Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 14.00 - Education of English Learners › Section 14.06 - Parental Right of Enforcement

Current through Register 1525, July 5, 2024
(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. 71 A, § 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. 71 A, § 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. 71 A. 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 or her 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 ten 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 and the employee 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.