Advocacy School

Unit 8 - Litigation, Due Process and Attorney Fees

If you have not viewed and agreed to our Course Dislcaimer please do so now.
Then please print the Printable Handout and have it available as you view the Video using the two links below.
Unit 8 Printable Handout	Unit 8 Video (1 Hour 32 Minutes)
The lecture will refer to or be embellished by the Supplemental Material located below.

Compliance Complaints
- CDE Brochure on Compliance Complaints
- CDE Compliance Complaint Form
- CDE Compliance Complaint Helpful Hints
- 1/25/2000 NCD Report "Back to School on Civil Rights" a two decade 387 page study showing essential non compliance with IDEA in all 50 states.
- Wrighteslaw Discussion of this Report
- U.S. Department of Education, Office of Civil Rights complaint process.
Due Process Hearings
Attorney Fees
- Lucht v. Molalla River School District, 57 F.Supp. 2d 1060 (D. Ore. 1999) Attorney Fees for Prevailing in Compliance Complaint.
- J.L. et.al. v Mercer Island SD, Fee Motion Good Attorney Fee Motion with fee case citations.
- Buckhannon Board and Care Home v. West Virginia Department of Health and Human Resources the "Catalyst" theory that paid attorney fees for settlements was rejected.
- Attorney Fees Awarded to Schools under IDEA 2004 - Frivilous Actions