"Under current IDEA law, the threat of litigation is forcing schools to be more concerned about technical compliance than with truly educating students with disabilities. This breeds an attitude of distrust between parents and schools, and makes it more difficult for them to work together to do what is best for students. Worse still, parents are sometimes manipulated into complex legal proceedings by lawyers who have their own best interests in mind, rather than the best interest of students with disabilities. The bill will work to restore trust between parents and schools by creating opportunities for early resolution of problems before they escalate, and by holding attorneys liable for frivolous lawsuits."
http://edworkforce.house.gov/press/press108/second/11nov/ideapasseshouse111904.htm
Speaking from personal experience, this is a bad idea. The trojan horse aspect of it; a lot of parents simply don't have the money to pay for an attorney to get their child into a better situation if the school system isn't willing to listen to them. A substantial number of special ed. children have additional problems that basically wipe out their parents ability to do much of anything extra.
This is also assuming that schools are equal and reasonable about special education these children. Again, personal experience, they are not. Some schools and educators seem to be stuck back in the 1800s in their approach to disabled students. They assume that the child can't learn much of anything and act accordingly. This paragraph will only encourage them by removing the ability to fight back from those few parents who do have enough funds to try.