SUSAN LUGER ASSOCIATES, INC.
Special Education Advocates
 
Our Unique 3-Phase Approach
 
Susan Luger Associates, Inc. (SLA) has developed a three-phase strategy
designed to maximize the likelihood of obtaining the special education program
and/or services your child requires.
Our strategy’s three phases are:
  1. Advocacy
  2. Settlement or Litigation
  3. Collection


       PHASE 1: ADVOCACY

In Phase 1, SLA’s trained, sensitive Special Education Advocacy Staff will:
  • help you determine appropriate placements and services for your child:
  • help you to communicate effectively with the local school district and Committees on Special Education (‘CSE’) to guarantee your rights under
    the IDEA and other federal laws;
  • assist you in gathering suitable testing results and expert statements that
    provide proof of the need for the programs and/or services your child
    requires
  • accompany you to CSE and other meetings
  • present your case to the CSE team
  • listen to the suggestions and thoughts of the CSE, and critically
    assess these CSE suggestions;
  • stress goals and services beneficial to your child for incorporation into
    the Individualized Education Plan (‘IEP’) created by the CSE;
  • accompany you to view programs recommended by the school district;
  • guide you through the admission process of appropriate school placements;
  • generate and submit a Request for Impartial Hearing to the local school
    board, if deemed necessary.

       Phase 2 – SETTLEMENT OR LITIGATION

If Phase 1 is not successful in obtaining an appropriate program for your child, your case will enter Phase 2 – Litigation or Settlement.  

After receiving the request for Impartial Hearing prepared by the Special
Education Advocacy Staff in Phase 1, the school district must decide if they will
fight the case or try to settle it.


       Phase 2A – Settlement
If the school district decides not to fight the case but rather to offer a settlement, SLA will negotiate with the school district to get you the best settlement
possible.  We will attempt to maximize the settlement amount, both in terms of
dollars and in terms of time period. The negotiations are often lively and rely
strongly on the history between Susan Luger and the local district’s
representative or attorney.  Approximately 85% of all SLA cases are
successfully settled to the satisfaction of our clients.


      Phase 2B - Litigation
It is possible that the local school district may decide to fight the case. It is also possible that the negotiations for a settlement do not reach a satisfactory
resolution. This happens in about 15% of the cases.

When litigation is unavoidable, there will be an Impartial Hearing (‘IH’) which is
presided over by an Impartial Hearing Officer (‘IHO’). The IH is an administrative
hearing in which the parties – the local school district and you -- are (usually)
represented by attorneys. This is a formal “trial-like” process with exchange of
evidence and testimony by both sides.

Many Special Education attorneys prefer to settle a case rather than fight for
your rights. Their practice is based on the assumption that most cases will be
settled rather than litigated. There is nothing wrong with this approach, but SLA
believes it in the best interest of you and your child  to prepare for litigation.

SLA has engaged a group of special eduction attorneys that are true,
experienced litigators.  They have at least 10 years of litigation experience.
These litigators meet with you as individuals, strategize with you, with Susan
and with the other SLA special eduction advocacy staff involved in your case,
partake in support services provided by SLA, and are ready to present your
case.  We are proud of their winning record.


     Phase 3  - Collections

The Collection Phase is the newest element of the SLA strategy, having evolved out of necessity. Collection occurs after a settlement or a winning hearing
decision.  It can be a time-consuming and frustrating process In order to collect
the monies due to you or the school district:
  • Documentary proof that you paid the tuition and/or service providers may
    be needed, such as cancelled checks or credit card receipts
  • The school or service provider may be asked to provide documentation in
    addition to the documentation you provide
  • Attendance records may be needed
  • Documents may have to be notarized
  • The signed settlement papers or hearing decision must be tracked to
    ensure it is not derailed

By designating Phase 3 as a separate phase, SLA has allocated staff to the
Collection process full time. In this way we can utilize our best efforts to ensure
payment to you as efficiently and quickly as possible – given that the school
district is not always eager to write you a check.  
Susan Luger Associates devised this three-phase process after many
years of working with school districts throughout the State of New York.  
This winning combination of services has proven successful in the vast
majority of our cases.

SLA offers the Phase 3 Collections as a separate service even if the
parent or another party has performed Phases 1 and 2.