Oregon Oregon Department of Education

Rule Rule 581-022-2370
Complaint Procedures


(1)

Each school district must establish a process for the prompt resolution of a complaint by a person who resides in the district or by any parent or guardian of a student who attends school in the school district.

(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 581-002-0040 OAR 581-002-0001 (Definitions) to OAR 581-002-0023 (Settlement and Remediation), 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 complainant 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 339.285 (Definitions for ORS 339.285 to 339.303) to 330.303 or OAR 581-021-0550 (Definitions: Restraint and Seclusion) to 581-021-0570 (Complaint Procedures) (Restraint and Seclusion), ORS 659.850 (Discrimination in education prohibited) or OAR 581-021-0045 (Discrimination Prohibited), 581-021-046, 581-021-047 (Discrimination); or ORS 659.852 (Retaliation against student prohibited) (Retaliation) must include the following:

(a)

The point at which the district’s decision is 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 581-002-0001 (Definitions) to OAR 581-002-0023 (Settlement and Remediation).

(5)

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

Last accessed
Jun. 8, 2021