Political Quotes

“Is it any wonder that every year, in school district after school district, more and more students find themselves denominated disabled? The incentives to do so are extremely significant. It is reported by the Advisory Council on Intergovernmental Relations that this current bill, of all Federal regulatory statutes, ranks fourth in the amount of litigation that it creates. That is a pretty good record. Of all of the regulatory statutes in the United States, this ranks fourth in the amount of litigation it creates. I note another element in that connection. We recently had a decision by the Supreme Court of the United States on a particular form of environmental litigation in which the successful challengers to a particular statute received their attorney's fees. In this bill, however, attorney's fees are a one-way street. If the representative of the individual student claiming discrimination under the statute prevails, that student or that student's family is awarded his or her attorney's fees. If the school district prevails, no attorney's fees can be awarded against the losing party. What does this do? Of course, it encourages litigation. The litigation is free. It also overwhelmingly encourages settlements which many school districts may regard as very, very unwise, simply because the potential downside is so great--again adding immensely to costs imposed on school districts.”