KL: Public Complaints
KL-AR(1): Public Complaint Procedure
KL-AR(2): Appeal to the Deputy Superintendent of Public Instruction
Code: KL
Adopted: 12/10/08
Revised/Readopted: 1/12/11; 9/09/15; 1/13/16; 4/13/16; 6/13/18
Orig. Code(s): KL
The district will develop and implement effective means of receiving concerns voiced by students, parents and the public. The purpose of receiving concerns is to reduce potential areas of complaints and to establish and maintain recognized channels of communication and accountability.
A “complaint” is a concern or problem presented with the district. Certain types of complaints, such as complaints regarding, but not limited to, discrimination are treated with specific policies that outline the process for resolution.
Complaints will be referred through the proper administrative process for resolving complaints as outlined in administrative regulation KL-AR - Public Complaint Procedure, for a solution before investigation or action by the board. Exceptions are complaints against the superintendent or complaints that involve board actions or board operations.
Any complaint about school personnel other than the superintendent will be investigated by the administration before consideration and action by the board. The board will not hear charges against employees in a session open to the public unless an employee requests an open session.
A complaint of retaliation against a student or a student’s parent who in good faith reported information that the student believes is evidence of a violation of state and federal law, rule or regulation, should be reported to the administrator.
Complaints against the principal may start at step 3 may be filed with the superintendent.
Complaints against the superintendent may start at step 4 and 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 may start at step 4 and should be made to the board chair on behalf of the board.
Complaints against the board chair may start at step 4 and may be made directly to the board vice chair on behalf of the board.
While speakers may offer objective criticism of operations and programs, the board will not hear personal complaints concerning district personnel nor against any person connected with the school system. To do so could expose the board to a charge of being party to slander and would prejudice any necessity to act as the final review of administrative recommendations regarding the matter. The board chair will direct the visitor to the appropriate means for board consideration and disposition of legitimate complaints involving individuals.
If your complaint addressed one or more of the issues identified below, you may use the complaint process available in any of the following policies and administrative regulations (AR):
- Discrimination or harassment on any basis protected by law: board policy AC, AC-AR;
- Board-Staff communications: board policy BG;
- Equal Employment Opportunity: board policy GBA;
- Staff complaints: board policy GBM;
- Sexual harassment (staff): board policy GBN, GBN-AR;
- Sexual harassment (student): board policy JBA, JBA-AR;
- Hazing, harassment, intimidation, bullying, menacing or cyberbullying: board policy GBNA, GBNA-AR;
- Instructional resources or instructional materials: board policy IIA, IIA-AR;
- Library material selection: board policy IIAC;
- Hazing, harassment, intimidation, bullying, menacing, cyberbullying, teen dating violence or domestic violence: board policy JFCF, JFCF-AR;
- Sexual conduct with a student: board policy JHFF, JHFF-AR;
- Compliance with state standards: board policy KL, KL-AR(1) and KL-AR(2).
The superintendent will develop and administer the complaint process.
If any complaint alleges a violation of Oregon Administrative Rule (OAR) Chapter 581, Division 22 (Standards), Oregon Revised Statute (ORS) 339.285 to 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, who is a student, a parent or guardian of a student attending a school in the district or a person who resides in the district, may appeal rights with the Deputy Superintendent of Public Instruction as outlined in Oregon Administrative Rule (OAR) 581-002-0040 (See KL-AR(2) Appeal to the Deputy Superintendent of Public Instruction).
If the complaint alleges discrimination pursuant to ORS 659.850 (Discrimination) and the complaint is not resolved at the local level through administrative regulation AC-AR - Discrimination Complaint Procedure, the complaint may meet the criteria to file an appeal with the Superintendent of Public Instruction as outlined in OAR 581-021-0049.
END OF POLICY
Legal Reference(s):
ORS 192.610 to -192.690
ORS 659.852
OAR 581-022-2370
ORS 332.107
Anderson v. Central Point Sch. Dist., 746 F.2d 505 (9th Cir. 1984).
Connick v. Myers, 461 U.S. 138 (1983).
Cross Reference(s):
GBNAA/JFCFA - Cyberbullying
JFCFA/GBNAA - Cyberbullying
IIA - Instructional Resources/Instructional Materials
