Paige Tobin and Caitlin Leach Mulrooney Co-Author Special Education Commentary
Paige Tobin and Caitlin Leach Mulrooney co-authored a commentary published in the Massachusetts Special Education Law Reporter (MSER) this past quarter entitled, “The Greatest Secrets Are Hidden In the Most Unlikely Places: Discovery Disputes at the BSEA.”
As the title suggests, Paige and Caitlin’s commentary analyzes discovery and discovery-related matters in recent BSEA decisions and rulings. These discovery matters are generally governed by Rule V of the Massachusetts Bureau of Special Education Appeals (BSEA) Hearing Rules, which permits parties to conduct discovery in BSEA proceedings in the form of requests for production of documents, interrogatories, and in extremely limited circumstances, depositions. In cases of where limitations to the scope of discovery may be required, Rule V enables hearing officers to issue protective orders to “protect a party from undue burden, expense, delay, or as otherwise deemed appropriate by the Hearing Officer.”
While discovery-related disputes are usually resolved without significant and without the involvement of the BSEA hearing officer, the commentary observes that the number of rulings on discovery disputes in the Fourth Quarter of 2022 was notably high. The commentary surveys these recent decisions, noting that the rulings were generally favorable to the school district parties, including a number of separate rulings in In Re: Springfield Public Schools, BSEA No. 2208440 (Hearing Officer Alina Kantor Nir); In Re: Springfield Public Schools, BSEA Nos. 2203555 and 2210887 (Hearing Officer Sara Berman); and In Re: Boston Public Schools, BSEA No. 2301267 (Hearing Officer Marguerite Mitchell).
The commentary concludes with helpful tips for educators, school administrators, and attorneys regarding the best practices to prepare for and respond to discovery requests, including reminders concerning the potential discoverability of staff communications and emails, parent language needs, protective orders, and the confidentiality of peer records.
Paige and Caitlin are shareholders at Murphy, Lamere & Murphy, P.C., and they focus their practices in the area of education law. Paige is a regular contributor to MSER, frequently providing commentary on hot topics and recent cases from the BSEA.
The full text of this commentary, as well as other recent commentaries from MLM attorneys in the field of special education law, can be found in recent editions of the Massachusetts Special Education Law Reporter. MSER is a quarterly publication from Landlaw, Inc. that includes a collection of recent decisions from the Massachusetts Bureau of Special Education Appeals as well as expert commentary by renowned special education lawyers.
