OAR 581-002-0005
Acceptance of Appeal


A complainant may appeal a final decision of a complaint described in OAR 581-002-0003 (Scope) if the appeal meets the following criteria:
(1)(a) Except as provided in paragraph (b) of this subsection, the appeal must be from a final decision by a district. A decision is a final decision by a district if:
(A) The complainant has exhausted the district’s complaint process except as otherwise allowed by statute;
(B) In a complaint process with more than one step, the district fails to render a written decision within 30 days of the submission of the complaint at any step, unless the district and complainant have agreed in writing to a longer time period for that step; or
(C) The district fails to resolve the complaint within 90 days of the initial filing of the complaint, regardless of the number of steps in the district complaint process, unless the district and complainant have agreed in writing to a longer time period.
(b) The appeal may include a complaint alleging a violation of ORS 659.852 (Retaliation against student prohibited) (Retaliation) if the complainant alleges that retaliation occurred in response to a complaint for which the complainant received a final decision as described in paragraph (a) of this subsection.
(2) The appeal must be received by the department no later than:
(a) One year after the date of the decision by the district resolving the complaint; or
(b) If the district fails to resolve the complaint, no later than two years after the date on which the complainant first filed the complaint with the district.
(3)(a) The complaint upon which the appeal is based must have been initially filed with the district by the later of the following two dates:
(A) The date occurring two years after the date on which the alleged violation or unlawful incident occurred or on which the complainant discovered the alleged violation or unlawful incident; or
(B) The date occurring one year after the date on which the affected student graduated from, moved away from, or otherwise left the district.
(b) For purposes of paragraph (a)(A) of this subsection, if the alleged violation or unlawful incident is of a continuing nature, the date on which the alleged violation or unlawful incident occurred is the most recent date on which the alleged violation or unlawful incident occurred.
(4)(a) The appeal must:
(A) Be in writing;
(B) Be submitted in person, by mail, or electronically; and
(C) Contain:
(i) The name of the person filing the appeal;
(ii) If the person filing the appeal has a phone number, address, or email address, the person’s phone number, address, or email address;
(iii) If the person filing the appeal is filing the appeal on behalf of a student, the name of the student;
(iv) A statement of the facts upon which the appeal is based; and
(v) Other information requested by the department.
(b) The Director of the Oregon Department of Education may for good cause waive the requirement described in paragraph (a)(A) of this subsection.

Source: Rule 581-002-0005 — Acceptance of Appeal, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-002-0005.

Last Updated

Jun. 8, 2021

Rule 581-002-0005’s source at or​.us