Article Structure
The Massachusetts Hearing Request form serves as a critical tool for individuals seeking to initiate or amend a hearing regarding special education services. This form is utilized within the framework of the Bureau of Special Education Appeals (BSEA) and adheres to both federal and state regulations governing special education. It requires the completion of various sections that collect essential information about the student, the person requesting the hearing, and any legal representation involved. The form distinguishes between an initial hearing request and an amended request, ensuring clarity in the process. Detailed descriptions of the issues at hand must be provided, including the student's specific needs and the desired outcomes of the hearing. The form also emphasizes the importance of accuracy, as incomplete information may hinder the hearing's scope. Additionally, it mandates that the completed form be sent to both the opposing party and the BSEA, fostering transparency and compliance with procedural requirements. By understanding the components of this form, stakeholders can navigate the appeals process more effectively, ultimately advocating for the educational rights of students.
Massachusetts Hearing Request Example
T H E CO MMO NW E AL T H O F MAS S ACH US E T T S
D I V I S I O N O F A D M I N I S T R A T I V E L B U R E A U O F S P E C I A L E D U C A T I O N
1C O N G R E S S S T R E E T , 1 1 T H
B O S T O N , M A 0 2 1 1 4
A W A P P E A L S A P P E A L S
F L O O R
TEL:
FAX:
http://www.mass.gov/dala/bsea
Hearing Request Form
COMPLETE ALL ITEMS ON THIS FORM.
Description of the Appeals Hearing process: A Special Education Appeals Hearing is conducted in accordance with federal and state statutes as well as the BSEA Hearing Rules. The Hearing Officer may conduct a
explanation of the Appeals Hearing process as well as a copy of the BSEA Hearing Rules may be found at the BSEA’s website: http://www.mass.gov/dala/bsea
THIS FORM MAY BE USED TO FILE A HEARING REQUEST FOR THE FIRST TIME OR TO AMEND A HEARING REQUEST THAT HAS BEEN PREVIOUSLY FILED.
Please indicate whether this is an Initial Hearing Request or an Amended Hearing Request.
Please check one: Initial Hearing Request:
Amended Hearing Request:
I. Student Information:
1.Student’s Name:
2.Student’s Address:
3.Student’s School District:
4.School Student Attends:
II. Person Requesting Hearing:
1.Name of Person Requesting Hearing:
2.Please check one:
Parent |
Attorney for school |
Student (if 18 or older) |
Attorney for parent/student |
School District |
Advocate for parent/student |
Educational Surrogate Parent*
Guardian*
Person appointed by court to make educational decisions*
Individual with whom the student lives and who is acting in place of parent
|
|
|
*must attach copy of appointment. |
3. |
Address: |
|
|
4. |
Phone Number(s): Home: |
Work: |
FAX Number: |
III. Representation Information (if any):
Please check one: Parent
School
1.Name of Your Attorney or Advocate
2.Address:
3. Phone Number: |
FAX Number: |
IV. Parent Information
1.Name of Parent(s):
2.Address:
3. Phone Number(s): Home: |
Work: |
FAX Number: |
V. Second Parent Information (if different from above):
1.Name of Parent(s):
2.Address:
3. Phone Number(s): Home: |
Work: |
FAX Number: |
NOTE: Federal law requires that you completely and accurately describe the reason(s) you are asking for a hearing and the outcome you are seeking. This includes a description of the student’s special needs, all
of the issue(s) you want the hearing officer to address, and the facts relating to those issues.
Failure to provide complete information may result in a challenge to the sufficiency of the Hearing Request.
VI. Description of the issue(s):
Please describe the student, the student’s IEP or educational program, and the reason(s) you are requesting a hearing. Please be as complete as possible including dates, names, and places when appropriate. Please identify all the issues you want the hearing officer to address. Incomplete information may limit the scope of the hearing. (Use additional pages if needed.)
(Description of the issue(s) continued from Page 2)
VII. Proposed resolution of the problem:
Please explain what you want the result of the hearing to be. (Use additional pages if needed.)
________________________________ |
__________ |
Signature of Person Requesting Hearing |
Date |
THIS FORM MUST BE SENT TO THE OPPOSING PARTY. AT THE SAME TIME, YOU MUST SEND A COPY OF THIS FORM TO THE BSEA. PLEASE SIGN BELOW TO CERTIFY THAT YOU ARE COMPLYING WITH THIS REQUIREMENT.
I certify that I am sending this hearing request form to the opposing party, and at the same time I am sending a copy to the BSEA.
I am sending this form to the opposing party by the following delivery method(s):
Please check:
Fax
Other (specify)
_____________________________________
Signature
Form Specs
| Fact Name | Description |
|---|---|
| Governing Laws | The Massachusetts Hearing Request form is governed by federal and state laws related to special education, including the Individuals with Disabilities Education Act (IDEA) and Massachusetts General Laws Chapter 71B. |
| Purpose of the Form | This form is used to file a hearing request for the first time or to amend a previously filed request. |
| Contact Information | The form must be sent to the Bureau of Special Education Appeals (BSEA) at 1 Congress Street, 11th Floor, Boston, MA 02114. |
| Hearing Process Overview | A Special Education Appeals Hearing allows parties to present cases through witnesses and documents. The process is formal and can take from one day to multiple days. |
| Final Decision | The Hearing Officer issues a written decision based on the evidence and arguments presented during the hearing. |
| Appeal Period | Decisions made by the Hearing Officer can be appealed to federal or state court within ninety days of the decision's issuance. |
| Initial vs. Amended Request | The form requires the requester to indicate whether it is an Initial Hearing Request or an Amended Hearing Request. |
| Required Information | Complete and accurate information about the student’s special needs and the issues to be addressed is essential for the hearing request to be valid. |
| Signature Requirement | The form must be signed by the person requesting the hearing, certifying compliance with sending copies to the opposing party and the BSEA. |
| Delivery Methods | The requester must indicate how the form was delivered to the opposing party, such as by mail, fax, or hand-delivery. |
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