General Complaint Procedure. Each school district shall implement a process for the prompt resolution of a complaint by a person who resides in the district or any parent or guardian of children attending school in the district. Unless specifically provided by state or federal law or administrative rule, the decision of the district shall be final.

Standard Complaint Procedure. If the complaint alleges a violation of standards of the Oregon Administrative Rules in Chapter 581, Division 22,the complainant may direct an appeal to the State Superintendent of Public Instruction, after exhausting local procedures or after 45 days from filing a written complaint with the school district, whichever occurs first. The appeal shall be in writing and shall contain:
(a) The name and address of the person bringing the appeal,and the district in which that person resides;
(b) The name and address of the district which is alleged to have violated standards; and
(c) A brief statement indicating which standard the district is alleged to have violated and how the district is alleged to have violated it.

Upon receipt of the appeal the State Superintendent shall determine whether a violation of standards has been properly alleged and the requirements of section (2) of this rule have been satisfied.
(a) If the State Superintendent determines that the facts of complaint, if true, would be a violation of a standard, the appeal shall be accepted and the procedures listed in this rule in the following sections shall be applied;
(b) If the State Superintendent determines that the complaint, even if true, would not violate a standard, the appeal shall not be accepted. In either case, the State Superintendent shall give notice of the determination by certified mail to the complainant and the school district.

Within 30 days of receipt of notice of the State Superintendent's acceptance of the appeal, the district shall submit a written report with the State Superintendent which shall include:
(a) A statement of facts;
(b) A statement of district action, if any, taken in response to the complaint, or if none was taken, the reason(s) therefore;
(c) A stipulation, if one was reached, of the settlement of the complaint; and
(d) A list of any complaints filed with another agency by the party, concerning the subject of the appeal.

The State Superintendent may for good cause extend the time for the filing of a report by the district.

Upon receipt of the district's report, the State Superintendent shall investigate the allegations of the complaint to the extent necessary and at the State Superintendent's discretion may:
(a) Authorize an on-site investigation; and
(b) Conduct interviews and review documents as deemed necessary.

At any time during the appeal the parties may agree to settle the matter(s) at issue. The party bringing the appeal may at any time file a written request that the appeal be withdrawn. When such a request is received the State Superintendent shall terminate all further action regarding the appeal.

The State Superintendent shall issue a written decision within 60 days of receiving the district's report that addresses each allegation in the complaint and contains reasons for the State Superintendent's decision as to whether or not the district is deficient. If the schools of the district are not open during the 60-day period due to summer vacation, the decision shall be issued within 60 days after the beginning of the school year.

If a deficiency is found, the State Superintendent's written decision shall include any necessary corrective action to be undertaken by the district as well as any documentation to be supplied to ensure that the corrective action has occurred.

If a deficiency is not corrected, the provisions of ORS 327.103 shall apply.
Stat. Auth.: ORS 326.051 Stats. Implemented: ORS 327.103; 326.051 Hist.: EB 18-1996, f. & cert. ef. 11-1-96