Special Ed Disputes: Settlement Agreements

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In This Issue ...

ISSN: 1538-320
March 5, 2019

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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 conflict, and other obstacles to effective advocacy. Demystify a settlement agreement by learning how to structure the agreement and what to avoid. Get a sample.

We hope you will forward this issue to other friends, families, or colleagues.

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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 the article.


Preparing a Settlement Agreement: Get a Sample 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.

This Sample Settlement Agreement will explain the basis and importance of each clause.

Wrightslaw: Special Education Law


Special Education Law: IDEA 2004

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

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Negotiate, Litigate, or Mediate?

"Are you surprised and distraught when you go to an IEP meeting and you have a disagreement, dispute or conflict with a person on the other side of the table?"

Conflict between parents and school officials is normal and predictable. We encourage parents and school officials to use negotiation and mediation to resolve disputes.

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