Bureau of Special Education Appeals

June 1, 2009

Patty Guard
Acting Director
Office of Special Education Programs
U.S. Department of Education
400 Maryland Ave., S.W.
Washington, DC 20202-7100

Dear Ms. Guard:

I am writing to follow up on our previous correspondence regarding the Massachusetts Bureau of Special Education Appeals. As you recall, your office determined that the Bureau's current structure does not fully comply with the Individuals with Disabilities Education Improvement Act, because our hearing officers and mediators are full-time employees of the Massachusetts Department of Elementary and Secondary Education.

To assist me in identifying appropriate changes to our current structure, I contracted with Dr. Perry Zirkel to review the legal framework for special education dispute resolution; to provide information on practices in other states; and to solicit feedback from the many stakeholder groups involved with the Bureau's activities. Dr. Zirkel is a professor at Lehigh University and a nationally recognized expert in this field. His report identifies a number of potential options, each of which involves many logistical details that would need to be addressed. A copy of the report is enclosed for your information.

The process of establishing a new administrative home for due process hearings and mediations in Massachusetts is quite complicated. We may need to ask our state legislature for legislation to move this function and staff out of this Department. In addition, because most of the employees in the Bureau are covered by collective bargaining agreements, we will also need to consider and plan for the labor relations implications of any future course.

Sincerely,

Mitchell D. Chester, Ed.D.
Commissioner of Elementary and Secondary Education