How to Request a BSEA Hearing

You do not need to use the Hearing Request form, but it may be easier.  The form helps ensure that you include all the required information.  However, you may choose to submit your own written request, so long as it includes all the following required elements.  While the optional elements are not required, including them in your hearing request will assist with the processing of the matter.

The hearing request should be signed and dated by the person who is requesting the hearing.  The person requesting the hearing must confirm in writing that he/she has sent the hearing request to the opposing party and must indicate the method (e.g., fax, mail, e-mail, hand-delivery) by which the request was sent.

Required Elements:

1. Name of child
2. Address of the residence of the child
3. Name of School child is attending
4. In the case of a homeless child or youth, within the meaning of the McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), available contact information for the child and the name of the school the child is attending;
5. A description of the nature of the problem of the child relating to the proposed or refused initiation or change, including facts relating to the problem; and
6. A proposed resolution of the problem to the extent known and available to the party at the time.

This additional information should be included^[1]:

1. Name, Address, telephone number and email address if any, of:

• Person requesting hearing;
• Parent(s);
• Legal Guardian, if any;
• Individual given court-appointed educational decision-making authority, if any;
• Duly appointed educational surrogate parent, if any; and
• Individual with whom the child lives and who is acting in place of the parent, if any; 

2. Relationship to student of person requesting hearing;
3. Name of programmatically and fiscally responsible school district(s) and/or name of state educational agency or other state agency(ies);
4. If applicable, the name, address, phone number, fax number and email address of the attorney or advocate representing the party who is requesting a hearing; and
5. Primary language of the home, if not English, and whether interpretation and/or translation will be needed.

[1]  While this information is not mandated by the IDEA, including it will enable the BSEA and opposing party to more effectively and efficiently communicate and respond to the Hearing Request.