COMMONWEALTH OF MASSACHUSETTS
DIVISION OF ADMINISTRATIVE LAW APPEALS
BUREAU OF SPECIAL EDUCATION APPEALS
In Re: Isa[1]
BSEA # 25-00461
RULING ON PARENTS’ REQUEST TO RECORD ALL CONFERENCE CALLS AND MEETINGS
This matter comes before the Hearing Officer on Parents’ request “that all conference calls and meetings in the future be recorded for transparency and clarity,” which was made as part of a letter entitled “BSEA No.: 2500461; response denied motion hearing timeline,” that Parents filed on August 7, 2024, in this matter. I refer to this request as Parents’ Request for Recording.
The following day, August 8, 2024, I responded by email, in pertinent part, as follows: “As any additional Conference Calls and Pre-Hearing Conferences are voluntary informal measures, not part of the evidence used to make a decision in a case, no recording will be permitted. Should you choose not to participate in an unrecorded Conference Call and/or Pre-Hearing Conference, we will proceed directly to Hearing on the established late September dates.” In response, Parents again requested recording of conference calls and “ask[ed] for [my] denial on record.”
No Conference Calls or other meetings have been held since this request was made.
For the reasons articulated below, Parents’ Request for Recording is DENIED.
DISCUSSION
As I explained in my email dated August 8, 2024 (August 8th email), the information discussed during Conference Calls and Pre-Hearing Conferences is not part of the record of a due process proceeding. Further, there is no legal requirement for a verbatim record to be made of either type of proceeding[2], and I decline to approve the request in this case. As mentioned in my August 8th email, should the parties prefer not to participate in unrecorded Conference Calls and meetings, we may proceed directly to Hearing on the established late September dates. In the alternative, we may cancel the Pre-Hearing Conference; limit Conference Calls to scheduling, logistical, and other non-substantive matters; and disallow any argument or substantive discussion during any further Conference Calls or meetings.
To the extent anything discussed by the Parties during a Conference Call and/or Pre-Hearing Conference is sought by either Party to be made part of the record in this matter, that party should submit the request in writing and a written Ruling will be issued. Alternatively, the request will be further discussed verbally on the record during the stenographically recorded Hearing on the merits.
Parents’ Request for Recording all Conference Calls and meetings in this matter is hereby DENIED.
So Ordered by the Hearing Officer:
/s/ Amy Reichbach
Date: August 26, 2024
[1] Isa is a pseudonym chosen by the Hearing Officer to protect the privacy of the Student in documents available to the public.
[2] In contrast, Parents are entitled to a written or, at their option, an “electronic verbatim record” of the IDEA due process hearing on the merits at no cost, upon request. See20 USC § 1415(h)(3); 34 CFR § 300.512(a)(4) and (c)(3); BSEA Hearing Rules for Special Education Appeals Rule X(A)(7).