As part of the continuing story of educating Teddy, I am sharing with you the paperwork involved in a due process special education lawsuit. We filed the suit to get our son, who has Aspergers and was in 3rd grade, out of a self-contained emotionally conflicted classroom. You can read the actual suit here. The following two letters are communications regarding some of the basic details of the process such as our attorney’s representation agreement and a request for notification of placement options for Teddy.
Correspondence sent to us from our attorney Suzanne
February 24, 2000
Re: Teddy v. County Board of Education
Dear Neal and Charlotte,
This letter is written to confirm our authorization to file for a due process hearing on behalf of your child Teddy. Our firm will undertake to represent you in this matter based upon the following terms. We are accepting this case on a contingent fee basis except as set forth hereinafter. Our fees for representing parents are $185.00 per hour. In the event you are the prevailing party either through a decision by a hearing officer or by settlement, we will be entitled to be paid our fee. Under the Individuals with Disabilities Education Act, the parents are entitled to recover attorneys fees from the local board of education in the event that they are the prevailing party. If necessary, this firm will represent you in Court to recover those fees from the local Board.
As to expenses such as expert witness fees, you agree to pay those fees as may become due. These fees would include any amount charged by doctors, psychologists, psychometrists or other experts who may be needed to testify at a due process hearing.
You must understand that your full cooperation and assistance will be required throughout this case. In the event the firm believes that this cooperation is not forthcoming you hereby specifically agree to withdraw from the case upon written notification to you. In the event we withdraw for no-cooperation after written notification and a failure on your part to cure the problems outlined in that notice, the fees will be due and owing from you.
If you understand and agree to these terms for your representation, please sign this letter on the line below.
* * *
From our attorney to the school system’s attorney
February 25, 2000
Re: Teddy v. County Board of Education
Dear Melanie,
I have filed today the attached request for due process on behalf of the parents of Teddy. I am faxing you a copy because there are some immediate issues that need to be addressed on an emergency basis and I am hopeful you will be able to address them now.
I am sure Katherine (school system’s autism specialist) will be able to give you the full background on this student so I won’t review it at this time. However, this student, who is autistic, was inappropriately placed in an Emotionally Conflicted class and the parties agreed on or about February 10 that he should be removed. Since that time the school has failed to offer an alternative placement and the parents have the child at home awaiting an offer of placement. The parents are missing work in order to take care of the student while they await a placement.
Please contact Katherine immediately and advise what services are available for the student at this time.
Very Truly yours,
Suzanne
Next: Ad Nauseam and how it applies to Teddy AND his teachers.
Oh Charlotte,
I wish I could read this and laugh with the knowledge that though this is all horribly familiar (except for those lawyer’s fees, which are MUCH higher) it is all now behind us. Sadly, it isn’t. Each year we are sent an “appropriate” placement for our daughter from the DOE. Each year we take a tour of that “appropriate” placement, while keeping our fingers crossed that it really will be “appropriate.” Each year we must take time off of work to go before the hearing officer to argue why it is NOT “appropriate” for our daughter. Each year….
Hi Ariane,
Let me preface my first of many question to you with the following statement… I know this is an incredibly optimistic question and actually I am not being sarcastic… 1. Does the DOE really think, deep down, their choice of “appropriate” placement is really the most appropriate? – End of optimistic question – 2. Or are they selecting what they think is the easiest path, the program that fits THEIR needs. Meaning the program they have staffed, they have in place, and will cause them the least amount of administrative hassle? 3. Do they truly not comprehend Emma’s needs in even the slightest way??? 4. Don’t they know you by now??? Good grief! Every year, I mean really. 5. Why does this happen? Why do people not get it? 6. Do you have a large staffing turnover, like every year you deal with new administrators so they have no institutional memory or are they playing a game of attrition, hoping you will get tired and give up? I truly am curious. Once we sued and settled the school system treated us with kid gloves for the next 9 years. This obviously has not been your experience. 7. Is Emma happy in this year’s placement? 8. How many schools has she gone to? Okay, I am going to go back and number all my questions so that hopefully you will answer each one because inquiring minds want to know. Remember, no good deed goes unpunished.
Charlotte
p.s. I am reading the link from your post yesterday to Wrong Planet on Intense World Theory. I am on point 8 of 10. Getting there, took a break to plant some flowers. In other words, let points 1-7 absorb.