County Boards of Education – Due Process Proceedings for Children With Disabilities – Burden of Proof
Just the Facts
- HB0294/SB0926 will only LEVEL THE FIELD for families in Special Education Due Process Hearings by designating that the school has the burden of showing the effectiveness of an IEP or the adequacy of an evaluation in a due process complaint initiated by a parent or guardian.
- Parents currently lose Due Process cases close to 100% of the time when they don’t have the means to hire an attorney to help them, and more than 80% of the time, even when they do have an attorney. This is because the school holds the extensive education documentation, has unlimited resources for attorney and expert fees, unfettered access to educators for their case, and the school does not have the burden of proving anything if a parent makes a due process complaint under current law. The school has the responsibility to provide a free and appropriate public education to all students under the IDEA- they should also have to prove that what they are doing is IDEA compliant.
- HB294/SB926 will not create any more work for teachers! Teachers already are required to document their interventions, track, and show student progress. This claim by opponents is unfounded, and in other states that have passed similar legislation, this has not been the outcome.
- HB294/SB926 will not cost the state any more money. In fact, costs will either stay the same or decrease as they have in other states that have passed similar legislation. See the bill’s fiscal and policy note, on page 3
- HB294/SB926 is time-limited. The shift of burden created through the bill would only be effective for 3 years, until June 30, 2026. This is good because it will allow us to see the benefits of shifting the burden to schools before making the law change permanent.
- HB294 passed unanimously in the House and is now in the Senate Education, Energy, and the Environment (EEE) Committee with no amendments. The companion bill, SB926, had a hearing in EEE but did not come out of committee. We need leadership to put HB294 on the hearing schedule and move both HB294 and SB926 out of the committee to the Senate Floor for a vote ASAP.
What is Due Process?
“Due Process” is often a last resort in available processes for resolving an educational dispute related to the appropriate identification, evaluation, or educational placement of a student with a disability.
How Often are Due Process Complaints Filed?
According to data provided by MSDE, In 2022, there were 282 requests for due process in Maryland. Of this number, only a handful of these disputes resulted in decisions that same year. Most cases linger on for months or even years. This creates a disservice to the student, and the family, and creates delays in resolution that ultimately does harm.
Why Do We Need HB0294 to Pass?
Despite being the wealthiest state in the United States, and our affluence, our statistics on inclusive education are subpar. According to Maryland educational environment data from the 21-22 school year, only 20% of students with intellectual disabilities are educated in a regular classroom environment for 80% or more of the day. If parents want to challenge the placement decisions of their children, and the school disagrees, parents have no choice but to file a complaint and go through due process. The system is unfair and balanced in favor of the school. We must disrupt the status quo to balance the scales, encourage greater collaboration, and improve outcomes for students in special education.
We believe that shifting the burden of proof will result in more students having their needs met, greater teamwork between members of the IEP team, greater satisfaction for teachers, and ultimately greater educational success for students with disabilities.
Contact Senate Leadership Today!
Please call and email the Senate President and Senate EEE Committee leadership TODAY to ask them to put HB294 on the hearing schedule and move both HB294 and SB926 out of the committee to the Senate Floor for a vote ASAP.
We hope to show the strength of our grassroots network and ensure the voices of families, self-advocates, teachers, and other supporters are heard by the committee that will decide the fate of this bill!
- When you call and email the Senate President and Senate EEE committee leadership, please see the facts above for important points to make!
Senate President Contact Information:
Bill Ferguson | District 46 | Baltimore City | 410-841-3600 | bill.ferguson@senate.state.md.us
EEE Leadership Contact Information:
Brian Feldman, Chair, EEE | District 15 | Montgomery County | 410-841-3169 | brian.feldman@senate.state.md.us
Cheryl Kagan, Vice Chair, EEE | 17 | Montgomery | 410-841-3134 | cheryl.kagan@senate.state.md.us
Please, if you have time, contact other members of the Senate EEE:
Malcolm Augustine | 47 | Prince George’s | 410-841-3745 | malcolm.augustine@senate.state.md.us
Benjamin Brooks | 10 | Baltimore County | 410-841-3606 | benjamin.brooks@senate.state.md.us
Mary Beth Carozza | 38 | Somerset, Worcester & Wicomico | 410-841-3645 | marybeth.carozza@senate.state.md.us
Jason Gallion | 35 | Harford & Cecil | 410-841-3603 | jason.gallion@senate.state.md.us
Katie Fry Hester | 9 | Howard & Montgomery | 410-841-3671 | katiefry.hester@senate.state.md.us
Karen Lewis Young | 3 | Frederick | 410-841-3575 | karen.young@senate.state.md.us
Bryan Simonaire | 31 | Anne Arundel | 410-841-3658 | bryan.simonaire@senate.state.md.us
Mary Washington | 43 | Baltimore City & Baltimore County | 410-841-3145 | mary.washington@senate.state.md.us
Ron Watson | 23 | Prince George’s | 410-841-3631 | ron.watson@senate.state.md.us