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

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.

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 ESE assignment of responsibility to the BSEA.