Or. Admin. Code § 581-002-0150 - Elementary and Secondary Education Act (ESEA) Equitable Services Complaint Process
(1) The complaint
procedures required by this rule apply to complaints filed with the Oregon
Department of Education (ODE) against final decisions of Oregon local education
agencies by private schools participating in equitable services under any of
the following federal programs:
(a) Title I,
Part A of the Elementary and Secondary Education Act;
(b) Title I, Part C of the Elementary and
Secondary Education Act;
(c) Title
II, Part A of the Elementary and Secondary Education Act;
(d) Title III, Part A of the Elementary and
Secondary Education Act;
(e) Title
IV, Part A of the Elementary and Secondary Education Act;
(f) Title IV, Part B of the Elementary and
Secondary Education Act;
(g) Title
IV, Part F of the Elementary and Secondary Education Act; and
(h) Stronger Connections Grant authorized
under the Bipartisan Safer Communities Act.
(2) Private school officials have the right
to file a complaint with the ODE if they feel the local education agency did
not:
(a) Engage in timely and meaningful
consultation;
(b) Give
consideration to the views of the private school; and/or
(c) Make a decision that treats private
school students equitably.
(3) The complaint process shall be as
follows:
(a) The local educational agency and
the private school shall discuss the matter during the process of ESEA
equitable service consultation.
(b)
Either the local educational agency or private school shall ask the ODE's ESEA
Private School Ombuds for help in settling the dispute at the local
level.
(c) The local educational
agency shall provide the private school with their final decision in writing.
If the local educational agency is in disagreement with the private school,
they shall include an explanation of their reasons in the final written
decision.
(d) If in disagreement
with the local educational agency's final decision, the private school may file
a formal written complaint with the ODE. The ODE shall resolve the formal
written complaint within 45 days of receiving the complaint. Formal written
complaints shall include:
(A) A statement that
the local education agency has violated a requirement of the Elementary and
Secondary Education Act statute or regulations regarding equitable
participation;
(B) The facts on
which the statement is based, including any evidence such as meeting minutes,
forms, communications, etc.;
(C)
The specific Elementary and Secondary Education Act statutory or regulatory
requirement(s) allegedly violated, which could be:
(i) Consultation was not meaningful and
timely;
(ii) The private school's
views were not given due consideration; and/or
(iii) Private school students were not
treated equitably to public school students; and
(D) The signature of the
complainant.
(e) The ODE
shall conduct a review of the complaint. If necessary, ODE may conduct an
on-site review and request additional documentation. Within 45 days of
receiving the complaint, the ODE shall issue a resolution to the complaint in
writing. The resolution shall include:
(A) A
description of applicable Elementary and Secondary Education Act statutory and
regulatory requirements;
(B) A
description of the procedural history of the complaint;
(C) Findings of fact supported by citation,
including page numbers, to supporting documents under paragraph (viii) of this
section;
(D) Analysis and
conclusions regarding the requirements;
(E) Corrective actions, if
applicable;
(F) A statement of
applicable appeal rights;
(G) A
statement regarding the ODE's determination about whether the ODE will provide
services; and
(H) All documents the
ODE relied on in reaching its decision, paginated consecutively.
(4) The local education
agency shall disseminate, free of charge, adequate information about these
complaint procedures to appropriate private school officials or
representatives.
Notes
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