581-075-0024 Investigation of and Final Order for Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation (1) After receiving the written response pursuant to OAR 581-075-0020, the Oregon Department of Education will conduct an investigation to determine whether the district violated a law or rule listed in OAR 581-075-0005. (2)(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 either a final order or notice of compliance. (b) A final order issued under this subsection must contain: (A) The procedural history of the appeal; (B) The facts upon which the department is basing its conclusions; (C) An explanation of the department’s conclusions; and (D) If the department determines that a violation occurred, any action that the district must take to correct the violation. (c) Notice of compliance issued under this subsection must contain: (A) A summary of the allegations made against the district; and (B) A summary of the department’s conclusions. (3) The department must issue a final order or notice of compliance under subsection (2) of this rule not later than 210 calendar days after the date on which the department gave notice that it is accepting the appeal under OAR 581-075-0015. (4) Corrective action ordered under this rule may include: (a) Reviewing and rewriting policies or written regulations; (b) Reviewing and redesigning processes and procedures; (c) Participating in specified training; (d) Receiving other technical assistance identified by the department; and (e) Any other corrective action authorized under the laws of this state. (5) The department may not award damages or attorney fees when ordering corrective action. (6)(a) Notwithstanding subsection (2) and (3) of this rule, for any appeal accepted by the department on or before the effective date of this rule, if the department determines that a violation may have occurred, the department must issue a preliminary final order containing the procedural history of the appeal, the facts upon which the department is basing its conclusions, and an explanation of the department’s conclusions. After the department issues the order described in this subsection, the complainant and the district will have an opportunity to resolve the appeal through conciliation. The time period for resolving the appeal through conciliation may not be longer than 30 days unless the complainant and the district agree in writing to a different time period. (b) The district may not have an attorney attend any meeting held in-person, by phone, online, or virtually for the purpose of conciliating unless the complainant has an attorney attend that meeting. (c) Upon request, the department will provide technical assistance to support the complainant and district during conciliation. (d) Any conciliation agreement entered into under this subsection must contain a statement identifying the parties to the agreement, a statement that the parties entering the agreement intend that the agreement will resolve the appeal, a statement or list specifying the terms to which the parties have agreed, a statement that the parties have read and agreed to the terms contained in the agreement, the signature of each party to the agreement, and a statement that the parties further agree that: (A) Upon execution of the agreement, the department will stay the appeal until the department confirms in writing that the parties have fulfilled their obligations contained in the agreement or the department has determined that a party has failed to fulfill the terms of the agreement; (B) The department will continue to have jurisdiction over the matter until the parties have fulfilled their obligations under the agreement; (C) The department may investigate either party’s compliance with the agreement to determine whether the parties have fulfilled their obligations under the agreement; (E) The department may issue a final order adopting the findings and conclusions contained in the preliminary order if the department finds, by substantial evidence, that a party having an obligation under the agreement has failed to fulfill that obligation and no good cause exists for that failure; and (F) Upon completion of all obligations contained in the agreement as confirmed by the department, the department shall issue an order closing the appeal. (e) If the complainant and the district fail to provide the department with a fully executed conciliation agreement within 30 days or other time period as agreed to by the complainant and the district, or if the department finds, by substantial evidence, that a party having an obligation under the agreement has failed to fulfill that obligation and no good cause exists for that failure, the department will issue a final order containing the procedural history of the appeal, the facts upon which the department is basing its conclusions, an explanation of the department’s conclusions, and any action that the district must take to correct the violation. (7) The Director of the Oregon Department of Education or the director’s designee may for good cause extend the time by which the department must issue an order or notice of compliance under 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