Plain-English explanation.
When a child with a disability is restrained, secluded, abused, or hurt at school, or on the way there, the school and its contractors can be held responsible. The strongest review usually starts before the legal label. It starts with what happened, when, who was responsible for the child's safety, and what the institution knew before and after. GB Law looks for the facts that show whether warning signs were ignored, whether reports were acted on, and whether the rules that protect children were followed.
For families and survivors, these matters can involve physical injury, emotional harm, lost trust, and the cost of therapy and care, sometimes for years. The goal is not to overstate a claim. The goal is to give you a straight, confidential answer about whether the facts support holding the institution responsible, and what the next step would be.
Common situations we see
- Staff restrained or secluded your child, sometimes without telling you, and your child was hurt or frightened.
- Your child came home with bruises, scratches, or other marks no one could explain.
- Your child was abused or mistreated by an aide, bus driver, bus monitor, or other staff member.
- Your child cannot fully describe what happened, but their behavior changed or they stopped wanting to go to school.
- Your child was bullied, assaulted, or targeted because of a disability and the school did nothing.
- The school ignored safety supports in your child's IEP or 504 plan, and your child got hurt.
- 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. Illinois law sharply limits restraint and time out. Under 105 ILCS 5/10-20.33 (105 ILCS 5/34-18.20 for Chicago Public Schools) and 23 Ill. Adm. Code 1.285, as amended effective May 29, 2024, staff may use them only when a student's behavior presents an imminent danger of serious physical harm, less restrictive measures have been tried and have not worked, and staff are trained. Locked seclusion and prone restraint are prohibited, mechanical and chemical restraint are 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 public school district, a private school, a state-run or state-funded program, a licensed private facility, or the individual who caused the harm. Claims against a public school district or other local public body often must be filed within one year, and claims against the State follow separate rules. That is why early review matters.
What evidence should you save?
- Every incident, injury, restraint, or seclusion report the school created, and any parent notice you received.
- Photographs of any injuries, taken as soon as possible, with the date.
- A written request to preserve bus and classroom video before it is recorded over.
- Your child's current and past IEPs, 504 plans, behavior plans, and evaluation reports.
- Emails and letters with teachers, case managers, and administrators.
- A dated log of what happened, what the school said, and what changed.
- 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. Injury claims against an Illinois public school district or its employees generally must be filed within one year under the Illinois Tort Immunity Act (745 ILCS 10/8-101(a)). Claims against a private school or bus company may have different deadlines, and childhood sexual abuse claims follow their own rule (735 ILCS 5/13-202.2). Waiting can cost rights you did not know you had, so it is worth a quick call before a deadline passes.
Questions people ask.
I just found out my child was restrained at school. What should I do?
Photograph any injuries, get medical care if needed, ask for every record of the incident in writing, and ask the school to preserve any video. Then 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.
My child cannot tell me what happened. Can I still find out?
Often, yes. Many children with disabilities cannot fully describe an incident. Schools are required to document restraint and seclusion, and incident reports, video, staff statements, and medical records can fill in what a child cannot say. Changes in behavior, sleep, or willingness to go to school are worth writing down with dates.
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 an emergency. Under 105 ILCS 5/10-20.33 and 23 Ill. Adm. Code 1.285 (as amended effective May 29, 2024), physical restraint and time out are permitted only when a student's behavior presents an imminent danger of serious physical harm to the student or others, less restrictive measures have been tried and have not worked, there is no known medical reason against it, and staff are trained. Locked seclusion and prone (face-down) restraint are prohibited, staff must document each incident, and schools must notify parents and report incidents to the state. Restraint used for discipline, convenience, or punishment is not allowed. The Illinois State Board of Education explains these rules in its November 2025 restraint and time out guidance and FAQ.
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.
Do you handle IEP disputes where no one was hurt?
Our focus is on cases where a child was injured, abused, restrained, or secluded. If your concern is about services or an IEP and no one was hurt, we are glad to talk it through, and where it makes sense we can point you toward a special education attorney who handles those disputes day to day.
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.