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Judge to School District, “No Legal Fees for You!”

June 12, 2012 in Special Education Advisor Blog by Doug Goldberg

Almost six years ago the parents of a child with autism sat in an Individualized Education Program (IEP) meeting and disagreed with the Schools offer of FAPE (Free Appropriate Public Education). The parents’ felt their child, Chuka Chibougwu, was not being provided an appropriate education and exercised their rights under the Individuals with Disabilities Education Act (IDEA) to disagree with the School District’s offer and request a due process hearing. This caused the School District to put a bulls-eye on the backs of Mr. & Mrs. Chibougu and try their best to bankrupt this family. The School District that was trying to financially ruin this family was the Alief Independent School District in Texas and the story that played out was nothing short of amazing. Read the rest of this entry →

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An IEP Lawsuit Filed by Parents out of Anger is Not Improper

April 25, 2011 in Special Education Advisor Blog by Doug Goldberg

A family who sued the Prescott Unified School District unsuccessfully under the Individual’s with Disabilities Education Act (IDEA) will not have to reimburse the District for $130,000 in legal fees.  The 9th Circuit Court of Appeals overturned the District Court’s ruling that the lawsuit was filed for an improper purpose and thus the Parent’s owed the District reimbursement of their legal expenses.  The case, which is R.P. versus Prescott Unified School District, if not overturned, would have had serious negative effects on future IDEA lawsuits.  What I found most fascinating about this was one of the reasons for the reversal which stated:  Read the rest of this entry →

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