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FINANCE COMMITTEE <br /> EXECUTIVE SESSION <br /> AUGUST 6 , 1991 <br /> 8 : 50 P .M. <br /> The town is currently involved in a legal case involving a <br /> Mashpee special education student. An Individual. Education <br /> Plan was- developed for the student however the parents <br /> refused to sign because it was their. wish to have their child. <br /> educated at a private facility. They sued the town. <br /> A special counsel was hired to handle the case. The lawyer <br /> suggested that this matter be settled out of court because it <br /> was his belief that this case could not be won by the town. <br /> The settlement- suggested was $60 , 000 . The case has dragged <br /> on and now it is too late to settle out of court and the town <br /> will have to litigate. It will cost the town an additional <br /> $25 ,000 to $50 ,000 in legal fees and if the- town does not the <br /> iwin. the suit another. $100,000 and. the parent ' s legal fees. <br /> The lawyer has said. that the town can' t win this case. He <br /> has also presented the town with a bill for $4, 000 for an <br /> expert witness . This witness was the student ' s teacher when <br /> he was in the Mashpee schools. Jim expressed his concern <br /> that this teacher is also a potential litigant. <br /> It is the general consensus that the lawyer has really let <br /> this drag on. The bottom line is that the town could have a <br /> $200 ,000 problem around the first of the year. <br /> Jim noted that when the case first started- Joe Reardon. <br /> recommended a special counsel . This special counsel is not <br /> the school lawyer.. The only hope the town has of winning is <br /> that the parents refused to participate in developing an IEP <br /> or working with the school, however the lawyer has indicated <br /> that a precedent has been set and the town can ' t win. <br /> e <br /> Gail McNabb <br /> Board Secretary <br />