The following table summarizes some of the key statistics for Fiscal Year 2011 that were recently published by the Massachusetts Bureau of Special Education Appeals (BSEA). There are a couple of points worth highlighting:
Out of 8,348 rejected IEP's, there were only 35 due process hearings with decisions. Why? Most cases reach resolution prior to a hearing. In other words, based on the statistics, there is a 0.4% likelihood that any rejected IEP will actually go all the way through to a Hearing.
Of the 35 decisions that were rendered, parents prevailed in just 7 cases. That represents just 20% 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 without litigation.
