OAR 581-002-0150: Elementary and Secondary Education Act (ESEA) Equitable Services Complaint Process

(1) The complaint procedures required by this rule apply to complaints filed with the Oregon Department of Education (ODE) against final decisions of Oregon local education agencies by private schools participating in equitable services under any of the following federal programs: (a) Title I, Part A of the Elementary and Secondary Education Act; (b) Title I, Part C of the Elementary and Secondary Education Act; (c) Title II, Part A of the Elementary and Secondary Education Act; (d) Title III, Part A of the Elementary and Secondary Education Act; (e) Title IV, Part A of the Elementary and Secondary Education Act; (f) Title IV, Part B of the Elementary and Secondary Education Act; (g) Title IV, Part F of the Elementary and Secondary Education Act; and (h) Stronger Connections Grant authorized under the Bipartisan Safer Communities Act. (2) Private school officials have the right to file a complaint with the ODE if they feel the local education agency did not: (a) Engage in timely and meaningful consultation; (b) Give consideration to the views of the private school; and/or (c) Make a decision that treats private school students equitably. (3) The complaint process shall be as follows: (a) The local educational agency and the private school shall discuss the matter during the process of ESEA equitable service consultation. (b) Either the local educational agency or private school shall ask the ODE’s ESEA Private School Ombuds for help in settling the dispute at the local level. (c) The local educational agency shall provide the private school with their final decision in writing. If the local educational agency is in disagreement with the private school, they shall include an explanation of their reasons in the final written decision. (d) If in disagreement with the local educational agency’s final decision, the private school may file a formal written complaint with the ODE. The ODE shall resolve the formal written complaint within 45 days of receiving the complaint. Formal written complaints shall include: (A) A statement that the local education agency has violated a requirement of the Elementary and Secondary Education Act statute or regulations regarding equitable participation; (B) The facts on which the statement is based, including any evidence such as meeting minutes, forms, communications, etc.; (C) The specific Elementary and Secondary Education Act statutory or regulatory requirement(s) allegedly violated, which could be: (i) Consultation was not meaningful and timely; (ii) The private school’s views were not given due consideration; and/or (iii) Private school students were not treated equitably to public school students; and (D) The signature of the complainant. (e) The ODE shall conduct a review of the complaint. If necessary, ODE may conduct an on-site review and request additional documentation. Within 45 days of receiving the complaint, the ODE shall issue a resolution to the complaint in writing. The resolution shall include: (A) A description of applicable Elementary and Secondary Education Act statutory and regulatory requirements; (B) A description of the procedural history of the complaint; (C) Findings of fact supported by citation, including page numbers, to supporting documents under paragraph (viii) of this section; (D) Analysis and conclusions regarding the requirements; (E) Corrective actions, if applicable; (F) A statement of applicable appeal rights; (G) A statement regarding the ODE's determination about whether the ODE will provide services; and (H) All documents the ODE relied on in reaching its decision, paginated consecutively. (4) The local education agency shall disseminate, free of charge, adequate information about these complaint procedures to appropriate private school officials or representatives.