SPECIAL EDUCATION FEES FOR CASES IN THE DISTRICT OF COLUMBIA– CONTINGENCY AND HYBRID FEE ARRANGEMENTS
Depending on the facts of your particular situation, and whether the matter is pursued through IDEA litigation, the firm may agree to handle your special education case in the District of Columbia on a full or partial contingency basis such that all or part of the attorneys’ fees are sought from the school system. The matter may be appropriate for a hybrid fee arrangement where the parent pays a portion of fees up front to facilitate the litigation and the remainder of the fees are sought under the fee-shifting provisions of the IDEA.
Not all fees are reimbursable under the IDEA. Fees are reimbursable only when the parent is a prevailing party in IDEA litigation. Being a prevailing party means that you win at least part of your claims and there must be a change in status between the parties. This issue may be litigated by the school system, meaning that if you win only part of your claims you have brought against the school systems, the school system may refuse payment of the fees and force you to litigate whether you are the prevailing party.
Costs associated with IDEA litigation are the responsibility of the parent. Some of them may be reimbursable, but some are not.
You should contact the Roth Law Firm for an in-person consult to discuss your situation and to determine if your case would be handled on a contingency basis.*
The Roth Law Firm can assist you to ensure that DCPS is providing all of the services to which your child is entitled. Contact The Roth Law Firm for an in-person consult to assist you to determine appropriate next steps.
*The decision to handle a matter on a contingency basis is solely that of the law firm.