Special Ed Disputes: Should We Settle or Fight?

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In This Issue ...

Circulation: 98,627
ISSN: 1538-320
May 12, 2015

Pete Wright presents a Wrightslaw Special Education Law & Advocacy Traning Conference

Wrightslaw Training
Knoxville, TN
June 17

settlement meeting
    "In drafting a settlement agreement, the devil is in the details." - Pete Wright

Settling a case avoids the delay, expense, uncertainty, and emotional strain associated with litigation. A settlement agreement offers more flexibility in crafting a remedy.

Yet few agreements are more complex than settlement agreements.

A well-crafted settlement agreement can be very effective in resolving disputes and allowing the parties to move forward. A poorly-crafted agreement can create new problems, and lead to even more litigation.

In this issue of the Special Ed Advocate learn about settlement agreements and get a sample agreement in Demystifying Settlement Agreements. Read about the tough questions in the Jarron Draper case ... and the outcome from Jarron's attorneys.

Please don't hesitate to forward this issue to friends, family members, or colleagues.

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gavel and court document

Demystifying Settlement Agreements

Learn how settlement agreements should be structured, and common pitfalls to avoid.

Read the provisions that two attorneys commonly consider in negotiating and preparing an agreement. Download Demystifying Settlement Agreements.

 

settlement agreement meeting

Preparing a Settlement Agreement

  • Settlement agreements are legally significant documents.
  • Once a claim is released, no further remedy is available.
  • Consultation with an experienced attorney before signing is advised.

Get a Sample Settlement Agreement that will explain the basis and importance of each clause.

 
Wrightslaw: Special Education Law, 2nd Edition

Special Education Law: IDEA 2004

Mediation & Written Agreements: Wrightslaw: Special Education Law, 2nd Edition, page 112 and 255.

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Jarron Draper

The Jarron Draper Case: Should We Settle or Fight?

Atlanta Public Schools misdiagnosed Jarron as mentally retarded, failed to identify his reading disability, and did not provide appropriate remedial instruction.

The modest settlement the school proposed did not provide for Jarron to graduate from high school with a diploma.

Should the family settle or continue to fight?

 

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