When a caregiver, advocate or community member has concerns about a school violating special education regulations, policies or procedures they can file a complaint with the Massachusetts Department of Elementary and Secondary Education’s Problem Resolution System (PRS).
PRS can investigate complaints within one year of the alleged violation. The intent is to have the PRS intervene as the issue is occurring or has come to light.
Preparation
When your gut tells you that something is not right, start by finding the specific regulation, policy or procedure that you feel has been violated. Once you know exactly how they have violated the student’s rights its time to gather evidence. Having evidence strengthens your case but it is not required. Here is a list of potential documentation you may want to find:
- The student’s IEP
- IEP related documents i.e. meeting invitations, sign in sheets, IEP meeting notes
- Any emails regarding the issue
- School forms i.e. tracking sheets, data sheets, login sheets, school calendars/schedules
Scan or take a photo of any documentation and save it all to a folder labeled PRS.
Intake Form
To file a complaint go to: https://www.doe.mass.edu/prs/intake/
If you speak English or Spanish you can file online. All other languages require you to print and submit a paper copy. The form takes between 5-10 minutes to complete.
The intake will ask for demographic information followed by a brief overview of your concerns. Be as factual as you can and avoid using any language that could be seen as inflammatory.
There are optional sections on “your attempts to resolve the current concern” and “actions by the school you believe would resolve your concern“. These are optional but if there are specific things you would like to see happen i.e. school wide training or compensatory services feel free to include them.
The final section allows you to attach documentation. The site is quite slow so be patient and be sure to only upload one document at a time. Wait for the first item to be loaded before adding more and avoid pressing the browser refresh button. It usually takes longer to upload documentation than to do the entire form.
Once you click submit the PRS will automatically send a copy of your complaint to your school district. You will receive an automated confirmation email with the PRS case number.
Here are some images on how to submit an online intake form. Be sure to check the final image on submitting attachments
Local Report
After PRS has received your intake form they will request a local report from your school district. You will be cc’d on this email but do not have to respond. Take note of the date PRS has required the school to respond by.
The school district will investigate your complaint and submit their results to PRS via email which you will also be cc’d on. In some cases PRS will also do their own investigation and they may contact you via phone or email for more information.
Complainant’s Response
After carefully reading the school’s local report, you have the opportunity to comment on it within 10 calendar days. You may do so either verbally or via email. Again, try to stay as factual as possible and avoid inflammatory language.
Letter of Finding
Within 60 days of the intake form, PRS will issue a letter of finding. This document will state whether PRS feels the school is compliant or non-compliant, the reason for their decision and if necessary, any actions the school must take to remedy the issue.
For more information on filing a state complaint check out the SPEDWatchMA website. They are a fabulous resource!