in the matter ofbrookings-harborsd ) corrected1 findings ... · in the matter ofbrookings-harborsd...

BEFORE THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION In the Matter of Brookings-Harbor SD ) CORRECTED1 FINDINGS OF 17C ) FACT, CONCLUSIONS, ) AND FINAL ORDER Case No. 17-054-014 I. BACKGROUND: On May 26, 2017, the Oregon Department of Education (Department) received a written request for a Special Education complaint investigation from a complainant (Complainant) on behalf of students with disabilities (Students) receiving services from the Brookings-Harbor School District No. 17C (District). The Complaint contained allegations of violations of the Individuals with Disabilities Education Act (IDEA). The Complainant requested that the Department conduct a Special Education investigation under OAR 581-015-2030. The Department confirmed receipt of this Complaint and forwarded the request to the District by email on May 26, 2017. Under state and federal law, the Department must investigate written complaints that allege violations of the Individuals with Disabilities Education Act (IDEA) and issue an order within sixty days of receipt of the complaint. This timeline may be extended if the Complainant and the District agree to the extension to engage in mediation or local resolution of the complaint; or for extenuating circumstances. A complaint must allege violations that occurred not more than one year before the date the complaint was received by the Department.2 Based on the date the Department received the complaint, the relevant period for this Complaint is May 27, 2016 through May 26, 2017. Due to the large number of documents to be reviewed, and the number of staff to interview, this Complaint was extended for 14 days. The Final Order is due August 8, 2017. On May 30, 2017, the Department's Complaint Investigator sent a Request for Response (RFR) to the District identifying the specific allegations in the Complaint to be investigated and establishing a Response due date of June 13, 2017. When the Department granted the extension, the due date for the District's Response was established as June 30, 2017. On June 30, 2017, the District submitted a packet of materials for the Department's investigator to review. In total, the Districtsubmitted copies of Special Education files for twenty-nine Students. These files totaled 6400 pages. Most of the Student's Special 1The Department issued a final order on August 8, 2017. Subsequent to the issuance, the Department discovered three errors within the order. There were two references to items that had been deleted during the editing process, one on page 12, fifth full paragraph, and one on page 16, fact 5.1. There was also a fact that was not numbered, which is now fact 4.3. 2 OAR 581-015-2030 (5) Corrected Final Order # 17-054-014

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Page 1: In the Matter ofBrookings-HarborSD ) CORRECTED1 FINDINGS ... · In the Matter ofBrookings-HarborSD ) CORRECTED1 FINDINGS OF 17C ) FACT, CONCLUSIONS,) AND FINAL ORDER Case No. 17-054-014

BEFORE THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION

In the Matter ofBrookings-Harbor SD ) CORRECTED1 FINDINGS OF17C ) FACT, CONCLUSIONS,

) AND FINAL ORDERCase No. 17-054-014

I. BACKGROUND:

On May 26, 2017, the Oregon Department of Education (Department) received a writtenrequest for a Special Education complaint investigation from a complainant(Complainant) on behalf of students with disabilities (Students) receiving services fromthe Brookings-Harbor School District No. 17C (District). The Complaint containedallegations of violations of the Individuals with Disabilities Education Act (IDEA). TheComplainant requested that the Department conduct a Special Education investigationunder OAR 581-015-2030. The Department confirmed receipt of this Complaint andforwarded the request to the District by email on May 26, 2017.

Under state and federal law, the Department must investigate written complaints thatallege violations of the Individuals with Disabilities Education Act (IDEA) and issue anorder within sixty days of receipt of the complaint. This timeline may be extended if theComplainant and the District agree to the extension to engage in mediation or localresolution of the complaint; or for extenuating circumstances. A complaint must allegeviolations that occurred not more than one year before the date the complaint wasreceived by the Department.2 Based on the date the Department received thecomplaint, the relevant period for this Complaint is May 27, 2016 through May 26, 2017.Due to the large number of documents to be reviewed, and the number of staff tointerview, this Complaint was extended for 14 days. The Final Order is due August 8,2017.

On May 30, 2017, the Department's Complaint Investigator sent a Request forResponse (RFR) to the District identifying the specific allegations in the Complaint to beinvestigated and establishing a Response due date of June 13, 2017. When theDepartment granted the extension, the due date for the District's Response wasestablished as June 30, 2017.

On June 30, 2017, the District submitted a packet of materials for the Department'sinvestigator to review. In total, the Districtsubmitted copies of Special Education files fortwenty-nine Students. These files totaled 6400 pages. Most of the Student's Special

1The Department issued a final order onAugust 8, 2017. Subsequent to the issuance, the Department discoveredthree errors within the order. There were two references to items that had been deleted during the editing process,one on page 12, fifth full paragraph, and one on page 16, fact 5.1. There was also a fact that was not numbered,which is now fact 4.3.

2OAR 581-015-2030 (5)

Corrected Final Order # 17-054-014