Zirkel Weighs In: 'Why would we even try?' Parents of disabled students almost never win in fights against Maryland districts
May. 2, 2019
It’s rare for the parents of students with disabilities to prevail in legal battles against Maryland school districts. In the past five years, they’ve lost more than 85 percent of the time, state education department documents show, even after investing tens of thousands of dollars and countless hours in pursuit of a better education for their children.
Advocates, families and attorneys say the trend is alarming and discourages people from fighting for the rights kids are guaranteed under federal law.
Perry Zirkel, a Lehigh University professor and recognized expert in special education law, warned against looking at the percentage of district or parent wins alone. Due process hearings, he says, are complex and nuanced.
“It all depends on the perspective,” he said. The same people “looking at the same data, can have different perceptions about what is fair or who should prevail in these cases. It’s not like science or mathematics.”
