OAR 581-002-0009
Investigation


(1)(a) Within 30 days of the date on which the department gave notice under OAR 581-002-0007 (Notice of Acceptance or Denial of Appeal) that it is accepting an appeal, a district must submit to the department a written response and all correspondence, documents, and other information that the department requested in the notice. The written response must include:
(A) A statement of facts;
(B) A description of any district action taken in response to the complaint, or if district action was not taken in response to the complaint, an explanation of the reason or reasons that district action was not taken;
(C) Any stipulation reached concerning settlement of the complaint; and
(D) A list of any complaints filed with another agency by the complainant concerning the subject of the appeal, to the extent that the district is aware of such complaints.
(b) Upon request, the Director of the Oregon Department of Education may for good cause extend the time by which a district must make a submission under paragraph (a) of this subsection.
(2) After receiving the written response under subsection (1) of this rule, the department will conduct an investigation to determine whether the district violated a law or rule described in OAR 581-002-0003 (Scope).
(3)(a) Within 90 days of the date on which the department receives the district’s written response under subsection (1) of this rule:
(A) If the department determines that a violation of a law or rule described in OAR 581-002-003 occurred, the department must issue a preliminary order to the complainant and the district. The preliminary order must include:
(i) A reference to the district decision that is on appeal;
(ii) The procedural history of the appeal;
(iii) The department’s preliminary findings of fact; and
(iv) The department’s preliminary conclusions.
(B) If the department determines that a violation of a law or rule described in OAR 581-002-003 did not occur, the department must issue a final order as described in OAR 581-002-0017 (Final Order).
(b) The Director of the Oregon Department of Education may for good cause extend the time by which the department must issue a preliminary order under paragraph (a) of this subsection.
Last Updated

Jun. 8, 2021

Rule 581-002-0009’s source at or​.us