Opinion Approving Settlement - Public Interest Law Center of ...

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Case 2:94-cv-04048-ER Document 330 Filed 09/19/2005 Page 20 of 51Provision IV.5(A).) If PDE determines that the complaint wastimely filed and that jurisdiction lies with PDE to investigatethe complaint, pursuant to 34 C.F.R. § 300.662, then PDE willresolve the matter using its best efforts to interview: (1) theparents or student, and (2) a reasonable number of personsidentified by the complainant(s) as having actual knowledge ofthe facts. (Id.)Second, when PDE finds in the course of the complaintresolution process that a school district has violated astudent’s right to receive supplementary aids and services in aregular education class or when such a violation is establishedafter a due process hearing, PDE will investigate whether theoffending school district has corrected the violation for allsimilarly situated students during the school district’s nextcompliance monitoring. (Id. at Provision IV.5(B).)F. Financial TermsDefendants will pay named Plaintiffs $350,000 in full,final, and complete settlement and release of Plaintiffs’ claimsfor compensatory damages that have been asserted in this case.(Id. at Provision IV.9(A).) Plaintiffs will be responsible forallocating the $350,000 among themselves. Additionally,Defendants will pay Plaintiffs’ counsel $1,825,000 in full,final, and complete settlement and release of all claims by20
Case 2:94-cv-04048-ER Document 330 Filed 09/19/2005 Page 21 of 51Plaintiffs or their attorneys for attorneys’ fees and litigationcosts. (Id. at Provision IV.9(B).)G. Other Components of the Proposed Settlement AgreementUnder the Settlement Agreement, PDE will “build uponand refine its present system of review and approval ordisapproval of special education plans [that are] submitted bythe 501 school districts in Pennsylvania[.]” (Id. at ProvisionIV.6.) In part, PDE will require those school districts thatfailed to meet the needs of children with disabilities, asdetermined by compliance monitoring, to include appropriatecorrective actions in their special education plans. Id.Additionally, the Settlement Agreement establishes thatthe Bureau of Special Education will provide extensive on-sitetraining, technical assistance, and professional development toschool districts to ensure that the terms of the SettlementAgreement are being met. (Id. at Provision IV.7.) The AdvisoryPanel will offer support in this initiative by recommendingcontent, delivery systems, and evaluation processes, inter alia,for the training programs. (Id.)Plaintiffs’ counsel will continue to advocate fortrained, informed, and effective support to parents on issuesrelating to specially designed instruction to students withdisabilities. (Id. at Provision IV.8.) As Plaintiffs’ counsel21
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Opinion Approving Settlement - Public Interest Law Center of ...

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