Assessment/Accountability
Program Quality Assurance Services
Compliance and Monitoring

Problem Resolution System
"Working Together to Resolve Education Problems"

Introduction

The Massachusetts Department of Elementary and Secondary Education (Department) provides information on the educational opportunities and rights provided for all students in the Commonwealth. Program Quality Assurance Services (PQA) is the unit within the Department that manages the Problem Resolution System.

PQA staff welcome questions about state or federal laws, regulations, or policies related to education and will work with parents, educators, students, community members, and others so that students receive the educational services to which they are legally entitled. Our staff often confer with other units within the Department to provide the most accurate information to callers.

The Department recommends that individuals with questions and concerns first contact the school (for example, the Principal, Superintendent of Schools or Administrator of Special Education) to present questions and concerns to the people who are closest to the situation and who are most able to respond quickly. If that does not work, or does not seem possible under the circumstances, individuals may contact the PQA Educational Specialist who is the liaison for their school district with the contact information below.

Program Quality Assurance Services
Massachusetts Department of Elementary and Secondary Education
75 Pleasant Street, Malden, MA 02148-4906
Telephone: (781) 338-3700
TTY: N.E.T. Relay: 1-800-439-2370
FAX: (781) 338-3710
E-mail: compliance@doe.mass.edu

What is the Department of Elementary and Secondary Education's Problem Resolution System?

The Problem Resolution System is the Department's process for receiving, reviewing and resolving concerns from the public regarding students who allegedly are not receiving educational services, students with disabilities who allegedly are not receiving access to the general curriculum (i.e., the curriculum expected to be taught to all students), or students who allegedly are not receiving procedural protections that by law must be provided. The System is staffed by Educational Specialists who respond to questions regarding education laws, regulations, or policies and refer questions to other knowledgeable persons where necessary.

Who may use the Problem Resolution System?

Any concerned person has the right to contact the Department. Most concerns come from parents, students, teachers and individuals or organizations acting on students' behalf. If an individual does not write or speak English, is not comfortable communicating in English, or requires some other accommodation, the Department will make arrangements to communicate appropriately with the individual.

What happens when individuals contact the Problem Resolution System?

When the Department is contacted by telephone or in writing, the following occurs:

1. The caller or the written communication is routinely referred to the Educational Specialist who is the Liaison for the school district or charter school that the student attends. (In the event that a caller does not wish to speak with the Educational Specialist, the caller will be referred directly to the Intake Coordinator.) The Educational Specialist will discuss the situation, answer questions, explore with the caller what steps might be taken on their own, and may offer, if appropriate, to make telephone calls to intervene informally.

   After discussion, if it is determined that the caller wishes to receive the Intake Information Form, the caller will be transferred to the Intake Coordinator who will log-in the concern and send an acknowledgment that the concern has been registered with the Department. This acknowledgment will provide information on the Problem Resolution System and an Intake Information Form that will provide the Department and the applicable local agency with general information about the student, the nature of the concern, the attempts that have been made to resolve the problem at the local level, and actions by the school the concerned person believes would resolve the problem.

   Before being transferred to the Intake Coordinator, the caller will be informed that it is our practice, whenever possible, to call the appropriate school administrator to inform them that an Intake Information Form has been requested, to explain the caller's concerns, and to encourage a local resolution. However, if the caller prefers not to have this call made, that request will be honored. Many callers continue to work with school staff after receipt of the Intake Information Form and find it later unnecessary to send it in to the Department.

2. When the Department receives the signed Intake Information Form from a concerned individual, an Educational Specialist will contact the individual, usually within five business days, to discuss the complaint in more detail. Complaints are responded to in the order the Department receives them. Also note that the complaint must be forwarded to the appropriate school administrator at the same time that is sent to the Department.

   Where the problem involves a particular student, the Department strongly encourages that this form be signed by the student's parent, guardian or Department of Elementary and Secondary Education appointed Educational Surrogate Parent. By doing this, the student's parent is made fully aware of the issues being brought to the Department's attention that will be reviewed by the Department. The Department will be unable to continue to communicate with the complainant without parental consent.

   An individual may send additional oral or written information to the Educational Specialist after the Department receives the Intake Information Form.

   Please note: If the Department does not receive your signed Intake Information Form within 30 days, we will presume you do not wish to have the Department assist you further with your concern. In this case, your issue will be placed in an "inactive" status. Of course, you may always contact the Department again at some point in the future should you have a need for further assistance.

3. Concerns regarding students alleged to be receiving no education or who are in dangerous situations will receive immediate attention by an Educational Specialist prior to the receipt of the signed Intake Information Form.

4. Under certain circumstances, the Department is not able to take formal action in response to a statement of concern. If the concern (1) is not a matter affecting the student's current regular education program, or (2) alleges a violation of an education requirement that occurred more than one year prior to the receipt of the intake, then the Department will not be able to respond to the concern and will inform you of the reasons.

How will the Department address a complaint?

1. As stated above, an Educational Specialist will review the complaint with the individual to determine if the concern is related to an education law, regulation, or policy. If the concern is not related to an education law, regulation, or policy the Educational Specialist will inform the individual that the Department does not have the authority to address the concern. Where possible, the Educational Specialist will provide advice on how the individual may proceed next with the concern.

2. If it is determined that the concern is related to an education law, regulation, or policy that will be investigated by the Department as a complaint, the Educational Specialist will immediately contact the school to discuss the best methods of resolving the issue. The Superintendent of Schools or Director will be contacted to allow the school to address the complaint directly. The Department will expect a report of this local review in most cases no later than 15 calendar days from the date the Department notifies the school of the complaint. A copy of the school's response and any documentation will be sent to the individual filing the complaint unless the individual is a third party and parental consent to communicate has not been obtained.

3. The Educational Specialist will review the local report and information provided by both parties and will determine whether any further investigation or action must be taken by the Department before the complaint is considered resolved and, therefore, closed. In all cases, the Educational Specialist will carefully review all the facts with you and school officials to determine whether the education law, regulations and policies are being followed. If the Department determines that the district is not meeting these requirements, the Department will send a letter explaining the basis of this determination and the requirements for correcting any noncompliance found.

4. In most cases, the Department will make a decision regarding problems brought to its attention within 60 calendar days from the date the Department receives the signed Intake Information Form. In cases where exceptional circumstances exist with regard to a particular complaint, the Department will send a letter explaining the reason for the delay and the projected date by which the Department will determine compliance or noncompliance.

5. If at any time the complainant is satisfied that the concern is resolved, the complainant may contact the Department to withdraw the complaint or any portion of the complaint. The Department will not make a finding regarding any withdrawn complaint; however, the Department may continue to address any systemic issue with the district.

How will individuals know when the complaint has been resolved?

For any complaint that is related to an education law, regulation or policy the Department of Elementary and Secondary Education will send a letter explaining the results of the review of the problem and, where necessary, the actions that have been taken by the school to address the complaint. If after reviewing the facts the Department determines that the school is meeting its legal requirements, this will be explained to you also in the letter from the Educational Specialist who investigated your complaint.

What should I do if the school does not take steps to resolve my complaint after the Department has closed my complaint?

Whenever a school does not take all the steps required by the Department to correct a matter of noncompliance with the law, the concerned individual should immediately be in contact with the Department's Educational Specialist who investigated the matter. The Department is required by law to take steps without delay to follow-up with schools in these cases to ensure that the law is being followed.

Will the Department help people who do not want to give their names?

If a complaint is received by the Department that is not signed by the complainant, or the complainant wishes to remain anonymous, then the complaint will not be investigated by the Department. The information regarding the complainant is necessary to provide the Department with the basic contact information necessary to handle the complaint expeditiously and to ensure the credibility of the complaint.

What should I do if I believe the school is retaliating against my child or me because I filed a complaint with the Department of Elementary and Secondary Education?

If at any time you believe that the school is retaliating against or coercing you or your child because of your filing a complaint against the school, the Department's Educational Specialist immediately will alert the school of your concern and will advise the school regarding federal requirements that prohibit such practices. You may file a complaint in this regard directly with the Boston Office of the U.S. Department of Education, Office for Civil Rights (OCR): Office for Civil Rights, 33 Arch Street, Suite 900, Boston, MA 02110. Telephone: (617) 289-0111 or E-mail: OCR_Boston@ed.gov

Can an individual appeal a determination the Department of Elementary and Secondary Education made through the Problem Resolution System?

The Department does not consider appeals of its decisions involving alleged noncompliance with state or federal education laws, regulations or policies. If an individual believes that the Department's determinations are based on incomplete and/or inaccurate information, the Educational Specialist who investigated the complaint may be contacted again and requested to consider any additional information which may influence the outcome of a previous determination.

Can a special education concern be addressed by the Department's Problem Resolution System during the time that it is the subject of a Bureau of Special Education Appeals proceeding?

No. Federal special education requirements prohibit the investigation of a complaint through the state's complaint management procedures when it is simultaneously under review by the state's special education due process system. However, a parent and a school or district may voluntarily engage in mediation regarding the issue(s) raised in the complaint and agree to an extension of time for the resolution of the complaint if they are engaged in mediation. Also note that the parties may seek mediation and/or a hearing through the Bureau of Special Education Appeals on an issue already addressed by the Department of Elementary and Secondary Education in a complaint investigation. Such a hearing, however, is a new proceeding and is not for the purposes of reviewing the Department's decision on the complaint. Any order or decision issued by the Bureau of Special Education Appeals on the issues raised in a complaint would be binding.

Conclusion

The Massachusetts Department of Elementary and Secondary Education is committed to assisting individuals and schools in the prompt resolution of problems. Education laws, regulations and policies exist to protect the rights of all students in the Commonwealth and to ensure that all students receive equal educational opportunities. The Department looks forward to working together with schools, parents and other members of the public in reaching the goal of high quality educational services for all students.



last updated: October 24, 2008