How much do Delaware schools spend on legal services and why? We broke down the numbers
When schools create their budgets each year, board of education members must account for a number of expenses, whether it’s teacher salaries, transportation or athletics.
Many of the larger districts in Delaware plan to spend hundreds of thousands of dollars each year.
But there’s another category that schools must consider when it comes to spending: the amount they will need to pay for legal services.
Lawyers are called on by districts and charter schools for everything from personnel issues to contracts to special education lawsuits, and the amount spent annually varies greatly across Delaware.
Open data provided by the state shows how much public and charter schools spent on legal services last fiscal year, which ran from Oct. 1 to Sept. 30.
Some of the data in the state’s open checkbook does not completely align with what some schools and districts individually reported, but most were within $10,000. District spokespeople said that the state’s tally included items like audit fees that the board of education does not put on the budget report.
Statewide, over $3.7 million was spent on legal services in the last fiscal year.
Appoquinimink School District spent the most on legal services overall, according to state data, with expenses reported at $645,362.75. Broken down by cost per student, the district spent $47.99 on each pupil.
The district did not respond to requests for comment.
Thomas A. Edison Charter School spent the least on legal services, paying $1,330 total and less than two dollars per student, according to the state checkbook.
Who do they pay for legal services?
Many districts and charter schools rely on the same attorneys and law firms for legal services. The Wilmington-based firm Young, Conaway, Stargatt & Taylor, LLP was paid the greatest amount, as well as most frequently, by schools in the 2023 fiscal year.
According to the state checkbook, the firm received almost $2.4 million in 1,662 individual payments from district and charter schools during the last fiscal year. The firm did not respond to requests for comment.
Most districts said they do not have their own in-house legal counsel.
What are the fees used for?
Legal services are called in for a variety of issues, spokespeople for multiple districts statewide said.
Some districts – such as Colonial and Indian River – said they use legal representation to help with issues of school board governance and district policies. Legal services are also used for matters of professional liability, employment, construction and Freedom of Information Act requests.
In some instances, legal services are called in to handle lawsuits facing districts or charter schools.
In 2016, Indian River School District was sued in federal court for claims of segregation. The ensuing agreement ultimately led to the closure of George Washington Carver Academy three years later.
However, the vast majority of legal fees are spent on representation for cases in one particular area: special education.
Special education
Special education litigation cases arise when parents believe that the rights outlined in the 2004 Individuals with Disabilities Act are not being met.
The act requires schools to provide students with disabilities a “free appropriate public education;” in other words, education that is individualized to meet students’ needs and best benefit them.
In Delaware, if a student, parent or guardian disagrees with the level or effectiveness of special education provided, they can file a complaint or start a due process hearing through the Department of Education.
Not all disputes require legal services to resolve. Parents and districts or charter schools can use a free conflict resolution program and mediation services through the University of Delaware.
If that does not solve the issue, the parents or school can then file a due process complaint and request a hearing through the state secretary of education. Lawyers typically become involved at this stage, according to a Department of Education spokesperson.
Depending on who a panel rules in favor of, the court may pay their attorney fees. Otherwise, the burden can fall on the district or charter school to pay for both sides’ legal representation.
Colonial School District and Lake Forest School District spokespeople said that the majority of legal fees paid by the districts are for special education cases.
Send story tips or ideas to Hannah Edelman at hedelman@delawareonline.com. For more reporting, follow them on Twitter at @h_edelman.
This article originally appeared on Delaware News Journal: Delaware schools, charters spend millions each year on legal fees
