COMMONWEALTH OF MASSACHUSETTS
DIVISION OF ADMINISTRATIVE LAW APPEALS
BUREAU OF SPECIAL EDUCATION APPEALS
In Re: Student v. Revere Public Schools
BSEA# 26-04600
RULING ON PARENTS’ MOTION TO COMPEL PRODUCTION OF ADMINISTRATIVE RECORDS
This matter comes before the Hearing Officer on Parents’ Motion to Compel Production Of Administrative Records (the Motion), filed with the Bureau of Special Education Appeals (BSEA) on November 14, 2025.[1] Parents seek an Order compelling Revere Public Schools (Revere or the District) “to produce administrative emails, internal communications, meeting notes, and decision-making records responsive to the Parents’ October 20, 2025 Public Records Request.” Parents argue that these
“materials are necessary to ensure a full and fair evidentiary hearing in this matter. The District denied the request. The Parent appealed to the Supervisor of Public Records. On November 14, 2025, the Supervisor declined to adjudicate the appeal solely because of the active BSEA proceeding, and not due to any determination that the records are exempt. Accordingly, the BSEA is presently the only tribunal with jurisdiction capable of ensuring access to these records.”
On November 21, 2025, the District filed its Opposition To Motion To Compel, asserting that the BSEA has no jurisdiction over public records requests, and that, as of the date of the District’s opposition, Parents had not yet served any discovery requests on the District.[2]
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, Parents’ Motion is DENIED.
RELEVANT FACTS AND PROCEDURAL HISTORY:
On October 27, 2025, Parents filed a Hearing Request with the BSEA alleging stay-put and other procedural violations by Revere. On November 13, 2025, at the joint request of the parties and for good cause, the matter was postponed until January 26, 2026.
LEGAL STANDARDS:
- Jurisdiction of the BSEA
20 U.S.C. § 1415(b)(6) grants the 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.”[3] In Massachusetts, a parent or a school district, “may request mediation and/or a hearing at any time on any matter[4] 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.”[5] Nevertheless, it is well established that matters that come before the BSEA must involve a live or current dispute between the Parties.[6] 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.”[7]
- Public Records Requests
The Massachusetts Public Records Law (Public Records Law) and its Regulations provide that each person has a right of access to public information.[8] A requestor who is denied access to any requested information may petition the Supervisor for an appeal of the response, or lack thereof, within 90 days.[9] The Supervisor, assisted by Public Records Division staff, then reviews the written request and the custodian’s written response, and provides a written ruling on the status of the records or the reasonableness of a fee estimate. The Supervisor must issue a determination within 10 business days of receipt of the appeal.[10] If a custodian does not comply with an order, the Supervisor may notify the Office of the Attorney General for enforcement.[11] Notwithstanding the ability to appeal to the Supervisor, a requestor may initiate a civil action to enforce the requirements of the Public Records Law.[12]
- Discovery
Rule V of the BSEA Hearing Rules governs the discovery process before the BSEA. Rule V(A) advises that “the parties are encouraged to exchange information cooperatively and by agreement prior to the hearing.” Additionally, parties can request of other parties that they produce documents or answer up to 25 interrogatories within thirty (30) calendar days of being served such requests, unless a Hearing Officer orders otherwise.[13] Where the information or the documents requested are “not subject to any sort of privilege, the accessibility of the documents requested and their relevance to the dispute may militate in favor or against production.”[14] The Massachusetts Rules of Civil Procedure expatiates further as to the scope of discovery:
“[p]arties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim of defense of the party seeking discovery or to the claim or defense of any party…It is not ground for objection that the information sought will be inadmissible at the trial if…[it] appears reasonably calculated to lead to the discovery of admissible evidence.”[15]
Objections to any discovery requests can be made within ten calendar days of service of the request, or parties can move for a protective order within that timeframe as well.[16] Furthermore, 801 CMR 1.01(8)(i) [17] authorizes parties who do not receive some or all the discovery responses or answers requested to file a Motion for an Order Compelling Discovery.[18]
APPLICATION OF LEGAL STANDARDS AND CONCLUSIONS:
Here, after consideration of the relevant procedural history set forth above and the applicable legal standards delineated supra, I find that Parents’ Motion must be DENIED because the BSEA does not have jurisdiction to adjudicate disputes arising under the Massachusetts Public Records Law. Requests made pursuant to the Public Records Law are legally distinct from discovery requests governed by the BSEA Hearing Rules and the IDEA. Although the BSEA has authority to address failures to comply with discovery obligations within a pending due process matter, it lacks the authority to enforce or interpret public records requests made outside that discovery framework. Because Parents’ claim relates solely to an alleged violation of the Public Records Law, the Motion falls outside the scope of the BSEA’s jurisdiction, as there is no allowable remedy that the Bureau can order under the Massachusetts Public Records Law.[19]
ORDER:
Parents’ Motion is hereby DENIED.
So Ordered by the Hearing Officer
/s/ Alina Kantor Nir
Alina Kantor Nir, Hearing Officer
Dated: November 21, 2025
[1] The Motion was accompanied by four exhibits.
[2] The District also asserted that the issues to be addressed in the hearing in this matter have yet to be established and may be impacted by the outcome of BSEA Case No. 2604601.
[3] See 34 C.F.R. §300.507(a)(1).
[4] Limited exceptions exist that are not here applicable.
[5] 603 CMR 28.08(3)(a).
[6] See In Re: Student v. Bay Path Reg’l Vocational Tech. High Sch., BSEA # 18-05746 (Figueroa, 2018).
[7] In Re: Georgetown Pub. Sch., BSEA #1405352 (Berman, 2014).
[8] See M.G. L. c. 66, § 10(a); 950 C.M.R. 32.00, et seq.
[9] 950 C.M.R. § 32.08(1)(d)-(e).
[10] G. L. c. 66, § 10A(a).
[11] G. L. c. 66, § 10A(b).
[12] G. L. c. 66, § 10A(c)-(d).
[13] See Rule V(B)(1) and (2).
[14] In Re: Dorian and Waltham Public Schools (Ruling), BSEA # 17-02306 (Reichbach, 2017).
[15] Mass. R. Civ. P. 26(b)(1). See also the parallel Federal Rule. Cite to Rule
[16] See Rule V(C).
[17] Pursuant to the Scope of the Rules section introductory to the Hearing Rules, “Unless modified explicitly by these Rules, hearings are conducted under the Formal Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.01 et seq.”
[18] In the event an Order is issued granting a Motion to compel, 801 CMR 1.01(8)(i) further authorizes a Hearing Officer, in situations for which good cause does not exist to justify failure to comply with such Order, to issue further orders regarding such failure.
[19] Parents may wish to share this Ruling with the Supervisor of Public Record in order to facilitate review of their Public Records Request in the appropriate forum.