Family & Community Special Communities
Special Education Appeals

Due Process Hearings

How to request a hearing

Who may request a hearing

Information to be included in the hearing request

What issues may be addressed through a hearing

Scheduling a hearing date

Pre-hearing conference

Subpoena Authority

Transcripts

What happens at a hearing

Representation by an attorney or advocate

Hearing officers

Hearing decisions

Rules and regulations governing BSEA hearings

Hearing decisions: The decision of the BSEA hearing officer is a final agency decision and is not subject to reconsideration by the BSEA or the Department of Elementary and Secondary Education. The decision may be appealed to the Massachusetts Superior Court or the United States District Court within 90 days from the date of the decision.

A party contending that a BSEA decision is not being implemented may file a motion with the BSEA stating that the decision is not being implemented and describing the areas of non-compliance. The hearing officer may convene a hearing at which the scope of the inquiry is limited to facts bearing on the issue of compliance, facts of such a nature as to excuse performance, and facts bearing on a remedy. Upon a finding of non-compliance, the hearing officer may fashion appropriate relief.