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Greg_Groogan's Blog

by Greg_Groogan from Houston

Last Post 2 days, 14 hours Ago


It happens everyday in Texas. Legal hardball aimed squarely at the parents of special needs kids. These are Moms and Dads just trying to stop their children from being shortchanged by school districts who claim to be too financially hard pressed to deliver the specialized instruction and services these children need. 

Instead many of these professed educators confer with attorneys, draw a legal line in the sand and begin waging a battle of attrition against parents who push too hard. The bitter  irony is that families brave enough to  engage in these regulatory and legal marathons are fought by lawyers paid with the parents OWN tax dollars.

How bad does it get ? Dripping Springs I.S.D. rejected an offer to settle with the parents of Lathom Yeaman. They asked for $25,000 - enough money to pay a private school to do the job the public school refused to do. The school district said no - and proceeded to spend $400,000 on attorneys fees to stifle the Yeaman's efforts to get their son the "free and appropriate" education he's entitled to by law.

Does that seem fair ? Does that sound like good stewardship of public dollars ? Does that, at it's core, do right by a boy challenged with autism, attention deficit and dyslexia ?

Karen Yeaman says "it's about power and money and the law firms that control and run the school districts."

 

 

 

 

 

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Member Comments Total Comments: 36
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ermurrow read my blog
May 4, 2007 | 5:40 PM

For all of the conservatives out there decrying government waste of the taxpayers money, this is a classic case. Routinely, school districts outsource their legal services for special ed. School districts are frequently advised by their counsel that "We can win this case. If you don't fight it, you will be establishing a precedent that will cause a flood of similar claims from other dissatisfied parents." While district counsel may be correct regarding their chances in due process, rarely is there a serious discussion of the cost of the legal defense to the district. As a taxing entity they have the funds to outspend the majority of parents in a protracted legal proceeding. I am aware of a case regarding 4 families that filed for due process for services for their children that amounted to a total of approximately $8000. The school district spent a total of $42,900 in fighting the parents until they ultimately settled. What counsel rarely informs clients is that you can agree to settle a case and then require a confidentiality clause as part of the agreement, thereby removing the flood of claims arguement. Law firms specializing in school district defense such as Bracewell and Giulliani, Feldman and Rogers and Walsh Anderson understand the lucrative nature of this type of practice and earn millions of dollars for their respective firms at the expense of children with disabilities. Perhaps the taxpayers should weigh in on this arguement and demand accountability to limit the dining at the public trough by these law firms.

randywallace read my blog view my photos
May 4, 2007 | 6:13 PM

hey Greg hope you keep exposing these "special needs kids" unjustices...something really needs to be done about this

teamj read my blog view my photos
May 4, 2007 | 6:41 PM

Why are law firms being blamed for a school’s decision on whether or not to purse a legal matter? Aren’t the decision makers made up of administrators and the school board? I can understand that it’s easy to blame lawyers for what is done but I think that once the school district provides a lawyer with the facts of the particular situation, that lawyer provide legal advice and proceeds as directed by their client, the school district. I could be wrong but I think that if we (tax payers) want to see changes made, we should pay more attention to who is elected and in making sure that we have someone who is willing stand up for issues like this one.

teamj read my blog view my photos
May 4, 2007 | 6:43 PM

Let me add that I think it’s horrible that special needs children are treated this way.

cc76
May 4, 2007 | 7:55 PM

It's mind-boggling to me that parents who advocate for their special needs children are perceived as part of some "evil axis". Unfortunately this perception is not limited to school districts but is prevelant in the medical and insurance communities as well. As a parent of an autistic 13 y.o. in the Clear Creek ISD this is but one battle of many in a war to get the best for my son. Afterall how on earth could I call myself a parent or let alone sleep at night if I didn't advocate for him? Here I have an inteligent, high functioning, caring and sensitive boy who is slipping through the cracks because someone somewhere just doesn't get it! How can anyone expect a teacher, doctor or insurance rep to be able to teach, treat or meet the needs of my autistic child when they know absolutely nothing about the disability? Understand that I have met some very compassionate indiduals in CCISD who were willing to listen to my ideas and goals for my son but without the necessary resources frustrastion soon set in and so they went. It didn't take me long to realize that all they want is to push these children "up and out" so that the state can take care of them instead of teaching them to become productive members of society or better yet home school them so they won't have to deal with them at all. Who are these people to look down upon me for wanting the best for a son that has no understanding of what a "raw deal" is? I didn't ask for an autistic child and I can speak for my son and tell you that he wishes he wasn't autistic either but the fix is simple... take the money you're was

Truth-seeker
May 4, 2007 | 8:04 PM

This is nothing new, lawyers routinely get rich by stepping on the backs of others.
The money they make on frivolous lawsuits usually come out of the pockets of common man one way or the other.

cc76
May 4, 2007 | 8:05 PM

(continued from 7:55 PM post)...take the money you're wasting on lawyers and invest it in your teachers! If CCISD can assemble the "Best and the Brightest" for their sports, wave and magnet programs then why not for the special education programs? If this is unrealistic, because it is ALL about the money, then let us choose an institution where they understand and can teach to our child's disability

ermurrow read my blog
May 4, 2007 | 9:36 PM

Teamj pointed out that it is the client that is responsible for not raining in counsel. The problem is that the the district staff are not concerned about the legal expense for defense as it is not their own money. The school board of trustees are largely kept in the dark about specific cases and the accompanying legal expenses. It is the scenario that I pointed out in my previous post. You have to understand that the relationship with special ed directors and their attorneys is too close for comfort.
Greg's story is pulling the curtain from behind the wizard (of OZ) and exposing this troubling problem. Great job, Greg!

JustMom
May 4, 2007 | 10:23 PM

I applaud your efforts in trying to the appropriate services for your child with his school and school district. It is a shame that they don't use the federal funding for this type of support and services for a child with a real need. We found the same issues with our son's school when we moved to Texas a couple of years ago. They slowly took all his supports out of place and we kept having ARD meetings. Finally the district special education director told us he was very aware of all the advocating I had been doing and knew every time I entered his school to address anything. They would call him and give him a report when I talked to any of the staff. I found this outrageous. I was nice and polite. I did not argue with anyone. I never raised my voice. I was very focused on our son’s issues and wanted some simple supports to help them teach him in the style he learns. Well they told me over and over again this is how they do things. Yes it is “how they do things” and probably a very good reason why he was regressing rather then progressing.
I decided I would not file a complaint. Our family’s time is just as valuable as theirs, so I decided to invest it wisely and I now home school both our son and our daughter.
When he left school he tested at a 4th grade level with their state alternative testing. Now he has been tested with a private Christian home school organization and his test scores are in the 7th grade range. He has Christian based curriculum and he loves it. He gets the entire one on one education he needs and he is excelling, and most importantly he is learning

walkingmommy read my blog view my photos
May 5, 2007 | 7:05 AM

As a teacher, the whole system needs another overhaul...in my classroom I do focus on meeting the individual needs of each learneing, whether prescribed by learning disability or not...but this is not going to be the case for all. I believe this family is just one in a million who are dealing with a very common problem. What needs to also be remembered, is that school is a business...and not just a business for educating. It is a politically enduced arena and they, the districts, are not going to do anymore than they have to for any child. It is going to take a fight for rights....many fights for rights of the child(ren) for this to change. This family realizes this issue...I applaud their endurance and admire their tenacity.

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Greg_Groogan

For as long as I can remember, all I've cared about is telling stories about Texans and what matters to them. These days that's pretty much all I do, so I guess I'm livin' the dream. Toss in 2 toddlers and a wife and my life is full to the brim. I'm greedy, I know there are great untold stories out there and I want them all. Help me do it.

Member Since: 3/20/2007