Code of Massachusetts Regulations › 603 CMR - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Title 603 CMR 28.00 - Special education › Section 28.08 - Continuum of Options for Dispute Resolution

Current through Register 1525, July 5, 2024
(1)
Local School District
			 Procedures
. School districts are encouraged to develop local
			 problem resolution procedures that allow parents to present a concern to a
			 district representative and receive a response related to the concern. Local
			 procedures shall not be used to delay or deny a parent's right to access other
			 dispute resolution mechanisms.
(2)
Department Procedures
. The Department maintains a
			 Problem Resolution System that provides for the investigation of complaints and
			 the enforcement of compliance with
			 603 CMR
			 28.00, as well as with other statutes and regulations
			 relating to the provision of publicly funded education. The Department can make
			 findings on procedural issues and issues related to implementation of
			 requirements. Any party wishing to file a complaint may do so through the
			 Department. Use of the Department Problem Resolution procedures shall not
			 prevent a party from requesting alternative administrative remedies of
			 mediation or hearing on any matter, at any time. Copies of the Problem
			 Resolution System Guidelines and Procedures are available from the Department
			 upon request. Findings and orders issued by the Department on complaints and
			 the Department's processing of a complaint are not reviewable by the Bureau of
			 Special Education Appeals. Additionally, the pendency of a complaint before the
			 Department does not make the Department a necessary party to actions on related
			 issues pending before the Bureau of Special Education Appeals.
(3)
Bureau of Special Education
			 Appeals: Jurisdiction
. In order to provide for the resolution of
			 differences of opinion among school districts, private schools, parents, and
			 state agencies, the Bureau of Special Education Appeals, pursuant to M.G.L. c.
			 71B, § 2A, shall conduct mediations and hearings to resolve such disputes.
			 The jurisdiction of the Bureau of Special Education Appeals over state
			 agencies, however, shall be exercised consistent with 34 CFR § 300.142(a).
			 The hearing officer may determine, in accordance with the rules, regulations
			 and policies of the respective agencies, that services shall be provided by the
			 Department of Children and Families, the Department of Developmental
			 Disabilities, The Department of Mental Health, the Department of Public Health,
			 or any other state agency or program, in addition to the IEP services to be
			 provided by the school district. Mediations and hearings shall be conducted by
			 impartial mediators and hearing officers who do not have personal or
			 professional interests that would conflict with their objectivity in the
			 hearing or mediation and who are employed to conduct those proceedings.
(a) A parent or a school district, except as
			 provided in 603 CMR 28.08(3)(c) and (d), may request mediation and/or a hearing
			 at any time on any matter concerning the eligibility, evaluation, placement,
			 IEP, provision of special education in accordance with state and federal law,
			 or procedural protections of state and federal law for students with
			 disabilities. A parent of a student with a disability may also request a
			 hearing on any issue involving the denial of the free appropriate public
			 education guaranteed by Section 504 of the Rehabilitation Act of 1973, as set
			 forth in 34 CFR §§ 104.31 through 104.39.
(b) No later than five days after receipt of
			 a request for hearing or notice that an IEP, or proposed placement, or finding
			 of no eligibility for special education has been rejected by the parent, the
			 school district shall send a copy of such request or notice to the Bureau of
			 Special Education Appeals. The Bureau of Special Education Appeals shall then
			 give notice in writing to the parties of the rights of the parents and school
			 district to request mediation and a hearing.
(c) A school district may not request a
			 hearing on a parent's failure or refusal to consent to initial evaluation or
			 initial placement of a student in a special education program, or on a parent's
			 decision to revoke consent to the continued provision of all special education
			 and related services to his or her child under
			 603 CMR
			 28.07(1)(a)4.
(d) A school district may request a hearing
			 to appeal the Department's assignment of school district responsibility under
			 603 CMR
			 28.10 according to the procedures in
			 603 CMR
			 28.10(9).