The following table summarizes some of the key statistics for Fiscal Year 2012 that were recently published by the Massachusetts Bureau of Special Education Appeals (BSEA). There are a couple of points worth highlighting:
- Out of 8,460 rejected IEP’s, there were only 52 due process hearings with decisions. Why? Most cases reach resolution prior to a hearing. In other words, based on the statistics, there is only a 0.6% likelihood that any rejected IEP will actually go all the way through to a complete Hearing.
- Of the 52 decisions that were rendered, parents prevailed in just 13 cases. That represents just 25% of the BSEA decisions.
What is the lesson here for parents? Proceed with caution when it comes to litigation. As an attorney, I judge my success not by the number of cases litigated, but by the number of positive outcomes achieved (preferably without litigation).
| 2009 | 2010 | 2011 | 2012 | |
| Rejected IEP’s | 7,252 | 7,875 | 8,348 | 8,460 |
| Mediations | 846 | 854 | 809 | 917 |
| Hearing Requests | 609 | 545 | 544 | 582 |
| Actual Hearings with Formal Decisions | 48 | 50 | 35 | 52 |
| Parents prevailed | 6 | 9 | 7 | 13 |
| Districts prevailed | 36 | 29 | 22 | 26 |
The Law Office of James M. Baron represents students and parents in special education and other school-related legal matters throughout Massachusetts and New Hampshire. Please visit http://www.lawbaron.com, or call 781-209-1166 for more information.
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