OREGON STATE LAWS RELEVANT TO THE EDUCATION OF TALENTED AND GIFTED STUDENTS
The following pages contain information concerning state laws that relate specifically to the education of TAG students. State laws are general statements. Once they have passed the legislature they are interpreted by state agencies which conduct public hearings and then issue Administrative Rules (OARs). These Rules have the force of law but are more detailed than the Statutes. With regard to enforcement, rules are the same as statutes. If a citation begins with ORS it is a Statute; if it begins with OAR it is an Administrative Rule.
In the following sections you will find
Each Statute or Rule is followed by a note giving a location for that text on the WorldWideWeb (a URL) with the date that the law or rule was downloaded.
If you want to read them yourself or look for other important laws, you will find them on two different websites:
· Oregon Revised Statutes are found on the website for the Oregon State Legislature. http://www.leg.state.or.us/ors/home.html .
· Oregon Administrative Rules are found on the website for the Secretary of State http://arcweb.sos.state.or.us/banners/rules.htm .
· An Index to Oregon Administrative Rules by agency can be found at http://arcweb.sos.state.or.us/rules/number_index.html .
· Oregon Administrative Rules for the Department of Education can be chosen from that page or found at http://arcweb.sos.state.or.us/rules/OARS_500/OAR_581/581_tofc.html .
Many of the relevant OARs are contained in Divisions 21 and 22 of Chapter 581. However, there are important OARs in other Divisons; for example, Division 20 concerns professional development of teachers and also contains Oregon’s Charter School law.
These laws represent a commitment that Oregon has made to your children, and a thorough knowledge of them is one of your most important advocacy tools.
ORS 326.051: State Goals for Elementary and Secondary Education
Oregon's system of K-12 education plays a key role in
preparing students to function effectively in a rapidly changing
world. To successfully prepare students for the futures they
choose to pursue, the State Board of Education identifies seven
goals for Oregon's K-12 educational system:
(1) To insure that all Oregon students, regardless of linguistic
background, culture, race, gender, capability, or geographic
location, have access to a quality education in a safe,
motivating environment;
(2) To hold all Oregon students to rigorous academic standards
and expect them to succeed;
(3) To provide Oregon students with opportunities to demonstrate
their achievement in knowledge and skills;
(4) To encourage parental and community involvement in their
student's education;
(5) To develop in Oregon students lifelong academic skills to
prepare them for an everchanging world;
(6) To develop in Oregon students the core ethical values that
our diverse society shares and holds important, including but
not limited to, respect, responsibility, caring, trustworthiness,
justice and fairness, and civic virtue and citizenship; and
(7) To equip Oregon students with the knowledge and skills
necessary to pursue the future of their choice and to prepare
students to function effectively in various life roles.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 326.011, ORS 329.015, ORS 329.025, ORS
329.035 & ORS 336.067
Hist.: EB 9-1997, f. & cert. ef. 6-26-97
ORS 326.051
Equal Educational Opportunities
Each district school board shall adopt written policies, and the
school district shall implement in each school, programs which assure equity, opportunity and access for all students as
provided in OAR 581-021-0045 and OAR 581-021-0046.
Stat. Auth.:
Stats. Implemented: ORS 659.150
Hist.: EB 1-1997, f. & cert. ef. 3-12-97
581-022-1210
The Oregon TAG Mandate (Oregon Revised Statutes)
TALENTED AND GIFTED CHILDREN: CONTENTS
343.391 Purpose of ORS 343.391 to 343.413
343.395 Definitions for ORS 343.391 to 343.413
343.396 Nature of programs
343.397 Plan of instruction for talented and gifted children
343.399 State aid to local districts; criteria
343.401 Use of funds appropriated for ORS 343.391 to 343.413
343.404 Funding for program development
343.407 Identification of talented and gifted students
343.409 Talented and gifted programs required
343.411 When identification and programs for certain children required or optional; state guidelines
343.413 Short title
TALENTED AND GIFTED CHILDREN
343.391 Purpose of ORS 343.391 to 343.413. The purpose of ORS 343.391 to 343.413 is to facilitate the identification and education of talented and gifted children. [1959 c.528 §1; 1963 c.570 §21; 1971 c.613 §1; 1979 c.385 §1]
343.393 [1959 c.528 §11; repealed by 1961 c.500 §2]
343.395 Definitions for ORS 343.391 to 343.413. As used in ORS 343.391 to 343.413, unless the context requires otherwise:
(1) “Application” means a request by a school district for state funds to develop and operate programs for students under an approved, written plan as contained in ORS 343.397.
(2) “Board” means the State Board of Education.
(3) “Department” means the Department of Education.
(4) “Identification” means the formal process of screening and selecting talented and gifted children according to administrative rules established by the board.
(5) “School district” has the same meaning as in ORS 330.005 (2) and also includes, where appropriate, an education service district, state operated schools or programs or a consortium of school districts submitting a joint plan.
(6) “Superintendent” means the Superintendent of Public Instruction.
(7) “Talented and gifted children” means those children who require special educational programs or services, or both, beyond those normally provided by the regular school program in order to realize their contribution to self and society and who demonstrate outstanding ability or potential in one or more of the following areas:
(a) General intellectual ability as commonly measured by measures of intelligence and aptitude.
(b) Unusual academic ability in one or more academic areas.
(c) Creative ability in using original or nontraditional methods in thinking and producing.
(d) Leadership ability in motivating the performance of others either in educational or noneducational settings.
(e) Ability in the visual or performing arts, such as dance, music or art. [1959 c.528 §2; 1963 c.570 §22; 1965 c.100 §409; 1971 c.613 §2; 1979 c.385 §2; 1987 c.335 §1]
[Only "a" and "b" are currently mandatory--Margaret]
343.396 Nature of programs. It is legislative policy that, when talented and gifted programs are offered, the programs should be provided by common or union high school districts, combinations of such districts or education service districts, in accordance with ORS 334.175, and that the state will provide financial and technical support to the districts to implement the education programs within the limits of available funds. [1979 c.385 §8; 1981 c.833 §2]
Note: 343.396 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 343 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
343.397 Plan of instruction for talented and gifted children. Any school district may submit to the Superintendent of Public Instruction for approval a written plan of instruction for talented and gifted children. The plan shall include, but not be limited to:
(1) A statement of school district policy on the education of talented and gifted children;
(2) An assessment of current special programs and services provided by the district for talented and gifted children;
(3) A statement of district goals for providing comprehensive special programs and services and over what span of time the goals will be achieved;
(4) A description of the nature of the special programs and services which will be provided to accomplish the goals; and
(5) A plan for evaluating progress on the district plan including each component program and service. [1959 c.528 §§5, 6, 7; 1963 c.570 §23; 1965 c.100 §410; 1971 c.613 §3; 1979 c.385 §3]
343.399 State aid to local districts; criteria.....
343.401 Use of funds appropriated for ORS 343.391 to 343.413.... (1) The funds specifically appropriated for the program under ORS 343.391 to 343.413 shall be distributed to districts that have approved, written plans and have submitted an application to the Superintendent of Public Instruction which has been approved.....
343.403 [1959 c.528 §10; 1963 c.570 §25; repealed by 1965 c.100 §456]
343.404 Funding for program development. (1) The Superintendent of Public Instruction may annually expend funds appropriated for the talented and gifted program to provide support for the development of talented and gifted education statewide.....
343.405 [1963 c.570 §22a; repealed by 1965 c.100 §456]
343.407 Identification of talented and gifted students. School districts shall identify talented and gifted students enrolled in public schools under rules adopted by the State Board of Education. [1987 c.337 §3; 1993 c.45 §225]
343.409 Talented and gifted programs required. School districts shall provide educational programs or services to talented and gifted students enrolled in public schools under rules adopted by the State Board of Education. [1987 c.337 §4; 1993 c.45 §226; 1993 c.749 §18]
343.410 [1955 c.658 §2; 1961 c.541 §1; 1965 c.100 §413; 1971 c.96 §1; repealed by 1975 c.621 §17]
343.411 When identification and programs for certain children required or optional; state guidelines. (1) ORS 343.407 and 343.409 shall apply to the identification of and provision of special educational programs and services for the talented and gifted as described in ORS 343.395 (7)(a) and (b) and rules adopted by the State Board of Education.
(2) School districts may identify and provide special educational programs and services for students who demonstrate creative abilities, leadership abilities or unusual abilities in the visual or performing arts as described in ORS 343.395 (7)(c), (d) and (e) and rules adopted by the board.
(3) The board shall adopt state guidelines for the identification and provision of special educational programs and services described in subsection (2) of this section. [1991 c.951 §2]
343.413 Short title. ORS 343.407 to 343.413 shall be known as the Oregon Talented and Gifted Education Act. [1987 c.337 §2]
OREGON ADMINISTRATIVE RULES (OARs)
Talented and Gifted
OAR 581-015-0805
Definitions
The following definitions apply to Oregon Administrative Rules 581-015-0811 through 581-015-0825 unless the context requires otherwise:
(1) "Talented and gifted children": those children, as defined in ORS 343.395, who require special educational programs or services, or both, beyond those normally provided by the regular school program;
(2) "Parent": A natural or adoptive mother or father, a legally appointed guardian or, if the child has attained the age of majority, the individual student.
(3) "School district": The same meaning as in ORS 330.005 and also includes, where appropriate, an education service district or a consortium of school districts submitting a joint written plan and application to serve talented and gifted children.
(4) "Case study": The information concerning a student used for the selection and placement of the student.
(5) "Selection team": A committee responsible for developing individual case studies and selecting students for placement in programs for the talented and gifted.
(6) "Written plan": The district goals and plan for identifying students and developing services and programs, the timeline for implementation and plan for evaluating progress toward achieving the goals.
(7) "Application": A one-year request for state funds by a school district that specifies goals for the program or service, and goals for students.
581-015-0811 District Plans
(1) In any biennium in which the legislature appropriates funds for Talented and Gifted Education, each district shall submit a written plan to the State Superintendent of Public Instruction pursuant to ORS 343.391 to 343.404 to be eligible for a talented and gifted program grant. …
581-015-0816
Application for Grants …
581-015-0820
Selection of Applications and Allocation of Funds…
581-015-0825
Quarterly Payments and Accounting for Grants …
OAR 581-022-1310
Identification of Academically Talented and Intellectually Gifted
Students
Each school district shall have local district policies and
procedures for the identification of talented and gifted students
as
defined in ORS 343.395(7)(a) and (b):
(1) Districts shall make efforts to identify students from ethnic
minorities, students with disabilities, and students who are
culturally different or economically disadvantaged.
(2) A team shall make the final decisions on the identification
of students using the information collected under sections (3)
and (4) of this rule. No single test, measure or score shall be
the sole criteria. A record of the team's decision, and the data
used by the team to make the decision, shall become part of the
education record for each student considered.
(3) Districts shall collect behavioral, learning and/or
performance information and include the information in all
procedures
for the identification of students.
(4) The following measures and criteria for identifying the
intellectually gifted and the academically talented shall be used
by
the team:
(a) Intellectually gifted students shall score at or above the
97th percentile on a nationally standardized test of mental
ability;
and
(b) Academically talented students shall score at or above the
97th percentile on a test of total reading or a test of totalmathematics from a nationally standardized test battery or a
nationally standardized test of reading or mathematics.
(5) Despite a student's failure to qualify under subsections
(4)(a) and (b) of this rule, districts, by local policies and
procedures, shall identify students who demonstrate the potential
to perform at the 97th percentile.
(6) School districts may identify additional students who are
talented and gifted as defined in ORS 343.395(7)(c), (d), and(e) as determined by local district policies and procedures.
Stat. Auth.: ORS 343.391 - ORS 343.413
Stats. Implemented: ORS 326.051
Hist.: EB 18-1996, f. & cert. ef. 11-1-96
OAR
581-022-1320
Rights of Parents of Talented and Gifted Students
In carrying out the requirements of OAR 581-022-1310 and OAR
581-022-1330, the school district shall:
(1) Inform parents at the time of the identification of the child
and the programs and services available.
(2) Provide an opportunity for the parents to provide input to
and discuss with the district the programs and services to be
received by their child.
(3) The parents may, at any time, request the withdrawal of their
child from programs and services provided under OAR
581-022-1320. The school district shall notify parents of
identified students of this right.
(4) Parents shall be informed of their right to file a complaint
under OAR 581-022-1940.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 343.391 - ORS 343.413
Hist.: EB 18-1996, f. & cert. ef. 11-1-96
OAR
581-022-1330
Programs and Services for Talented and Gifted Students
(1) Each school district shall have a written plan for programs
and services.
(2) The instruction provided to identified students shall address
their assessed levels of learning and accelerated rates of
learning.
(3) Assessments for the development of an appropriate academic
instructional program shall include the information used by
the team for identification purposes and also may include one or
more of the following:
(a) An academic history which may include grades, portfolio
assessment records or other progress records and achievement
information that demonstrates the student's level of learning and
rate of learning;
(b) Other evaluation methods such as formal tests or informal
assessment methods designed by teachers to determine the
student's instructional level and rate of learning related to
specific academic programs;
(c) Student interest, style, and learning preferences information
from inventories or interviews; and
(d) Other measures determined by the school district to be
relevant to the appropriate academic instructional program for
the
student.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 343.391 - ORS 343.413
Hist.: EB 18-1996, f. & cert. ef. 11-1-96
OTHER OARs OF INTEREST
581-022-1340
Alternative Education Programs
(1) In order to provide innovative and more flexible ways of
educating children, school districts may establish new
alternative education options within the public school system.
(2) A school district shall grant credit for work satisfactorily
completed in an alternative education program as defined in
ORS 336.615 and ORS 336.625, provided the student either:
(a) Successfully completes classroom or equivalent work (e.g.,
supervised independent study, work experience, research) in
a course of at least 130 clock hours in accordance with OAR
581-022-0102;
(b) Completes a unit of credit in a school accredited by
Northwest Association of Schools and Colleges;
(c) Completes a unit of credit where performance-based criteria
acceptable to the school district are identified; or
(d) Demonstrates competency or mastery of subject as defined by
the school district by any one or more of the following as
approved by the district:
(A) Successfully passes an appropriate exam;
(B) Provides sample of work or other evidence which demonstrates
equivalent knowledge or skill; and
(C) Provides documentation of prior learning activities or
experiences (e.g., certification of training, letters, diplomas,
awards, etc.).
(3) A school district may grant credit for work satisfactorily
completed in a GED preparation course of study, however, a
school district shall not use the GED Tests or Sub Tests for the
purposes of grade placement or promotion, as measures of
student progress in instructional programs, as means of awarding
academic credit (e.g., Carnegie units), or as a means of
awarding alternative credentials to currently enrolled high
school students.
(4) School districts shall adopt policies and procedures for the
approval and annual evaluation of alternative education
programs under ORS 336.615-336.665 that receive public funds.
Approval and annual evaluation of such programs shall
provide that:
(a) All students receive instruction in the state content
standards at appropriate benchmark levels providing the
opportunity to
receive Certificates of Initial and/or Advanced Mastery;
(b) All Oregon Statewide Assessments are administered;
(c) The results of student performance on state assessments are
reported annually to students, parents and the school district;
(d) Any private alternative program is registered with the Oregon
Department of Education under the provisions of OAR
581-021-0072;
(e) The program complies with all rules and statutes applicable
to public schools including:
(A) ORS 181.539, 326.603, 326.607 and 342.232 (criminal
background checks);
(B) ORS 337.150, 339.141, 339.147 and 339.155 (tuition and fees);
(C) ORS 659.150 and 659.155 (discrimination);
(D) Health and safety statutes and rules; and
(E) Any statute, rule or school district policy that is specified
in the contract between the school district board and the private
alternative program.
(f) The program complies with federal law; and
(g) The contract between a school district and a private
alternative education program must state that non-compliance with
a
rule or statute under this rule may result in the termination of
the contract.
(5) School districts shall adopt policies and procedures to
approve placing a student in district approved public alternative
education programs and district approved private alternative
education programs. Such policies and procedures must ensure
that:
(a) Students placed in alternative education programs are those
whose educational needs and interests are best served by
participation in such programs and will include but not be
limited to those students identified under ORS 339.250 (9) and
OAR 581-022-1110(5);
(b) Placement of a student in a public or private alternative
education program be made only if the program has been
determined by the district, according to district policy, to best
serve the student's educational needs and interests, within
district and state academic standards;
(c) Placement in a public or private alternative education
program be made with the approval of the student's resident
school
district and attending school district; and
(d) Payment to private alternative education providers be the
actual cost of the program or an amount at least equivalent to 80
percent o the district's estimated current years' average per
student net operating expenditure, whichever is lesser.
(6) School districts shall adopt policies and procedures for
students, parents or guardians of students residing in the
district
to request the establishment of alternative education programs
with the district.
(7) A school district shall adopt policies and procedures for
notification of students, parents or guardians of students of:
(a) The law regarding alternative education programs;
(b) The availability of existing alternative education programs;
and
(c) The procedures to request the establishment of new
alternative education programs.
(8) School districts shall include opportunities for
participation by educators, community members, and parents or
guardians
in the development of policies and procedures under this rule.
581-022-1350
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 336.625, ORS 336.635 & ORS 336.645
Hist.: EB 18-1996, f. & cert. ef. 11-1-96; ODE 2-1998, f.
& cert. ef. 2-27-98
581-022-1420
Individual Student Assessment, Recordkeeping, and Reporting
Each district shall:
(1) Assess and record each student's progress in all subject
areas of instruction, including the Common Curriculum Goals:
(a) Instruments and/or strategies used to determine student
progress may assess multiple goals;
(b) Results from the assessment instruments and/or strategies may
be used as a record of achievement level; and
(c) Records of student performance may be kept in teacher grade
books, student folders, portfolios, or similar devices.
(2) Assist teachers in adapting instruction and curriculum to
meet the needs and learning rates of all students in attaining
the
goals of the subject area.
(3) Annually report progress towards completion of graduation
requirements to parents of students in grades 9&endash;12.
(4) Report at least annually on student progress in each subject
area of instruction to parents of all students in grades
K-12:
(a) Minimally, information on progress in each subject area
(e.g., grades, checklists, folders, etc.) including major goals
used
to determine such information, shall be provided to parents; and
(b) Specific evidence of student progress on the goals of a
subject area shall be shared with parents upon request.
(5) Maintain student records under the student's legal name or
establish a cross reference system to locate the student's
records by use of the student's legal name.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 326.051
Hist.: EB 18-1996, f. & cert. ef. 11-1-96
581-022-1680
Certificate of Initial Mastery Requirements [This will be replaced very
soon with new diploma requirements approved by the Board of Education]
(1) Each district school board shall award a Certificate of
Initial Mastery (CIM) to students who:
(a) Achieve all grade 10 performance standards in the academic
content standard areas of English, mathematics, science, and
the social sciences, and additional local district CIM
requirements, if any, as defined by district school board policy;
and
(b) Demonstrate proficiency in the areas of second language and
the arts, based on performance standards as defined in
district school board policy.
(2) School districts shall ensure that students have the
opportunity to demonstrate the ability to learn, think, retrieve
information, use technology and work effectively as individuals,
and as individuals in groups.
(3) Requirements for the CIM will be implemented according to the
following schedule for implementation of the state
performance standards for student achievement on the state
assessment system in English, mathematics, science and social
science, and local district performance standards in the arts and
second language:
(a) 1998-1999 -- English, mathematics;
(b) 1999-2000 -- English, mathematics, science;
(c) 2000-2001 -- English, mathematics, science, social
science;
(d) 2001-2002 -- English, mathematics, science, social
science, the arts;
(e) 2002-2003 -- English, mathematics, science, social
science, the arts, second language.
(4) School districts shall administer all state assessments that
are offered for benchmarks at grades 3, 5, 8, and 10.
(5) School districts shall offer additional services or
alternative public educational options to students who do not
meet the
standards or who exceed all of the standards at any benchmark
level. If after one year, the student, for whom such services or
options were made available, has not yet met all standards, the
school district, with the consent of the parents, shall make an
appropriate placement as described in ORS 329.485(5).
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 329.075, ORS 329.465 & ORS 329.485
Hist.: EB 2-1997, f. & cert. ef. 3-27-97
Diploma Requirements
Each district school board with jurisdiction over high school
programs shall award diplomas to all students who fulfill all
school district requirements and all state requirements as
described in the following sections and in district school board
policies. A school district may award an alternative document to
a student who has met some but not all of the graduation
requirements:
(1) Unit of Credit Requirements:
(a) Each student shall earn a minimum of 22 units of credit to
include at least:
(A) Language Arts -- 3 (shall include the equivalent of one unit
in Written Composition);
(B) Mathematics -- 2;
(C) Science -- 2;
(D) Social Sciences 3 -- (including history, civics, geography
and economics [including personal finance]);
(E) Health Education -- 1;
(F) Physical Education -- 1;
(G) Applied Arts, Fine Arts or Second Language -- 1 (one unit
shall be earned in any one or a combination).
(b) A district school board with a three-year high school may
submit through the waiver process alternative plans to meet unit
requirements;
(c) A district school board may increase the number of units
required in specific areas, and may increase or decrease the
number of elective units; however, the total units of credit
required for graduation shall not be less than 22;
(d) A school district may grant high school credit for courses
taken prior to grade 9 if students taking pre-grade 9 courses are
required to meet performance criteria that are equivalent to the
performance criteria for students taking the same high school
courses;
(e) Course syllabi shall be written for courses in grades 9
through 12 and shall be available to students, staff, parents,
the
district school board and other interested individuals.
(2) Attendance Requirements:
(a) Twelve school years shall be required beginning with grade 1,
except when the school district adopts policies providingfor early or delayed completion of all state and school district
credit and performance requirements;
(b) The district school board may adopt policies for alternative
learning experiences, such as credit by examination andcredit for off-campus experiences;
(c) With any modification of the attendance requirements for
graduation, school district staff shall consider age and maturity
of students, access to alternative learning experiences,
performance levels, school district guidelines and the wishes of
parents or guardians.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 326.051 & ORS 339.280
OAR 581-022-1940
Appeal Procedure
(1) A complainant may direct an appeal of a final decision by a school district
to the State Superintendent of Public Instruction if:
(a) The complaint alleges a violation of standards of the Oregon Administrative
Rules, chapter 581, division 022; or
(b) A violation of other statutory or administrative rule requirements for which
the State Superintendent has appeal responsibilities.
(2) The appeal must be in writing and 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 each standard the district is alleged to have
violated and how the district is alleged to have violated it.
(3) A decision is deemed final if:
(a) The district has failed to comply with the procedural time limits in its
written complaint process;
(b) In a multi-step district complaint process, the district fails to render a
written decision within 30 days of the submission of the complaint at each step;
or
(c) The district fails to resolve a complaint within 90 days of the initial
filing of a written complaint, regardless of the number of steps in the district
complaint process.
(4) Upon receipt of the appeal the State Superintendent will 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 will be accepted and the
procedures listed in this rule in the following sections will be applied;
(b) If the State Superintendent determines that the complaint, even if true,
would not violate a standard, the appeal will not be accepted. In either case,
the State Superintendent will give notice of the determination to the
complainant and the school district.
(5) 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.
(6) The State Superintendent may for good cause extend the time for the filing
of a report by the district.
(7) Upon receipt of the district's report, the State Superintendent will
investigate the allegations of the complaint to the extent necessary including
but not limited to:
(a) Authorizing an on-site investigation; and
(b) Conducting interviews, meetings and surveys and reviewing documents, data
and district procedures.
(8) The State Superintendent will 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.
(9) Notwithstanding section (8) of this rule, the State Superintendent may
extend the time period for issuing a written decision on a complaint to a time
period that is more than 60 days if the State Superintendent has the consent of
the complainant and the allegation concerns a comprehensive or widespread
deficiency and more extensive investigation is needed than may be reasonably
completed within 60days. The State Superintendent shall prepare a timeline and
plan for investigation and provide copies to the complainant and district within
two weeks of receiving the district's report.
(10) If a deficiency is found, the State Superintendent's written decision will
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.
(11) If a deficiency is not corrected, the provisions of ORS 327.103 will apply.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 327.103 & 326.051
Hist.: EB 18-1996, f. & cert. ef. 11-1-96; ODE 31-2007, f. & cert. ef. 12-12-07
OAR 581-022-1941
Complaint Procedures
(1) Each school district must establish a process for the prompt resolution of a
complaint by a person who resides in the district or by any parent or guardian
of a student who attends school in the school district. The process must be in
writing and state clearly who within the school district has the responsibility
for responding to the complaint.
(2) A school district's complaint procedure must specify the time period during
which the complaint will be addressed and a final decision issued. If the
complaint procedure has multiple steps, the procedure must establish the time
period for each step as well as the overall time period for completing the
procedure.
(3) A school district's complaint procedure may distinguish between those
complaints that may be appealed under OAR 581-022-1940 and other complaints.
(4) A school district's complaint procedure may include mediation or other
alternative dispute resolution processes.
(5) The procedure for hearing and acting on complaints that may be appealed
under OAR 581-022-1940 must include the following:
(a) A point at which the decision is final;
(b) A provision for the complainant receive written notice that the district's
decision may be appealed to the State Superintendent of Public Instruction under
OAR 581-022-1940; and
(c) A written decision that clearly establishes the legal basis for the
decision, findings of fact and conclusions of law.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 327.103 & 326.051
Hist.: ODE 31-2007, f. & cert. ef. 12-12-07