KE-E: PUBLIC COMPLAINTS

Complaint Procedure

(1) A parent, guardian, or other person or group who believes that M.G.L. c. 76, s. 5 or 603 CMR 26.00 has been or is being violated, may request a written statement of the reasons therefore from the responsible School Committee through the Superintendent and may submit a copy of such request to the Bureau of Equal Educational Opportunity of the Department of Education. If such request is made, a copy of such request shall be sent by the School Committee to the Bureau of Equal Educational Opportunity.

(2) The School Committee shall respond promptly, but no later than 30 days, in writing to the complaining party. The School Committee shall also send a copy of its response to the Bureau of Equal Educational Opportunity.

(3) The Bureau of Equal Educational Opportunity shall act as the representative of the Board of Education for the purpose of receiving complaints pursuant to 603 CMR 26.00.

(4) The Bureau of Equal Educational Opportunity shall, pursuant to a complaint received under 603 CMR 26.09 (1) or on its own initiative, conduct reviews to insure compliance with M.G.L. c. 76 s. 5 and 603 CMR 26.00 The School Committee and the specific school(s) involved shall cooperate to the fullest extent with such review.

(5) In the event of non-compliance with M.G.L. c. 76 s. 5 or 603 CMR 26.00 the Board of Education may take such action as it sees fit, including, but not limited to, withholding of funds or referral of the matter to the Office of the Attorney General for appropriate legal action.

Private Right of Enforcement

Nothing in 603 CMR 26.00 shall abridge or in any way limit the right of a parent, guardian, or person affected to seek enforcement of St. 1971, c.622 in any court or administrative agency of competent jurisdiction.

SOURCE: MASC

LEGAL REFS.: M.G.L. 76:5

Adopted on: April 24, 2008