The Schoolyard Lawyer: A Summary of Massachusetts Special Education Statistics at the BSEA

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The Bureau of Special Education Appeals (BSEA) released its Special Education statistics for fiscal year 2011 (July 1, 2010 through June 30, 2011). A summary of the statistics is as follows:

  • The BSEA received 8,348 rejected IEPs, an increase of 473 over the past fiscal year.
  • There were approximately 809 mediations concerning special education and Section 504 matters conducted, a decrease of 5.3% from the 854 mediations conducted last year.
  • Approximately 86% of the mediations resulted in written agreements.
  • There were 544 hearing requests files, compared to the 545 requests in the prior year.
  • The majority of the hearing requests were either resolved prior to proceeding to hearing or after the state of the hearing but before concluding the process.
  • BSEA hearing officers conducted full hearings resulting in 35 decisions.
  • In addition to the 35 decisions, at least 51 substantive written rulings were issued.
  • Of the 35 decisions, the parents prevailed in 7 (20%), the school districts prevailed in 22 (62.9 %), and both parties received some relief in 6 decisions (17.1 %).
  • Of the 7 cases in which parents fully prevailed, the parents were represented by an attorney in 5 of the cases and appeared without an attorney in 2. The school district was represented by counsel in all 7 hearings.
  • Of the 22 cases in which school district fully prevailed, the parents were represented by counsel in 9 cases, appeared without an attorney in 11, and were represented by an advocate in 2. The school district was represented by counsel in all 22 matters.
  • Of the 6 cases in which mixed relief was granted, the parents were represented by counsel in 1, were represented by a lay advocate in 1, and appeared without an attorney in 4. The school district was represented by counsel in all 6 matters.