“You should get an independent opinion.” The mechanic checked my car’s scraping noises and recommended urgent repairs: new brake pads and discs, a new catalytic converter, various fluid replacements. It would cost thousands, and he would offer a fair price. I know nothing about cars. But I suspected there could be a problem with paying the mechanic to diagnose the scrape and apply the fix. Incentives matter. Even with the best intentions, he was probably erring on the side of finding things to fix. What if I had paid the mechanic a flat rate before his inspection to fix anything he might find? Maybe there would be little to fix after all, and perhaps my car would burst into flames as I drove away. I thought to myself: “No way around it. You should get an independent opinion.”

In my work as a special education attorney in Pennsylvania, I have learned that the incentives facing school evaluators are like the incentives for a flat rate mechanic. Children with disabilities need evaluations to assess their needs in school, but the Pennsylvania schools have the conflicting roles of diagnosing their needs and providing services to address whatever they find. Parents need an independent opinion.

Background: A Conflict at the Heart

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]