COMMONWEALTH OF MASSACHUSETTS
Division of Administrative Law Appeals
Bureau of Special Education Appeals
In Re: Student v. Fall River Public Schools
BSEA# 26-07282
RULING ON THE FALL RIVER PUBLIC SCHOOLS’ CHALLENGE TO THE SUFFICIENCY OF THE PARENTS’ REQUEST FOR HEARING PURSUANT TO BSEA HEARING RULE 1E
On January 21, 2026, Fall River Public Schools filed the Fall River Public Schools’ Challenge to the Sufficiency of the Parents’ Request for Hearing Pursuant to BSEA Hearing Rule 1E. In it, Fall River Public Schools (Fall River or the District) challenges the sufficiency of the Parents’ Request for Hearing in the above matter.
Because neither testimony nor oral argument would advance the Hearing Officer’s understanding of the issues involved, this Ruling is issued without a hearing, pursuant to Bureau of Special Education Appeals Hearing Rule VII(D).
For the reasons articulated below, the District’s Sufficiency Challenge is hereby ALLOWED.
LEGAL STANDARD AND APPLICATION OF LEGAL STANDARDS:
- Legal Standards:
According to BSEA Hearing Rule I(B), the hearing request must contain the following information:
- The name of the child;
- The address of the residence of the child;
- The name of the school the child is attending;
- In the case of a homeless child or youth within the meaning of the McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), available contact information for the child, and the name of the school the child is attending;
- A description of the nature of the problem of the child relating to the proposed or refused initiation or change, including facts relating to the problem; and
- A proposed resolution of the problem to the extent known and available to the party at the time.
Furthermore, BSEA Hearing Rule I(E) states that if the non-moving party believes that the hearing request does not contain the elements set out in Rule IB, that party may file a written challenge to the sufficiency of the hearing request with the Hearing Officer and the other party (ies) within fifteen (15) calendar days of receipt of the hearing request.The Hearing Officer shall rule as to the sufficiency of the hearing request within five (5) calendar days. This Rule further provides that if the hearing request is found to be sufficient, the original timelines remain unchanged. If the Hearing Officer finds the hearing request to be insufficient, the moving party may file an amended hearing request with the Hearing Officer and the other party, provided the moving party does so within fourteen (14) calendar days from the date of the insufficiency ruling. Failure to file the amended hearing request within 14 calendar days (or such other time as ordered by the Hearing Officer) may result in the dismissal of the case without prejudice.
2. Application of Legal Standards:
On January 7, 2026, Parents filed a Hearing Request in this matter.[1] The Hearing Request included Student’s name, address, and school district. Under “School Student Attends,” Parents wrote “NA.” In addition, the sections for inputting a description of the issues and the proposed relief were left blank. As such, Fall River has met its burden to demonstrate that the Hearing Request lacks the required content.
ORDER:
The District’s Sufficiency Challenge is hereby ALLOWED. Parents may file an amended hearing request with the Hearing Officer and the other party, provided the moving party does so within fourteen (14) calendar days from the date of the insufficiency ruling. Failure to file the amended hearing request within 14 calendar days may result in the dismissal of the case without prejudice
So Ordered by the Hearing Officer,
/s/ Alina Kantor Nir
Alina Kantor Nir
Dated: January 21, 2025
[1] Fall River was served with the complaint on January 9, 2026.