The Problem Resolution System
This system is used by parents when the school does not follow the
law.
Here are some examples of possible school system violations:
- If you requested an evaluation and it is not being provided
- School is providing you with information about the special
education law, that you believe is incorrect
- Timelines have not been observed
- IEP is not being implemented
- My school does not have a parent advisory council
(PAC).
(All public, charter, Mass. (old Chapter 766) approved private and
residential
schools
are required by law to have parent advisory council).
The Department of Education (DOE) has a problem resolution system
set up to quickly resolve disputes over noncompliance with special
education law
and to see that schools obey the law.
A complaint or problem registered to this system is officially
called a "concern".
A "concern" is a written statement, which indicates that possibly
a
school system is violating the MA Special Education Law or other
education laws.
If you have a technical questions:
Regarding compliance issues, you can
contact your respective School
Liaison in Program Quality Assurance Services.
PQA main number is 781-338-3700
The Department of
Education main number is (781)338-3000. (TTY: (800)
439-2370)
Another option is to file a complaint
at the Federal level with Office of Civil Rights (OCR) instead
of at the state level with the Department
of
Education (DOE), PQA department. For information on
filing a complaint
with OCR, view our OCR webpage.
Under IDEA
(Federal
law) you can not have the same concern
reviewed
by Office of Civil Rights (OCR) and the Problem Resolution System (DOE)
at the same time. You must choose one or
the
other, wait until the completation of Problem Resolution System concern
or withdraw your concern from
Problem Resolution System (PQA).
If you have a "concern", call or write:
Massachusetts Department of Elementary and Secondary
Education
Program Quality Assurance Services
75 Pleasant Street
Malden, MA 02148
781-338-3700
(TTY: 1-800-439-2370)
FAX: 781-338-3710
When calling:
- ask to speak with a Problem Resolution intake Specialist
- tell that person that wish to register a "concern"
Intake:
When the Department of Education (DOE) gets your phone call or
letter, and Intake Specialist will log in your "concern" and give you
an intake number.
the Specialist will then send you:
- A letter saying that your concern has been received
- The name of the Education Specialist who will provide
assistance
and investigate the concern
- An 'Intake Information' form asking for written information
about
your child, what your concern is, and what you have done already to try
to
resolve the concern with your school system.
It is very important that you mail this form to the Department of
Education as soon as possible. Once the Department receives your
signed Intake Information Form, the education Specialist will contact
you within 5 business days to discuss the concern in more detail with
you.
Review:
The Education Specialist will first review the concern with you to
determine if your concern is related to the MA Special Education Law or
any other special
education law.
If the Education Specialist determines the concern is not related
to
any law, you will be inform that the Department of Education is not
authorized
to go any further. Where possible, the Education Specialist will
give
advice on what you should do next.
If the Education Specialist determines the concern is related MA
Special
Education Law or any other education law, the specialist will
immediately contact the school to determine the best method of
resolving your concern.
Within 15 calendar days from the date they have been notified,
the school
must send the Department of Education a report about the concern.
The
Department of Education a report about the concern. the
Department of
Education will send you a copy of the school's report.
Investigation:
The Educational Specialist will review the school's report and
decide whether the Department of Education will do any more
investigation or take further action.
The Education Specialist will discuss your concern with other
appropriate people to decide if the MA Special Education Law or other
laws are being followed.
The Education Specialist may investigate your concern by:
Interviewing people in person or on the phone collecting and
reviewing written materials provided by you and by visiting the school
if necessary, on site visits. A "site visit" is generally short
and informal.
For example, if you complain that your child is attending classes
in
the boiler room, but the special education director says hat the
child's classroom
is comparable to all the others in the school, the educational
specialist
may need to view the classroom.
Action:
If the Educational Specialist finds the is incompliance, Education
Specialist will work with the school to correct the concern. If
the school fails to follow the law or refused to correct the situation
as they are told by
the Educational Specialist, the Department of Education will decide the
best
way to correct the situation.
Problem Resolution Timelines:
Concerns must be resolved within 60 days of your first phone call.
If this is not possible, the Department of Education will send you a
letter
of explaining the reason for the delay and the date by which they
expect
the concern to be resolved. A delay could occur when:
- The people or the documents needed to determine the facts
which
are not ready available
- The school has agreed to correct the concern and has a
detailed
plan, can not complete everything with the time limit.
Closing a Concern:
The concern is considered resolved and the case closed if:
- There is no violation of the state or federal law or
regulation
- There is not a legal basis or enough information to show
that the
school is out of compliance
- The school took immediate steps to fix the problem
- You refused to provide the Education Specialist with the
necessary
information.
For example, if you complain that the school is not following
your
child's IEP, but you won't give your child's name.
A case can not be closed if the school has agreed to take the steps
to
resolve the concern, but has not completed these steps.
When the concern is resolved, Department of Education will
send
a closing letter to you and the school explaining the results of the
investigation
and what has been done to resolve the concern.
According to the federal law, the Individuals with Disabilities
Education Act (IDEA), the Department of Education must send a
letter to the person
who registered the concern which explains the findings of the
investigation, at the conclusion reached by the Department of
Education, and explain the reason for its decision and how this
decision will be carried through.
The above information is from the
Federation for Children with Special Needs document, (Sept. 1996).
Appeals:
If you do not agree with the decision of the Department of
Education (DOE) about your concern, you can request the
Secretary of
Education at the US
Department of Education to review the decision. For
information on
filing a complaint
with Office of Civil Rights (OCR), view
our OCR webpage.
Under IDEA
(Federal
law) you can not have the same concern
reviewed
by Office of Civil Rights (OCR) and the Problem Resolution System (DOE)
at the same time. To
file a concern with OCR or wait until the completation of Problem
Resolution System concern or withdraw your concern from Problem Resolution System (PQA).
Note: Under IDEA (Federal law) you
can not have the same concern
reviewed
by the Problem Resolution System (DOE) and a hearing with the Bureau of
Special
Education Appeals (BSEA) or Office of Civil Rights (OCR) at the same time. You
must choose one.
|
One of our original webpages, created
September 10, 2002, by Melody Orfei
Webpage
last
modified on March 7, 2011 - V9
|
