Hearing Officer Rules Evaluations and Assessments of Classmates not Discoverable in BSEA Dispute


On February 22, 2012, a hearing officer of the Bureau of Special Education Appeals (BSEA) , (Massachusetts), held that a public school district need not produce copies of evaluations and assessments of classmates of the Student at issue in a BSEA dispute. In In re: Student & Danvers Public Schools, BSEA #12-3302, Hearing Officer Sara Berman used her authority under Rule VI (C) of the BSEA Hearing Rules to protect the evaluations and assessments of Student’s peers and

classmates from discovery. The ruling came as clarification of an earlier order relating to a

contentious discovery dispute between Parents and the District.

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