Jeffrey K. and Palmer Public Schools – BSEA # 10-4342
COMMONWEALTH OF MASSACHUSETTS
Bureau of Special Education Appeals
In Re: Jeffrey K. and Palmer Public Schools
BSEA No. 10-4342
ORDER DISMISSING CASE WITHOUT PREJUDICE
This matter is dismissed without prejudice, pursuant to the Order to Show Cause issued on June 28, 2010.
The BSEA issued an order on July 12, 2010, which notified the parties that the matter would be dismissed without prejudice unless at least one of the following occurred: (1) the parties agreed to take the matter “off calendar” pursuant to Rule IV of the BSEA Hearing Rules , or (2) the parties indicated that the case was ready for hearing or that a settlement conference had been scheduled, or (3) the moving party withdrew the appeal.
None of these conditions for keeping the case open was met. Further, none of the explanations provided by the Parent in her Motion of July 5, 2010 or subsequent Opposition to the School’s Opposition to Continuance constitutes good cause for keeping the case open.
Rather, the Parent’s submissions indicate that the case is not ripe for hearing. Even if the Parent’s allegations attributing this lack of ripeness to the School’s “intransigence” were to be accepted by the BSEA, the fact remains that between February of 2010 and July 5, 2010, neither party informed the BSEA of developments in the case. The Parent never requested a conference call or other assistance from the BSEA to address procedural concerns until the BSEA issued the Order to Show Cause after nearly five months without communication from the parties as to whether or not the case was even still active.
Because the case is being dismissed pursuant to the Order to Show Cause , no ruling is required on the Parent’s Motion to Compel Production of Documents, to Allow Teacher Interviews, and to Provide Summer Evaluation . Parent may file a new hearing request in the future if necessary, which may include any claims that were raised in the above-entitled action and that are not time-barred at the time the new request is filed.
By the Hearing Officer,
Dated: July 29, 2010
EFFECTS OF BUREAU DECISION AND RIGHT OF APPEAL
Dismissal by the Bureau of Special Education Appeals (BSEA or Bureau) is a final agency action and is not subject to further review by the BSEA. Because 20 U.S.C. Sec. 1415(i)(1)(A) requires the BSEA decision to be final and subject to no further agency review, the BSEA cannot permit motions to reconsider or to re-open a BSEA decision once it is issued. Any party aggrieved by a decision of the BSEA may file a complaint in the Massachusetts Superior Court or in the U.S. District Court for the District of Massachusetts for review of the Bureau’s decision. 20 U.S.C. Sec. 1415(i)(2). Any such appeal must be filed within ninety (90) days from the date of the decision. 20 U.S.C. Sec. 1415(i)(2)(B).