Or. Admin. Code § 581-075-0901

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

Section 581-075-0901 - [Effective until 4/30/2025] Temporary Provision Related to Accepting Appeals Alleging Discrimination, Restraint and Seclusion, Retaliation, or a Violation of a Division 22 Standard

(1)

(a) For purposes of subsection (2) of this rule, "complaint," "department," and "district" have the meaning given those terms in OAR 581-075-0001.

(b) For purposes of subsection (3) of this rule, "department" and "district" have the meaning given those terms in OAR 581-075-0200.

(2) Notwithstanding OAR 581-075-0010(4) and (5), until April 30, 2025, a complainant may appeal a complaint filed with a district to the Oregon Department of Education if:

(a) The appeal meets the criteria set forth in OAR 581-075-0010(2), (3), and (6);

(b) The complaint upon which the appeal is based was 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 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; and

(c) The appeal was received by the department no later than:

(A) One year after the date on which the district issued a written determination in accordance with its complaint process resolving the complaint; or

(B) If the district fails to issue a written determination in accordance with its complaint process resolving the complaint, two years after the date on which the complainant first filed the complaint with the district.

(3) Notwithstanding OAR 581-075-0205(2), (3) and (4), until April 30, 2025, a complainant may appeal a complaint filed with a district to the department if:

(a) The appeal meets the criteria set forth in OAR 581-075-0205(5);

(b)

(A) The district has issued a final written decision to the complainant in accordance with the district's complaint process;

(B) The district has failed to resolve a complaint within 90 calendar days of the initial submission of the complaint, unless the district and complainant have agreed in writing to a different time period for resolving the complaint; or

(C) If the district has a complaint process with more than one step, the district has failed to provide the complainant with a written response within 30 calendar days of the submission of the complaint at any step, unless the district and complainant have agreed in writing to a different time period for that step;

(c) The complaint upon which the appeal is based was 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 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 an affected student graduated from, moved away from, or otherwise left the district; and

(d) The appeal was received by the department no later than:

(A) One year after the date on which the district issued a written determination in accordance with its complaint process resolving the complaint; or

Or. Admin. Code § 581-075-0901

ODE 46-2024, temporary adopt filed 10/23/2024, effective 11/4/2024 through 4/30/2025

Statutory/Other Authority: ORS 326.051, ORS 338.115, ORS 334.217, ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855

Statutes/Other Implemented: ORS 338.115, ORS 334.217, ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855