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603 CMR 5.00:
Dispute Resolution under Parental Notification Law

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5.04: Department of Elementary and Secondary Education Process for Dispute Resolution

(1) A parent who is dissatisfied with the final local decision on an issue arising under M.G.L. c. 71, ' 32A may submit a written request for review to the Commissioner, within 15 days of the date of the final local decision. The written request shall specify the basis on which the parent alleges the school or school district has not met the requirements of M.G.L. c. 71, ' 32A and shall include a copy of the final local decision and any other relevant correspondence. The parent shall send a copy of the written request to the superintendent of schools or, in the case of a charter school, to the charter school leader.

(2) Based on his review of the material submitted by the parent, the Commissioner shall determine the process to be followed in resolving the dispute under M.G.L. c. 71, ' 32A and shall notify the parties within ten days of receipt of the request. The Commissioner may propose alternative dispute resolution, including mediation, and may appoint a fact-finder or seek the assistance of experts as he deems appropriate to assist in informal resolution of the matter.

(3) If the matter is not otherwise resolved, the Commissioner shall designate a hearing officer who will conduct an adjudicatory hearing in accordance with 801 CMR 1.00, the Standard Adjudicatory Rules of Practice and Procedure.

(4) The Commissioner or his designee shall issue a written decision to the parties within 30 days of the conclusion of his review of the matter, unless extenuating circumstances require a delay. The decision of the Commissioner or his designee shall be the final agency decision.

Regulatory Authority:
603 CMR 5.00 M.G.L. c.69, '1B; c.71, '32A

Last Updated: April 4, 1997
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