KL AR(1) Public Complaint Procedure
KL AR(2) Appeal to the Deputy Superintendent of Public Instruction

Code: KL
Adopted: 8/08/17
Revised: 6/16/2020
Orig. Code(s): KL

Parents of students who attend school in the ESD or are receiving services from the ESD or persons who reside in the ESD’s service area, staff, and students are encouraged to make their concerns known to the NWRESD and to give the NWRESD an opportunity to review those concerns and respond to them. Complaints about instructional or learning materials, staff members, discipline, programs or services, alleged violation of Division 22 Standards, restraint and/or seclusion, or retaliation against a student who in good faith reported information that the student believes is evidence of a violation of state or federal law, rule or regulation, should approach the appropriate staff member or administrator and, if possible, resolve the concern at this level. 

The complainant must follow the complaint procedure as outlined in administrative regulation KL-AR(1) - Public Complaint Procedure. 

If unresolved, the person(s) may file a formal complaint with the superintendent. 

Complaints about Board policy or administrative regulations should be referred directly to the superintendent. 

Complaints against a staff member or program administrator or supervisor should be filed with the superintendent. 

Complaints against the superintendent should be referred to the Board chair on behalf of the Board. 

Complaints against the Board as a whole or against an individual Board member should be referred to the Board chair on behalf of the Board. 

Complaints against the Board chair should be made directly to the Board vice chair on behalf of the Board. 

When a complaint is made directly to the Board or to an individual Board member, it will generally be referred to the superintendent for evaluation and possible investigation. A Board member shall not attempt to consider such complaints in any official capacity acting as an individual Board member. 

The superintendent shall develop administrative regulations designed to encourage the timely resolution of public complaints while providing a system of review which will allow both the complainant and other affected parties an opportunity to be heard. (See KL-AR[(1)] – Public Complaint Procedure) 

If a complainant, who is a parent or guardian of a student attending a school operated by the ESD, a student or is a person who resides in the ESD, alleges a violation of Oregon Administrative Rule (OAR) Chapter 581, Division 22 (Division 22 Standards), Oregon Revised Statute (ORS) 339.285 - 339.303 or 

OAR 581-021-0550 to 581-021-0570 (Restraint and Seclusion), or ORS 659.852 (Retaliation), and the complaint is not resolved through the complaint process, the complainant may appeal the ESD’s final 1 decision to Deputy Superintendent of Public Instruction under OAR 581-002-0001 – 581-002-0023 (See KL-AR(2) - Appeal to the Deputy Superintendent of Public Instruction). 

Legal Reference(s):

• ORS 192.660
• ORS 334.125(7) 
• ORS 659.852
• OAR 581-002-0001 – 002-0005
• OAR 581-022-2370 
  
• Anderson v. Central Point Sch. Dist., 746 F.2d 505 (9th Cir. 1984). 
• Connick v. Myers, 461 U.S. 138 (1983).