Parents Win "Due Process" Suits Against CPS

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Thanks to a D299 tipster for noting three similar "due process" complaints paid out by the Board and noted in the last board report -- here, here, and here (PDFs). The amounts aren't giant, but apparently it's an unusual type of claim to file, and the cases might be a sign of some sort of increased resistance from CPS providing SPED services I'm told.

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  • I know the law firm that is recieving at least some of these fees and I am familar with one of the cases related to the fees. I think CPS should have settled at least the one case before going to hearing because it was a loser for the school district. I do not think CPS also should have challenged the fee petition from the lawyers for the student, that too was a loser.

    I know that when I talk with parents who want to go to due process against CPS for special education services even before I give them a legal referral I give them my best guess estimate of their possiblity of winning and an idea of the costs if they lose. Sometimes these discussions take hours and require me to read numerous IEPs, other time the issues are so clear cut I can tell families my idea of their chances relatively fast.

    I have never seen a referral to an attorney I have made for a CPS family lose where I have advised them that they had a 75% chance of winning the case in due process. I have seen CPS take these cases to hearing many times and I honestly do not know why. I have also told families not to file for due process because I thought CPS would very likely win based on the existing case law for a particular issue. Most of the lawyers I deal with will not take a case if they think it is a loser just so the parent can prove a point and lose. Unfortunately their are lawyers out there who are not so ethical and will take these loser cases to hearing against CPS. I will not deal with them.

    Rod Estvan

  • But CPS has lawyers they need to allow go to court occassionally to keep them happy. SPED is a tough area, some parents don't want to see it until it is too late for good intervention. Some teachers want to send every disruptive child to full day SPED despite their being academically at par or ahead. And some schools have so many kids they ought to be reclassified but we don't do that any more.

  • But CPS has lawyers they need to allow go to court occassionally to keep them happy. SPED is a tough area, some parents don't want to see it until it is too late for good intervention. Some teachers want to send every disruptive child to full day SPED despite their being academically at par or ahead. And some schools have so many kids they ought to be reclassified but we don't do that any more.

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