"The first thing we do, let's kill all the lawyers."
> Shakespeare, Henry IV,
> ii, 86.
>
> Dear Parents:
>
> A group of Senators intend to introduce an amendment
> to S. 1248 (IDEA
> Reauthorization) limiting the ability of parents to
> recover attorneys' fees
> in IDEA disputes.  This will be a sneak attack; the
> Senators are not telling
> anyone what the amendment will say or who will offer
> it, but it will be
> proposed on the Senate floor in mid-September.  The
> reason for proceeding in
> this way is to eliminate any opportunity for parents
> and child advocates to
> express their views on the issue.  The House of
> Representatives has already
> passed a Bill (H.R. 1350) that includes a provision
> limiting attorneys'
> fees, but it cannot become law unless this Senate
> amendment is approved.
>
> The rationale for the amendment is simple: by
> discouraging lawyers from
> taking these cases, parents will have limited access
> to attorneys, and the
> number of requests for due process hearings will be
> reduced substantially,
> thus saving the school districts money.  Apparently,
> these Senators are not
> concerned that this will also mean that many
> children will be deprived of
> their right to obtain the free appropriate public
> education to which they
> are entitled under the IDEA.
>
> Moreover, the statistics in California for the
> 2002-2003 school year do not
> support Congress' underlying premise.
>
> *      Attorneys were responsible for less than 40%
> of all requests for due
> process hearings.
>
> *      With respect to due process decisions
> rendered, parents won all or
> part of those cases approximately 72% of the time
> when represented by an
> attorney.
>
> *      When parents represented themselves, they
> lost 75% of the time.
>
> *      School districts where represented by an
> attorney in approximately
> 80% of the cases decided.
>
> *      In cases where school districts were
> represented by an attorney, they
> lost all or part of the cases approximately 58% of
> the time.
>
> Under current law, parents only recover attorneys'
> fees if they prevail in
> due process and if they receive greater relief than
> they were previously
> offered by the school district.  A federal judge
> determines whether the fees
> incurred were appropriate based on the rates
> normally charged by attorneys
> doing this type of work, and that judge's
> determination of whether the time
> spent was reasonable.  Unlike other civil rights
> cases, there is no
> additional award for very difficult lawsuits or
> extraordinary results.  And,
> there is no reimbursement unless the parent obtains
> real and meaningful
> relief in the due process proceeding.  In contrast,
> your tax dollars pay the
> legal fees of the lawyers hired by the school
> district to fight you, whether
> the school district wins or loses.
>
> The real culprits for increasing special education
> legal fees are school
> districts who fight parents tooth and nail, even
> though the children are
> rightfully entitled to the services requested by
> their parents.  Because
> these school districts have the financial resources
> to litigate far beyond
> the ability of any individual family, they drag-out
> these cases hoping that
> parents will become frustrated and simply give up.
>
> It is still possible to do something about this
> terrible proposal.  This
> legislation is sure to pass unless we act promptly.
> Please stop what you
> are doing and communicate with your Senators today.
> Send an e-mail or fax
> informing them that if they vote in favor of the
> attorneys' fees limitation,
> not only will you not vote for them, you will work
> to defeat their
> re-election.  Tell them of your personal struggle to
> obtain special
> education and related services for your child.
> Identify your school
> district and state.  Tell them whether your child
> received more special
> education and related services after you hired a
> lawyer.  Tell them if your
> school district took your requests for special
> education and related
> services more seriously after you hired a lawyer.
> Please send copies of
> your e-mails and faxes to all of the members of the
> HELP Committee.
>
> If it is not possible for you to compose your own
> letter, simply forward
> this letter to your Senators and the HELP Committee
> with a message
> identifying your school district and state and
> stating that you agree with
> the views expressed in this letter.
>
> For a list of the phone, fax and/or e-mail address
> of every U.S. Senator,
> please go to the following website:
> http://www.senate.gov/.  [Oftentimes,
> you can only e-mail your Senator by going to his/her
> website (by clicking on
> the Senator's name) and then by clicking on the
> "Contact Me" or "Contact US"
> link.]
>
>
>
> For a list of the phone, fax and/or e-mail address
> of all members of the
> HELP Committee, please click the following link:
> http://www.senate.gov/~labor/.  [At the top of the
> page, click on "Members,"
> then click on the website for each member, then
> click on the e-mail link for
> each Senator.]
>
> On behalf of all special education children, thank
> you.
>
> Sincerely,
>
> Wyner & Tiffany
>
> Attorneys at Law
>
>
>
> SW:dw
>
> IDEA Reauth\Ltr-Parents 082903