BSEA Issues New Standing Orders Addressing COVID-19-Related Issues

The Bureau of Special Education Appeals (“BSEA”), the state’s administrative body that handles special education cases, has recently issued Standing Orders to address the challenges presented by COVID-19. In order to comply with federal and state mandates requiring that special education timelines be maintained during this global pandemic, the BSEA has ordered that it will continue to hold resolution proceedings (which include Due Process Hearings). In light of the state’s closure and re-opening plans, these resolution proceedings shall be done remotely or virtually and not in-person until further notice. Any requests for a change in date of the resolution proceedings, location of the proceedings, and/or mediums from which to conduct these proceedings must be made to the individual Hearing Officer assigned to the case.

The BSEA’s new Standing Orders also allow for Hearing Officers and Mediators to accept submissions of correspondence or documents through email, in addition to paper (such as fax or mail), so long as all parties are copied on the electronic correspondence. Hearing Requests cannot be submitted via email and must still be submitted via mail, fax, or hand-delivery.

COVID-19 has had an adverse impact on many parts of our lives, and it has also disrupted administrative proceedings for special education cases in Massachusetts, which in the past were exclusively conducted in-person. These new Standing Orders provide a necessary and welcome alternative to in-person resolution proceedings during this time. The BSEA’s Standing Orders can be found here: https://www.mass.gov/orgs/bureau-of-special-education-appeals.

Special Education Today is a publication of the Special Education & Disability Rights practice group at Kotin, Crabtree & Strong, LLP in Boston, Massachusetts.

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