OAR 581-075-0010: Acceptance of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation

(1) A complainant may appeal a complaint filed with a district to the Oregon Department of Education if the appeal meets the criteria set forth in this rule. (2) The appeal must be ripe. An appeal is ripe when: (a) If the district has a complaint process: (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. (b) If the district does not have a complaint process: (A) The complainant has received any written response from the district; or (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. (3) Notwithstanding subsection (2) of this rule, an appeal may include a complaint alleging retaliation as prohibited by OAR 659.852 or discriminatory retaliation as prohibited by ORS 659.850 and OAR 581-021-0045 without the complainant having filed a complaint with the district alleging retaliation if the appeal alleges that the retaliation occurred in response to a complaint that had been filed with the district. (4)(a) The complaint on which the appeal is based must have been initially filed with the district not later than two calendar years after the date on which: (A) The alleged violation occurred; or (B) The complainant discovered the alleged violation. (b) For purposes of this subsection, if the alleged violation is of a continuing nature, the date on which the alleged violation occurred is the most recent date on which the alleged violation occurred. (5) The appeal must be received by the department not later than one calendar year after the date on which the department could have first accepted the appeal under subsection (2) of this rule. (6) The appeal must: (a) Be in writing; (b) Be submitted in person, by mail, or electronically; and (c) Contain: (A) The name of the person filing the appeal; (B) If the person filing the appeal has a phone number, address, or email address, the person’s phone number, address, or email address; (C) If the person is filing the appeal on behalf of a student, the name of the student; (D) A statement of the facts upon which the appeal is based; and (E) Other information requested by the department. (7) The Director of the Oregon Department of Education or the director’s designee may for good cause waive the requirements described in subsection (6) of this rule.