A student with ADHD began receiving special education services in kindergarten. When she was in the 3rd grade, an IEP team meeting was convened to discuss the student’s services. The IEP team recommended that the additional math support she was receiving be removed from her IEP. Her mother disagreed with these services being removed from the student’s IEP. The IEP team held a meeting and decided to provide the additional math support on an interim basis and reconvene within six weeks to discuss her progress. Before the subsequent meeting could be held, the student’s mother filed for due process. During the hearing process, the student’s mother continued to ask for an IEP meeting but those requests went unanswered by the school district.
The student partially won the due process hearing and sought attorney’s fees. As a prevailing party, the student was entitled to attorney’s fees. The school district, however, offered the student a settlement that was more favorable than what she was awarded during the hearing. Under the law, this would normally reduce her award of attorney’s fees. But because the school district refused to convene an IEP meeting at the parent’s request, the court found that the parent’s were justified in rejecting the school district’s settlement offer. The student’s parent was thus awarded $16,960.00 in attorney’s fees. The case is Brianna O. v. Board of Education of the City of Chicago, 111 LRP 32994 (N.D.Ill. 2011).
This case raises two important points. First, it demonstrates that a school district should always offer a reasonable settlement to the plaintiff in an effort to foreclose the plaintiff’s attorney’s fees. If the school district in this case had acted more reasonably, the plaintiff would not have been entitled to attorney’s fees. Secondly, this case also demonstrates the importance of continuing to act cooperatively with a parent even after they file for a due process hearing. Failure to do so can cost the district in legal fees and could also lead to claims of discrimination.
If you are interested in learning more, or if you have any questions and would like to discuss these developments further, please contact any of Brock Clay’s special education attorneys.
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