№ lp_2_3_05706
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This document is a legal decision issued by the Bureau of Special Education Appeals regarding the appropriateness of an out-of-district placement for a student with special education needs.
Year:
2023
Region / City:
North Attleboro, Massachusetts
Theme:
Special Education, Disability Law
Document Type:
Decision
Institution:
Bureau of Special Education Appeals
Author:
Hearing Officer Rosa Figueroa
Target Audience:
Legal and Educational Professionals, Parents of Children with Disabilities
Effective Period:
From April 26, 2023, to April 25, 2024
Approval Date:
Not specified
Amendment Date:
Not specified
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Year:
2025
Region / City:
Attleboro, Massachusetts
Theme:
Investment Management, Retirement Systems
Document Type:
Request for Proposal
Organization / Institution:
Dahab Associates, Inc.
Author:
Dahab Associates, Inc.
Target Audience:
Investment Firms, Fund Managers
Period of Action:
2025
Approval Date:
Not specified
Amendment Date:
Not specified
Year:
2025
Region / City:
Sudbury, Massachusetts
Theme:
Special Education Law, Dispute Resolution
Document Type:
Legal Decision
Institution:
Bureau of Special Education Appeals
Author:
Hearing Officer Rosa Figueroa
Target Audience:
Parents, Educational Institutions, Legal Professionals
Period of Validity:
2023-2025
Date of Approval:
February 28, 2025
Date of Amendments:
March 4, 2025
Year:
2024
Region / City:
Ashburnham-Westminster, Massachusetts
Topic:
Special education, IEP
Document type:
Decision
Authority:
Bureau of Special Education Appeals (BSEA)
Author:
Hearing Officer Rosa Figueroa
Target audience:
Educational administrators, special education professionals, families of students with disabilities
Period of validity:
June 8, 2023 – June 7, 2024
Approval date:
February 15, 2024
Amendment date:
N/A
Jurisdiction:
Massachusetts
Adjudicative body:
Division of Administrative Law Appeals, Bureau of Special Education Appeals
Case number:
BSEA #23-03670
Parties:
Student v. Brookline Public Schools
Document type:
Administrative ruling
Subject matter:
Special education due process
Legal framework:
Individuals with Disabilities Education Act
Issues addressed:
Motion to amend hearing request; student placement; statute of limitations; allegations of undue influence
Statute of limitations applied:
Two-year IDEA statute of limitations
Relevant period of claims:
October 2019 to present
Filing date of motion:
August 4, 2023
Related orders:
Ruling dated August 4, 2023; Order granting postponement dated August 10, 2023
Decision outcome:
Motion to amend granted in part
Hearing officer:
Rosa I. Figueroa
Date of ruling:
September 1, 2023
Year:
2023
Region / City:
Massachusetts
Theme:
Special Education, Policy, Mediation
Document Type:
Meeting Minutes
Organization / Institution:
Bureau of Special Education Appeals (BSEA)
Author:
N/A
Target Audience:
Members of the Advisory Council, Massachusetts Special Education Community
Period of Validity:
September 11, 2023
Approval Date:
September 11, 2023
Date of Changes:
N/A
Year:
2013
Region / City:
Boston, Massachusetts
Topic:
Education Law
Document Type:
Legal Ruling
Agency / Institution:
Bureau of Special Education Appeals, Massachusetts
Author:
Raymond Oliver
Target Audience:
Legal professionals, educators, parents of students with disabilities
Period of Validity:
N/A
Approval Date:
July 31, 2013
Date of Amendments:
N/A
Jurisdiction:
Commonwealth of Massachusetts
Agency:
Division of Administrative Law Appeals, Bureau of Special Education Appeals
Case Number:
BSEA # 2205000
Parties:
Student v. Swansea Public Schools
Hearing Officer:
Catherine Putney-Yaceshyn
Decision Date:
May 31, 2022
Hearing Dates:
April 27–28, 2022
Pre-Hearing Conference Date:
February 28, 2022
Governing Law:
Individuals with Disabilities Education Act (20 USC § 1400 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 USC § 794); MGL ch. 71B; MGL ch. 30A
Student Age:
3 years
Disability:
Bilateral mild to moderate sensorineural hearing loss
School District:
Swansea Public Schools
Educational Setting:
Espirito Santo School preschool, Fall River, Massachusetts
Relief Sought:
Determination of eligibility for special education, compensatory services, reimbursement for microphone purchase, provision of HAT system
Record:
Parents’ Exhibits P-1 through P-19; Swansea Exhibits S-1 through S-29; approximately 10.5 hours of oral testimony
Jurisdiction:
Commonwealth of Massachusetts
Region / City:
Springfield, Massachusetts
Adjudicative Body:
Bureau of Special Education Appeals, Division of Administrative Law Appeals
Case Number:
BSEA # 2208440
Parties:
Student v. Springfield Public Schools
Type of Document:
Administrative ruling on motion to dismiss
Subject Matter:
Special education law, IDEA, Title IX, constitutional claims, jurisdiction
Procedural Posture:
Motion to Dismiss and Motion to Quash
Date of Motion to Dismiss:
September 19, 2022
Date of Motion to Quash:
September 20, 2022
Hearing Status:
Issued without hearing pursuant to BSEA Hearing Rule VII(D)
Relief Sought by Parent:
Compensatory services, change of placement, findings of procedural and substantive violations
Outcome:
Motion to Dismiss allowed in part and denied in part
Year:
2024
Region / City:
Beverly, Massachusetts
Theme:
Special Education, Legal Dispute
Document Type:
Ruling
Organization / Institution:
Bureau of Special Education Appeals
Author:
Hearing Officer
Target Audience:
Legal professionals, education administrators, special education practitioners
Period of Validity:
N/A
Approval Date:
December 5, 2024
Amendment Date:
N/A
Year:
2017
Region / City:
Boston
Subject:
Special Education, Residential Placement, Mental Health
Document Type:
Legal Decision
Agency / Institution:
Bureau of Special Education Appeals
Author:
Rosa Figueroa
Target Audience:
Legal Professionals, Educators, Parents of Students with Disabilities
Effective Period:
April 12, 2017 – April 26, 2017
Approval Date:
April 12, 2017
Amendment Date:
None
Year:
2015
Region / City:
Newton, Massachusetts
Topic:
Special Education, Procedural Due Process, Eligibility for Services
Document Type:
Legal Decision
Institution:
Commonwealth of Massachusetts, Division of Administrative Law Appeals
Author:
Hearing Officer Rosa Figueroa
Target Audience:
Legal professionals, educators, parents of children with disabilities
Period of Action:
2012-2015
Date of Approval:
Not specified
Date of Changes:
Not specified
Year:
2022
Jurisdiction:
Massachusetts, United States
Institution:
Bureau of Special Education Appeals, Division of Administrative Law Appeals
Case Number:
BSEA #2205685
Type of Document:
Administrative legal ruling with errata
Parties:
Student v. Melrose Public Schools
Subject:
Special education dispute and summary judgment motion
Legal Framework:
Special education law and procedural safeguards
Educational Context:
Individualized Education Program (IEP) eligibility and implementation
Issues Considered:
Stay-put rights notice, acceptance and implementation of IEPs, provision of compensatory services
Student Status:
Eighth grade student receiving services under Neurological Disability category
Referenced Agencies:
Department of Elementary and Secondary Education (DESE)
Procedural Action:
Motion for Summary Judgment partially allowed and partially denied
Date of Initial Ruling:
November 22, 2022
Year:
2025
Jurisdiction:
Massachusetts, USA
Subject:
Special Education / Student Placement Dispute
Document Type:
Legal Ruling / Administrative Decision
Issuing Body:
Bureau of Special Education Appeals, Commonwealth of Massachusetts
Parties Involved:
Student, Franklin Public Schools, Department of Developmental Services, Department of Elementary and Secondary Education
Author:
Hearing Officer
Relevant Period:
February–March 2025
Case Number:
BSEA #2500429
Procedural History:
Parent filed a motion to join DESE; motion denied without prejudice; student placement disputes described
Educational Programs Discussed:
Perkins School for the Blind, Evergreen Center, BICO Collaborative program, Crotched Mountain School
Legal References:
20 USC 1401(32), 34 CFR 300.101(b), IDEA Part B, 101 CMR 27.01, 603 CMR 28.06(3)(e)
Interim Services:
DESE/DDS in-home educational services program, Family Support Navigation hours, DESE/DDS support funds
Disputed Issues:
Appropriateness of placements, conditions for enrollment, parental rejection of placements
Year:
2021
Jurisdiction:
Commonwealth of Massachusetts
Subject:
Special education compliance and sanctions
Document type:
Legal ruling
Issuing body:
Bureau of Special Education Appeals
Case number:
BSEA #2104095
Parties involved:
Hamilton-Wenham Regional School District, Parents, Student
Relevant dates:
June 22, 2021 (Decision), August 19, 2021 (Motion for Sanctions), August 24, 2021 (Opposition and Motion by Parents), August 30, 2021 (Submission of reports)
Legal framework:
Individuals with Disabilities Education Act (IDEA), Massachusetts special education regulations
Key issues:
Non-compliance with BSEA decision, parental interference, implementation of educational assessments
Year:
2016
Jurisdiction:
Massachusetts, USA
Type of document:
Administrative hearing decision
Governing law:
M.G.L. c. 71B; 20 U.S.C. § 1401 et seq.; 29 U.S.C. § 794
Issuing body:
Massachusetts Division of Administrative Law Appeals, Special Education Appeals
Parties involved:
Student, Parents, Littleton Public Schools
Hearing dates:
March 22–24, 2016
Key participants:
Hearing Officer Catherine Putney-Yaceshyn, attorneys, school psychologists, teachers, court reporter
Main issues:
Compliance with 504 plan, eligibility for IEP, provision of compensatory services, amendment of current IEP
Source type:
Legal/administrative case record
Record content:
Exhibits P-1 to P-90, S-1 to S-53, six hours of oral testimony