Family & Community Special Communities
Special Education Appeals

Summary of Substantive Changes to BSEA Hearing Rules

Rule I A

Added a footnote requiring copy of appointment for ESP, legal guardian, etc.

Rule I B

Added a footnote indicating that serving a hearing request on a school administrator or school attorney shall be deemed sufficient service.

Clarified that operative date for calculating timelines is date opposing party receives hearing request.

Pursuant to 603 CMR 28.08 (3), added the words “or other state agency” to list of parties to be named.

Added requirement that method of service be specified.

Rule I E

Former last paragraph of this section deleted and incorporated into Rule IG.

Rule I F

Footnote added defining resolution meeting and consequences of failure to attend.

Rule I G

Rule II A

Reinforced that timelines begin to run from date opposing party receives hearing request.

Changed timeline for scheduling of initial hearing date on school-initiated hearing requests to 20 calendar days after receipt by opposing party.

Added 20 calendar day timeline for scheduling hearings on appeals of LEA assignments.

Rule II C

Added bases, in addition to discipline, for expedited status.

Rule II D

Added practice of an automatically scheduled conference call 19 calendar days after hearing request has been received by opposing party.

Rule II F

Deleted this section (Special Consideration).

Rule III B

Deleted reference to Special Consideration.

Rule III C

Added description of the Advisory Opinion Process.

Rule VI B 1

Added ability to secure documents through issuance of subpoena duces tecum to non-party

Rule VII C

Added the requirement that motions must be accompanied by signed statement attesting to service on other party, and method of service; allowing 7 calendar days from filing with hearing officer and opposing party for submission of objections/request for hearing on motion.

Rule VIII B

Added issuance of a subpoena duces tecum to non-party directing that documents be delivered to the office of requesting party prior to the hearing date.

Rule X E

Added that Hearing Officer will not allow filing of written closings more than 30 calendar days after the last day of hearing.

Rule XVII B

Added lack of jurisdiction as basis for filing a motion to dismiss.

Rule XVII E

Clarified that if moving party withdraws hearing request prior to the commencement of the hearing, such withdrawal automatically closes the case without prejudice, unless Hearing Officer and parties agree otherwise.

RuleXVIII

Added Rules re: Appeals of LEA Assignments.

1other than purely semantic, mechanical, or de minimis