BSEA Standing Orders

These Orders clarify the Hearing Rules for Special Education Appeals with respect to practice before the BSEA.

Table of Contents

Standing Order 21-1

Effective March 1, 2021

Electronic Filing

All Hearing Requests, 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.

A. Hearing Requests should be filed at: BSEApleadings@mass.gov. Hard copies of Hearing Requests are not required but are accepted when the requesting party does not have access to an appropriate electronic medium.

B. Documents, correspondence and written communications other than Hearing Requests should be emailed directly to the assigned Hearing Officer’s email address and mailed, faxed or hand delivered to the BSEA Office at 14 Summer St., Malden, MA 02148.

C. All Hearing Requests, electronic/and hard copies of correspondence to the BSEA must be simultaneously copied to all other known parties.

Standing Order: BSEA 20-1

Effective August 1, 2019

Entities Receiving Public Funds to Provide Special Education: Standing

Consistent with 603 CMR 28.08 (3), private schools and agencies which receive public funding to provide special education services to a student are included within Hearing Rule I A. 4, and as such may initiate a hearing before the BSEA.

Standing Order: 20-01C

In order to maintain compliance with the timelines set out in 20 U.S.C. 1400 et seq. and M.G.L. c.71B, the BSEA continues to conduct dispute resolution proceedings, including Hearings, during the Covid 19 Emergency, while simultaneously effectuating the Governor’s COVID-19-related Emergency Closure and Re-opening plans. In accordance with the directive and example of the Massachusetts Supreme Judicial Court and the Massachusetts Trial Court Department, BSEA proceedings will be held remotely/virtually until further notice. All requests for a change of date, location or medium for holding due process hearings will continue to be considered on a case by case basis by the assigned Hearing Officer.

Standing Order: 20-2

Effective August 1, 2019

Motions to Join: Requirements

A party requesting that the BSEA add (“join”) a state agency or program to a special education appeal (under the authority of GL ch. 71B s. 3 and pursuant to BSEA Hearing Rule 1 (J)) must submit the following to the entity it seeks to join:

  1. A Motion to Join, stating the reason(s) the participation of the new entity is requested.
  2. The student’s full name and date of birth.
  3.  Copies of the original Hearing Request, any Amended Hearing Requests, responses from other parties and all Orders the BSEA has already issued in the proceeding.

The party requesting that the BSEA add (“join”) a state agency or program to a special education appeal (under the authority of GL ch. 71B s. 3 and pursuant to BSEA Hearing Rule 1 (J)) must, at the same time, submit the following to the BSEA and all existing parties:

  1. A Motion to Join, stating the reason(s) the participation of the new entity is requested.
  2.  A certification that the party requesting joinder has served the entity it seeks to join with copies of its Motion to Join and the original Hearing Request, any Amended Hearing Requests, responses from other parties and all Orders the BSEA has already issued in the proceeding.
  3.  A certification that the party requesting joinder has sent a copy of the Motion to Join to all existing parties.

The Motion to Join and the necessary additional documents must be sent by first class mail or facsimile.

The time period for response to the Motion to Join begins when all steps outlined above have been completed.

Standing Order: 20-02C

Standing Order: 20-02C has been DELETED effective March 1, 2021.

Standing Order: BSEA 20-3

Standing Order: BSEA 20-3 has been DELETED effective March 1, 2021.

    Contact

    Online

    Staff Directory BSEA Staff Directory 

    Fax

    781-397-4770

    Address

    14 Summer Street, 4th floor
    Malden, MA 02148
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