Mary Broadhurst

What Services Does Mary Provide?

There are many ways that I assist families of children with disabilities in their struggles to have their child receive an education which 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. 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 $25,000 and $40,000 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.

IEP Checkup: Congress included many procedural requirements for what must be included in IEP’s. I have reviewed a great many IEP’s over the 20 years I have been practicing special education law. On a regular basis, I see how IEP’s can be improved to meet the requirements of the law. Students with good IEP’s typically make more progress as their needs are more adequately met. For a flat fee of $500, I will review your child’s current IEP, the last IEP, progress reports, eligibility reports, and evaluations. I will inform you of any faults in the IEP and, if you desire, I will write a cordial letter to your School District requesting that the inadequacies be corrected.

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 $200 per hour and capped at $500. Due to the complexity involved in residential cases the evaluation fee for residential cases is capped at $700.

Consultation: 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 $200 per hour.

Meetings: I attend eligibility meetings, IEP (and IFSP) meetings; placement meetings; behavior manifestation meetings, and expulsion hearings . 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 $200 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 $200 per hour. Complaints average between $1,500 and $3,500 depending on the complexity of the issues.

Due Process Hearings: Over the years I have developed a specialty area of legal representation in residential cases. Under the Individuals with Disabilities Education Act, educational needs are construed broadly by case law to include "academic, social, health, emotional, communicative, physical and vocational needs.” Residential cases arise when a student requires a residential placement in order to meaningfully benefit from their education. Cases also arise where parents have placed their child in a residential placement because what a district has offered is inadequate and there are no specialized private day programs available. I have refined my ability to recognize fact patterns which support a winning case. At hearing, between 2000 and 2009, my clients have prevailed in 72% of cases. Additionally, I have obtained good financial settlements in a number of residential cases. If you are considering placing your child in a residential setting, please consult with me prior to placement as you will want some guidance in writing the notice letter to the District, which will preserve your claim for residential reimbursement. Without adequate notice to the District, an administrative law judge may reduce or even deny reimbursement.

Due process hearings are very labor intensive and easily can run into the $25,000 to $40,000 range. Due process hearings are billed at $200 per hour. For most families, depending on ability to pay, 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 $200 per hour, travel billed at half rate. If a complaint or a hearing has been requested often parents can have their attorney fees reimbursed as part of the mediation agreement.

Coaching: Over the years I have recognized the fulfillment I feel from her interactions with young people who are discovering their passions and are beginning to take control of their lives. Broadening the services I provide, in August of 2010, I will begin coaching high school and college students, as well as young adults transitioning from school to adult life.

Coaching is an interactive, results-oriented process which empowers individuals to maximize their personal and professional potential. Coaches, through a process of inquiry and deep listening, assist people discover their natural creativity and resourcefulness to find new ways to improve their performance and enhance the quality of their lives.

I recently received life coach training and ADHD coach training. I am a certified professional coach working toward my International Coaching Federation credential. I look forward to working directly with students and young adults as they enter the exciting and challenging period of choice and change as they begin to assume responsibility for their life.

For more information about my coaching services visit my website. [www.FullMoonCoaching.com].

P.O. Box 11377 Eugene, Oregon 97440
Phone: (541) 683-8530 Email: AttyMaryBroadhurst@msn.com
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