Baldwin County School Board Pays at Least $30,000 to Settle Two Special Education Due Process Cases

BAY MINETTE, Ala. — The Baldwin County Board of Education has settled two legal disputes over students’ special education programs, agreeing to pay at least $30,000 in attorneys’ fees to lawyers who represented the students.

The board approved the payments during its regular meeting Thursday night, Oct. 22. School system officials declined to release details of the cases, saying federal student privacy law prevents them from doing so.

District cites FERPA

When asked about the settlements, Baldwin County Public Schools spokesperson Chasity Riddick said the details cannot be shared publicly because of the Family Educational Rights and Privacy Act, commonly known as FERPA.

“The settlements were special education due process cases, and they are subject to FERPA restrictions,” she said. “Those details cannot legally be released publicly.”

FERPA is a federal law that protects the privacy of student education records. Schools that receive federal funding generally cannot release personally identifiable information from a student’s records without consent from the parent or, once a student turns 18, from the student. In special education cases, the records at issue often include evaluations, disability information and individualized program details, which are among the most sensitive records a school keeps.

What is a special education due process case?

Special education due process cases are legal proceedings used to resolve disagreements between parents and school districts over a student’s special education program.

Under the federal Individuals with Disabilities Education Act, or IDEA, public schools must provide eligible students with disabilities a free appropriate public education. That usually takes the form of an Individualized Education Program, or IEP, a written plan describing a student’s needs, goals and the services and supports the school will provide.

Disputes can arise over many issues, including:

• Whether a student qualifies for special education services
• Which services, therapies or accommodations a student should receive
• Where a student should be placed, such as a general classroom, a special class or another setting
• Whether the school is carrying out the IEP as written
• Disciplinary decisions involving students with disabilities

When parents and a school system cannot agree, either side can file a due process complaint. The case is then heard by an impartial hearing officer, though many cases are settled before reaching a final decision. IDEA also allows parents who prevail in these cases to recover reasonable attorneys’ fees from the school district in certain circumstances.

Why the board had to vote

According to the board’s agenda documents, members received the attorney invoices “under separate cover.” The documents state that the school system’s special services coordinator, the board attorney and Superintendent Marty McRae agreed to the settlements on Oct. 16.

The agenda item explained why the full board needed to approve the payments:

“Part of the terms of settling both cases requires the payment of attorneys’ fees to the students’ attorneys based on federal law. Board Policy 3.9.5 requires that any professional to be paid in excess of $15,000 total shall be Board approved,” the agenda item reads. “The invoices for both attorneys are under separate cover for Board approval.”

In other words, because each payment was large enough to cross the board’s $15,000 threshold for professional services, the superintendent and staff could not approve them alone.

What ‘under separate cover’ means

Riddick explained that items submitted to the board under separate cover typically “contain legally sensitive information that the public cannot be privy to prior to approval, if at all.”

“This would include items involving litigation, personnel matters prior to board approval (to avoid potential good name and character issues), and other items of a legally sensitive nature,” Riddick said.

She said some items handled this way can later be released to the public, either in full or in part, through public records requests.

Alabama’s Open Records Act generally gives the public the right to inspect public records, but records protected by federal laws such as FERPA, and certain other sensitive materials, can be withheld or redacted.

$133,000 in settlement costs since 2022

The two settlements are not the first for the school system. According to budget documents discussed at the school board’s Oct. 20 work session, Baldwin County Public Schools has paid more than $133,000 in settlement-related costs since 2022.

The documents did not break down how much of that total was tied to special education cases versus other types of disputes.

About Baldwin County Public Schools

Baldwin County Public Schools is one of the largest school systems in Alabama, serving students from the Mobile-Tensaw Delta in the north to the Gulf beaches in the south. The board holds its regular meetings in Bay Minette, the county seat. Like every public school system, it serves thousands of students with disabilities who receive special education services under IDEA.

Resources for parents

Parents who have concerns about their child’s special education services have several options under federal and state law, including:

• Requesting an IEP team meeting to discuss concerns
• Asking for an independent educational evaluation
• Requesting mediation, a voluntary process to reach an agreement
• Filing a state complaint with the Alabama State Department of Education
• Filing a due process complaint

The Alabama State Department of Education’s special education services office provides information on these procedures, and parent training and information centers can help families understand their rights.

Key facts

• What: Settlement of two special education due process cases
• Cost: At least $30,000 in attorneys’ fees to students’ attorneys
• Approved: Baldwin County Board of Education, Thursday, Oct. 22
• Agreed to by staff: Oct. 16, by the special services coordinator, board attorney and Superintendent Marty McRae
• Why board approval was needed: Board Policy 3.9.5 requires board approval for professionals paid more than $15,000
• Why details are withheld: FERPA student privacy protections, according to the school system
• Prior settlements: More than $133,000 in settlement-related costs since 2022