Education Laws and Regulations
603 CMR 14.00:
Education of English Learners Regulations
|14.01: ||Authority, Scope and Purpose|
|14.02:||Identification and Assessment of Students|
|14.04:||Placement of Students with Parental Waivers|
|14.05:||English Literacy and Fluency Requirements for Teachers of English Language Classrooms|
|14.06:||Parental Right of Enforcement|
|14.07:||Assignment of English Learners to Teachers in School Districts|
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14.06: Parental Right of Enforcement
(1) The parent or legal guardian (hereafter "parent") of an English learner shall have legal standing to sue for enforcement as provided in M.G.L. c. 71A, § 6 and 603 CMR 14.06. A parent who alleges that a school district employee has failed willfully and repeatedly to implement M.G.L. c. 71A shall exhaust the review process set forth in 603 CMR 14.06(2)-(10) prior to filing a claim in court pursuant to M.G.L. c. 71A, § 6.
(2) The parent shall submit a written request to the superintendent for review of the parent's allegation. The request for review shall provide the basis for the parent's allegation, including the name(s) of the school district employee(s) involved and a description of the actions that the employee(s) took or failed to take that resulted in willful and repeated violations of M.G.L. c. 71A. Except in extenuating circumstances, the parent shall submit the request within 30 calendar days of the last incident at issue. The superintendent shall provide the school district employee with a copy of the written request within 10 calendar days after it is filed and in advance of the meeting with the superintendent.
(3) The superintendent or his designee shall review the allegation by conducting an investigation and issuing a written decision. As part of that investigation, the superintendent shall meet with the school employee(s) at issue. The school employee(s) may be represented by an attorney or other representative at the meeting, and may provide a written response to the allegations. The superintendent shall provide the parent and the employee with a written decision within 60 calendar days of the request for review, unless extenuating circumstances require a delay.
(4) A parent or school district employee who is dissatisfied with the written decision of the superintendent under 603 CMR 14.06(3) may submit a written request to the school committee for review of the issue within 30 calendar days of the date of the decision. The school committee shall provide the non-appealing party with a copy of the request for review by the school committee within 10 days after it is filed and in advance of a meeting with the school committee.
(5) The school committee shall review the allegation and provide the parent with a written decision within 60 calendar days of the request, unless extenuating circumstances require a delay.
(6) The decision of the school committee shall be considered the final local decision on the matter.
(7) A parent or school district employee who is dissatisfied with the final local decision may submit a complaint to the Department of Elementary and Secondary Education within 30 calendar days of the date of the final local decision. A copy of the final local decision shall be included with the complaint, and a copy of the complaint shall be provided to the non-appealing party.
(8) The Commissioner or his designee shall review the complaint to determine the mediation or other dispute resolution process in which the parties shall engage prior to Department of Elementary and Secondary Education investigation of the complaint. Within 30 calendar days of the date of the complaint, the Commissioner or his designee shall notify the parties as to the dispute resolution process in which they shall participate.
(9) If, after engaging in the dispute resolution process for a reasonable period of time as determined by the Commissioner, the dispute is not resolved, the Commissioner shall direct the Department to investigate the parent or school employee's complaint and issue a written decision. The school district employee(s) may be represented by an attorney or other representative during the Department's investigation of the complaint, and may provide the Department with a written response to the parent's allegations.
(10) The decision of the Department shall be the final agency decision.
M.G.L. c. 69, § 1B; c. 69, §§ 1J and 1K, as amended by St. 2010, c. 12, § 3; c. 71, § 38G.