Support House Bill 487

Call your state representatives and tell them you support House Bill 487, also called the Special Education Attorney's Fees Bill.  You can find your representative here.

Summary of the Attorney's Fees Bill
(Summarized by the Massachusetts Advocates for Children)

This bill is critical to save money for school districts and families and level the playing field by encouraging prompt and fair settlement agreements, and ensuring that all families, regardless of income, have an opportunity to exercise essential due process rights

As a result of a Rehnquist Supreme Court decision in 2001, parents are no longer entitled to attorney s fees if the parties negotiate a settlement agreement. Prior to this Supreme Court decision, parents who filed appeals were entitled to fees if they prevailed in a case that was fully adjudicated by a hearing officer or if the parent prevailed through a settlement that was negotiated as a result of litigation.H.487 will reinstate parents' rights to fees as previously available prior to the 2001 Rehnquist decision. 

The impact of the Rehnquist decision is to discourage settlements, with lengthy delays in resolution of cases, resulting both in harm to children who remain without services for the lengthy duration of the legal process and in needless litigation expense.

Delays do not impact all children equally.  Under federal special education law, families with the means can place a child in a private school pending a hearing and seek retroactive reimbursement, while low and middle income families cannot afford this opportunity.

The sooner children receive appropriate special education services, the more likely they will be to make adequate progress and achieve state standards as measured by MCAS.

In 2005, the US Supreme Court ruled that the party seeking to change a placement the parents in the vast majority of cases carry the burden of proof in special education cases, creating even greater obstacles for parents. As emphasized by the dissent, districts have greater access to information, expertise, and resources.  

We now have a two tier system:

1. Families with means can enforce their special rights
2. Middle and low-income families are left behind

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