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Public Complaints
Public Complaint Policy
Legal Reference(s):
ORS 192.660 ORS 339.303 OAR 581-021-0570
Anderson v. Central Point Sch. Dist., 746 F.2d 505 (9th Cir. 1984).
Connick v. Myers, 461 U.S. 138 (1983).
Parents, staff members, students, and members of the public are encouraged to make their complaints known to the public charter school and to afford the public charter school an opportunity to review those concerns and respond to them. Complainants with complaints about instructional or learning materials, staff members, discipline, alleged violation of applicable state standards or academic content standards, or retaliation against a student who in good faith reported information that the student believes is evidence of violation of state or federal law, rule or regulation, should approach the involved employee and, if possible, resolve the complaint at this level.
An individual or organization may petition the public charter school with complaints that the public charter school is violating or has violated provisions of restraint or seclusion in Oregon Revised Statute (ORS) 339.285 - 339.303 or Oregon Administrative Rule (OAR) 581-021-0550 - 581-021-0570 (Restraint or Seclusion).
The complainant must follow the complaint procedure as outlined in LCMCS Board Policy - Public Complaint Procedure. Complaints about Board policy or administrative regulations should be referred directly to the executive director. 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 (See – Public Complaint Procedure).
When a complaint is made directly to the Board or to an individual Board member, it should be referred to Public Complaint Procedure as appropriate. A Board member shall not attempt to consider such complaints in any official capacity acting as an individual Board member.
The executive director shall develop administrative regulations designed to encourage the timely resolution of complaints while providing a system of review that will allow both the complainant and other affected parties an opportunity to be heard.
If the complaint alleges discrimination pursuant to ORS 659.850, OAR 581-021-0045, OAR 581-021-0046, or OAR 581-021-0047 (Discrimination), the complainant is encouraged to utilize the complaint process in AC-AR – Discrimination Complaint Procedure.
The Executive Director: Step One
A complainant may file a complaint with the Executive Director clearly stating the nature of the complaint and a suggested remedy. A form is available but is not required. The Executive Director shall investigate the complaint, confer with the complainant and the parties involved, prepare a report of his or her findings and conclusion, and provide a report in writing or in an electronic form to the complainant within 10 working days of receipt of the written complaint.
The Board: Step Two
If the complainant is dissatisfied with the Executive Director’s findings and conclusion, the complainant may appeal the decision to the Board within five working days of receiving the Executive Director’s decision. The Board will review the findings and conclusion of the Executive Director in a public meeting to determine what action is appropriate. The Board may use executive session if the subject matter qualifies under Oregon law. Appropriate action may include, but is not limited to, holding a hearing, requesting additional information, and adopting the Executive Director’s decision as the public charter school board’s decision. All parties involved may be asked to attend such hearing for the purposes of making further explanations and clarifying the issues.
The complainant shall be informed of the Board’s decision within 30 days of the receipt of the appeal to the Board. The Board’s decision will address each allegation in the complaint and contain reasons for the Board’s decision. The Board’s decision will be final. If the Board chooses not to hear the complaint, the Executive Director’s decision is final.findings and conclusion, and provide a report in writing or in an electronic form to the complainant within 10 working days of receipt of the written complaint.
The complaint procedure will not be longer than 90 days from the filing date of the original complaint with the Executive Director. The timelines may be extended upon written agreement between the public charter school and the complainant.
Complaints against the Executive Director should be referred to the Board President on behalf of the Board. The Board President shall present the complaint to the Board in a Board meeting. If the Board decides an investigation is warranted, the Board may refer the investigation to a third party. When the investigation is complete, the results will be presented to the Board. The Board shall decide in open session what action, if any, is warranted. The Board may use executive session if the subject matter qualifies under Oregon law. The written final decision of the Board regarding the complaint shall be issued by the Board within 30 days of receipt of the complaint.
Complaints against the Board as a whole or against an individual Board member should be made to the Board chair on behalf of the Board. The Board President shall present the complaint to the Board in a Board meeting. If the Board decides an investigation is warranted, the Board may refer the investigation to a third party. When the investigation is complete, the results will be presented to the Board. The Board shall decide in open session what action if any, is warranted. The written final decision of the Board regarding the complaint shall be issued by the Board within 30 days of receipt of the complaint.
Complaints against the Board President should be referred directly to the Board secretary on behalf of the Board. The Board secretary shall present the complaint to the Board in a Board meeting. If the Board decides an investigation is warranted, the Board may refer the investigation to a third party. When the investigation is complete the results will be presented to the Board. The Board shall decide in open session what action, if any, is warranted. The written decision of the Board regarding the complaint shall be issued by the Board within [30] days of receipt of the complaint. The timelines may be extended upon written agreement between the public charter school and the complainant.
Appeal Process
A final decision reached by the public charter school board for a complaint that alleges a violation of ORS 339.285 - 339.303 or OAR 581-021-0550 - OAR 581-021-0570 (Restraint or Seclusion), ORS 659.852 (Retaliation), or applicable OAR Chapter 581, Division 22 (Division 22 Standards), is recognized as the final decision regarding this complaint by the Board of Gresham-Barlow School District. A final decision may be appealed to the Oregon Department of Education under OAR 581-002-0003 - 581-002-0005.
General Information
Confidentiality will be maintained. The educational assignments or study environment of the student shall not be adversely affected as a result of the good faith reporting of sexual harassment or any ongoing investigations.
Complaint Made Directly to Board Members: When a complaint about a student or employee is made initially to a Board member or to the Board of Directors as a whole, the complaint process shall be explained to the person and the complainant will be asked to follow the complaint procedure described above.
A parent or guardian of a student attending the public charter school, a staff member, a student or any member of the public who wishes to express a concern should discuss the matter with the public charter school employee involved. If the concern remains unresolved, a complaint may be filed.
An individual or organization that alleges the public charter school is violating or has violated provisions of restraint or seclusion in Oregon Revised Statute (ORS) 339.285 - 339.303 or Oregon Administrative Rule (OAR) 581-021-0550 - 581-021-0570 (Restraint or Seclusion) is encouraged to initiate Step One of this complaint procedure and file a complaint with the administrator.