Massachusetts Hearing Request Form PDF Details

In the heart of Massachusetts' legal framework for Special Education, lies the Hearing Request Form—a critical document for those seeking to appeal decisions related to a student's educational plan. Housed within the Division of Administrative Law Appeals, specifically the Bureau of Special Education Appeals, this form serves as the initial step for parents, guardians, or educational representatives to challenge or amend decisions concerning a student's special education needs. The process is defined by a commitment to both federal and state statutes, ensuring that every hearing is conducted with the utmost respect for legal and procedural integrity. The form requires detailed information about the student, the person requesting the hearing, and the nature of the appeal, including the specific outcomes sought. Furthermore, the form guides the appellant through the necessity of describing the student’s special needs, the issues at hand, and the desired resolution, emphasizing the importance of thoroughness in articulation. This process underscores the significance of being concise yet comprehensive, as failure to provide complete and accurate information can lead to challenges in the sufficiency of the Hearing Request. Addressing a spectrum of concerns, from the initial request to the potential for an amended request, the Massachusetts Hearing Request Form is a pivotal tool in advocating for the educational rights and needs of students with special needs.

QuestionAnswer
Form NameMassachusetts Hearing Request Form
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namesmassachusetts motion request for habe, fair hearing request form ma, bsea request get, ma hearing request form

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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: 617-626-7250

FAX: 617-626-7270

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 pre-hearing conference prior to the full hearing. The formal administrative hearing allows the parties to present their respective cases through witnesses who testify under oath and documents that are entered into evidence. Hearings can last from a single day to multiple days. The Hearing Officer issues a final written decision based upon the submitted evidence and legal arguments. A Hearing Decision may be appealed to federal or state court within ninety days of the issuance of the decision. Further

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 -- please provide information for each parent (if not listed in part II, page 1):

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:

Mail

Fax

Hand-delivery

Other (specify)

_____________________________________

Signature