Hearing Expenditures and Attorney Fees
When you go to hearing there will be certain expenses incurred.
It is important to know who is responsible for each of these expenses.
Expenses:
- School (School Unit Expenses) - The school
will be responsible for any school personnel, including special
education staff or related service providers they request to
attend. The school is also responsible for attorney's fees incurred
on the school's behalf.
- Parent(s) - (Private Expenses) The parents
will be responsible for any persons requested to attend who
are not requested by the school, and any attorney's fees incurred
on your behalf.
- State/Maine Department of Education (MDOE) - (Public
Expenses) The state will be responsible for the impartial
hearing officer, through contracted services, and all costs
involved, i.e.: use of court rooms, court reporter.
If a hearing officer finds in favor of the parent(s), the school
may then be ordered by the court to pay reasonable attorneys fees
incurred by the parent(s) during the hearing process. The school
must also pay for the parent(s) incurred attorney fees when there
is an out-of-court settlement. Payment is based on the terms of
the negotiated settlement.
A school cannot be made to pay for any parental
attorney fees incurred:
- As the result of a Pupil Evaluation Team (PET) meeting (unless
the PET meeting was ordered by the court process or the hearing
officer);
- In a Mediation; or
- If the attorney fees exceed reasonable rates.
"A. School
unit expenses - Personnel expenses incurred by an
administrative unit in the conduct of a hearing shall
be considered allowable special education costs. All
expenditures (such as fees, honoraria, and per diem
expenses) by an administrative unit to personnel involved
in a hearing shall be supported by contractual agreements
between these personnel and the administrative unit.
Attorneys fees and expenses for qualified special
education or related services providers may be claimed
as special education costs.
B. Private expenses of hearing - Reasonable attorney
fees incurred by a parent related to a special education
hearing shall be the responsibility of the administrative
unit when the parent prevails in the special education
hearing and when ordered by the court of appropriate
jurisdiction, or when an out-of-court settlement has
been agreed to by both parties. Attorney fees shall
be considered an allowable special education expenses.
C. Public expenses of hearing - Impartial hearing
officer expenses for due process hearings will be
paid directly by the Department." (MSER, Chapter
101, Section 13.16, p. 89-90) |
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