The Bureau of Special Education Appeals , which derives its authority from both federal and Massachusetts statutes and regulations (the Individuals with Disabilities Education Act; "IDEA"; MGL ch.71B; Section 504 of the Rehabilitation Act of 1973) conducts due process hearings and renders Rulings and Decisions concerning eligibility, evaluation, placement, individualized education programs (IEP), provision of special education and procedural protections for students with disabilities.
Who we serve
Parents, students, school districts, private schools and state agencies in matters concerning eligibility, evaluation, placement, individualized education programs (IEPs), special education services and procedural protections for students with disabilities.
Standing Orders:
BSEA Revises Standing Order 23-1.
Order: BSEA 23-1 has been REVISED effective October 16, 2023.
Standing Order 23-1R
Effective October 16, 2023
Electronic Filing
Except as provided in Section A3 below, all Hearing Requests, motions, pleadings, documents, correspondence, and other written communications must be filed by email unless (a) otherwise ordered by the Hearing Officer; or (b) a party lacks access to appropriate or sufficient electronic medium. All Hearing Requests, motions, pleadings, documents, correspondence, and other written communications submitted to the BSEA must be simultaneously copied to all other known parties.
Read the full Order...
Please see the Standing Orders web page for all BSEA Standing Orders.
Request for Public Comment
The U.S. Department of Education’s Office of Special Education Programs (OSEP) has notified the Bureau of Special Education Appeals (BSEA) that it will conduct a regularly scheduled monitoring review in December 2025 relating to the BSEA’s implementation of the due process and mediation special education requirements. All states are subject to this monitoring review and our last review was in 2018. A major focus of this onsite review, that is still two years away, will be to ensure that all of our procedures and practices comply with the due process hearing and mediation requirements under the Individuals with Disabilities Education Act (IDEA). In order to achieve this goal, we are taking the following steps:
- The BSEA has drafted revisions to its
- Hearing Rules for Special Education Appeals (“Hearing Rules");
- Hearing Request Form;
- Pro Se Litigant Guide; and
- BSEA Reference Manual.
- The BSEA has also drafted a new BSEA Mediation Manual (“Mediation Manual”).
- The draft documents can be accessed on the Request for Public Comment webpage. (The version of all revised documents posted shows substantive changes only. All formatting, stylistic and typographical edits are not displayed). Additionally, an outline of the proposed changes is provided. If you need to have these documents translated in a language not posted, please contact us and we will provide it at no cost.
- Although the "Hearing Rules with revisions" document is the only document for which a public comment period is legally required, in the spirit of transparency and so as to obtain constituent feedback, the BSEA is also seeking public comment on the revisions to all the existing documents and the new draft Mediation Manual.
- As the Mediation Manual is the only new document, public comments on the entire Manual are sought. For all other documents, as they are only being revised at this time, please only comment on the revisions themselves. Any written comments may be submitted by:
Mail: Massachusetts Bureau of Special Education Appeals
14 Summer Street, 4th Floor, Malden, MA 02148
Fax: 781-397-4770
Email: BSEA.Director@mass.gov
The public comment period will close on March 25, 2024.
- Public comment can also be made in person or virtually at the BSEA Advisory Council meeting scheduled for March 18, 2024, from 10:00 a.m. to 12:00 p.m. Interpreter support will be available. More information about the BSEA Advisory Council meeting, including directions for providing public comment, the virtual access link, and how to obtain interpreter support at no cost, can be found on the Advisory Council webpage.