Section:
Most recently amended by the Board of Elementary and Secondary Education: June 26, 2018
(1) The parent or 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) through (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 ten 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 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 or her designee shall review the complaint to determine the mediation or other dispute resolution process in which the parties shall engage prior to Department investigation of the complaint. Within 30 calendar days of the date of the complaint, the Commissioner or his or her 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.
Regulatory Authority: M.G.L. c. 69, § 1B; c. 69, §§ 1J and 1K, as amended by St. 2010, c. 12, § 3; c. 71, § 38G; c. 71A, as amended by St. 2017, c. 138.
Disclaimer: For an official copy of these regulations, please contact the State House Bookstore, at 617-727-2834 or visit Massachusetts State Bookstore.
Last Updated: July 23, 2018
Massachusetts Department of Elementary and Secondary Education 135 Santilli Highway, Everett, MA 02149
Voice: (781) 338-3000 TTY: (800) 439-2370
Disclaimer: A reference in this website to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public and does not constitute endorsement or recommendation by the Massachusetts Department of Elementary and Secondary Education.