Or. Admin. R. 581-002-0007

Current through Register Vol. 63, No. 6, June 1, 2024

Section 581-002-0007 - Notice of Acceptance or Denial of Appeal

(1) Upon receipt of an appeal under OAR 581-002-0005, the department will determine whether the appeal satisfies the requirements of OAR 581-002-0003 and 581-002-0005.

(2) If the department determines that the appeal satisfies the requirements of OAR 581-002-0003 and 581-002-0005, the department will give written notice to the complainant and the district that the appeal has been accepted. Notice given under this subsection must:

(a) Be issued within 14 calendar days of receiving the appeal;

(b) Include a reference to the school district decision that is on appeal;

(c) Include a reference to the specific statute or rule that is at issue;

(d) Include an explanation of the district's duties under OAR 581-002-0009;

(e) Include a list of all correspondence, documents, and other information that the department determines is essential to conducting an investigation under OAR 581-002-0009; and

(f) Include an explanation of alternative, non-adversarial options available to the complainant and the district and the contact information of departmental personnel who can assist the complainant and the district in pursuing those options.

(3) If the department determines that the appeal does not satisfy the requirements of OAR 581-002-0003 or 581-002-0005, the department will give written notice to the complainant that the appeal is denied. Notice given under this subsection must:

(a) Be issued within 14 calendar days of receiving the appeal;

(b) Explain the grounds for the denial; and

(c) If the appeal is being denied on procedural grounds that the complainant may correct, explain how the complainant may correct the procedural defect.

(4) The Director of the Oregon Department of Education may for good cause extend the time by which the department is required to respond under subsections (2)(a) and (3)(a) of this rule.

Or. Admin. R. 581-002-0007

ODE 11-2019, adopt filed 03/25/2019, effective 3/25/2019

Statutory/Other Authority: ORS 326.051, ORS 339.303 & ORS 659.850 to 659.855

Statutes/Other Implemented: ORS 339.303, ORS 659.850 to 659.855 & ORS 339.285 to 339.303