OAR 581-075-0200: Investigations of Potential Violations of Division 22 Standards

(1) For purposes of OAR 581-075-0205 and this rule: (a) “Department” means the Oregon Department of Education. (b) “District” means a school district, education service district, public charter school, or other education entity to which a rule codified in Oregon Administrative Rules Chapter 581, Division 22, applies. (c) “Public charter school” means an elementary or secondary charter school offering a comprehensive instructional program under a written agreement entered into between a sponsor and an applicant pursuant to ORS chapter 338. (d) “Sponsor” means: (A) The board of the school district or the union high school district that has developed a written charter to create a public charter school; and (B) The State Board of Education pursuant to ORS 338.075. (2) OAR 581-075-0205 and t his rule apply to potential violations of rules codified in Oregon Administrative Rules Chapter 581, Division 22. (3) The department will investigate a potential violation of a rule codified in Oregon Administrative Rules Chapter 581, Division 22, if a complainant files an appeal of a complaint initially filed with a district in accordance with OAR 581-075-0205. (4) Before conducting an investigation under this rule, the department must give written notice to the district that it is going to conduct the investigation. In the notice, the department may order the district to provide the department, in a time and manner ordered by the department, with a written explanation of any action that the district took or did not take with respect to the potential violation. (5) For purposes of conducting an investigation under this rule, the department may order a district to provide the department with documents and other information necessary to investigate the potential violation. (6)(a) If the department determines that a violation occurred, the department must issue a final order. If the department determines that a violation did not occur, the department must issue a final order or notice of compliance. (b) A final order issued under this subsection must contain the facts upon which the department is basing its conclusions, an explanation of the department’s conclusions, and if the department determines that a violation occurred, an order directing the district to complete a corrective action plan. If the district is a school district, the corrective action plan must be prepared and completed in accordance with ORS 327.158. If the district is an education service district, the corrective action plan must be prepared and completed in accordance with ORS 334.217. If the district is a public charter school or other type of education entity, the corrective action plan must be prepared in a time and manner prescribed by the department. (c) Notice of compliance issued under this subsection must contain a summary of the allegations made against the district and a summary of the department’s conclusions. (7) The department must issue a final order or notice of compliance as described in subsection (6) of this rule not later than 210 calendar days after the date on which the department gave notice under subsection (4) of this rule unless the Director of the Oregon Department of Education or the director’s designee extends the time by which the department must issue the order or notice for good cause. (8) If a district does not prepare or complete a corrective action plan, the department may impose any penalty allowed under the laws of this state, including withholding all or part of any distribution authorized under the laws of this state from the State School Fund. (9) On any date preceding the date on which the department issues a final order or notice of compliance under this rule, the district that is the subject of the investigation may request to prepare a corrective action plan in the same manner that the district would prepare a corrective action plan under subsection (6) of this rule if the department found that the district committed the potential violation. Upon request, the department will assist the district in understanding what corrective action would be appropriate.