Information can subsequently be used as evidence against the company showing its hand, while it can also become
public during court proceedings and then published by the media if there is no restriction in place.
«The decision in Boone County Board of Education v. N.W., as it stands, would force cash - strapped school districts to bear the high costs of private placements
during litigation, even when a
court ultimately rules that the district has made FAPE available in a
public school setting,» said NSBA General Counsel Francisco M. Negrón Jr. «The lower
court's decision sets a terrible precedent that prolongs due process and
court proceedings and discourages informal resolution of special education disputes through mediated settlement.
What is at stake requires that the
court must balance what justice demands: that the accused receive a fair trial, that witnesses are not deterred from testifying, and that the judge, jury and lawyers are not distracted
during the
proceedings, against what the
public interest in justice and our democracy requires....