Lehighton Area School District’s board of directors is considering a change in the law firm it uses to handle special education matters.

The district currently uses King Spry Herman Freund & Faul, but on Monday night Superintendent Dr. Christina Fish presented the board with a proposal from Sweet Stevens Katz & Williams, a firm she is familiar with from her time in Central Columbia School District.

“(Sweet Stevens) is well respected as one of the foremost authorities on special education law across the state,” Fish, who was Central Columbia’s special education director for 12 years before taking the Lehighton job, said.

When parents and schools disagree about any matter related to a child’s education, including whether or not a child is eligible for special education services, the Individualized Education Program offered by the school, the type and length of services, or the child’s school and classroom placement, the matter goes through a “due process.”

The process can be quite costly for school districts depending on the eventual outcome, especially if the matter goes before a hearing officer.

“While I was at Central Columbia, we only went to due process three times over the course of 12 years and all three of those were settled,” Fish said. “A lot of that I attribute to the fact that I had access to this law firm.”

According to a fee schedule provided by Sweet Stevens Katz & Williams, the firm $170/hour for attorneys and $130/hour for legal assistants when it comes to routine matters, and $200/hour for attorneys and $130/hour for legal assistants for non-routine matters.

All advice, phone calls, opinions, document review, Right-To-Know responses, analysis or development of board policy or procedure, contract reviews, and research is considered routine.

Non-routine matters involving the higher hourly rate are those in cases or controversy where there is a threat of litigation including special education matters.

“Where we act as ‘special counsel,’ we supplement, but do not replace, the services of your district solicitor, making use of our experience in the specialized area of special education,” John Audi, managing partner with the Sweet Stevens firm wrote in a letter to Lehighton. “We require no retainer in this role and respond only to such questions or matters as are referred to us. Services are thus provided strictly on an ‘as-needed’ basis and billing is monthly only if services are rendered during the prior month.”

Fish said King Spry was also given three-and-a-half weeks to submit information to be shared with the board at Monday night’s workshop but did not do so.

“That speaks volumes to me,” director Brian Shaner said after asking how much lead time King Spry was given. “I think it is important for us to know how much overlap there would be in cost to get another firm caught up on cases already in progress.”

Samantha Kistler, Lehighton special services director, said she did not have a preference on which firm the district used going forward.

“Whatever the board is comfortable with I support,” Kistler said. “If there is a change, I will help to see that transition process through.”

Fish said the matter will be on Lehighton’s Sept. 26 board meeting agenda for a vote.