When we filed our due process hearing request about a year ago, I was quickly dismissed from my part-time employment by the State Department of Education. I was a parent representative on what was called a “Focus Monitoring Team”. We traveled throughout the state, going to school systems with underperforming special education departments to investigate what was going on and what could be changed. I had just finished my second year of doing this. But the clause in my contract was that I couldn’t be involved in any legal actions against any school system in the state.

The news was not a surprise to me, and even though the woman who informed me of my termination lamented at losing me, she wasn’t surprised either. We all could see it coming that someday I’d have to quit trying to work WITH the school district and actually fight them.

I sarcastically refer to this as “joining The Dark Side”. That, I’m sure, is the school’s perspective. I however, feel much more like a Jedi warrior (without Yoda or my light saber, of course!)

This article talks about Dana Jonson, a former special education teacher who got her law degree and has now joined “the Dark Side”, representing children and parents in due process cases. It is fascinating to me that her original plans upon entering law school were to represent school boards, but after her internship at a law firm that handled special education cases, she changed her mind. (The article doesn’t say why, but I bet it had more to do with going where she was needed vs. the money.)

The article gives many good statistics about due process and disputes with school systems. The attorney points out that this can be a very costly battle for parents:

Challenging a school district's decision can be expensive. Laviano, who has practiced special-education law for 20 years, estimated that waging such a battle at the agency level can cost between $30,000 and $50,000. Bringing cases to federal district court, however, isn't much more expensive because such appeals are not de novo and rely on extensive documentation submitted at the due process hearing. Cases that reach federal appeals court could cost between $60,000 to $100,000, Laviano said.

Our personal experience would bear this out.

Laviano said she's astounded that some school districts will spend $100,000 in legal fees to fight a student's placement in a $40,000-a-year program.

Agree! I have no clue what the district has spent on our case so far. But I would estimate it to be at least that much. What we personally have spent would cover at least two years’ tuition at the most expensive private placement I’ve looked at so far.

The point I wanted to make was how awesome it is that parents in Connecticut have access to an attorney like Jonson. Her background as a special education teacher is invaluable. We feel blessed to have our attorney here in Georgia, who has an education background AND is the mother of two sons with special needs. Her knowledge and passion can not be replicated!

What awesome warriors are on the Dark Side! GRIN!

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