Legal Question in Education Law in Colorado
Binding Settlement Agreements
I have a client who is wanting to settle a unilateral placement of a student in a private school for this year's tuition. If she sends the student back to the private school she is willing to pay for any future tuition herself and not bring any future actions against the school district. The school district appears to be willing to settle this matter but wants assurance (authority/case law) that Mom cannot come back after them after they pay the tuition reimbursement requested. In other words, we are talking about an enforceable/binding settlement agreement. Are you aware of any authority/case law - nationwide - that would give the school district the assurance they seem to need or is this assurance grounded in contract law? If in contract law, what portion(s) of contract law should be considered and included in the settlement agreement. Thanks in advance for your help.
1 Answer from Attorneys
Re: Binding Settlement Agreements
Comments are not to be construed as legal advice and are for information and discussin purposes only. Individuals should consult their respective state laws and competent local counsel.
The school district's attorney should know how to frame the settlement agreement. What you are suggesting is not unique. There should be specific langauge including any waiver clauses that apply. The agreement would then be treated like any other contract.
Under current caselaw mediated agreements regarding special education placements are considered the same as an IEP. As such, they can be enforced in the same manner as well, hence the District's hesitance and need for assurances. The District is obvously fearful of the "stay put" clause of IDEA. A parent could waive such. Not something done lightly.
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