JOHN M. FACCIOLA, UNITED STATES MAGISTRATE JUDGE.
This case was referred to me for all purposes. Currently pending and ready for resolution are 1) Plaintiffs' Motion for Summary Judgment [# 14], and 2) Defendant's Opposition to Plaintiffs' Motion for Summary Judgment and Cross-Motion for Summary Judgment [# 16].
Plaintiffs in this case are 1) Lakesia Brighthaupt and her child, J.B.; 2) Monica Browne and her child, M.Y.; and 3) Ja'Quelle Yeager and her child, J.Y. Complaint [# 1] ¶¶ 2-4. The defendant is the District of Columbia, which operates the District of Columbia Public Schools system ("DCPS"). [# 1] ¶ 5. In this action, plaintiffs seek an award of attorney's fees under
On December 11, 2012, an administrative due process hearing under the IDEA was held as to J.B. [# 1] ¶ 8. On December 28, 2012, the Hearing Officer ("HO") issued a determination finding that Lakesia Brighthaupt and J.B. were prevailing parties. Id. On June 20, 2013, plaintiffs submitted a fee petition for $31,276. [# 1] ¶ 9. The parties engaged in settlement discussions but were unable to agree on an amount. [# 1] ¶ 10. On August 27, 2013, plaintiffs filed the current complaint seeking the full amount originally claimed. [# 1] ¶ 11.
On April 15, 2013, an administrative due process hearing under the IDEA was held as to M.Y. [# 1] ¶ 12. That same day, the HO issued a determination finding that Monica Browne and M.Y. were prevailing parties. Id. On June 20, 2013, plaintiffs submitted a fee petition for $24,664. [# 1] ¶ 13. The parties engaged in settlement discussions but were unable to agree on an amount. [# 1] ¶ 14. On August 27, 2013, plaintiffs filed the current complaint seeking the full amount originally claimed. [#1] ¶ 15.
On April 3, 2013, an administrative due process hearing under the IDEA was held as to J.Y. [# 1] ¶ 16. On April 4, 2013, the HO issued a determination finding that Ja'Quelle Yeager and J.Y. were prevailing parties. Id. On June 23, 2013, plaintiffs submitted a fee petition for $31,707. [# 1] ¶ 17. The parties engaged in settlement discussions but were unable to agree on an amount. [# 1] ¶ 18. On August 27, 2013, plaintiffs filed the current complaint seeking the full amount originally claimed. [# 1] ¶ 19.
Motions for summary judgment are governed by Rule 56 of the Federal Rules of Civil Procedure, which states that "[t]he court shall grant summary judgment if the movant shows that there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(a); see Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
Pursuant to the IDEA, the Court "in its discretion, may award reasonable attorneys' fees as part of the costs . . . to a prevailing party who is the parent of a child with a disability." 20 U.S.C. § 1415(i)(3)(B). The statute further provides that "[f]ees . . . shall be based on rates prevailing in the community in which the action or proceedings arose for the kind and quality of services furnished." 20 U.S.C. § 1415(i)(3)(C).
According to the Supreme Court, "[t]he most useful starting point for determining the amount of a reasonable fee is the number of hours reasonably expended on the litigation multiplied by a reasonable hourly rate" in order to arrive at the total or "lodestar" amount. Hensely v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). In the District of Columbia Circuit, "a fee applicant's burden in establishing a reasonable hourly rate entails a showing of at least three elements: the attorneys' billing practices; the attorneys' skill, experience, and reputation; and the prevailing market rates in the relevant
Defendant does not contest plaintiffs' status as prevailing parties in this matter. See generally [# 16]. Thus, the only issue before the Court is whether the fees plaintiffs seek are reasonable.
Plaintiffs' counsel, Carolyn Houck, seeks an hourly rate of $435. [# 14-13] at 2. According to Houck, her hourly rates are slightly lower than those provided by the Laffey
Houck was admitted to the Bar of the State of Maryland in 1997 and the Bar of the District of Columbia in 1998. [# 14-13] at 2. She has specialized exclusively in special education law since 1997, representing "hundreds of clients in more than 1600 due process hearings or settlement agreements." Id.
Although use of the Laffey matrix to determine reasonable hourly rates in IDEA cases is not automatic, several judges of this Court have relied on it as an appropriate starting point for determining rates of reimbursement for attorneys who challenge the decisions of the DCPS. Where the issues are complex, the full Laffey rate has been awarded by some members of this Court.
Where the issues are not complex, in that there are "no pre-hearing interrogatories or discovery, no production of documents or depositions, no briefings of intricate statutory or constitutional issues, no pre-trial briefings, no lengthy hearings, no protracted arguments, and few, if any, motions filed,"
Defendant argues that plaintiffs have failed to demonstrate that these three cases were, in any way, complex and that the full Laffey rate is unwarranted. [# 16] at 6-9. Defendant argues instead that the Court should award three-fourths of the Laffey rate. Id. The Court agrees.
First, there is no evidence in these three cases that the issues were in any way complex. To the contrary, they appear to have proceeded in a fairly routine fashion, particularly for someone like Houck, who specializes in IDEA cases. In the case of Brighthaupt and J.B., plaintiffs filed a due process complaint, a resolution session was held, a pre-hearing conference was held, and then a due process hearing was held, where the HO heard the testimony of 11 witnesses. [# 14-3] at 2-3, 11. In the case of Browne and M.Y., plaintiffs filed a due process complaint, several motions to dismiss were filed by DCPS, and a due process hearing was held. [# 14-6] at 2. In the case of Yeager and J.Y., the parties participated in two prehearing conference, the last of which resulted in the entry of a consent order. [# 14-1] at 9.
Second, as I noted previously, unless a party is prepared to support its argument with "statistical, economic, or other evidence to include, perhaps, expert testimony," there is no way to determine what rate reflects the actual market rate and "these cases [ ] become a meaningless exercise between plaintiffs, who will cite those cases that support use of the Laffey rate and the defendant, who will cite those that do not." Johnson v. Dist. of Columbia, 850 F.Supp.2d 74, 79 (D.D.C. 2012). In other words, there is no reason to disturb the status quo unless and until reasoned alternatives are proposed:
Moss v. Dist. of Columbia, No. 11-CIV-994, 2012 WL 4510682, at *3 (D.D.C. July 12, 2012).
Using the Laffey rates as a baseline and guided by the decisions that have diminished those rates as a function of the complexity of the case or the lack thereof, I conclude that an hourly rate of $333.75 (three-fourths of the Laffey rate of $445) strikes a fair balance between the burden on the public fisc and, in this case, the need to attract competent counsel to represent parties in straight-forward IDEA cases.
In accordance with the calculations in Court's Exhibit 1, plaintiffs are due $23,996.63 in attorney's fees for work performed on Brighthaupt and J.B.'s case.
In accordance with the calculations in Court's Exhibit 2, plaintiffs are due
With respect to Yeager and J.Y.'s case, defendant contends that plaintiffs' counsel should not be reimbursed for time spent following defendant's offer of settlement. [# 16] at 9. Plaintiffs contend that full reimbursement is due because the relief Yeager and J.Y. obtained after rejecting defendant's original settlement proposal was greater than what they would have obtained if they had accepted it. Plaintiffs' Reply to Defendant's Response in Opposition to Plaintiffs' Motion for Summary Judgment and Plaintiffs' Response in Opposition to Defendant's Cross-Motion for Summary Judgment [# 17] at 10-11. Specifically, plaintiffs claim that they rejected the settlement offer it because it would have forced them to waive J.Y.'s rights to compensatory education. Id. at 11.
The IDEA provides in pertinent part as follows:
20 U.S.C. § 1415(i)(3)(D).
The statute further provides the following:
20 U.S.C. § 1415(i)(3)(E).
In the case of Yeager and J.Y., defendant made a settlement offer on February 11, 2013. [# 17-4]. The administrative due process hearing was held on April 3, 2013. Thus, the timing of defendant's settlement offer satisfies subsection (I). Subsection (II) is also satisfied because Yeager and J.Y. rejected the offer. [# 17] at 11. The only issue, therefore, is whether the relief finally obtained by plaintiffs was more favorable than that originally proposed by defendant.
In making this determination, the Court notes that the key to its determination lies in its defining the term "relief finally obtained." Subsection (i) is captioned "Administrative procedures," and thus it follows that the provisions contained under subsection (i) relate solely to those events occurring at the administrative level. In other words, the relevant comparison in subsection (i)(3)(D)(III) is between the relief detailed in the HO's ruling versus the relief detailed in the offer of settlement. With this understanding of the statutory language, it is clear in this case that the relief finally obtained by Yeager and J.Y. was not more favorable than what DCPS previously offered. The following chart shows what each provided, although, as will be shown, that is not the end of the story.
Settlement Offer 5 Consent Order Signed by HO6 1. Independent To be obtained within 45 days Same Occupational of date of agreement and not to Therapy exceed $633.42. 2. Physical Therapy To be obtained within 45 days Same. of date of agreement and not to exceed $395.60. 3. Speech and To be obtained within 45 days Same. Language of date of agreement and not to Therapy exceed $807.20. 4. Further Following completion of the Same. Evaluation above therapies, and new evaluation, and within 20 school days of receipt of new evaluation, DCPS to convene an IEP meeting and revise IEP if necessary. 5. Attorney's Fees Not to exceed $300.00. Not addressed in Order.
[Editor's Note: The preceding image contains the reference for footnote
Plaintiffs argue that the primary reason Yeager and J.Y. rejected the settlement offer was because they would have been forced to forgo any and all rights J.Y. would have had to compensatory education. [# 17] at 10. In support of their argument, plaintiffs point to paragraph 9 of the settlement agreement, which states the following:
[# 17-4] at 3.
Plaintiff argues that had she signed the agreement she would have given up any right to have the new IEP that was created include compensatory education. The settlement agreement would appear only to have resolved the claims that had been made to that point and did not speak to whether, after new IEP's were created, the children would be entitled to compensatory education and, if they were, whether the settlement agreement precluded an award of compensatory education. Thus, a court or hearing officer would have to conclude that the agreement silently reached out to an event that had not occurred and would only occur if other conditions were fulfilled. Indeed, DSPS had to know that one consequence of the consent order it proposed might be the award of compensatory education in the new IEP. It could have easily demanded waiver of that right in specific terms but it did not. Its failure to be more specific would probably be held against it. In light of all of this, it might not be likely that the release would be construed to bar the IEP team from awarding the child compensatory education if it saw fit to award it.
Nevertheless, the release in the agreement is broad. Plaintiffs were said to "hereby fully release[ ] and waive[ ] the claims asserted in the complaint or [that] could have been asserted, including any and all relief that does or could result from the claims, as of the date of this signed and fully executed SA." It is certainly not inconceivable that the compensatory education, if awarded in the new IEP's, was relief that "could result from the claim made." Moreover, the claim for compensatory education had been made or could have been made and the release, DCPS
At most, one could say that whether the release provision barred the claim for compensatory education raised a complicated legal issue as to which reasonable lawyers could differ. I therefore cannot find, as I must, that the settlement agreement plaintiffs rejected was no more favorable than the relief awarded because there lingered unresolved whether that agreement barred the compensatory education plaintiffs ultimately secured.
Plaintiffs also argue that they were substantially justified in rejecting the settlement offer and therefore entitled to reimbursement for "services performed subsequent to the time of a written offer of settlement,"
Indeed, even though it offered only $300 in attorney's fees, defendant now argues that plaintiffs' counsel is entitled to $90 per hour, the rate awarded criminal defense lawyers. [# 16] at 8. Using that rate, however, and multiplying it by the 15.4 hours plaintiffs' counsel worked on J.Y.'s case as of February 11, 2013, yields a fee of $1,386, which is 4.62 times more than the $300 originally offered. Indeed, at $90 per hour, the $300 offered in settlement would only have compensated plaintiffs' counsel for 3.3 hours of work.
More to the point, defendant is well aware that the judges of this court routinely award either the full Laffey rate or 75% of that rate in these cases. Defendant's offer of a flat fee of $300 is less than one hour's work for an attorney of plaintiffs' counsel's experience under either rate. Defendant must have known that its offer of $300 in attorney's fees could not possibly satisfy plaintiffs' counsel. Nor is it fair for DCPS to dismiss plaintiffs' rejection of the offer because it did not include adequate attorney fees as a red herring because the hearing officer did not award attorney fees. But, there was no demand made of the hearing officer for attorney fees. As DCPS knows, its purpose in making an offer of attorney fees was to cut off resort to this Court for the fee if, as was inevitable, DCPS offered an amount of fees that was neither based on the Laffey rates or the 75% of Laffey awarded by some of the judges of this Court. The $300 was so low that it could only be considered an insincere offer and an insincere offer should not trigger that cuts off of fees under the statute. If it did, counsel for plaintiffs in these cases will be encouraged to continue to litigate fees in this Court since it is unlikely that this Court will consider a de minimis offer, out of all proportion to the work done, sufficient to trigger the statute. On the other hand, a sincere and responsible offer, premised on an expectation of what plaintiffs' counsel may receive in this Court
Awarding fees in these IDEA cases requires a careful balancing. The Court needs to ensure that counsel in these cases are fairly compensated so that they will continue to take these cases and provide parents with the qualified counsel they need. The Court also must appreciate the fact that municipal budgets for education are finite. The clear intendment of the attorney's fees provision within the IDEA is to preclude fees for a lawyer who foolishly rejects a reasonable settlement offer then wastes everyone's time and money to achieve through litigation what she could have achieved through settlement. An unreasonable offer does not advance those goals and it would be a pernicious and self-defeating interpretation of the IDEA to say that any offer of fees, no matter how unreasonable, must be accepted at the risk of losing all compensation from the date the settlement offer was made until the date the case is concluded. A fairer interpretation of the statute would be to say, as must be said here, that an offer of a mere pittance in attorney's fees does not trigger that section of the statute that precludes an award of attorney's fees for time spent on the case after the settlement offer was made if the plaintiff ultimately secures no more relief that that which was originally offered.
Plaintiffs were therefore substantially justified in rejecting the settlement offer based solely on the fact that defendant only offered $300 in attorney's fees for counsel's work on behalf of Yeager and J.Y.
In summary, the Court concludes that plaintiffs should be reimbursed as follows for work performed by Houck:
Attorney's Fees Costs Total Amount Due
Lakesia Brighthaupt and J.B. $23,996.63 n/a $23,996.63
Monica Browne and M.Y. $18,923.63 n/a $18,923.63
Ja'Quelle Yeager and J.Y. $24,196.88 $170.10 $24,366.98
TOTAL DUE: $67,287.24
For the reasons stated above, it is, therefore, hereby,
Appendix
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
9/20/2012 TC with mother who went to IEP meeting today for CH 0.2 0.2 $435.00 $333.75 $66.75
J. They refused to evaluate, despite her request.
Mother said she was referred by social worker
from DC agency. Discussed her legal rights if DCPS
did not agree to evaluate and should have.
Mother agrees she would like to meet and pursue
legal case.
9/20/2012 Rec/rev IEP and meeting notes mother faxed to CH 0.6 0.6 $435.00 $333.75 $200.25
me. IEP is not based on any evaluations and [is]
vague and not measurable.
9/25/2012 Meeting with client. Went through the records she CH 2 2 $435.00 $333.75 $667.50
brought and took an extensive educational history.
Explained the legal process, and parent agreed to
move forward, as I told her that she has a legal
case against DCPS for not evaluating J for at least 6
years.
10/2/2012 Records request to DCPS and Kelly Miller. CH 0.5 0.5 $435.00 $333.75 $166.88
10/2/2012 Refer case to educational consultant Twilah CH 0.4 0.8 $435.00 $333.75 $133.50
Anthony to assist in preparing case, including
meeting with student [and] informal testing.
10/5/2012 Arrange to pick up records from Kelly Miller. CH 0.1 0.1 $435.00 $333.75 $33.38
10/5/2012 Begin reviewing educational file from Kelly Miller. CH 1.6 1.5 $435.00 $333.75 $534.00
10/6/2012 Rec/rev results of informal testing performed by CH 0.5 0.5 $435.00 $333.75 $166.88
educational consultant Twilah Anthony. J is very
low in all areas, has muscular dystrophy and
serious mobility issues.
10/6/2012 Continue reviewing file picked up from Kelly Miller, CH 0.7 0.7 $435.00 $333.75 $233.63
several IEPs, but no evaluations.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
10/7/2012 Continue reviwing file and developing educational CH 1.3 1.3 $435.00 $333.75 $433.88
history to include as background information in HR.
No evaluations, but many progress reports and
some discipline papers.
10/10/2012 Begin drafting HR for failure to evaluate and failure CH 1 1 $435.00 $333.75 $333.75
to develop adequate IEPs.
10/11/2012 Continue drafting HR, including researching statute CH 1 1 $435.00 $333.75 $333.75
requiring parent's signature if team determines not
to evaluate student at triennial meeting. Parent is
required to give consent in writing, otherwise DCPS
is required to evaluate.
10/12/2012 Meet with parent to review HR and gain her CH 0.3 0.3 $435.00 $333.75 $100.13
approval, pending some minor changes. Went
over educational history in detail.
10/13/2012 Complete HR. 31 factual allegations and 5 issues. CH 1.5 1.5 $435.00 $333.75 $500.63
10/15/2012 File HR with SHO and OGC. CH 0.1 0.1 $435.00 $333.75 $33.38
10/17/2012 Rec/rev hearing notice. Massey/Washington. CH 0.1 0.1 $435.00 $333.75 $33.38
10/18/2012 Rec/rev initial order from HO. Calendar dates and CH 0.2 0.2 $435.00 $333.75 $66.75
instructions.
10/25/2012 Rec/rev DCPS response to HR, denies that DCPS
has violated rights, even though there are no CH 0.3 0.3 $435.00 $333.75 $100.13
evaluations in his file.
10/26/2012 TC with mother to discuss DCPS response, which
essentially states that the mother has not been CH 0.2 CI.2 $435.00 $333.75 $66.75
truthful. Mother confirms again her statements
and desire to go forward.
11/13/2012 Negotiate date for prehearing conf with HO and CH 0.3 0.3 $435.00 $333.75 $100.13
OGC.
11/18/2012 Prepare for participation in prehearing conference. CH 0.5 0.5 $435.00 $333.75 $166.88
i
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
11/19/2012 Participate in prehearing conference. CH 0.4 0.4 $435.00 $333.75 $133.50
11/19/2012 Negotiate date for RM with OSE CH 0.2 0.2 $435.00 $333.75 $66.75
11/21/2012 Rec/rev PHO, certifying all issues requested. Note CH 0.4 0.4 $435.00 $333.75 $133.50
all requ[ire]ments for Petitioner to follow.
11/27/2012 Prepare mother for RM. CH 0.7 0.7 $435.00 $333.75 $233.63
11/28/2012 Participate in RM. TA 0 0 $435.00 $333.75 $0.00
11/30/2012 Review all documents from RM, including notes CH 0.5 0.5 $435.00 $333.75 $166.88
and disposition forms.
11/30/2012 Notify HO, at her request, of status of case CH 0.2 0.2 $435.00 $333.75 $66.75 1
following RM.
11/30/2012 Begin hearing preparation by reviewing all IEPs and CH 1.5 1.5 $435.00 $333.75 $500,63
talking with educational consultant to determine
what evaluations we will need expert witnesses
for. Determine we need an expert for every
evaluation we are rellquesting.
11/30/2012 TC with Dr. Zeitlin requesting that she testify as an CH 0.3 0.3 $435.00 $333.75 $100.13
expert witness at DPH as to why updated
evaluation is n[e]cessary.
12/1/2012 Contact Tracey Ellis. OT by phone to see if she will
review file and testify as to why J requires() an OT CH 0.3 0.3 $435.00 $333.75 $100.13
evaluation. Agrees to testify by phone.
12/1/2014 Contact Dr. Paleg, PT, by phone to see if she will be CH 0.2 0.2 $435.00 $333.75 $66.75
willing to testify at hearing as expert witness. Sent
her file for her review.
12/2/2012 Begin preparing disclosures for DPH. CH 1.5 1.5 $435.00 $333.75 $500.63
12/2/2012 TC with Dr. P[ajleg, who agrees to testify. She will CH 0.2 0.2 $435.00 $333.75 $66.75
meet with student.
12/3/2012 Prepare brief regarding all witnesses' testimony, CH 0.7 0.7 $435.00 $333.75 $233.63
per HOs request.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
12/3/2012 Continue preparing disclosures, complete. 17 CH 2 2 $435.00 $333.75 $667.50
documents, 7 witnesses, all except parent to
qualify as expert.
12/4/2012 Rec/rev DCPS disclosures. 7 witnesses, all CH 0.3 0.3 $435.00 $333.75 $100.13
testifying as to why J does not need to receive
triennial evaluations.
12/4/2012 File disclosures with OGC, HO, and SHO. CH 0.1 0.1 $435.00 $333.75 $33.38
12/4/2012 Send disclosures, both DCPS and Pet's to all CH 0.2 0.2 $435.00 $333.75 $66.75
witnesses.
12/6/2012 Research DCPS witnesses, inc. qualifications, as CH 0.7 0.7 $435.00 $333.75 $233.63
they will testify as to why J does not require
evaluations in 6 years.
12/7/2012 Prepare opening and closing statements for DPH. CH 1 1 $435.00 $333.75 $333.75
12/7/2012 Prepare all questions for witnesses and send. CH 2.2 2.2 $435.00 $333.75 $734.25
12/8/2012 Tconf with Dr. Zeitlin to prepare her for DPH. CH 0.3 0.3 $435.00 $333.75 $100.13
Agrees to be present in person.
12/8/2012 Tconf with Dr. P[ajleg to prepare her to testify as CH 0.2 0.2 $435.00 $333.75 $66.75
PT expert. She will participate by phone.
12/9/2012 Tconf with Tracey Ellis to prepare her for DPH. CH 0.5 0.5 $435.00 $333.75 $166.88
12/10/2012 Meet with parent and [J] to prepare them for CH 2.7 2.7 $435.00 $333.75 $901.13
hearing. Many role plays and went over questions
for direct and cross in detail.
12/10/2012 Meet with Twilah Anthony, advocate to prepare CH 2.3 2.3 $435.00 $333.75 $767.63
for DPH. Prepare questions with her and go over
all her notes from her several meetings with
mother and J.
12/10/2012 Revise questions for witnessses after talking with CH 1 1 $435.00 $333.75 $333.75
each of them.
12/10/2012 Continue preparing for hearing by revising opening CH 0.4 0.4 $435.00 $333.75 $133.50
and closing statements.
12/10/2012 Final review of file, all documents. CH 2 2 $435.00 $333.75 $667.50
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
12/11/2012 Participate in DPH, agree that 2nd issue will be CH 6 6 $435.00 $333.75 $2,002.50
subsumed into 1st issue and that the only relief we
are seeking is ind evaluations (8). Petitioner calls 6
witnesses, and DCPS calls 5 witnesses.
12/11/2012 Meet with parent after hearing to debrief. CH 0.5 0.5 $435.00 $333.75 $166.88
12/28/2012 Rec/rev HOD. Prevailed in every area, ordered 8 CH 0.5 0.3 $435.00 $333.75 $166.88
independent evaluations.
1/3/2013 Rec/rev IEE authorization letter for 8 evaluations. CH 0.2 0.2 $435.00 $333.75 $66.75
1/5/2013 Research developmental optomotry evaluators to CH 1 1 $435.00 $333.75 $333.75
determine who to use. Decide to refer to Dr.
Zoller, who will bill DCPS.
1/8/2013 Confer with Dr. Ginny P[a]leg, PT, to determine if CH 0.2 0.2 $435.00 $333.75 $66.75
she can perform APE evaluation, as well as PT. Dr.
P[a]leg confirms she can do both and will bill DCPS.
1/14/2013 Begin research to find independent audiologist CH 1 1 $435.00 $333.75 $333.75
who will evaluat[e] and bill DCPS ata the rate DCPS
will pay
1/15/2013 Refer PT and APE evaluation to Dr. P[a]leg. CH 0.4 0.4 $435.00 $333.75 $133.50
1/15/2013 Online and phone resesarch re. ind evaluations and CH 0.2 0.2 $435.00 $333.75 $66.75
who is qualified and who will perform them at
DCPs rate. Specifically S/L and audiologist.
1/15/2013 Refer developmental vision evaluation to Dr. CH 0.5 0.5 $435.00 $333.75 $166/88
Zoller.
1/15/2013 Continue search for audiologist. Dr. Ruth Boyd will. CH 0.2 0.2 $435.00 $333.75 $66.75
do evaluation.
1/15/2013 Refer audiological evaluation to Dr. Boyd, including CH 0.5 0.5 $435.00 $333.75 $166.88
telephone call to discuss case.
1/15/2013 Refer speech/language evaluation to Dr. Boyd, CH 0.2 0.2 $435.00 $333.75 $66.75
who can do both audiological and S/L
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
1/20/2013 Confer with Dr. P[a]leg who needs more CH 0.3 0.3 $435.00 $333.75 $100.13
information regarding J's disease, as iln] what type
of Muscular Dystrophy he has, it is important in
knowing how to structure recommendations.
1/20/2013 Work with Dr. Zoller's office and parent to make CH 0.8 0.8 $435.00 $333.75 $267.00
arrangements for J to be transported to
appointment, as he requires vehicle that can
accommodate wheel chair.
1/20/2013 Begin investigating OT evaluators to determine CH 0.7 0.7 $435.00 $333.75 $233.63
who can best evaluate student with MD and who
will go to school. Most evaluators want student to
come to office. This is not possible for this
student, as mother does not have car, and he
cannot take public transportation.
1/25/2013 Continue searching for OT evaluator, conclude to CH 0.3 0.3 $435.00 $333.75 $100.13
refer to Skills on the Hill.
1/25/2013 Many attempts over several days to get medical CH 1.5 1.5 $435.00 $333.75 $500.63
records from Children's Hospital, as Dr. P[a]leg
believes that these records are necessary for her to
perform adequate evaluation and report.
1/30/2013 Refer OT evaluation to Skills on the Hill. CH 0.4 0.4 $435.00 $333.75 $133.50
2/7/2013 Rec/rev vision evaluation report from Dr. Zoller, a CH 0.5 0.5 $435.00 $333.75 $166.88
complete developmental evaluation.
2/10/2013 Tconf with Dr. Zoller's office regarding statements CH 0.2 0.2 $435.00 $333.75 $66.75
in report that require further explanation. Dr.
agrees to clarify her report and resend.
2/11/2013 Rec/rev audiological evaluation from Dr. Boyd. CH 0.2 0.2 $435.00 $333.75 $66.75
2/14/2013 Rec/rev final vision report from Dr. Zoller and CH 0.3 0.3 $435.00 $333.75 $100.13
notify her that it is complete and acceptable.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
2/15/2013 Ref comp psych ind evaluation to Dr. Zeitlin, CH 0.4 0.4 $435.00 $333.75 $133.50
including TC to discuss case.
2/25/2013 Rec/rev Speech/Language assessment from Dr. CH 0.3 0.3 $435.00 $333.75 $100.13
Boyd
2/25/2013 Research assistive technology evaluators. CH 1 1 $435.00 $333.75 $333.75
2/26/2013 Contact two AT evaluators, both want student to CH 0.4 0.4 $435.00 $333.75 $133.50
come to office.
2/27/2013 Tconf with Conaboy & Asso who will perform CH 0.2 0.2 $435.00 $333.75 $66.75
evaluation in school.
3/1/2013 Refer assistive technology evaluation to Conaboy. CH 0.4 0.4 $435.00 $333.75 $133.50
3/15/2013 Continued corres with records department at CH 0.3 0.3 $435.00 $333.75 $100.13
Children's Hosp over several days trying to get
medical records for Dr. Paleg. Finally received
information as to where to fax request and faxed
request.
3/15/2013 Letter to Children's Hosp requesting that medical CH 0.2 0.2 $435.00 $333.75 $66.75
records be expedited to me, as we need them in
order to complete evaluations and determine
placement for student.
4/5/2013 Rec/rev OT evaluation report for Ms. Masci. CH 0.4 0.4 $435.00 $333.75 $133.50
4/17/2013 Rec/rev comp psych report from Dr. Zeitlin. CH 0.3 0.3 $435.00 $333.75 $100.13
4/18/2013 Rec/rev independent PT evaluation report from Dr. CH 0.3 0.3 $435.00 $333.75 $100.13
P[a]leg.
4/18/2013 Rec/rev independent adaptive PE report from Dr. CH 0.2 0.2 $435.00 $333.75 $66.75
P[a]leg.
4/18/2013 Provide 7 independent reports to SEC at Kelly CH 0.2 0.2 $435.00 $333.75 $66.75
Miller and CCM for HOD.
4/20/2013 TC with AT evaluator who needs to help in making CH 0.2 0.2 $435.00 $333.75 $66.75
sure J is available and in school for evaluation.
Confirm with mother.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
5/6/2013 Rec/rev assistive technology report from Conaboy. CH 0.3 0.3 $435.00 $333.75 $100.13
5/7/2013 Provide last of 8 reports to DCPS. CH 0.1 0.1 $435.00 $333.75 $33.38
5/7/2013 Letter to DCPS requesting that they schedule CH 0.2 0.2 $435.00 $333.75 $66.75
meeting pursuant to HOD.
5/10/2013 Tconf with Kristin Conaboy who explains meaning CH 0.5 0.5 $435.00 $333.75 $166.88
of her report and recommendations to me, so that
I can explain to mother and J. Atty unfamiliar with
assistive technology evaluations.
5/15/2013 Corres with SEC at Kelly Miller regarding our CH 0.4 0.4 $435.00 $333.75 $133.50
request that DCPS provide us with reviews of ind
evaluations prior to meeting, in order to facilitate
process.
5/20/13 Meet with parent, advocate, and 1 to begin CH 2 2 $435.00 $333.75 $667.50
reviewing all evaluation reports (1st 4 of 8).
5/20/2013 Corres with SEC at Kelly Miller stating he is not CH 0.2 0.2 $435.00 $333.75 $66.75
required by law to provide any information prior to
meeting and will not do so.
5/25/2013 Second meeting meeting with parent, advocate, and J to CH 1.7 1.7 $435.00 $333.75 $567.38
review next group of 4 independent evaluation
reports.
5/25/2013 Begin preparing for IEP meeting per HOD. CH 1 1 $435.00 $333.75 $333.75
5/28/2013 Continue preparing for IEP meeting per HOD. CH 0.5 0.5 $435.00 $333.75, $166.88
5/29/2013 Meet with parent and advocate prior to IEP CH 1 1 $435.00 $333.75 $333.75
meeting for final preparation.
5/29/2013 Participate, along with parent and advocate in IEP CH 3.5 3.5 $435.00 $333.75 $1,168.13
meeting held pursuant to HOD. DCPS had 8
evaluators present to review all 8 independent
evaluations. E ach one had a written report, but
had not provided it before today.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
5/30/2013 Tconf with parent and advocate to debrief after IEP CH 0.4 0.4 $435.00 $333.75 $133.50
meeting. Determine that we will not accept IEP.
Parent will not sign her agreement. Refused to
provide OT and PT for student with multiple
disabilities.
6/4/2013 Rec/rev IEP from SEC at Kelly Miller. CH 1 1 $435.00 $333.75 $333.75
6/4/2013 Rec/rev eligibility determination worksheets from CH 0.6 0.6 $435.00 $333.75 $200.25
SEC at Kelly Miller.
6/12/2013 Meet with parent after sending IEP and eligibility CH 0.4 0.4 $435.00 $333.75 $133.50
determination papers to her. Agree that I will
write letter to school explaining why we reject.
6/12/2013 Prepare letter to SEC at Kelly Miller rejecting IEP, CH 0.3 0.3 $435.00 $333.75 $100.13
but confirming that parent wants it implemented,
she will not sign her agreement.
71.9 $23,996.63
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
1/7/2013 Rec call from admissions director at Ivymount CH 0.2 0.2 $435.00 $333.75 $66.75
referring me case. Parents came in concerned that
their son was scheduled to graduate from High
Road and is not prepared for any transition.
1/8/2013 TC with parents regarding M. Want to take CH 0.2 0.2 $435.00 $333.75 $66.75
whatever legal steps are necessary to prevent a
premature exit from sped.
1/11/2013 Meet with parents to begin process of preparing CH 1.5 1.5 $435.00 $333.75 $500.63
legal case. Parents bring documents and take
extensive educational history.
1/11/2013 Records request to James E. Brown & Asso who CH 0.4 0.4 $435.00 $333.75 $133.50
was attorney before they downsized and referred
clients out.
1/11/2013 Records request to pro bono attorneys from CH 0.3 0.3 $435.00 $333.75 $100.13
Children's Law Center, who clients do not believe
are fully understanding their case. CLC attorneys
took case from JEBrown.
1/11/2013 Send letter signed by parents releasing pro bono CH 0.1 0.1 $435.00 $333.75 $33.38
attorneys
1/14/2013 TC with Miguel Hull with JEB to review case history CH 0.3 0.3 $435.00 $333.75 $100.13
with him. He also says that he provided most
documents to new lawyers, but has everything
scanned and will send to me.
1/14/2013 Rec 400 pages of documents from JEB fim. CH 0.2 0.2 $435.00 $333.75 $66.75
1/16/2013 TC with pro bono attorneys regarding records I CH 0.1 0.1 $435.00 $333.75 $33.38
need. They agree to email me all documents they
have.
1/18/2013 Received files from pro bono attorney, apears to CH 0.3 0.3 $435.00 $333.75 $100.13
be many duplicates. Determine I do not need to
review JEB files.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
1/18/2013 Begin reviewing educational files From prior
attorneys, more than 300 pages. CH 2.5 2.5 $435.00 $333.75 $834.38
1/20/2013 Continue reviewing files, taking what) need, and
beginning to draft educational record. CH 3 3 $435.00 $333.75 $1,001.25
1/20/2013 TC with father regarding case status and discuss
when I can file complaint. CH 0.2 0.2 $435.00 $333.75 $66.75
1/21/2013 Continue reviewing files and developing
educational record. CH 2 2 $435.00 $333.75 $667.50
1/23/2013 Complete file review through 8/30/12, when
clients were dismissed by JEB and went to probono
attorneys. CH 0.3 0.3 $435.00 $333.75 $100.13
1/25/2013 Begin reviewing file from Sept 2012 through Jan
2013. Consists mainly of requests to fund ind
evaluations, due to disagreement with DCPS
evaluations. CH 1 1 $435.00 $333.75 $333.75
2/1/2013 Continue reviewing documents. Five requests to
DCPS to fund evaluations, cannot find one reply
from DCPS. CH 0.5 0.5 $435.00 $333.75 $166.88
2/4/2013 TC with prior attorney confirming that no one from
DCPS ever responded to their several requests to
fund ind e[v]aluations. CH 0.1 0.1 $435.00 $333.75 $33.38
2/6/2013 Review in detail the evaluation report that parents
obtained independently, a S/L report that is 19
pages long, plus a school observation report to
accompany it. Extremely comprehensive. CH 1 1 $435.00 $333.75 $333.75
2/6/2013 First TC with ind S/L evaluator, who confirms that
she has not been paid. I explained to her that I
would be filing for funding. Explained that DCPS
pays only $807 for S/L evaluation. Her fee is CH 0.2 0.2 $435.00 $333.75 $66.75
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
2/6/2013 Further file review. Determine that ind S/L was
sent to DCPS on 10/12/12. Now, 4 months later, it
has still not been reviewed. CH 0.4 0.4 $435.00 $333.75 $133.50
2/7/2013 2nd meeting with parents, who are insistent that
we file to get these evaluations funded as soon as
possible, as it is clear that DCPS will not be
responding. CH 1.5 1.5 $435.00 $333.75 $500.63
2/8/2013 Meet with parents to review independent S/L
report with them. They have it, but no one had
[ever gone] over it with them and discussed the
findings. They are now more intent than ever to
file complaint for reimbursement for S/L and for
funding for the comp psych that has been
requested twice with no reply. CH 1 1 $435.00 $333.75 $333.75
2/10/2013 Begin drafting HR. Determine after speaking with
parents that we will file this time only on getting
evaluations funded, as first step in trying to stop
graduation process, but the graduation is
premature at this time. CH 1 1 $435,00 $333.75 $333.75
2/11/2013 Continue drafting HR, focusing on factual issues. CH 1.7 1.7 $435.00 $333.75 $567.38
2/11/2013 Meet with parents to review HR, make sure all
factual allegations are correct and obtain their
approval to file. Discussed several corrections and
then can file. CH 0.3 0.3 $435.00 $333.75 $100.13
2/12/2013 Correct HR, per meeting with parents. CH 0.2 0.2 $435.00 $333.75 $66.75
2/13/2013 File HR with OGC and SHO. CH 0.1 0.1 $435.00 $333.75 $33.38
2/19/2013 Rec/rev DCPS response denying all allegations in
HR. CH 0.3 0.3 $435.00 $333.75 $100.13
2/26/2013 Rec offer of settlement from DCPS. CH 0.3 0.3 $435.00 $333.75 $100.13
2/28/2013 Rec second and "final" offer of settlement from
DCPS, this time from the OGC. CH 0.3 0.3 $435.00 $333.75 $100.13
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
3/1/2013 Meet with both parents to review DCPS' two
proposed S[A]s. Go over pros and cons, parents
refuse to give up comp. ed, which is the basis of
their complaints. Parents reject both S[A]s. CH 0.7 0.7 $435.00 $333.75 $233.63
3/1/2013 Corres with OGC rejecting both SAs and providing
basis for rejection for each one. CH 0.6 0.6 $435.00 $333.75 $200.25
3/1/2013 Speak with two psychologists with experience
evaluating students with autism. Neither will
evaluate for DCPS rates, confirming our position in
HR. CH 0.5 0.5 $435.00 $333.75 $166.88
3/4/2013 Rec/rev DCPS Motion to Dismiss due to failure to
state a claim and mootness. CH 0.3 0.3 $435.00 $333.75 $100.13
3/4/2013 Research case law cited in DCPS Motion and
determine it is not relevant to this case. CH 0.5 0.5 $435.00 $333.75 $166.88
3/4/2013 Tconf with Dr. Zeitlin. Explain situation with
student and prior request for funding. She states
this is difficult and complex case, cannot do it for
DCPS rates. CH 0.3 0.3 $435.00 $333.75 $100.13
3/4/2013 Tconf with parents regarding Dr. Zeitlin after
sending them her CV. Parents agree to refer case
to Dr. Zeitlin to evaluate. CH 0.2 0.2 $435.00 $333.75 $66.75
3/5/2013 Refer ind comp psych evaluation to Dr. Zeitlin. CH 0.3 0.3 $435.00 $333.75 $100.13
3/6/2013 Begin drafting response to DCPS motion to dismiss. CH 1 1 $435.00 $333.75 $333.75
3/7/2013 Continue drafting response to motion to dismiss,
inc required research. CH 1.2 1.2 $435.00 $333.75 $400.50
3/8/2013 File Pet's response to DCPS motion to dismiss with
OGC and SHO. CH 0.1 0.1 $435.00 $333.75 $33.38
3/10/2013 Prepare for PHC by reviewing records and law. CH 0.7 0.7 $435.00 $333.75 $233.63
3/11/2013 Participate in PHC. CH 0.8 0.8 $435.00 $333.75 $267.00
3/12/2013 Prehearing Order from HD Dietrich CH 0.3 0.3 $435.00 $333.75 $100.13
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
3/12/2013 TC with parents to discuss results of PHC. CH 0.2 0.2 $435.00 $333.75 $66.75
3/13/2013 Rec/rev Order Denying DCPS Motion to Dismiss. CH 0.3 0.3 $435.00 $333.75 $100.13
3/15/2013 Compile all emails previously sent to DCPS by prior
Counsel [to] determine that they are complete, per
her request and per agreement at the prehearing
conference. CH 0.5 0.5 $435.00 $333.75 $166.88
3/15/2013 Send all emails regarding evaluations to Maya W.
per her request and our agreement at PHC. CH 0.1 0.1 $435.00 $333.75 $33.38
3/18/2013 Rec/rev DCPS' Second Motion to Dismiss. CH 0.4 0.4 $435.00 $333.75 $133.50
3/19/2013 Rec/rev notice from SHO that HO Dietrich is
removed from case and HO Massey is assigned. CH 0.1 0.1 $435.00 $333.75 $33.38
3/20/2013 Prepare response to DCPS' second motion to
dismiss, including more research and consult with
colleagues. CH 1.2 1.2 $435.00 $333.75 $400.50
3/21/2013 Rec/rev Dr. Zeitlin's comprehensive psychological
evaluation per HOD. CH 0.5 0.5 $435.00 $333.75 $166.88
3/21/2013 File response to DCPS' second Motion to Dismiss. CH 0.1 0.1 $435.00 $333.75 $33.38
3/25/2013 Meet with parents to review Dr. Zeitlin's report.
Confirms dx of autism. CH 0.5 0.5 $435.00 $333.75 $166.88
4/1/2013 Rec/rev invoice from Weinfeld, Inc. for S/L
evaluation. CH 0.1 0.1 $435.00 $333.75 $33.38
4/1/2013 Rec/rev invoice from Dr. Zeitlin for comp psych
evaluation. CH 0.1 0.1 $435.00 $333.75 $33.38
4/5/2013 Rec/rev HO Massey's Order deying DCPS' second
Motion to Dismiss CH 0.3 0.3 $435.00 $333.75 $100.13
4/6/2013 Begin preparing disclosures, as hearing will be
going forward. CH 1.5 1.5 $435.00 $333.75 $500.63
4/7/2013 Continue preparing disclosures. CH 0.5 0.5 $435.00 $333.75 $166.88
4/8/2013 File Disclosures with SHO. 26 documents, 7
witnesses, 2 experts. CH 0.1 0.1 $435.00 $333.75 $33.38
4/8/2013 Rec/rev DCPS disclosures. CH 0.5 0.5 $435.00 $333.75 $166.88
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
4/9/2013 TC with Dr. Zeitlin regarding market rates to make CH 0.2 0.2 $435.00 $333.75 $66.75
sure she has data to back up her statements.
Meet with parents to prepare them for DPH.
Parents need to be prepared for extensive cross
4/10/2013 regarding their requests for add'l funding over CH 2 2 $435.00 $333.75 $667.50
superintendent's guidelines.
4/10/2013 Tconf with S/L evaluator, hearing prep. She may CH 0.5 0.5 $435.00 $333.75 $166.88
have to def[e]nd her evaluation and discuss her
rates.
4/10/2013 Tconf with Dr. Zeithlin regarding need for her to CH 0.4 0.4 $435.00 $333.75 $133.50
possibly defend her evaluation and to discuss
market rates from her research.
4/10/2013 Prepare for DPH by writing opening and closing CH 2 2 $435.00 $333.75 $667.50
statements and all questions for expert wintesses.
4/12/2013 Prepare for DPH by reviewing all documents, case CH 1.7 1.7 $435.00 $333.75 $567.38
law regarding market rates for evaluations, esp in
DC, where superintendent's guidelines prevail.
4/13/2013 Participate in DPH, DCPS comes to hearing stating CH 1.8 1.8 $435.00 $333.75 $600.75
it will comply with partent's request for additional
funding at market rates for evals. Much discussion
as to how to proceed. HO determines to issue
order. DCPS does not object.
4/14/2013 Receive/review HOD. Orders that evaluations be CH 0.5 0.5 $435.00 $333.75 $166.88
reimbursed at market rates for their evaluations,
due to DCPS' failure to respond to requests.
4/15/2013 Rec/rev revised HOD to correct error on last page. CH 0.1 0.1 $435.00 $333.75 $33.38
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
5/1/2013 Corres, several, with OGC regarding wording of IEE CH 0.7 0.7 $435.00 $333.75 $233.63
letters for evalutors to submit for funding.
5/2/2013 Discussion and continued corres back and forth CH 0.2 0.2 $435.00 $333.75 $66.75
with OGH regarding wording of IEE authorization
per HOD. DGC declines to word authorization to
make it easier for evaluators to obtain payment.
5/2/2013 Prepare for IEP meeting per HOD by reviewing all CH 1 1 $435.00 $333.75 $333.75
document.
5/2/2013 Prepare for IEP meeting by conferencing with Dr. CH 1.2 1.2 $435.00 $333.75 $400.50
Zeitlin and Dr. Spencer, who will speak on behalf of
their reports, per HOD.
5/2/2013 Meet with parents prior to meeting per HOD to CH 1 1 $435.00 $333.75 $333.75
prepare for meeting.
5/3/2013 Participate in MDT meeting to review the two CH 3.5 3.5 $435.00 $333.75 $1,168.13
independent reports, determine new eligibility, if
warranted, revise IEP, and determine placement.
DCPS team agreed after 4 hours to change
disability to Autism and to delay graduation, as a
result. DCPS did not revise IEP, but agreed to
revise and send to us. We will then determine if a
second meeting is necessary, DCPS refused to
discuss placement.
5/3/2013 Meet with parents following meeting. Very CH 0.5 0.5 $435.00 $333.75 $166.68
pleased we conviced DCPS to change disability
classification and delay graduation as a result.
Conce[rn]ed that DCPS still hasn't revised the IEP.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
5/3/2013 Conf with parents and relatives who attended CH 0.3 0.3 $435.00 $333.75 $100.13
meeting today regarding actions of LEA
representative and intention to file complaint due
to her expressed anger over team agreeing to
change disability over her wishes and her out of
control behavior.
5/3/2013 TC with Dr. Zeitlin who wants to write letter CH 0.2 0.2 $435.00 $333.75 $66.75
regarding LEA's out of control actions.
5/3/2013 TC with Dr. Spencer, who states she was appalled CH 0.2 0.2 $435.00 $333.75 $66.75
at LEA's behavior and would like to write letter in
support of a complaint.
5/3/2013 Letter to OGC explaining that I will ask evaluators CH 0.3 0.3 $435.00 $333.75 $100.13
to submit their invoices based on what OGC says
will suffice, and that we will come back to OGC it
declined.
5/8/2013 Correspondence with Ben Persett regarding CH 0.3 0.3 $435.00 $333.75 $100.13
implementation of HOD. He assures parents that
IEP will be completed and in our hands by 5/10/13.
5/9/2013 TC with parents regarding requesting that DCPS CH 0.2 0.2 $435.00 $333.75 $66.75
change placement to Frost School, as it has a
program for students on the Autism spectrum.
Agree to try to do this without filing a complaint.
5/10/2013 Correspondence with Ben Persett regarding IEP CH 0.4 0.4 $435.00 $333.75 $133.50
due today. State that parents will file HR for failure
to comply to HOD if we do not get the IEP by
Monday.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
5/13/2013 Rec/rev drafted by HRA. Disability classification CH 1.1 1.1 $435.00 $333.75 $367.13
IEP changes to Autism. IEP is essentially the same
IEP as was developed in October 2012. Compared
both IEPs and only changes is the addition of some
common core standatds. All goals are the same.
The transition section is a photocopy.
5/13/2013 Rec/rev PWN changing to Autism. Statement CH 0.1 0.1 $435.00 $333.75 $33.38
regarding parents' agreement that DCPS can
amend without a meeting is not correct.
5/14/2013 Confer with parents after emailing them the IEP CH 0.3 0.3 $435.00 $333.75 $100.13
Agree that it is not as decided at the meeting or as
written in the meeting notes. Parents wish to
proceed with a legal claim.
56.7 $18,923.63
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
11/23/2012 Initial meeting with mother after speaking with her CH 1.5 1.5 $435.00 $333.75 $500.63
on the phone about her child and potential legal
case. Child is at Sharpe Health, she has severe CP,
but receiving no services at Sharpe. Mother is
there several times a week and observes. Mother
has no evaluation reports and does not believe she
has been evaluated in several years. Met her in
her home and observed J. Mother wants to
proceed with legal claim.
12/14/2012 Recods requests to Sharpe Health and OSE. CH 0.5 0.5 $435.00 $333.75 $166.88
12/15/2012 Review records mother gave me, which are CH 0.3 0.3 $435.00 $333.75 $100.13
progress reports only.
1/5/2013 Rec and begin reviewing records from Sharpe CH 1.7 1.7 $435.00 $333.75 $567.38
Health. 130 pages of service trackers and progress
reports and IEP. Only one evaluation which is a
developmental from 2009.
1/7/2013 Continue reviewing records and preparing CH 0.5 0.5 $435.00 $333.75 $166.88
educational history in order to write HR.
1/10/2013 Review all service trackers and prepare CH 2 2 $435.00 $333.75 $667.50
spreadsheet in order to include information in
hearing request and for comp ed purposes.
1/15/2013 Being drafting HR. CH 0.7 0.7 $435.00 $333.75 $233.63
1/15/2013 Rev dev report, which is only evaluation in file. CH 0.4 0.4 $435.00 $333.75 $133.50
1/15/2013 Send Dev report to 4 therapists for their expert CH 0.1 0.1 $435.00 $333.75 $33.38
opinion as to whether to request evaluations at a
hearing.
1/17/2013 Continue drafting HR, inc several phone calls with CH 2.5 2.5 $435.00 $333.75 $834.38
mother to clarify facts.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
1/18/13 Consult with psych after sending dev report to her CH 0.2 0.2 $435.00 $333.75 $66.75
to see if someone so low can be further evaluated.
1/18/2013 Consult with SL therapist after sending dev report CH 0.2 0.2 $435.00 $333.75 $66.75
to her to see if someone so low can be further
evaluated and that we should ask for additional
evaluation, to remain current, at hearing.
1/18/2013 Consult with TO therapist after sending dev report CH 0.2 0.2 $435.00 $333.75 $66.75
to her to see if someone so low can be further
evaluated and that we should ask for additional
evaluation, to remain current, at hearing.
1/18/2013 Consult with physical therapist after sending dev CH 0.2 0.2 $435.00 $333.75 $66.75
report to her to see if someone so low can be
further evaluated and that we should ask for
additional evaluation, to remain current, at
hearing.
1/20/2013 Continue drafting HR, reviewing documents. CH 1 1 $435.00 $333.75 $333.75
1/27/2013 Meet with mother to review HR and get her CH 0.8 0.8 $435.00 $333.75 $267.00
approval. Mother corrected some facts and dates.
1/28/2013 Revise HR after speaking with mother. CH 0.4 0.4 $435.00 $333.75 $133.50
2/1/2013 File HR with OGC and SHO. 33 factual allegations. CH 0.1 0.1 $435.00 $333.75 $33.38
approval. Mother corrected some facts and dates.
2/5/2013 Rec/rev DCPS response to Hr. Denied all CH 0.4 0.4 $435.00 $333.75 $133.50
allegations, stated did not require services, as the
is too low to benefit.
2/6/2013 Rec/rev order on timelines, etc. Calendar all dates CH 0.2 0.2 $435.00 $333.75 $66.75
and note all instructions.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
2/6/2013 Share DCPS response with parent so that she will CH 0.2 0.2 $435.00 $333.75 $66.75
have understanding as to what we will be up
against at hearing.
2/8/2013 Negotiate RM date and time with DCPS. CH 0.4 0.4 $435.00 $333.75 $133.50
2/10/2013 Prepare mother for RM. CH 0.5 0.5 $435.00 $333.75 $166.88
2/11/2013 Participate in RM. Case did not resolve, parties did CH 0 0 $435.00 $333.75 $0.00
not agree to shorten timeline.
2/11/2013 Rec/rev proposed SA from OGC. Does not allow CH 0.4 0.4 $435.00 $333.75 $133.50
for attorney fees and forces client to give up all
comp ed.
2/13/2013 Meet with mother to review PSA, explain pros and CH 0.6 0.6 $435.00 $333.75 $200.25
cons of accepting, and mother determines she will
not accept PSA.
2/13/2013 Corres with OGC rejecting PSA and explaining CH 0.5 0.5 $435.00 $333.75 $166.88
reasons for decision.
2/13/2013 Many emails back and forth trying to set PHC. CH 0.4 0.4 $435.00 $333.75 $133.50
2/13/2013 Corres with Mr. Jaffe, copy HO, asking that he not CH 0.3 0.3 $435.00 $333.75 $100.13
involve HO in corres re attempting to settle case.
2/13/2013 Corres from HO asking Mr. Jaffe not to involve her CH 0.3 0.3 $435.00 $333.75 $100.13
in settlement talks.
2/13/2013 Rec/rev order regarding preharing subjects. CH 0.2 0.2 $435.00 $333.75 $66.75
2/14/2013 Rec second PSA, this time pursuant to 1415(i)(3). CH 0.3 0.3 $435.00 $333.75 $100.13
2/14/2013 Letter to HO Dietrich asking that she order Mr. CH 0.4 0.4 $435.00 $333.75 $133.50
Jaffe to stop involving her in set neg.
2/14/2013 Comm with mother regarding 2nd PSA. Mother CH 0.3 0.3 $435.00 $333.75 $100.13
rejects this, as well.
2/15/2013 Respond/counter DCPS PSA. CH 0.5 0.5 $435.00 $333.75 $166.88
2/15/2013 Rev corres from Mr. Jaffe to HO stating that I am CH 0.2 0.2 $435.00 $333.75 $66.75
filing frivolous lawsuit.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
2/15/2013 Corres from HO asking that I file a motino to stop CH 0.2 0.2 $435.00 $333.75 $66.75
settlement talks from entering record.
2/15/2013 Rec/rev stronger letter from HO Dietrich asking CH 0.2 0.2 $435.00 $333.75 $66.75
Jaffe not to include her in set talks.
2/15/2013 Prepare motion to strike set negs from the record, CH 0.8 0.8 $435.00 $333.75 $267.00
specifically asking Mr. Jaffe to withdraw his offer of
set from the HO record.
2/16/2013 Begin researching local rules and federal rules CH 2 2 $435.00 $333.75 $667.50
regarding set talks and offers of judgment.
2/16/2013 Consult with colleagues and review case law CH 1 1 $435.00 $333.75 $333.75
regarding using courts rules and FRCP as analogy
here. Determine this is how to proceed.
2/17/2013 Review all emails back and forth with OGC, more CH 1.2 1.2 $435.00 $333.75 $400.50
than 30, to determine which ones involve
settlement discussions, assemble these documents
and prepare to include them as exhibits which
should be excluded from the record.
2/17/2013 Prepare exhibits for filing. CH 0.4 0.4 $435.00 $333.75 $133.50
2/18/2013 Complete Memo in Support of Motion by CH 2.5 2.5 $435.00 $333.75 $834.38
continuing research and writing memo.
2/18/2013 Finalize memo in support of motion. CH 0.4 0.4 $435.00 $333.75 $133.50
2/19/2013 File Motion to Prohibit Settlement Negotiations CH 0.1 0.1 $435.00 $333.75 $33.38
from Entering Record, including all supporting
documents.
2/19/2013 Recirev DCPS' response to Motion to Strike CH 0.3 0.3 $435.00 $333.75 $100.13
Settlement Negotia[t]ions from the Record.
2/21/2013 Prepare for PHC by reviewing all relevant records CH 0.5 0.5 $435.00 $333.75 $166.88
and notes from my research.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
2/22/2013 Participate in prehearing conf. HO reframed issues CH 1.2 1.2 $435.00 $333.75 $400.50
into 5 separate issues and certified them for DPH.
2/24/2013 Rec/rev prehearing order CH 0.3 0.3 $435.00 $333.75 $100.13
2/24/2013 Rec/rev Order granting our Motion to strike CH 0.4 0.4 $435.00 $333.75 $133.50
settlement talks.
2/28/2013 Rec/rev DCPS' amended response to HR CH 0.2 0.2 $435.00 $333.75 $66.75
3/1/2013 TC with mother to advise her of amended response CH 0.2 0.2 $435.00 $333.75 $66.75
and explain implications.
3/1/2013 Corres with Jaffe requesting that he assist us in CH 0.3 0.3 $435.00 $333.75 $100.13
getting observers into classroom, as this is part of
evaluation, and DCPS policy states it is allowed.
3/2/2013 Rec/rev DCPS obs policy report and form required CH 0.3 0.3 $435.00 $333.75 $100.13
for observers from SEC at Sharpe Health.
3/2/2013 Rec notification from OGC, Jaffe that observers will CH 0.2 0.2 $435.00 $333.75 $66.75
not be allowed in classroom to observe J as part of
the ind evaluation they are preparing for and for
hearing preparation, despite authorization from
SEC.
3/2/2013 Corres with SEC at Sharpe who states that she CH 0.2 0.2 $435.00 $333.75 $66.75
must reverse her position to allow observers into
classroom, per advice from OGC.
3/3/2013 Second request to Mr. Jaffe for help, stating I will CH 0.2 0.2 $435.00 $333.75 $66.75
file motion if he does not cooperate.
3/3/2013 Final corres from Mr. Jaffe. He will not allow CH 0.2 0.2 $435.00 $333.75 $66.75
observers to enter Sharpe Health to observe.
3/3/2013 Begin drafting motion to allow observers into the CH 1 1 $435.00 $333.75 $333.75
classroom prior to hearing.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
3/4/2013 Begin drafting Memo in Support of Motion, Inc CH 2 2 $435.00 $333.75 $667.50
researching case law and OSEP documents
regarding need to fully prepare for hearing by
observing student.
3/4/201 Continued extensive research from case law, OSEP CH 1.7 1.7 $435.00 $333.75 $567.38
documents, consu[l]tation with colleagues
regarding parent's right to observe student in
classroom or parent's advocate's right, inc if it
relates to upcoming hearing. Determine that we
have strong motion to submit.
3/5/2013 Review all possible exhibits, determine which to CH 0.5 0.5 $435.00 $333.75 $166.88
use, and assemble them for submission.
3/6/2013 Complete memo in support of motion to allow CH 1 1 $435.00 $333.75 $333.75
observers into classroom.
3/7/2013 File motion to Allow Independent Observers into CH 0.1 0.1 $435.00 $333.75 $33.38
Classroom to Observe, including memo, exhibits,
and proposed order.
3/9/2013 Rec/rev DCPS response to our Motion. CH 0.3 0.3 $435.00 $333.75 $100.13
3/18/2013 Rec/rev order on our motion to Allow Observers CH 0.4 0.4 $435.00 $333.75 $133.50
into the Classroom. Granted.
3/18/2013 Corres with Jaffe as to how to set up observations, CH 0.3 0.3 $435.00 $333.75 $100.13
following our successful motion. Agree that I will
deal directly with SEC.
3/18/2013 TCs with all 4 experts/evaluators regarding CH 0.5 0.5 $435.00 $333.75 $166.88
[whether] they will be allowed into school to
observe and they should do so immediately,
before disclosures are due on 3/20.
3/18/2013 Corres with Jaffe asking him to provide me with CH 0.3 0.3 $435.00 $333.75 $100.13
the name of DCPS employee who can bind the
agency, so that I can determine who to talk to, per
Dietrich's order. Jaffe refuses.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
3/18/2013 Receive new observation policy from SEC. CH 0.3 0.3 $435.00 $333.75 $100.13
Corres with all our observers, providing them the
observation policy and confidentiality agreement
3/19/2013 and directing them to sign and provide short CH 0.5 0.5 $435.00 $333.75 $166.88
observation report within 2 days of their obs, per
new DCPS policy.
3/19/2013 Many emails, back and forth regarding how SEC CH 0.7 0.7 $435.00 $333.75 $233.63
intends to handle new obs[e]rvation policy and
agreement that our obs[e]rvers have to sign prior
to entering classroom.
3/20/2013 Rec/rev ind PT obser[v]ation report. Recommends CH 0.4 0.4 $435.00 $333.75 $133.50
services and comp ed. Ask her to correct it to just
reflect the classroom obs part, as that it what the
order states.
3/23/2013 Begin reviewing all documents in order to CH 1.3 1.3 $435.00 $333.75 $433.88
determine what to submit for disclosures and start
preparing disclosure letter.
3/24/2013 Continue preparing disclosures. CH 1.5 1.5 $435.00 $333.75 $500.83
3/26/2013 Rec/rev psych obs report. CH 0.3 0.3 $435.00 $333.75 $100.13
3/26/2013 Rec/rev S/L obs report. CH 0.2 0.2 $435.00 $333.75 $66.75
3/26/2013 Rec/rev PT corrected obs report. CH 0.3 0.3 $435.00 $333.75 $100.13
3/26/2013 Rec/rev TO obs report. CH 0.2 0.2 $435.00 $333.75 $66.75
3/26/2013 Continue preparing disclosures, inc providing CH 4 4 $435.00 $333.75 $1,335.00
thrust of testimony for all expert witnesses.
3/27/2013 File disclosures with OGC and SHO. 29 documents, CH 0.1 0.1 $435.00 $333.75 $33.38
4 expert witnesses.
3/27/2013 Notice to Jaffe that I did not receive disclosures. CH 0.1 0.1 $435.00 $333.75 $33.38
3/28/2013 Begin hearing preparation by wilting opening CH 1.5 1.5 $435.00 $333.75 $500.63
statement
3/28/2013 Continue hearing preparaion by starting to prepare CH 2 2 $435.00 $333.75 $667.50
questions for all 4 experts.
Date of Description Attorney Hours Hours Hourly Rate Hourly Rate Costs Total
Service Claimed Allowed Claimed Allowed Allowed
3/29/2014 Continue preparing questions for experts and CH 1 1 $435.00 $333.75 $333.75
begin working on questions for mother.
3/29/2013 Send questions to each expert and make plans to CH 0.1 0.1 $435.00 $333.75 $33.38
prepare them.
4/1/2013 Prepare Dr. Zeitlin for DPH. CH 0.3 0.3 $435.00 $333.75 $100.13
4/1/2013 Prepare Dr. Paleg for DPH. CH 0.3 0.3 $435.00 $333.75 $100.13
4/1/2013 Prepare Ms. Masci for DPH. CH 0.6 0.6 $435.00 $333.75 $200.25
4/1/2013 Prepare Ms. Askew for DPH. CH 0.4 0.4 $435.00 $333.75 $133.50
4/1/2013 Rev prehearing order and determine to not to CH 0.3 0.3 $435.00 $333.75 $100.13
forward on every issue.
4/2/2013 Prepare pleading, notice of withdrawal of issues 3 CH 0.3 0.3 $435.00 $333.75 $100.13
and 4 in complaint.
4/2/2013 File pleading with SHO and OGC. CH 0.1 0.1 $435.00 $333.75 $33.38
4/2/2013 Meet with mother to prepare her for DPH, CH 2.2 2.2 $435.00 $333.75 $734.25
reviewed all obs reports and focused heavily on
facts of past two years, what she had observed in
classroom, and potential cross x.
4/2/2013 Final hearing prep, go over all questions and CH 1.5 1.5 $435.00 $333.75 $500.63
argument and disclosure documents.
4/3/2013 Participate in DPH. Hearing started 20 minutes CH 2.3 2.3 $435.00 $333.75 $767.63
late. OGC needed to print out documents and HO
in conference with CHO. Parties agreed to recess
for settlement discussion. Parties agreed to
settlement terms and returned to hearing room to
place settlement on the record in a Consent Order.
4/4/2013 Rec/rev Consent order as agreed to at DPH. CH 0.3 0.3 $435.00 $333.75 $100.13
Date of Hours Hours Hourly Rate Hours Rate Total
Service Description Attorney Claimed Allowed Claimd Allowed Costs Allowed
Notify PT that she may go ahead and complete her
evaluation. Discuss with her that she spent 2 hours
4/5/2013 in her observation and that she can write that CH 0.3 0.3 $435.00 $333.75 $100.13
report up, as she says she actually did a complete
evaluation at the time.
4/5/2013 Notify OT that she can move forward with a full
evaluation. CH 0.2 0.2 $435.00 $333.75 $66.75
Notify S/L therapist that she can move forward
4/5/2013 with a full evaluation. CH 0.2 0.2 $435.00 $333.75 $66.75
4/8/2013 Rec/rev IEE letter authorizing evaluations per HOD. CH 0.1 0.1 $435.00 $333.75 $33.38
4/11/2013 Rec/rev revised IEE letter from DCPS. CH 0.1 0.1 $435.00 $333.75 $33.38
4/15/2013 Rec/rev final PT evaluation report. CH 0.5 0.5 $435.00 $333.75 $166.88
5/31/2013 Rec/rev ind OT report. Recommends services and
comp ed. CH 0.4 0.4 $435.00 $333.75 $133.50
5/31/2013 Ret/rev ind S/L report. Recommends services. CH 0.4 0.4 $435.00 $333.75 $133.50
6/2/2013 RC with mother, notify her that we have all CH 0.2 0.2 $435.00 $333.75 $66.75
reports, that we can accept them and send to
DCPS. Agree to meet with her to go over reports.
6/3/2013 Send all reports to DCPS per HOD. CH 0.1 0.1 $435.00 $333.75 $33.38
6/4/2013 Negotiate with CCM regarding recommendation CH 0.3 0.3 $435.00 $333.75 $100.13
from two evaluators that an AT evaluation be
performed. CCM agrees to issue IEE letter at IEP
meeting, if team agrees to evaluation.
6/14/2013 Meet with Ms. Yeager prior to IEP meeting to go
over final preparation, inc going over all ind CH 2 2 $435.00 $333.75 $667.50
evaluations.
Date of Hours Hours Hourly Rate Hours Rate Total
Service Description Attorney Claimed Allowed Claimd Allowed Costs Allowed
Participate in IEP meeting per HOD. DCPS refused
to provide any related services, despite
recommendations from all ind evaluators. CCM
6/14/2013 refused to issue IEE letter for assistive technology CH 3.5 3.5 $435.00 $333.75 $1,168.13
evaluation, despite my showing her the email
where she stated she would do so at the IEP
meeting. CCM said she had changed her mind,
that DCPS will do the evaluations.
Tconf with mother. Agree that we will file new HR
6/18/2013 based on DCPS' refusal to provide any related CH 0.3 0.3 $435.00 $333.75 $100.13
services and develop appropriate goals.
72.5 $24 196 88
3/28/2013 Copy disclosures for DPH to be used by CH. $24.30
3/28/2013 Copy disclosures for DPH to be used by HO. $24.30
3/29/2013 Copy disclosures for DPH to be used by Dr. Zeitlin. $24.30
3/30/2013 Copy disclosures for DPH to be used by Dr. P[alleg. $24.30
3/31/2013 Copy disclosures for DPH to be used by Ms. Askew. $24.30
4/1/2013 Copy disclosures for DPH to be used by Ms. Masci. $24.30
4/2/2013 Copy disclosures for DPH to be used by parent. $24.30
$170.10
