Or. Admin. Code § 581-022-2370

Current through Register Vol. 63, No. 12, December 1, 2024

Section 581-022-2370 - Complaint Procedures

(1) Each school district must establish a process for the prompt resolution of a complaint by:

(a) A person who resides in the district;

(b) Any parent or guardian of a student who attends school in the district; or

(c) Any person who alleges that they have been subjected to discrimination, or a third party representing such persons or groups of persons.

(2) A school district's complaint procedure must:

(a) Be in writing available at the main administrative office and, if the school district has a website, in a form available on the home page of the school district's website;

(b) Include the name of the person, position, or office within the school district with the responsibility for responding to the complaint; and

(c) Specify the time period during which the complaint will be addressed and a final decision issued. If the complaint procedure has multiple steps, the procedure must establish the time period for each step as well as the overall time period for completing the complaint procedure.

(3) A school district's complaint procedure may:

(a) Distinguish between those complaints that may be appealed under OAR 581-075-0001 to 581-075-0045 and 581-075-0205, and other complaints;

(b) Offer mediation or other alternative dispute resolution processes as an option available if all parties to the complaint agree in writing to participate;

(c) Impose a time limitation for filing a complaint that is the later of either:

(A) Two years after the alleged violation or unlawful incident occurred or the complaint discovered the alleged violation or unlawful incident. For incidents that are continuing in nature, the time limitation must run from the date of the most recent incident; or

(B) One year after the affected student has graduated from, moved away from, or otherwise left the school district.

(d) Include more than one but no more than four steps for addressing the complaint.

(4) The procedure for hearing and acting on complaints alleging violation of the Oregon Administrative Rules, Chapter 581, division 22 (division 22 standards), ORS 339 to 330.303 or OAR 581-021-0550 to 581-021-0570 (Restraint and Seclusion), ORS 659.850 or OAR 581-021-0038, 581-021-0045, 581-021-0046, 581-021-0047 (Discrimination); or ORS 659.852 (Retaliation) must include the following:

(a) The point at which the district's decision if final; and

(b) A final decision in written or electronic form that addresses each allegation in the complaint and contains reasons for the district's decision and notifies the complainant that the district's decision may be appealed to the Deputy Superintendent of Public Instruction under OAR 581-075-0001 to 581-075-0045 or 581-075-0205.

(5) This rule applies to appeals filed with a school district on or after January 1, 2018.

Or. Admin. Code § 581-022-2370

ODE 31-2007, f. & cert. ef. 12-12-07; ODE 9-2017, f. 6-29-17, cert. ef. 7-1-17, Renumbered from 581-022-1941; Renumbered from 581-022-1650, ODE 16-2017, f. & cert. ef. 7/5/2017; ODE 2-2019, minor correction filed 01/08/2019, effective 1/8/2019; ODE 11-2019, amend filed 03/25/2019, effective 3/25/2019; ODE 4-2023, minor correction filed 01/31/2023, effective 1/31/2023; ODE 8-2023, amend filed 03/29/2023, effective 3/29/2023; ODE 49-2024, minor correction filed 10/23/2024, effective 10/23/2024; ODE 56-2024, minor correction filed 10/25/2024, effective 10/25/2024

Statutory/Other Authority: ORS 326.051

Statutes/Other Implemented: ORS 327.103 & 326.051