Reply to Due Process MCPS - Attorney recommendations

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Reply to "Due Process MCPS - Attorney recommendations"

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[quote=Kyra-V][quote=Anonymous][quote=Kyra-V][quote=Anonymous]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. [/quote]

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).[/quote]

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. [/quote]

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.[/quote]

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