Learn about Due Process Hearings

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What Issues May be Addressed Through a Hearing

A due process hearing may address a dispute concerning the eligibility, evaluation, placement, individualized education program (IEP), provision of special education, or procedural protections of state and federal law for students with disabilities. In addition, a parent may request a hearing on any issue involving the denial of the free appropriate public education guaranteed by Section 504 of the Rehabilitation Act of 1973.

A school district may not request a hearing on a parent's failure or refusal to consent to initial evaluation or initial placement of a child in a special education program or on a parent's written revocation of consent for further receipt of all special education and related services.

A due process hearing may be used to resolve a dispute between parents, school districts¹, private schools and state agencies. The extent of BSEA's jurisdiction over state agencies is limited by statute and regulation. See MGL c. 71B, s. 3; 603 CMR 28.08(3).

The party requesting the hearing shall not be allowed to raise issues at the hearing that were not raised in the hearing request, unless the other party agrees or the hearing request is amended in accordance with state and federal law.

¹ Note: Refer to Regulation 28.10 (9), effective July 1, 2005, which prescribes with specificity the discrete procedure applicable when a school district appeals a DESE assignment of responsibility to the BSEA.

Scheduling a Hearing Date

Upon receipt of a written hearing request, the BSEA will notify the parties in writing of the name of the assigned hearing officer, a date for the hearing, and timelines for federally required procedures.

An expedited hearing may be requested pursuant to BSEA Hearing Rule II, which sets forth the criteria for expedited hearing status. Any party may request that the hearing date be advanced or postponed by sending a written request to the BSEA. A copy must be sent to the opposing party. This request must contain the reasons for the postponement or advancement and proposed alternate dates. A BSEA postponement request may (but is not required to) be used for this purpose. A party may also request that a pre-hearing conference occur prior to the hearing.

Pre-Hearing Conference

In most cases, the hearing officer will hold a pre-hearing conference prior to the due process hearing. The principal purposes of the pre-hearing conference are to (1) clarify the issues in dispute, (2) discuss scheduling and hearing preparation and (3) explore the possibility of informal resolution.

Subpoena Authority

Upon the request of a party or on its own motion, the BSEA may issue a subpoena to require a person to appear and testify and to produce documents at the hearing. Please see the BSEA Hearing Rules.

Rules and Regulations Governing BSEA Hearings

Due process hearings are conducted in accordance with the Massachusetts Administrative Procedure Act, the Formal Standard Adjudicatory Rules of Practice and Procedure. BSEA due process hearings are also governed by the BSEA Hearing Rules which set forth the rights and responsibilities of the parties. Department of Elementary and Secondary Education regulations further describe the due process hearings and the authority of the BSEA hearing officers.