2012 BSEA Statistics

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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