Legal Costs
Purpose
The Fresno County SELPA Legal Cost Pool was established to provide partial reimbursement to Member LEAs for attorney's fees related to "Due Process" hearings and/or formal complaints. The Legal Pool is not intended to be a replacement for a Member LEA from hiring an attorney on retainer, or for other purposes. More information is available on Item 7 (page 8) of the Funding Allocation Plan here.
Collaboration
The Fresno County SELPA Compliance Officer must be notified as soon as practicable that a complaint or due process has been filed. The SELPA has trained individuals in the area of mediation to assist Member LEAs with the alternative dispute resolution (ADR) process.
Claim Amounts
Legal reimbursements for claims may cover up to one-hundred percent (100%) of the non-auxiliary legal costs, less a two-thousand five-hundred ($2,500) deductible per case, and not to exceed the established maximum.
The established maximum per case shall be the following: Seventy-five thousand ($75,000) per Member LEA whose most recent P-2 AB 602 K-12 ADA is equal to, or greater than, five-thousand (5,000); fifty-thousand ($50,000) per Member LEA whose most recent P-2 AB 602 K-12 ADA is less than five-thousand (5,000) but equal to, or greater than, two-thousand five-hundred (2,500); and twenty-five thousand ($25,000) per Member LEA whose most recent P-2 AB 602 K-12 ADA is less than two-thousand five hundred (2,500).
Auxiliary costs, such as travel and lodging, are not reimbursable. Approved claims that exceed the amount of the Pool shall be prorated.
Qualifications
- The SELPA Administrator or designee must have been notified as soon as practicable that a "Due Process" hearing or formal complaint was filed.
- The Member LEA must have used mediation and/or Alternative Dispute Resolution (ADR) activities.
The appropriate SELPA Committee may consider any unique circumstances as presented, using reasonable judgment. 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. Claims for more than two consecutive years will require review and approval by the Executive Committee.
Claim Documents
Claims for the fiscal year are due to the SELPA Administrator or designee on or before July 31st of each year.
