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In Re: Student v. Longmeadow Public Schools BSEA# 25-10207

COMMONWEALTH OF MASSACHUSETTS

Division of Administrative Law Appeals

Bureau of Special Education Appeals

In Re: Student v. Longmeadow Public Schools

BSEA# 25-10207

RULING ON MOTIONS

The procedural history of this matter is delineated in prior rulings and orders. For the purpose of this Ruling, I note that on October 28, 2025, the parties met via Zoom to discuss outstanding issues for the hearing, which, at that time, was scheduled for November 4 and 12, 2025.[1]  The following issues for Hearing were clarified during the call[2]:

  1. Whether Longmeadow failed to implement Student’s IEP for the period 3/18/22 to 3/17/2023, as amended on November 18, 2022[3], from March 21, 2023 until the end of the 2022-2023 school year (during Student’s ninth grade) (i.e., access to assistive technology and other accommodations);
  2. Whether Longmeadow failed to implement the accepted stay put IEP (3/18/22 to 3/17/2023, as amended on November 18, 2022) and accepted portions, if any, to the IEP for the period 12/20/2023 to 12/19/2024 during the 2023-2024 school year (during Student’s tenth grade) i.e., access to assistive technology and other accommodations);
  3. Whether the  IEP for the period 12/20/2023 to 12/19/2024 failed to offer Student a FAPE for the 2024-2025 school year[4];
  4. Whether Longmeadow violated Student’s and Parent’s procedural due process rights during the relevant time period in the 2022-2023 school year (i.e., March 21, 2023 through the end of the school year) and 2023-2024 school year, including whether Longmeadow violated the child find requirement of the law in failing to identify a specific learning disability in written expression;
  5. Whether the District failed to propose an IEP in a timely manner for the 2024-2025 school year;
  6. If the answer to any of the above is affirmative, then what is the proper remedy?
  7. Whether Parent is eligible for reimbursement for a July 2024 privately funded independent educational evaluation, and, if so, whether she is eligible for such reimbursement in full (i.e., at a rate above the state rate)?

During the Zoom call, Parent indicated that she was also asking for reimbursement for the 2025-2026 school year as the April 2025 IEP is also in dispute. Upon review of the Parent’s May 5, 2025 Notice of Submission of Amended Hearing Request, I noted that the substantive appropriateness of the April 2025 IEP was not raised by Parent, and as such, if Parent wished to introduce this issue at hearing, she must file a motion to amend the hearing request.[5] 

On October 29[6], 2025, Parent filed Parent’s Motion To Amend The Hearing Request and Motion for Clarification/Motion for Consideration[7] (for this Ruling, Motion for Clarification and Motions for Reconsideration, respectively) seeking to amend the hearing request “to include violations and concerns that [] developed since the initial filing on March 21, 2025.” Parent asserted that the “violations are continuation from issues at hearing and revolve around the same parent concerns, evidence, witnesses, and underlying facts.” As such, she  requested that the following issues be addressed within the pending case.[8]

  1. The district failed to provide an IEP from December 20th, 2024 – April 19th, 2025 [Parent noted that “[T]his IEP meeting was not scheduled, or any scheduling attempts made, until after the parent filed the March 21st, 2025, BSEA Hearing [R]equest]”;
  1. Proposed IEP from April 16th, 2025, was not provided to the parent for review until May 7th, 2025;
  1. April 16, 2025, IEP failed to provide the student with FAPE and was rejected by the parent.
  1. The proposed IEP failed to acknowledge or consider the trauma the student suffered …. The proposed IEP also notably did not include Autism or SLD in writing in the eligibility criteria. A full inclusion program at LHS was proposed.
  1. The district did not hold a timely meeting to review the rejected IEP and parent concerns.
  1. The district failed to convene an IEP meeting to consider the IEE results within 10 school days.
  1. The district has failed to provide assistive technology for the 2024-2025 and 2025-2026 school year.

Parent also requested the following “remedies for consideration at hearing”[9]:

  1. Reimbursement for tuition and related expenses for [Student’s] enrollment at FlexSchool for the full period of deprivation of FAPE, extending through the date of the BSEA decision;
  1. Designate FlexSchool as the student’s stay-put placement pursuant to 20 U.S.C. §1415(j) and 34 C.F.R. §300.518, pending the District’s location or creation of an appropriate approved program consistent with his IEP needs; and
  1. Direct the District to comply with 603 CMR 28.06(3)(d) by initiating a search for an            appropriate approved out-of-district placement and, if none exists, promptly apply to DESE for program approval consistent with [Student’s] profile and Team recommendations.”

In addition, Parent requested “reconsideration” of Ruling on Parent’s Notice of Non-Compliance/Parent’s Motion to Compel Discovery/ Motion for Sanctions/Motion for Continuance issued on October 27th, 2025 by the undersigned in which I denied Parents’ request that the District produce “all documents related to the alteration of [Student’s] final English grade10 during the 2023– 2024 school year, including but not limited to: A PowerSchool audit log showing the user, date, time, and nature of each entry or edit related to the student’s English grades; an anonymized version of the detailed grade report for all students in the student’s English class showing whether assignments or exam grades were excluded from final grade calculations.” Parent noted that the District had indicated “there is no such documentation,” but that this was “categorically untrue.” She asked for “audit logs” or  a “‘detailed grade report’  for all students in the English class in question, [which] could easily be run by the district IT.” (Motion for Reconsideration of October 27 Ruling)

Simialrly, Parent sought “reconsideration” of Hearing Officer Rosa Figueroa’s Ruling on Longmeadow Public Schools’ Motion for Protective Order Relative to Parent’s [Revised] First Request for Production of Documents and Interrogatories; Longmeadow’s Motion for Protective Order Relative to Parent’s Request for Issuance of Subpoenas; and Parent’s Notice of Non-Compliance/Parent’s Motion to Compel Discovery issued on October 14th, 2025 in which Hearing Officer Figueroa  allowed the District’s protective order for Parent’s subpoena for Ms. [], who was “Student’s special education teacher who implemented the student’s IEP from March 21st, 2023 – mid September 2023.”  Parent now asserted that Ms. []’s testimony is necessary to address implementation failures during that time, including the District’s failure to provide Student with an iPad. (Motion for Reconsideration of October 14 Ruling)

Following receipt of Parent’s amended hearing request, on October 29, 2025, the Bureau of Special Education Appeals (BSEA) issued an Amended Notice of Hearing, scheduling the matter for December 2, 2025. Counsel asked that the hearing be scheduled for January 2026 as she had no availability before then. Subsequently, on October 30, 2025, I issued a Ruling allowing Parents’ Motion to Amend. Over Parent’s objection, I also allowed the District’s Motion to Postpone for good cause.[10]

On October 29, 2025, via email, Parent sought a temporary order allowing the Student to join Longmeadow High School extracurriculars, noting that his exclusion since May 2024 causes ongoing, irreparable harm and lost opportunities, despite no cost to the District (Motion to Allow Participation in Extracurricular Activities)

On October 30, 2025, Longmeadow Public Schools (Longmeadow or the District) filed Longmeadow Public Schools’ Response To Parent’s Motion To Amend Hearing Request/Clarification/Motion For Reconsideration (Response), seeking an

“Order that discovery is complete. In addition, the District is hereby relying upon the issues set forth by Hearing Officer Kantor Nir in the October 30, 2025 on the first page of her ruling, as the agreed upon and only issues that will be raised by the Parent in the Hearing, and any new issues that the Parent wishes to raise beyond these must be addressed in a separate hearing request filing.”

The District’s Response asserted that the request for extracurricular participation for Student was outside the BSEA’s jurisdiction.[11] Parent unenrolled Student on August 24, 2024, and he now attends an out-of-state private virtual school, which, under Massachusetts law, classifies him as homeschooled. No homeschool plan has been approved, and Massachusetts law does not require districts to allow homeschooled students to participate in public school activities. Therefore, this issue falls beyond the BSEA’s authority. (Motion to Dismiss Extracurricular Issue)

LEGAL STANDARD AND APPLICATION OF LEGAL STANDARDS:

  1. Parent’s Motion to Allow Participation in Extracurricular Activities and Longmeadow’s Motion to Dismiss Extracurricular Issue 
  1. Legal Standards:
  1. Motion to Dismiss

Pursuant to Rule XVII A and B of the Hearing Rules and 801 CMR 1.01(7)(g)(3)[12], a hearing officer may allow a motion to dismiss if the party requesting the hearing fails to state a claim upon which relief can be granted. These rules are analogous to Rule 12(b)(6) of the Federal Rules of Civil Procedure. As such, hearing officers have generally used the same standards as the courts in deciding motions to dismiss for failure to state a claim. To survive a motion to dismiss, there must exist “factual ‘allegations plausibly suggesting (not merely consistent with)’ an entitlement to relief.”[13] The hearing officer must take as true “the allegations of the complaint, as well as such inferences as may be drawn therefrom in the plaintiff’s favor.”[14] These “[f]actual allegations must be enough to raise a right to relief above the speculative level.”[15]

  1. Jurisdiction of the BSEA

20 U.S.C. § 1415(b)(6) grants the Bureau of Special Education Appeals (BSEA) jurisdiction over timely complaints filed by a parent/guardian or a school district “with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child.”[16]  In Massachusetts, a parent or a school district, “may request mediation and/or a hearing at any time on any matter[17] concerning the eligibility, evaluation, placement, IEP, provision of special education in accordance with state and federal law, or procedural protections of state and federal law for students with disabilities.”[18] Nevertheless, it is well established that matters that come before the BSEA must involve a live or current dispute between the Parties.[19] In addition, the BSEA “can only grant relief that is authorized by these statutes and regulations, which generally encompasses orders for changed or additional services, specific placements, additional evaluations, reimbursement for services obtained privately by parents or compensatory services.”[20]

  1. Access to Extracurricular Activities

According to the Department of Elementary and Secondary Education, “[e]ach school district may establish its own policy on whether to allow home-schooled students to participate in its programs. While not required, school districts have the discretion to allow home-schooled students to join district-provided courses, programs, or extracurricular activities, including athletics. This is a local decision, and DESE does not review those decisions.”[21]

Longmeadow Public Schools states on its website that a “student being educated in a home-based program within the District may have access to public school activities of either a curricular or extracurricular nature upon approval of the Superintendent.”[22]

  1. Application of Legal Standards:

Taking as true the allegations in the complaint, as well as such inferences as may be drawn therefrom in the Parent’s favor,[23] I find that Parent’s claim relative to Student’s access to extracurricular activities must be dismissed for lack of subject matter jurisdiction. Specifically, Parent’s claim does not concern “the eligibility, evaluation, placement, IEP, provision of special education in accordance with state and federal law, or procedural protections of state and federal law for students with disabilities.”[24] Instead, it concerns a local policy decision that is within the discretion of Longmeadow’s Superintendent. As such, the claim relating to Student’s access to extracurricular activities is DISMISSED for lack of subject matter jurisdiction.

  1. Motion for Reconsideration of October 27, 2025 Ruling
  1. Legal Standard:

As the BSEA Hearing Rules and 801 CMR 1.01 et seq. are silent on issue of whether a party has a duty to create new evidence or documents (such as an audit log) in response to a discovery request, I turn to the Massachusetts Rules of Civil Procedure for guidance. Pursuant to Mass. R. Civ. P. 26(b)(1), discovery extends only to matters relevant to the subject matter involved, including the existence and location of documents or tangible things, but it does not compel a party to create new materials. Similarly, Mass. R. Civ. P. 34(a)(1)(A) authorizes requests for existing documents or electronically stored information (ESI) within a party’s possession, custody, or control, but it does not require a responding party to compile or produce information in a new form that does not already exist.

  1. Application of Legal Standard:

Parent requested “reconsideration” of Ruling on Parent’s Notice of Non-Compliance/Parent’s Motion to Compel Discovery/ Motion for Sanctions/Motion for Continuance issued on October 27th, 2025 by the undersigned.  In said Ruling, I denied Parent’s request that the District produce “all documents related to the alteration of [Student’s] final English grade10 during the 2023– 2024 school year, including but not limited to: A PowerSchool audit log showing the user, date, time, and nature of each entry or edit related to the student’s English grades; an anonymized version of the detailed grade report for all students in the student’s English class showing whether assignments or exam grades were excluded from final grade calculations.”

 The District asserts that “there is no such documentation.”  Under Massachusetts law, a party is not required to create a document that does not already exist, such as by running an audit log or generating a report, as requested by Parent. Therefore, Parent’s Motion for Reconsideration of October 27 Ruling is DENIED.

  1. Motion for Reconsideration of October 14, 2025 Ruling
  1. Legal Standard:

Both the BSEA Hearing Rules and the Formal Standard Adjudicatory Rules of Practice and Procedure which govern due process hearings at the BSEA allow Hearing Officers to issue, vacate or modify subpoenas.[25] Pursuant to BSEA Hearing Rule VII B:

“Upon the written request of a party, the BSEA shall issue a subpoena to require a person to appear and testify and, if requested, to produce documents at the hearing. A party may also request that the subpoena duces tecum direct the documents subpoenaed from a non-party be delivered to the office of the party requesting the documents prior to the hearing date.”

According to BSEA Hearing Rule VII C:

“A person receiving a subpoena may request that a Hearing Officer vacate or modify the subpoena. A Hearing Officer may do so upon a finding that the testimony or documents sought are not relevant to any matter in question or that the time or place specified for compliance or the breadth of the material sought imposes an undue burden on the person subpoenaed.”[26]

Hearing Officers often rely on the Federal Rules of Civil Procedure for guidance. Under the Federal Rules, in a motion to quash

“the movant has the burden of demonstrating that the material sought by the subpoena is privileged or protected, or that production would result in an undue burden.  The subpoenaing party has the burden of establishing that the requested information is relevant to its claims or defenses.  The scope of discoverable information is governed by Rule 26, which allows discovery of items reasonably calculated to lead to the discovery of admissible evidence.”[27]

Whether a subpoena subjects a witness to undue burden

“usually raises a question of the reasonableness of the subpoena, requiring a court to balance the interests served by demanding compliance with the subpoena against the interests furthered by quashing it. This process of weighing a subpoena’s benefits and burdens calls upon the trial court to consider whether the information is necessary and whether it is available from any other source, which is obviously a highly case specific inquiry and entails an exercise of judicial discretion.”[28]

  1. Application of Legal Standard:

In Hearing Officer Figueroa’s Ruling on Longmeadow Public Schools’ Motion for Protective Order Relative to  Parent’s [Revised] First Request for Production of Documents and Interrogatories; Longmeadow’s Motion for Protective Order Relative to Parent’s Request for Issuance of Subpoenas; and Parent’s Notice of Non-Compliance/Parent’s Motion to Compel Discovery), BSEA# 25-10207 (October 14, 2025), Hearing Officer Figueroa found as follows:

“[T]he District argues that the testimony of [Ms. []], Student’s ninth grade special education teacher is irrelevant as Student’s 10th grade special education teacher (his teacher during Student’s last year in the District before Parent’s removal to a different setting), is available and able to testify.  Parent’s opposition argues Ms. []’s information/ input relative to Student’s stay-put IEP.  However, since the IEP may be submitted as an exhibit at Hearing, Student’s ninth grade is not at issue, and an individual with more current information is available to testify, Ms. []’s testimony is irrelevant.  The District is persuasive in its argument regarding Ms. [].  As such, Longmeadow’s Motion for Protective Order, and/or to quash the subpoena and testimony of Ms. [], is ALLOWED.”  

In her Motion for Reconsideration, Parent clarifies that Ms. []’s testimony is relevant to the

implementation of the IEP from March 21 2023 until mid-September 2023.  Parents states that the “previous ruling [] states the IEP in question can be submitted as an exhibit at hearing, however the implementation is issue [at] for hearing, not the content of the 2022-2023 IEP.”

As the hearing issues have now been clarified and restated and the implementation of the March 18, 2022 from March 21, 2023 until the end of the 2022-2023 school year, is now at issue, Ms. []’s testimony may provide relevant information regarding the implementation of the IEP between March 2023 and the end of the 2023-2024 school year.  Therefore, Parents’Motion for Reconsideration of October 14 Ruling is ALLOWED.

  1. Clarification of Issues for Hearing

The District requests to limit the issues for hearing to those identified on the first page of my Ruling issued on October 28, 2025. However, said list is incomplete in light of my Ruling On Parent’s Motion To Amend The Hearing Request/Motion For Clarification  And Longmeadow Public Schools’ Motion To Postpone issued on October 30, 2025 allowing Parent’s Motion to Amend.

The Hearing will proceed on the following issues:

  1. Academic Year 2022-2023[29]
    1. Whether Longmeadow failed to implement Student’s IEP for the period 3/18/22 to 3/17/2023, as amended on November 18, 2022[30], from March 21, 2023 until the end of the 2022-2023 school year (during Student’s ninth grade) (i.e., access to assistive technology and other accommodations);
    2. Whether Longmeadow violated Student’s and Parent’s procedural due process rights during the relevant time period in the 2022-2023 school year (i.e., March 21, 2023 through the end of the school year), including whether Longmeadow violated the child find requirement of the law in failing to identify a specific learning disability in written expression;
    3. If the answer to any of the above is affirmative, then what is the proper remedy?
  2. Academic Year 2023-2024
    1. Whether Longmeadow failed to implement the accepted stay put IEP (3/18/22 to 3/17/2023, as amended on November 18, 2022) and accepted portions, if any, of the IEP for the period 12/20/2023 to 12/19/2024 during the 2023-2024 school year ( Student’s tenth grade) i.e., access to assistive technology and other accommodations);
    2. Whether Longmeadow violated Student’s and Parent’s procedural due process rights during the 2023-2024 school year, including whether Longmeadow violated the child find requirement of the law in failing to identify a specific learning disability in written expression;
    3. Whether the District failed to convene an IEP meeting to consider the results of an IEE  within 10 school days;
    4. If the answer to any of the above is affirmative, then what is the proper remedy?
    5. Whether Parent is eligible for reimbursement for a July 2024 privately funded independent educational evaluation, and, if so, whether she is eligible for such reimbursement in full (i.e., at a rate above the state rate)?
  3. Academic Year 2024-2025
    1. Whether the District failed to propose an IEP in a timely manner for the 2024-2025 school year;
    2. Whether the  IEP for the period 12/20/2023 to 12/19/2024 failed to offer Student a FAPE for the 2024-2025 school year[31];
    3. Whether the District failed to provide Student with assistive technology for the 2024-2025 school year;
    4. If the answer to any of the above is affirmative, then what is the proper remedy?
  4. Academic Year 2025-2026
    1. Whether the District failed to provide Student with assistive technology for the 2025-2026 school year;
    2. Whether the April 16, 2025 IEP failed to provide the student with a FAPE  due to its failure to consider Student’s trauma, its failure to include an Autism and/or Specific Learning Disability in writing Disability Categories, and its proposal of a full inclusion program at Longmeadow High School;
    3. Whether the District failed to hold a timely meeting to review the rejected April 16, 2025 IEP and Parent’s concerns;
    4. If the answer to any of the above is affirmative, then what is the proper remedy?

ORDER:

Parent’s Motion to Allow Participation in Extracurricular Activities is DENIED. Longmeadow’s Motion to Dismiss Extracurricular Issue is ALLOWED.

Parent’s Motion for Reconsideration of October 27 Ruling is DENIED.

Parent’sMotion for Reconsideration of October 14 Ruling isALLOWED.Ms. [] may be subpoenaed to testify at hearing. Parent is instructed to renew her request for a subpoena with the new hearing dates.

The issues for Hearing are clarified supra. Any additional motions to amend the hearing request will be processed as new hearing requests.

  1. The Hearing will take place via virtual platform on January 28, 29, and 30, 2026. It will begin at 9:00AM and conclude at 4:00PM, daily. 
  2. Exhibits and witness lists are due by the close of business day on January 21, 2026.   Please provide them to the Hearing Officer in both electronic and hard copy format.

So Ordered by the Hearing Officer,

/s/ Alina Kantor Nir

Alina Kantor Nir

Dated:  October 31, 2025

[1] The discussion included a review of Hearing Officer Rosa Figueroa’s September 3, 2025 Corrected Ruling on Longmeadow Public Schools’ Motion for Summary Judgment/ Motion to Dismiss, and Ruling on Parent’s Motion for Recusal/ Objection to Procedural Irregularities. For administrative reasons, this matter had been reassigned to Hearing Officer Alina Kantor Nir on October 22, 2025.

[2] Additional details identified during the October 28, 2025 Zoom call are included in bold. In Longmeadow Public Schools’ Response To Parent’s Motion To Amend Hearing Request/Clarification/Motion For Reconsideration, the District notes that it “agrees and it is our understanding that the Hearing Officer, in her order dated October 30, 2025 correctly listed the issues for hearing.” This Ruling will address the District’s request for an order that the “District is hereby relying upon the issues set forth by Hearing Officer Kantor Nir in the October 30, 2025 on the first page of her ruling, as the agreed upon and only issues that will be raised by the Parent in the Hearing, and any new issues that the Parent wishes to raise beyond these must be addressed in a separate hearing request filing.”

[3] This date was erroneously written as November 18, 2023 in my prior Ruling on Parent’s Motion To Compel Discovery, Motion For Sanctions, and Motion For Continuance issued on October 27, 2025.

[4] This IEP was accepted on January 22, 2024 but later rejected on June 28, 2024.

[5] See BSEA Hearing Rule I(C) (“The party requesting a hearing shall not be allowed to raise issues at the hearing that were not raised in the hearing request unless the other party agrees or the hearing request is amended in accordance with state and federal law.”).

[6] As Parent filed the Parent’s Motion To Amend The Hearing Request and Motion for Clarification/Motion for Consideration at 9:52PM on October 28, 2025, the Motion is deemed to have been filed on the next business day, October 29, 2025.

[7] The undersigned issued a Ruling on October 30, 2025. which addressed multiple requests but did not address Parent’s Motion For Reconsideration which related to ongoing discovery disputes.

[8] The issues are included verbatim as they appear in Parent’s  Motion.

[9] These are included verbatim as they appear in Parent’s Motion to Amend.

[10] See Ruling On Parent’s Motion To Amend The Hearing Request/Motion For Clarification And Longmeadow Public Schools’ Motion To Postpone (Kantor Nir, October 30, 2025).

[11] I construe this part of the District’s Response as a Motion to Dismiss Extracurricular Issue on the grounds  of lack of subject matter jurisdiction.

[12] Hearing Officers are bound by the BSEA Hearing Rules for Special Education Appeals (Hearing Rules) and the Standard Rules of Adjudicatory Practice and Procedure, 801 Code Mass Regs 1.01.

[13] Iannocchino v. Ford Motor Co., 451 Mass. 623, 636 (2008) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 557 (2007)).

[14] Blank, 420 Mass. at 407.

[15] Golchin v. Liberty Mut. Ins. Co., 460 Mass. 222, 223 (2011) (internal quotation marks and citations omitted).

[16] See 34 C.F.R. §300.507(a)(1).

[17] Limited exceptions exist that are not here applicable.

[18] 603 CMR 28.08(3)(a).

[19] See In Re: Student v. Bay Path Reg’l Vocational Tech. High Sch., BSEA # 18-05746 (Figueroa, 2018).

[20] In Re: Georgetown Pub. Sch., BSEA #1405352 (Berman, 2014).

[21] DESE’s guidance is found at https://www.doe.mass.edu/homeschool.

[22] The District’s policy is found at https://www.longmeadow.k12.ma.us/parents?utm_source=chatgpt.com.

[23] Blank, 420 Mass. at 407.

[24] 603 CMR 28.08(3)(a).

[25] See 801 CMR 1.01(10)(g) and BSEA Hearing Rules VII B and C.

[26] See also Fed. R. Civ. P. 45 (d)(3).

[27] Jee Fam. Holdings, LLC v. San Jorge Children’s Healthcare, Inc., 297 F.R.D. 19, 20 (D.P.R. 2014) (internal citations and quotations omitted).

[28] Vesper Mar. Ltd. v. Lyman Morse Boatbuilding, Inc., No. 2:19-CV-00056-NT, 2020 WL 877808, at *1 (D. Me. Feb. 21, 2020) (internal citations and quotations omitted).

[29] The claims for this school year are limited to those arising from March 21, 2023 until the end of the 2022-2023 school year.

[30] This date was erroneously written as November 18, 2023 in my prior Ruling on Parent’s Motion To Compel Discovery, Motion For Sanctions, and Motion For Continuance issued on October 27, 2025.

[31] This IEP was accepted on January 22, 2024 but later rejected on June 28, 2024.

Updated on November 6, 2025

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