from the William & Mary Law School in Williamsburg, Virginia. He handles IDEA cases, cases arising from for violations the Americans With Disabilities Act, and cases arising from violations of § 504 The Rehabilitation Act of 1972. Additionally, Mr. Johnson handles cases related to students’ IEPs as well as due-process claims.

Mr. Johnson is currently litigating a case called J.S. III vs. Houston County Board of Education. In that case, Mr. Johnson handled an appeal before the United States Court of Appeals for the 11th Circuit, where he successfully obtained a reversal of the trial court’s judgment. In the case, after submission of briefs and Mr. Johnson’s oral argument, the 11th Circuit ruled that J.S. III presented substantial evidence that a disabled student’s removal from his classroom, his seclusion, and his segregation from all other students amounts to intentional discrimination, which violates the ADA and § 504. The 11th Circuit also ruled, as a matter of law and first impression, that a teacher can be a person who possesses authority to take action to correct discrimination against a disabled student. The case was selected by attorney Peter W.D. Wright (http://www.wrightslaw.com), the nation’s pre-eminent scholar on special-education law, as a Wrightslaw 2018 case of the year.

Do you want to find out more about your options? Call us at (205) 458-3553 or fill out this form and we will schedule a free consultation to review your case.