ABOUT MARY E. BROADHURST
Mary E. Broadhurst is an attorney who provides quality legal services in the area of special education to children and youth with disabilities. She is a 1990 graduate of University of Oregon School of Law. Licensed to practice law in Oregon, Mary was admitted to the Oregon State Bar in 1991; the United States District Court for the District of Oregon in 1992; and the Ninth Circuit Court of Appeals in 1995.
Special education cases are complex in that they require an in depth understanding of both the nuances of educational theory and child development as well as a thorough comprehension of a rapidly evolving, and frequently contradictory, body of law. Mary's background makes her uniquely able to understand the issues facing families with children with disabilities. She was the oldest girl, the third child in a family of ten children. At the age of 13 Mary began working with children with disabilities at summer camps for children with disabilities. She attended a vocational high school where she received instruction in child development and was provided with 2 years of experience working with children, both those with and without disabilities.
Her first 2 years of college was at Fitchburg State College, Massachusetts, where she majored in Special Education. During this time she also worked as a crisis intervention residential counselor for adults with developmental disabilities. Resuming her schooling in California she continued to pursue a teaching degree and with one semester to go, switched majors to pursue entrance to law school. The majority of her undergraduate course work was in the field of teaching, giving her an understanding of the principles of education.
During law school she researched and wrote major portions of The Educator's Encyclopedia of School Law, for authors' Richard D. Gatti and Daniel J. Gatti. Mary also published an article entitled The Legal Limits of School Discipline for Children with Handicaps, 69 Oregon Law Review 117 (1990).
Also during law school she worked as a legal intern for the Oregon Advocacy Center, handling special education issues and representing a client at an administrative hearing. In 1992, she was the co-author of the Oregon Advocacy Center's Special Education: A Guide for Parents and Attorneys, 3rd Edition.
Mary has made many presentations in the area of special education. Her audiences have included parents, advocates, attorneys, and school district personnel. Mary has been a member of COPAA (Council of Parent, Attorneys, and Advocates) since its inception.
Since 1991, with the exception of
two education related civil rights cases, Mary has exclusively represented
individuals with disabilities in the area of special education. At present,
her emphasis is a pro-active approach attending eligibility, IEP, and
placement meetings where it is her goal to ensure that the collaborative
process intended by Congress is used to make decisions thereby strengthening
the role of parents.
SERVICES PROVIDED: There are many ways that I assist families of children with disabilities in their struggles to have their child receive an education that benefits them in a meaningful way. The IDEA requires that each child with a disability receive an education which meets the unique needs of the child at no cost to their parents. Sometimes, students who should be receiving services are not identified as needing special education.
Under the IDEA districts do not need to provide the "best" education or maximize the child's potential. Thus, differences of opinion between parents and school personnel often develop over how much benefit is enough.
With districts not receiving adequate money to fully fund appropriate education for all children, parents often find themselves in situations where districts deny necessary services because of the lack of available resources. The districts don't usually come right out and say this, though lately I hear it said more. Instead parents usually hear "Your child will have a better year this year with the new teacher," or "While we all wish we could provide the best education, we are doing what the law requires."
When I first started out in my law practice I primarily got involved in a case when there was a dispute already identified. Decisions had been made and positions hardened. I evaluated the case by reviewing the student's records, interviewing the parents, and sometimes talking with others who work with the child. If the parents' case was strong I accepted it and requested a due process hearing. Often cases settled with parents getting much of what they wanted. Some districts would not settle and went to hearing instead. Initially, in the early 90's, parents won the vast majority of the hearings. By the mid 90's the pendulum swung and by the end of the decade districts won the majority of the cases. There have been more parent victories since 2000, including at least three cases in which families received district funding for residential placements of their children.
Hearings typically are 3 days long and look a lot like a court proceeding. The preparation time and the pre and post hearing briefs that are necessary as well as the actual hearing add up to a very expensive process. Hearings often cost between $15,000 and $20,000 dollars - not an option for most parents. If parents prevail they are entitled to have their attorney fees paid by the district. Parents can, of course, go to hearing unrepresented but the law requires districts to have attorneys representing them and, thus, most parents are at a serious disadvantage without an attorney.
Along the way, I realized how futile the hearing system was for the vast majority of cases and saw the need to start using the complaint system which is yet another way to resolve disputes under the IDEA. Under the complaint system once a complaint is filed the State Department of Education must investigate the complaint and issue an final written order. It is a process that works well in some cases and not so well in others. There is no formal taking of testimony. Instead the State interviews witnesses and reviews written information provided by both the parents and the districts. Thus, with the process streamlined because there is no hearing, it is an easier system for parents to use with out attorneys. It also is a more affordable process for parents to use if they decide to have an attorney represent them, costing between $1,500 and $3,500. In 2000 the Ninth Circuit Court of Appeals ruled that parents were entitled to attorney fees if they prevail in a complaint.
While I still work with parents who have disputes with districts, I have begun taking a more pro-active approach. Through my involvement at eligibility, IEP, placement, and behavior manifestation meetings decisions are made using the process intended by Congress when they enacted the law. When the process is followed, and parents have someone to advocate for their child, parents are quite pleased with the process and less disputes arise.
Fee Schedule
Evaluation:
I provide a case evaluation in instances where there is a dispute and in instances where parents just want to make sure their child is getting, and has been getting, what the law requires. An evaluation includes the intake interview, a review of the student's records, and in some cases further interviews and legal research. At the conclusion of the evaluation I provide my opinion of the case and review options. Evaluations are billed at $175 per hour and capped at $500.
Consult:
In instances where parents need to have a process explained or need some specific information I provide consultation. Parents have used the consult service in many different ways: to understand the process; to prepare for meetings; to get assistance in writing letters to districts; to get basic questions answered; and to consult with me (as opposed to having me represent them at the actual proceeding) through any of the dispute resolutions options: complaints, due process hearings, and mediation. When I am asked to provide legal advice as opposed to information it is usually first necessary to interview the parent and review the child's IEP and most recent evaluations. Consults are billed at $175 per hour.
Meetings:
I attend eligibility meetings, IEP (and IFSP) meetings; placement meetings; and behavior manifestation meetings. Parent feedback on this service has been extremely positive with most parents commenting that they feel like a part of the decision making process for the first time. It is necessary for me to interview the parent and to review the child's current IEP (or IFSP) and recent evaluations in preparation for meetings. Meetings and preparationsfor meetings are billed at $175 per hour with travel billed at half rate.
Complaints:
Under the IDEA the Department of Education must investigate and resolve any allegation that a district or other public agency is violating the IDEA. This is a streamlined way of resolving disputes though parents do not have the right to have witnesses testify or the right to cross examine (or even hear) district witnesses. Complaints are billed at $175 per hour. Complaints average between $1,500 and $3,500 depending on the complexity of the issues. If a parent prevails they are entitled to have their attorney fees reimbursed.
Due Process Hearings:
Due process hearings are very formal and often have the appearance of a court trial. In some cases, especially residential placement cases, it is still the best mechanism to resolve disputes. Due process hearings are very labor intensive and easily can run into the $15,000 to $20,000 range. Due process hearings are billed at $175 per hour. For most families, I cap fees at $10,000. If a parent prevails they are entitled to have their attorney fees reimbursed.
Appeals:
Appeals of both complaints and due process hearings are billed at $175 per hour. Appeals average between $2,500 and $5,000 depending on the complexity of the case. If a parent prevails they are entitled to have their attorney fees reimbursed.
Mediation:
Mediation is often used once a complaint has been filed or once a due process hearing has been requested. Mediation often proves successful. My rate for mediation is $175 per hour. If a complaint or a hearing has been requested often parents can have their attorney fees reimbursed as part of the mediation agreement.