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Source of Funds

The Fresno County SELPA allocates a portion of the Base Grant Funding for the Legal cost pool. The pool is available for qualifying Member LEA cost claims. 

Purpose

The Legal Pool was established to provide partial reimbursement for qualifying attorneys’ fees related to “Due Process” hearings and/or formal complaints. The SELPA has trained individuals in the area of mediation to assist Member LEAs with the ADR process. The Legal Pool is not intended to be a replacement for a Member LEA from hiring an attorney on retainer or for other purposes.

Eligibility for Reimbursement / Qualifications

The SELPA Administrator or designee must have been notified as soon as practicable that a “Due Process” hearing or formal complaint will be filed by the Member LEA or was filed against the Member LEA. The Member LEA must have used mediation and/or Alternative Dispute Resolution (ADR) activities, which may include the facilitated IEP process utilizing a non-Member LEA facilitator, to attempt to resolve the issues contained in the hearing or formal complaint unless the parent(s)/guardian(s) of the student has refused to participate in such mediation or ADR activities. If the parent(s)/guardian(s) refuses to participate in mediation or other ADR activities, the Member LEA shall document the refusal, which shall be included as part of any reimbursement request. ADR activities may include, but are not limited to, neutral facilitated IEP meetings, mediation conducted through the Office of Administrative Hearings (OAH), informal problem-solving meetings involving SELPA staff, and consultation or technical assistance provided by SELPA, and shall be documented as part of any reimbursement request. 

Claims in which the SELPA advised the Member LEA against Due Process or claims in which the Member LEA has been determined to be negligent, may be either adjusted or disapproved for reimbursement. 

Member LEAs may access the reimbursement pool for two (2) out of any three (3) consecutive years. Exceptions may be granted by the Executive Committee based on demonstrated need or extraordinary circumstances. 

The appropriate SELPA Committee may consider any unique circumstances as presented, using reasonable judgment, to reimburse for claims that do not qualify under this section.

Claim Deductible and Maximums

Member LEAs may submit claims for reimbursement of eligible legal costs incurred during a fiscal year. Reimbursement may cover up to one hundred percent (100%) of non-auxiliary legal costs, less than a two-thousand five-hundred-dollar ($2,500) deductible per claim. 

Total reimbursement to a Member LEA in any fiscal year shall not exceed the maximum total reimbursement amount established for that Member LEA, regardless of the number of claims submitted. 

The maximum total reimbursement amount shall be determined based on the member LEA’s most recent P-2 AB 602 K-12 Average Daily Attendance (ADA), as follows: 

• Seventy-five thousand dollars ($75,000) for Member LEAs with an ADA equal to or greater than 5,000 
• Fifty thousand dollars ($50,000) for Member LEAs with an ADA less than 5,000 and equal to or greater than 2,500
• Twenty-five thousand dollars for Member LEAs with an ADA less than 2,500 

Auxiliary costs, such as travel and lodging, are not reimbursable. Approved claims that exceed the amount of the Pool shall be prorated.

Accounting

• Revenue is transferred using 0100-65000-0-5001-0000-879202.
• Cash is disbursed upon the approval of claims received.  

Reimbursement Claim

• The 2025-26 Reimbursement Claim Form will be released in June, 2026