BSEA Standing Orders

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

Standing Order 23-1R

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. 

A1. Hearing Requests should be filed at: [e-mail]. Hard copies of Hearing Requests are not required but are accepted when the requesting party does not have access to an appropriate electronic medium.

A2. All written submissions other than Hearing Requests, including but not limited to, motions, pleadings, documents, correspondence and written communications shall be emailed directly to the assigned Hearing Officer’s email address as an attachment, unless otherwise allowed by the Hearing Officer.

A3. Exhibits submitted for Due Process Hearings on the merits must be filed in hard copy unless otherwise permitted or ordered by the Hearing Officer. Nothing contained within this Standing Order shall change the requirements of BSEA Hearing Rule VIII pertaining to exhibits to be submitted for hearing.

B. In addition to emailing, all Hearing Requests, motions, pleadings documents, correspondence and other written communications over 25 pages (inclusive of exhibits), shall also be mailed or delivered in hand to the office of the BSEA, 14 Summer Street, 4^th Floor, Malden, MA, 02148.

C. Notice of actions and other communications from the Hearing Officer shall be delivered by email, unless the Hearing Officer determines otherwise, or a party lacks access to sufficient electronic medium.  Decisions and dispositive Rulings will also be mailed to the 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: 20-2

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.