justicedao/ipfs_state_laws huggingface dataset:
581-075-0005 Scope of Discrimination, Restraint and Seclusion, and Retaliation Appeals Processes OAR 581-075-0001 to OAR 581-075-0045 apply to appeals of complaints alleging: (1) A violation of ORS 339.285 to 339.303 or OAR 581-021-0550 to 581-021-0570 (Restraint and Seclusion); (2) A violation of ORS 339.347 (Bias Incidents and Symbols of Hate Prohibited), ORS 659.850 (Discrimination Prohibited), OAR 581-021-0045 (Discrimination Prohibited), OAR 581-021-0046 (Program Compliance Standards for Purposes Related to Discrimination), or OAR 581-022-2312 (Every Student Belongs); (3) If the entity against whom the appeal is filed is a school district, education service district, or public charter school, a violation of ORS 342.700 and 342.704 (Duties Related to Sexual Harassment) or OAR 581-021-0038 (Requirements Related to Sexual Harassment); (4) If the entity is a school district or a public charter school, or an education service district that has entered into a contract with a school district for the purpose of designating and providing for the school district one or more civil rights coordinators, a violation of OAR 581-021-0655 (Duty to Designate One or More Civil Rights Coordinators) or OAR 581-021-0660 and (Duties of and Training Requirements for Civil Rights Coordinators); (5) If the entity against whom the appeal is filed is a school or program operated by a school district, education service district, or public charter school, a violation of OAR 581-021-0047 (Prohibition against Using Native American Mascots); or (6) If the entity against whom the appeal is filed is a school district, an education service district, a Youth Corrections Education Program as defined in ORS 326.695, or a program that receives moneys pursuant to ORS 343.243 (3) or (4), a violation of ORS 659.852 (Retaliation). Statutory/Other Authority: ORS 326.051, ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855 Statutes/Other Implemented: ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855 History: ODE 45-2024, adopt filed 10/23/2024, effective 10/23/2024
581-075-0015 Notice of Acceptance or Denial of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation (1) Upon receipt of a request to appeal a complaint under OAR 581-075-0010, the Oregon Department of Education will determine whether the appeal satisfies the requirements of OAR 581-075-0005 and 581-075-0010. (2) If the department determines that it must accept the appeal, the department will give written notice to the complainant and the district that the appeal has been accepted. Notice under this subsection must be issued not later than 14 calendar days after the date on which the department received the appeal. (3) If the department determines that it may not accept the appeal, the department will give written notice to the complainant that the appeal is denied. Notice under this subsection must be issued not later than 14 calendar days after the date on which the department received the appeal. (4) The Director of the Oregon Department of Education or the director’s designee may for good cause extend the time by which the department is required to issue notice under subsection (2) or (3) of this rule. Statutory/Other Authority: ORS 326.051, ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855 Statutes/Other Implemented: ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855 History: ODE 45-2024, adopt filed 10/23/2024, effective 10/23/2024
581-075-0020 District Response to Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation (1) Not later than 30 calendar days after the date on which the Oregon Department of Education gave notice that it is accepting an appeal under OAR 581-075-0015, the district must submit to the department a written response and any information that the department requested in the notice. The written response must include: (a) A statement of facts; (b) A description of any action that the district took in response to each allegation raised in the appeal, and an explanation of why the district took that action or did not take action; (c) If the district and complainant settled the complaint, evidence of that settlement; and (d) To the extent that the district is aware of the filing, a list of any complaint filed with another agency, or any action filed with an adjudicatory body, concerning the subject of the appeal. (2) The Director of the Oregon Department of Education or the director’s designee may for good cause extend the time by which the district is required to respond under subsection (1) of this rule. Statutory/Other Authority: ORS 326.051, ORS 339.303, ORS 339.347, ORS 339.700, ORS 659.850, ORS 659.852 & ORS 659.855 Statutes/Other Implemented: ORS 339.303, ORS 339.347, ORS 339.700, ORS 659.850, ORS 659.852 & ORS 659.855 History: ODE 45-2024, adopt filed 10/23/2024, effective 10/23/2024
581-075-0030 Compliance with Corrective Action for Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation (1) A district must complete any corrective action ordered by the Oregon Department of Education under OAR 581-075-0024 in a time and manner ordered by the department, unless an extension is granted by the Director of the Oregon Department of Education or the director’s designee. (2) If a district does not complete corrective action as described in subsection (1) of this rule, the department may withhold all or part of any distribution authorized under the laws of this state from the State School Fund, as determined by the Director of the Department of Education or the director’s designee. Statutory/Other Authority: ORS 326.051, ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855 Statutes/Other Implemented: ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855 History: ODE 45-2024, adopt filed 10/23/2024, effective 10/23/2024
581-075-0040 Early Resolution of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation by Taking Corrective Action (1) On any date preceding the date on which the Oregon Department of Education issues a final order or notice of compliance under OAR 581-075-0024, the complainant who filed the appeal and the district against whom the appeal is filed may jointly request the department to impose corrective action in the same manner that the department would impose corrective action under OAR 581-075-0024 if the department found that the district committed the alleged violation. (2) Upon request, the department will assist the complainant and the district in understanding what corrective action would be appropriate. (3) The department must dismiss an appeal accepted under OAR 581-075-0010 upon the fulfillment of corrective action imposed pursuant to this rule. (4) For the department to impose corrective action pursuant to this rule, the complainant and the district must waive their right to seek reconsideration or judicial review of the corrective action Statutory/Other Authority: ORS 326.051, ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855 Statutes/Other Implemented: ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855 History: ODE 45-2024, adopt filed 10/23/2024, effective 10/23/2024
581-075-0045 Early Resolution of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation through Settlement (1) On any date preceding the date on which the Oregon Department of Education issues a final order or notice of compliance under OAR 581-075-0024, the complainant who filed the appeal and the district against whom the appeal is filed may jointly request to toll the proceedings described in OAR 581-075-0001 to 581-075-0045 for the purpose of settling the appeal. (2) At any time during the tolling of proceedings under this rule, the complainant or the district may communicate to the department that they no longer wish to settle the appeal. If the complainant or the district communicates that they no longer wish to settle the appeal, the proceedings described in OAR 581-075-0001 to 581-075-0045 will commence at the point at which they began to toll. (3) Upon request, the department will assist the complainant and the district in understanding what corrective action the department would order if the department found that the district committed the alleged violation. (4) The department must dismiss an appeal accepted under OAR 581-075-0010 upon acquiring evidence that the complainant and the district have settled the appeal. Statutory/Other Authority: ORS 326.051, ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855 Statutes/Other Implemented: ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855 History: ODE 45-2024, adopt filed 10/23/2024, effective 10/23/2024
581-075-0050 Judicial Review and Reconsideration of Appeals Alleging Discrimination, Restraint and Seclusion, or Retaliation (1) Pursuant to ORS 183.484 and OAR 137-004-0080, a party may request reconsideration of a final order or notice of compliance issued by the Oregon Department of Education under OAR 581-075-0024 within 60 calendar days of service of the final order. The department and a party seeking reconsideration shall follow the procedure for reconsideration described in OAR 137-004-0080. (2) Parties may seek judicial review of a final order or notice of compliance issued by the department under ORS 183.484. Judicial review may be obtained by filing a petition for review with the Marion County Circuit Court or with the circuit court for the county where the complainant resides. The petition must be filed within 60 calendar days of service of the final order or, if a petition for reconsideration has been filed, within 60 calendar days of service of an order denying reconsideration. Statutory/Other Authority: ORS 183.484 Statutes/Other Implemented: ORS 183.484 History: ODE 45-2024, adopt filed 10/23/2024, effective 10/23/2024
581-075-0205 Appeals of Potential Violations of Division 22 Standards (1) 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 and the appeal meets the criteria set forth in this rule. (2) The appeal must be ripe. An appeal is ripe when: (a) If the district has a complaint process, the district has issued a final written decision to the complainant in accordance with the district’s complaint process or the district has failed to resolve the complaint within 90 calendar days of the initial submission of the complaint, unless the district and complainant have agreed in writing to a different time period for resolving the complaint. (b) If the district does not have a complaint process, the complainant has received any written response from the district or the district has failed to resolve the complaint within 90 calendar days of the initial submission of the complaint, unless the district and complainant have agreed in writing to a different time period for resolving the complaint. (3) The complaint on which the appeal is based must have been initially filed with the district not later than two calendar years after the date on which the alleged violation occurred or the complainant discovered the alleged violation. For purposes of this subsection, if the alleged violation is of a continuing nature, the date on which the alleged violation occurred is the most recent date on which the alleged violation occurred. (4) The appeal must be received by the department not later than one calendar year after the date on which the department could have first accepted the appeal under subsection (2) of this section. (5) The appeal must: (a) Be in writing; (b) Be submitted in person, by mail, or electronically; and (c) Contain: (A) The name of the person filing the appeal; (B) If the person filing the appeal has a phone number, address, or email address, the person’s phone number, address, or email address; (C) A statement of facts upon which the appeal is based; and (D) Any other information requested by the department. 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 History: ODE 45-2024, adopt filed 10/23/2024, effective 10/23/2024
581-075-0210 Judicial Review and Reconsideration of Orders Related to Division 22 Standards (1) Pursuant to ORS 183.484 and OAR 137-004-0080, a party may request reconsideration of a final order or notice of compliance issued by the Oregon Department of Education under OAR 581-075-0200 within 60 calendar days of service of the final order. The department and a party seeking reconsideration shall follow the procedure for reconsideration described in OAR 137-004-0080. (2) Parties may seek judicial review of a final order or notice of compliance issued by the department under ORS 183.484. Judicial review may be obtained by filing a petition for review with the Marion County Circuit Court or with the circuit court for the county where the complainant resides. The petition must be filed within 60 calendar days of service of the final order or, if a petition for reconsideration has been filed, within 60 calendar days of service of an order denying reconsideration. Statutory/Other Authority: ORS 183.484 Statutes/Other Implemented: ORS 183.484 History: ODE 45-2024, adopt filed 10/23/2024, effective 10/23/2024
582-010-0005 Statement of Policy (1) Clients of OVRS should receive community rehabilitation services from a broad range of providers of varied sizes and types, offering a wide scope of services. Availability of all types of community rehabilitation services is essential to establishing and maintaining a statewide network of vocational rehabilitation services. (2) OVRS promotes the quality of community rehabilitation services by providing standards for its direct client service providers who have no other state mandated licensing and monitoring requirements. (3) OVRS promotes the availability, relevance and quality of community rehabilitation services through a flexible yet thorough process of approval tailored to utilization needs identified locally and reflected in the State Plan. (4) The inclusion of a provider of community rehabilitation services on the OVRS list of approved vendors does not commit OVRS to utilize the available services. (5) OVRS does not provide any provider of community rehabilitation services with a guarantee of a total dollar commitment or number of total client referrals during any specific time frame except if determined as a condition of a cooperative agreement for implementing a federal grant or service contract. (6) Providers of community rehabilitation services are expected to fully inform OVRS clients of the purpose and results of all service delivery efforts made on their behalf. (7) Providers of community rehabilitation services performing job development or placement tasks should only refer OVRS clients to appropriate previously-agreed on employment opportunities. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: Reverted to VRS 2-2003, f. & cert. ef. 12-31-03 Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09 VRS 2-2003, f. & cert. ef. 12-31-03 VRD 3-1993, f. & cert. ef. 10-15-93 VRD 1-1992, f. & cert. ef. 1-30-92 VRD 2-1980, f. & ef. 7-2-80 VRD 5-1978, f. 4-20-78, ef. 5-1-78 VRD 24, f. & ef. 9-29-76 VRD 17, f. 8-28-74, ef. 9-25-74
582-010-0010 Definitions For the purposes of chapter 582, division 10 of the Oregon Administrative Rules, the following definitions apply: (1) "Accreditation" is the term signifying that a community rehabilitation program meets standards of performance set by an organization or methodology listed in these rules. (2) "Approval" is a term signifying that OVRS standards for vendor selection are met, and the vendor may be utilized by a local OVRS office to provide OVRS purchased services for individuals with disabilities. (3) "Certification" refers to the acknowledgment by OVRS that the CRP has completed required application procedures and, if applicable, met specific accreditation standards. (4) "Department of Administrative Services" (DAS) refers to the administrative unit of the State of Oregon that is responsible for setting certain standards that apply to all state vendors and whose standards may apply to OVRS vendors. (5) "Interim Approval" refers to the authority of OVRS to approve a CRP and purchase its services within a limited time period while an application for CRP vendor "Approval" or "Certification" is being processed. (6) "Rehabilitation Facility" refers to a CRP or unit of a larger organization that meets the definition for a CRP and that is operated for the primary purpose of providing vocational rehabilitation services to individuals with disabilities and that provides singularly or in combination, one or more of the services listed in OAR 582-001-0010(10). (7) "State Standards for Vendor Approval" refers to a set of criteria, applied as appropriate to the type of program and used by OVRS to evaluate a provider's operation and to determine whether the provider may be listed as an approved vendor. State Standards are in addition to any federal requirements in the Rehabilitation Act or regulations and shall for CRPs, at a minimum and as appropriate, relate to physical plant, health and safety, production, insurance, physical accessibility, organization, fiscal management, personnel, program management, client issues, program evaluation, human rights (including the safeguarding of confidential information about clients), and community relations. (8) "Statement of Assurances and Conditions" means a document executed and signed by a provider of community rehabilitation services attesting to an understanding of and intent to comply with applicable criteria in these rules and any attending policy for implementing these rules. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: Reverted to VRS 5-2004, f. & cert. ef. 8-5-04 Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09 VRS 5-2004, f. & cert. ef. 8-5-04 VRS 2-2003, f. & cert. ef. 12-31-03 VRD 3-1993, f. & cert. ef. 10-15-93 VRD 1-1992, f. & cert. ef. 1-30-92 VRD 2-1980, f. & ef. 7-2-80 VRD 5-1978, f. 4-20-78, ef. 5-1-78 VRD 17, f. 8-28-74, ef. 9-25-74
582-010-0015 Recognized Accreditation Methodologies for Providers of Community Rehabilitation Services When viewed in combination with applicable State Standards in these rules, OVRS recognizes the following accreditation options: (1) Accreditation by the Commission on Accreditation of Rehabilitation Facilities (CARF). (2) Accreditation by the Rehabilitation Services Accreditation System (RSAS). (3) Certification by Department of Human Services, Seniors and People with Disabilities for employment services under OAR 309-047-0000 through 309-047-0140, or as Support Service Brokerages or Provider Organizations under 411-340-0010 through 411-340-0180 for adults with developmental disabilities. (4) As appropriate, for an individual providing community rehabilitation services, certification by the Commission on Rehabilitation Counselor Certification (CRCC) or by the Workers' Compensation Division of the Oregon Department of Consumer and Business Services. (5) Accreditation by the Northwest Association of Schools and Colleges (NASC) if clear evidence of relationship to OAR 582-010-0025 is provided. (6) Registration or certification by the Child Care Division of the Oregon Department of Employment. (7) Accreditation by other organizations approved by OVRS demonstrating an ability to evaluate based upon State Standards in OAR 582-010-0025. (8) For providers of vocational rehabilitation services other than vocational, personal and/or work adjustment, skill training, work readiness retention, job development, or extended employment, accreditation may be by a recognized accrediting organization or methodology within the field of expertise of the provider. (9) An out-of-state CRP may be accredited by an approved organization or by current placement on the approved CRP vendor list of that state’s vocational rehabilitation agency. Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: Reverted to VRS 2-2003, f. & cert. ef. 12-31-03 Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09 VRS 2-2003, f. & cert. ef. 12-31-03 VRD 3-1993, f. & cert. ef. 10-15-93 VRD 1-1992, f. & cert. ef. 1-30-92 VRD 2-1980, f. & ef. 7-2-80 VRD 5-1978, f. 4-20-78, ef. 5-1-78 VRD 24, f. & ef. 9-29-76 VRD 17, f. 8-28-74, ef. 9-25-74
582-010-0020 Approval Policy for All Providers of Community Rehabilitation Services (1) Approval Required: No person or public or private organization shall, on behalf of OVRS, provide vocational rehabilitation services and receive vocational rehabilitation fees without first submitting all required application materials and being placed on the Approved Vendor List of OVRS. (2) At the discretion of OVRS, separate approvals may be required for separate sites and/or for different programs operated under the same management. (3) Approvals under OAR 582-010-0020 are valid for a period of two years, with the exception of Interim Approvals, which are valid for the term or condition stated. Prior to the expiration of a two-year approval, a provider of community rehabilitation services must reapply for approval. (4) OVRS may require full or partial reapplication when a CRP undergoes significant changes in its management or operation. (5) Providers of community rehabilitation services that are individuals or sole proprietors without employees/contractors who provide direct services to OVRS clients must qualify under state law as independent contractors but do not have to provide verification of accreditation. (6) A notice of approval or denial for "Approved” or “Interim Approval" status will be provided in writing to the CRP within 30 days of OVRS receipt of requirements stated in this rule. (7) It is the responsibility of the provider of community rehabilitation services to assure that the requirements of OAR 582-010-0020 are fully met at all times. (8) A provider of community rehabilitation services and any other vendor required under chapter 582 of the Oregon Administrative Rules to complete a Criminal History Check may be placed temporarily on the Approved Vendor List by the CRP Coordinator if the circumstances justify a temporary approval. The temporary approval may be terminated by OVRS at any time and shall expire automatically once DHS completes the criminal history check process. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 344.530 Statutes/Other Implemented: ORS 344.511 - 344.690 & 344.710 - 344.730 History: Reverted to VRS 5-2004, f. & cert. ef. 8-5-04 Suspended by VRS 1-2009(Temp), f. & cert. ef. 2-11-09 thru 8-9-09 VRS 5-2004, f. & cert. ef. 8-5-04 VRS 2-2003, f. & cert. ef. 12-31-03 VRD 3-1993, f. & cert. ef. 10-15-93 VRD 1-1992, f. & cert. ef. 1-30-92 VRD 2-1980, f. & ef. 7-2-80 VRD 5-1978, f. 4-20-78, ef. 5-1-78 VRD 17, f. 8-28-74, ef. 9-25-74