Marcola School District 79J
Revised/Readopted: 12/09/19; 2/10/20; 7/10/2023
Persons who reside in the district, parents of students who attend school in the district, staff and students are encouraged to make their concerns or complaints known to the district and to give the district an opportunity to review those concerns and respond to them. Complaints about instructional or learning materials, staff members, discipline, 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 principal and, if possible, resolve the complaint at this level.
The complainant must follow the complaint procedure as outlined in administrative regulation KL/GBM-AR - Complaint Procedure.
Complaints about Board policy or administrative regulations should be referred directly to the superintendent.
Complaints against the principal 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 referred 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.
If a complaint is not resolved in any step of the complaint process, the complainant may request that it be moved on to the next step in accordance with the established procedure.
If the person(s) having a complaint fails to resolve the concern with the principal or the superintendent, the person may request that the matter be referred to the Board. If the Board deems it advisable, it may provide for a hearing of the complaint at an official meeting of the Board.
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.
If a complainant, who is a parent or guardian of a student who attends school in the district, is a student or a person who resides in the district, alleges a violation of Oregon Administrative Rules, Chapter 581, Division 22 (Standards), Oregon Revised Statute (ORS) 339.285 - 339.303 or OAR 581-021-0550 - 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(1) the district's final decision to the Deputy Superintendent of Public Instruction under OAR 581-002-0001 - 581-002-0023.
Charter Schools of which the District Board is a Sponsor
The district Board, through its charter agreement with TEACH NorthWest through this policy, will not review an appeal of a decision reached by the Board of TEACH NorthWest of public charter school on a complaint alleging a violation of ORS 339.285 - 339.303 or OAR 581-021-0550 - 581-021-0570 (Restraint or Seclusion), ORS 659.852 (Retaliation), or applicable OAR Chapter 581, Division 22 (Division 22 Standards), for which the district Board has jurisdiction, and recognizes a decision reached by the Board of TEACH NorthWest as the district Board’s final decision. A final decision reached by this district Board may be appealed to the Oregon Department of Education under OAR 581-002-0001 - 581-002-0023.
(1) An appeal must meet the criteria found in OAR 581-002-0005(1)(a).
END OF POLICY
Legal Reference(s): ORS 192.660 ORS 332.107 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). Cross Reference(s): IIA - Instructional Resources/Instructional Materials