Oregon Administrative Rules
Chapter 581 - OREGON DEPARTMENT OF EDUCATION
Division 14 - STUDENT INVESTMENT ACCOUNT
Section 581-014-0010 - Reduction of Distribution Appeal Process

Universal Citation: OR Admin Rules 581-014-0010

Current through Register Vol. 63, No. 9, September 1, 2024

(1) When an audit determination has been made that reduces a grantee allocation or distribution, the grantee may request the State Board of Education review the decision of the Department within 30 days of notification of the decision by the Department.

(2) An audit determination must be based on information that grant moneys received in a prior year were not used as provided by the grant agreement.

(3) The State Board of Education delegates to the Superintendent of Public Instruction or designee all administrative functions necessary or reasonable in order to conduct a review of the SIA distribution reduction. This delegation to the Superintendent includes, but is not limited to:

(a) Determining the form, contents and timelines of the petition for review;

(b) Determining the records required for review and ordering the production of those records from the grantee and establishing timelines for the production of those records;

(c) Requiring the grantee to respond to written or oral inquiries related to board review; and

(d) Determining at any time during the review process to reject a review request if in the judgment of the Superintendent, the recipient fails to reasonably comply with the administrative review processes of the Superintendent.

(4) The Superintendent may review the decision only to determine whether:

(a) The grantee should have funds deducted from a future grant disbursement.

(b) The reasons for the withholding from a future disbursement are valid and align with the intent of section 14 of the Student Success Act.

(5) Following a review described in subsection (2), the State Board of Education may:

(a) Uphold the decision of the department to withhold funds from the disbursement;

(b) Remand the decision back to the department for reconsideration;

(c) Require the grantee to undergo other technical assistance or interventions as specified in section 15 prior to a reduction of a future disbursement; or

(d) Reverse the decision of the department to withhold funds from a future disbursement.

(6) At the conclusion of the administrative review process the Superintendent shall recommend in writing to the State Board to:

(a) Uphold the decision of the department to withhold funds from the disbursement;

(b) Remand the decision back to the department for reconsideration;

(c) Require the grantee to undergo other technical assistance or interventions as specified in section 15 prior to a reduction of a future disbursement; or

(d) Reverse the decision of the department to withhold funds from a future disbursement.

(7) The State Board will consider the recommendation of the Superintendent and any other information it deems relevant and determine based on the requirements of Section 15 of the Student Success Act.

Statutory/Other Authority: ORS 327.201

Statutes/Other Implemented: ORS 327.201

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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