Portland Public Schools Page 1 of 6 Portland, Oregon

(1) It is desirable that parents and students have an opportunity to make any concern known to the district and to afford the district an opportunity to review those concerns and respond to them. Parents and students are encouraged to discuss any concern informally with the principal of the school involved.

(2) If a concern of a parent or a student falls within the definition of "complaint" given below and if there is no special hearing procedure for the concern provided by statute or Board policy, the grievance procedure hereinafter set out, except as provided in Section 3 below, shall be available.

(a) "Complaint" means a written allegation that the district or its personnel have violated, misinterpreted or erroneously applied:

(A) Written policies or regulations of the district, or district agreements with other governmental agencies;

(B) Section 901 or 902, Title IX, of the Education Amendments of  1972, as amended by Public Law 93-568 (20 U.S.C., Sections 1681 and 1682), or valid regulations of the U.S. Department of Education adopted to effectuate such laws relating to sex discrimination in any education program or activity;

(C) ORS 659.150 or valid rules of the Oregon Department of Education adopted to effectuate that law.

(b) "Complainant" means:

(A) A parent of a student of the district (which includes, for the purposes of this policy, the guardian of a student);

(B) A student who attends a high school of the district;

(C) A parent of a student of the district and the student, jointly, who files a complaint and pursues it under the grievance procedure established by this policy, provided the complainant or (in the case of joint complaint) the student is directly affected by the action complained of.

(c) "Principal" includes, in the high schools, any vice principal or administrative assistant designated by the principal.

(d) The conference, hearing and review procedures established in this policy are intended to provide an informational hearing on complaints.

(e) Nothing in this policy shall limit the opportunity of a complainant to follow other remedies available to seek redress of a complaint,

except:

(A) If, at any Level, the complainant elects to follow the procedures provided under this policy, the complainant must exhaust the procedures at that Level before pursuing any other remedy available;

(B) If a complainant appeals to the State Superintendent of Public Instruction pursuant to rules of the Oregon Department of Education, the complainant shall first exhaust the procedures provided at all Levels under this policy;

(C) A parent and a student may not each file separate complaints in relation to the same action complained of, and the complaint filed first shall be the complaint processed under the grievance procedure established by this policy. If, however, both complaints are filed prior to the conference before the principal, they shall be treated as a complaint jointly filed by the parent and the student.

(f) Nothing in this policy shall limit the time, manner or procedure, which the Board may choose to respond to complaints. However, the Board shall act as provided at Level 3 below.

(g) A copy of any notice mailed to a complainant by the district under this policy shall be mailed to both the parent and the student. It is the intent of the Board that reasonable extensions of time should be granted to complainants when circumstances warrant it. Such extensions shall be in writing and granted at the Level at which the complaint is then pending. All hearing procedures and correspondence must make provision for communication in the home language of the student(s) and parent(s) whenever practical and possible.

(h) Levels.

(A) Level 1:

(i) A complainant may file a complaint with the principal of the school, which the student attends. The complaint shall state with specificity the concern of the complaint and request a conference with the principal to discuss it.

(ii) Upon receipt of the complaint, the principal shall arrange for a conference with the complainant to discuss the complaint. A conference shall be held as promptly as reasonably practicable, but in any event, if the complaint is filed during the regular school year, within seven working days of the filing of the complaint, unless the complainant agrees to a delay.

(iii) The conference shall be conducted in an informal manner and shall be designed to provide an opportunity for the complainant to explain fully the nature of the complaint, the circumstances which give rise to it, and the redress sought, and to give the principal the opportunity fully to discover the facts which bear on the complaint. The principal may also ask questions of any other person involved.

(iv) Within seven working days after the conclusion of the conference, the principal shall file a written report concerning the complaint, together with a copy of the complaint, with the Director of Student Achievement and shall send a copy of such report to the complainant. The report shall summarize the complaint and conference and state the principal's conclusions, the reasons supporting them, and the remedial action, if any, which the principal intends to take.

(B) Level 2:

(i) If the complainant wishes the Director of Student Achievement to review the principal's report, the complainant may file a written request therefore with the Director of Student Achievement within 10 working days after a copy of the principal's report is mailed to the complainant stating with specificity the reasons why a review of the principal's report is sought and shall send a copy of the request to the principal.

(ii) Upon receipt of such request, the Director of Student Achievement or his/her designee shall arrange for a conference with the complainant to discuss the matter. The Director of Student Achievement may appoint his/her designee to attend the conference in his/her place. The conference shall be held as promptly as reasonably practicable and in any event within seven working days of the filing of the request for review unless the complainant agrees to a delay. The principal and such other persons as the Director of Student Achievement or his/her designee choose may be present in addition to the parent or student. The complainant may choose a third party, including legal counsel, to be present at and to participate in the conference. Students and parents/guardians who do not speak English may request an interpreter.

(iii) The conference shall be conducted in an informal manner and shall be designed to provide an opportunity for the complainant to explain fully why the complainant wishes the Director of Student Achievement to review the principal's report and to give the Director of Student Achievement or his/her designee an opportunity to discover the facts, which bear on the matter. The Director of Student Achievement or his/her designee may ask questions of any other person involved.

(iv) Within seven working days after the conclusion of the conference, the Director of Student Achievement shall file a written report concerning the conference, together with a copy of the complaint, and of the principal's report, with the superintendent. The Director of Student Achievement's report shall summarize the conference, state the Director of Student Achievement's conclusions, the reasons which support them, and the remedial action, if any, which the Director of Student Achievement intends to take. A copy of the Director of Student Achievement's report shall be sent to the principal and the complainant.

(C) Level 3:

(i) If the complainant wishes the superintendent and the Board to review the Director of Student Achievement's report, the complainant may file with the superintendent a written request therefore within 10 working days after the copy of the Director of Student Achievement's report is mailed to the complainant stating with specificity the reason why a review of the Director of Student Achievement's report is sought. A copy of the request shall be sent to the Director of Student Achievement.

(ii) The superintendent shall review the matter and make a recommendation to the Board. The superintendent, if he/she desires, and before he/she submits his/her recommendation to the Board, may proceed as follows:

(I) He/She may invite the complainant and such other persons as the superintendent deems appropriate to attend a conference with him/her or his/her designee.

If a conference is held, it shall be held as promptly as reasonably practicable and in any event within seven working days of the filing of the request for review, unless the complainant agrees to a delay. The conference shall be conducted in an informal manner and in such a manner as the superintendent or his/her designee shall deem appropriate to permit the superintendent to make his/her recommendation with respect to the matter to the Board; or

(II) He/She may elect to hold a more formal hearing in connection with such review presided over by him/her or his/her designee and shall promptly notify the parties involved of his/her desire to hold such a hearing and the time and place thereof. Such hearing shall be held as promptly as reasonably practicable and in any event within 10 working days after a copy of such notice is mailed to the complainant, unless the complainant agrees to a delay. At such hearing, the presiding officer shall gather the evidence, compile the record, and make any necessary rulings on procedure, including requiring the attendance of witnesses. If such conference or hearing is held, the complainant may choose a third party, including legal counsel, to be present at and to participate in the conference or hearing as the case may be. An interpreter may be requested by students and parents/guardians who do not speak English.

(iii) The superintendent's recommended decision, including the reasons therefore, shall be made within seven working days of receipt of the report from the Director of Student Achievement, or within seven working days following the conclusion of the conference, or hearing, whichever is later, and shall be sent to the parties involved. The Superintendent shall include in the documents submitted to the Board, the complaint, the principal's report, the Director of Student Achievement's report, and the request for review submitted to the superintendent.

(iv) The Board shall act on said recommendation on or before the date of its second regular meeting following receipt of the Superintendent's recommendation. Its decision shall be written and provided promptly to the parties. The Board may act on the basis of the superintendent's recommendation and documents submitted to it by him/her and need not elect to hold a further conference or hearing in the matter.

(a) The procedures authorized by Section 2 of this policy shall not apply

to:

(A) Any matter for which a special hearing procedure is provided by statute or policy of the Board (including challenges to student records) or to student disciplinary proceedings (as to which special hearing procedures are provided by regulations of the district); provided, however, that when special hearing procedures exist, the complaints to which this policy would otherwise apply may be filed and shall be considered pursuant to such special hearing procedures;

(B) Any attempt to change written district policies, valid regulations or district agreements with other governmental agencies;

(C) Any matter as to which the Board is without authority to act.

(b) Further, to the extent that the complaint does not involve an alleged violation of Title IX of the Education Amendments of 1972, as amended, or of federal regulations issued thereunder, or of ORS 659.150, or of rules of the Oregon Department of Education issued thereunder, such procedures shall not apply to allegations or contentions that any district policy, or any such agreement, is invalid.

Legal References: ORS 192.610 - 192.690; ORS 332.107; ORS 659.150; OAR 581-022-1940

History: Adpt 7/15/76; Amd 9/13/76; Amd 5/84; Amd 2/98; Amd 9/9/02; BA 2420

Anderson v. Central Point School District No. 6, 554 F. Supp. 600 (D. Oregon 1982); aff'd in

part, 746 F.2d 505 (9th Cir. 1984).

Connick v. Myers, 461 U.S. 138 (1983).

Title IX of the Education Amendments of 1972, 20 U.S.C.A. Sections 1681, 1682 and 1683

(West 1985)