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	Comments on: Schools roundup	</title>
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	<link>https://www.overlawyered.com/2018/03/schools-roundup-46/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Tue, 06 Mar 2018 07:08:42 +0000</lastBuildDate>
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		<title>
		By: David C		</title>
		<link>https://www.overlawyered.com/2018/03/schools-roundup-46/comment-page-1/#comment-348131</link>

		<dc:creator><![CDATA[David C]]></dc:creator>
		<pubDate>Tue, 06 Mar 2018 07:08:42 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=68730#comment-348131</guid>

					<description><![CDATA[In the square root case, the article says the student&#039;s house was searched.  It doesn&#039;t say whether that search was voluntary, or under a warrant.  If any judge issued a warrant, they should be impeached.  Mentioning that something looks like a gun is not probable cause for anything.]]></description>
			<content:encoded><![CDATA[<p>In the square root case, the article says the student&#8217;s house was searched.  It doesn&#8217;t say whether that search was voluntary, or under a warrant.  If any judge issued a warrant, they should be impeached.  Mentioning that something looks like a gun is not probable cause for anything.</p>
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		<title>
		By: cecil		</title>
		<link>https://www.overlawyered.com/2018/03/schools-roundup-46/comment-page-1/#comment-348123</link>

		<dc:creator><![CDATA[cecil]]></dc:creator>
		<pubDate>Mon, 05 Mar 2018 14:53:31 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=68730#comment-348123</guid>

					<description><![CDATA[I was in the NC School for the blind from 1976 - 1980 grades 9 - 12.  The estimate at that time was $35,000.00 per student per year.]]></description>
			<content:encoded><![CDATA[<p>I was in the NC School for the blind from 1976 &#8211; 1980 grades 9 &#8211; 12.  The estimate at that time was $35,000.00 per student per year.</p>
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		<title>
		By: John Fembup		</title>
		<link>https://www.overlawyered.com/2018/03/schools-roundup-46/comment-page-1/#comment-348109</link>

		<dc:creator><![CDATA[John Fembup]]></dc:creator>
		<pubDate>Sat, 03 Mar 2018 23:23:18 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=68730#comment-348109</guid>

					<description><![CDATA[As you observe &quot;medical&quot; expenses continue to rise (and they will), and you read that physicians who practice defensive medicine are a large part of the reason (and they are), remember this case.]]></description>
			<content:encoded><![CDATA[<p>As you observe &#8220;medical&#8221; expenses continue to rise (and they will), and you read that physicians who practice defensive medicine are a large part of the reason (and they are), remember this case.</p>
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		<title>
		By: mx		</title>
		<link>https://www.overlawyered.com/2018/03/schools-roundup-46/comment-page-1/#comment-348104</link>

		<dc:creator><![CDATA[mx]]></dc:creator>
		<pubDate>Fri, 02 Mar 2018 20:42:06 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=68730#comment-348104</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2018/03/schools-roundup-46/comment-page-1/#comment-348094&quot;&gt;Anonymous Attorney&lt;/a&gt;.

But the school district chose to spend that much on this case. It&#039;s not as if they were being asked to spend $1 million on special ed services, and $6,100 frankly sounds quite cheap for any California private school, let alone one offering one-on-one attention for a child with special needs (it&#039;s substantially less than the state&#039;s per-pupil average spending for public schools).  If you&#039;re appealing a small dollar case as far as the Supreme Court, you&#039;re intentionally pursuing a cause, and the cost for that is on you.

I think there&#039;s very much a valid discussion to have over why we have a legal system that costs this much to come to a final adjudication of a dispute such as this (part of the reason this blog exists). But that shouldn&#039;t be confused with the resources required to educate the student in question, which seem fairly modest. Nobody needed to say &quot;sorry, we can&#039;t do anything else&quot; here; somebody just needed to acknowledge they lost and stop the appeals.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2018/03/schools-roundup-46/comment-page-1/#comment-348094">Anonymous Attorney</a>.</p>
<p>But the school district chose to spend that much on this case. It&#8217;s not as if they were being asked to spend $1 million on special ed services, and $6,100 frankly sounds quite cheap for any California private school, let alone one offering one-on-one attention for a child with special needs (it&#8217;s substantially less than the state&#8217;s per-pupil average spending for public schools).  If you&#8217;re appealing a small dollar case as far as the Supreme Court, you&#8217;re intentionally pursuing a cause, and the cost for that is on you.</p>
<p>I think there&#8217;s very much a valid discussion to have over why we have a legal system that costs this much to come to a final adjudication of a dispute such as this (part of the reason this blog exists). But that shouldn&#8217;t be confused with the resources required to educate the student in question, which seem fairly modest. Nobody needed to say &#8220;sorry, we can&#8217;t do anything else&#8221; here; somebody just needed to acknowledge they lost and stop the appeals.</p>
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		<title>
		By: Shtetl G		</title>
		<link>https://www.overlawyered.com/2018/03/schools-roundup-46/comment-page-1/#comment-348099</link>

		<dc:creator><![CDATA[Shtetl G]]></dc:creator>
		<pubDate>Fri, 02 Mar 2018 18:01:15 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=68730#comment-348099</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2018/03/schools-roundup-46/comment-page-1/#comment-348091&quot;&gt;Allan&lt;/a&gt;.

The school kept appealing and losing its appeals.  They appealed all the way to Supreme court and lost.  This was all over paying $6100 a year for private schooling for the special needs child.  Here are a couple of ways they could have saved money.  Just pay the $6100 from the beginning(savings 900,000 at least).  Stop appealing the case so many times would have also saved the district money.  The school had a choice to keep litigating their losing case and they made the case to keep plowing forward and now the bill is due.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2018/03/schools-roundup-46/comment-page-1/#comment-348091">Allan</a>.</p>
<p>The school kept appealing and losing its appeals.  They appealed all the way to Supreme court and lost.  This was all over paying $6100 a year for private schooling for the special needs child.  Here are a couple of ways they could have saved money.  Just pay the $6100 from the beginning(savings 900,000 at least).  Stop appealing the case so many times would have also saved the district money.  The school had a choice to keep litigating their losing case and they made the case to keep plowing forward and now the bill is due.</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2018/03/schools-roundup-46/comment-page-1/#comment-348098</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Fri, 02 Mar 2018 17:15:21 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=68730#comment-348098</guid>

					<description><![CDATA[Considering the school district lost the case on the merits, I don&#039;t know why you imagine that they had a valid case to make.]]></description>
			<content:encoded><![CDATA[<p>Considering the school district lost the case on the merits, I don&#8217;t know why you imagine that they had a valid case to make.</p>
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		<title>
		By: Anonymous Attorney		</title>
		<link>https://www.overlawyered.com/2018/03/schools-roundup-46/comment-page-1/#comment-348094</link>

		<dc:creator><![CDATA[Anonymous Attorney]]></dc:creator>
		<pubDate>Fri, 02 Mar 2018 17:01:15 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=68730#comment-348094</guid>

					<description><![CDATA[I don&#039;t blame parents who want the best for their kid.  But the American glorification of lesser-able students has gone to insane places.  We&#039;ve turned the special education business into a cult -- nobody dare question the money spent on the special student or the battles surrounding it, because you&#039;d be a meanie who doesn&#039;t care about less-able children.  But resources are finite, and there comes a time to say, &quot;sorry, we can&#039;t do anything else.&quot;  The law, however, recognizes NO LIMITS on resource expenditure.  That is a recipe for $1 million legal fees over a $6K tuition issue.]]></description>
			<content:encoded><![CDATA[<p>I don&#8217;t blame parents who want the best for their kid.  But the American glorification of lesser-able students has gone to insane places.  We&#8217;ve turned the special education business into a cult &#8212; nobody dare question the money spent on the special student or the battles surrounding it, because you&#8217;d be a meanie who doesn&#8217;t care about less-able children.  But resources are finite, and there comes a time to say, &#8220;sorry, we can&#8217;t do anything else.&#8221;  The law, however, recognizes NO LIMITS on resource expenditure.  That is a recipe for $1 million legal fees over a $6K tuition issue.</p>
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		<title>
		By: Allan		</title>
		<link>https://www.overlawyered.com/2018/03/schools-roundup-46/comment-page-1/#comment-348091</link>

		<dc:creator><![CDATA[Allan]]></dc:creator>
		<pubDate>Fri, 02 Mar 2018 15:08:17 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=68730#comment-348091</guid>

					<description><![CDATA[re: CA special ed dispute

Seems like the correct result for one child, a horrible result for all of the other children in the district.

What other ways could we have come to a good result for the child, allowed the school district to make its case, and not spent $1,000,000?  I don&#039;t know.]]></description>
			<content:encoded><![CDATA[<p>re: CA special ed dispute</p>
<p>Seems like the correct result for one child, a horrible result for all of the other children in the district.</p>
<p>What other ways could we have come to a good result for the child, allowed the school district to make its case, and not spent $1,000,000?  I don&#8217;t know.</p>
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