Honoring a settlement agreement

[lisalewis911]

What is the name of your state (only U.S. law)? PA

I filed due process against my son's school. We called off the lawsuit and both parties would like to settle. The school's atty drew up a settlement agreement. Although we are, of course, not in complete agreement with the settlement, we are willing to sign off in order to get on with our lives. However, my attorney is telling me that the school has already said they plan on giving me a hard time about using my son's compensatory education funds. They drew up the settlement agreement and it is basically in black and white what the compensatory ed can be used for.

Here is my question: If we sign the agreement and they make it near impossible for us to use his settlement money (either by delaying payment, refusing payment, wanting additional evaluations to justify expenses, etc) what recourse after signing and agreeing will we have? My attorney seems very nervous and so am I. The only other option is to refile for due process, and even then i don't know what would change and i know even if we win at this level it is appeal after appeal after appeal.

I think we should take our chances on signing the agreement and if they give us a hard time (the conditions on using the money are very clearly spelled out) can we sue for breach of contract or something?

TIA

 

[Zigner]

I would not want to second guess your attorney.
The only thing I would say is that if the school does not follow through with the terms of the settlement, your recourse would be through the due process system. So, either way, you'd be back in that boat.

As a personal observation on my on experience. Once the school agreed to the settlement, they HAVE followed it with no problems. But, I'm on the other side of the country...