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Massachusetts' Department of Education Special Education Information
Federal rules, laws, regulations; due process hearings; appeals, mediation, and more
The Massachusetts Department of Education
Special Education Information and Resources Special Education Appeals Overview of the BSEA and its dispute resolution processes The Bureau of Special Education Appeals ("BSEA") conducts mediations, advisory opinions and due process hearings to resolve disputes among parents, school districts, private schools and state agencies. The BSEA derives its authority from both federal law and regulations (the Individuals with Disabilities Education Act, "IDEA") and Massachusetts law and regulations. A parent or a school district may request mediation, advisory opinions and/or a hearing at any time on any matter concerning the eligibility, evaluation, placement, individualized education program (IEP), provision of special education in accordance with state and federal law, or procedural protections of state and federal law for students with disabilities. 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. 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. Mediations, advisory opinions and hearings are conducted by impartial mediators and hearing officers who do not have personal or professional interests that would conflict with their objectivity in the hearing or mediation. The BSEA consists of eight hearing officers, all of whom are attorneys, eight mediators, a coordinator of mediation, a scheduling coordinator, support staff, an assistant director and a director. The BSEA is located with the Massachusetts Department of Education, but is independent from the Department. Mediation About Mediation | The Mediation Process | Preparing for Mediation | Mediation FAQs About Mediation Special Education Mediation is a voluntary and confidential dispute resolution process available at no cost through the BSEA. When school personnel and parents disagree about the educational needs of a student with disabilities, either party may request mediation. In mediation, an impartial mediator helps parents and school staff clarify the issues and underlying concerns, explore interests, discuss options and collaborate to reach mutually satisfying agreements that address the needs of the student. The mediator does not decide how to resolve the dispute. When the parties resolve all or some of the issues, they work together with the mediator to put their agreement(s) in writing. This informal, collaborative problem-solving process encourages mutual respect, promotes communication and often provides the basis for positive working relationships between parents and school staff. For more information about mediation or to receive the name and telephone number of the mediator assigned to your region, contact the BSEA Coordinator of Mediation at (781) 338-6443. Due Process Hearings Advisory Opinion Process Hearing Officer 2004 Decisions Forms and Publications Laws, Regulations and Rules BSEA Organizational Details and Telephone Numbers |