Special education attorney’s fees: of Buckhannon, the IDEA reauthorization bills, and the IDEA as civil rights statute.

Pt. IV, “Empirical Research on IDEA Disputes.”  Focuses on costs and attorney’s fees, but also includes information on prevalence and dynamic of the disputes.  First data mentioned is from 1989 report by GAO.  Between 1984 and 1988, more disputes appeared to be resolved informally, as numbers of hearing requests increased but hearing decisions remained fairly steady.  In 43% of d.p. hearings and litigation parents were reported to be successful at least in part.  Chance of success increased when parents were represented by attorneys.  Article also reports data from 2003 report by CSEF, also focusing on costs.  Schools were surveyed and reported spending $146.5 million on sped. mediation, d.p. hearings, and litigation during 1999-2000.  Avg. costs for mediation and d.p. cases were $8000-$12,000 per case, compared with $95,000 for litigation per case.  Estimated data on frequency of cases and types of resolution: 6,360 complaints, 4,266 mediations, 6,763 d.p. hearings, 301 new lawsuits, 293 ongoing lawsuits, during 1998-99.  Article then reports data from 2002 NASDSE study, survey of all state special ed. directors.  Reports number of hearings requested and number held for 1998, 1999, and 2000.  Requests were found increasingly likely to be resolved without formal hearing—only 27% resolved through hearing in 2000. Author also includes results of parent survey.  Parents reported feeling inarticulate, intimidated, outnumbered during IEP meetings and d.p. hearings.