Code: KL
Amity School District 4J
Adopted: 6/13/90 Revised/Readopted: 5/11/16, 6/20/18, 1/15/20,8/12/20, 4/10/24
Public Complaints
Board members recognize that complaints about schools may be voiced by employees, students, parents of students who attend a school in the district, and persons who reside in the district. When such complaints are made to a Board member, the Board member shall refer the person making the complaint to the superintendent or designee. A Board member shall not attempt to respond, review, handle or resolve such complaints as the individual board member has no authority to do so.
A complaint of 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 be made to the superintendent.
A person may initiate a complaint by discussing the matter with the principal. That principal shall attempt to resolve the within 10 working days of initiation of the complaint with the principal. If the complainant is dissatisfied, the complainant may file a written complaint with the superintendent within 10 working days of the decision from the principal. The superintendent will attempt to resolve the complaint. If the complaint remains unresolved after 10 working days of receipt of the complaint by the superintendent, the complainant may appeal to the Board. A written complaint referred to the Board may be considered at the next regularly scheduled or special Board meeting. A final written decision regarding the complaint shall be made by the Board within 20 days from receipt of the complaint. The written decision of the Board will be final and will address each allegation in the complaint and reasons for the district’s decision. If the Board chooses not to hear the complaint, the superintendent’s decision is final. The Board may hold the hearing in executive session if the subject matter qualifies under Oregon law.
The timelines may be extended upon written agreement between the district and the complainant.
The district may offer mediation or another alternative dispute resolution process as an option if all parties to the complaint agree in writing to participate in such mediation or resolution.
Complaints against the principal should be filed with the superintendent. The superintendent will attempt to resolve the complaint. If the complaint remains unresolved within 10 working days of receipt by the superintendent, the complainant may request to place the complaint on the Board agenda at the next regularly scheduled or special Board meeting. The Board may use executive session if the subject matter qualifies under Oregon law. The Board shall decide, in open session what action, if any, is warranted. A final written decision regarding the complaint shall be issued by the Board within 30 days of the receipt of the complaint on a Board meeting agenda. The written decision of the Board will address each allegation in the complaint and reasons for the district’s decision.
Complaints against the superintendent should be referred to the Board chair on behalf of the Board. The Board chair 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 may use executive session if the subject matter qualifies under Oregon law. The Board shall decide, in open session what action, if any, is warranted. A final written decision regarding the complaint shall be issued by the Board within 30 days of receipt of the complaint. The written decision of the Board will address each allegation in the complaint and reasons for the district’s decision.
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. The Board chair 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. A final written decision regarding the complaint shall be issued by the Board within 30 days. The written decision of the Board will address each allegation in the complaint and reasons for the district’s decision.
Complaints against the Board chair should be made directly to the district counsel on behalf of the Board. The district counsel 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, within 20 days, in open session what action, if any, is warranted. A final written decision regarding the complaint shall be issued by the Board within 30 days of the receipt of the complaint. The written decision of the Board will address each allegation in the complaint and reasons for the district’s decision.
A complainant must file a complaint within the later of either time limit set below, in accordance with State law:
- Within two years after the alleged violation or unlawful incident occurred or the complainant discovered the alleged violation or unlawful incident. For incidents that are continuing in nature, the time limitation must run from the date of the most recent incident; or
- Within one year after the affected student has graduated from, moved away from or otherwise left the district.
The district’s final decision for a complaint processed under this Board policy that alleges a violation of Oregon Administrative Rule (OAR) Chapter 581, Division 22 (Division 22 Standards), ORS 339.285 to 339.303 or OAR 581-021-0550 to 581-021-0570 (Restraint and Seclusion), or ORS 659.852 (Retaliation), will be issued in writing or electronic form. The final decision will address each allegation in the complaint and contain reasons for the district’s decision. If the complainant is a student, parent or guardian of a student attending school in the district or a person that resides in the district, and the complaint through the complaint process above, the complainant may file an appeala to the Deputy Superintendent of Public Instruction under OAR 581-002-0001 – 581-002-0023 (See KL-AR(2) - Appeal to the Deputy Superintendent of Public Instruction).
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).
a An appeal must meet the criteria found in OAR 581-002-0005(1)(a).