On Feb. 5, 2024, the Collinsville Independent School District received word from the state of Texas that it had provided a Free and Appropriate Public Education (FAPE) to a student whose family had filed a due process hearing against the district.
As obtained on the Texas Education Agency Special Education Due Process Hearing Decisions website, the decision for all due process hearings can be found. The docket claims that over the previous two school years, a Collinsville ISD student was denied FAPE, did not develop an appropriate individualized education program (IEP), the district failed to implement an IEP, denied FAPE by failing to ensure a safe educational environment, and denied the student’s parent to participate meaningfully in the decision-making process. In favor of the district, the ruling stated, “The District provided student a FAPE during the relevant time period, and Student’s IEPs were reasonably calculated to address Student’s needs in light of Student’s unique circumstances.”
Through the Due Process, some of the relief the parent sought was an independent education evaluation (IEE) outside of the district, compensatory education and related services, reimbursement for education and diagnostic expenses, and any other appropriate relief.
“CISD provides all of these services here at the district and through our contracted services with the Grayson County Special Education Agency. The parent wanted outside services, and these outside services costs can add up rather quickly,” Collinsville ISD Superintendent Matthew Davenport said.
Aside from these services, the parent wanted the district to pay their attorney fees. According to the ruling, the district educationally met the students’ needs.
“We disagreed with this accusation. We were providing FAPE, and there was no need to spend additional district resources on outside services,” Davenport said.
The ruling came at a significant cost for Collinsville ISD, as the district’s legal fees began to accumulate. The district was first informed of the Due Process Hearing in July. During July and August of 2023, the district was required to provide all requested documents.
“Throughout the entire process, we were confident that the district was following the proper procedures as required by law. However, we still needed legal advice and services to navigate the Due Process Hearing successfully,” Davenport said.
Throughout the process, district representatives and legal representation participated in mediation, prehearing conferences and the Due Process Hearing. The hearing was held on December 5 and December 6, 2023, via Zoom. Collinsville ISD was represented by Abernathy, Roeder, Boyd & Hullett, P.C. Attorneys at Law. The district’s attorney fees for this due process hearing amounted to $62,034.
Superintendent Davenport expressed his frustration, saying, “It’s disheartening to know that the district spent over $60,000 in tax payers’ money on a Due Process Hearing, which we were confident the district would win. That money could have been used for anything else, such as hiring an additional teacher, increasing teacher pay, investing in technology, safety measures, or classroom supplies, all of which could have benefited many of our students.”
For the district to have the parent pay for the district’s attorney fees, the district would have to take the case to federal court.
“What would be the benefit of taking it to federal court? It would cost the district significantly more of our tax payers’ dollars, and when the district won, it’s likely the parent would not be able to pay back hundreds of thousands of dollars to the district for our attorney fees,” Davenport said. “The best we can do is have our community hold us, the district, accountable and also hold citizens accountable for frivolously wasting their tax dollars.”
Source: Freepik.com