Due Process MCPS - Attorney recommendations

[Kyra-V]

Anonymous wrote:I think the MSDE hearings list may be a bit misleading. Yes, if you actually wind up in court with MCPS, the statistics suggest that you will lose. However, in many cases, I think getting a lawyer and going to CIEP will get you what you want. If MCPS thinks that you have a reasonable chance, they will give in before it gets in front of a judge (and I'm sure there are no official statistics on this). I think they only take cases that far if they're pretty sure they're going to win, so what you're looking at on the MSDE site is a heavily cherry-picked sample with a lot of other factors playing in.

Yes, a huge number of cases resolve as part of the resolution process or at mediation. So filing a due process complaint and request for mediation is a good way to go. But no, I do not think the cases listed are cherry picked. Those are the real stats, at least with regard to cases that go before a judge. And they don't even include all the cases thrown out on motions (though some are included on the web site).

[Anonymous]

Kyra-V wrote:

Anonymous wrote:I think the MSDE hearings list may be a bit misleading. Yes, if you actually wind up in court with MCPS, the statistics suggest that you will lose. However, in many cases, I think getting a lawyer and going to CIEP will get you what you want. If MCPS thinks that you have a reasonable chance, they will give in before it gets in front of a judge (and I'm sure there are no official statistics on this). I think they only take cases that far if they're pretty sure they're going to win, so what you're looking at on the MSDE site is a heavily cherry-picked sample with a lot of other factors playing in.

Yes, a huge number of cases resolve as part of the resolution process or at mediation. So filing a due process complaint and request for mediation is a good way to go. But no, I do not think the cases listed are cherry picked. Those are the real stats, at least with regard to cases that go before a judge. And they don't even include all the cases thrown out on motions (though some are included on the web site).

I didn't mean the cases themselves were cherry-picked. I believe those are all the cases that went to hearings before a judge. But I think the amount of disputes (general term) with MCPS that even turn into a legal "case" and a "hearing" is cherry-picked because MCPS doesn't let it get to a courtroom unless they're sure they'll win.

[Kyra-V]

Anonymous wrote:

Kyra-V wrote:

Anonymous wrote:I think the MSDE hearings list may be a bit misleading. Yes, if you actually wind up in court with MCPS, the statistics suggest that you will lose. However, in many cases, I think getting a lawyer and going to CIEP will get you what you want. If MCPS thinks that you have a reasonable chance, they will give in before it gets in front of a judge (and I'm sure there are no official statistics on this). I think they only take cases that far if they're pretty sure they're going to win, so what you're looking at on the MSDE site is a heavily cherry-picked sample with a lot of other factors playing in.

Yes, a huge number of cases resolve as part of the resolution process or at mediation. So filing a due process complaint and request for mediation is a good way to go. But no, I do not think the cases listed are cherry picked. Those are the real stats, at least with regard to cases that go before a judge. And they don't even include all the cases thrown out on motions (though some are included on the web site).

I didn't mean the cases themselves were cherry-picked. I believe those are all the cases that went to hearings before a judge. But I think the amount of disputes (general term) with MCPS that even turn into a legal "case" and a "hearing" is cherry-picked because MCPS doesn't let it get to a courtroom unless they're sure they'll win.

I see what you mean. But I think that is not entirely accurate - the school districts are typically confident they will win in most cases filed. They compromise just to avoid the cost of litigation, not because they think they will lose. It's just not that hard for school systems to meet their legal obligations under IDEA.

[Anonymous]

I think PP's point is that there are probably a lot of due process complaints that never make it to a hearing in which the parents get at least part of what they are seeking. So parents shouldn't be scared away from filing due to these statistics.

[Anonymous]

List of cases by year. This is for the entire state.

http://marylandpublicschools.org/MSDE/divisions/earlyinterv/complaint_investigation/hearing_decisions/index.html

[Anonymous]

A number of the families seem to have used Eig. Found this interesting:
Mr. Eig and Mr. Krew have been worthy adversaries and colleagues for many years, as they were both quick to point out on a number of occasions throughout the hearing. While the tone of the hearing in this matter was generally collegial, at times, it was somewhat confrontational between the attorneys, prompting Mr. Eig to write a letter of apology (dated February 20, 2014) to both Mr. Krew and me regarding “his role in the proceedings going somewhat awry” during the closing arguments on February 19, 2014. Mr. Krew wrote a response (dated February 24, 2014) essentially saying that no apology is necessary and I concur. Mr. Eig seemed concerned that his behavior in the closing might somehow impact my ability to focus on the facts and the law in this case, which it absolutely did not. I very much enjoyed working with Mr. Eig and Mr. Krew and look forward to the opportunity in the future.

[Kyra-V]

Anonymous wrote:I think PP's point is that there are probably a lot of due process complaints that never make it to a hearing in which the parents get at least part of what they are seeking. So parents shouldn't be scared away from filing due to these statistics.

Yes, and I agreed with that. I have just seen too many parents approach this process as if they are negotiating from a position of power, when in fact the school nearly always has the upper hand. That's not to say that the process can't still be worthwhile. But filing a complaint triggers an expensive and time-consuming process that parents need to be prepared for, and it is important to understand how realistic it is for them to get what they want.

In the last case I handled, one of the attorneys who has been named on this thread assured the parents they had a slam dunk case. They lost.

[Anonymous]

Kyra,
What about state complaints? What can you tell us about how MCPS handles those and whether they result in any change?
Our school has a history of mishandling cases and filing may do a lot of other families some good. The stories we have heard a truly horrific.

[Kyra-V]

Anonymous wrote:Kyra,
What about state complaints? What can you tell us about how MCPS handles those and whether they result in any change?
Our school has a history of mishandling cases and filing may do a lot of other families some good. The stories we have heard a truly horrific.

I am unsure of the distinction you are making when you say state complaint. Due process is triggered when parents file a due process complaint, where they indicate that they seek mediation, a hearing, or both. That's the process I am referring to.

[Anonymous]

From a special needs site:
A state complaint or resolution system considers violations of any state or federal education law. An example would be if a child’s IEP slated him to have speech 1 time a week and no speech was provided for 2 months then a state complaint should be filed.

A due process complaint considers the proposal or refusal to initiate or change the identification, evaluation or educational placement of a child with a disability, or the provision of FAPE to a child. An example would be If a child is placed in a center-based program or given a category of eligibility that the parent(s)/guardian(s) disagrees with, i.e. cognitive impairment, then a due process complaint would be the proper mechanism.

[Anonymous]

Who is Jeffrey Krew, the MCPS outside counsel, handling these cases?
Apparently they have paid his firm millions over the years.

[Kyra-V]

Anonymous wrote:From a special needs site:
A state complaint or resolution system considers violations of any state or federal education law. An example would be if a child’s IEP slated him to have speech 1 time a week and no speech was provided for 2 months then a state complaint should be filed.

A due process complaint considers the proposal or refusal to initiate or change the identification, evaluation or educational placement of a child with a disability, or the provision of FAPE to a child. An example would be If a child is placed in a center-based program or given a category of eligibility that the parent(s)/guardian(s) disagrees with, i.e. cognitive impairment, then a due process complaint would be the proper mechanism.

Thanks for this clarification. I am not at all familiar with the state complaint process, though I have read investigative reports that MSDE wrote in response to such complaints. I am extremely well versed in the due process side. So unfortunately I cannot tell you anything about how succcessful state complaints are. I see that MSDE has a nice FAQ about the state complaint process, though.

[Anonymous]

Jeffrey krew is a ruthless thief that will do what ever it takes to make a quick buck!

[Anonymous]

I'm a newly barred (special education) attorney and I've practiced under several special education attorneys. I think gruber or eig are great options. Before I was barred, I always highly recommended Michael Eig for cases, which proceed to due process (and after federal court). He is an amazing litigator.

[Anonymous]

Patrick Hoover
http://hooverlaw.com