Re: Idea -Attorney Cap fees

January 1, 1970

I just wanted to put my 2 cents in about the issue in question with regards

to legal fees for special ed violations.

My son received no services from our district since he turned three. Prior

to that, he was in early intervention and we were told that once he turns

three and our district takes over his services everything would be terrific.

Well, we tried to fight the system, but ultimately it came down to taking

legal action... in other words, getting a lawyer to fight on our behalf. We

consulted with a law firm that specializes in special education cases and

were told they needed a $5,000 retainer and then $250 and hour and that

there was not guarantee that they could win the case or that the case would

not be in litigation for years. We simply do not have the money for this.

So, my son continues to lose out.

I know that the school districts in working class towns(like the one we live

in) are well aware that their constituents cannot afford legal fees and they

push you to the point where that is your only alternative. So, they always

have the upper hand. They have access to unlimited funds for lawyers

(ironically, our tax dollars). Meanwhile, my child and others like him are

receiving limited or no services and in our case, we were forced to send

Gordon to a private school where he can receive a lot of individual

attention in a small class (9 kids) rather than have him fall through he

cracks in a mediocre public school. WE STILL PAY OUR TAXES and yet, are not

entitled to receive services! And, those tax dollars can be used to pay for

lawyer fees rather than provide services for our son.

I have also been reading that under the new IDEA, there would be a ONE YEAR

statute of limitations on school district violations!!! Why should the

statute of limitations be any less for school violations than any other

criminal proceeding?

Correct me if I am mistaken, but it also would do away with litigation and

only allow mediation in cases of school vs. parents. Why shouldn't parents

be permitted to seek legal action against a school district if the

infringement warrants this???

Who's side are these laws on anyway???

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