Services Provided

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 8 out of 11 cases in which families received district funding for residential placements of their children. In one of the cases, though losing at hearing, the family appealed and reached settlement securing substantial reimbursement.

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 $20,000 and $30,000 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.

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 preparations for 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

Due Process Hearings:
Due process hearings are very labor intensive and easily can run into the $20,000 to $30,000 range. Due process hearings are billed at $175 per hour. For most families, I cap fees at $20,000. If a parent prevails they may 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.