Recent Projects and Verdicts
Inclusion. Building on success in Chattanooga and Nashville, Mr. Gilbert won two inclusion cases in Knoxville for elementary students. The first was for a child with autism and the second for a with Down syndrome. In both cases, the school district insisted upon segregating the students into classes that deprived them of an equal opportunity and full access to their nondisabled peers. With verdicts in their favor, the students have been fully included and enjoy the opportunity for a much richer educational experience and life. Read the decisions: Knox County versus MQ | DS, and by through RS and ES, versus Knox County
Retaliation. Mr. Gilbert tried a retaliation case where the school district made false accusations to the Department of Children’s Services against a mother who requested supports for her child with special needs. The jury awarded the mother $90,000 in compensation under the ADA and section 504 for the false accusations. Read the decision: BH versus Obion County Board of Education
Accommodations. Mr. Gilbert spearheaded Covid related accommodations for children with compromised immune systems, resulting in a string of victories across the state including Middle and East Tennessee. The first cases of their kind, these landmark decisions allowed universal accommodations during a pandemic. Read the decisions: SB versus Bill Lee | RK versus Bill Lee 01 | RK versus Bill Lee 02 | Press Coverage
Teachers in private schools. Using breach of contract and Title IX theories, Mr. Gilbert represented teachers fired in retaliation for reporting sexual-harassment of students. The case settled for a large and confidential sum within weeks of notice to the school.
Access to student records. Mr. Gilbert delivered yet another verdict to parents who sought the educational and disciplinary records of their child that were withheld by the school district. The school district maintained that folders that were not stored in the Central office, but kept in a locked cabinet with a teacher, were not available to parents. The court ordered all records produced and for the parents to have full access to everything considered by the school district in creating the student’s educational plan. Read the decision: AJ versus Knox County Schools
Dyslexia projects. Mr. Gilbert is currently active and working on dyslexia cases including the state‘s failed system of eligibility and tragic cases involving capable students not receiving the services needed to learn the fundamental right to read. Read the decisions: Matthew B versus Clarksville Montgomery County Schools
Attorneys’ Fees. It is important for parents, and attorneys alike, to be able to recover attorneys’ from the school systems that violate the law. Mr. Gilbert has recovered substantial fees under the IDEA, section 504, and the ADA. Read the decisions: BH versus Obion County Board of Education | MQ versus Knox County