603 CMR, § 52.09 - Complaint Procedure

(1) For a complaint that is not resolved at the school level, a parent, guardian, or other individuals or groups who believe that a virtual school has violated or is violating any provision of M.G.L. c. 71, § 94, or 603 CMR 52.00 may file a complaint with the board of trustees of the Commonwealth of Massachusetts virtual school.

(2) The board of trustees shall respond in writing to the complaining party no later than 45 days from receipt of the complaint.

(3) The board of trustees shall, pursuant to a complaint received under 603 CMR 52.09, or on its own initiative, conduct reviews to ensure compliance with M.G.L. c. 71, § 94, and 603 CMR 52.00. The Commonwealth of Massachusetts virtual school and the specific individuals involved shall cooperate to the fullest extent with such review.

(4) A complaining party who believes the complaint falling within 603 CMR 52.09 has not been adequately addressed by the board of trustees may submit the complaint in writing to the Department, who shall investigate such complaint and make a written response.

(5) In the event the virtual school is found in non-compliance with M.G.L. c. 71, § 94, or 603 CMR 52.00, the Commissioner or Board may take such action as it deems appropriate including, but not limited to, suspension or revocation of the certificate, or referral of the matter to the District Attorney, the Office of the Attorney General, or any other agency for appropriate legal action.

(6) A parent, guardian, or other individuals who believe that a virtual school has violated or is violating any state or federal law or regulation regarding special education, may file a complaint directly with the Department.

Notes

603 CMR, § 52.09

Adopted, Mass Register Issue 1261, eff. 5/23/2014. Amended by Mass Register Issue 1500, eff. 7/21/2023.