Or. Admin. Code § 581-075-0200 - Investigations of Potential Violations of Division 22 Standards
(1) For purposes of
OAR 581-075-0205 and this rule:
(a)
"Department" means the Oregon Department of Education.
(b) "District" means a school district,
education service district, public charter school, or other education entity to
which a rule codified in Oregon Administrative Rules Chapter 581, Division 22,
applies.
(c) "Public charter
school" means an elementary or secondary charter school offering a
comprehensive instructional program under a written agreement entered into
between a sponsor and an applicant pursuant to ORS chapter 338.
(d) "Sponsor" means:
(A) The board of the school district or the
union high school district that has developed a written charter to create a
public charter school; and
(B) The
State Board of Education pursuant to ORS
338.075.
(2) OAR 581-075-0205 and this rule
apply to potential violations of rules codified in Oregon Administrative Rules
Chapter 581, Division 22.
(3) The
department will investigate a potential violation of a rule codified in Oregon
Administrative Rules Chapter 581, Division 22, if a complainant files an appeal
of a complaint initially filed with a district in accordance with OAR
581-075-0205.
(4) Before conducting
an investigation under this rule, the department must give written notice to
the district that it is going to conduct the investigation. In the notice, the
department may order the district to provide the department, in a time and
manner ordered by the department, with a written explanation of any action that
the district took or did not take with respect to the potential
violation.
(5) For purposes of
conducting an investigation under this rule, the department may order a
district to provide the department with documents and other information
necessary to investigate the potential violation.
(6)
(a) If
the department determines that a violation occurred, the department must issue
a final order. If the department determines that a violation did not occur, the
department must issue a final order or notice of compliance.
(b) A final order issued under this
subsection must contain the facts upon which the department is basing its
conclusions, an explanation of the department's conclusions, and if the
department determines that a violation occurred, an order directing the
district to complete a corrective action plan. If the district is a school
district, the corrective action plan must be prepared and completed in
accordance with ORS 327.103. If the district is an
education service district, the corrective action plan must be prepared and
completed in accordance with ORS
334.217. If the district is a
public charter school or other type of education entity, the corrective action
plan must be prepared in a time and manner prescribed by the
department.
(c) Notice of
compliance issued under this subsection must contain a summary of the
allegations made against the district and a summary of the department's
conclusions.
(7) The
department must issue a final order or notice of compliance as described in
subsection (6) of this rule not later than 210 calendar days after the date on
which the department gave notice under subsection (4) of this rule unless the
Director of the Oregon Department of Education or the director's designee
extends the time by which the department must issue the order or notice for
good cause.
(8) If a district does
not prepare or complete a corrective action plan, the department may impose any
penalty allowed under the laws of this state, including withholding all or part
of any distribution authorized under the laws of this state from the State
School Fund.
(9) On any date
preceding the date on which the department issues a final order or notice of
compliance under this rule, the district that is the subject of the
investigation may request to prepare a corrective action plan in the same
manner that the district would prepare a corrective action plan under
subsection (6) of this rule if the department found that the district committed
the potential violation. Upon request, the department will assist the district
in understanding what corrective action would be appropriate.
Notes
Statutory/Other Authority: ORS 326.051, ORS 327.103, ORS 338.115 & ORS 334.217
Statutes/Other Implemented: ORS 326.051, ORS 327.103, ORS 338.115 & ORS 334.217
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.