Outside Counsel Fees: What MCPS Didn't Tell the BOE

Dear Mr. Durso, Mr. Kauffman, and Ms. Berthiaume:

As you recall, on August 23, 2012, the Board of Education approved contracts for four law firms to provide special education legal services. MCPS staff made certain representations at the BOE table pursuant to questions from each of you. Since you appear to be interested in this topic, as opposed to the remaining Board members, I would like to provide you with information about MCPS’s activity during the last fiscal year. This information is publicly available on the MSDE website, and contradicts statements that were made by MCPS personnel. Reviewing the data, it shows that for FY12, there were nine (9) written hearing decisions issued by the Office of Administrative Hearings involving MCPS.

Of those 9 written hearing decisions, 7 of them were litigated by one firm, Jeffrey Krew. These decisions were the result of thirty (30) days of hearings. During FY12, the OAH database does not show that any other outside firm was involved in a due process case resulting in a written decision involving MCPS. MCPS’s two in-house counsel litigated one case apiece during FY12.

Of these 9 written decisions, 6 of them involved requests for non-public placements. Two involved issues of the least restrictive environment within MCPS. One involved the issue of initial eligibility for an IEP.

Lastly, staff evaded your question as to reimbursement for cases that settle before hearing. I don’t know what the contract in effect for FY2012 stated, but an older contract that I have contained the following statement:

“If a case is withdrawn or settled before the first day of hearing, a half day of hearing will be charged.”

I have enclosed the “cost proposal” from the old contract that I had, so that you can compare it to the new one that you just approved. I have requested copies of these contracts as well, pursuant to the Public Information Act of Maryland.

As a parents of two young adults with disabilities, and an attorney/advocate for other students with disabilities, I urge you to begin the discussion of whether aggressive and costly litigation against families furthers MCPS’s core value of doing whatever it takes to ensure that every child, regardless of disability, learns and succeeds. Dr. Starr has been superintendent for a year now, and despite a promising start where he engaged the special education community at an evening meeting, parents remain frustrated that they are not treated as equal partners in education planning. It will take a fundamental attitude shift within MCPS before the costs associated with special education dispute resolution will begin to decrease.


Thank you for your attention to this matter.

Sincerely,


Lyda L. Astrove
1998KrewRFP