Friends:

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The staff at the Oregon Department of Education are proposing new rules on complaints and appeals.? These rules will affect the way the Department responds to appeals from district decisions concerning allegations that a district is not implementing state education standards including the “Division 22 standards.”? The Division 22 standards include the three administrative rules concerning TAG services: identification, parent/student rights, and rate and level services.

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Below are excerpts from the official announcement giving the process for approving these revisions.? The title for the link to the proposed rule (Athlete Agent….) is incorrect.? The link actually leads to the proposed complaints and appeals rules.

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The proposed rules separate the procedure for Division 22 complaints from other complaints about restraint/seclusion, discrimination, and other state rules not in Division 22.?

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If you would like to comment about these changes, follow the procedure below!? Time is short.

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ODE Rules Public Hearing Information - September

The State Board of Education will hear the following administrative rule proposals as first reads on September 19, 2024 at 9am. State Board materials are posted to the State Board's online approximately one week prior to each meeting.

ODE will hold a public hearing on the proposed rules on September 17, 2024, at 3pm. The ODE Hearings Officer will conduct the September 17, 2024, public hearing by video conference. . To join by phone, dial (Toll Free): 1 669-254-5252; Meeting ID: 160 593 5586.

We welcome your comments on the proposed rules. If you would like to submit public comment on the proposed rules, you may:

• Attend a State Board of Education meeting and provide public comment. Information on board meetings and providing public comment is
• Submit your comments in writing to the ODE Rules Coordinator.
• Submit your comments to the State Board of Education.
• Contact ODE’s Rules Coordinator if you have questions about the hearing.

The State Board will vote on the proposed rules at the October 17, 2024, meeting. State Board materials are posted to the State Board's online approximately one week prior to each meeting.

New Rules & Repealing Rules: Complaint Rules

Statement of Need: Currently, the Oregon Department of Education takes on appeal complaints alleging discrimination, restraint, seclusion, retaliation, and violations of educational standards codified in OAR Chapter 581, Division 022 (Division 022 standards). The department has identified several areas where its current appeals procedures (set forth in OAR 581-002-0001 to 581-002-0023) need to improve, including that (1) the procedures are not as timely or efficient as they need to be; and (2) complaints alleging violations of Division 022 standards require different investigatory procedures and remedies than other types of complaints. With those considerations in mind, the proposed rules would enact two major changes. First, the proposed rules would require the department to immediately order corrective action after concluding an investigation as opposed to allowing the parties an opportunity to settle the matter. Importantly, the parties would still be able to settle the matter at any time before the department concludes its investigation. Second, the proposed rules create a different process for complaints alleging violations of Division 022 standards than for appeals of complaints alleging discrimination, restraint, seclusion, or retaliation.?

Even though many elements of the existing procedures would remain the same as those set forth in current OAR 581-002-0001 to 581-002-0023, the clearest way to write these proposals – given the number of changes that need to be made – is to repeal the existing rules and write new rules. The clearest way to codify the proposed rules is to create a new division within OAR Chapter 581 that is specific to complaint and appeals processes: OAR Chapter 581, Division 075…..

Margaret