On Tuesday, February 14, 2012, the Board of Education is going to vote to extend the contracts it currently has with special education outside counsel. The responses to the RFPs, or the RFP extensions, are not included in the packet available online. Do you think the current Board of Education members have taken the time to read through the proposals?
For example, in a document from 1999, one of the attorneys submitted a response, which was accepted, that contained the following provisions:
a. If MCPS retains Mr. Krew for 100 days of hearing or more, the daily billing rate would be $5,850 per hearing day.That contract was renewed for several years. Do you suppose the terms and conditions being voted upon on Tuesday are the same? Is the daily rate the same? The public can't know, because the proposals aren't included in the BOE packet. Once again, the public will have to file a Public Information Act request to see exactly what the Board of Education has committed itself to financially in terms of special education dispute resolution. For the first five months of this year, the Board of Education has already spent $191,000 on special education litigation (an increase of 30% over last year's YTD amount). Staff is representing these contracts will only cost $400,000. How can they possibly predict that?
b. If MCPS retains Mr. Krew for up to 50 days of hearing, the daily billing rate would be $6,500 per hearing day.
c. In between 50 and 100 days of hearing, the daily billing rate will be on a sliding scale as follows: 51-60 days: $6,400. 61-75 days: $6,200. 76-99 days: $6,000.
d. Mr. Krew will bill at the $5,850 rate. At the end of the fiscal year, MCPS will make a payment for the difference owed based on the number of hearing days.
e. If a case is withdrawn or settled before the first day of hearing, a half day of hearing will be charged.
(...)
These flat rates will apply regardless of the actual time spent in the hearing with no additional charges for the time necessary to prepare for or travel to the hearing. All motions practice and attendance at DRC committee meeting and IEP meetings will be included within that rate.
Obviously the current Board of Education doesn't care how much money they spend to fight families of disabled children, their claims to be concerned about special education notwithstanding.
1033.2 Legal Services for Special Education and Related Services—Extension Awardees (See note on page 8)
Carney, Kelehan, Bresler, Bennett & Scherr, LLP
Jeffrey A. Krew
Nussbaum Law, LLC
Total $400,000
Meanwhile the students over at Edison High School are being kept out of class if they don't fork over $47.
ReplyDeletehttp://parentscoalitionmc.blogspot.com/2012/02/board-starr-to-students-no-cash-no.html
To this Board of Education and Superintendent, outside legal counsel is more important than providing a free public education to students.
Anonymous:
DeleteThe 2012 private legal bill is increasing as the firm drags out the days used for Due Process Hearings. With the increase in adversarial battles, families of disabled children are being financially forced to accept deception and intended effort to keep the corrupted process secret.