Pulling a bunch of money out of the system with a lawsuit is not a winning outcome if it leaves the existing corrupt power structure in place. Be warned that for many lawyers, the goal will be money, not improvement. Do not use a lawyer whose goals are different than your own.
You should be collecting evidence. If you are ever alone with an incriminating document, photograph every page. You may later wish to allow these documents a chance to go missing (eg, by making a FOIA request) before you reveal that you’ve copied them. If you are in a state where it is legal to do so without telling anyone, record every interesting conversation. A recorded statement like “the evaluator’s job is to collude with the submitter” is a political instakill if given to the press, and the threat of releasing it is significant leverage.
Pay attention to the specific people involved, especially the ones who are higher up, and the ones who are keeping themselves hidden. Try to figure out who’s good, who’s evil, who’s smart, and who’s dumb. Try to predict how each will react to scandal. Assume that by default, the evildoers will successfully deflect blame onto the stupid, unless you have specific incriminating evidence.
Pulling a bunch of money out of the system with a lawsuit is not a winning outcome if it leaves the existing corrupt power structure in place. Be warned that for many lawyers, the goal will be money, not improvement. Do not use a lawyer whose goals are different than your own.
This is good advice in general for dealing with the tort portion of the US legal system. But we shouldn’t forget the general deterrence effect of money damages.
And in education law in particular, money damages for being a negligent educator are essential impossible to get, so the extreme money grubbers aren’t in this market. In special education, money damages simply for having a stupid education plan are unavailable under the most important special education statute.
That said, the rest of this post is excellent advice.
Pulling a bunch of money out of the system with a lawsuit is not a winning outcome if it leaves the existing corrupt power structure in place. Be warned that for many lawyers, the goal will be money, not improvement. Do not use a lawyer whose goals are different than your own.
You should be collecting evidence. If you are ever alone with an incriminating document, photograph every page. You may later wish to allow these documents a chance to go missing (eg, by making a FOIA request) before you reveal that you’ve copied them. If you are in a state where it is legal to do so without telling anyone, record every interesting conversation. A recorded statement like “the evaluator’s job is to collude with the submitter” is a political instakill if given to the press, and the threat of releasing it is significant leverage.
Pay attention to the specific people involved, especially the ones who are higher up, and the ones who are keeping themselves hidden. Try to figure out who’s good, who’s evil, who’s smart, and who’s dumb. Try to predict how each will react to scandal. Assume that by default, the evildoers will successfully deflect blame onto the stupid, unless you have specific incriminating evidence.
This is good advice in general for dealing with the tort portion of the US legal system. But we shouldn’t forget the general deterrence effect of money damages.
And in education law in particular, money damages for being a negligent educator are essential impossible to get, so the extreme money grubbers aren’t in this market. In special education, money damages simply for having a stupid education plan are unavailable under the most important special education statute.
That said, the rest of this post is excellent advice.