Summary of Bureau of Special Education Appeals Data for Fiscal Year 2024
The Bureau of Special Education Appeals ("BSEA"), an independent subdivision of the Division of Administrative Law Appeals, conducts mediations and due process hearings to resolve disputes among parents, school districts, private schools and state agencies.[1] The BSEA derives its authority from both federal law and regulations (the Individuals with Disabilities Education Act, "IDEA") and Massachusetts law and regulations. (MGL ch.71B).
A parent or a school district may request mediation and/or a due process hearing on any matter concerning the eligibility, evaluation, placement, individualized education program (IEP), provision of special education, or procedural protections for students with disabilities, in accordance with state and federal law. [2]
In addition, a parent may request a hearing on any issue involving the denial of a free appropriate public education guaranteed by Section 504 of the Rehabilitation Act of 1973. https://www.ed.gov/sites/ed/files/policy/rights/reg/ocr/34cfr104.pdf
Mediations and hearings are conducted by impartial mediators and hearing officers who do not have personal or professional interests that would conflict with their objectivity in the proceeding. The BSEA comprises six hearing officers (all of whom are attorneys), six mediators, a coordinator of mediation, a scheduling coordinator, administrative staff and a director.
What follows is a summary of BSEA data for fiscal year 2024 (covering the period July 1, 2023 through June 30, 2024).
Rejected IEPs
There were approximately 14,326 notifications of rejected IEPs received by the BSEA during FY 2024, representing a significant increase (of 1,766) from the 12, 560 received in the prior year.
Facilitated IEP TEAM Meetings
This year the BSEA received 310 requests for facilitated Team Meetings, a slight increase from the 298 received last year. Of those 310 requests, the BSEA conducted 138 facilitated IEP Team meetings, a decrease from the 204 conducted during the previous year. Note that 40 requests were declined by parents and 22 were declined by school districts, and that 110 requests for facilitated IEP Team meetings had to be declined by the BSEA this year owing to staff unavailability. [3]
The other 62 requests did not proceed due to one party declining to use the process or parties canceling the meeting.
Mediation
There were 1,275 requests for mediation received in FY 2024, representing an increase from the 1,236 requests the prior year. BSEA mediators conducted 703 mediations in FY 2024, a decrease from the 715 conducted during the prior year, with an agreement rate of 81%.
Due Process Hearings
The BSEA received 417 hearing requests during FY 2024, an increase from the 391 requests received in the prior year. BSEA hearing officers conducted full hearings resulting in the issuance of 12 decisions (the same number issued in the previous year). In addition, 98 substantive written rulings were issued (as compared to 78 in FY 2023).
Prevailing Party: parents; public school district; other
Of the 12 decisions noted above, parents fully prevailed in 1 school districts fully prevailed in 9, mixed relief was granted in 1 and 1 matter involved an LEA assignment.
Representation
Statistics with respect to outcome in relation to representation are as follows:
-- of the case 1 in which parents fully prevailed:
parent was represented by counsel and the school district were represented by counsel;
--of the 9 cases in which school districts fully prevailed:
parents were represented by an advocate in 2 matters and appeared pro se in 7 cases; the school district was represented by counsel in all 9 matters;
--of the 1 case which involved mixed relief, parent appeared pro se and the school district was represented by counsel;
--of the 1 case involving an LEA assignment, both school district were represented by counsel.
Settlement Conferences
As of the date of this report, settlement conferences were held in 42 of the cases that were filed for hearing in FY 2024 (as compared to 43 held in FY 2023 cases). Of these, 37 were fully settled.
[1]In addition to mediation and due process hearings (both of which must be offered pursuant to federal law), the BSEA offers alternative dispute resolution processes including IEP Team meeting facilitations and settlement conferences.
[2]A school district may not, however, request a hearing on a parent's failure or refusal to consent to initial evaluation or initial placement of a child in a special education program, or to written revocation of parental consent for further provision of special education and related services.
[3] In an effort to accommodate the high number of requests, the BSEA has secured funding for a full time facilitator, scheduled to begin late in FY 25.