OAR Chapter 581 — Oregon Department of Education

Division 1 PROCEDURAL RULES

Or. Admin. R. 581-001-0000 Notice of Proposed Rule

(1) Before permanently adopting, amending or repealing any rule, the State Board of Education shall give notice of the proposed adoption, amendment or repeal:

(a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule to be adopted;

(b) By mailing or e-mailing, at least 28 days before the effective date of the rule, a copy of the notice to persons on the State Board of Education's mailing list established pursuant to ORS 183.335(8);

(c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective day of the rule;

(d) By mailing or e-mailing a copy of the notice to the following persons, organizations or publications:

(A) Associated Press;

(B) Oregon Education Investment Board;

(D) Community Colleges and Workforce Development Department;

(E) Teacher Standards and Practices Commission;

(F) Early Learning Council;

(G) School districts, education service districts and public charter schools;

(H) Confederation of Oregon School Administrators;

(I) Oregon Community College Association;

(J) Oregon Education Association;

(K) Oregon Federation of Teachers;

(L) Oregon School Boards Association;

(M) Oregon School Employees Association;

(N) Oregon Association of Education Service Districts;

(O) Chalkboard Project;

(P) Stand for Children;

(Q) Disability Rights Oregon;

(R) Other established educational, student and parent organizations that have submitted mailing or e-mailing addresses; and

(S) Capitol Press Room

(3) Persons who wish to be placed on the State Board of Education's mailing or e-mailing list may request in writing or by e-mailing that the Department of Education send to the person copies of its notice of proposed rulemaking.

(4) The Department may update the mailing and e-mailing lists described in this rule annually by requesting persons to confirm that they wish to remain on the lists. If a person does not respond to a request for confirmation within 28 days of the date the Department sends the request, the Department will remove the person from the mailing and e-mailing lists. Any person removed from the mailing or e-mailing lists will be returned to the mailing or e-mailing list upon request, provided that the person provides a mailing address or e-mailing address to which notice may be sent.

(5) Prior to any adoption, amendment or repeal of a rule (including policies and procedures) related to the implementation of the Individuals with Disabilities Education Act (IDEA) the Department shall:

(a) Provide notice to the mailing and e-mailing groups maintained under this rule at least 30 days prior to the effective date of the rule;

(b) Provide any notice necessary to ensure that persons and institutions affected by the rule have a reasonable opportunity to provide public comments;

(c) Conduct a public hearing on the rule and provide notice of the public hearing at least 30 days prior to the date of the hearing; and

(d) Review and consider all public comments received during the public hearing or during the public comment period.

History

Statutory/Other Authority: ORS 183.335 & 183.341(4)
Statutes/Other Implemented: ORS 183.335
ODE 9-2012, f. 3-30-12, cert. ef. 4-2-12
EB 11-1994, f. & cert. ef. 10-3-94
1EB 15-1984, f. & cert. ef. 9-27-84
1EB 8-1980, f. & cert. ef. 4-17-80, Renumbered from 581-061-0040
1EB 206, f. 12-5-75, cert. ef. 12-26-75

Or. Admin. R. 581-001-0002 Authorization for Employee to Appear on Behalf of Agency in Certain Hearings

(1) Subject to the approval of the Attorney General, an officer or employee of the Department of Education is authorized to appear on behalf of the agency in the following types of hearings conducted by this agency or the Office of Administrative Hearings:

(a) Appeals under ORS 326.603 and OAR 581-021-0510 and 581-021-0511 relating to an applicant’s employment or eligibility to contract with a school district based on the results of a criminal background check; and.

(b) Appeals under ORS 820.110 and OAR 581-053-0060 relating to school buses and actions taken by the Department against a certificate or permit holder. These may include suspensions, revocations or refusals of certificates or permits.

(2) The Department representative may not make legal argument on behalf of the agency.

(a) “Legal argument” includes arguments on:

(A) The jurisdiction of the agency to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and

(b) “Legal argument” does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on:

(A) The application of the statutes or rules to the facts in the contested case;

(B) Comparison of prior actions of the agency in handling similar situations;

(D) The admissibility of evidence; and

(E) The correctness of procedures being followed in the contested case hearing.

History

Statutory/Other Authority: ORS 183.452
Statutes/Other Implemented: ORS 183.452
ODE 11-2024, minor correction filed 03/15/2024, effective 03/15/2024
ODE 25-2016, f. & cert. ef. 4-7-16
EB 1-1995, f. & cert. ef. 1-24-95

Or. Admin. R. 581-001-0005 Model Rules of Procedure

Pursuant to the provisions of ORS 183.341, the State Board of Education adopts the Attorney General's Model Rules of Procedure under the Administrative Procedure Act in effect on January 1, 2012, except for special education due process hearings authorized under ORS 343.165, special education complaint investigations under 343.041(3), and rulemaking relating to the implementation of Individuals with Disabilities Act, which shall be heard in accordance with rules of the State Board of Education implementing the federal law, Individuals with Disabilities Education Act, in effect as of January 1. 2012

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Department of Education.]

History

Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS 183.341
ODE 10-2012, f. 3-30-12, cert. ef. 4-2-12
ODE 6-2011, f. & cert. ef. 4-22-11
ODE 4-2007, f. & cert. ef. 2-21-07
ODE 2-2006(Temp), f. & cert. ef. 2-14-06 thru 8-1-06
EB 2-1995, f. & cert. ef. 1-24-95
1EB 22-1986, f. & cert. ef. 7-14-86
1EB 2-1984, f. 2-17-84, cert. ef. 5-8-84
1EB 11-1982, f. & cert. ef. 3-24-82
1EB 20-1981(Temp), f. 12-29-81, cert. ef. 12-31-81
1EB 7-1980, f. & cert. ef. 4-17-80
1EB 14-1978, f. & cert. ef. 4-3-78
1EB 222, f. 3-22-76, cert. ef. 4-1-76, Renumbered from 581-061-0035
1EB 160, f. 11-2-73, cert. ef. 11-25-73
1EB 125, f. 11-4-71, cert. ef. 11-15-71
1EB 2, f. & cert. ef. 12-22-58

Or. Admin. R. 581-001-0016 Deputy Superintendent of Public Instruction

Except as otherwise designated or limited by the Governor pursuant to ORS 326.300:

(1) References to the “Superintendent of Public Instruction” in rules, policies or in motions adopted by the State Board of Education shall be considered references to the Superintendent of Public Instruction and the Deputy Superintendent of Public Instruction.

(2) The Deputy Superintendent shall perform any act or duty which the State Board of Education has designated by rule, policy or vote to the Superintendent of Public Instruction.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.300 & 326.310
ODE 1-2013, f. & cert. ef. 1-15-13
ODE 24-2012(Temp), f. 9-13-12, cert. ef. 9-17-12 thru 3-15-13

Or. Admin. R. 581-001-0053 Parking Rules (OSSD)

(1) There shall be no charge to employees of the Oregon State Schools for the Deaf for parking automobiles at the school or for using bicycle racks provided by the Department.

(2) The Department may issue parking permits to other employees who wish to park at the school. The parking rate for such permits will be one-half of the O rider permits issued for the Pringle site rounded to the nearest half dollar.

(3) The Department provides parking for official business only, unless other arrangements are expressly made for employees (during working hours), visitors, commercial service, and state-owned vehicles. Persons who fail to comply with this rule shall forfeit their parking privileges, and be subject to the enforcement provisions specified in OAR 581-023-0052(12). The Department may provide the following types of additional parking:

(a) Specially marked or designated free parking for the temporary use of individuals with handicaps visiting state offices. Vehicles occupying such spaces shall bear the appropriate identifying plate or decal sticker issued by the Motor Vehicles Division;

(b) Time-limited free spaces for use by persons transacting business in state offices. No state employee shall abuse this class of parking;

(4) Provisions for safety and enforcement set forth in OAR 581-001-0052(11) and (12) shall apply as well to parking facilities at the Oregon State School for the Deaf.

(5) Effective date of these amendments shall be September 1, 1988.

History

Statutory/Other Authority: ORS 98, 276 & 591
Statutes/Other Implemented: ORS 276.591 & 276.595
ODE 12-2009, f. & cert. ef. 12-10-09
EB 33-1988, f. 8-3-88, cert. ef. 9-1-88
1EB 13-1986, f. 4-25-86, ef. 4-28-86
1EB 8-1982, f. & ef. 3-24-82
1EB 19-1981(Temp), f. & ef. 12-23-81

Or. Admin. R. 581-001-0100 Audit and Other Financial Appeals

(1)(a) This rule establishes the process to be used by the Department of Education for addressing the overpayment or underpayment of State School Funds from a closed year to a school district, education service district, public charter school or other program based on information received by the department in an audit or other report. A year is closed on the June 30 that is two years after the fiscal year began. For example, the fiscal year beginning July 1, 2008 is closed on June 30, 2010.

(b) The department may also use the process established by this rule for addressing the overpayment or underpayment of other state funds to a school district, education service district, public charter school or other program based on information received by the department in an audit or other report.

(c) Other reports received by the department that may be the basis to determine that an overpayment or underpayment has been made include but are not limited to information provided by a district, school or program or information from a department investigation.

(d) The department will only seek to recover payments or will pay an amount under this rule if the department received the audit or report that the overpayment or underpayment is based upon within five years of the date that the year was closed. For example, for the fiscal year beginning July 1, 2008, the department will only seek to recover or make payments based on audits or reports involving that fiscal year that were received by the department on or before June 30, 2015.

(e) The department will not seek to recover and will not pay amounts under this rule of $750 or less.

(2) The department shall determine whether there has been an overpayment or underpayment of funds upon receipt of an audit or other report and whether the department will seek an adjustment of funds based on the audit or report. The department shall consider the following when making its determination:

(a) Applicable statutes, rules and policies;

(b) Information from the audit or report and any recommendations made in the audit or report;

(c) Any other relevant information received by the department relating to the overpayment or underpayment of funds. This may include information from an investigation conducted by the department; and

(d) Prior determinations of the department on overpayment or underpayments of funds that involved the same statutes, rules or policies or similar facts.

(3)(a) The department shall notify in writing the school district, education service district, public charter school or program of, at a minimum, the following:

(A) The department’s determination including the amount of the overpayment or underpayment;

(B) The basis for the determination; and

(b) The department shall include a copy of this rule with the notification.

(4) The school district, education service district, public charter school or program may appeal the determination made under section (3) of this rule to the department. The appeal must be received by the department within 60 calendar days of the date of the notice and must:

(a) Be in writing;

(b) State the reasons for the appeal; and

(5) Within 60 calendar days of receiving the appeal, the department shall notify in writing the school district, education service district, public charter school or program of the department’s decision regarding the appeal.

(6) If the school district, education service district, public charter school or program does not appeal the determination; or if the department renders a decision on an appeal that there has been an overpayment or underpayment of funds, the department shall notify in writing the school district, education service district, public charter school or program of:

(a) The amount of the overpayment or underpayment;

(b) The time period for correcting the overpayment or underpayment; and

(7) The department shall establish the time period for correcting any overpayment using the “Repayment Calculator” established by the School Finance Unit of the department. The department shall make the Repayment Calculator available upon request.

(8) The methods for paying or collecting the funds may include, but are not limited to:

(a) Invoices for payment.

(b) Transferring funds.

(c) In the case of State School Fund payments, adjusting subsequent payments from the State School Fund to the school district, education service district or program.

(d) In the case of other state funds, adjusting subsequent payments from those funds to the school district, education service district, public charter school or program.

(9) The school district, education service district, public charter school or program may appeal the determination of the repayment period or method of payment made under section (5) of this rule to the department. The appeal must be received by the department within 60 calendar days of the date of the notice and must:

(a) Be in writing;

(b) Establish through auditable, verifiable data that the repayment period or method of payment established in section (6) of this rule creates extreme financial hardship;

(d) Be signed by the superintendent or other official with authority to make the appeal.

(10) The school district, education service district, public charter school or program may propose in the appeal an alternative time period for repayment of the funds.

(11) Within 60 calendar days of receiving the appeal, the department shall notify in writing the school district, education service district, public charter school or program of the department’s decision regarding the appeal. The department shall consider the following when making its determination of the time period for repayment of funds:

(a) Applicable statutes, rules and policies;

(b) Information from the audit or report and any recommendations made in the audit or report regarding the repayment period or method of payment;

(d) The financial situation of the school district, education service district, public charter school or program; and

(e) Prior determinations of the department on overpayment or underpayments of funds that involved the same statutes, rules or policies or similar facts and were made following the process prescribed by this rule.

(12) After the time period for the appeal has expired under section (11) of this rule or after the department has notified the school district, education service district, public charter school or program of the department’s decision regarding the appeal, the department shall proceed to pay or collect the funds.

(13) A school district, education service district, public charter school or program may request in writing at the same time as when the district, school or program files an appeal under section (4) or (9) of this rule:

(a) A public meeting with the department. If the department grants the meeting, the department will follow statutes and rules that apply to public meetings.

(b) A mediation with the department relating to the issues that are the subject of the appeal. If the department agrees to the mediation, the mediation will be conducted by a mediator approved by the department and the department will not pay more than half the cost of the mediation.

(14)(a) The Superintendent of Public Instruction delegates to the department the authority to make corrections to distribution from the State School Fund for any year that is closed based on ORS 327.120 and the process established by this rule.

(b) The superintendent shall specify which department staff has the authority to make the determinations required by this rule. The determinations required in this rule may only be made by the superintendent or deputy superintendent.

(15) This rule first applies to the overpayment or underpayment of state funds based on information received by the department in an audit or other report on or after January 1, 2009.

History

Statutory/Other Authority: ORS 326.051 & 327.125
Statutes/Other Implemented: ORS 326.111 & 327.006 -327.133
ODE 29-2008, f. 12-16-08, cert. ef. 12-19-08
Reverted to 1EB 9-1982, f. & ef. 3-24-82
ODE 14-2007(Temp), f. & cert. ef. 7-6-07 thru 1-2-08
1EB 9-1982, f. & ef. 3-24-82

Or. Admin. R. 581-001-0105 Establishing Fees for Public Records

(1) The Oregon Department of Education may charge a fee of twenty-five (25) cents per page for supplying copies of public records on request.

(2) The Department may charge an additional fee reasonably calculated to provide reimbursement for costs incurred in locating, compiling, editing or otherwise processing such records to make them available for inspection, and for costs incurred in locating, compiling, editing or otherwise processing such records to make them available for inspection, and for costs of conveying such records to the requester. Employee time required for such purposes shall be billed at a rate not to exceed cost of employee time to the Department.

(3) No additional fee will be charged for providing records in an alternative format to individuals with vision or hearing impairments when required by the Americans with Disabilities Act.

(4) A Deputy Superintendent may reduce or waive fees when:

(a) The time spent making the records available was negligible; or

(b) Supplying the requested records is within the normal scope of Department activity; or

History

Statutory/Other Authority: ORS 326.325
Statutes/Other Implemented: ORS 192.440
EB 13-1994, f. & cert. ef. 10-3-94
1EB 16-1985, f. & ef. 7-3-85

Or. Admin. R. 581-001-0110 Mediation Confidentiality

Pursuant to ORS 36.224 and OAR 137-005-0050, the Oregon Department of Education adopts by reference OAR 137-005-0052 Mediation Confidentiality as promulgated by the Attorney general effective as of November 13, 2018.

History

Statutory/Other Authority: ORS 36.224
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232
ODE 148-2019, amend filed 10/24/2019, effective 10/24/2019
ODE 7-2001, f. & cert. ef. 1-29-01

Or. Admin. R. 581-001-0111 Audit and Other Financial Appeals

(1)(a) This rule establishes the process to be used by the Department of Education to address the overpayment or underpayment of State School Fund monies related to changes in federal law under 16 U.S.C. 7112(f).

(b) This rule applies only to school years 2017-18, 2018-19, and 2019-20. For purposes of this rule, a year is considered closed on June 30 in the year two years after the fiscal year began. For example, the fiscal year beginning July 1, 2018, is closed on June 30, 2020.

(d) The department will only seek to recover payments or will pay an amount under this rule if the department received the audit or report that the overpayment or underpayment is based upon within seven years of the date that the year was closed. For example, for the fiscal year beginning July 1, 2018, the department will only seek to recover or make payments based on audits or reports involving that fiscal year that were received by the department on or before June 30, 2026.

(e) The department will not seek to recover and will not pay amounts under this rule of $750 or less.

(2) The department shall determine whether there has been an overpayment or underpayment of funds upon receipt of an audit or other report, and whether the department will seek an adjustment of funds based on the audit or report. The department shall consider the following when making its determination:

(a) Applicable statutes, rules and policies;

(b) Information from the audit or report and any recommendations made in the audit or report;

(c) Any other relevant information received by the department relating to the overpayment or underpayment of funds. This may include information from an investigation conducted by the department; and

(d) Prior determinations of the department on overpayment or underpayments of funds that involved the same statutes, rules or policies or similar facts.

(3)(a) The department shall notify in writing the school district or education service district, at a minimum, of the following:

(A) The department’s determination including the amount of the overpayment or underpayment;

(B) The basis for the determination; and

(b) The department shall include a copy of this rule with the notification.

(4) The school district or education service district may appeal the determination made under section (3) of this rule to the department. The appeal must be received by the department within 60 calendar days of the date of the notice and must:

(a) Be in writing;

(b) State the reasons for the appeal; and

(5) Within 60 calendar days of receiving the appeal, the department shall notify in writing the school district or education service district of the department’s decision regarding the appeal.

(6) If the school district or education service district does not appeal the determination; or if the department renders a decision on an appeal that there has been an overpayment or underpayment of funds, the department shall notify in writing the school district or education service district of:

(a) The amount of the overpayment or underpayment;

(b) The time period for correcting the overpayment or underpayment; and

(8) The methods for paying or collecting the funds may include, but are not limited to:

(a) Invoices for payment.

(b) Transferring funds.

(c) In the case of State School Fund payments, adjusting subsequent payments from the State School Fund to the school district, education service district or program.

(d) In the case of other state funds, adjusting subsequent payments from those funds to the school district or education service district.

(9) The school district or education service district may appeal the determination of the repayment period or method of payment made under section (7) of this rule to the department. The appeal must be received by the department within 60 calendar days of the date of the notice and must:

(a) Be in writing;

(b) Establish through auditable, verifiable data that the repayment period or method of payment established in section (6) of this rule creates extreme financial hardship;

(d) Be signed by the superintendent or other official with authority to make the appeal.

(10) The school district or education service district may propose in the appeal an alternative time period for repayment of the funds.

(11) Within 60 calendar days of receiving the appeal, the department shall notify in writing the school district or education service district of the department’s decision regarding the appeal. The department shall consider the following when making its determination of the time period for repayment of funds:

(a) Applicable statutes, rules and policies;

(b) Information from the audit or report and any recommendations made in the audit or report regarding the repayment period or method of payment;

(d) The financial situation of the school district or education service district; and

(12) After the time period for the appeal has expired under section (11) of this rule or after the department has notified the school district or education service district of the department’s decision regarding the appeal, the department shall proceed to pay or collect the funds.

(13) A school district or education service district may request in writing at the same time as when the district files an appeal under section (4) or (9) of this rule:

(a) A public meeting with the department. If the department grants the meeting, the department will follow statutes and rules that apply to public meetings.

(15) This rule first applies to the overpayment or underpayment of state funds based on information received by the department in an audit or other report on or after January 1, 2017.

(16) This rule expires on, and shall not have effect after, June 30, 2026.

History

Statutory/Other Authority: ORS 326.051 & ORS 327.125
Statutes/Other Implemented: ORS 326.111 & ORS 327.006 - ORS 327.133
ODE 25-2025, adopt filed 05/19/2025, effective 05/19/2025

Or. Admin. R. 581-001-0115 Confidentiality of Workplace Mediations

Pursuant to ORS 36.224 and OAR 137-005-0050, the Oregon Department of Education adopts by reference OAR 137-005-0055 Confidentiality of Workplace Mediations as promulgated by the Attorney general effective as of November 13, 2018.

History

Statutory/Other Authority: ORS 36.224
Statutes/Other Implemented: ORS 36.230(4)
ODE 148-2019, amend filed 10/24/2019, effective 10/24/2019
ODE 7-2001, f. & cert. ef. 1-29-01

Or. Admin. R. 581-001-0125 Administration of Intergovernmental Agreements

(1) For purposes of the rule:

(a) "Agreement to Agree" (ATA) is a written agreement between the Department and a public entity that contains contractual provisions, which can be used in certain future Intergovernmental Agreements between the parties through either incorporation by reference or attachment. Examples of an Agreement to Agree include, but are not limited to:

(A) A non-binding Price Agreement between the Department and a public entity under which the Department may issue purchase orders that create a binding agreement; and

(B) A document of understanding between the Department and a public entity, which identifies potential tasks or services the Department may request the public entity to perform, but are not specifically identified until the Department issues a purchase order or work order that creates a binding agreement.

(b) "Department" means the Oregon Department of Education.

(d) "Local services" are those delivered within the boundaries of a school district, education service district, or community college district. Current examples include early intervention/early childhood, education of children in hospital programs, and educating children in long-term care or treatment programs.

(e) "Non-direct services" are all other services provided by school districts, education service districts, and community college districts that are not direct services.

(f) "Non-geographic services" are those delivered across more than one region but not across the entire state. Current examples include TESA and Early Intervention/Early Childhood Special Education.

(g) "Regional services" are those delivered within the four zones Education Service Districts they have established as the communications network. Current examples include educating children with disabilities in regional programs.

(h) "Request for Proposals" (RFP) is a solicitation document issued by the Department calling for proposals on specific activities.

(i) "Request for Qualifications" (RFQ) is a solicitation document issued by the Department to develop a list of pre-qualified service providers. Entities that successfully demonstrate they meet the qualifications will enter into Agreements to Agree.

(j) "Statewide services" are those delivered around the entire state. Current examples include administering Student Leadership Centers and the Oregon Public Education Network (OPEN).

(2) By March 31 of each odd-numbered year, the Department will issue Requests for Qualifications for educational services mandated by federal statue or by state legislative direction. These RFQs will be issued to education service districts, school districts, and community college districts in specific areas of the state depending on whether the services to be provided are considered Local, Regional, Non-geographic, or Statewide.

(3) The Department will enter into Agreements to Agree with all entities that have submitted responses to Requests for Qualification that meet the criteria established for specific services.

(4) Not later than 30 days of the end of the legislative session, the Department will issue Requests for Proposals for services likely to be funded by the Oregon Legislative Assembly or the federal government in the upcoming biennium. These RFPs will be issued to entities that have entered into an Agreement to Agree with the Department.

(5) The specific criteria for each RFP will be developed by Department staff having expertise in the content area. Selection criteria will be included in the RFP.

(6) Responses to Requests for Proposals will be evaluated by a team of Department staff having expertise in the content area and expertise in the technical aspects of procurement. The team will score each proposal and retain all documentation of the process for future review.

(7) Following evaluation of proposals, the Department will award an intergovernmental agreement to the successful proposer.

(8) If the Department and the selected ESD/SD are unable to reach an agreement, the Department reserves the right to open the process for broader competition including non-governmental entities. All proposing entities will be required to comply with state and federal requirements.

(9) Any organization submitting a proposal has the right to protest the Department's decision in the manner and on the timeline indicated in each RFP. To resolve protests, the Department will follow the procedures outlined in OAR 137-030-0104(4) and (6).

(10) If unanticipated circumstances arise that are detrimental to the fulfillment of a contract's provisions, the Department reserves the right to choose a provider and negotiate an intergovernmental agreement outside of the process outlined above. Such situations may include, but are not limited to, unexpected termination of an agreement by the current provider or termination of an agreement by the Department where children's health or safety is at risk. Determination of whether such a situation exists will be determined by a Department Deputy Superintendent.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 33-2004, f. & cert. ef. 10-15-04

Division 2 ACCOUNTABILITY REPORTING ADVISORY COMMITTEE

Or. Admin. R. 581-002-0025 Test Development

(1) Definitions. As used in this rule:

(a) “Assessment item” means test items, stimuli, graphics, reading passages, writing prompts, answer keys, and scoring rubrics developed for use on an Oregon Statewide Assessment.

(b) “Oregon statewide assessment” means:

(A) The English Language Proficiency Assessment (ELPA);

(B) The Oregon Assessment of Knowledge and Skills (OAKS) in:

(i) Reading/Literature;

(ii) Mathematics;

(iii) Science;

(iv) Social Sciences which may include history, geography, economics and civics;

(v) Writing Performance; and

(i) Reading/Literature;

(ii) Mathematics;

(iii) Science;

(iv) Writing Performance.

(2) ODE shall provide translated OAKS assessments as practicable for languages which are the language of origin for at least 9 percent of Oregon’s student population for grades K–12 within 3 years after the school year in which the language first exceeds the 9 percent threshold.

(3) ODE shall maintain advisory groups to advise ODE on the development of assessment items and policies relating to the Oregon statewide assessment system. These advisory groups shall include Oregon educators and other persons. At a minimum, ODE shall maintain the following advisory groups:

(a) A National Technical Assessment Committee consisting of state and national experts to provide recommendations regarding:

(A) Test design for the Oregon statewide assessments;

(B) Best practices in assessment and accountability;

(D) Federal compliance with assessment and accountability laws, rules, and regulations.

(b) A separate Content and Assessment Panel for each Oregon statewide assessment. Each Content and Assessment Panel consists of educators and other persons from throughout the state and provides recommendations regarding:

(A) The quality, appropriateness, and accuracy of assessment items; and

(B) The alignment of assessment items to the academic content standards adopted by the State Board of Education.

(c) A Sensitivity Panel consisting of educators and other persons representing diverse perspectives from throughout the state to:

(A) Develop sensitivity criteria to ensure that assessment items are free of bias and stereotyping and are accessible to all Oregon students; and

(B) Review OAKS and ELPA assessment items for compliance with the sensitivity criteria developed under Section 3(e)(A) of this rule.

History

Statutory/Other Authority: 329.075 & ORS 326.051
Statutes/Other Implemented: ORS 329.045, 329.075 & 329.485
ODE 44-2018, renumbered from 581-022-0620, filed 12/11/2018, effective 12/11/2018
ODE 5-2010, f. & cert. ef. 3-18-10

Or. Admin. R. 581-002-0035 Temporary rule language in effect until 10/16/2026. Waivers

The Director of the Department of Education may grant waivers as follows:

(1)(a) Waiver of a specific standard: To address an immediate concern or need, a school district may petition the Director for a waiver of a specific standard. A petition shall specify the reason(s) the district is seeking the waiver and other relevant information. If it is determined that the request conforms with the intent of the standards, the Director shall recommend the waiver to the State Board. Waivers under this provision may be granted for up to one year.

(b) Waiver of Required Instructional Time: Notwithstanding section (1)(a) of this rule, the State Board of Education may not grant waivers for the instructional time requirement set forth in OAR 581-022-2320, except in the case of declared national or state disaster or public health emergency.

(2) Educational Flexibility Partnership Demonstration Act (Ed-Flex) Waiver:

(a) This federal Act allows school districts to request a waiver of statutory or regulatory requirements under the following federal programs or Acts:

(A) Elementary and Secondary Education Act (ESEA) Title I, Helping Disadvantaged Children Meet High Standards;

(B) ESEA Title II, Teacher Quality;

(D) ESEA Title V, Innovative Education Program Strategies;

(E) ESEA Title VII, Part C — Emergency Immigrant Education;

(F) Carl D. Perkins Vocational and Applied Technology Education Act.

(b) The application must demonstrate that the school district, if the waiver is granted, will still meet the underlying purposes of the federal statutory requirements. The request of an Ed-Flex Waiver must be made on the appropriate application form available from the Department of Education. Waivers under this provision may be granted for periods not to exceed five years.

(3) ADM Report Waivers:

(a) “ADM” means average daily membership as defined in ORS 327.006(3).

(b) If a state of emergency is declared pursuant to ORS 401.165 et. seq., and all public schools are closed by order of the Governor, the Director may waive a report of ADM that is otherwise required under ORS 327.133.

History

Statutory/Other Authority: ORS 326.051 & ORS 327.133
Statutes/Other Implemented: ORS 326.051, ORS 329.077, ORS 329.555 & ORS 327.133
ODE 13-2026, temporary amend filed 04/17/2026, effective 04/20/2026 through 10/16/2026
ODE 10-2024, temporary amend filed 02/16/2024, effective 02/16/2024 through 08/13/2024
ODE 31-2020, amend filed 06/24/2020, effective 06/24/2020
ODE 19-2020, temporary amend filed 04/23/2020, effective 04/23/2020 through 10/19/2020
ODE 44-2018, renumbered from 581-022-1920, filed 12/11/2018, effective 12/11/2018
Reverted to ODE 25-2008, f. & cert. ef. 9-26-08
ODE 2-2017(Temp), f. & cert. ef. 2-1-17 thru 7-24-17
ODE 25-2008, f. & cert. ef. 9-26-08
ODE 11-2002, f. & cert. ef. 4-12-02
EB 2-1997, f. & cert. ef. 3-27-97

Or. Admin. R. 581-002-0090 Accountability Reporting Advisory Committee

(1) The Superintendent of Public Instruction shall appoint a committee, called the Accountability Reporting Advisory Committee (ARAC), consisting of at least eight members of the educational community. No more than one voting member of the ARAC may be employed by the Oregon Department of Education. The Superintendent shall appoint a chairperson and vice chairperson.

(2) The ARAC will have the following responsibilities:

(a) Recommend to the Oregon Department of Education policies, procedures and methodologies regarding:

(A) School and district report cards;

(B) Cohort graduation rate;

(D) Business rules for accountability reporting;

(E) Measurement of student growth; and

(F) Other measures for holding schools and districts accountable for student success.

(b) Make recommendations to the Oregon Department of Education on appeals from districts regarding accountability data where the data have not been publicly released in final form and:

(A) The school or district submitted incorrect data or failed to submit data due to unique events that could not be predicted and/or controlled by the school or district; or

(B) The data issue could not otherwise be remedied by correcting data used in a school or district report during the validation window available for each data collection.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 15-2017, f. & cert. ef. 7-5-17
ODE 2-2013, f. & cert. ef. 1-15-13

Or. Admin. R. 581-002-0100 Federal Programs Appeals Process

(1) The appeal procedures required by this rule apply to appeals of Department of Education “the Department” decisions affecting local education agencies participating in the following federal programs:

(a) Title I, Part A of the Elementary and Secondary Education Act;

(b) Title I, Part C of the Elementary and Secondary Education Act;

(d) Title II, Part A of the Elementary and Secondary Education Act;

(e) Title III, Part A of the Elementary and Secondary Education Act;

(f) Title IV, Part A of the Elementary and Secondary Education Act;

(g) Title IV, Part B of the Elementary and Secondary Education Act;

(h) Title V, Part B of the Elementary and Secondary Education Act;

(i) McKinney-Vento Homeless Education;

(j) Stronger Connections Grant authorized under the Bipartisan Safer Communities Act; and

(k) American Rescue Plan-Homeless Children Youth Programs I and II.

(2) A local education agency subject to these rules may appeal the following:

(a) The disapproval, in whole or in part, of a new application for participation or an application for renewed participation;

(b) A failure to approve a new application for participation or an application for renewed participation;

(d) The failure to provide funds in amounts that accord with the requirements of specific laws and regulations;

(e) An order, in accordance with a final State audit resolution determination, to repay misspent or misapplied Federal funds; and

(f) The termination of further assistance.

(3) The Department shall notify the local education agency (Appellant) in writing of the grounds upon which the Department based its action identified in subsection (2) of this rule. The notice must also state the procedures for requesting an appeal of the action. Notice means a letter sent by certified mail, return receipt (or the equivalent private delivery service) or by email, that describes an action or taken by the Department. The notice is considered to be received by the Appellant when it is delivered, or sent by email. If the notice is undeliverable, it is considered to be received by the Appellant five days after being sent to the Appellant’s last known mailing address, facsimile number, or email address.

(4) A request for appeal of an action identified in subsection (2) of this rule must be in writing and must be made by the Appellant affected by such action. The Department must receive the request for appeal no later than 30 calendar days from the date the Appellant received the notice of Department action. The request for appeal must allege in pleadings, affidavits, and supporting documents that the Department violated State or Federal law, rules, regulations, or guidelines governing the federal title program. The Department shall deny any request for appeal that fails to:

(a) State the nature of the Appellant’s interest;

(b) Assert the facts showing how the Appellant is adversely affected or aggrieved by the Department’s action; and

(c) Allege that the Department violated State or Federal law, rules, regulations, or guidelines governing the federal program.

(5) For appeals under sections 2(a) and 2(b) of this rule, a hearing on the record will be conducted by an impartial panel designated by the Oregon Department of Education. The impartial panel will conduct the hearing entirely on the basis of documentation submitted unless:

(a) The impartial panel determines, after reviewing all appropriate submissions, that an evidentiary hearing is needed to resolve a material factual issue in dispute.

(b) The impartial panel determines, after reviewing all appropriate submissions, that oral argument is needed to clarify the issues in the case.

(c) At the party’s request––if after consultation with the parties—the impartial panel determines that an evidentiary hearing or an oral argument is needed.

(d) The procedures described in section (3) of this rule do not apply to the review conducted by the impartial panel under this section.

(6) Appeals under sections 2(c), 2(d), 2(e), and 2(f) of this rule shall be conducted as a contested case hearing under ORS 183.411 to 183.471 and the Attorney General’s Model Rules of Procedure under the Administrative Procedure Act in effect on January 1, 2012. The hearing shall be conducted by and under the control of the Administrative Law Judge of the Office of Administrative Hearings that is assigned to the case and must be held within 30 days of the date of receipt by the Department of the request for appeal. The Administrative Law Judge may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious, or immaterial matter.

(a) The Appellant bears the burden of proof to show that the Department’s action identified in subsection (1) of this rule constitutes a violation of State or Federal law, rules, regulations, or guidelines governing the Federal Education Program.

(b) Evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible. Irrelevant, immaterial or unduly repetitious evidence shall be excluded.

(c) As soon as practicable after the hearing, but in no case later than five calendar days after the hearing, the Administrative Law Judge shall prepare a proposed order and serve the proposed order on the Department and the Appellant.

(d) No later than ten calendar days after the hearing, the Department shall either adopt the proposed order or prepare a new final order.

History

Statutory/Other Authority: 20 USC 1231b-2 & 34 CFR 76.401
Statutes/Other Implemented: 20 USC 1231b-2
ODE 6-2024, adopt filed 02/16/2024, effective 02/16/2024

Or. Admin. R. 581-002-0150 Elementary and Secondary Education Act (ESEA) Equitable Services Complaint Process

(1) The complaint procedures required by this rule apply to complaints filed with the Oregon Department of Education (ODE) against final decisions of Oregon local education agencies by private schools participating in equitable services under any of the following federal programs:

(a) Title I, Part A of the Elementary and Secondary Education Act;

(b) Title I, Part C of the Elementary and Secondary Education Act;

(d) Title III, Part A of the Elementary and Secondary Education Act;

(e) Title IV, Part A of the Elementary and Secondary Education Act;

(f) Title IV, Part B of the Elementary and Secondary Education Act;

(g) Title IV, Part F of the Elementary and Secondary Education Act; and

(h) Stronger Connections Grant authorized under the Bipartisan Safer Communities Act.

(2) Private school officials have the right to file a complaint with the ODE if they feel the local education agency did not:

(a) Engage in timely and meaningful consultation;

(b) Give consideration to the views of the private school; and/or

(3) The complaint process shall be as follows:

(a) The local educational agency and the private school shall discuss the matter during the process of ESEA equitable service consultation.

(b) Either the local educational agency or private school shall ask the ODE’s ESEA Private School Ombuds for help in settling the dispute at the local level.

(c) The local educational agency shall provide the private school with their final decision in writing. If the local educational agency is in disagreement with the private school, they shall include an explanation of their reasons in the final written decision.

(d) If in disagreement with the local educational agency’s final decision, the private school may file a formal written complaint with the ODE. The ODE shall resolve the formal written complaint within 45 days of receiving the complaint. Formal written complaints shall include:

(A) A statement that the local education agency has violated a requirement of the Elementary and Secondary Education Act statute or regulations regarding equitable participation;

(B) The facts on which the statement is based, including any evidence such as meeting minutes, forms, communications, etc.;

(C) The specific Elementary and Secondary Education Act statutory or regulatory requirement(s) allegedly violated, which could be:

(i) Consultation was not meaningful and timely;

(ii) The private school’s views were not given due consideration; and/or

(iii) Private school students were not treated equitably to public school students; and

(D) The signature of the complainant.

(e) The ODE shall conduct a review of the complaint. If necessary, ODE may conduct an on-site review and request additional documentation. Within 45 days of receiving the complaint, the ODE shall issue a resolution to the complaint in writing. The resolution shall include:

(A) A description of applicable Elementary and Secondary Education Act statutory and regulatory requirements;

(B) A description of the procedural history of the complaint;

(C) Findings of fact supported by citation, including page numbers, to supporting documents under paragraph (viii) of this section;

(D) Analysis and conclusions regarding the requirements;

(E) Corrective actions, if applicable;

(F) A statement of applicable appeal rights;

(G) A statement regarding the ODE's determination about whether the ODE will provide services; and

(H) All documents the ODE relied on in reaching its decision, paginated consecutively.

(4) The local education agency shall disseminate, free of charge, adequate information about these complaint procedures to appropriate private school officials or representatives.

History

Statutory/Other Authority: Elementary and Secondary Education Act (ESEA) Sections 1117(b)(6)(A) & Elementary and Secondary Education Act (ESEA) Sections 8501(c)(6)(A)
Statutes/Other Implemented: 34 CFR 299.13 - 299.17
ODE 23-2025, adopt filed 05/16/2025, effective 05/16/2025

Or. Admin. R. 581-002-0200 Class Size Collection

(1) As used in this rule:

(a) “Class” means a setting in which organized instruction of academic course content is provided to one or more students (including cross-age groupings) for a given period of time. A course may be offered to more than one class. Class instruction, provided by one or more teachers or other staff members, may be delivered in person or via a different medium.

(b) “Regular assignment of a teacher” means a teacher who consistently teaches a group of students in an elementary self-contained classroom or group(s) of students in a secondary classroom in academic subject area(s) over a given period of time.

(2) Beginning with the 2014–2015 school year, the Department of Education shall require public education programs to submit information as required by ORS 329.901 and this rule for the following categories of classes as identified based on the grade levels of the school:

(a) Elementary schools (any combination of grades Kindergarten through 8): Homeroom (Self-Contained)

(b) Secondary schools (any combination of grades 6 through 12) by academic subject area:

(A) Language Arts (including Reading, Writing, and Literature);

(B) Mathematics;

(D) Social Science (Civics, History, Government, Economics, Geography);

(E) World Language and Literature; and

(F) Fine and Performing Arts.

(3) The Department shall utilize existing institution, staff and student data collections to collect the information required by ORS 329.901 and this rule.

(4) The Department shall provide a technical manual to public education programs that will be used to determine class size.

History

Statutory/Other Authority: ORS 329.901
Statutes/Other Implemented: ORS 329.901
ODE 26-2026, minor correction filed 05/29/2026, effective 05/29/2026
ODE 15-2022, amend filed 03/24/2022, effective 03/24/2022
ODE 37-2014, f. & cert. ef. 6-27-14

Or. Admin. R. 581-002-1800 Dyslexia-Related Training: Definitions

The following definitions apply to OAR 581-002-1805 and 581-002-1810:

(1) “Dyslexia” means a specific learning disability that is neurobiological in origin. It is characterized by difficulties with accurate or fluent word recognition, or both, and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

(2) “Explicit” means direct, face-to-face teaching that involves teacher explanation, demonstration, and the provision of ongoing corrective feedback.

(3) “Evidence-based” means instructional practices with a proven record of success based on reliable, trustworthy, and valid evidence that when the practices are implemented with fidelity, students can be expected to make adequate gains in reading achievement.

(4) “Kindergarten through grade five school” means any public school that enrolls students in kindergarten or grade one including, but not limited to, kindergarten through grade eight schools, kindergarten through grade 12 schools, and primary schools serving students in kindergarten through grade two.

(5) “Professional educator” means any licensed or registered, or certified person who is authorized to: (a) engage in an instructional program including teaching, counseling, school psychology, administering, and supervising; or (b) engage in speech language pathology.

(6) “Systematic” means a carefully planned sequence of instruction with lessons that build on previously taught information, from simple to complex.

History

Statutory/Other Authority: ORS 326.726
Statutes/Other Implemented: ORS 326.726
ODE 31-2018, amend filed 10/19/2018, effective 10/21/2018
ODE 16-2018, temporary amend filed 05/29/2018, effective 05/30/2018 through 11/25/2018
ODE 1-2018, amend filed 01/26/2018, effective 01/27/2018
ODE 1-2017, f. & cert. ef. 2-1-17

Or. Admin. R. 581-002-1805 Annual List of Dyslexia-Related Training Opportunities

(1) The Oregon Department of Education shall annually develop a list of training opportunities related to dyslexia.

(2) To be included on the list of approved training opportunities, the training must:

(a) Comply with the knowledge and practice standards of an international organization on dyslexia:

(A) The Department shall review knowledge and practice standards from known international organizations on dyslexia annually; and

(B) In the event that more than one set of international standards exist, the Department will review, with stakeholder involvement, all standards to ensure the selection of standards that reflect current evidence-based practices related to dyslexia.

(b) Include content in one or more of the following areas:

(A) Understanding and recognizing dyslexia;

(B) Using evidence-based practices to systematically and explicitly teach the foundational skills in reading; and

(3) The Oregon Department of Education will independently review potential training opportunities and annually post a Request for Information for dyslexia-related training opportunities to solicit information from interested vendors.

(a) The Department will review training opportunities on a rolling basis, beginning as early as January 1 of each year and concluding by June 15 of that calendar year.

(b) The Department will post a Request for Information no later than February 1st of each year. The Request for Information will remain posted through March 15th of that calendar year.

(c) The Department will consult with the Teachers Standards and Practices Commission to ensure the approved training opportunities also satisfy professional development requirements for teachers.

(d) The final list of approved training opportunities will be posted no later than June 15th of each year.

(e) Once a training opportunity has been approved by the Department and placed on the list of training opportunities, to remain on the list the Vendor must submit on an annual basis a request for renewal on a form to be provided by the Department.

History

Statutory/Other Authority: ORS 326.726
Statutes/Other Implemented: ORS 326.726
ODE 1-2018, amend filed 01/26/2018, effective 01/27/2018
ODE 1-2017, f. & cert. ef. 2-1-17

Or. Admin. R. 581-002-1807 Dyslexia-Related Training Grants

(1) For each biennium that the Legislature appropriates money to the Department for the purpose of offsetting costs incurred by school districts for requirements around dyslexia, the Department will administer grants to eligible school districts and eligible public charter schools.

(2) The Oregon Department of Education shall allocate the Dyslexia-Related Training Grants based on the following criteria:

(a) Eligible recipients are school districts that are required to comply with the teacher training requirements in OAR 581-022-2440 and public charter schools that enroll students in kindergarten through grade five.

(b) Each biennium the Department will determine the amount of money to be awarded to each eligible recipient by dividing the total funds available for that biennium by the number of kindergarten through grade five schools in school districts that are required to comply with OAR 581-022-2440 and participating public charter schools.

(3) Dyslexia-Related Training Grants shall be separately accounted for and used only for the purpose of meeting the teacher training requirements in OAR 581-022-2440.

(4) Recipients of Dyslexia-Related Training Grant funds must report on the grant to the Oregon Department of Education on a form to be provided by the Department.

History

Statutory/Other Authority: 342.950
Statutes/Other Implemented: 342.950
ODE 13-2018, adopt filed 04/27/2018, effective 04/27/2018

Or. Admin. R. 581-002-1810 Waiver from Teacher Training Requirements

(1) A school district may petition the Superintendent of Public Instruction or their designee for a waiver from the teacher training requirement of ORS 581-022-2440. The written petition must specify the reason(s) the district is seeking the waiver and any other relevant information. If it is determined that the request is reasonable, the Superintendent of Public Instruction shall grant the waiver.

(2) The Superintendent of Public Instruction or their designee, upon receipt of a waiver petition, will review the petition and may grant the waiver when:

(a) The designated teacher is unable to complete the training within the required time period;

(b) The trained teacher leaves his or her position in the school and the district is not able to designate and train a replacement by the beginning of the next school year;

(c) A district serving from 1 to 499 students only includes one or two elementary schools with only one K-5 teacher per grade level or less at each school and the district receives services from an Education Service District or multi-district consortium professional educator who has completed the required training;

(3) Waivers under subsections (2)(a) and (b) may be granted for up to one year. Waivers under subsection (2)(c) would remain in effect as long as the circumstances continue and as long as the district continues to receive services from the Education Service District or multi-district consortium professional educator who has completed the required training.

History

Statutory/Other Authority: ORS 326.726
Statutes/Other Implemented: ORS 326.726
ODE 31-2018, amend filed 10/19/2018, effective 10/21/2018
ODE 1-2018, amend filed 01/26/2018, effective 01/27/2018
ODE 1-2017, f. & cert. ef. 2-1-17

Or. Admin. R. 581-002-1815 Universal Screening for Risk Factors of Dyslexia: Definitions

The following definitions apply to OAR 581-002-1815 through 581-002-1825: “Developmental history” means information obtained in writing or through interviews with parents and other knowledgeable individuals that includes the following: the child’s meeting of developmental milestones related to speech and language; family and environmental factors; home and educational performance, and the display of characteristics of any additional learning or behavioral problems.

History

Statutory/Other Authority: ORS 326.726
Statutes/Other Implemented: ORS 326.726
ODE 56-2022, adopt filed 12/19/2022, effective 12/19/2022
ODE 40-2022, temporary adopt filed 07/05/2022, effective 07/05/2022 through 12/31/2022

Or. Admin. R. 581-002-1820 List of Approved Universal Screeners for Risk Factors of Dyslexia

(1) The Oregon Department of Education shall develop a list of approved tests for universal screening for risk factors of dyslexia.

(2) To be included on the list of approved tests, the screener must:

(a) Have strong predictive validity, classification accuracy, and norm-referenced scoring;

(b) Include measures of all of the following areas at least once per year in kindergarten:

(A) Phonological awareness;

(B) Letter-sound correspondences; and

(A) Phonological awareness;

(B) Letter-sound correspondences;

(D) Word or pseudo word reading fluency; and

(E) Oral reading fluency.

(d) Include options for progress monitoring measures; and

(e) Be cost effective.

(3) The Oregon Department of Education shall annually review and update the list.

History

Statutory/Other Authority: ORS 326.726
Statutes/Other Implemented: ORS 326.726
ODE 56-2022, adopt filed 12/19/2022, effective 12/19/2022
ODE 40-2022, temporary adopt filed 07/05/2022, effective 07/05/2022 through 12/31/2022

Or. Admin. R. 581-002-1825 Waiver for Universal Screening of Risk Factors of Dyslexia in a Student's Native Language Other Than English

(1) A school district may petition the Superintendent of Public Instruction or their designee for a waiver to allow the district to administer a screening for risk factors of dyslexia in a student’s native language other than English using a screening test that is not included on the Department’s approved list.

(2) The Superintendent of Public Instruction or their designee, upon receipt of a waiver petition, will review the petition and may grant the waiver when:

(a) Districts select measures that:

(A) Assess each of the areas referenced in 581-002-1820 (2)(b) that has predictability for reading difficulty in that language in kindergarten;

(B) Assess each of the areas referenced in 581-002-1820 (2)(c) that has predictability for reading difficulty in that language in first grade;

(D) May be administered at multiple times across the school year.

(b) The district includes an explanation of the process that will be used to develop benchmark goals for the measures.

(3) Waivers would remain in effect as long as the district continues to universally screen for risk factors of dyslexia in a student’s native language other than English.

History

Statutory/Other Authority: ORS 326.726
Statutes/Other Implemented: ORS 326.726
ODE 31-2018, adopt filed 10/19/2018, effective 10/21/2018

Division 3 EDUCATION ACCOUNTABILITY

Or. Admin. R. 581-003-0001 Definitions for the Education Accountability Act

The following definitions apply to OAR 581-014-0001 to 581-014-9999 & OAR 581-003-0001 to 581-003-0060:

(1) “Academic Growth” means the change in a student’s performance over time as measured by interim assessments in Language Arts and Mathematics.

(2) “Combined Focal Group Students” means students reported to the Oregon Department of Education through standard data collections in any of the following student groups:

(a) Economically Disadvantaged Students;

(b) Students Recently Arrived;

(d) Students from Racial or Ethnic Groups that Have Historically Experienced Academic Disparities;

(e) Students who are Pregnant, Parenting, and/or Students who Experience any Pregnancy-related Condition;

(f) Students with Disabilities;

(g) Foster Students;

(h) Students who are Homeless;

(i) Migratory Students; and

(j) Emerging bilingual students.

(3) "Common Metrics” means the following student performance metrics:

(a) On-time graduation rate;

(b) Five-year completion rate;

(d) Eighth-grade mathematics proficiency rate;

(e) Third-grade English Language proficiency rate;

(f) Regular attendance rate; and

(g) Regular early-grade attendance rate.

(4) “Career and Workforce Readiness” means the composite total of CTE Participants and CTE Concentrators.

(5) “Differentiated Metrics” means the metrics included in the Performance Growth Targets for institutions receiving state school funds that are serving students in nontraditional settings, including:

(a) An Education Service District that has enrolled students in any grade from kindergarten through grade 12 for specialized services;

(b) An approved recovery school;

(d) The Juvenile Detention Education Program;

(e) The Oregon School for the Deaf; and

(f) Eligible day treatment programs and eligible residential treatment programs for education services to children who are in treatment programs as described in ORS 343.961.

(6) “Disaggregated” means separated based on student group

(7) “Economically Disadvantaged Students” means students who meet one or more of the following qualifications:

(a) Are participating in Supplemental Nutrition Assistance Program funded by the United States Department of Agriculture;

(b) Are participating in the Temporary Assistance for Needy Families program as defined in Title IV of the Social Security Act;

(d) Are migratory students; or

(e) Are students who are homeless.

(8) “Education Service District that has enrolled students in any grade from kindergarten through grade 12 for specialized services” means an Education Service District-operated program or school providing core instruction and supports for students whose needs cannot be met within their resident district. These programs include, but are not limited to, care programs for medically fragile students, life skills programs, functional living skills programs, social-emotional programs, autism-specific programs, and independent schools operated by an Education Service District. This definition excludes approved recovery schools, the Youth Corrections Education Program, the Juvenile Detention Education Program, Oregon School for the Deaf, and day treatment programs as described in ORS 343.961.

(9) “Foster Students” has the same meaning as defined in ORS 30.297(5)(c).

(10) “Fifth Grade Science Achievement” means the indexed measure of student achievement in Science for fifth grade students using the Oregon Statewide Assessment System.

(11) “Justice Involved Youth” means a student who is pre or post adjudication, has been or is currently detained in a secure juvenile justice facility, and/or has been or is currently placed in a community juvenile justice program.

(12) “LGBTQ2SIA+ Students” means students who may have one or multiple gender identities and/or sexual orientations including lesbian, gay, bisexual, pansexual, transgender, nonbinary, queer, questioning, two-spirit, intersex, and asexual. The plus sign (“+”) recognizes and includes the myriad ways to describe marginalized gender identities and sexual orientations.

(13) “Migratory Students” means a student who is a migratory worker or whose parent or guardian is a migratory worker in the agricultural, dairy, lumber, or fishing industries and who has moved due to economic necessity between school districts in the last thirty-six months, and is eligible to be a part of the Title 1-C Migrant Education Program.

(14) “Multilingual Proficiency” means the number of students earning the seal of biliteracy or multiliteracy.

(15) “Optional Metrics” are metrics not included in the Common Metrics, the school district’s selected Local Metric, or Differentiated Metrics that the school district chooses to include in their Performance Growth Targets.

(16) “Performance Growth Targets” means the targets set for each year through co-development between the school district and the Oregon Department of Education, starting with the 2026-27 school year, to comply with ORS 327.006-327.133.

(17) “Postsecondary Readiness” means the composite of students earning dual credit or Advanced Placement and International Baccalaureate completion.

(18) “Students Recently Arrived” means a student who was NOT born in any state or US Territory and who has not been attending one or more schools in any one or more state for more than three full academic years.

(19) “Students from Racial or Ethnic Groups that Have Historically Experienced Academic Disparities” includes, but is not limited to American Indian and Alaska Native (AI/AN and AI/AN+) students, Black and African American students, Hispanic and Latino students, Asian students, Native Hawaiian and Pacific Islander students, and multiracial students, and any other racial or ethnic group identified by the school district as historically experienced academic disparities.

(20) “Students who are Homeless” has the same meaning as in section 725 of the McKinney-Vento Act, 42 USC § 11434a (2).

(21) “Students who are Pregnant, Parenting, and/or Students who Experience any Pregnancy-related Condition” means students who are pregnant for any length of time, or who are actively caring for a child, whether biologically related to them or otherwise. This includes students with pregnancy-related conditions, including, but not limited to loss or termination of a pregnancy, childbirth, lactation, and/or mental health conditions.

(22) “Students with Disabilities” means a child with a disability as defined in ORS 343.035(1).

(23) “School district” means:

(a) A common school district or a union high school district;

(b) An education service district that has enrolled students in any grade from kindergarten through grade 12 for specialized services;

(d) An approved recovery school;

(e) The Youth Corrections Education Program;

(f) The Juvenile Detention Education Program;

(g) The Oregon School for the Deaf; or

(h) Eligible day treatment programs and eligible residential treatment programs for education services to children who are in treatment programs as described in ORS 343.961.

History

Statutory/Other Authority: SB 141 (2025)
Statutes/Other Implemented: SB 141 (2025)
ODE 24-2026, amend filed 05/29/2026, effective 05/29/2026
ODE 61-2025, adopt filed 12/15/2025, effective 12/15/2025

Or. Admin. R. 581-003-0005 Definitions for Education Accountability Act: Third Grade Reading Proficiency

“Third-grade reading proficiency rate” means the percentage of students in the third grade who are determined to be proficient or above based on Oregon’s statewide summative assessments in English Language Arts (ELA).

History

Statutory/Other Authority: SB 141 (2025)
Statutes/Other Implemented: SB 141 (2025)
ODE 61-2025, adopt filed 12/15/2025, effective 12/15/2025

Or. Admin. R. 581-003-0010 Definitions for Education Accountability Act: Eighth Grade Math Proficiency

“Eighth-grade math proficiency rate” means the percentage of students in the eighth grade who are determined to be proficient or above based on Oregon’s statewide summative assessments in Mathematics.

History

Statutory/Other Authority: SB 141 (2025)
Statutes/Other Implemented: SB 141 (2025)
ODE 61-2025, adopt filed 12/15/2025, effective 12/15/2025

Or. Admin. R. 581-003-0015 Local Metrics

(1) “Local metric rate” means the school district’s performance on a measurable student performance outcome.

(2) School districts shall select one of the following Local Metrics for inclusion in their Performance Growth Targets:

(a) 5th Grade Science Achievement;

(b) Academic Growth;

(d) Multilingual Proficiency; or

(e) Postsecondary Readiness.

History

Statutory/Other Authority: SB 141 (2025)
Statutes/Other Implemented: SB 141 (2025)
ODE 61-2025, adopt filed 12/15/2025, effective 12/15/2025

Or. Admin. R. 581-003-0020 Differentiated Metrics

For school districts not identified in OAR 581-003-0001 (23)(a) and OAR 581-003-0001 (23)(c) the following Differentiated Metrics have been identified for the following:

(1)(a) Education Service District that has enrolled students for specialized services.

(b) Up to five metrics co-developed with the Oregon Department of Education that meet the following:

(A) Be a measure of student performance outcomes;

(B) Have at least two years of historic data with at least 10 students per year;

(D) Continue data collection using consistent definitions for the duration of the Performance Growth Target span;

(E) Provide aggregate data for the metric to the Oregon Department of Education in annual reporting; and

(F) Make available student level data to the Oregon Department of Education when requested.

(2) Approved Recovery Schools.

(a) Attendance Rate;

(b) Three years of the four-year graduation rate; and

(3) The Youth Corrections Education Program.

(a) Dropout rate;

(b) Percentage of students who earned high school course credits in facility;

(d) Five-year completion rate; and

(e) K-12 regular attendance rate.

(4) The Juvenile Detention Education Program.

(a) Dropout rate;

(b) Percentage of students who earned high school course credits (in facility); and

(5) The Oregon School for the Deaf.

(a) K-12 regular attendance rate;

(b) 3 years combined 4-year graduation rate; and

(6) Eligible day treatment programs and eligible residential treatment programs for education services to children who are in treatment programs as described in ORS 343.961.

(a) Select two metrics from:

(A) Dropout rate;

(B) Percentage of students who earned high school course credits in facility;

(D) Five-year completion rate;

(E) K-12 regular attendance rate; or

(F) K-2 regular attendance rate.

(b) And up to three metrics co-developed with the Oregon Department of Education that meet the following:

(A) Be a measure of student performance outcomes;

(B) Have at least two years of historic data with at least 10 students per year;

(D) Continue data collection using consistent definitions for the duration of the Performance Growth Target span;

(E) Provide aggregate data for the metric to the Oregon Department of Education in annual reporting; and

(F) Make available student level data to the Oregon Department of Education when requested.

History

Statutory/Other Authority: SB 141 (2025)
Statutes/Other Implemented: SB 141 (2025)
ODE 61-2025, adopt filed 12/15/2025, effective 12/15/2025

Or. Admin. R. 581-003-0025 Statewide Performance Targets

For Statewide Performance Targets, the targets for the 2029-30 school year are as follows:

(1) Common Metric targets:

(a) On-time graduation rate of 92.3%;

(b) Five-year completion rate of 95.4%;

(d) Eighth-grade mathematics proficiency rate of 52.0%;

(e) Third-grade reading proficiency rate 52.6%;

(f) Regular attendance rate of 78.3%; and

(g) Regular early-grade attendance rate of 82.0%.

(2) Local Metric targets:

(a) Fifth Grade Science Achievement;

(b) Academic Growth;

(d) Multilingual Proficiency; and

(e) Postsecondary Readiness.

History

Statutory/Other Authority: SB 141 (2025)
Statutes/Other Implemented: SB 141 (2025)
ODE 21-2026, amend filed 04/29/2026, effective 04/29/2026
ODE 61-2025, adopt filed 12/15/2025, effective 12/15/2025

Or. Admin. R. 581-003-0030 Performance Growth Targets

(1) “Baseline Targets” means the minimum growth target that the school district and the Oregon Department of Education agree is satisfactory for all students included in the metric.

(2) “Gap-Closing Targets” means the growth target that the school district and the Oregon Department of Education agree is needed to close existing gaps between all students included in the metric and the combined focal group students included in the metric within a reasonable period of time.

(3) Each school district receiving state school funds co-develops four years of Performance Growth Targets with the Oregon Department of Education, starting with the 2026-27 school year.

(4) Performance Growth Targets include the following metrics:

(a) For school districts identified in OAR 581-003-0001 (24)(a) and OAR 581-003-0001 (24)(c):

(A) Each of the Common Metrics; and

(B) One Local Metric.

(b)(A) For the Juvenile Detention Education Program, The Youth Corrections Education Program, the Oregon School for the Deaf, and Approved Recovery Schools:

(B) Differentiated Metrics as identified in OAR 581-003-0020.

(c)(A) For Education Service Districts that has enrolled students in any grade kindergarten through grade 12 for specialized services:

(B) Up to five metrics developed with the Oregon Department of Education that meet the following:

(i) Be a measure of student performance outcomes;

(ii) Have at least two years of historic data with at least 10 students per year;

(iii) Be disaggregated by focal student groups;

(iv) Continue data collection using consistent definitions for the duration of the Performance Growth Target span;

(v) Provide aggregate data for the metric to the Oregon Department of Education in annual reporting; and

(vi) Make available student level data to the Oregon Department of Education when requested.

(d) For Eligible day treatment programs and eligible residential treatment programs for education services to children who are in treatment programs as described in ORS 343.961:

(A) Two differentiated metrics selected from the list identified in OAR 571-003-0020 (7); and

(B) Three additional metrics that meet the following criteria:

(i) Be a measure of student performance outcomes;

(ii) Have at least two years of historic data with at least 10 students per year;

(iii) Be disaggregated by focal student groups;

(iv) Continue data collection using consistent definitions for the duration of the Performance Growth Target span;

(v) Provide aggregate data for the metric to the Oregon Department of Education in annual reporting; and

(vi) Make available student level data to the Oregon Department of Education when requested.

(5) Each school district may add Optional Metric targets to their Performance Growth Targets.

(6) For the purposes of setting targets, the following minimum student size (denominator) is required for each metric and target type:

(a) A minimum denominator of 10 students for each of the last four years, or

(b) A minimum denominator of 10 students for each year of available data if there are fewer than four years available.

(7) For each year and metric, two types of targets are included in Performance Growth Targets:

(a) Baseline Targets; and

(b) Gap-Closing Targets.

(8) Each newly-established Approved Recovery School and Eligible day treatment programs and eligible residential treatment programs for education services to children who are in treatment programs as described in ORS 343.961 have two school years to establish historic data prior to creation of Performance Growth Targets.

History

Statutory/Other Authority: SB 141 (2025)
Statutes/Other Implemented: SB 141 (2025)
ODE 61-2025, adopt filed 12/15/2025, effective 12/15/2025

Or. Admin. R. 581-003-0035 School District Review of Progress

(1) Each year, each school district that receives moneys from the State School Fund shall review the school district’s progress toward meeting the performance growth targets developed in accordance with the Education Accountability Act.

(2) Results of the school district’s review of progress made toward meeting performance growth targets must be:

(a) Broken down by each metric;

(b) Provided to the Department of Education no later than 60 days after the last validation window closes for all applicable data;

(d) Presented to the governing body of the school district at an open meeting, following:

(A) Oral presentation of the results by an administrator of the school district to the governing body of the school district; and

(B) Opportunity for the public to comment on the results at an open meeting.

History

Statutory/Other Authority: SB 141 (2025)
Statutes/Other Implemented: SB 141 (2025)
ODE 24-2026, adopt filed 05/29/2026, effective 05/29/2026

Or. Admin. R. 581-003-0040 Determination of Performance Targets

(1) Annually, ODE will determine whether a school district has met or not met the adopted performance growth targets.

(2) ODE annually reviews each school district’s review of progress towards meeting performance growth targets and will evaluate each individual metric for:

(a) Meeting the Baseline Targets.

(b) Meeting the Gap-Closing Targets.

(3) Districts will be considered to have met the performance growth targets for a single metric when:

(a) The baseline and gap-closing targets are met, or

(b) The baseline target is met, AND the district review of progress indicates progress for the gap-closing target has been made, or

(c) The gap-closing target is met, AND the district review of progress indicates progress for the baseline target has been made.

(4) If none of these conditions are met, the metric will be considered “Not Met.”

History

Statutory/Other Authority: SB 141 (2025)
Statutes/Other Implemented: SB 141 (2025)
ODE 24-2026, adopt filed 05/29/2026, effective 05/29/2026

Or. Admin. R. 581-003-0045 Directed Coaching

(1) Districts must accept directed coaching when the department has determined that the school district has not met performance growth targets for the same metric for two consecutive years.

(2) Directed coaching will begin no later than July 1.

(3) The department will review additional data and context to determine the appropriate coaching support.

(4) Districts must accept directed coaching for a minimum of two years.

History

Statutory/Other Authority: SB 141 (2025)
Statutes/Other Implemented: SB 141 (2025)
ODE 24-2026, adopt filed 05/29/2026, effective 05/29/2026

Or. Admin. R. 581-003-0050 The Intensive Coaching Program

(1) School Districts will be required to participate in the Intensive Coaching Program when:

(a) The department has determined that the district has not met performance growth targets for two or more metrics for three or more consecutive years; or

(b) The school district has participated in Directed Coaching and did not meet performance growth targets as per OAR 581-003-0040 for two or more years.

(2) The Intensive Coaching Program will begin no later than July 1.

(3) The department will review additional data and context to determine the appropriate coaching support.

(4) Districts must participate in the Intensive Coaching Program for a minimum of two years.

History

Statutory/Other Authority: SB 141 (2025)
Statutes/Other Implemented: SB 141 (2025)
ODE 24-2026, adopt filed 05/29/2026, effective 05/29/2026

Or. Admin. R. 581-003-0055 Agency Authority to Direct State School Funds and Student Investment Account Funds

(1) After four or more years of a school district not meeting the performance growth targets, the department shall require the school district to authorize the department to prescribe the uses of up to 25% of the district’s State School Funds and Student Investment Account Funds.

(a) Any proposed uses of the moneys must be presented to the governing body of the school district at an open meeting of the governing body that occurs no later than January 31 of the school year preceding the school year during which the department will be prescribing the uses of the moneys.

(b) Additional proposed uses of the moneys or changes to the proposed uses of the moneys must be presented to the governing body of the school district at an open meeting.

(2) The department shall enter into a partnership with an organization that specializes in budgets for public kindergarten through grade 12 schools to provide additional training and consultation services for a school district for which the uses of moneys will be prescribed.

History

Statutory/Other Authority: SB 141 (2025)
Statutes/Other Implemented: SB 141 (2025)
ODE 24-2026, adopt filed 05/29/2026, effective 05/29/2026

Or. Admin. R. 581-003-0060 Reconsideration

After a minimum of two years in either Directed Coaching or the Intensive Coaching Program, the department will take into consideration interim test data as well as the school district’s performance growth target data to determine if the school district will no longer be required to participate in Directed Coaching or the Intensive Coaching Program.

History

Statutory/Other Authority: SB 141 (2025)
Statutes/Other Implemented: SB 141 (2025)
ODE 24-2026, adopt filed 05/29/2026, effective 05/29/2026

Or. Admin. R. 581-003-0065 Intensive Coaching Program & Student Success Teams: Definitions

The following definitions apply to OAR 581-003-0065 to 581-003-0090:

(1) “Collaboration and coordination” means activities and expenses that help the participating school district and the Department coordinate the intensive coaching program.

(2) “Community member” means:

(a) A representative of a community-based organization that serves the local community;

(b) A representative of a culturally specific organization that serves the local community;

(c) A representative of an organization that regularly partners with the school district to network resources and assist students in meeting state and local standards, and prepare students for post high school transitions; or

(d) A resident of the local community capable of representing underserved community voices.

(3) “Contractors” means a person or organization the Department contracts with to provide services to a school district participating in intensive coaching.

(4) “Department” means the Oregon Department of Education.

(5) “District Point Person” means the designated school district employee who supports implementation of the intensive coaching program for the participating school district.

(6) “Student group” means one of the specific groups of students listed in ORS 327.164(11)).

(7) “ODE Point Person” means the designated, full-time Department employee who serves on the Student Success Team. Pursuant to ORS 327.169(3)(a)(A), this person shall serve as the Student Success Team leader.

(8) “Performance growth target” has the meaning given that term in OAR 581-003-0001(16).

(9) “School district” means one of the entities listed in ORS 327.164(10).

(10) “Student Success Team” is the body that advises and counsels participating school districts on how to improve performance outcomes and develop recommendations aligned to improving said outcomes.

History

Statutory/Other Authority: ORS 327.169
Statutes/Other Implemented: ORS 327.169
ODE 25-2026, adopt filed 05/29/2026, effective 05/29/2026

Or. Admin. R. 581-003-0070 Intensive Coaching Program & Student Success Teams: Purpose

(1) The purpose of the intensive coaching program is to assist school districts in progress toward meeting their performance growth targets.

(2) For the purpose of assisting school districts participating in the intensive coaching program, a Student Success Team shall be assembled in alignment with the needs of the school district as identified by:

(a) The school district’s progress towards meeting performance growth targets;

(b) Directed coaching outcomes;

(d) Department-conducted district protocol.

(3)(a) The Student Success Team membership shall include, but is not limited to:

(A) The ODE Point Person;

(B) The District Point Person;

(D) A school board member; and

(E) A licensed staff or representative from recognized employee associations.

(b) Additional membership on the Student Success Team may include:

(A) School district staff;

(B) Department staff;

(D) Contractors;

(E) Community members; and

(F) Representatives from recognized employee associations.

History

Statutory/Other Authority: ORS 327.169 & SB 141 (2025)
Statutes/Other Implemented: ORS 327.169 & SB 141 (2025)
ODE 25-2026, adopt filed 05/29/2026, effective 05/29/2026

Or. Admin. R. 581-003-0075 Intensive Coaching Program & Student Success Teams: Eligibility

(1) The Department shall prioritize school district participation in the intensive coaching program in accordance with OAR 581-003-0035 to 581-003-0060.

(2) The Intensive Coaching Program shall begin no later than July 1 after the determination is made pursuant to OAR 581-003-0050.

History

Statutory/Other Authority: ORS 327.169
Statutes/Other Implemented: ORS 327.169
ODE 25-2026, adopt filed 05/29/2026, effective 05/29/2026

Or. Admin. R. 581-003-0080 Intensive Coaching Program & Student Success Teams: Duration, Criteria, Grant Agreement and Establishing Improvement

(1) At a minimum, participation in the intensive coaching program must be done in accordance with OAR 581-003-0035 to 581-003-0090.

(2) A school district shall receive grant-in-aid when participating in the intensive coaching program. To receive grant-in-aid, a school district must enter into a grant agreement with the Department. A grant-in-aid agreement must:

(a) Specify that grant-in-aid will continue until June 30th of the participating district’s final school year of program participation;

(b) Require the school district to engage in Tribal Consultation with Tribal Nations, for affected school districts under Section 8538 of the federal Every Student Succeeds Act;

(d) Ensure that the decision-making process of Student Success Team centers students’ perspectives, including represented student groups, as appropriate given the school district’s demographics;

(e) Identify a District Point Person to support the Intensive Coaching Program within the school district for each year of participation; and

(f) Require the school district to accept and implement the recommendations of the Student Success Team pursuant to terms outlined in ORS 327.169.

(3) Whether a participating school district has demonstrated improvement shall be determined by the criteria outlined in OAR 581-003-0060.

History

Statutory/Other Authority: ORS 327.169
Statutes/Other Implemented: ORS 327.169
ODE 25-2026, adopt filed 05/29/2026, effective 05/29/2026

Or. Admin. R. 581-003-0085 Intensive Coaching Program & Student Success Teams: Funding

(1) The grant in aid allocation shall be determined as follows:

(a) Available funds shall be distributed based on ADMw.

(b) The maximum allocation a school district shall receive may not exceed $5,000,000.

(d) Grant in aid will be allocated for each year the district participates in the program.

(2)(a) The Department shall provide additional funds to each participating school district to support collaboration and coordination of the program at the district level.

(b) The Department shall allocate collaboration and coordination funding to participating school districts only if there are available programmatic funds;

(c) Each school district’s funding allocations for collaboration and coordination shall be based on a calculation determined by the Department;

(d) Funds to support collaboration and coordination are in addition to the participating school district’s grant in aid allocation described in section OAR 581-003-0085(1);

(e) Funds to support collaboration and coordination shall be provided and available for the duration of the school district’s participation in the program;

(f) Unspent funds to support collaboration and coordination shall roll-over to the subsequent year;

(g) The participating school district shall ensure that funds are spent in accordance with federal and state law as well as Department guidance to support collaboration and coordination; and

(h) Funds to support collaboration and coordination are not required to be approved as a formal recommendation by the Student Success Team.

(3) With the exception of the collaboration and coordination funds referenced in OAR 581-003-0085(2), all remaining funds shall be spent in accordance with recommendations from the Student Success Teams.

History

Statutory/Other Authority: ORS 327.169
Statutes/Other Implemented: ORS 327.169
ODE 25-2026, adopt filed 05/29/2026, effective 05/29/2026

Or. Admin. R. 581-003-0090 Intensive Coaching Program & Student Success Teams: Reporting

Participating school districts must provide reports in the manner and form required by the Department and in accordance with ORS 327.169.

History

Statutory/Other Authority: ORS 327.169
Statutes/Other Implemented: ORS 327.169
ODE 25-2026, adopt filed 05/29/2026, effective 05/29/2026

Or. Admin. R. 581-003-3035 Interim Tests

(1) School districts and public charter schools shall administer interim tests in accordance with ORS 329.485.

(2) In administering interim assessments under this rule, school districts and public charter schools shall select interim tests from among the most recently approved list of interim tests adopted by State Board of Education. The list of interim tests referenced is available from the Oregon Department of Education upon request.

History

Statutory/Other Authority: ORS 329.485
Statutes/Other Implemented: ORS 329.485
ODE 33-2026, amend filed 06/22/2026, effective 06/22/2026
ODE 3-2026, temporary amend filed 02/19/2026, effective 02/19/2026 through 08/17/2026
ODE 1-2026, adopt filed 01/27/2026, effective 01/27/2026

Division 10 REORGANIZATION

Or. Admin. R. 581-010-0200 Minimum Standards and Definitions Pertaining to Objectives of Reorganization

(1) Definitions. The following definitions apply to the application of ORS 330.535 and 330.543 and this rule unless the context indicates otherwise.

(a) "Adversely Affect" means to cause any effect which diminishes educational opportunity for students;

(b) "Affected District" means a school district existing prior to reorganization which by the proposed reorganization will be significantly impacted, directly, or indirectly, in any one of the following areas:

(A) Utilization of facilities;

(B) Programs;

(D) Revenues;

(E) Assessed valuation per student;

(F) Levying authority;

(G) Tax rates.

(d) "Average Operational Revenues Per Student" means revenues available for Net Operating Expenditures as defined in ORS 327.006 and computed according to OAR 581-023-0041, divided by the district's Average Daily Membership as defined in ORS 327.006;

(e) "Committee" means the education service district board for the county in which the proposed school district is located. In any county where there is no education service district, "committee" means the governing body of the county. Where a proposed reorganization involves territory in two or more counties, a request for preparation of a reorganization plan shall initially be made to the committee for the county having the greatest number of affected students;

(f) "Contemplated Reorganization" means a reorganization plan:

(A) Which includes all or a portion of the area affected by the proposed reorganization; and

(B) Which the Committee has decided to develop, has underdevelopment, or has adopted but which has not yet been approved by the voters.

(g) "Curricular program" means the following instructional programs:

(A) Grades Kindergarten–6 means art, health education, language arts, mathematics, music, physical education, science and social science;

(B) Grades 7–8 means Fine and/or applied arts, health education, language arts, mathematics, physical education, science and social science;

(C) Grades 9–12 means career development, global studies, government, health education, language arts, mathematics, personal finance and economics, physical education, science, U.S. history, and applied arts, fine arts or foreign language.

(h) "More Effectively Coordinated Programs" means a determination by the Committee and upon de novo review by the State Board of Education, that, considering the standards set forth in section (2) of this rule, the overall coordination of curricular and extracurricular programs within both the affected district(s) and the proposed district will be more effective as a result of reorganization;

(i) "More Efficient and Economical Administration" means a determination by the Committee and upon de novo review by the State Board of Education, that, considering the standards set forth in section (2) of this rule, the overall cost of providing public education to all students affected by the plan of reorganization will not increase as a result of reorganization;

(j) "School Facilities" means real and personal property, which shall include school buildings, administrative offices, warehouses, garages, buses, computers, audiovisual equipment and other property which may be owned or leased by the school district;

(k) "Significant Impact" means any impact that would diminish a district's ability to provide students such physical facilities, instructional materials, curricular programs and school personnel as may be required by federal law, state law, and administrative rules adopted by the State Board of Education;

(l) "Substantially Equal" means a standard indicating similarity to the extent that no deviation shall be allowed which would deprive any affected student of such physical facilities, instructional materials, curricular programs and school personnel as are required in order for a district to be deemed standard;

(m) "Superior" means a standard indicating qualitative or quantitative improvement over the existing programs.

(2) "Standards": The plan shall be deemed to provide for a satisfactory school district system pursuant to ORS 330.565 if it appears probable the proposed reorganization meets the requirements of 330.090(4) and will achieve all of the objectives of reorganization described in 330.543(1) and this rule. Such requirements of 330.090(4) and the objectives of reorganization are subject to the following minimum standards:

(a) The proposed district shall offer a curricular program for kindergarten through grade twelve which shall:

(A) Meet all state standards for public schools; and

(B) Be substantially equal to or superior to the program which would be available in the affected district or districts in the absence of reorganization.

(b) Reorganization shall not adversely affect individual curricular programs in the affected district(s);

(c) The proposed district shall in a more cost effective manner, administer support services including counseling, health, food, maintenance and transportation than what would be provided in the absence of reorganization;

(d) Reorganization shall not adversely affect administration of support services within the affected district(s);

(e) The proposed district shall in a more cost effective manner administer the existing school facilities within the proposed district than what would be provided in the absence of reorganization;

(f) Reorganization shall not adversely affect the efficient and economical administration of existing school facilities in the affected districts;

(g) Utilization of existing school facilities and projected facilities in the proposed district shall:

(A) Conform with applicable federal, state and local laws and regulations relating to fire, health and safety;

(B) Provide appropriate facilities to assure students with disabilities substantially equal or superior educational opportunities to those which would be provided in the absence of reorganization;

(h) The proposed district shall provide coordination of curricular, extracurricular, athletic, and community programs and services superior to the coordination which would have existed in the absence of reorganization;

(i) Reorganization shall not adversely affect the coordination of curricular, extracurricular, athletic, and community programs within the affected district(s);

(j) Reorganization shall provide more efficient and economical administration with respect to social and economic community centers and with respect to natural geographic features within the proposed district(s) and affected district(s) as compared to what would be provided in the absence of reorganization;

(k) Reorganization shall provide integrated, nonsegregated education in the proposed and affected districts, which shall include programs to encourage and support affected children of all races and national origins to learn together and acquire the skills and attributes of citizenship;

(l) Any existing affirmative or remedial programs or services offered to students within the affected districts shall be substantially equal to those available to students within the affected districts as a result of reorganization;

(m) Reorganization shall not result in violation of ORS 659.150 or OAR 581-021-0045;

(n) Reorganization shall not result in an increase in tax rates on taxable property in the proposed or affected district(s) where such increase will have a significant impact on any affected district;

(o) Reorganization shall not result in an increase in assessed value per student in the proposed or affected district(s) where such increase will have a significant impact on any affected district;

(p) Reorganization shall not result in a reduction in assessed value per student where such reduction would have a significant impact on any affected district(s);

(q) Reorganization shall not result in a reduction in operational revenues per student where such reduction would have a significant impact on any affected district(s);

(r) In the case of a reorganization which results in a new district having an indebtedness or liability (whether or not immediately payable) which is more than 20 percent of the projected first year's operating budget of the new district, the new district shall not receive its share of assets and shall not operate until adequate provision has been made, as determined by the Committee and State Board of Education, for payment of such indebtedness or liability as it becomes due. Such provision may be in the form of a tax base or authorization for the issuance of bonds. The "indebtedness or liability" referred to in this subsection includes, but is not limited to prior debt service costs or funding of a retirement system established pursuant to ORS Chapter 239(TRFA);

(s) When the reorganization combines two or more districts into one district, the duties of administrators shall be reviewed, and, if necessary, redistributed, to obtain maximum operating efficiency within affected districts;

(t) When reorganization involves detachment from an existing district, administrative efficiency of the existing district shall not be adversely affected by the reorganization;

(u) If by reason of the application of ORS 330.660(1)(b) or otherwise, reorganization results in a district having an excess number of employees, then:

(A) The reduction in probationary and permanent teacher staff shall be governed by ORS 342.934 of the Fair Dismissal Law, except to the extent such may be in conflict with any valid and applicable provision of an individual or collective bargaining contract; and

(B) Reduction of other employees shall be governed by any applicable and valid individual or collective bargaining contract.

(v) If the provisions of ORS 330.660(1)(b) are inapplicable those employees who, immediately prior to the date on which the new district comes into existence, spent the majority of their on-duty time in the buildings assigned to the new district in the reorganization, shall become employees of the new district, effective ensuing July 1, unless their employment with the former district terminates prior to that date. Unless otherwise agreed by the new district and such employees or their respective collective bargaining representatives, their employment status as regards permanency (for instance, whether a permanent teacher, probationary teacher, temporary employee) shall be subject to the same rights, or lack thereof, as applied immediately prior to the date on which the new district came into existence. In such cases, unless agreed otherwise between the new district and said employees or their respective collective bargaining representatives, for a period of one year, the salary rates and employee benefits while employed shall remain unchanged. The provision does not refer to membership or receipt of benefits from a retirement system established under Chapter 239(TRFA);

(w) As determined by legal descriptions and maps, reorganization shall not result in a noncontiguous district;

(x) Reorganization shall not result in a school district having fewer than 20 children, as determined by the most recent enrollment report to the Oregon Department of Education and projected enrollment for the two forthcoming years;

(y) Reorganization shall not affect any other contemplated reorganization.

History

Statutory/Other Authority: ORS 330
ODE 30-2026, minor correction filed 05/29/2026, effective 05/29/2026
ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08
1EB 27-1986, f. & ef. 7-18-86
1EB 9-1985, f. & ef. 2-5-85

Division 11 TEXTBOOK ADOPTION

Or. Admin. R. 581-011-0114 High-Quality Instructional Materials Roadshow

(1) The Oregon Department of Education, in cooperation with Education Service Districts and School Districts throughout the state, may conduct a High-Quality Instructional Materials (HQIM) Roadshow.

(a) Publishers whose materials were adopted by the State Board of Education may participate in the HQIM Roadshow.

(b) The Department may require publishers to pay a fee to participate in the HQIM Roadshow.

(2) Publishers shall follow the guidelines of the HQIM Roadshow as established by the Department of Education.

(3) Violations of HQIM Roadshow guidelines may result in a publisher being removed from the HQIM Roadshow.

History

Statutory/Other Authority: ORS 337.035
Statutes/Other Implemented: ORS 337.035
ODE 35-2026, amend filed 06/22/2026, effective 06/22/2026
ODE 60-2025, amend filed 12/12/2025, effective 12/12/2025
ODE 3-2009, f. & cert. ef. 6-29-09

Or. Admin. R. 581-011-0150 High-Quality Instructional Materials Program Scope

(1) For purposes of rules adopted by the State Board of Education and policies established by the Oregon Department of Education, unless the context indicates otherwise, "instructional material" means content in print or digital format that is used as the principal source of instruction to teach Oregon K-12 content standards for a given course of study. Instructional materials may include books, sets or kits of resources, and digital materials or media.

(2) Only instructional materials intended to be used as the principal source of instruction to teach Oregon content area standards, for a given course of study, may be adopted by the State Board of Education.

(3) Submission, evaluation, and contracting processes involving digital materials and media shall be the same as print materials.

(4) Accessible Instructional Materials are required under OAR 581-015-2060, 581-022-2350, 581-022-2355, and other applicable state and federal laws, rules and regulations.

(a) As part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, the Department of Education shall enter into a written contract with the publisher of the print instructional materials to require the publisher to prepare and provide to the National Instructional Materials Access Center (NIMAC) electronic files containing the contents of the print instructional materials using the National Instructional Materials Accessibility Standard (NIMAS).

(b) A publisher that offers digital, electronic, or web-based materials must provide an accessibility conformance report for each electronic component that documents adherence to the Web Content Accessibility Guidelines (WCAG) identified in the circular of information and technical standards required by the Federal Rehabilitation Act, Section 508. The report must be based on an audit testing a random sampling of each different type of electronic component as outlined in each circular of information.

History

Statutory/Other Authority: ORS 337.030 & ORS 337.050
Statutes/Other Implemented: ORS 337.030, ORS 337.050, ORS 337.035, ORS 337.060 & ORS 337.075
ODE 35-2026, adopt filed 06/22/2026, effective 06/22/2026

Or. Admin. R. 581-011-0155 Criteria for the Selection and Adoption of Instructional Materials

(1)(a) The State Board of Education shall:

(A) Adopt instructional materials criteria according to the subject matter cycle adopted by the board and described in OAR 581-011-0165.

(B) Review the criteria which will be used in the evaluation of instructional materials submitted for adoption and adopt the criteria no later than its January meeting in the scheduled adoption year.

(b) If the January meeting is cancelled, adopt in the board meeting held immediately following January 31 in the scheduled adoption year.

(2) Instructional materials criteria committees shall develop the criteria according to the following procedures:

(a) Instructional materials criteria committees shall be appointed by and work under the supervision of the Oregon Department of Education.

(b) A criteria committee in each subject area for which state adoptions are planned shall be appointed in a time and manner determined by the Department. The committee shall recommend categories and draft criteria to be used in evaluating the instructional materials submitted for consideration.

(d)(A) The Department shall present the final draft of the criteria to the State Board of Education by the Board's January meeting in the year of the adoption.

(B) If the January meeting is cancelled, the Department will present in the board meeting held immediately following January 31 in the scheduled adoption year.

(e) Each committee shall be chaired by the Department of Education specialist in the particular subject area for which criteria are being developed. In the event that there is not a staff specialist in a particular subject field, the Department may obtain a specialist to serve as chair.

(f) Each committee shall include no less than five members selected from among Oregon classroom teachers, curriculum specialists, and others having experience and expertise in the subject area under consideration.

(g) Travel, lodging, and meal expenses for committee meetings are to be reimbursed in accordance with state policy.

(h) An honorarium may be awarded to each committee member who completes all the duties as assigned, to be determined by the Department of Education. The honorarium is to be determined based on current Department of Education compensation for similar tasks.

(i) Criteria committees shall develop criteria which set the standard for selection of instructional materials by evaluation committees and the State Board of Education. These criteria shall include, but not be limited to, the major concepts of the Content Standards and Essential Skills established by the State Board of Education for Oregon schools; the criteria shall require instructional materials to reflect respect for all people, regardless of age, disability, national origin, race, color, marital status, religion, sex, sexual orientation, immigration or citizenship status, or gender identity.

History

Statutory/Other Authority: ORS 337.035
Statutes/Other Implemented: ORS 337.035, ORS 337.050, ORS 337.060, ORS 337.075 & ORS 337.260
ODE 35-2026, adopt filed 06/22/2026, effective 06/22/2026

Or. Admin. R. 581-011-0160 Evaluation of Instructional Materials

(1) Pursuant to ORS 337.050, the State Board of Education shall adopt a list of instructional materials for each grade and subject field in the standard curriculum for which, in its judgment, such materials are required.

(2) The Board, therefore, directs that educators who are knowledgeable of the grade level and subject area of materials under consideration be appointed to committees to evaluate instructional materials, and delegates to the Department of Education the responsibility for appointment of such evaluation committees. No fewer than three-fourths of the membership of each evaluation committee shall be licensed educators currently practicing in Oregon public schools.

(3) The committee membership shall reflect the size and geographic diversity of school districts throughout Oregon.

(4) To the degree possible, the committee membership shall reflect the racial and ethnic diversity of Oregon’s student population.

(5) The committees shall determine the degree to which the submitted materials meet the Board's criteria as adopted under OAR 581-011-0155. Based on the scores received, the Department of Education will present to the Board a recommended list of instructional materials for adoption.

(6) The rosters of committee appointees will be available from the Department of Education.

(7) Committee members are to receive meal and travel (and lodging where appropriate) reimbursement in accordance with state policies for expenses incurred in attending evaluation sessions at the state level.

(8) An honorarium shall be awarded to each committee member who completes all the duties as assigned, to be determined by the Department of Education. The honorarium is to be determined based on current Department of Education compensation for similar assignments.

History

Statutory/Other Authority: ORS 337.050
Statutes/Other Implemented: ORS 337.050
ODE 35-2026, adopt filed 06/22/2026, effective 06/22/2026

Or. Admin. R. 581-011-0165 Instructional Materials Adopted by the State Board of Education

(1) The State Board of Education shall adopt a list of instructional materials, aligned with the subject matter cycle adopted by the Board, that school districts may use to comply with ORS chapter 337. The list shall remain in effect for a period established by the Board at the time the subject matter cycle is adopted, not to exceed ten school years.

(2) The subject matter cycle means the State instructional materials adoption schedule adopted by the Board as required by ORS 337.035.

(3) Pursuant to ORS 337.120, district school boards shall adopt instructional materials for each grade and subject field for which instruction is provided by the district from the approved list except as otherwise provided by ORS 337.141 and OAR 581-022-2350.

History

Statutory/Other Authority: ORS 337.050 & ORS 337.141
Statutes/Other Implemented: ORS 337.050, ORS 337.035 & ORS 337.055
ODE 35-2026, adopt filed 06/22/2026, effective 06/22/2026

Or. Admin. R. 581-011-0170 Submission and Contracting of Instructional Materials

(1) Publishers shall submit instructional materials and related information for consideration by the Department and the State Board of Education according to the following requirements and procedures:

(a) No materials may be considered by the Board unless delivered at least 60 days prior to the adoption date.

(b) Instructional materials proposals shall be submitted in accordance with the forms and procedures established by the Department.

(A) Proposals shall include information and pricing in the form and manner established by the Department.

(B) All materials and specifications listed in a proposal must accurately correspond to the instructional material samples submitted for evaluation.

(c) Publishers shall provide summary documentation, in the form and format established by the Department, demonstrating how submitted instructional materials meet the criteria adopted by the State Board of Education.

(d) Publishers shall submit completed summaries to evaluation committees and Department staff in a time and manner specified by the Department.

(2) The Board delegates to the Oregon Department of Education the authority to enter into contracts with publishers.

(a) Contracts with publishers whose instructional materials are adopted by the Board shall be executed using forms and procedures established by the Department.

(b) Contracts shall require publishers to make instructional materials available through a depository designated by the Oregon Department of Education and to furnish materials in accordance with state and federal law and the proposal.

(c) The Board authorizes the Department to collect a bond or an irrevocable letter of credit up to $10,000 from a publisher. The Department may collect a lower bond amount when the following conditions are met:

(A) The materials under contract are Open Educational Resources; and

(B) Are submitted for review in their free ($0 cost to obtain content) format.

(d) In accordance with ORS 337.090, if any publisher fails to carry out the provisions of the contract or demonstrates the intent to evade the provisions of the contract, the Board may rescind the contract and notify the publisher thereof, or bring the appropriate action or suit to enforce the provisions of the publisher’s bond or letter of credit, payable to the State of Oregon for the benefit of the Common School Fund.

(e) As used in this subsection, “Open Educational Resources (OER)” are defined as teaching and learning resources that reside in the public domain or have been released under an open license that permits their free use and re-purposing by others.

(3) The Oregon Department of Education has the authority to recommend when the adoption of a substitute or additional instructional material is necessary under ORS 337.110.

(a) The Department shall establish procedures for publishers and other parties to submit materials for consideration when a substitution is initiated under this rule.

(b) Upon receiving a recommendation from the Oregon Department of Education, the Chair of the State Board of Education may convene the Board for the purpose of considering substituted instructional materials.

History

Statutory/Other Authority: ORS 337.060, ORS 337.075, ORS 337.090 & ORS 337.110
Statutes/Other Implemented: ORS 337.060, ORS 337.075, ORS 337.090 & ORS 337.110
ODE 35-2026, adopt filed 06/22/2026, effective 06/22/2026

Division 12 EDUCATOR ADVANCEMENT FUND

Or. Admin. R. 581-012-0001 Definitions: Regional Educator Networks

The following definitions apply to OAR 581-012-0001 to 581-012-0019

(1) “Capacity Grants” means grant funds that are dispersed from the Educator Advancement Fund to Sponsoring Organizations for the purpose of meeting the goals identified in ORS 342.943 and in accordance with OAR 581-012-0013.

(2) “Consortium” means the formation of a formal partnership between two or more eligible Sponsoring Organizations within a region for the purpose of sponsoring an educator network as described in ORS 342.943.

(3) “Coordinating Body” has the meaning given in ORS 342.943(2)(f), shall include a majority of Educators, as defined by ORS 342.940, who are based in schools from different grades and content areas and reflective of the student demographics of the region served by the Educator Network. The Coordinating Body shall also include members representing relevant state agencies, early learning providers and professionals, school board members, educator preparation providers, education-focused nonprofit organizations, professional education associations, and federally recognized Tribes of this state.

(4) “Design Teams” means teams of Regional Educator Network Member Organization representatives that meet for the purpose of identifying professional educator priorities and designing professional learning to address the priorities through a Continuous Improvement Process. Design Teams may include, but are not limited to, representatives of Member Organizations such as school building, school district, and/or education service district employees, inclusive of administrators, licensed teachers, classified staff, human resources professionals, and other school personnel.

(5) “Educator” has the meaning given in ORS 342.940, a person who is:

(a) A teacher, an administrator or another school employee who is employed to provide instruction or support to students in early childhood education or in kindergarten through grade 12; or

(b) Entering into or enrolled in an educator preparation program.

(6) “Educator Advancement Fund” means the fund established by ORS 342.953.

(7) “ESD” means education service district as defined in ORS 334.003.

(8) “Fiscal agent” means a School District, Education Service district, or Postsecondary Institution of Education that partners with a Sponsoring Organization for the purpose of accepting, holding and disbursing Regional Educator Network grant funds, and is responsible for adhering to the terms of the grant agreement, ensuring grant funds are spent properly and all required expenditure reporting is completed.

(9) “Formula Funds” means grant funds that are dispersed from the Educator Advancement Fund to Sponsoring Organizations for the purpose of meeting the goals identified in ORS 342.943 and in accordance with OAR 581-012-0015.

(10) “Member Organization” means an organization identified in OAR 581-012-0010 that employs Educators within a specified region served by the Regional Educator Network.

(11) “Nonprofit Organization” means an education-focused organization that:

(a) Is established as a nonprofit organization under the laws of Oregon; and

(b) Qualifies as an exempt organization under section 501(c)(3) or a social welfare organization under 501(c)(4) of the Internal Revenue Code as defined in ORS 314.011.

(12) “Oregon Equity Lens” means the equity lens as defined in OAR 581-018-0010.

(13) “Postsecondary institution of Education” means:

(a) A community college operated under ORS Chapter 341;

(b) The following public universities:

(A) University of Oregon;

(B) Oregon State University;

(D) Oregon Institute of Technology;

(E) Western Oregon University;

(F) Southern Oregon University;

(G) Eastern Oregon University;

(d) An Oregon-based, accredited, not-for-profit institution of higher education.

(14) “Professional Learning Plan” means a two-year plan developed by representatives of Regional Educator Network Member Organizations, that is informed by teacher perspectives and that identifies purposeful and planned programmatic activities aimed at improvement and innovation to support Educators in accordance with the policies and goals of ORS 342.943.

(15) “Regional Educator Network” means a formal partnership between Member Organizations, early learning organizations, and Postsecondary Institutions of Education that collaboratively works to implement ORS 342.943 by tailoring regional professional learning and support systems for improving outcomes for all Oregon students.

(16) “Regional Educator Network Participant” means an Educator, as defined by ORS 342.940, who participates in any service or support that is funded by a Regional Educator Network funds.

(17) “Regional Plan” means a four-year plan developed by the Sponsoring Organization in partnership with representatives of Member Organizations and Coordinating Body Members that articulates the region’s approach to collectively developing and investing in systems of support for educators in accordance with the policies and goals of ORS 342.943 and OAR 581 012 0011.

(18) “School District” means a common or union high school district.

(19) “Sponsoring Organization” means a School District, Education Service District, Nonprofit Organization, Postsecondary Institution of Education, Tribe, or a Consortia of any of these groups in a designated region of the state that was selected by the Educator Advancement Council for the purpose of sponsoring an educator network as described in ORS 342.943.

(20) “Tribe” means any of the federally recognized Native American tribes of this state.

(21) “Technical assistance” means targeted support provided by the Sponsoring Organization to Member Organizations in which guidance, support and or training is available to help develop skills, implement improvement efforts, or solve specific challenges. It can involve, but is not limited to, consulting, coaching, resource sharing, and capacity building efforts.

History

Statutory/Other Authority: ORS 342.940 & ORS 324.943
Statutes/Other Implemented: ORS 342.940 & ORS 324.943
ODE 24-2025, amend filed 05/16/2025, effective 05/16/2025
ODE 147-2019, adopt filed 10/24/2019, effective 10/24/2019
ODE 19-2019, temporary adopt filed 05/20/2019, effective 05/20/2019 through 11/15/2019

Or. Admin. R. 581-012-0003 Equity Lens: Regional Educator Networks

The Educator Advancement Council, the Oregon Department of Education, and the Regional Educator Networks will apply the Oregon equity lens in all work relating to the Educator Advancement Fund and the Regional Educator Networks.

History

Statutory/Other Authority: ORS 342.940 & ORS 324.943
Statutes/Other Implemented: ORS 342.940 & ORS 324.943
ODE 147-2019, adopt filed 10/24/2019, effective 10/24/2019
ODE 19-2019, temporary adopt filed 05/20/2019, effective 05/20/2019 through 11/15/2019

Or. Admin. R. 581-012-0005 Educator Advancement Fund

The Educator Advancement Fund may be used for the following purposes:

(1) Regional Educator Network capacity grants pursuant to OAR 581-012-0013;

(2) Regional Educator Network formula funding pursuant to OAR 581-012-0015;

(3) Other investments directed by the Oregon Legislature or the Educator Advancement Council pursuant to OAR 581-012-0017; and

(4) Educator Advancement Council and ODE administrative costs.

History

Statutory/Other Authority: ORS 342.940 & ORS 324.943
Statutes/Other Implemented: ORS 342.940 & ORS 324.943
ODE 147-2019, adopt filed 10/24/2019, effective 10/24/2019
ODE 19-2019, temporary adopt filed 05/20/2019, effective 05/20/2019 through 11/15/2019

Or. Admin. R. 581-012-0007 Sponosoring Organization Requirements

(1) The Educator Advancement Council will establish Regional Educator Networks, hosted by a Sponsoring Organization, across the state for the purpose of facilitating the work of eligible Member Organizations in their respective regions as they work towards improving professional learning systems designed to support educators as articulated in ORS 342.943.

(2) Sponsoring Organizations are selected by the Educator Advancement Council through a Request for Application process administered by the Oregon Department of Education for the purpose of supporting a Regional Educator Network and must:

(a) Comply with all requirements of ORS 342.943;

(b) Establish and convene a coordinating body for the Regional Educator Network with membership based on the requirements in ORS 342.943(2)(f) and for the purpose of identifying regional needs and priorities;

(c) Convene and provide technical assistance to Member Organizations in their region as they develop and implement approved Professional Learning Plans that reflect educator voice and engagement

(d) Convene and provide technical assistance to Design Teams for the purpose of sharing learning related to Professional Learning Plans in order to scale best practices across schools, districts, and region to address system conditions that produce inequities;

(e) Oversee and monitor Educator Advancement Fund grants allocated to the Regional Educator Network;

(f) Reflect and communicate the nature and intent of the Educator Advancement Fund grants;

(g) Model and reinforce authentic local partner and Educator engagement efforts;

(h) Demonstrate a commitment to equity-driven policies and practices including engagement of community interest groups;

(i) Support Member Organizations to implement the principles of improvement science as defined by the Regional Educator Network Request for Application ;

(j) Participate in ongoing Training and Technical Assistance as required by the Educator Advancement Council;

(k) Ensure the Regional Educator Network coordinator is communicating regularly with the Educator Advancement Council staff;

(l) Develop a Regional Educator Network Plan in accordance with OAR 581-012-0011 to be submitted to the Educator Advancement Council every four years;

(m) Host and promote Training and Technical Assistance opportunities offered by the Educator Advancement Council to support the work of governance groups and/or districts;

(n) Participate in best-practice sharing with other Regional Educator Networks, including Educator Advancement Council hosted statewide Regional Educator Network convenings;

(o) Collaborate with other Regional Educator Networks to meet the identified needs of Member Organizations if a priority is not being addressed in their respective Regional Educator Network;

(p) Facilitate and coordinate across the Regional Educator Network to advance the network’s shared goals and priorities.

(q) Establish regular communication loops with all Member Organizations about opportunities to engage in the Regional Educator Network; and

(r) Monitor and report on progress towards statewide initiatives and Educator Advancement Council identified outcomes that include:

(s) Ensure professional learning models statewide engage teachers, administrators, and other Educators to design and implement equity-driven, high-quality professional learning aligned to state-adopted professional learning standards to improve student outcomes;

(t) Ensure the voices of classroom teachers and other Educators are regularly included in decision making regarding professional learning priorities, Educator supports, and policies impacting Educators at local schools, districts, and regions;

(u) Improve and expand models to provide all novice Educators access to high-quality mentoring and professional development support during their first three years to promote effective practices and increase Educator retention; and

(v) Innovate to expand models statewide to support career pathways into and through Educator careers and provide financial resources and other support to achieve an Educator workforce that is equity-driven and more reflective of pre-K–12 student demographics.

(3) The Educator Advancement Council may revoke a Sponsoring Organization status for failure to comply with the requirements of this rule or failure to meet all requirements as specified in the Regional Educator Network Request for Applications issued by the Oregon Department of Education on behalf of the Educator Advancement Council. The Educator Advancement Council will identify indicators to monitor Sponsoring Organization compliance of this rule and the requirements specified in the Regional Educator Network Request For Application.

(a) The Educator Advancement Council will provide written notice to a Sponsoring Organization of any failure to comply with this rule or the Request for Application.

(b) Within 30 days of receiving written notice under subsection (3)(a) of this rule, the Sponsoring Organization must submit proposed corrective action to the Educator Advancement Council.

(c) The Educator Advancement Council will approve the proposed corrective action submitted under subsection (3)(b) of this rule if the proposed corrective action has a substantial likelihood of bringing the Sponsoring Organization back into compliance with this rule and the Request for Application.

(d) Within 90 days of approval of the proposed corrective action plan under subsection (3)(c) of this rule, the Sponsoring Organization must complete the corrective action. If the Sponsoring Organization does not complete the corrective action within the required time, the Educator Advancement Council will revoke the Sponsoring Organization's status and immediately cease all funding to the Sponsoring Organization. If extenuating circumstances exist, the Sponsoring Organization may request an extension of time to comply.

(e) Unless otherwise prohibited by statute, the Council may delegate these determinations to its Executive Director.

History

Statutory/Other Authority: ORS 342.940 & ORS 324.943
Statutes/Other Implemented: ORS 342.940 & ORS 324.943
ODE 24-2025, amend filed 05/16/2025, effective 05/16/2025
ODE 147-2019, adopt filed 10/24/2019, effective 10/24/2019
ODE 19-2019, temporary adopt filed 05/20/2019, effective 05/20/2019 through 11/15/2019

Or. Admin. R. 581-012-0009 Criteria for Selecting Sponsoring Organizations

(1) The Educator Advancement Council may establish a request for application solicitation and approval process under the following circumstances:

(a) The current Sponsoring Organization has notified the Educator Advancement Council, in writing, they can no longer sponsor a Regional Educator Network; or

(b) The status of a Sponsoring Organization has been revoked by the Educator Advancement Council for failure to comply with ORS 581-012-0007 (3) and the Request for Application.

(2) The Educator Advancement Council staff will notify eligible Sponsoring Organizations of the application process, the due dates and make available necessary guidelines and application forms.

(3) All applications must comply with the requirements of ORS 342.943 and rules adopted to implement those laws.

(4) The Educator Advancement Council will select Sponsoring Organizations based on the evaluation of the grant applications and the geographic location of applicants to ensure all areas of the state are represented in a Regional Educator Network.

(5) The following entities are eligible to be a Sponsoring Organization:

(a) School districts;

(b) ESDs;

(d) Post-secondary institutions of education;

(e) Tribes; and

(f) A Consortium of any combination thereof of entities described in this subsection.

(6) Sponsoring Organizations must be or partner with an eligible Fiscal Agent. Eligible Fiscal Agents are School Districts, ESDs, Tribes, or Post-Secondary Institutions of education.

History

Statutory/Other Authority: ORS 342.940 & ORS 342.943
Statutes/Other Implemented: ORS 342.940 & ORS 342.943
ODE 24-2025, amend filed 05/16/2025, effective 05/16/2025
ODE 29-2024, temporary amend filed 05/23/2024, effective 05/23/2024 through 11/18/2024
ODE 147-2019, adopt filed 10/24/2019, effective 10/24/2019
ODE 19-2019, temporary adopt filed 05/20/2019, effective 05/20/2019 through 11/15/2019

Or. Admin. R. 581-012-0010 Member Organizations

(1) The following entities are eligible Member Organizations of a Regional Educator Network:

(a) School districts;

(b) State-sponsored public charter schools (per ORS 338.075);

(d) An education program under the Youth Corrections Education Program or the Juvenile Detention Education Program;

(e) Federally Recognized Tribes of this State; and

(f) Education Service Districts.

(2) Each biennium, Sponsoring Organizations shall develop and or update a communication plan to notify and invite eligible Member Organizations located within the regional geographic boundary to participate in the Regional Educator Network. The ongoing communication required by this subsection shall be provided in writing and directed to the chief executive officer or superintendent of the eligible member organization. The communications shall include the multiple ways Educators employed by and representatives of the Member Organization can engage in the Regional Educator Network and technical assistance provided by the Regional Educator Network.

(3) Member Organization engagement may include, but is not limited to:

(a) Selecting a representative to serve on the Coordinating Body;

(b) Creating or participating in a Design Team to develop a professional learning plan that is submitted to the Regional Educator Network for review;

(d) Participating in networked learning convenings to collaborate, engage in disciplined inquiry, knowledge sharing and knowledge creation to address a common or shared challenge using the tools of improvement science in order to enhance organizational capacity and improve student learning.

History

Statutory/Other Authority: ORS 342.940 & ORS 342.943
Statutes/Other Implemented: ORS 342.940 & ORS 342.943
ODE 24-2025, amend filed 05/16/2025, effective 05/16/2025
ODE 157-2019, adopt filed 12/17/2019, effective 12/17/2019
ODE 150-2019, temporary adopt filed 10/30/2019, effective 10/30/2019 through 04/26/2020

Or. Admin. R. 581-012-0011 Regional Educator Network Regional Plan

(1) Sponsoring Organizations must develop a four-year Regional Plan in partnership with representatives of Member Organizations and Coordinating Body Members that articulates the region’s approach to collectively developing and investing in systems of support for all Educators that makes progress towards statewide initiatives and district priorities as a way to strengthen the Educator in accordance with policies and goals of ORS 342.943 and OAR 581-012-0011. The Regional Plan must:

(a) Comply with the requirements of ORS 342.943(3) and (4);

(b) Incorporate professional learning plans that describe activities that align to ORS 342.943 (3) and (4), and are developed by representatives of Regional Educator Network’s Member Organizations, that is informed by teacher perspective and that identifies purposeful and planned programmatic activities aimed at improvement and innovation to support Educators in accordance with the policies and goals of ORS 342.943;

(c) Describe Technical Assistance to be provided by the Sponsoring Organization to Member Organization that will assist in the implementation of activities identified in Professional Learning Plans;

(d) Identify responsibilities of the required Regional Educator Network coordinator and the amount of assigned FTE;

(e) Identify leveraged resources and additional partner contributions;

(f) Articulate how funding will be used to support the work of the Regional Educator Network and Member Organizations;

(g) Develop a communication and engagement plan that describe how the Sponsoring Organization will engage and communicate with the Coordinating Body, Member Organizations and network members to coordinate efforts across the region to strengthen the Regional Educator Network; and

(h) Span a minimum of four years.

(2) Sponsoring Organizations must submit the Regional Plan to the Educator Advancement Council. Each biennium the Educator Advancement Council staff will announce a deadline for submission of the Regional Plan.

(3) Educator Advancement Council staff will review and evaluate if a Regional Plan meets the requirements of subsection (1) of this rule and make recommendations to the Educator Advancement Council whether a plan should be approved. A Regional Plan will be approved if the plan meets the requirements of subsection (1) of this rule.

(4) Sponsoring Organizations may amend an approved plan so long as the amendment is done in consultation with the Educator Advancement Council staff and the amended plan is approved by the Council as required under subsection (1) of this rule.

(5) If a REN Plan is not approved by the Council, the EAC staff will notify the Sponsoring Organization in writing that includes a rationale for why the plan was not approved.

(a) Within 60 days of receiving written notice, the Sponsoring Organization must submit a revised plan to the Educator Advancement Council for review.

(b) The Educator Advancement Council will approve the proposed revisions submitted if the plan meets the requirements of subsection (1) of this rule.

History

Statutory/Other Authority: ORS 342.940 & ORS 324.943
Statutes/Other Implemented: ORS 342.940 & ORS 324.943
ODE 24-2025, amend filed 05/16/2025, effective 05/16/2025
ODE 147-2019, adopt filed 10/24/2019, effective 10/24/2019
ODE 19-2019, temporary adopt filed 05/20/2019, effective 05/20/2019 through 11/15/2019

Or. Admin. R. 581-012-0013 Regional Education Network Capacity Grants

(1) For each biennium, the Educator Advancement Council will review the formula used to determine the total amount of funds to be made available to the Sponsoring Organization as Capacity Grants. The Educator Advancement Council may update the formula.

(2) The Oregon Department of Education will distribute funds from the Educator Advancement Fund to each Sponsoring Organization according to the direction of the Educator Advancement Council.

(3) Capacity Grants shall be used for the following purposes:

(a) Staffing, supplies, and travel costs for at least one dedicated Regional Educator Network staff person to work with Member Organizations in the region and convene network members;

(b) Costs related to convening the Coordinating Body, including costs for travel and actual costs of hiring substitutes for teachers; and

(c) Contracts for services provided by an outside entity to the Sponsoring Organization for facilitation or support for Regional Plan implementation.

(4) Sponsoring Organizations must separately account for funding received under this section and must submit an expenditure report to the Educator Advancement Council upon request by the Council.

(5) If a Sponsoring Organization does not spend all of the allotted funds in the given biennium, the Educator Advancement Council will direct the Department of Education to reallocate the funds to one or more of the other Regional Educator Networks or hold the funds in the Educator Advancement Fund to be distributed in the following biennium.

History

Statutory/Other Authority: ORS 342.940 & ORS 324.943
Statutes/Other Implemented: ORS 342.940 & ORS 324.943
ODE 24-2025, amend filed 05/16/2025, effective 05/16/2025
ODE 147-2019, adopt filed 10/24/2019, effective 10/24/2019
ODE 19-2019, temporary adopt filed 05/20/2019, effective 05/20/2019 through 11/15/2019

Or. Admin. R. 581-012-0015 Regional Educator Network Formula Funding

(1) For each biennium, the Educator Advancement Council will review the formula used to determine the total amount of funds to be made available to the Sponsoring Organizations. The Educator Advancement Council may update the formula. Formula funding is for use by eligible Member Organizations to support Educators they employ within the Regional Educator Network based on data provided by the Oregon Department of Education.

(2) The Oregon Department of Education will distribute funds from the Educator Advancement Fund to each Sponsoring Organization according to the direction of the Educator Advancement Council.

(3) Sponsoring Organizations must expend funds received under this section in accordance with the Regional Educator Network Request for Applications issued by the Educator Advancement Council and the Regional Plan developed and approved under 581-012-0011.

(4) The purpose of Formula Funds is to support Educators employed by eligible Member Organizations with costs associated with the delivery and implementation of educator support and services that work towards building Educator knowledge, skills and dispositions and are identified in the Educator Advancement Council- approved regional plan. Services and support must align to the Educator Advancement Council’s career continuum, which includes Educator recruitment pathways and preparation, support for novice teachers and administrators, and professional growth and advancement opportunities for Educators. Formula funds can be used to support:

(a) School or district sub-grants to eligible Member Organizations for implementation of school or district improvement strategies identified in the Regional Plan;

(b) Regional strategy facilitation costs of implementing regional facilitation of improvement strategies identified in the Regional Educator Network Plan; and

(c) Design Team and networked learning convening costs including travel reimbursement and substitute reimbursement to school districts.

(5) Formula Funds cannot be used for students services or supports. Allowable costs for Formula Funds include:

(a) Staffing or contracted services delivered by the Sponsoring Organization to member organizations to build capacity. Services can include Technical Assistance, coaching, or training that supports the implementation of the Regional Plan;

(b) Program materials, supplies, and instructional materials required for the implementation of the Professional Learning Plan;

(d) Training or conference fees; and

(e) Substitute reimbursement to School Districts.

(6) Sponsoring Organizations must separately account for funding received under this section and must submit an expenditure report to the Educator Advancement Council upon request by the Council.

(7) If a Regional Educator Network does not spend all of the allotted funds in the given biennium, the Educator Advancement Council will direct the Oregon Department of Education to hold the funds in the Educator Advancement Fund. The Educator Advancement Council may then allocate those funds for any of the purposes identified in OAR 581-012-0005.

History

Statutory/Other Authority: ORS 342.940 & ORS 324.943
Statutes/Other Implemented: ORS 342.940 & ORS 324.943
ODE 24-2025, amend filed 05/16/2025, effective 05/16/2025
ODE 147-2019, adopt filed 10/24/2019, effective 10/24/2019
ODE 19-2019, temporary adopt filed 05/20/2019, effective 05/20/2019 through 11/15/2019

Or. Admin. R. 581-012-0017 Other Investments

(1) The Educator Advancement Council may make other investments at the direction of the legislature or at the discretion of the Educator Advancement Council.

(2) The Oregon Department of Education will distribute funds according to the direction of the Educator Advancement Council.

History

Statutory/Other Authority: ORS 342.940 & ORS 324.943
Statutes/Other Implemented: ORS 342.940 & ORS 324.943
ODE 147-2019, adopt filed 10/24/2019, effective 10/24/2019
ODE 19-2019, temporary adopt filed 05/20/2019, effective 05/20/2019 through 11/15/2019

Or. Admin. R. 581-012-0019 Reporting: Regional Educator Network

Prior to the end of each fiscal year, a Regional Educator Network receiving funds from the Educator Advancement Fund must submit to the Educator Advancement Council:

(1) An expenditure report; and

(2) Audited financial statements.

(3) A report on progress toward goals and locally identified metrics in the regional plan and other metrics identified by the Educator Advancement Council.

History

Statutory/Other Authority: ORS 342.940 & ORS 324.943
Statutes/Other Implemented: ORS 342.940 & ORS 324.943
ODE 147-2019, adopt filed 10/24/2019, effective 10/24/2019
ODE 19-2019, temporary adopt filed 05/20/2019, effective 05/20/2019 through 11/15/2019

Division 13 RULES IMPLEMENTING BALLOT MEASURE 98 (2016)

Or. Admin. R. 581-013-0005 Definitions

The following definitions apply to OAR 581-013-0005 to 581-013-0035:

(1) “Career Technical Education” or “CTE” means content, programs, and instructional strategies based on business and industry workplace skills and technical skill sets and needs. Instruction incorporates standards-based academic content, technical skills and workplace behaviors necessary for success in careers of the 21st century. Career Technical Education:

(a) Provides individuals with coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare students for their career pathway;

(b) Provides technical skill proficiency and may provide an industry-recognized credential, a post-secondary certificate or degree; and

(c) Includes applied learning that contributes to an individual’s academic and technical knowledge, higher-order reasoning and problem-solving skills, work attitudes and general employability skills.

(2) “CTE program” means a CTE Program of Study or CTE Start-up Program.

(3) “CTE Program of Study” means a sequence of courses, aligned to industry standards at the secondary and post-secondary level that integrates technical and career skill proficiencies with relevant academic content. A CTE Program of Study prepares students for the workplace, further education, training, and community roles. A CTE Program of Study is approved by the Oregon Department of Education.

(4) “CTE Start-up Program” means an intentional plan approved by ODE to develop a CTE Program of Study within an ODE agreed upon timeline. The program includes initial course(s), connections to economic need, and a proposed alignment to a community college CTE program.

(5) “Charter school” means a public charter school operating pursuant to ORS Chapter 338.

(6) “Dual credit courses” means dual credit courses, sponsored dual credit courses, and assessment based learning credit as those terms are defined by the Oregon Higher Education Coordinating Commission.

(7) “English Language Learner” or “ELL” means a child whose native language is other than English or who speaks a language other than English in the child’s home.

(8) “ESD” means education service district as defined in ORS 334.003.

(9) “Establish” means create or implement new programs, activities, or services for students.

(10) “Evidence-based” means an activity, strategy, or intervention that

(a) Demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on:

(A) Strong evidence from at least one well-designed and well-implemented experimental study;

(B) Moderate evidence from at least one well-designed and well-implemented quasi-experimental study using a large or multi-site sample; or

(C) Promising evidence from at least one well-designed and well-implemented correlational study with statistical controls for selection bias; or

(b) (A) Demonstrates a rationale based on high quality research findings or positive evaluation that such activity, strategy, or intervention adheres to antidiscrimination laws, and is likely to improve student outcomes or other relevant outcomes based on a well-specified logic model informed by research or an evaluation that suggests how the intervention will improve relevant outcomes; and

(B) Includes ongoing efforts to examine, evaluate and reflect upon the effectiveness of such activity, strategy, or intervention on the intended outcomes.

(11) “Expand” means to increase the course offerings, course participation, supports for students, activities, or services available to students or increase the number of students served.

(12) “Extended ADMw” means the extended weighted average daily membership computed as provided in ORS 327.013(1)(c).

(13) “High School Graduation and College and Career Readiness Fund” means the fund established by section 1, chapter 1, Oregon Laws 2017.

(14) “Historically and traditionally marginalized students” means English language learners, Black and African American students, American Indian and Alaskan Native students, Latino and Hispanic students, Asian and Pacific Islander students, Multi-racial students, students experiencing poverty, and students with disabilities.

(15) “Historically underrepresented populations” means demographic groups whose representation in CTE, science, technology, engineering and math fields, college-level educational opportunities, does not mirror the demographics of the school building.

(16) “School district” means a common or union high school district, the Oregon School for the Deaf, an education program under the Youth Corrections Education Program or the Juvenile Detention Education Program, and a school district or education service district that is providing the educational services for a long-term care or treatment facility .

(17)“Long term care or treatment facility” means an eligible day treatment program or an eligible residential treatment program for which payment of the costs of education is provided as described in ORS 343.961 (2).

History

Statutory/Other Authority: Ch. 1 Oregon Laws 2017, Section 1
Statutes/Other Implemented: Ch. 1 Oregon Laws 2017, Section 1
ODE 17-2026, amend filed 04/21/2026, effective 04/21/2026
ODE 144-2019, minor correction filed 10/03/2019, effective 10/03/2019
ODE 12-2018, amend filed 04/27/2018, effective 04/27/2018
ODE 3-2017, f. & cert. ef. 3-1-17

Or. Admin. R. 581-013-0010 Equity Lens

(1) The Oregon Department of Education will apply the equity lens adopted by the Oregon Department of Education when reviewing biennial plans submitted by school districts or charter schools and when monitoring and providing technical assistance to school districts or charter schools.

(2) In determining how to spend funds from the High School Graduation and College and Career Readiness Fund, a school district or charter school shall identify which students or population of students are most at risk of not graduating or being ready for college or career. In making this determination, the school district or charter school shall apply an equity lens and review student data disaggregated by student population including historically and traditionally marginalized and historically underrepresented students. The district or charter school may use an equity lens that has been adopted by the school district or the equity lens that has been adopted by the Oregon Department of Education.

History

Statutory/Other Authority: Sec. 1, Ch. 1 & OL 2017
Statutes/Other Implemented: Sec. 1, Ch. 1 & OL 2017
ODE 3-2017, f. & cert. ef. 3-1-17

Or. Admin. R. 581-013-0015 Fund Administration

(1) For each biennium, the Oregon Department of Education shall determine the total amount of funds to be apportioned among the eligible school districts and charter schools for the biennium.

(2) For purposes of establishing the amount of grant funds apportioned to eligible applicants, the Oregon Department of Education will use the most current finalized ADMw from the State School Fund from the year prior to the start of the biennium.

(3) If an eligible applicant experiences an increase in their 9-12 student enrollment, they may submit a request for recalculation to the Oregon Department of Education by April 30 of each even numbered year.

(4) Grant recipients will be eligible to expend funds until June 30 of year two of the biennium. Any allocated funds that are not used by a grant recipient by June 30 in year two of the biennium will be returned to the High School Graduation and College and Career Readiness Fund for distribution in the next biennium.

(5) Funds received by a school district or charter school under this section must be separately accounted for and must be used in accordance with the school district or charter school’s approved biennial plan.

(6) In the case of a public charter school closure that impacts a sponsoring district’s allocation, the Department will determine the best way to reapportion funds based on the timing of the closure, context, and communication with the closing charter school and the sponsoring district. The Department may;

(a) Allocate what have been apportioned to the charter school to the sponsoring district at the same time as the district allocations are made.

(b) Allocate what would have been apportioned to the charter school to the charter schools successor entity.

(c) Return the apportioned amount to the Statewide Education Initiatives Account for reallocation in a subsequent fiscal year.

History

Statutory/Other Authority: ORS 327.800 & ORS 327.820
Statutes/Other Implemented: ORS 327.800 & ORS 327.820
ODE 26-2025, amend filed 05/20/2025, effective 05/20/2025
ODE 59-2024, amend filed 12/11/2024, effective 12/11/2024
ODE 3-2023, amend filed 01/24/2023, effective 01/24/2023
ODE 17-2019, amend filed 05/17/2019, effective 05/17/2019
ODE 3-2017, f. & cert. ef. 3-1-17

Or. Admin. R. 581-013-0020 Eligibility

The Oregon Department of Education shall allocate the High School Graduation and College and Career Readiness Fund based on the following criteria:

(1) The following entities are able to receive funding from the High School Graduation and College and Career Readiness Fund:

(a) School districts;

(b) Charter schools that serve students in grades 9 through 12; and

(A) The ESD provides services for an education program under the Youth Corrections Education Program or the Juvenile Detention Education Program; or

(B) The ESD provides the educational services for a long term care or treatment facility; or

(C) The ESD is coordinating a regional effort on behalf of a consortium of two or more school districts or charter schools, submitting a biennial plan on behalf of the consortium, and acting as the fiscal agent for the consortium.

(2) For the school year 2018-19 and biennia thereafter, to be eligible to receive an allocation from the High School Graduation and College and Career Readiness Fund a school district or charter school must prepare a biennial plan that meets the requirements of OAR 581-013-0025 and is approved by the Oregon Department of Education.

(3) For the 2017-18 school year, to be eligible to receive an allocation from the High School Graduation and College and Career Readiness Fund a school district or charter school must have submitted a written request to the Oregon Department of Education using the template developed by the Oregon Department of Education.

History

Statutory/Other Authority: Sec. 1, Ch. 1, Oregon Laws 2017
Statutes/Other Implemented: Sec. 1, Ch. 1, Oregon Laws 2017
ODE 17-2026, amend filed 04/21/2026, effective 04/21/2026
ODE 12-2018, amend filed 04/27/2018, effective 04/27/2018
ODE 3-2017, f. & cert. ef. 3-1-17

Or. Admin. R. 581-013-0025 Biennial Plan

(1) School districts and charter schools must prepare a biennial plan that addresses proposed spending of High School Graduation and College and Career Readiness Fund monies.

(a) An ESD may prepare a biennial plan on behalf of an education program under the Youth Corrections Education Program or the Juvenile Detention Education Program.

(b) School districts and charter schools may collaborate and submit one plan on behalf of multiple participants.

(2) The biennial plan must:

(a) Cover a minimum of four years but may be longer. The biennial plan submitted in 2018 need only cover three years but may be longer;

(b) Comply with the requirements of section 2017 OL 615, Section 7 (Enrolled HB 2246);

(c) Prioritize spending on programs that serve those students identified by the school district as most at-risk of not graduating or being college or career ready, historically and traditionally marginalized and historically underrepresented;

(d) Identify resources and specific strategies for historically and traditionally marginalized students and historically underrepresented students and demonstrate what will be accomplished;

(e) Identify supports for teachers, counselors, and administrators to implement specific strategies; and

(f) Identify projections for disaggregated targets related to graduation; student participation in and completion of CTE and dual credit, advanced placement, International Baccalaureate, or comparable college-level courses; improvements in attendance; student progress towards career pathways; and projections for “Freshman-on-Track;”

(g) Demonstrate coordination between the areas of spending.

Each biennium the Department will announce a deadline for biennial plan submission.

(4) The Oregon Department of Education must review biennial plans submitted by each district to determine whether the plan should be approved. Plans will be approved if they meet the requirements of (2) of this rule.

(5) School districts, charter schools, and ESDs may amend an approved biennial plan so long as the amendment is done in consultation with the Oregon Department of Education and the amended biennial plan is approved by the Oregon Department of Education as required in subsection (2) of this rule.

History

Statutory/Other Authority: OL 2017, Sec. 1 & Ch. 1
Statutes/Other Implemented: Sec. 1, Ch. 1 & OL 2017
ODE 12-2018, amend filed 04/27/2018, effective 04/27/2018
ODE 3-2017, f. & cert. ef. 3-1-17

Or. Admin. R. 581-013-0030 Reporting

(1) Prior to the end of each fiscal year, a school district, charter school, or ESD that has received funds from the High School Graduation and College and Career Readiness Fund must file with the Oregon Department of Education

(a) An expenditure report; and

(b) Verification that monies from the High School Graduation and College and Career Readiness Fund were used to establish or expand programs, opportunities, or strategies under section 1, chapter 1, Oregon Laws 2017 and were not used to maintain programs, opportunities, or strategies established prior to December 8, 2016, except when a use is necessary to replace the loss or expiration of time-limited grants, federal funds, and funds that support extended co-enrollment programs in effect prior to December 8, 2016.

(2) Prior to the end of each biennium, a school district, charter school, or ESD that has received funds from the High School Graduation and College and Career Readiness Fund must report to the Oregon Department of Education progress toward the agreed upon targets in the approved biennial plan.

History

Statutory/Other Authority: Sec. 1, Ch. 1 & OL 2017
Statutes/Other Implemented: Sec. 1, Ch. 1 & OL 2017
ODE 3-2017, f. & cert. ef. 3-1-17

Or. Admin. R. 581-013-0035 Monitoring and Technical Assistance

(1) To ensure the High School Graduation and College and Career Readiness Fund improves student’s progress towards graduation beginning with grade 9, graduation rates, and college and career readiness, the Oregon Department of Education will monitor the following

(a) Participating school district, charter school, or ESD’s spending to ensure that spending aligns with the school district, charter school, or ESD’s approved biennial plan; and

(b) Progress on targets identified by the school district, charter school, or ESD in the biennial plan and on multiple-measure indicators designated by the Oregon Department of Education as reflecting college and career readiness.

(2) The Oregon Department of Education will rely on formative and summative reporting on spending and progress on targets and indicators.

(3) At the end of each fiscal year the Oregon Department of Education shall identify school districts, charter schools, and ESDs that are not spending High School Graduation and College and Career Readiness Fund monies in accordance with the school district, charter school, or ESD’s approved biennial plan. The Oregon Department of Education shall partner and collaborate with the identified school districts, charter schools, and ESDs to ensure monies from the High School Graduation and College and Career Readiness Fund are being spent appropriately and, if necessary, direct the expenditure of funds or revise the school district, charter school, or ESD’s biennial plan.

(4) At the end of each biennium, the Oregon Department of Education shall identify school districts and charter schools that are not making progress on the targets identified in the school district, charter school, or ESD’s approved biennial plan or on the multiple-measure indicators designated by the Oregon Department of Education as reflecting college and career readiness. The Oregon Department of Education shall partner and collaborate with the identified school districts, charter schools, and ESDs to determine the specific interventions and technical assistance to be provided. The interventions and technical assistance must

(a) Include application of the equity lens adopted by the Oregon Department of Education; and

(b) Be individualized based on the school district, charter school, or ESD’s needs and unique student population.

History

Statutory/Other Authority: Sec. 1, Ch. 1 & OL 2017
Statutes/Other Implemented: Sec. 1, Ch. 1 & OL 2017
ODE 3-2017, f. & cert. ef. 3-1-17

Division 14 STUDENT INVESTMENT ACCOUNT

Or. Admin. R. 581-014-0001 Definitions for Student Investment Account

The following definitions apply to OAR 581-014-0001 to 581-014-9999:

(1) “ADMw” means the extended weighted average daily membership computed as provided in ORS 327.013(1)(c).

(2) “Economically Disadvantaged Students” means students who meet one or more of the following qualifications:

(a) are participating in Supplemental Nutrition Assistance Program funded by the United States Department of Agriculture;

(b) are participating in the Temporary Assistance for Needy Families program as defined in Title IV of the Social Security Act;

(d) are migratory students; or

(e) are students who are homeless.

(3) “Eligible Applicant” means an applicant as defined in ORS 327.185(1) including YCEP and JDEP programs, the Oregon School for the Deaf, and a school district or education service district that is providing the educational services for an eligible day treatment program or an eligible residential treatment program for which payment of the costs of education is provided as described in ORS 343.961 (2).

(4) “Foster Students” as defined in ORS 30.297(5)(c).

(5) “Justice Involved Youth” means a student who is pre or post adjudication, been or currently detained in a secure juvenile justice facility, and/or been or currently placed in a community juvenile justice program.

(6) “LGBTQ2SIA+ Students” means students who may have one or multiple gender identities and/or sexual orientations including lesbian, gay, bisexual, pansexual, transgender, nonbinary, queer, questioning, two-spirit, intersex, and asexual. The plus sign (“+”) recognizes and includes the myriad ways to describe marginalized gender identities and sexual orientations.

(7) “Migratory Students” means a student who is a migratory worker or whose parent or guardian is a migratory worker in the agricultural, dairy, lumber, or fishing industries and who has moved due to economic necessity between school districts in the last thirty six months, and is eligible to be a part of the Title 1-C Migrant Education Program.

(8) “Spring Membership” means the data report that represents students attending public schools and programs on the first school day in May, as derived from the 3rd period cumulative average daily membership collection. Rules governing the Spring Membership report are contained in the most recent edition of the Oregon Student Membership Manual, published by the Oregon Department of Education.

(9) “Students Recently Arrived” means a student who was NOT born in any state or US Territory and who has not been attending one or more schools in any one or more state for more than three full academic years.

(10) “Students from Racial or Ethnic Groups that Have Historically Experienced Academic Disparities” includes, but is not limited to American Indian and Alaska Native (AI/AN and AI/AN+) students, Black and African American students, Hispanic and Latino students, Asian students, Native Hawaiian and Pacific Islander students, and multiracial students, and any other racial or ethnic group identified by the school district as historically experienced academic disparities.

(11) “Student Investment Account” means the account as established in ORS 327.175.

(12) “Students who are Homeless” has the same meaning as in section 725 of the McKinney-Vento Act, 42 USC § 11434a (2).

(13) “Students who are Pregnant, Parenting, and/or Students who Experience any Pregnancy-related Condition” means students who are pregnant for any length of time, or who are actively caring for a child, whether biologically related to them or otherwise. This includes students with pregnancy-related conditions, including, but not limited to loss or termination of a pregnancy, childbirth, lactation, and/or mental health conditions.

(14) “Students with Disabilities” means a child with a disability as defined in ORS 343.035(1).

History

Statutory/Other Authority: ORS 327.175 – 327.235
Statutes/Other Implemented: ORS 327.175 – 327.235
ODE 17-2026, amend filed 04/21/2026, effective 04/21/2026
ODE 19-2024, amend filed 04/24/2024, effective 04/24/2024
ODE 57-2022, amend filed 12/20/2022, effective 12/20/2022
ODE 41-2022, temporary amend filed 07/06/2022, effective 07/06/2022 through 01/01/2023
ODE 35-2022, amend filed 06/23/2022, effective 06/23/2022
ODE 37-2020, temporary amend filed 09/18/2020, effective 09/18/2020 through 03/16/2021
ODE 6-2020, adopt filed 03/20/2020, effective 03/20/2020
ODE 149-2019, temporary adopt filed 10/24/2019, effective 10/24/2019 through 04/20/2020

Or. Admin. R. 581-014-0004 Fund Administration for Student Investment Account

(1) For each biennium, the Oregon Department of Education will determine the amount of grant funds from the Student Investment Account to be apportioned among eligible applicants.

(3) If an eligible applicant experiences an increase in their K-12 student enrollment, they may submit a request for recalculation to the Oregon Department of Education by April 30 of each even numbered year.

(4) For the fiscal biennia ending on or prior to June 30, 2027, if a school district has an ADMw of 50 or less, it will receive an allocation based on an ADMw of 50.

(5) If an eligible applicant does not apply for a grant from the Student Investment Account by the close of the application period, the amount of their grant funds will revert to the Student Investment Account and be reallocated within the grant award cycle. An eligible applicant that does not apply for a grant will be eligible in the next application process for the Student Investment Account.

(6) Following approval of the grant agreement, an eligible recipient will receive payments of at least 12.5 percent on a quarterly basis per biennial allocation. If adjustments to installment payments are required, a lower percentage may be used.

(7) Grant recipients will be eligible to expend funds until June 30 of year two of the biennium. Any allocated funds that are not used by a grant recipient by June 30 of year two of the biennium will be returned to the Student Investment Account for distribution in the next biennium.

(8) Funds received by a grant recipient under this section must be separately accounted for and must be used in accordance with the recipient’s grant agreement for the Student Investment Account. A grant recipient may use funds for administrative costs, including indirect costs, directly related to allowed expenditures as provided in the grant agreement. Administrative costs are limited to five percent of the total expenditures or $500,000 annually, whichever is less. Any administrative costs incurred by a participating charter school must be accounted for within the sponsoring school district’s overall limit of five percent or $500,000, whichever is less.

(9) The Deputy Superintendent of Public Instruction shall resolve any issues arising from the administration of the Student Investment Account grants not specifically addressed by this rule. The Deputy Superintendent of Public Instruction's determination shall be final.

(10) In the case of a public charter school closure that impacts a sponsoring district’s allocation, the Department will determine the best way to reapportion funds based on the timing of the closure, context, and communication with the closing charter school and the sponsoring district. The Department may;

(a) Allocate what have been apportioned to the charter school to the sponsoring district at the same time as the district allocations are made.

(b) Allocate what would have been apportioned to the charter school to the charter schools successor entity.

(c) Return the apportioned amount to the Statewide Education Initiatives Account for reallocation in a subsequent fiscal year.

History

Statutory/Other Authority: ORS 327.175 – 327.235
Statutes/Other Implemented: ORS 327.175 – 327.235
ODE 17-2026, amend filed 04/21/2026, effective 04/21/2026
ODE 26-2025, amend filed 05/20/2025, effective 05/20/2025
ODE 59-2024, amend filed 12/11/2024, effective 12/11/2024
ODE 1-2023, amend filed 01/24/2023, effective 01/24/2023
ODE 23-2021, amend filed 06/22/2021, effective 06/22/2021
ODE 6-2020, adopt filed 03/20/2020, effective 03/20/2020
ODE 149-2019, temporary adopt filed 10/24/2019, effective 10/24/2019 through 04/20/2020

Or. Admin. R. 581-014-0007 Charter School Eligibility for Student Investment Account

Before each application cycle, the Department of Education will publish a list of public charter schools that meet the eligibility requirements of ORS 327.185. The Department will make the determination of eligibility based on the most recent finalized Spring Membership report.

History

Statutory/Other Authority: ORS 327.185
Statutes/Other Implemented: ORS 327.185
ODE 58-2022, temporary amend filed 12/20/2022, effective 12/20/2022 through 06/17/2023
ODE 6-2020, adopt filed 03/20/2020, effective 03/20/2020
ODE 149-2019, temporary adopt filed 10/24/2019, effective 10/24/2019 through 04/20/2020

Or. Admin. R. 581-014-0010 Reduction of Distribution Appeal Process

(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;

(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.

History

Statutory/Other Authority: ORS 327.201
Statutes/Other Implemented: ORS 327.201
ODE 23-2021, adopt filed 06/22/2021, effective 06/22/2021

Or. Admin. R. 581-014-0013 Performance Review Standards

(1) Grantees will be required to have a performance review conducted at least once every four years.

(2) If the department requires a specific financial audit as part of the performance review, the audit must meet the current Generally Accepted Governmental Accounting Standards issued by the US Government Accountability Office also known as GAGAS or Yellow Book Standards for program effectiveness audits as well as the International Professional Practices Framework issues by the Institute of Internal Auditors.

(3) Performance audits, as part of performance reviews, will be inclusive of the following content areas in determining effectiveness of the grantees SIA plan:

(a) Ongoing community engagement: Evidence that the grantee has established meaningful, ongoing and authentic opportunities for focal group students, families, and school employees to engage in the SIA planning, implementation and evaluation processes informed by prevailing ODE Guidance.

(b) Education equity in practice:

(A) Evidence that the grantee has prioritized resources to improve mental or behavioral health needs for all focal group students the recipient serves.

(B) Evidence that the grantee has developed and implemented policies, where applicable, to remove barriers that prevent focal group students from accessing mental or behavioral health services.

(C) Evidence that the grantee has prioritized resources to improve academic outcomes for all focal group students the recipient serves.

(D) Evidence that the grantee has developed and implemented policies, where applicable, to remove barriers that prevent focal group students from accessing advanced courses and opportunities for well-rounded educational experiences.

(A) Evidence that the grantee has established processes to review.

(i) Longitudinal Performance Growth Targets;

(ii) Progress Markers;

(iii) Local Optional Metrics;

(iv) Other local measures of student behavior and academic performance.

(B) Evidence that the grantee has established processes to make necessary adjustments to strategies, resource allocation and policies to continue to meet the aims of the SIA.

History

Statutory/Other Authority: ORS 327.201
Statutes/Other Implemented: ORS 327.201
ODE 23-2021, adopt filed 06/22/2021, effective 06/22/2021

Or. Admin. R. 581-014-0016 Just Cause and Random Audit Process

(1) The Department may request a copy of a grantees’ most recent performance review, including any financial or performance audits, for just cause for the following reasons:

(a) A complaint filed with the department that information reported to the department in either the performance review or programmatic and/or financial progress reports is intentionally inaccurate or misrepresentative of actual SIA activities, performance measures, and/or expenditures; or

(b) Repeated reporting of activities and expenditures through either programmatic and/or financial progress reports or municipal audit that are not part of an approved SIA Plan or SIA Plan Amendment.

(2) The Department may request a copy of a grantees’ most recent performance review and related audits on random basis for review:

(a) Random selection of a grantee for performance audit review will be conducted through a randomized process that does not include metrics such as longitudinal performance growth targets, local optional metrics, or accountability measures.

(b) Grantees selected for a random audit review will be exempt from random audit review for a period not to exceed six years from the date of any initial findings and given findings are remedied. Grantees may still be subject to just cause audit review during this time.

(3) The Department will limit random audits to no more than ten grantees in an annual year.

(4) The Department shall notify grantees they have been selected for a just cause or random audit review. Notice shall include:

(a) Date for performance audit to be submitted by; and

(b) Reason for request of the performance audit. If the reason for the audit is due to a credible complaint no information regarding the identity of the individual(s) will be provided to the recipient except as required by law.

(5) The grantee will have 45 days from the date of receipt of the notice of audit to respond to the department.

(6) The Department will conduct an initial review of the materials provided and issue preliminary audit findings within 60 days if no additional materials are required from the grantee. If additional materials are needed the Department will notify the grantee of the amount additional time anticipated to review the materials.

(7) Upon the conclusion of the audit the Department will issue a letter to the grantee. That letter will contain:

(a) Summary of the department findings; and

(b) If there are identified findings of non-compliance then the letter will also include next steps as outlined in section 15 of the Student Success Act to address any identified audit findings.

History

Statutory/Other Authority: ORS 327.201
Statutes/Other Implemented: ORS 327.201
ODE 23-2021, adopt filed 06/22/2021, effective 06/22/2021

Or. Admin. R. 581-014-0019 Community Engagement

(1) For the purposes of a Student Investment Account Grant Application eligible applicants must show input in the strategic planning process as set forth in ORS 327.185 (6)(b). As part of that input, eligible applicants should engage, to the extent possible, with focal group students and families, including:

(a) Students from racial or ethnic groups that have historically experienced academic disparities;

(b) Students who identify as American Indian/Alaska Native, alone or in combination with other races and ethnicities, and are enrolled members of federally-recognized tribal nations;

(d) Students who are navigating houselessness;

(e) Students in foster care;

(f) Economically disadvantaged students;

(g) Students who may identify as LGBTQ2SIA+;

(h) Students recently arrived;

(i) Migratory students;

(j) Students navigating the justice system;

(k) Emerging bilingual students; and

(l) Students who are currently pregnant and/or parenting.

(2) Applicants may also identify other student groups to include for the purpose of input in the strategic planning process set forth in ORS 327.185 (6)(b) that meet the following criteria for students that have experienced historic and current academic disparities resulting from:

(a) Immutable characteristics;

(b) Socio-economic status;

(d) Disability;

(e) Barriers to accessing education due to mental or behavioral health challenges;

(f) Or any combination thereof.

(3)(a) Focal groups identified in sections 1 and 2 above not captured in current ODE data collections may, but shall not be required to, be included in the development of the Longitudinal Performance Growth Targets as defined in ORS 327.190(3).

(b) As data is required to be collected that may further identify focal group students as delineated above those groups shall then be included, to the extent possible, in the development of Longitudinal Performance Growth Targets.

History

Statutory/Other Authority: ORS 327.175 – 327.235
Statutes/Other Implemented: ORS 327.175 – 327.235
ODE 19-2024, amend filed 04/24/2024, effective 04/24/2024
ODE 35-2022, adopt filed 06/23/2022, effective 06/23/2022

Or. Admin. R. 581-014-0022 Definitions of Optional Targets for Mental and Behavioral Health for the Student Investment Account

(1) “Local optional metrics” means metrics that an eligible applicant establishes in addition to required metrics.

(2) “Optional progress markers” means a set of indicators that identify changes in policies, practices, behaviors, and approaches over a period of time.

(3) “Optional Targets” mean quantitative or qualitative information that names how an eligible applicant can determine the changes of an investment in mental and behavioral health and is inclusive of local optional metrics and optional progress markers.

(4) “Evidence-based” refers to forms of validation that do not just stem from dominant educational research but include community-driven, indigenous, tribal, culturally-responsive/sustaining/specific, non-dominant and non-Western ways of knowing, being, and researching. Instructional practices, activities, strategies, or interventions that are “evidence-based” should not just privilege scientific evidence, but also be driven by evidence stemming from the perspectives of those affected by those practices, activities, strategies, or interventions.

(5) “Culturally Responsive” means the implicit recognition and incorporation of the cultural knowledge, experience, and ways of being and knowing of students in teaching, learning and assessment. This includes identifying, valuing, and maintaining high commitment to: students’ cultural assets in instruction and assessment; diverse frames of reference that correspond to multifaceted cultural perspectives/experiences; and behaviors in the classroom that can differ from White-centered cultural views of what qualifies as achievement or success.

(6) “Disaggregated Data” means data that has been divided into detailed categories such as, but not limited to, geographic region, race, ethnicity, English fluency, disabilities, gender, socioeconomic status, etc. It can reveal inequalities and gaps between different categories that aggregated data cannot. The accuracy and quality of this data is also dependent on data collection, analysis and decision-making practices that may be biased towards the values of the dominant, White-centered education system, and therefore require critical reflection on whether focal group issues are truly emerging through the disaggregated data and how intersecting.

(7) “Social Emotional Learning” is the process through which children and adults learn to pay attention to their thoughts and emotions, develop an awareness and understanding of the experience of others, cultivate compassion and kindness, learn to build and maintain healthy relationships, and make positive, prosocial decisions that allow them to set and achieve their positive goals.

(8) “Trauma-Informed Principles and Practices” refers to a strengths-based, person-centered framework that recognizes the physical, psychological, spiritual, and emotional impacts of trauma, and prioritizes creating safe spaces to promote healing. It recognizes and honors the inherent strengths, resilience and funds of knowledge within each person, and works to increase awareness of how these assets can be accessed, within the trusting spaces of human relationships, to promote healing and flourishing.

(9) “Well-being” refers to the quality of social life, encompassing physical, mental, and emotional health.

(10) “Belonging” is the feeling of security and support when there is a sense of acceptance, inclusion, and identity for a member of a certain group that is free from discrimination or harassment based on perceived race, color, religion, gender identity, sexual orientation, disability, or national origin, and without fear or hatred, racism, or violence. It is a feeling that cannot be easily measured empirically and concept that can go beyond equity and inclusion in trying to describe the heart of understanding human experience and how different groups can participate and contribute to a community, school, institution, or setting.

(11) “School Culture” is the shared values, beliefs, behaviors, rules, relationships, and teaching and learning pedagogies that encompass the physical and social environment.

(12) “School Climate” refers to whether the social and educational environment of a school creates a positive setting for learning, academic achievement, and student growth.

(13) “Systems of Care” means a coordinated systems of services and supports to students and their families that includes but is not limited to education, mental health, behavioral health, child welfare, disability services, that integrates care planning and management across multiple levels, that is culturally and linguistically competent, and designed to build meaningful partnerships with students and families.

(14) “Whole Child” refers to attending the all of the needs of student, including but not limited to health, nutrition, social and emotional learning, physical environment, available health services, family and community involvement, and academics.

(15) “School Safety and Prevention Systems” refers to systems that provide for the health and well-being of students by offering a multi-tiered system of supports ranging from universal prevention to crisis response intervention.

History

Statutory/Other Authority: ORS 327.190
Statutes/Other Implemented: ORS 327.190
ODE 54-2022, adopt filed 12/19/2022, effective 12/19/2022

Or. Admin. R. 581-014-0025 Purpose of Optional Targets for Mental and Behavioral Health for the Student Investment Account

(1) This rule set establishes optional targets related to student mental and behavioral health outcomes eligible applicants may consider setting to monitor and evaluate Student Investment Account investments in mental and behavioral health. Optional targets are inclusive of local optional metrics and optional progress markers as named in the definition section.

(2) Local optional metrics are designed to allow eligible applicants to set and monitor metrics that are connected to expected outcomes set forward in an eligible applicants’ plan.

(3) Optional progress markers are sets of indicators set forth in an eligible applicants’ plan that identify the kinds of changes that ODE would expect to see in policies, practices, behaviors, and approaches over time that lead to an eligible applicant reaching planned outcomes.

(4) Optional targets are intended to provide grantees with a means to address how investments might show positive impacts in student and/or educator well-being, belonging, and health which could include a measure of school culture or climate. Any optional targets addressing social emotional learning, trauma-informed principles and practices, systems of care, the whole child, and/or school safety and prevention systems could be included.

History

Statutory/Other Authority: ORS 327.190
Statutes/Other Implemented: ORS 327.190
ODE 54-2022, adopt filed 12/19/2022, effective 12/19/2022

Or. Admin. R. 581-014-0028 Optional Targets Criteria for Mental and Behavioral Health for the Student Investment Account

(1) Eligible applicants can develop optional targets to monitor student, staff, and system changes that meet the following criteria:

(a) Are measurable in a consistent way each time new data is available;

(b) Are evidence-based;

(d) Are culturally responsive;

(e) Align with the purpose of optional targets; and

(f) Connect to an investment.

(2) Optional targets not meeting these criteria must be approved by ODE prior to an SIA grant agreement being executed.

History

Statutory/Other Authority: ORS 327.190
Statutes/Other Implemented: ORS 327.190
ODE 54-2022, adopt filed 12/19/2022, effective 12/19/2022

Or. Admin. R. 581-014-0031 Optional Targets Administration & Reporting for Mental and Behavioral Health for the Student Investment Account

(1) Established optional targets are required to be included in an eligible applicants’ grant agreement and must adhere to the requirements for grant agreements pursuant to ORS 327.190.

(2)(a)Optional targets must be reviewed at least annually by the eligible applicant.

(b) Optional targets, for which the data necessary to review are available only once a biennium, must be approved by ODE prior to a grant agreement being executed.

(3) Beginning in 2023, eligible applicants’ must report progress on optional targets as part of the annual report and must adhere to the requirements for annual reports pursuant to ORS 327.201.

History

Statutory/Other Authority: ORS 327.190
Statutes/Other Implemented: ORS 327.190
ODE 54-2022, adopt filed 12/19/2022, effective 12/19/2022

Or. Admin. R. 581-014-9999 Definitions for Student Investment Account: Third Grade Reading Proficiency

History

Statutory/Other Authority: Sec. 10, Ch. 122, OL 2019
Statutes/Other Implemented: Sec. 10, Ch. 122, OL 2019
ODE 152-2019, adopt filed 12/16/2019, effective 12/16/2019

Division 15 SPECIAL EDUCATION

Or. Admin. R. 581-015-2000 Definitions

The definitions below apply to OARs 581-015-2000–581-015-2999, unless the context indicates otherwise.

(1) "Adult student" is a student for whom special education procedural safeguard rights have transferred as described in OAR 581-015-2325.

(2) "Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.

(3) "Assistive technology service" means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes:

(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;

(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;

(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

(d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(e) Training or technical assistance for a child with a disability or, if appropriate, that child's family; and

(f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child.

(4) “Audiological assessment” means an assessment given by an audiologist licensed under ORS chapter 681 or by the appropriate authority in another state.

(5)(a) "Children with disabilities" or "students with disabilities" means children or students evaluated in accordance with OAR 581-015-2100 through 581-015-2180 as having autism spectrum disorder; speech or language impairment; deafblindness; developmental delay; emotional behavior disability; deaf or hard of hearing; intellectual disability; orthopedic impairment; other health impairment; specific learning disability; traumatic brain injury; or visual impairment, including blindness, and who, by reason thereof, need special education and related services.

(A) If it is determined through an appropriate evaluation in accordance with OAR 581-015-2100 through 581-015-2180, that a child has one of the disabilities identified above, but only needs a related service and not special education, the student is not a student with a disability under this OAR.

(B) If, consistent with OAR 581-015-2000, the related service required by the child is considered special education rather than a related service, the child would be determined to be a child with a disability under this OAR.

(b) The terms used in the definition of a child with a disability are defined as follows:

(A) “Autism Spectrum Disorder” means a developmental disability that includes persistent deficits in social communication and social interaction across multiple contexts; and restricted, repetitive patterns of behavior, interests, or activities. Characteristics are generally evident before age three but may not become fully evident until social demands exceed limited capacities, or may be masked by learned strategies. Characteristics cause educationally and developmentally significant impairment in social, occupational, or other important areas of current functioning. The term does not apply if a child's educational performance is adversely affected primarily because the child has an emotional behavior disability. However, a child who qualifies for special education under the category of autism spectrum disorder may also have an emotional behavior disability as a secondary disability if the child meets the criteria under emotional behavior disability. The term “Autism Spectrum Disorder” is equivalent to the term “autism” used in 34 CFR § 300.8.

(B) "Deaf or Hard of Hearing" means an impairment in hearing, whether permanent or fluctuating, that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification.

(i) For early intervention: This impairment in hearing must currently affect or have the potential to significantly affect an infant or toddler’s developmental progress. The infant or toddler's hearing level does not need to be presently affecting their development for the infant or toddler to be eligible for early intervention services.

(ii)For early childhood and school age special education:This impairment in hearing must adversely affect the child's developmental progress (age 3 through 5) or educational performance (age 5 through 21).

(C) "Deafblindness" means having both hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems needs that the child cannot be accommodated in special education programs designed solely for students who are deaf or hard of hearing or have a visual impairment.

(D) "Developmental Delay" means:

(i) For early intervention,2 standard deviations or more below the mean in one or more of the developmental areas, or 1.5 standard deviations below the mean in two or more of the developmental areas;

(ii) For early childhood and school age special education,1.5 standard deviations or more below the mean in two or more of the developmental areas;that

(I) For age 3 to kindergarten, adversely affects the child's developmental progress;

(II) For kindergarten through age 9, adversely affects the student's educational performance.

(iii) For the purposes of this definition, the developmental areas are: cognitive development, physical development, communication development, social or emotional development, and adaptive development.

(E) "Emotional Behavior Disability" means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:

(i) An inability to learn that cannot be explained by intellectual, sensory, or health factors;

(ii) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

(iii) Inappropriate types of behavior or feelings under normal circumstances;

(iv) A general pervasive mood of unhappiness or depression; or

(v) A tendency to develop physical symptoms or fears associated with personal or school problems;

(vi) The term includes schizophrenia but does not apply to children who are socially maladjusted, unless it is determined that they have an emotional behavior disability.

(F) "Intellectual Disability" means significantly subaverage general intellectual functioning, and includes a student whose intelligence test score is two or more standard deviations below the norm on a standardized individual intelligence test, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, and that adversely affects a child's educational performance.

(G) "Orthopedic Impairment" means a motor disability that adversely affects the infant or toddler's development or a child’s educational performance. The term includes impairments caused by an anomaly, disease or other conditions (e.g., cerebral palsy, spina bifida, muscular dystrophy or traumatic injury).

(H) "Other Health Impairment" means limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that:

(i) Is due to chronic or acute health problems (e.g., a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, attention deficit disorder, attention deficit hyperactivity disorder, leukemia, Tourette's syndrome, or diabetes); and

(ii) Adversely affects a child's educational performance.

(I) "Specific Learning Disability" means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. Specific learning disability includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, intellectual disability, emotional behavior disability, or of environmental, cultural, or economic disadvantage.

(J) "Speech or Language Impairment" means the impairment of speech articulation, voice, fluency, or the impairment or deviant development of language comprehension and/or expression, or the impairment of the use of a spoken or other symbol system that adversely affects educational performance. The language impairment may be manifested by one or more of the following components of language: morphology, syntax, semantics, phonology, and pragmatics.

(K) "Traumatic Brain Injury" means an acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both. The term includes open or closed head injuries resulting in impairments in one or more areas, including cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem-solving; sensory, perceptual, and motor abilities, psychosocial behavior, physical functions, information processing, and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma. Students with brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma, are not eligible under the category of traumatic brain injury but may be eligible under a different category.

(i) For early intervention: The infant or toddler’s disability does not need to be presently affecting their development for the infant or toddler to be eligible for early intervention services.

(ii) For early childhood and school age: The acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's developmental progress (age 3 to 5) or educational performance (age 5 to 21).

(L) "Visual Impairment" means an impairment in vision that, even with correction, adversely affects a child's educational performance. The term visual impairment includes low vision, total blindness, limited visual acuity after correction, restricted visual field, and progressive eye conditions.

(6) "Consent" means that:

(a) The parent or adult student has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language or other mode of communication;

(b) The parent or adult student understands and agrees in writing to the carrying out of the activity for which consent is sought; and the consent describes that activity and lists any records that will be released and to whom; and

(c) The parent or adult student understands that the granting of consent is voluntary and may be revoked at any time in accordance with OAR 581-015-2090(4) or 581-015-2735.

(7) "Day" means calendar day unless otherwise indicated as:

(a) "Business day," which means Mondays through Fridays, other than holidays; or as

(b) "School day," which means any day, including partial days that children are in attendance at school for instructional purposes. The term "school day" has the same meaning for all children in school, including those with and without disabilities.

(8) "Department" means the Oregon Department of Education.

(9) “Developmental History” means gathering information regarding the following: the child’s prenatal and birth history, including prenatal exposure to alcohol, prescription and non-prescription medications, or other drugs; meeting of developmental milestones; socialization and behavioral patterns; health and physical/medical history; family and environmental factors; home and educational performance; trauma or significant stress experienced by the child; and the display of characteristics of any additional learning or behavioral problems.

(10) "EI/ECSE" means early intervention/early childhood special education and refers to services or programs for infants, toddlers, and preschool children with disabilities.

(11) "Elementary or secondary school or facility" means a school or facility with any combination of grades K through 12.

(12) "Evaluation" means procedures used to determine whether the child has a disability, and the nature and extent of the special education and related services that the child needs.

(13) "General education curriculum" means the same curriculum as for children without disabilities. For preschool children with disabilities, the term means age-appropriate activities.

(14) "Homeless children" (or "homeless youth") has the same meaning as in section 725 of the McKinney-Vento Act, 42 USC § 11434a (2).

(15) "Identification" means the process of determining a child's disability and eligibility for special education and related services.

(16) "Individualized Education Program" (IEP) means a written statement of an educational program which is developed, reviewed, revised and implemented for a school-aged child with a disability.

(17) "Individualized Family Service Plan" (IFSP) is defined in OAR 581-051-2700.

(18) "Limited English proficient" has the same meaning as in the Elementary and Secondary Education Act, 20 USC § 9101(25).

(19) "Mediation" means a voluntary process in which an impartial mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such a time as a resolution is agreed to by the parties or the mediation process is terminated.

(20) "Medical Examination" means an examination conducted by:

(a) A physician licensed under ORS chapter 677 or by the appropriate authority in another state;

(b) A naturopathic physician licensed under ORS chapter 685 or by the appropriate authority in another state;

(d) A physician associate licensed under ORS 677.505 to 677.525 or by the appropriate authority in another state.

(21) "Native language", when used with respect to a person who is limited English proficient, means the language normally used by that person or, in the case of a child, the language normally used by the parent of the child. For an individual who is deaf or hard of hearing, with blindness, with deafblindness or with no written language, the term means the mode of communication normally used by the person (such as sign language, Braille, or oral communication). In direct contact with a child, the term means the language normally used by the child.

(22) "Parent" means:

(a) One or more of the following persons:

(A) A biological or adoptive parent of the child;

(B) A foster parent of the child;

(D) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or

(E) A surrogate parent who has been appointed in accordance with OAR 581-015-2320, for school-age children, or 581-015-2760 for preschool children.

(b) Except as provided in subsection (c), if more than one party is qualified under subsection (a) to act as a parent and the biological or adoptive parent is attempting to act as the parent, the biological or adoptive parent is presumed to be the parent unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.

(c) If a judicial decree or order identifies a specific person under subsection (a) to act as the parent of a child or to make educational decisions on behalf of a child, then that person will be the parent for special education purposes.

(23) "Participating agency" means a state or local agency, other than the school district responsible for a student's education that is financially and legally responsible for providing transition services to the student.

(24) "Personally identifiable information" means information as defined in the Family Educational Rights and Privacy Act (FERPA), found at 34 CFR 99.3, which includes, but is not limited to:

(a) The name of the child, the child's parent, or other family member;

(b) The address of the child or the child’s family;

(d) Other indirect identifiers, such as the child’s date of birth, place of birth, and mother’s maiden name;

(e) Other information that alone or in combination is linked or linkable to a specific child that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the child with reasonable certainty; or

(f) Other information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

(25) "Placement" means educational placement, not social service placement by a state agency.

(26) "Preschool child" means "preschool child with a disability" as defined under OAR 581-015-2700.

(27) "Private school" means an educational institution or agency not operated by a public agency.

(28) "Public agency" means a school district, an education service district, a state agency or institution, EI/ECSE contractor or subcontractor, responsible for early intervention, early childhood special education or special education.

(29) "Related services" includes transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education, and includes orientation and mobility services, speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation including therapeutic recreation, school health services and school nurse services, counseling services including rehabilitation counseling services, social work services in schools, parent counseling and training, school health services and medical services for diagnostic or evaluation purposes, and includes early identification and assessment of disabling conditions in children. This definition incorporates the exception for services for children with surgically implanted devices, including cochlear implants, in 34 CFR § 300.34(b) and the definitions for individual related services in 34 CFR § 300.34(c).

(30) "School age child or children" means a child or children who have reached 5 years of age but have not reached 21 years of age on or before September 1 of the current school year.

(31) “Scientifically Based Research” is defined in section 9101(37) of the Elementary and Secondary Education Act of 1965, as amended ESEA.

(32) School district" means the public education agency (school district, ESD, or state agency) that is responsible by statute, rule or contract for providing education to children with disabilities.

(33) "Services plan" is defined in OAR 581-015-2450.

(34) “Sheltered Workshop” is a facility in which individuals with disabilities, including intellectual or developmental disabilities, are congregated for the purpose of receiving employment services and performing work tasks for pay at the facility. A Sheltered Workshop primarily employs these individuals with the exception of service support staff. A Sheltered Workshop is a fixed site that is owned, operated, or controlled by a provider, where an individual has few or no opportunities to interact with nondisabled individuals, except paid support staff. A Sheltered Workshop is not Small Group Employment in an Integrated Employment Setting as defined in Executive Order 15-01, and is not otherwise an Integrated Employment Setting as defined in Executive Order 15-01.

(35) "Short term objectives" means measurable intermediate performance steps that will enable parents, students and educators to gage, at intermediate times during the year, how well the child is progressing toward the annual goals by either:

(a) Breaking down the skills described in the goal into discrete components, or

(b) Describing the amount of progress the child is expected to make within specified segments of the year.

(36) "Special education" means specially designed instruction that is provided at no cost to parents to meet the unique needs of a child with a disability. “Special education” includes instruction that:

(a) May be conducted in the classroom, the home, a hospital, an institution, a special school or another setting; and

(b) May involve physical education services, speech-language services, transition services or other related services designated by rule to be services to meet the unique needs of a child with a disability.

(37) "Specially designed instruction" means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction:

(a) To address the unique needs of the child that result from the child's disability; and

(b) To ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children.

(38) "Supplementary aids and services" means aids, services and other supports that are provided in regular education classes or other education-related settings and in extracurricular and nonacademic settings to enable children with disabilities to be educated with children without disabilities to the maximum extent appropriate.

(39) "Superintendent" means the State Superintendent of Public Instruction or the designee of the State Superintendent of Public Instruction.

(40) "Surrogate parent" means an individual appointed under OAR 581-015-2320 for school age children or 581-015-2760 for preschool children who acts in place of a biological or adoptive parent in safeguarding a child's rights in the special education decision-making process.

(41) "Transition services" means a coordinated set of activities for a student with a disability that:

(a) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student to facilitate the student's movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

(b) Is based on the individual student's needs, taking into account the student's preferences and interests; and

(A) Instruction;

(B) Related services;

(D) The development of employment and other postschool adult living objectives; and

(E) If appropriate, acquisition of daily living skills and functional vocational evaluation; and

(d) May be special education, if provided as specially designed instruction, or related services, if required to assist a student with a disability to benefit from special education.

(42) “Vision examination” means an examination conducted by;

(a) A person licensed to practice optometry under ORS chapter 683 or by the appropriate authority in another state; or

(b) A physician who specializes in ophthalmology and who is licensed under ORS chapter 677 or by the appropriate authority in another state.

(43) "Ward of the state" means child who is in the temporary or permanent custody of, or committed to, the Department of Human Services or Oregon Youth Authority through the action of the juvenile court

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.155 & 343.223
Statutes/Other Implemented: ORS 343.045, 343.155, 343.223, 34 CFR 300.5, 300.6, 300.8, 300.11, 300.15, 300.19, 300.22, 300.27, 300.28, 300.29, 300.30, 300.34, 300.37, 300.39, 300.42, 300.43 & 300.45
ODE 11-2025, minor correction filed 03/13/2025, effective 03/13/2025
ODE 24-2023, amend filed 12/08/2023, effective 12/08/2023
ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 118-2019, amend filed 09/09/2019, effective 09/09/2019
ODE 24-2019, temporary amend filed 07/01/2019, effective 07/01/2019 through 12/27/2019
ODE 14-2019, amend filed 05/17/2019, effective 05/17/2019
ODE 13-2019, amend filed 05/17/2019, effective 07/01/2019
ODE 10-2019, temporary amend filed 03/25/2019, effective 03/25/2019 through 05/16/2019
ODE 24-2018, amend filed 06/28/2018, effective 06/29/2018
ODE 9-2015, f. & cert. ef. 7-13-15
ODE 47-2014, f. & cert. ef. 12-17-14
ODE 41-2014(Temp), f. & cert. ef. 9-8-14 thru 3-7-15
ODE 29-2013, f. & cert. ef. 12-18-13
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
ODE 12-2011, f. & cert. ef. 10-31-11
ODE 13-2009, f. & cert. ef. 12-10-09
ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08
Renumbered from 581-015-0005, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 10-2000, f. & cert. ef. 5-3-00
EB 22-1995, f. & cert. ef. 9-15-95
EB 18-1994, f. & cert. ef. 12-15-94
EB 9-1993, f. & cert. ef. 3-25-93
EB 16-1992, f. & cert. ef. 5-13-92
EB 25-1991(Temp), f. & cert. ef. 11-29-91
EB 3-1990, f. & cert. ef. 1-26-90
EB 28-1989(Temp), f. & cert. ef. 10-16-89
EB 18-1989, f. & cert. ef. 5-15-89
EB 39-1988(Temp), f. & cert. ef. 11-15-88
1EB 5-1985, f. 1-30-85, ef. 1-31-85
Reverted to 1EB 5-1980, f. 2-22-80, ef. 2-23-80
1EB 18-1983(Temp), f. & ef. 12-20-83
1EB 5-1980, f. 2-22-80, ef. 2-23-80
1EB 18-1979(Temp), f. & ef. 11-15-79
1EB 35-1978, f. & ef. 10-5-78
1EB 8-1978, f. & ef. 3-3-78

Or. Admin. R. 581-015-2005 Criteria for Approving School District Special Education Programs

(1) School districts operating or initiating special education programs must have their programs approved by the State Superintendent of Public Instruction in order to qualify such programs for state reimbursement. As part of this process, districts must subscribe to the following:

(a) In accordance with OAR 581-015-2245, school districts must ensure that a continuum of alternative placements is available to meet the individual special education and related services needs of all children with disabilities for whom the district is responsible pursuant to ORS 339, OAR 581-021-0019, or open enrollment under section 9, chapter 718, Oregon Laws 2011. For all school purposes residency for children with disabilities enrolled in charter schools is determined in accordance with ORS Chapter 338.

(b) Special education must be established and conducted as an integral part of the district's regular school program.

(2) In addition, the school district must have on file with the Oregon Department of Education a set of assurances and other documentation as required that ensure district compliance with requirements set forth in Oregon Revised Statutes and Oregon Administrative Rules for the education of children with disabilities.

History

Statutory/Other Authority: ORS 343.041 & 343.045
Statutes/Other Implemented: ORS 343.221
ODE 12-2015, f. & cert. ef. 7-15-15
ODE 38-2014(Temp), f. & cert. ef. 9-3-14 thru 3-2-15
ODE 8-2012, f. & cert. ef. 2-17-12
ODE 10-2011(Temp), f. & cert. ef. 8-23-11 thru 2-19-12
ODE 10-2007, f. & cert. ef. 4-25-07, Renumbered from 581-015-0035
ODE 2-2003, f. & cert. ef. 3-10-03
1EB 48-1978, f. & cert. ef. 11-17-78
1EB 269, f. & cert. ef. 12-22-77
1EB 248, f. & cert. ef. 9-23-76, Renumbered from 581-022-0175
1EB 208, f. 12-19-75, cert. ef. 1-16-76

Or. Admin. R. 581-015-2010 Census and Data Reporting

(1) Each school district must report to the Department all children with disabilities, for whom the district has responsibility for FAPE, who have been identified, located and evaluated and are receiving early intervention, early childhood special education or special education from a public or private educational program on December 1 of each school year.

(2) Charter School Students. Each school district in which a charter school is located reports children with disabilities enrolled in the charter schools located in the district and receiving services described in (1), regardless of parental residency. Residency for children enrolled in charter schools is determined in accordance with ORS Chapter 338.

(3) If no children have been identified, located, and evaluated as being disabled, school districts must report this fact.

(4) Private School Students. Each school district must conduct an annual count of the number of private school children as follows:

(a) On October 1 of each year, each school district must count all children attending private schools located within the boundaries of the district.

(b) On December 1 of each year, each school district must count all parentally placed children with disabilities attending non-profit private schools located within the boundaries of the district, in accordance with OAR 581-015-2475, whether or not these children are receiving equitable special education services as described in OAR 581-015-2460.

(5) School districts must report to the Department additional data as required by the Department for the preparation of reports to federal or state agencies. The Department will notify school districts of additional data needed to meet the requirements of federal or state law and the applicable reporting dates.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055;
Statutes/Other Implemented: ORS 343.155, 34 CFR 300.137 & 139
ODE 12-2015, f. & cert. ef. 7-15-15
Reverted to ODE 8-2012, f. & cert. ef. 2-17-12
ODE 38-2014(Temp), f. & cert. ef. 9-3-14 thru 3-2-15
ODE 8-2012, f. & cert. ef. 2-17-12
ODE 10-2011(Temp), f. & cert. ef. 8-23-11 thru 2-19-12
Renumbered from 581-015-0038, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2000, f. & cert. ef. 2-1-00

Or. Admin. R. 581-015-2015 General Supervision

(1) “General Supervision” means a system that enables the Department to monitor whether the requirements of the Individuals with Disabilities Education Act (IDEA), Oregon Revised Statutes (ORS), and Oregon Administrative Rules (OAR) are being effectively implemented by school districts and programs in compliance with legal and regulatory requirements.

(2) The requirements described in this rule apply to each school district or program involved in the education of children or students with disabilities.

(3) School districts and programs involved in the education of children or students with disabilities shall undertake activities of General Supervision as directed by the Department, including but not limited to, the following activities:

(a) Development and review of policies and procedures that document compliance with the requirements in IDEA, ORS, and OAR Chapter 581;

(b) Collection, validation, and submission of data on processes and results;

(c) Integrated monitoring activities, including but not limited to, district and program self-assessment, data collection, analysis and reporting, on-site visits, review of policies and procedures, review of the development and implementation of IEPs and IFSPs, improvement planning, corrective action, and auditing federal fund use;

(d) Participation in effective dispute resolution including but not limited to mediation as described in OAR 581-015-2335, due process hearings as described in OAR 581-015-2345, and state complaints as described in OAR 581-015-2030;

(e) Compliance with any corrective actions required through state complaints and due process decisions; and

(f) Participation in universal, targeted, and intensive technical assistance and professional development.

(4) The Department may provide, or make available the provision of, universal, targeted, and intensive technical assistance, coaching, and professional development to support district and program capacity to meet general supervision requirements.

(5) The Department shall notify any school district or program of any noncompliance identified through the General Supervision system, in writing, within three months of its identification. This notification shall include any required corrective action to be completed by the district or program and the timeline within which corrective action must be completed.

(6) Notwithstanding section (5) above, the Department shall notify any school district or program of any noncompliance identified through the General Supervision system within 30 days of its identification when the Department determines that the noncompliance could cause a student to be denied 10 or more instructional days (whether partial or full days) consecutively or cumulatively within any one school year, as compared to the majority of general education students who are in the same grade within the attending school district or program as the child or student with a disability. This notification shall include any required corrective action to be completed by the district or program and the timeline within which corrective action must be completed.

(7) In determining the corrective action the school district or program must complete, the Department may consider a variety of factors, including but not limited to whether the noncompliance:

(a) Was extensive or found in only a small number or percentage of files;

(b) Resulted in the denial of free appropriate public education, parent participation, or placement in the least restrictive environment as required by the IDEA; and/or

(c) Represents an isolated incident in the school district or program, or reflects a longstanding failure to meet IDEA requirements.

(8) When a school district or program is notified of noncompliance, the school district or program must correct the noncompliance, including completing any corrective action required by the Department, as soon as possible, and in no case later than one year after it was identified.

(9) Notwithstanding section (8) above, identified noncompliance must be corrected as soon as possible, and in no case later than 60 days after the Department notifies the school district or program of noncompliance that could cause a student to be denied 10 or more instructional days (whether partial or full days) consecutively or cumulatively within any one school year, as compared to the majority of general education students who are in the same grade within the attending school district or program as the child or student with a disability.

(10) To demonstrate that the school district or program has corrected the noncompliance identified by the Department, a school district or program must:

(a) Correct each individual case of noncompliance, unless the child or student is no longer within the jurisdiction of the school district or program;

(b) Implement changes to policies, procedures, and/or practices that contributed to or resulted in the identified noncompliance, if needed; and

(c) Submit updated data as required by the Department to document that the school district or program is correctly implementing the specific regulatory requirements related to the identified noncompliance.

(11) After the time periods specified in Sections (8) or (9) to correct identified non-compliance have passed, if the school district or program has adequately corrected, the Department will verify correction of noncompliance based on evidence according to subsection (10) above, will notify school districts and programs regarding correction status, and may require further action from school districts or programs based on the Department’s determination.

(12) School districts and programs that do not complete corrective actions and/or correct noncompliance may be subjected to enforcement measures, including but not limited to additional reporting requirements, technical assistance, a corrective action plan or improvement plan, conditions on funding, and/or withholding funds, in whole or in part, by the Department.

(13) The Department shall make determinations annually about the performance of each local education agency consistent with the requirements of the Individuals with Disabilities Education Act at 34 C.F.R. § 300.600(a)(2).

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.041 & 343.055
ODE 36-2022, amend filed 06/23/2022, effective 06/23/2022
Renumbered from 581-015-0048, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
EB 11-1995, f. & cert. ef. 5-25-95
EB 6-1993, f. & cert. ef. 2-11-93
1EB 15-1983, f. 11-23-83, ef. 11-25-83

Or. Admin. R. 581-015-2020 Recovery of Funds for Misclassified Children

(1) School districts must ensure that children identified on the special education child count under Part B of the Individuals with Disabilities Education Act are limited to eligible children.

(2) For purposes of this rule, an "eligible child" means a child aged three through school-age who:

(a) Is determined to be a child with a disability under OAR 581-015-2130 to 581-015-2180;

(b) Has a current IEP or IFSP that provides for special education and related services that is being implemented; and

(3) For the purposes of this rule, an "ineligible child" means a child for whom one or more of the requirements in subsection (2) is not met.

(4) The Department may recover funds for ineligible children included on a district's special education child count.

History

Statutory/Other Authority: ORS 343.041 & 343.055
Statutes/Other Implemented: ORS 343.243
Renumbered from 581-015-0049, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2025 Advanced Payment to School Districts for Special Education Programs

(1) In accordance with ORS 343.670, the Department may make advance payments to a school district or education service district that operates a special education program approved by the State Superintendent of Public Instruction.

(2) Advance payments paid by the Oregon Department of Education to the school or education service district will be made quarterly.

(3) The first three advance payments will be calculated either upon the district's reimbursement for the prior year or the district's estimated costs for special education for the coming school year, at the discretion of the Department.

(4) The fourth payment will be based upon the district's approved reimbursement for the current claim less the three advance payments.

(5) In no event will the fourth payment be remitted until the Department has completed the final auditing of a district's claim.

History

Statutory/Other Authority: ORS 343.041 & 343.055
Statutes/Other Implemented: ORS 343.670
Renumbered from 581-015-0057, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
1EB 14-1979, f. 10-4-79, ef. 10-5-79
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2030 Procedures for Complaints as Required by IDEA Regulations

(1) An organization or individual, including an organization or individual from another state, may file with the State Superintendent of Public Instruction a written, signed complaint that the Department, or a sub grantee, including but not limited to a regional program, an education service district or a local education agency is violating or has violated the Individuals with Disabilities Education Act or regulations under that Act.

(2) The complainant must send a copy of the complaint to the public agency serving the child at the same time the complainant files the complaint with the Department.

(3) Upon receipt of a complaint under this provision, the Department will provide a copy of the Notice of Procedural Safeguards to a parent or adult student who files a complaint.

(4) If a complaint alleges violations outside the scope of the Individuals with Disabilities Education Act, the complainant will be informed of alternative procedures that are available to address the complainant's allegations.

(5) The complaint must allege a violation that occurred not more than one year before the date that the complaint is received by the Department

(6) The complaint must include the facts on which the complaint is based. If the facts as alleged by the complainant would be considered a violation of the Individuals with Disabilities Education Act:

(a) The Superintendent will request the public agency to respond to the allegations. The Superintendent (or designee) may also initiate attempts to resolve the complaint through mediation or alternative dispute resolution, including local resolution.

(b) The respondent must respond to the allegations and furnish any information or documents requested by the Superintendent within ten business days from the receipt of request for response from the Superintendent unless another time period is specified by the Superintendent. At the same time, the respondent must send a copy of the response and documents to the complainant. If the complainant does not otherwise have access to confidential information in the response, the respondent must provide the complainant with the non-confidential portion(s) of the response.

(7) The Superintendent will give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint or the public agency's response. The complainant must provide a copy of any further written information to the public agency that is the subject of the complaint, unless it would be a hardship to do so. In those situations, the Department will provide a copy of the written information to the public agency.

(8) The Superintendent will review all of the written information submitted by the complainant and the public agency to resolve the allegations in the complaint.

(9) The Superintendent may conduct further investigation, such as telephone or onsite interviews, to the extent necessary to resolve the complaint allegations.

(10) If a written complaint is received that is also the subject of a due process hearing under OAR 581-015-2345, or contains multiple issues of which one or more are part of that hearing, the Superintendent will set aside any part of the complaint that is being addressed in the due process hearing, until the conclusion of the hearing. Any issue in the complaint that is not a part of the due process hearing will be resolved using the time limit and procedures in this rule.

(11) If an issue raised in a complaint has previously been decided in a due process hearing involving the same parties, the hearing decision is binding and the Superintendent will inform the complainant to that effect. A complaint alleging a school district's failure to implement a due process decision will be resolved by the Superintendent.

(12) The Superintendent will issue a written decision that addresses each allegation in the complaint and contains findings of fact, conclusions, and reasons for the Department's final decision within 60 days of receipt of the complaint unless:

(a) Exceptional circumstances related to the complaint require an extension; or

(b) The complainant and public agency agree in writing to extend the time to try mediation or local resolution.

(13) If the Superintendent finds a violation, the Superintendent's written decision will include any necessary corrective action to be undertaken as well as any documentation to be supplied by any party to ensure that the corrective action has occurred. If the decision is that a school district has failed to provide appropriate services, the Superintendent will address:

(a) How to remediate the failure to provide those services, including, as appropriate, compensatory education, monetary reimbursement or other corrective action appropriate to the needs of the child; and

(b) Appropriate future provision of services for all children with disabilities.

(14)(a) Parties may seek judicial review of the final order under ORS 183.484. Judicial review may be obtained by filing a petition for review within 60 days of service of the final order with the Marion County Circuit Court or with the Circuit Court for the County where the party resides.

(b) Pursuant to OAR 137-004-0080 and ORS 183.484(2), a party to the complaint may request reconsideration of the final order by the Superintendent within 60 days after the date of the order. Except as provided in this subsection, the Superintendent and a party seeking reconsideration shall follow the procedure for reconsideration described in OAR 137-004-0080.

(c) Notwithstanding OAR 137-004-0080, the Superintendent may not stay a final order upon request by a party and any party subject to Corrective Action resulting from the order must commence the Corrective Action according to the final order.

(15) Corrective action ordered by the Superintendent must be completed within the timelines established in the final order unless another time period is specified by the Department.

(16) At any time during the pendency of the complaint, if the Superintendent determines that there is a strong likelihood that the respondent has significantly breached the Individuals with Disabilities Education Act and that delay may cause irreparable harm, the Superintendent may order interim relief.

(17) If the respondent refuses to voluntarily comply with a plan of correction when so ordered, the Superintendent may take one or more of following actions:

(a) Disapprove in whole or part, the respondent's application for federal funding;

(b) Withhold or terminate further assistance to the respondent for an approved project;

(d) Order, in accordance with a final state audit resolution determination, the repayment of specified federal funds; and

(e) Withhold all or part of a district's basic school support in accordance with ORS 327.158.

(18) Before the Superintendent denies or withholds funding or orders reimbursement as provided in section (17) of this rule, the Superintendent will notify the respondent of the right to request a hearing in accordance with ORS 183.415.

(a) The hearing request must be made to the Superintendent within 30 days of receiving notice;

(b) The Superintendent will appoint a hearings officer who will conduct the hearing in accordance with ORS 183.413 to 183.470;

(d) The Superintendent's decision is final, subject to appeal to the United States Secretary of Education or the Oregon Court of Appeals.

(19) No person may be subject to retaliation or discrimination for having filed or participated in this complaint procedure. Any person who believes that she or he has been subject to retaliation or discrimination may file a complaint under this rule with the Superintendent.

History

Statutory/Other Authority: ORS 343.041
Statutes/Other Implemented: ORS 343.041, 34 CFR 300.151-153 & 34 CFR 300.504(a)(2)
ODE 38-2026, minor correction filed 07/23/2026, effective 07/23/2026
ODE 14-2013, f. & cert. ef. 7-11-13
ODE 9-2013(Temp), f. & cert. ef. 4-9-13 thru 10-6-13
ODE 6-2011, f. & cert. ef. 4-22-11
Renumbered from 581-015-0054, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 29-2000, f. & cert. ef. 12-11-00
ODE 15-1999, f. & cert. ef. 9-24-99, Renumbered from 581-001-0010
EB 8-1993, f. & cert. ef. 3-25-93
EB 35-1992(Temp), f. & cert. ef. 11-24-92
EB 44-1990, f. & cert. ef. 9-12-90
EB 32-1988, f. & cert. ef. 8-3-88
EB 22-1988, f. & cert. ef. 5-24-88
Reverted to 1EB 28-1980, f. & ef. 12-23-80
EB 26-1987(Temp), f. & ef. 11-17-87
1EB 28-1980, f. & ef. 12-23-80

Or. Admin. R. 581-015-2035 Minimum Standards for Sign Language Interpreters Serving Students in Public Schools

(1) Definitions. For purposes of this rule, the following definitions shall apply:

(a) “CI” means Certificate of Interpretation issued by RID.

(b) “CT” means Certificate of Transliteration issued by RID.

(d) “EIPA” means the Educational Interpreter Performance Assessment®, including both the written and performance components.

(e) “NIC” means the National Interpreter Certification by RID.

(f) “Public School” means a public agency or school district or as defined in OAR 581-015-2000.

(g) “RID” means Registry of Interpreters for the Deaf Inc.

(h) “Sign Language Interpreter” means a person who provides educational interpreting services to students with hearing impairments.

(i) “Student” means a student with a hearing impairment who is:

(A) Eligible for EI/ECSE or special education services under OAR 581-015-2150; or

(B) A qualified student with a disability under Section 504 as defined in OAR 581-015-2390.

(2) Minimum Standard. A public school may employ or contract for the services of a sign language interpreter for a student only if the sign language interpreter meets the following minimum standards:

(a) The sign language interpreter must achieve a passing score of 3.5 or above on the EIPA Performance Test or hold RID NIC, CI or CT Certification; and

(b)(A) Hold a Bachelor’s or Associate’s Degree from an Interpreter Education Program or in a related educational field; or

(B) Achieve a passing score on the EIPA Written test.

History

Statutory/Other Authority: ORS 185.225 & ORS 343.041
Statutes/Other Implemented: ORS 185.110 & ORS 185.225
ODE 17-2025, amend filed 03/14/2025, effective 03/14/2025
ODE 44-2024, temporary amend filed 09/19/2024, effective 09/19/2024 through 03/17/2025
ODE 33-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 11-2008, f. & cert. ef. 4-21-08

Or. Admin. R. 581-015-2040 Free Appropriate Public Education (FAPE) and Age Ranges

(1) Except as provided in OAR 581-015-2045, school districts must provide a free appropriate public education all school-age children with disabilities for whom the district is responsible pursuant to ORS 338, ORS 339, OAR 581-021-0019, or open enrollment under section 9, chapter 718, Oregon Laws 2011, "School-age children" are children who have reached five years of age but have not yet reached 21 years of age on or before September 1 of the current school year.

(2) An otherwise eligible person whose 21st birthday occurs during the school year is eligible for FAPE for the remainder of the school year.

(3) The requirements of this rule also apply to children with disabilities who have been suspended or expelled from school in accordance with OAR 581-015-2410 to 581-015-2440.

History

Statutory/Other Authority: ORS 343.055
Statutes/Other Implemented: ORS 338.165, 343.041, 339.115 & 34 CFR 300.101
ODE 12-2015, f. & cert. ef. 7-15-15
Reverted to ODE 8-2012, f. & cert. ef. 2-17-12
ODE 38-2014(Temp), f. & cert. ef. 9-3-14 thru 3-2-15
ODE 8-2012, f. & cert. ef. 2-17-12
ODE 10-2011(Temp), f. & cert. ef. 8-23-11 thru 2-19-12
Renumbered from 581-015-0600, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 3-2000, f. & cert. ef. 2-1-00

Or. Admin. R. 581-015-2045 Age Limitations and Exceptions to FAPE

(1) A district must admit an otherwise eligible student who has not yet reached 21 years of age on or before September 1 of the current school year.

(2) A student who receives a regular high school diploma is no longer entitled to FAPE. A regular education diploma does not include an alternative degree that is not fully aligned with the state’s academic standards, such as a certificate or general educational development credential (GED).

(3) If a school district chooses to provide special education to a student with a regular high school diploma, that student remains eligible for FAPE.

(4) The obligation to make a FAPE available to individuals with disabilities 18 through 21 years old who have been convicted as adults and are incarcerated in an adult correctional facility applies only to those individuals who, in their last educational placement before their incarceration in the adult correctional facility:

(a) Were identified as being a child with a disability as defined in OAR 581-015-2000(4); or

(b) Had an individualized education program.

(5) For purposes of subsection (4) of this rule,

(a) "Adult correctional facility" means:

(A) A local correctional facility as defined ORS 169.005;

(B) A regional correctional facility as defined in ORS 169.620; or

(b) "Identified as being a child with a disability" means has been determined eligible or was involved in the process of determining the individual's disability and eligibility for special education and related services under OAR 581-015-2130 to 581-015-2180; and

History

Statutory/Other Authority: ORS 343.055
Statutes/Other Implemented: ORS 339.115 & 34 CFR 300.102
ODE 19-2020, temporary amend filed 04/23/2020, effective 04/23/2020 through 10/19/2020
Renumbered from 581-015-0601, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 3-2000, f. & cert. ef. 2-1-00

Or. Admin. R. 581-015-2050 Graduation

(1) Graduation with a regular high school diploma under OAR 581-022-2000 constitutes a change in placement, requiring written prior notice in accordance with OAR 581-015-2310.

(2) A school district is not required to conduct a reevaluation before terminating eligibility due to graduation with a regular high school diploma.

(3) In accordance with OAR 581-022-2000, a school district may award an alternative document as described in local school board policies to a student with a disability. Graduation with an alternative document does not terminate eligibility under OAR 581-015-2045(2), require an evaluation. or require written prior notice.

History

Statutory/Other Authority: ORS 343.055
Statutes/Other Implemented: ORS 339.115 & 343.295
ODE 28-2019, minor correction filed 08/07/2019, effective 08/07/2019
Renumbered from 581-015-0602, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 3-2000, f. & cert. ef. 2-1-00

Or. Admin. R. 581-015-2055 Assistive Technology

(1) School districts must ensure that assistive technology devices or assistive technology services, or both, are made available to a child with a disability if required as a part of the child's special education, related services or supplementary aids and services.

(2) On a case-by-case basis, the use of school-purchased assistive technology devices in a child's home or in other settings is required if the child's IEP team determines that the child needs access to those devices to receive a free appropriate public education.

(3) School district policies govern liability, if any, for the loss or damage of assistive technology devices.

(4) School district policies govern transfer of an assistive technology device when a child with a disability using the device ceases to attend school in the district that purchased the device. "Transfer" means the process by which a school district that has purchased an assistive technology device may sell, lease or loan the device for the continuing use of a child with a disability who is ceasing to attend school in the district.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.223
Statutes/Other Implemented: ORS 343.045, 343.223 & 34 CFR 300.105
Renumbered from 581-015-0560, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 34-1999, f. 12-13-99, cert. ef. 12-14-99

Or. Admin. R. 581-015-2060 Accessible Materials

(1) School districts must ensure the timely provision of print instructional materials, including textbooks, that comply with the National Instructional Materials Accessibility Standards (NIMAS) for students who are blind or print disabled, in accordance with OAR 581-022-2355.

(2) School districts must ensure the timely provision of instructional materials in accessible formats to children who need instructional materials in accessible formats, including those who are not blind or print disabled.

History

Statutory/Other Authority: ORS 343.041 & 343.045
Statutes/Other Implemented: ORS 343.045 & 34 CFR 300.172
ODE 29-2019, minor correction filed 08/07/2019, effective 08/07/2019
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2065 Extended School Year Services

(1) School districts must ensure that extended school year services are available as necessary to provide a free appropriate public education to a child with a disability.

(2) Extended school year services must be provided only if the child's IEP team determines, on an individual basis, that the services are necessary for the provision of free appropriate public education to the child.

(3) A school district may not:

(a) Limit extended school year services to particular categories of disability; or

(b) Unilaterally limit the type, amount, or duration of those services.

(4) The purpose of extended school year services is the maintenance of the child's learning skills or behavior, not the teaching of new skills or behaviors.

(5) School districts must develop criteria for determining the need for extended school year services. Criteria must include regression and recoupment time based on documented evidence or, if no documented evidence, on predictions according to the professional judgment of the team.

(6) For the purposes of section (5) of this rule:

(a) "Regression" means significant loss of skills or behaviors in any area specified on the IEP as a result of an interruption in education services;

(b) "Recoupment" means the recovery of skills or behaviors specified on the IEP to a level demonstrated before the interruption of education services.

(7) For the purposes of this rule, "extended school year services" means special education and related services that:

(a) Are provided to a child with a disability:

(A) Beyond the normal school year of the school district;

(B) In accordance with the child's IEP; and

(b) Meet the standards of the Department.

History

Statutory/Other Authority: ORS 343.055 & 343.151
Statutes/Other Implemented: ORS 343.151 & 34 CFR 300.106
Renumbered from 581-015-0605, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 3-2000, f. & cert. ef. 2-1-00

Or. Admin. R. 581-015-2070 Nonacademic Services

(1) School districts must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP team, to provide nonacademic and extracurricular services and activities in a manner to afford children with disabilities an equal opportunity for participation in those services and activities.

(2) Nonacademic and extracurricular services and activities may include meals, recess periods, counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school district, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the school district and assistance in making outside employment available.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.045 & 34 CFR 300.107
Renumbered from 581-015-0062, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 9-2004, f. & cert. ef. 7-9-04
ODE 8-2004(Temp), f. & cert. ef. 5-11-04 thru 10-15-04
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 31-1999, f. 12-13-99, cert. ef. 12-14-99
EB 11-1995, f. & cert. ef. 5-25-95
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2075 Charter Schools

(1) For all school purposes, residency for charter school children is determined in accordance with ORS Chapter 338, revised 2011.

(2) In accordance with procedural safeguards for special education, a school district must serve resident children with disabilities attending public charter schools located in the district in the same manner as the school district serves children with disabilities in other district schools, including but not limited to:

(a) Identifying, locating, and evaluating students, in accordance with OAR 581-015-2100–581-015-2180, to determine which children enrolled in a public charter school may be in need of special education and related services

(b) Implementing special education and related services according to each child’s individual education programs (IEP) in accordance with OAR 581-015-2200–581-015-2230.

(c) Providing supplementary and related services on site at the public charter school to the same extent to which the school district has a policy or practice of providing such services on site to its other public schools.

(3) A school district in which a public charter school is located must provide IDEA funds to those charter schools on the same basis as the school district provides IDEA funds to other public schools in the district, including proportional distribution based on relative enrollment of children with disabilities, at the same time as funds are distributed to other public schools in the district.

(4) When a student enrolls in a public charter school, the school district in which the public charter school is located shall:

(a) Provide written notification of the student’s enrollment to the student in which the student resides;

(b) Request, in accordance with applicable confidentiality provisions in IDEA and OAR 581-015-0220 through 581-015-0400 and 34 CFR §§300.610 through 300.620, the student records of the student, including all information related to an individualized education program developed for the student;

(c) If a student resides in another district, provide written notification to the student’s parent, guardian, or person in parental relationship to provide information about:

(A) The school district’s responsibility to identify, locate and evaluate to determine a student’s need for special education and related services and to provide those special education services in the public charter school; and

(B) The methods by which the school district may be contacted to answer questions or provide information related to special education and related services.

(5) Each school district that receives an individualized education program (IEP) under subsection (4)(b) must, in consultation with the child’s parents, provide a free appropriate public education to the child, in accordance with OAR 581-015-2230(1), until the new district implements the individualized education program from the previous district or develops, adopts and implements a new IEP that meets the applicable requirements. If the information received was in effect in a previous school district in another state, the district will implement it in accordance with OAR 581-015-2230(2).

(6) When a student no longer is enrolled in a public charter school for any reason, the school district in which the public charter school is located shall notify

(a) The school district in which the student resides to provide notice:

(A) that the student no longer is enrolled in the public charter school; and

(B) that the district will provide the student education records including all information related to the student’s individualized education program if the student seeks enrollment or services from the district in which the student resides. Transfer of the information in (6)(b)(ii) is subject to the confidentiality provisions of IDEA and OAR 581-021-0230–581-021-0400.

(b) The student’s parent, guardian or person in parental relationship to provide information about:

(A) The responsibility of the school district in which the student resides to identify, locate and evaluate students and implement services; and

(B) The methods by which the school district in (6)(a) may be contacted to answer questions or provide information about special education and related services.

(C) The responsibility of the district to provide student education records, including all information related to the student’s individualized education program, if the student seeks enrollment or services from another school district, including the parental resident district. Transfer of student education records (6)(b)(ii) is subject to the requirements of IDEA and OAR 581-021-0230–581-021-0400.

History

Statutory/Other Authority: ORS 338.165
Statutes/Other Implemented: ORS 338.165, 343.045 & 34 CFR 300.209
ODE 8-2012, f. & cert. ef. 2-17-12
ODE 10-2011(Temp), f. & cert. ef. 8-23-11 thru 2-19-12
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2080 Child Find

(1) The requirements of this rule apply to all children unless they are no longer entitled to a free appropriate public education under OAR 581-015-2040–581-015-2050.

(2) Pursuant to ORS 338, 339, OAR 581-021-0019, or open enrollment under section 9, chapter 718, Oregon Laws 2011school districts must identify, locate and evaluate all children with disabilities for whom they are responsible, regardless of the severity of the disability, who are in need of early intervention, early childhood special education, or special education services, including:

(a) Highly mobile children with disabilities (such as migrant and homeless children),

(b) Children who are wards of the state;

(d) Children who are suspected of having a disability even though they are advancing from grade to grade;

(e) Children enrolled in public charter schools;

(f) Children who are home schooled;

(g) Children below the age of compulsory school attendance who are not enrolled in a public or private school program; and

(h) Children above the age of compulsory school attendance who have not graduated with a regular high school diploma; and

(i) Children attending private schools, pursuant to OAR 581-015-2085.

(3) For purposes of this rule, residency is determined in accordance with ORS Chapter 339, except for children enrolled in charter schools. Residency for children enrolled in charter schools is determined in accordance with ORS Chapter 338. The district in which the charter school is located is responsible for child find for students enrolled in the charter school regardless of parental resident district.

(4) The district in which the private school is located is responsible for conducting child find activities for all children enrolled in the private school, in accordance with OAR 581-015-2085, regardless of parental resident district.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.157
Statutes/Other Implemented: ORS 343.045, 343.157, 34 CFR 300.111, 34 CFR 303.302 & 34 CFR 301
ODE 12-2015, f. & cert. ef. 7-15-15
Reverted to ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
ODE 38-2014(Temp), f. & cert. ef. 9-3-14 thru 3-2-15
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
ODE 8-2012, f. & cert. ef. 2-17-12
ODE 10-2011(Temp), f. & cert. ef. 8-23-11 thru 2-19-12
Renumbered from 581-015-0037, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 16-2000, f. & cert. ef. 5-23-00
EB 11-1995, f. & cert. ef. 5-25-95
1EB 14-1983, f. 11-23-83, ef. 11-25-83
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2085 Child Find for Children Attending Private Schools

(1) Each school district must locate, identify and evaluate all children with disabilities who are enrolled by their parents in private, including religious, elementary and secondary schools located within the boundaries of the school district.

(2) The child find process for parentally-placed private school children must be designed to ensure the equitable participation of parentally-placed private school children with disabilities and an accurate count of such children.

(3) The school district’s child find activities for parentally-placed private school children must be similar to, and completed within a comparable time period, to child find activities for public school children with disabilities.

(4) The cost of implementing child find activities, including individual evaluations, may not be considered in determining whether a school district has met its obligations to spend a proportionate share under OAR 581-015-2470.

(5) These child find requirements apply to all parentally-placed private school children, including those children who are residents of another state.

(b) Each school district must consult with appropriate representatives of private school children with disabilities on how to carry out these activities, in accordance with OAR 581-015-2480.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.157
Statutes/Other Implemented: ORS 343.045, 343.157 & 34 CFR 300.131
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2090 Consent

(1) Consent means that the parent or adult student:

(a) Has been fully informed, in his or her native language or other mode of communication, of all information relevant to the activity for which consent is sought; and

(b) Understands and agrees in writing to the carrying out of the activity for which his or her consent is sought.

(2) Consent is voluntary on the part of the parent and meets the requirements of the consent provisions of this rule and 34 CFR 300.622 and 34 CFR 99.30 implementing IDEA, and FERPA respectively.

(3) Consent for initial evaluation:

(a) The school district must provide notice under OAR 581-015-2310 and obtain informed written consent from the parent or adult student before conducting an initial evaluation to determine if a child qualifies as a child with a disability under OAR 581-015-2130 through 581-015-2180.

(A) Consent for initial evaluation may not be construed as consent for the initial provision of special education and related services.

(B) The school district must make reasonable efforts to obtain the informed consent from a parent for an initial evaluation to determine a child's eligibility for special education services.

(b) If a parent of a child enrolled in public school or seeking to be enrolled in public school does not provide consent for an initial evaluation, does not respond to a request for consent for an initial evaluation, or revokes consent for an initial evaluation, the school district may, but is not required to, pursue the initial evaluation of the child using mediation or due process hearing procedures. A district does not violate its child find obligations if it declines to pursue the evaluation using these procedures.

(4) Consent for initial provision of services:

(a) A school district must obtain informed consent from the parent of the child before the initial provision of special education and related services to the child.

(b) The school district must make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child.

(c) If a parent or adult student does not respond or refuses to consent for initial provision of special education and related services or revokes consent for the initial provision of special education and related services, the school district may not seek to provide special education and related services to the child by using mediation or due process hearing procedures.

(d) If a parent or adult student refuses to grant consent for initial provision of special education and related services, does not respond to a request to provide such consent, or revokes consent for the initial provision of special education and related services:

(A) The school district will not be considered to be in violation of the requirement to make available a free appropriate public education to the child for the failure to provide the child with the special education and related services for which the school district requests consent; and

(B) The school district is not required to convene an IEP meeting or develop an IEP for the child for the special education and related services for which the school district requests such consent.

(e) If, at any time subsequent to the initial provision of special education and related services, the parent or adult student revokes consent in writing for the continued provision of special education and related services, the school district.

(A) May not continue to provide special education and related services to the student, but must provide prior written notice in accordance with OAR 581-015-2310 before ceasing the provision of special education and related services; and

(B) Is not required to amend the student’s education records to remove any references to the student’s receipt of special education and related services because of the revocation of consent.

(5) Consent for reevaluation:

(a) A school district must obtain informed parent consent before conducting any reevaluation of a child with a disability, except as provided in subsections (b) and OAR 581-015-2095.

(b) If a parent refuses to consent to the reevaluation or revokes consent for the reevaluation, the school district may, but is not required to, pursue the reevaluation by using mediation or due process hearing procedures. A district does not violate its child find obligations if it declines to pursue the reevaluation using these procedures.

(6) Revocation of consent:

(a) A parent or adult student may revoke consent at any time before the completion of the activity or action for which they have given consent.

(A) A parent or adult student may revoke consent for an evaluation or reevaluation that has not yet been conducted.

(B) A parent or adult student may revoke consent for the provision of special education services in writing at any time before or during the provision of those services.

(C) A parent or adult student may revoke consent for release of personally identifiable information to the State’s public benefits or insurance program (e.g., Medicaid).

(b) If a parent or adult student revokes consent, that revocation is not retroactive.

(7) Other consent requirements:

(a) The school district must document its reasonable efforts to obtain parent consent in accordance with OAR 581-015-2195(3).

(b) If a parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent does not respond to a request for consent:

(A) The school district may not use mediation or due process hearing procedures to seek consent; and

(B) The school district is not required to consider the child as eligible for special education services.

(c) A refusal to consent to one service or activity may not be used to deny the parent or child any other service, benefit, or activity of the school district, except as provided in this rule.

History

Statutory/Other Authority: ORS 343.041, ORS 343.045, ORS 343.055, ORS 343.155 & ORS 343.164
Statutes/Other Implemented: ORS 343.155, ORS 343.164, 34 CFR 300.9, ORS 300.154, ORS 300.300 & ORS 300.622
ODE 5-2026, amend filed 02/25/2026, effective 02/25/2026
ODE 12-2013, f. & cert. ef. 5-30-13
ODE 11-2013(Temp), f. & cert. ef. 4-25-13 thru 10-21-13
ODE 13-2009, f. & cert. ef. 12-10-09
Renumbered from 581-015-0039, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 16-1999, f. & cert. ef. 9-24-99
EB 11-1995, f. & cert. ef. 5-25-95
EB 9-1993, f. & cert. ef. 3-25-93
1EB 37-1978, f. & ef. 10-5-78
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2095 Exceptions to Consent

(1) Written parent or adult student consent is not required before:

(a) Reviewing existing data as part of an evaluation or a reevaluation;

(b) Administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children; or

(c) Conducting evaluation tests, procedures or instruments that are identified on a child's IEP as a measure for determining progress; or

(d) Conducting a screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation.

(2) Consent for initial evaluation for wards of the state: If a child is a ward of the state and is not residing with the child’s parent, the public agency is not required to obtain informed written consent from the parent for an initial evaluation to determine whether the child is a child with a disability if:

(a) Despite reasonable efforts to do so, the agency cannot discover the whereabouts of the parent of the child;

(b)The rights of the parents of the child have been terminated in accordance with state law; or

(c) The rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.

(3) If, after reasonable efforts to obtain parent consent, the parent does not respond, the school district may conduct a reevaluation without consent, unless the reevaluation is an individual intelligence test or test of personality. "Reasonable efforts" means that the school district has used procedures consistent with OAR 581-015-2195(3).

(4) Written consent is not required if an administrative law judge determines under OAR 581-015-2375 that the evaluation or reevaluation is necessary to ensure that the child is provided with a free appropriate public education.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.164;
Statutes/Other Implemented: ORS 343.155, 343.164, 34 CFR 300.300 & 300.302
Renumbered from 581-015-0042, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 16-1999, f. & cert. ef. 9-24-99

Or. Admin. R. 581-015-2100 Responsibility for Evaluation and Eligibility Determination

(1) For school-age children, school districts and juvenile and adult corrections education programs are the public agencies responsible for evaluating children and determining their eligibility for special education services.

(2) For preschool children,

(a) School districts are responsible for the eligibility evaluations of children for EI/ECSE services.

(b) Designated referral and evaluation agencies are responsible for determining the eligibility of children for EI/ECSE services.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.157
Statutes/Other Implemented: ORS 343.055 & 343.157
Renumbered from 581-015-0700, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 12-2000, f. 5-3-00, cert. ef. 5-3-00

Or. Admin. R. 581-015-2105 Evaluation and Reevaluation Requirements

(1) General: A public agency must conduct an evaluation or reevaluation process in accordance with this rule and 581-015-2110 before:

(a) Determining that a child is a child with a disability under OAR 581-015-2130 through 581-015-2180;

(b) Determining that a child continues to have a disability under OAR 581-015-2130 through 581-015-2180;

(d) Terminating the child’s eligibility as a child with a disability, unless the termination is due to graduation from high school with a regular diploma or exceeding the age of eligibility for a free appropriate public education under OAR 581-015-2045.

(2) Request for initial evaluation: Consistent with the consent requirements in OAR 581-015-2090, a parent or public agency may initiate a request for an initial evaluation to determine if a child is a child with a disability.

(3) When initial evaluation must be conducted:

(a) An initial evaluation must be conducted to determine if a child is eligible for special education services when a public agency suspects or has reason to suspect that:

(A) The child has a disability that has an adverse impact on the child's educational performance; and

(B) The child may need special education services as a result of the disability.

(b) The public agency must designate a team to determine whether an initial evaluation will be conducted.

(A) The team must include the parent and at least two professionals, at least one of whom is a specialist knowledgeable and experienced in the evaluation and education of children with disabilities.

(B) The team may make this decision without a meeting. If a meeting is held, parents must be invited to participate in accordance with OAR 581-015-2190.

(4) Reevaluation:

(a) The public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with OAR 581-015-2115, subject to subsection

(b) and OAR 581-015-2110(2):

(A) If the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or

(B) If the child’s parents or teacher requests a reevaluation.

(b) A reevaluation for each child with a disability:

(A) May occur not more than once a year, unless the parent and public agency agree otherwise; and

(B) Must occur at least every three years, unless the parent and public agency agree that a reevaluation is unnecessary.

(5) Summary of Achievement and Performance: For a student whose eligibility terminates due to graduation with a regular diploma or exceeding the age of eligibility, a school district must provide the student with a summary of the student’s academic achievement and functional performance, including recommendations on how to assist the student in meeting the student’s postsecondary goals.

History

Statutory/Other Authority: ORS 343.041 & 343.157
Statutes/Other Implemented: ORS 343.146, 343.157, 34 CFR 300.301 & 300.303
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2110 General Evaluation and Reevaluation Procedures

(1) Evaluation planning. Before conducting any evaluation or reevaluation of a child, the public agency must conduct evaluation planning in accordance with OAR 581-015-2115.

(2) Notice and consent.

(a) Before conducting any evaluation or reevaluation, the public agency must provide notice to the parent in accordance with OAR 581-015-2310 that describes any evaluation procedures the agency proposes to conduct as a result of the evaluation planning process.

(b) Before conducting any evaluation or reevaluation, the public agency must obtain informed written consent for evaluation in accordance with OAR 581-015-2090 and 581-015-2095.

(c) If the public agency refuses an evaluation or reevaluation requested by the parent, the public agency must provide the parent with prior written notice under OAR 581-015-2310.

(d) Parents may challenge the public agency's refusal to conduct a reevaluation under OAR 581-015-2345.

(3) Conduct of evaluation. In conducting the evaluation, the public agency must:

(a) Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent that may assist in determining:

(A) Whether the child is a child with a disability under OAR 581-015-2130 through 581-015-2180; and

(B) The content of the child's IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities);

(b) Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child; and

(c) Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

(4) Other evaluation procedures. Each public agency must ensure that:

(a) Assessments and other evaluation materials used to assess a child under this part:

(A) Are selected and administered so as not to be discriminatory on a racial or cultural basis;

(B) Are provided and administered in the child's native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so;

(D) Are administered by trained and knowledgeable personnel; and

(E) Are administered in accordance with any instructions provided by the producer of the assessments.

(b) Assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.

(c) Assessments are selected and administered so as best to ensure that if an assessment is administered to a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child's impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).

(d) The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities;

(e) The evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified; and

(f) The evaluation includes assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child.

(5) Evaluation timelines:

(a) Initial. An initial evaluation must be completed within 60 school days from written parent consent to the date of the meeting to consider eligibility.

(b) Reevaluation. A reevaluation must be completed within 60 school days from written parent consent (or from the date the evaluation is initiated under OAR 581-015-2095(3)(c)) to the date of the meeting to consider eligibility, continuing eligibility or the student's educational needs.

(c) Exceptions. An evaluation may be completed in more than 60 school days under the following circumstances documented in the child's educational record:

(A) The parents of a child repeatedly fail or refuse to produce the child for an evaluation, or for other circumstances outside the school district's control.

(B) The student is a transfer student in the process of evaluation and the district and the parents agree in writing to a different length of time to complete the evaluation in accordance with subsection (d);

(C) The district and the parents agree in writing to extend the timeline for an evaluation to determine eligibility for specific learning disabilities in accordance with OAR 581-015-2170.

(d) Transfer students.

(A) When a child with disabilities transfers from one school district to another school district in the same school year, the previous and current school district must coordinate any pending assessments as necessary and as expeditiously as possible to ensure prompt completion of the evaluation.

(B) The exception under subsection (c)(B) only applies if the current school district is making sufficient progress to ensure a prompt completion of the evaluation and the parent and current school district agree to a specific time for completion of the evaluation.

History

Statutory/Other Authority: ORS 343.041 & 343.157
Statutes/Other Implemented: ORS 343.146, 343.157, 34 CFR 300.304 & 300.305
ODE 6-2013, f. & cert. ef. 1-17-13
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2115 Evaluation Planning

(1) Review of existing evaluation data. As part of an initial evaluation (if appropriate) and as part of any reevaluation, the child’s IEP or IFSP team, and other qualified professionals, as appropriate, must:

(a) Review existing evaluation data on the child, including:

(A) Evaluations and information provided by the parents of the child;

(B) Current classroom-based, local, or state assessments, and classroom-based observations; and

(b) On the basis of that review, and input from the child’s parents, identify what additional data, if any, are needed to determine:

(A) Whether the child is, or continues to be, a child with a disability;

(i) For a school-age child, under OAR 581-015-2130 through 581-015-2180; or

(ii) For a preschool child, under OAR 581-015-2780 or 581-015-2795;

(B) The present levels of academic achievement and related developmental needs of the child;

(D) For reevaluation, whether the child needs any additions or modifications to special education and related services or, for a preschool child, any additions or modifications to ECSE services:

(i) To enable the child to meet the measurable annual goals in the child’s IEP or IFSP; and

(ii) To participate, as appropriate, in the general education curriculum or, for preschool children, appropriate activities.

(2) Conduct of review. The team described in subsection (1) may conduct this review without a meeting. If a public agency holds a meeting for this purpose, parents must be invited to participate in conformance with OAR 581-015-2190 or, for parents of preschool children, with OAR 581-015-2750.

(3) Source of data. The public agency must administer tests and other evaluation materials as may be needed to produce the additional data identified under subsection (1)(b).

(4) Requirements if additional data are not needed.

(a) If the child’s IEP or IFSP team determines that no additional data are needed to determine whether the child is or continues to be a child with a disability, and to determine the child’s educational and developmental needs, the public agency must notify the child’s parents:

(A) Of that determination and the reasons for it; and

(B) Of the right of the parents to request an assessment to determine whether, for purposes of services under this part, the child continues to be a child with a disability, and to determine the child’s educational and developmental needs.

(b) The public agency is not required to conduct an assessment of the child unless requested to do so by the child’s parents.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.157
Statutes/Other Implemented: ORS 343.146, 343.157 & 34 CFR 300.305
Renumbered from 581-015-0701, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 12-2000, f. 5-3-00, cert. ef. 5-3-00

Or. Admin. R. 581-015-2120 Determination of Eligibility

(1) Upon completing the administration of assessments and other evaluation materials, a team must determine whether the child is a child with a disability under OAR 581-015-2130 through 581-015-2180 and the educational needs of the child.

(a) The team must include the parent, in accordance with OAR 581-015-2190, and two or more qualified professionals, at least one of whom is knowledgeable and experienced in the evaluation and education of children with the suspected disability. This team may be the child's IEP team.

(b) For a child suspected of having a specific learning disability, the team must meet the requirements of OAR 581-015-2170.

(2) The team must prepare an evaluation report and written statement of eligibility.

(a) The evaluation report(s) must describe and explain the results of the evaluation conducted.

(b) The written statement of eligibility must include:

(A) A list of the evaluation data considered in determining the child's eligibility;

(B) A determination of whether the child meets the minimum evaluation criteria for one of the disability categories in OAR 581-015-2130 through 581-015-2180 or 581-015-2795;

(i) A lack of appropriate instruction in reading (including the essential components of reading) or math; or

(ii) Limited English proficiency;

(D) A determination of whether the child's disability has an adverse impact on the child's educational performance;

(E) A determination of whether, as a result of the disability, the child needs special education services; and

(F) The signature of each member of the team indicating agreement or disagreement with the eligibility determination.

(c) For a child suspected of having a specific learning disability, the team's written report and documentation of determination of eligibility must meet the requirements of OAR 581-015-2170.

(3) The team must determine a child to be eligible under this rule if the child has a disability and needs special education and related services, even though the child is advancing from grade to grade.

(4) For a child who may have disabilities in more than one category, the team need only qualify the child under one disability category. However, the child must be evaluated in all areas related to the suspected disability or disabilities, and the child's IEP must address all of the child's special education needs.

(5) The team may not find a child eligible for special education services if:

(a) The determinant factor for that eligibility decision is:

(A) Lack of appropriate instruction in reading, including the essential components of reading instruction, or lack of appropriate instruction in math; or

(B) Limited English proficiency; and

(b) The child does not otherwise meet the eligibility criteria under OAR 581-015-2130 through 581-015-2180.

(6) The school district must provide a copy of the evaluation report and the documentation of determination of eligibility to the parent at no cost.

History

Statutory/Other Authority: ORS 343.045, 343.146 & 343.157
Statutes/Other Implemented: ORS 343.035, 343.146, 343.157, 34 CFR 300.306, 300.308 & 300.111
Renumbered from 581-015-0053, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
ODE 12-2000, f. 5-3-00, cert. ef. 5-3-00
EB 22-1995, f. & cert. ef. 9-15-95

Or. Admin. R. 581-015-2125 Interpretation of Evaluation Data

In interpreting evaluation data for the purpose of determining if a child is a child with a disability under OAR 581-015-2130 through 581-015-2180, and the educational needs of the child, each team must:

(1) Draw upon information from a variety of sources, including but not limited to, aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior; and

(2) Ensure that information obtained from all these sources is documented and carefully considered.

History

Statutory/Other Authority: ORS 343.041 & 343.157;
Statutes/Other Implemented: ORS 343.157, 343.045, 343.146, 343.155 & 34 CFR 300.306
Renumbered from 581-015-0073, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 12-2000, f. 5-3-00, cert. ef. 5-3-00
EB 22-1995, f. & cert. ef. 9-15-95
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2127 Developmental Delay

(1) Definition of “Developmental Delay”. “Developmental Delay” means,

(a) For early intervention, 2 standard deviations or more below the mean in one or more of the developmental areas or 1.5 standard deviations below the mean in two or more of the developmental areas;

(b) For early childhood and school age special education, 1.5 standard deviations or more below the mean in two or more of the developmental areas that:

(A) For age 3 to kindergarten, adversely affects the child's developmental progress;

(B) For kindergarten through age 9, adversely affects the student's educational performance.

(c) For the purposes of this rule, the developmental areas are: cognitive development, physical development, communication development, social or emotional development, and adaptive development.

(2) Comprehensive Evaluation: If a child is suspected of having a developmental delay, a comprehensive evaluation must be conducted for early intervention, early childhood special education or school age special education services, including the following:

(a) For early intervention:

(A) At least one norm-referenced, standardized test addressing the infant or toddler’s level of functioning in each of the developmental areas;

(B) At least one additional procedure to confirm the infant or toddler’s level of functioning in each area of suspected delay listed in this rule;

(D) All evaluations and assessments of an infant or toddler must be conducted in the native language of the child, unless it is clearly not feasible to do so.

(b) For early childhood and school age special education:

(A) Developmental history as defined in OAR 581-015-2000;

(B) At least one norm referenced, standardized test in each area of suspected delay;

(D) At least one 20-minute observation of the child;

(E) Any additional assessments necessary to determine the impact of the suspected disability:

(i) On the child's developmental progress for birth to 5; or

(ii) On the child's educational performance for 5 to 21.

(A) A review of previous testing, medical data, and parent reports; and

(B) Any other evaluative information as necessary to determine eligibility.

(3) Eligibility Criteria: To be eligible for services as a child with a developmental delay,

(a) For early intervention, the infant or toddler must meet one of the following minimum criteria.

(A) 2 or more standard deviations below the mean in one or more of the developmental areas; or

(B) 1.5 or more standard deviations below the mean in two or more of the developmental areas; or

(C) Medical examination as defined in OAR 581-015-2000. Documentation of a medical examination which includes a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.

(b) For early childhood and school age special education, the child must meet the following minimum criteria: 1.5 or more standard deviations below the mean in two or more of the developmental areas;

(4) Eligibility Determination: To be eligible for special education services as a child with a developmental delay for early intervention, early childhood special education, or school age special education services, the eligibility team must also determine that:

(a) The child has a developmental delay as defined in this rule; and

(b) By reason thereof, the child requires early intervention (OAR 581-015-2780), early childhood special education (OAR 581-015-2795), or school age special education (OAR 581-015-2120) services.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 24-2023, amend filed 12/08/2023, effective 12/08/2023
ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 23-2019, adopt filed 07/01/2019, effective 07/01/2019
ODE 15-2019, temporary adopt filed 05/17/2019, effective 05/17/2019 through 11/12/2019

Or. Admin. R. 581-015-2130 Autism Spectrum Disorder

(1) Definition of “Autism Spectrum Disorder”: For early intervention, early childhood special education, and school age special education, “Autism Spectrum Disorder” means a developmental disability that includes persistent deficits in social communication and social interaction across multiple contexts; and restricted, repetitive patterns of behavior, interests, or activities. Characteristics are generally evident before age three but may not become fully evident until social demands exceed limited capacities, or may be masked by learned strategies. Characteristics cause educationally and developmentally significant impairment in social, occupational, or other important areas of current functioning. The term does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional behavior disability. However, a child who qualifies for special education under autism spectrum disorder may also have an emotional behavior disability as a secondary disability if the child meets the criteria under emotional behavior disability. The term “Autism Spectrum Disorder” is equivalent to the term “autism” used in 34 CFR § 300.8.

(2) Comprehensive Evaluation: If a child is suspected of having autism spectrum disorder, a comprehensive evaluation must be conducted for early intervention, early childhood special education or school age special education services, including the following:

(a) Developmental history as defined in OAR 581-015-2000.

(b) Information from parents and other knowledgeable individuals regarding the child’s historical and current characteristics that are associated with an autism spectrum disorder, including:

(A) Deficits in social communication and social interaction across multiple contexts as manifested by deficits in social-emotional reciprocity, nonverbal communicative behaviors used for social interaction, and developing, maintaining, and understanding relationships; and

(B) Restricted, repetitive patterns of behavior, interests, or activities, as manifested by stereotyped or repetitive motor movements, use of objects, or speech; insistence on sameness, inflexible adherence to routines, or ritualized patterns of verbal or nonverbal behavior; highly restricted, fixated interests that are abnormal in intensity or focus; hyper-or hypo-reactivity to sensory input or unusual interest in sensory aspects of the environment.

(c) Observations. Three observations of the child’s behavior; at least one of which involves direct interactions with the child, and at least one of which involves direct observation or video of the child’s interactions with one or more peers in an unstructured environment when possible, or with a familiar adult. The observations must occur in multiple environments, on at least two different days, and be completed by one or more licensed professionals knowledgeable about the behavioral characteristics of autism spectrum disorder.

(d) Social Communication Assessment. Assessments conducted by a speech and language pathologist licensed by the State Board of Examiners for Speech-Language Pathology and Audiology or the Teacher Standards and Practices Commission, in reference to developmental expectations and that address the characteristics of autism spectrum disorder to develop a profile of:

(A) Functional receptive and expressive communication, encompassing both verbal (level of spoken language) and nonverbal skills;

(B) Pragmatics across natural contexts; and

(e) Standardized Autism Identification Tool. One or more valid and reliable standardized rating scales, observation schedules, or other assessments that identify core characteristics of autism spectrum disorder.

(f) Medical Examination. Documentation of a medical examination shall be completed for children age birth to five for initial eligibility determinations, and may be completed for children age five and above, as determined necessary by the team. The purpose of a medical examination is to ensure consideration of other health and/or physical factors that, for a child age birth to 5, may impact the child’s developmental performance or, for a child age 5 to 21, may impact the child’s educational performance. A medical diagnosis of autism spectrum disorder is not required to determine eligibility.

(g) Vision and Hearing Screening. Review existing screening or, if none, conduct a new screening.

(h) Other.

(A) Any additional assessments that may include, measures of cognitive, adaptive, academic, behavioral-emotional, executive function/self-regulation, or sensory processing necessary to determine the impact of the suspected disability:

(i) On the child's developmental progress for a child age birth to 5; or

(ii) On the child’s educational performance for a child age 5 to 21.

(B) Any additional evaluations or assessments necessary to identify the child's educational needs.

(3) Eligibility Criteria: To be eligible as a child with autism spectrum disorder for early intervention, early childhood special education, or school age special education services, the child must meet all of the following minimum criteria:

(a) The team must have documented evidence that the child demonstrates a pattern of characteristics defined as all three social communication deficits, and at least two of the four restricted, repetitive patterns of behavior, interests, or activities contained in this section:

(A) Child demonstrates persistent deficits in social communication and social interaction across multiple contexts, as evidenced by the all of the following, currently or by history (examples are illustrative, not exhaustive):

(i) Deficits in social-emotional reciprocity, ranging, for example, from abnormal social approach and failure of normal back-and-forth conversation; to reduced sharing of interests, emotions, or affect; to failure to initiate or respond to social interactions;

(ii) Deficits in nonverbal communicative behaviors used for social interaction, ranging, for example, from poorly integrated verbal and nonverbal communication; to abnormalities in eye contact and body language or deficits in understanding and use of gestures; to a total lack of facial expressions and nonverbal communication; and

(iii) Deficits in developing, maintaining, and understanding relationships, ranging, for example, from difficulties adjusting behavior to suit various social contexts; to difficulties in sharing imaginative play or in making friends; to absence of interest in peers.

(B) Restricted, repetitive patterns of behavior, interests, or activities, as evidenced by at least two of the following, currently or by history (examples are illustrative, not exhaustive):

(i) Stereotyped or repetitive motor movements, use of objects, or speech (e.g., simple motor stereotypes, lining up toys or flipping objects, echolalia, idiosyncratic phrases);

(ii) Insistence on sameness, inflexible adherence to routines, or ritualized patterns of verbal or nonverbal behavior (e.g., extreme distress at small changes, difficulties with transitions, rigid thinking patterns, greeting rituals, need to take the same route or eat the same food every day);

(iii) Highly restricted, fixated interests that are abnormal in intensity or focus (e.g., strong attachment to or preoccupation with unusual objects, excessively circumscribed or perseverative interests); or

(iv) Hyper- or hypo-reactivity to sensory input or unusual interest in sensory aspects of the environment (e.g., apparent indifference to pain/temperature, adverse response to specific sounds or textures, excessive smelling or touching of objects, visual fascination with lights or movement).

(b) Characteristics are generally evident before age three, but may not have become fully evident until social demands exceed limited capacities, or may be masked by learned strategies.

(c) The characteristics of autism spectrum disorder are not better described by another established or suspected eligibility for special education services. A child may not be eligible for special education services on the basis of an autism spectrum disorder if the child's primary disability is an emotional behavior disability under OAR 581-015-2145. However, a child with autism spectrum disorder as a primary disability may also have an emotional behavior disability as a secondary disability.

(4) Eligibility Determination: To be eligible for services as a child with autism spectrum disorder, the eligibility team must also determine that:

(a) The child has autism spectrum disorder as defined in this rule; and

(b) By reason thereof, the child requires early intervention (OAR 581-015-2780), early childhood special education (OAR 581-015-2795), or school age special education (OAR 581-015-2120) services.

History

Statutory/Other Authority: ORS 343.035(1), 343.045, 343.146 & 343.157;
Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306
ODE 24-2023, amend filed 12/08/2023, effective 12/08/2023
ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 24-2018, amend filed 06/28/2018, effective 06/29/2018
Renumbered from 581-015-0051, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00
EB 22-1995, f. & cert. ef. 9-15-95
EB 16-1992, f. & cert. ef. 5-13-92
EB 25-1991(Temp), f. & cert. ef. 11-29-91
1EB 7-1986, f. & ef. 2-24-86
Reverted to 1EB 29-1978, f. & ef. 7-20-78
1EB 18-1983(Temp), f. & ef. 12-20-83
1EB 29-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2135 Speech or Language Impairment

(1) Definition of “Speech or Language Impairment”: For early childhood and school age special education, “Speech or Language Impairment” means the impairment of speech articulation, voice, fluency, or the impairment or deviant development of language comprehension and/or expression, or the impairment of the use of a spoken or other symbol system that adversely affects educational performance. The language impairment may be manifested by one or more of the following components of language: morphology, syntax, semantics, phonology, and pragmatics.

(2) Comprehensive Evaluation: If a child is suspected of having a speech or language impairment, a comprehensive evaluation for early childhood or school age special education services must be conducted, including the following:

(a) Speech-language assessment. A speech and language assessment administered by a speech and language pathologist licensed by a State Board of Examiners for Speech-Language Pathology and Audiology or the Teacher Standards and Practices Commission, including:

(A) When evaluating syntax, morphology, semantics or pragmatics, a representative language sample and comprehensive standardized tests that assess expression and comprehension;

(B) When a voice disorder is suspected, a voice assessment scale; and

(b) Medical. For a child suspected of having a voice disorder, documentation of a medical examination by an otolaryngologist licensed by a State Board of Medical Examiners. For other than a voice disorder, if a medical information is needed, documentation of a medical examination as defined in OAR 581-015-2000 describing relevant medical issues;

(c) Hearing evaluation or screening. An evaluation or screening of the child's hearing acuity and, if needed, a measure of middle ear functioning;

(d) Other.

(A) An evaluation of the child's oral mechanism, if needed;

(B) Any additional assessments necessary to determine the impact of the suspected disability:

(i) On the child's educational performance for a school-age child; or

(ii) On the child's developmental progress for a preschool child; and

(3) Eligibility Criteria: To be eligible as a child with a specific speech or language impairment for early childhood or school age special education services, the child must meet the following criteria: (a) Voice disorder:

(A) The child demonstrates chronic vocal characteristics that deviate in at least one of the areas of pitch, quality, intensity or resonance;

(B) The child's voice disorder impairs communication or intelligibility; and

(b) Fluency disorder:

(A) The child demonstrates an interruption in the rhythm or rate of speech that is characterized by hesitations, repetitions, or prolongations of sounds, syllables, words or phrases;

(B) The child has a fluency disorder that interferes with communication and calls attention to itself across two or more settings; and

(C) The child demonstrates moderate to severe vocal dysfluencies or the child evidences associated secondary behaviors, such as struggling or avoidance as measured by a standardized measure.

(A) The child's phonology or articulation is rated significantly discrepant as measured by a standardized test; and

(B) The disorder is substantiated by a language sample or other evaluation(s).

(d) Syntax, morphology, pragmatic or semantic disorder:

(A) The child's language in the area of syntax, morphology, semantics or pragmatics is significantly discrepant as measured by standardized test(s) or other evaluation data; and

(B) The disorder is substantiated by a language sample or other evaluation(s).

(C) For a child to be eligible with a syntax, morphology, pragmatic or semantic disorder, the disorder is not the result of another disability.

(4) Eligibility Determination: For a child to be eligible for early childhood or school age special education services as a child with a speech or language impairment, the eligibility team must also determine that:

(a) The child has a speech or language impairment as defined in this rule; and

(b) By reason thereof, the child requires early intervention (OAR 581-015-2780), early childhood special education (OAR 581-015-2795), or school age special education (OAR 581-015-2120) services.

History

Statutory/Other Authority: ORS 343.035(1), 343.045, 343.146 & 343.157;
Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306
ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023
Renumbered from 581-015-0051, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00
EB 22-1995, f. & cert. ef. 9-15-95
EB 16-1992, f. & cert. ef. 5-13-92
EB 25-1991(Temp), f. & cert. ef. 11-29-91
1EB 7-1986, f. & ef. 2-24-86
Reverted to 1EB 29-1978, f. & ef. 7-20-78
1EB 18-1983(Temp), f. & ef. 12-20-83
1EB 29-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2140 Deafblindness

(1) Definition of “Deafblindness”: For early intervention, early childhood special education, and school age special education, “Deafblindness” means having impairments in both hearing and vision, the combination of which causes such severe communication and other developmental and educational needs that the child cannot be accommodated in special education programs designed solely for students who are deaf or are hard of hearing or have a visual impairment.

(2) Comprehensive Evaluation: If a child is suspected of having deafblindness, a comprehensive evaluation must be conducted for early intervention, early childhood special education, or school age special education services, including the following:

(a) The minimum evaluation procedures for deaf or hard of hearing and vision impairment under OAR 581-015-2150 and 581-015-2180, respectively;

(b) If the child demonstrates inconsistent or inconclusive responses in an assessment of one sensory area, a functional assessment must be administered by a state licensed educator of the visually impaired, a state licensed educator of the deaf or hard of hearing or an audiologist licensed by the State Board of Examiners for Speech-Language Pathology and Audiology.

(3) Eligibility Criteria: To be eligible as a child with deafblindness for early intervention, early childhood special education, or school age special education services, the child must meet one or more of the following minimum criteria:

(a) The child meets the minimum criteria for both vision impairment and deaf or hard of hearing under OAR 581-015-2150 and 581-015-2180, respectively; or

(b) The child meets the minimum criteria for either vision impairment or deaf or hard of hearing and demonstrates inconsistent or inconclusive responses in an assessment of the other sensory area; or

(c) The child meets the minimum criteria for either vision impairment or deaf or hard of hearing and has a degenerative disease or pathology that affects the acuity of the other sensory area.

(4) Eligibility Determination: To be eligible for services as a child with deafblindness for early intervention, early childhood special education, or school age special education services, the eligibility team must also determine that:

(a) The child has deafblindness as defined in this rule; and

(b) By reason thereof, the child requires early intervention (OAR 581-015-2780), early childhood special education (OAR 581-015-2795), or school age special education (OAR 581-015-2120) services.

History

Statutory/Other Authority: ORS 343.035(1), 343.045, 343.146 & 343.157;
Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306
ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023
Renumbered from 581-015-0051, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00
EB 22-1995, f. & cert. ef. 9-15-95
EB 16-1992, f. & cert. ef. 5-13-92
EB 25-1991(Temp), f. & cert. ef. 11-29-91
1EB 7-1986, f. & ef. 2-24-86
Reverted to 1EB 29-1978, f. & ef. 7-20-78
1EB 18-1983(Temp), f. & ef. 12-20-83
1EB 29-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2145 Emotional Behavior Disability

(1) Definition of “Emotional Behavior Disability”: For early childhood and school age special education, “Emotional Behavior Disability” means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:

(a) An inability to learn that cannot be explained by intellectual, sensory, or health factors;

(b) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

(d) A general pervasive mood of unhappiness or depression; or

(e) A tendency to develop physical symptoms or fears associated with personal or school problems;

(f) The term includes schizophrenia but does not apply to children who are socially maladjusted, unless it is determined that they have an emotional behavior disability.

(2) Comprehensive Evaluation: If a child is suspected of having an emotional behavior disability, a comprehensive evaluation must be conducted for early childhood or school age special education services, including the following:

(a) Social-emotional evaluation. An evaluation of the child's emotional and behavioral status, including a developmental or social history, when appropriate.

(b) Medical examination. If medical information is needed, documentation of a medical examination indicating whether there are any physical factors that may be affecting the child's educational performance;

(c) Behavior rating scales. The completion of at least two behavior-rating scales, at least one of which is a standardized behavior measurement instrument;

(d) Observation. An observation in the classroom and in at least one other setting by someone other than the child's regular teacher;

(e) Other:

(A) Any additional assessments necessary to determine the impact of the suspected disability:

(i) On the child's educational performance for a school-age child; or

(ii) On the child's developmental progress for a preschool child; and

(B) Any additional evaluations or assessments necessary to identify the child's educational needs.

(3) Eligibility Criteria: To be eligible as a child with an emotional behavior disability for early childhood or school age special education services, the child must exhibit one or more of the following characteristics over a long period of time and to a marked degree:

(a) An inability to learn that cannot be explained by intellectual, sensory, or health factors;

(b) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

(d) A general pervasive mood of unhappiness or depression; or

(e) A tendency to develop physical symptoms, or fears associated with personal, or school problems.

(4) Eligibility Determination: For a child to be eligible for early childhood or school age special education services as a child with an emotional behavior disability, the eligibility team must also determine that:

(a) The child has an emotional behavior disability as defined in this rule; and

(b) By reason thereof, the child requires early childhood special education (OAR 581-015-2795) or school age special education (OAR 581-015-2120) services; and

(c) A child who is socially maladjusted may not be identified as having an emotional behavior disability unless the child also meets the minimum criteria under this rule.

History

Statutory/Other Authority: ORS 343.035(1), 343.045, 343.146 & 343.157
Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 34 CFR 300.306
ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 13-2011, f. & cert. ef. 10-31-11
Renumbered from 581-015-0051, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00
EB 22-1995, f. & cert. ef. 9-15-95
EB 16-1992, f. & cert. ef. 5-13-92
EB 25-1991(Temp), f. & cert. ef. 11-29-91
1EB 7-1986, f. & ef. 2-24-86
Reverted to 1EB 29-1978, f. & ef. 7-20-78
1EB 18-1983(Temp), f. & ef. 12-20-83
1EB 29-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2150 Deaf or Hard of Hearing

(1) Definition of “Deaf or Hard of Hearing”: "Deaf or hard of hearing" means an impairment in hearing, whether permanent or fluctuating, that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification.

(a) For early intervention: this impairment in hearing must currently affect or have the potential to significantly affect an infant or toddler’s developmental progress. The infant or toddler's hearing level does not need to be presently affecting their development for the infant or toddler to be eligible for early intervention services.

(b) For early childhood and school age special education: this impairment in hearing must adversely affect the child's developmental progress (age 3 to 5) or educational performance (age 5 to 21).

(2) Comprehensive Evaluation: If a child is suspected of being deaf or hard of hearing, a comprehensive evaluation for early intervention, early childhood special education, or school age special education services must be conducted, including the following:

(a) Documentation of an audiological assessment as defined in OAR 581-015-2000;

(A) The audiological assessment must indicate whether the hearing loss is conductive hearing loss or sensorineural hearing loss.

(B) For conductive hearing loss, a medical examination as defined in OAR 581-015-2000 that documents whether the hearing loss is treatable.

(b) For early intervention, any additional evaluations or assessments necessary to identify the infant or toddler’s needs.

(c) For early childhood and school age special education: Any additional assessments necessary to determine the impact of the suspected disability:

(A) On the child's developmental progress for a preschool child (age 3 through 5); or

(B) On the child's educational performance for a school-age child (age 5 through 21); and

(3) Eligibility Criteria: To be eligible as a child who is deaf or hard of hearing for early intervention, early childhood special education, or school age special education, the child must meet the following criteria

(a) The child must have hearing thresholds in at least one ear of 25 dBHL or greater at two or more consecutive frequencies at 500 Hz, 1000 Hz, 2000 Hz, 4000 Hz, 6000 Hz and 8000 Hz; or

(b) The hearing loss is due to auditory neuropathy spectrum disorder (ANSD) or aural microtia/atresia, as determined by documentation of an audiological assessment as defined by OAR 581-015-2000.

(4) Eligibility Determination: For a child to be eligible for early intervention, early childhood special education, or school age special education services as a child who is deaf or hard of hearing, the eligibility team must determine that:

(a) The child is deaf or hard of hearing as defined in this rule; and

(b) By reason thereof, the child requires early intervention (OAR 581-015-2780), early childhood special education (OAR 581-015-2795), or school age special education (OAR 581-015-2120) services.

History

Statutory/Other Authority: ORS 343.035(1), 343.045, 343.146 & 343.157
Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306
ODE 24-2023, amend filed 12/08/2023, effective 12/08/2023
ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 10-2020, minor correction filed 04/21/2020, effective 04/21/2020
ODE 8-2020, amend filed 03/20/2020, effective 03/21/2020
ODE 14-2017, f. & cert. ef. 7-5-17
Renumbered from 581-015-0051, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00
EB 22-1995, f. & cert. ef. 9-15-95
EB 16-1992, f. & cert. ef. 5-13-92
EB 25-1991(Temp), f. & cert. ef. 11-29-91
1EB 7-1986, f. & ef. 2-24-86
Reverted to 1EB 29-1978, f. & ef. 7-20-78
1EB 18-1983(Temp), f. & ef. 12-20-83
1EB 29-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2155 Intellectual Disability

(1) Definition of Intellectual Disability: For early childhood and school age special education, “Intellectual Disability” means significantly subaverage general intellectual functioning, and includes a student whose intelligence test score is two or more standard deviations below the norm on a standardized individual intelligence test, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, and that adversely affects a child's educational performance.

(2) Comprehensive Evaluation: If a child is suspected of having an intellectual disability, a comprehensive evaluation for early childhood or school age special education services must be conducted, including the following:

(a) Intelligence test. An individually administered standardized intelligence test meeting the reliability and validity standards of the American Psychological Association and administered by a licensed school psychologist, a psychologist licensed by the State Board of Psychological Examiners, or other individual assigned by a school district who has the training and experience to administer and interpret individually administered intelligence tests;

(b) Adaptive behavior scale. The administration of a valid adaptive behavior scale;

(c) Medical examination. If medical information is needed, documentation of a medical examination as defined in OAR 581-015-2000 describing relevant medical issues or any sensory or physical factors that may be affecting the child's educational performance;

(d) Developmental history as defined in OAR 581-015-2000;

(e) Other:

(A) Any additional assessments necessary to determine the impact of the suspected disability:

(i) On the child's educational performance for a child age 5 to 21; or

(ii) On the child's developmental progress for a child age birth to 5; and

(B) Any additional evaluations or assessments necessary to identify the child's educational needs.

(3) Eligibility Criteria: To be eligible as a child with an intellectual disability for early childhood or school age special education services, the child must meet all of the following minimum criteria:

(a) The child's intelligence test score is 2 or more standard deviations below the mean;

(b) The child has deficits in adaptive behavior coexistent with the child's impairment in intellectual functioning;

(d) The child's developmental or educational problems are not primarily the result of sensory disabilities or other physical factors.

(4) Eligibility Determination: For a child to be eligible for early childhood or school age special education services as a child with an intellectual disability, the eligibility team must also determine that:

(a) The child has an intellectual disability as defined in this rule; and

(b) By reason thereof, the child requires early childhood special education (OAR 581-015-2795) or school age special education (OAR 581-015-2120) services.

History

Statutory/Other Authority: ORS 343.035(1), 343.045, 343.146 & 343.157;
Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306
ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 12-2011, f. & cert. ef. 10-31-11
Renumbered from 581-015-0051, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00
EB 22-1995, f. & cert. ef. 9-15-95
EB 16-1992, f. & cert. ef. 5-13-92
EB 25-1991(Temp), f. & cert. ef. 11-29-91
1EB 7-1986, f. & ef. 2-24-86
Reverted to 1EB 29-1978, f. & ef. 7-20-78
1EB 18-1983(Temp), f. & ef. 12-20-83
1EB 29-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2160 Orthopedic Impairment

(1) Definition of “Orthopedic Impairment”: For early intervention, early childhood special education, and school age special education, “Orthopedic Impairment” means a motor disability that adversely affects an infant or toddler's development or a child’s educational performance. The term includes impairments caused by an anomaly, disease or other conditions (e.g., cerebral palsy, spina bifida, muscular dystrophy or traumatic injury).

(2) Comprehensive Evaluation: If a child is suspected of having an orthopedic impairment, a comprehensive evaluation must be conducted for early intervention, early childhood special education, or school age special education services, including the following:

(a) Medical examination. Documentation of a medical examination as defined OAR 581-015-2000 indicating a diagnosis of an orthopedic or neuromotor impairment or a description of the motor impairment;

(b) Motor assessment. A standardized motor assessment, including the areas of fine motor, gross motor and self-help, when appropriate, by a specialist knowledgeable about orthopedic or neuromotor development;

(A) On the child's educational performance for a child age 3 to 21; or

(B) On the child's developmental progress for a child age birth to 5; and

(d) Any additional evaluations or assessments necessary to identify the child's educational needs.

(3) Eligibility Criteria: To be eligible as a child with an orthopedic impairment for early intervention, early childhood special education, or school age special education services, the child must meet all of the following minimum criteria:

(a) The child has a motor impairment that results in deficits in the quality, speed or accuracy of movement. These deficits must be documented by a score of two or more standard deviations below the mean in fine motor skills, gross motor skills, or self-help skills, or functional deficits in at least two of these three motor areas; and

(b) The child's condition is permanent or is expected to last for more than 60 calendar days.

(4) Eligibility Determination: To be eligible for services as a child with an orthopedic impairment for early intervention, early childhood special education, or school age special education services, the eligibility team must also determine that:

(a) The child has an orthopedic impairment as defined in this rule; and

(b) By reason thereof, the child requires early intervention (OAR 581-015-2780), early childhood special education (OAR 581-015-2795), or school age special education (OAR 581-015-2120) services.

History

Statutory/Other Authority: ORS 343.035(1), 343.045, 343.146 & 343.157;
Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306
ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023
Renumbered from 581-015-0051, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00
EB 22-1995, f. & cert. ef. 9-15-95
EB 16-1992, f. & cert. ef. 5-13-92
EB 25-1991(Temp), f. & cert. ef. 11-29-91
1EB 7-1986, f. & ef. 2-24-86
Reverted to 1EB 29-1978, f. & ef. 7-20-78
1EB 18-1983(Temp), f. & ef. 12-20-83
1EB 29-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2165 Other Health Impairment

(1) Definition of “Other Health Impairment”: For early childhood and school age special education, "Other Health Impairment" means limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment, that:

(a) Is due to chronic or acute health problems (e.g. a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, attention deficit disorder, attention deficit hyperactivity disorder, leukemia, Tourette's syndrome or diabetes); and

(b) Adversely affects a child's educational performance.

(2) Comprehensive Evaluation: If a child is suspected of having an other health impairment, a comprehensive evaluation must be conducted for early childhood or school age special education services, including the following:

(a) Medical examination. Documentation of a medical examination as defined in OAR 581-015-2000, indicating a diagnosis of a health impairment or a description of the impairment, and a statement that the child's condition is permanent or is expected to last for more than 60 calendar days;

(b) Other:

(A) Any additional assessments necessary to determine the impact of the suspected disability:

(i) On the child's educational performance for a child age 5 to 21; or

(ii) On the child's developmental progress for a child age 3 to 5; and

(B) Any additional evaluations or assessments necessary to identify the child's educational needs.

(3) Eligibility Criteria: To be eligible as a child with an other health impairment for early childhood or school age special education services, the child must meet all of the minimum criteria:

(a) The child exhibits limited strength, vitality or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment;

(b) The child's limited strength, vitality or alertness is due to a chronic or acute health problem; and

(4) Eligibility Determination: For a child to be eligible for early childhood or school age special education services as a child with an other health impairment, the eligibility team must also determine that:

(a) The child has an other health impairment as defined in this rule; and

(b) By reason thereof, the child requires early childhood special education (OAR 581-015-2795) or school age special education (OAR 581-015-2120) services.

History

Statutory/Other Authority: ORS 343.035(1), 343.045, 343.146 & 343.157;
Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306
ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023
Renumbered from 581-015-0051, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00
EB 22-1995, f. & cert. ef. 9-15-95
EB 16-1992, f. & cert. ef. 5-13-92
EB 25-1991(Temp), f. & cert. ef. 11-29-91
1EB 7-1986, f. & ef. 2-24-86
Reverted to 1EB 29-1978, f. & ef. 7-20-78
1EB 18-1983(Temp), f. & ef. 12-20-83
1EB 29-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2170 Specific Learning Disability

(1) Definition of “Specific Learning Disability”: For early childhood and school age special education, “Specific Learning Disability” means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations. Specific learning disability includes conditions such as perceptual disabilities, brain injury, dyslexia, minimal brain dysfunction, and developmental aphasia. The term does not include learning problems that are primarily the result of visualor motor disabilities, deaf or hard of hearing, intellectual disability, emotional behavior disability, or environmental, cultural, or economic disadvantage.

(2) Comprehensive Evaluation: If a child is suspected of having a specific learning disability, a comprehensive evaluation must be conducted for early childhood or school age special education services, including the following:

(a) Academic assessment. An assessment of the child's academic achievement toward Oregon grade-level standards;

(b) Review. A review of cumulative records, previous IEPs or IFSPs and teacher collected work samples;

(c) Observation. An observation of the child in the child's learning environment (including the regular classroom setting) to document the child's academic performance and behavior in the areas of difficulty, which must consist of:

(A) Information from an observation by a qualified professional in routine classroom instruction and monitoring of the child's performance before the child was referred for an evaluation; or

(B) An observation conducted by a qualified professional (who is a member of the evaluation team) of the child's academic performance in a regular classroom after the child has been referred for an evaluation and parent consent obtained; or

(d) Progress monitoring data, including:

(A) Data that demonstrate that before, or as part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and

(B) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress that is directly linked to instruction.

(e) For a student evaluated using a response to intervention model as part of a comprehensive evaluation process to determine if the child has a specific learning disability, the evaluation must include documentation of:

(A) The type, intensity, and duration of scientific, research-based instructional intervention(s) provided in accordance with the district's response to intervention model;

(B) The student's rate of progress during the instructional intervention(s);

(D) Progress monitoring on a schedule that:

(i) Allows a comparison of the student's progress to the performance of peers;

(ii) Is appropriate to the student's age and grade placement;

(iii) Is appropriate to the content monitored; and

(iv) Allows for interpretation of the effectiveness of intervention.

(f) For a student evaluated using a model that is based on the student's strengths and weaknesses, the evaluation must include an assessment of the student's strengths and weaknesses in classroom performance and academic achievement, relative to age, Oregon grade-level standards, or intellectual development.

(g) Other:

(A) If needed, a developmental history;

(B) If needed, an assessment of cognition, fine motor, perceptual motor, communication, social or emotional, and perception or memory if the child exhibits impairment in one or more these areas;

(C) If needed, a medical statement or health assessment indicating whether there are any physical factors that may be affecting the child's educational performance; and

(D) Any other assessments required to determine the impact of the suspected disability:

(i) On the child's educational performance for a school-age child; or

(ii) On the child's developmental progress for a preschool child.

(3) Eligibility Team: For consideration of eligibility in the area of specific learning disabilities, the eligibility team must include:

(a) A group of qualified professionals and the parent;

(b) The child's regular classroom teacher or, if the child does not have a regular classroom teacher, a regular classroom teacher qualified to teach a child of his or her age, or, for a child of less than school age, a preschool teacher; and

(c) A person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or other qualified professional.

(4) Eligibility Criteria: To be eligible as a child with a specific learning disability for early childhood or school age special education services, the child must meet all of the minimum criteria:

(a) The child does not achieve adequately for the child's age or to meet Oregon grade-level standards in one or more of the following areas when provided with learning experiences and instruction appropriate for the child's age or Oregon grade-level standards:

(A) Basic reading skills:

(B) Reading fluency skills;

(D) Mathematics calculation;

(E) Mathematics problem-solving;

(F) Written Expression;

(G) Oral expression; or

(H) Listening comprehension.

(b) For a student evaluated using a response to intervention model, in relation to one or more of the areas in subsection (3)(a), the student does not make sufficient progress to meet age or Oregon grade-level standards based on the student's response to scientific, research-based intervention.

(c) For a student evaluated using a model that is based on the student's strengths and weaknesses, in relation to one or more of the areas in subsection (3)(a), the student exhibits a pattern of strengths and weaknesses in classroom performance, academic achievement, or both, relative to age, Oregon grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability.

(d) The child's rate of progress in subsection (3)(b) or pattern of strengths and weaknesses in subsection (3)(c) is not primarily the result of:

(A) A visual, or motor impairment; deaf or hard of hearing; intellectual disability or emotional behavior disability;

(B) Cultural factors;

(D) Limited English proficiency.

(5) Eligibility Determination: For a child to be eligible for early childhood or school age special education services as a child with a specific learning disability, the eligibility team must also determine that:

(a) The child has a specific learning disability as defined in this rule; and

(b) By reason thereof, the child requires early childhood special education (OAR 581-015-2795) or school age special education (OAR 581-015-2120) services.

(6) Eligibility Report: The eligibility team must prepare an evaluation report and written statement of eligibility documenting its findings, including:

(a) The evaluation data considered in determining the child's eligibility;

(b) A determination of whether the child meets the minimum criteria for a specific learning disability;

(c) The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child's academic functioning;

(d) The educationally relevant medical findings, if any;

(e) If the child participated in a response to intervention process, documentation that the parents were notified in a timely manner about: the state's policies regarding the amount and nature of student performance data that would be collected, and the general education services that would be provided, as part of the response to intervention process; strategies for increasing the child's rate of learning; and the parent's right to request an evaluation.

(f) The determination of the team concerning the effects of a visual, or motor disability; deaf or hard of hearing; intellectual disability; emotional behavior disability; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child's achievement level; and

(g) A determination of whether the primary basis for the suspected disability is:

(A) A lack of appropriate instruction in reading or math; or

(B) Limited English proficiency;

(h) A determination of whether the child's disability has an adverse impact on the child's educational performance;

(i) A determination of whether, as a result of the disability, the child needs special education services; and

(j) The signature of each member of the team indicating agreement or disagreement with the eligibility determination.

History

Statutory/Other Authority: ORS 343.035(1), 343.045, 343.146 & 343.157;
Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306
ODE 24-2023, amend filed 12/08/2023, effective 12/08/2023
ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 12-2011, f. & cert. ef. 10-31-11
Renumbered from 581-015-0051, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00
EB 22-1995, f. & cert. ef. 9-15-95
EB 16-1992, f. & cert. ef. 5-13-92
EB 25-1991(Temp), f. & cert. ef. 11-29-91
1EB 7-1986, f. & ef. 2-24-86
Reverted to 1EB 29-1978, f. & ef. 7-20-78
1EB 18-1983(Temp), f. & ef. 12-20-83
1EB 29-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2175 Traumatic Brain Injury

(1) Definition of Traumatic Brain Injury: For early intervention, early childhood special education, and school age special education, "Traumatic Brain Injury" means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma. Students with brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma, are not eligible under the category of traumatic brain injury but may be eligible under a different category.

(a) For early intervention: The impairments should currently affect or have the potential to significantly affect an infant or toddler’s developmental progress. The infant or toddler’s disability does not need to be presently affecting their development for the infant or toddler to be eligible for early intervention services.

(b) For early childhood and school age special education: The acquired injury to the brain must adversely affects a child's developmental progress (age 3 to 5) or educational performance (age 5 to 21).

(2) Comprehensive Evaluation: If a child is suspected of having a traumatic brain injury, a comprehensive evaluation must be conducted, including the following:

(a) A medical examination as defined in OAR 581-015-2000 or, with documentation of sufficient efforts by the Local Education Agency to obtain appropriate medical information through a medical examination and evidence that such information cannot be obtained, guided credible history interview process indicating that an event may have resulted in a traumatic brain injury;

(b) The guided credible history interview process is an interview facilitated by an individual familiar with the symptoms of a traumatic brain injury to thoroughly explore a family’s report of a possible traumatic brain injury. The guided credible history interview process must:

(A) Document one or more traumatic brain injuries,

(B) Be reported by a reliable and credible source, and

(c) A psychological assessment. A comprehensive psychological assessment using a battery of instruments intended to identify deficits associated with a traumatic brain injury administered and interpreted by a school psychologist licensed by Oregon Teacher Standards and Practices Commission (TSPC), a psychologist or a psychologist associate licensed under Chapter 675 by the Oregon Board of Psychological Examiners (OBPE), or in the case of a student from another state an individual similarly credentialed in another state;

(d) A developmental history as defined in OAR 581-015-2000; and

(e) Other:

(A) Other assessments including, but not limited to, motor assessments if the child exhibits motor impairments; communication assessments if the child exhibits a speech or language impairment; and psychosocial assessments if the child exhibits changed behavior. These assessments must be completed by qualified personnel knowledgeable in the specific area being assessed;

(B) Other information related to the child’s suspected disability, including pre-injury performance and a current measure of adaptive ability;

(C) An observation in at least two different settings. For early childhood and school age special education, an observation in the classroom and in at least one other setting;

(D) Any additional assessments necessary to determine the impact of the suspected disability:

(i) On the child's developmental progress for a child age birth to 5; or

(ii) On the child's educational performance for a child age 5 to 21.

(3) Eligibility Criteria: To be eligible as a child with a traumatic brain injury for early intervention, early childhood special education, or school age special education services, the child must meet all of the following criteria:

(a) The child has an acquired injury to the brain caused by an external physical force;

(b) The child’s condition is permanent or expected to last for more than 60 calendar days; and

(A) Communication;

(B) Behavior;

(C) Cognition, memory, attention, abstract thinking, judgment, problem-solving, reasoning, and/or information processing; or

(D) Sensory, perceptual, motor, and/or physical abilities.

(4) Eligibility Determination: For a child to be eligible for early intervention, early childhood special education, or school age special education services as a child with a traumatic brain injury, the eligibility team must determine that:

(a) The child has a traumatic brain injury as defined in this rule; and

(b) By reason thereof, the child requires early intervention (OAR 581-015-2780), early childhood special education (OAR 581-015-2795), or school age special education (OAR 581-015-2120) services.

History

Statutory/Other Authority: ORS 343.035(1), 343.045, 343.146 & 343.157;
Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306
ODE 24-2023, amend filed 12/08/2023, effective 12/08/2023
ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 8-2020, amend filed 03/20/2020, effective 03/21/2020
Renumbered from 581-015-0051, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00
EB 22-1995, f. & cert. ef. 9-15-95
EB 16-1992, f. & cert. ef. 5-13-92
EB 25-1991(Temp), f. & cert. ef. 11-29-91
1EB 7-1986, f. & ef. 2-24-86
Reverted to 1EB 29-1978, f. & ef. 7-20-78
1EB 18-1983(Temp), f. & ef. 12-20-83
1EB 29-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2180 Visual Impairment

(1) Definition of Visual Impairment: For early intervention, early childhood special education, and school age special education, “Visual Impairment” means an impairment in vision that, even with correction, adversely affects an infant or toddler’s development or a child’s educational performance. The term visual impairment includes low vision, total blindness, limited visual acuity after correction, restricted visual field, and progressive eye conditions.

(2) Comprehensive Evaluation: If a child is suspected of having a visual impairment, a comprehensive evaluation must be conducted for early intervention, early childhood special education, or school age special education services, including the following:

(a) Documentation of a vision examination as defined in OAR 581-015-2000. The vision examination should indicate whether:

(A) The child has a vision impairment that is uncorrectable by medical treatment, therapy or lenses; or

(B) The vision examination results are inconclusive, and the child demonstrates inadequate use of residual vision;

(b) A functional vision assessment conducted by a teacher of the visually impaired to identify the child's educational and compensatory needs, including a functional assessment of the child's residual visual acuity or field of vision; and

(c) Any additional assessments determined by the evaluation team to be necessary to determine the impact of the suspected disability:

(A) On the child's educational performance for a child age 5 to 21; or

(B) On the child's developmental progress for a child age birth to 5.

(3) Eligibility Criteria & Determination: For a child to be eligible for services as a child with a visual impairment, the eligibility team must determine that:

(a) The child has a visual impairment as defined in this rule; and

(b) By reason thereof, the child requires early intervention (OAR 581-015-2780), early childhood special education (OAR 581-015-2795), or school age special education (OAR 581-015-2120) services.

History

Statutory/Other Authority: ORS 343.035(1), 343.045, 343.146 & 343.157;
Statutes/Other Implemented: ORS 343.035(1), 343.045, 343.146, 343.157, 34 CFR 300.8 & 300.306
ODE 10-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 13-2019, amend filed 05/17/2019, effective 07/01/2019
Renumbered from 581-015-0051, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 11-2000, f. 5-3-00, cert. ef. 7-1-00
EB 22-1995, f. & cert. ef. 9-15-95
EB 16-1992, f. & cert. ef. 5-13-92
EB 25-1991(Temp), f. & cert. ef. 11-29-91
1EB 7-1986, f. & ef. 2-24-86
Reverted to 1EB 29-1978, f. & ef. 7-20-78
1EB 18-1983(Temp), f. & ef. 12-20-83
1EB 29-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2181 Functional Behavioral Assessments

(1) As used in this rule:

(a) “Behavior intervention plan” means an individualized plan, including positive interventions, designed to:

(A) Assist a student to decrease inappropriate behavior; and

(B) Increase or teach an alternative appropriate behavior.

(b) “504 Plan” means an education plan developed for a student in accordance with section 504 of the Rehabilitation Act of 1978, 29 U.S.C. 794.

(c) “Functional behavioral assessment” means an individualized assessment of a student that results in a hypothesis about the function of a student’s behavior and, as appropriate, recommendations for a behavior intervention plan.

(d) “Qualified person” means an individual with training and/or experience in conducting functional behavioral assessments.

(e) “Serious bodily injury” has the meaning given that term in ORS 339.285.

(f) “Service provider” includes school personnel who:

(A) Are or will be providing services related to the implementation of an individualized education program or a 504 Plan to the student; and

(B) Do not hold a teaching license or an administrative license.

(2)(a) A school district must conduct a functional behavioral assessment and develop, review or revise a behavior intervention plan within 45 school days of receiving parental consent to conduct the assessment for every student who has:

(A) An individualized education program or a 504 Plan; and

(B) Placed the student, other students or staff at imminent risk of serious bodily injury as a result of the student’s behavior.

(b) For purposes of this subsection, if a functional behavioral assessment has been previously completed, the school district must review and/or revise the existing functional behavior assessment.

(3) When a behavior intervention plan is developed, reviewed or revised as provided by subsection (2) of this section, the school district must:

(a) Ensure that the behavior intervention plan is based on a functional behavioral assessment that was conducted by a qualified person;

(b) Ensure that the behavior intervention plan appropriately addresses the student’s needs;

(c) Allow service providers involved in the incident when the student, other students or staff were at imminent risk of serious bodily injury to provide meaningful input into the development, review or revision;

(d) Inform the service providers about any portions of the behavior intervention plan that are relevant to the service providers and about any training opportunities for the service providers; and

(e) Ensure that the behavior intervention plan was correctly implemented before making any revisions.

History

Statutory/Other Authority: Sec. 2, Ch. 436, OL 2017
Statutes/Other Implemented: Sec. 2, Ch. 436, OL 2017
ODE 43-2018, adopt filed 12/10/2018, effective 12/10/2018

Or. Admin. R. 581-015-2190 Parent Participation – General

(1) School districts must provide one or both parents with an opportunity to participate in meetings with respect to the identification, evaluation, IEP and educational placement of the child, and the provision of a free appropriate public education to the child.

(2) Meeting Notice:

(a) School districts must provide parents with a written notice of the meeting sufficiently in advance to ensure that one or both parents will have an opportunity to attend.

(b) The written notice must:

(A) State the purpose, time and place of the meeting and who will attend;

(B) Inform the parent that they may invite other individuals whom they believe have knowledge or special expertise regarding the child;

(D) Inform the parent of whom to contact before the meeting to provide information if they are unable to attend.

(3) The school district must take whatever action is necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents who are deaf or whose native language is other than English.

(4) A meeting does not include informal or unscheduled conversations involving school district personnel and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision if those issues are not addressed in the child's IEP. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

(5) Conducting a meeting without a parent in attendance: A meeting may be conducted without a parent in attendance if the school district has given the parent notice under subsection (2), or, for IEP or placement meetings, in accordance with OAR 581-015-2195.

(6) Transfer of rights:

(a) The right to parent participation transfers to an adult student under OAR 581-015-2325.

(b) After the transfer of rights to an adult student under OAR 581-015-2325, the school district must provide written notice of meetings to the adult student and parent, if the parent can be reasonably located. A parent receiving notice of a meeting under this subsection is not entitled to attend the meeting unless invited by the adult student or by the school district.

History

Statutory/Other Authority: ORS 343.041, 343.055 & 343.155
Statutes/Other Implemented: ORS 343.155, 34 CFR 300.500, 300.327 & 300.501(b)
Renumbered from 581-015-0063, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 17-1999, f. & cert. ef. 9-24-99

Or. Admin. R. 581-015-2195 Additional Parent Participation Requirements for IEP and Placement Meetings

(1) Parent Participation: School districts must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP or placement meeting or are afforded the opportunity to participate, including:

(a) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and

(b) Scheduling the meeting at a mutually agreed on time and place.

(2) Other Methods to Ensure Parent Participation: If neither parent can attend, the school district must use other methods to ensure parent participation, including, but not limited to, individual or conference phone calls or home visits.

(3) Conducting an IEP/Placement Meeting without a Parent in Attendance: An IEP or placement meeting may be conducted without a parent in attendance if the school district is unable to convince the parents that they should attend.

(a) If the school district proceeds with an IEP meeting without a parent, the district must have a record of its attempts to arrange a mutually agreed on time and place such as:

(A) Detailed records of telephone calls made or attempted and the results of those calls;

(B) Copies of correspondence sent to the parents and any responses received; and

(b) The Department considers school district attempts to convince parents to attend sufficient if the school district:

(A) Communicates directly with the parent and arranges a mutually agreeable time and place, and sends written notice required under OAR 581-015-2190(2) to confirm this arrangement; or

(B) Sends written notice required under OAR 581-015-2190(2) proposing a time and place for the meeting and states in the notice that the parent may request a different time and place, and confirms that the parent received the notice.

(c) "Sufficient attempts" may all occur before the scheduled IEP or placement meeting, and do not require the scheduling of multiple agreed-upon meetings unless the team believes this would be in the best interest of the child.

(4) Considering Transition: If a purpose of the meeting is to consider postsecondary goals and transition services for a student, the written notice required by OAR 581-015-2190(2) must also:

(a) Indicate this purpose;

(b) Indicate that the school district will invite the student; and

(5) The school district must give the parent a copy of the IEP at no cost to the parent. If the parent does not attend the IEP meeting, the school district must ensure that a copy is provided to the parent.

(6) When conducting IEP team meetings and placement meetings, the parent of a child with a disability and a school district may agree to use alternative means of meeting participation, such as video conferences and conference calls.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.045, 343.155, 34 CFR 300.322, 300.500, 300.327, 300.328 & 300.501(c)
Renumbered from 581-015-0067, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 17-1999, f. & cert. ef. 9-24-99
EB 11-1995, f. & cert. ef. 5-25-95
EB 9-1993, f. & cert. ef. 3-25-93
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2200 Content of IEP

(1) The individualized education program (IEP) must include:

(a) A statement of the child's present levels of academic achievement and functional performance, including how the child's disability affects the child's involvement and progress in the general education curriculum.

(b) A statement of measurable annual goals, including academic and functional goals (and, for children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of short-term objectives) designed to:

(A) Meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and

(B) Meet each of the child's other educational needs that result from the child's disability.

(c) A description of how the child's progress toward meeting the annual goals will be measured and when periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided;

(d) A statement of the specific special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child:

(A) To advance appropriately toward attaining the annual goals;

(B) To be involved and progress in the general education curriculum and to participate in extracurricular and other nonacademic activities; and

(e) The projected dates for initiation of services and modifications and the anticipated frequency, amount, location and duration of the services and modifications described in subsection (1)(d) of this rule.

(f) An explanation of the extent, if any, to which the child will not participate with children without disabilities in the regular class and activities described in subsection (1)(d) of this rule.

(g) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and district-wide assessments of student achievement that are needed for the child to participate in the assessment:

(A) A child may not be exempt from participation in State or district-wide assessment, including extended and juried assessments, because of a disability, unless the parent has requested an exemption under OAR 581-022-0612.

(B) If the IEP team determines that the child must take the alternate assessment instead of the regular Statewide or a district-wide assessment, a statement of why the child cannot participate in the regular assessment, and why the alternate assessment is appropriate for the child.

(2) For the purposes of transition, the IEP must include:

(a) Beginning not later than the first IEP to be in effect when the child turns 16, or as early as age 14 or younger, if determined appropriate by the IEP team (including parent(s)), and updated annually thereafter:

(A) Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills; and

(B) The transition services (including courses of study) needed to assist the child in reaching those goals.

(C) Regarding employment, planning shall include information about and opportunities to experience supported employment services provided by Oregon Vocational Rehabilitation or the Oregon Office of Developmental Disability Services. These services must be provided in a competitive integrated employment setting, as defined by OAR 411-345-0020. Information about these services shall also be provided to the parent by the school district at each annual review for IEPs to be in effect when the child turns 16, or as early as age 14 or younger, if determined appropriate by the IEP team (including parent(s)).

(b) Beginning at least one year before a student reaches age 18, or when the district obtains actual knowledge that within one year the student will marry or become emancipated before age 18, a statement that the district has informed the student that procedural rights will transfer to the student upon age 18, marriage or emancipation, whichever occurs first.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.151
Statutes/Other Implemented: ORS 343.151 & 34 CFR 300.320
ODE 34-2021, amend filed 10/26/2021, effective 10/26/2021
ODE 27-2015, f. & cert. ef. 12-21-15
ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08
Renumbered from 581-015-0068, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 32-1999, f. 12-13-99, cert. ef. 12-14-99
EB 9-1993, f. & cert. ef. 3-25-93
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2205 IEP Team Considerations and Special Factors

(1) In developing, reviewing and revising the child's IEP, the IEP team must consider:

(a) The strengths of the child;

(b) The concerns of the parents for enhancing the education of their child;

(d) The academic, developmental, and functional needs of the child.

(2) In developing, reviewing and revising the child's IEP, the IEP team must consider the following special factors:

(a) The communication needs of the child; and

(b) Whether the child needs assistive technology devices and services.

(3) In developing, reviewing and revising the IEP of children described below, the IEP team must consider the following additional special factors:

(a) For a child whose behavior impedes the child’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies to address that behavior;

(b) For a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP;

(c) For a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child; and

(d) For a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communication with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode.

(4) If, in considering these special factors, the IEP team determines that a child needs a particular device or service (including an intervention, accommodation, or other program modification) for the child to receive free appropriate public education, the IEP team must include a statement to that effect in the child's IEP.

(5) Nothing in OAR 581-015-2200 or this rule may be construed to require the IEP team to include information under one component of a child's IEP that is already contained under another component of the child's IEP.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.151
Statutes/Other Implemented: ORS 343.051, 34 CFR 300.320, 300.324(a)(1) & (2) & (b)(2)
Renumbered from 581-015-0568, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 32-1999, f. 12-13-99, cert. ef. 12-14-99

Or. Admin. R. 581-015-2210 IEP Team

(1) School districts must ensure that the IEP Team for each child with a disability includes the following participants:

(a) One or both of the child's parents, except as provided in OAR 581-015-2195;

(b) The child where appropriate;

(c) At least one regular education teacher of the child, if the child is or may be participating in the regular education environment, consistent with section (4) of this rule;

(d) At least one special education teacher of the child or, if appropriate, at least one special education provider of the child;

(e) A representative of the school district, who may also be another member of the team, who is:

(A) Qualified to provide, or supervise the provision of, specially designed instruction;

(B) Knowledgeable about the general education curriculum;

(D) Authorized to commit district resources and ensure that services set out in the IEP will be provided.

(f) An individual who can interpret the instructional implications of the evaluation results (who may also be another member of the team);

(g) Other individuals, including related services personnel as appropriate, invited by:

(A) The parent, whom the parent determines to have knowledge or special expertise regarding the child; or

(B) The school district, whom the school district determines to have knowledge or special expertise regarding the child; and

(h) Transition services participants, as described in section (2) of this rule.

(2) If a purpose of the meeting will be consideration of the postsecondary goals for the student and the transition services needed to assist the student in reaching those goals:

(a) The school district must invite the student. If the student does not attend the meeting, the school district must take other steps to ensure that the student's preferences and interests are considered.

(b) To the extent appropriate, with consent of the parents or adult student, the school district must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.

(3) IEP team attendance:

(a) A member of the IEP team described in subsection (1)(c) through (1)(f) is not required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the school district agree in writing that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed at the meeting.

(b) A member of the IEP team described in subsection (1)(c) through (1)(f) may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of curriculum or related services, if:

(A) The parent and school district consent in writing to the excusal; and

(B) The member submits, in writing to the parent and the IEP team, input into the development of the IEP before the meeting.

(4) The regular education teacher of the child must participate as a member of the IEP team, to the extent appropriate, in the development, review, and revision of the child's IEP, including assisting in the determination of:

(a) Supplementary aids and services, program modifications and supports for school personnel that will be provided for the child; and

(b) Appropriate positive behavioral interventions and supports, and other strategies for the child.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.151
Statutes/Other Implemented: ORS 343.151, 34 CFR 300.344, 300.321, 300.324(a)(3) & (b)(3)
Renumbered from 581-015-0066, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 32-1999, f. 12-13-99, cert. ef. 12-14-99
EB 9-1993, f. & cert. ef. 3-25-93
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2215 Oregon Standard IEP

(1) Each school district must use the Oregon Standard IEP form in the development, review and revision of all IEPs, unless an alternate form is approved under subsection (4).

(2) A school district may use an alternate form in the development, review and revision of IEPs if the Department approves the alternate form.

(3) Criteria for approval. The criteria for approval of alternate forms includes, but is not limited to:

(a) Whether the alternate form meets the requirements for the contents of an IEP under OARs 581-015-2200, 581-015-2205, 581-015-2330, and 581-015-2065; and

(b) Whether use of the alternate form will reduce unnecessary or confusing paperwork.

(4) Approval process.

(a) Within 10 days of the established date of submission of the alternate form for approval, the Department will decide:

(A) Whether the alternate form is approved or disapproved; and

(B) Any conditions that apply to the use of the alternate form.

(b) A school district may ask for a reconsideration of the decision within 30 days of receiving the Department's decision in subsection (3). The Department will issue a written response to the district of the reconsideration within 30 days of receiving the request.

(c) If a school district changes or modifies the approved alternate form, the district must submit the form for approval before its use.

(d) The decisions of the Department under this rule are final.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.151
Statutes/Other Implemented: ORS 343.151
Renumbered from 581-015-0703, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 17-2000, f. & cert. ef. 5-23-00

Or. Admin. R. 581-015-2220 When IEPs Must Be In Effect

(1) General:

(a) At the beginning of each school year, a school district must have in effect an IEP for each child with a disability within the district’s jurisdiction.

(b) School districts must provide special education and related services to a child with a disability in accordance with an IEP.

(2) Initial IEPs:

(a) A school district must conduct a meeting to develop an initial IEP within 30 calendar days of a determination that the child needs special education.

(b) As soon as possible following development of the IEP, special education and related services must be made available to the child in accordance with the child’s IEP.

(3) Accessibility of IEPs. Each school district must:

(a) Ensure that the IEP is accessible to each regular education teacher, special education teacher, related service provider and other service provider who is responsible for its implementation; and

(b) Inform each teacher and provider described in (3)(a) of his or her specific responsibilities for implementing the child's IEP and the specific accommodations, modifications and supports that must be provided for or on behalf of the child in accordance with the IEP.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055;
Statutes/Other Implemented: ORS 343.151, 34 CFR 300.323 & 300.324
Renumbered from 581-015-0064, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 32-1999, f. 12-13-99, cert. ef. 12-14-99
EB 11-1995, f. & cert. ef. 5-25-95
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2225 Review and Revision of IEPs

(1) Annual review: Each school district must ensure that the IEP Team reviews the child’s IEP periodically, but at least once every 365 days, to:

(a) Determine whether the annual goals for the child are being achieved; and

(b) Revise the IEP, as appropriate, to address:

(A) Any lack of expected progress toward the annual goals described in OAR 581-015-2200 and in the general education curriculum, if appropriate;

(B) The results of any reevaluation conducted under OAR 581-015-2105;

(D) The child's anticipated needs; or

(E) Other matters.

(2) Agreement to amend or modify IEP

(a) In making changes to a child’s IEP between annual IEP Team meetings, the parent of a child with a disability and the school district may agree not to hold an IEP Team meeting to make these changes, and instead may develop a written document to amend or modify the child’s current IEP.

(b) If changes are made to the child’s IEP in accordance with subsection (1), the district must ensure that the child’s IEP team is informed of these changes.

(3) Amendments to IEP

(a) Changes to the IEP may be made either by the entire IEP team at an IEP team meeting, or as provided in subsection (2) by amending the IEP rather than by redrafting the entire IEP.

(b) Upon request, the parent must be provided with a revised copy of the IEP with the amendments incorporated.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.151
Statutes/Other Implemented: ORS 343.151, 34 CFR 300.324(a)(4), (a)(5), (a)(6) & (b)(1)
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2229 Individualized COVID-19 Recovery Services

(1) For the purposes of this rule, eligible students are defined as those students aged 3-21 who are eligible for and receive special education services under the Individuals with Disabilities Education Act.

(2) For the purposes of this rule, Individualized COVID-19 Recovery Services are defined as those services determined necessary for eligible students based on the unique needs that arise from their disability due to the impact of the COVID-19 pandemic, which may include but are not limited to:

(a) Special education and related services;

(b) Supplementary aids and services;

(d) Social emotional learning support; and

(e) Peer or adult support.

(3) The IEP team for each eligible student shall consider the need for Individualized COVID-19 Recovery Services at least at each initial IEP meeting and each regularly scheduled annual review meeting.

(a) IEP teams shall consider the impact of COVID-19 on the eligible student’s ability to engage in their education, develop and re-establish social connections with peers and school personnel, and adapt to the structure of in-person learning.

(b) For initial IEPs, IEP teams shall also review the impact of COVID-19 on the eligible student’s initial evaluation timeline and eligibility determination in considering the need for Individualized COVID-19 Recovery Services.

(c) For annual reviews, IEP teams shall also consider the impact of COVID-19 on the implementation of the eligible student’s IEP in considering the need for Individualized COVID-19 Recovery Services.

(4) Any member of the IEP team, including parents and eligible students, may request that the IEP team meet to review the need for Individualized COVID-19 Recovery Services at any time.

(a) IEP teams are not required to meet more than once annually to consider the need for Individualized COVID-19 Recovery Services unless updated information indicates the eligible student’s circumstances have changed or there is reason to suspect that the eligible student may need any additions or modifications to their Individualized COVID-19 Recovery Services.

(b) IEP teams that considered the need for Individualized COVID-19 Recovery Services at an initial IEP or annual review meeting on or after June 24, 2021 shall review the need for Individualized COVID-19 Recovery Services at the next annual review, but are not required to do so before then unless the eligible student’s circumstances have changed or there is reason to suspect that the eligible student may need any additions or modifications to their Individualized COVID-19 Recovery Services.

(5) When Individualized COVID-19 Recovery Services are recommended, the eligible student’s IEP must be updated to reflect the recommendation.

(6) Each school district or program shall provide written notice to the parents of each eligible student regarding the opportunity for the IEP team to meet to consider Individualized COVID-19 Recovery Services.

(7) After each determination is made, the school district or program shall provide written notice to the parent and/or adult student with a disability regarding the determination of need for Individualized COVID-19 Recovery Services. This notice shall include the following documentation:

(a) A statement of the Individualized COVID-19 Recovery Services recommended based on the meaningful input of all IEP team members, including parents and eligible students, as appropriate;

(b) The projected dates for initiation and duration of Individualized COVID-19 Recovery Services;

(c) The anticipated frequency, amount, location, and provider of the services described in subsection (7)(a) of this rule; and whether these services are being provided within the standard instructional day for the eligible student.

(8) If the district and parent hold an IEP meeting to discuss the need for Individualized COVID-19 Recovery Services and do not reach an agreement regarding such services, the school district and parent may request a Facilitated IEP meeting. If the district and the parent choose to participate in a Facilitated IEP meeting, the district shall notify ODE.

(9) Nothing in this rule shall affect or otherwise alter a parent’s right to seek mediation under OAR 581-015-2335, request a due process hearing under OAR 581-015-2345, a complaint under OAR 581-015-2030, or other parental rights under the procedural safeguards.

(10) Nothing in this rule relieves the district of its duty to create an appropriate IEP for every eligible student, regardless of whether the eligible student requires Individualized COVID-19 Recovery Services.

(11) The requirements of this rule shall take effect upon adoption and shall remain in effect until July 1, 2023 unless extended by the State Board of Education.

History

Statutory/Other Authority: ORS 326.051 & 343.041
Statutes/Other Implemented: ORS 326.051 & 343.041
ODE 41-2021, adopt filed 12/29/2021, effective 12/29/2021

Or. Admin. R. 581-015-2230 Transfer Students

(1) In state: If a child with a disability (who had an IEP that was in effect in a previous school district in Oregon) transfers to a new district in Oregon, and enrolls in a new school within the same school year, the new school district (in consultation with the child’s parents) must provide a free appropriate public education to the child (including services comparable to those described in the child’s IEP from the previous district), until the new district either:

(a) Adopts the child’s IEP from the previous school district; or

(b) Develops, adopts and implements a new IEP for the child.

(2) Out of state: If a child with a disability (who had an IEP that was in effect in a previous school district in another state) transfers to a new district in Oregon, and enrolls in a new school within the same school year, the new school district (in consultation with the child’s parents) must provide a free appropriate public education to the child (including services comparable to those described in the child’s IEP from the previous district), until the new district:

(a) Conducts an initial evaluation (if determined necessary by the new district); and

(b) Develops, adopts and implements a new IEP, if appropriate, that meets applicable requirements.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055;
Statutes/Other Implemented: ORS 343.045, 343.155 & 34 CFR 300.323
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2235 School District and Participating Agency Responsibilities for Transition Services

(1) If a participating agency, other than the school district, fails to provide agreed-upon transition services described in the IEP of a student with a disability, the school district must, as soon as possible, initiate an IEP meeting to identify alternative strategies to meet the transition objectives for the student set out in the IEP and, if appropriate, to revise the student's IEP.

(2) Nothing in this part relieves any participating agency, including a state vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.

History

Statutory/Other Authority: ORS 343.045 & 343.055
Statutes/Other Implemented: ORS 343.045, 343.155, 343.195 & 34 CFR 300.324(c)
Renumbered from 581-015-0070, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 32-1999, f. 12-13-99, cert. ef. 12-14-99
EB 9-1993, f. & cert. ef. 3-25-93

Or. Admin. R. 581-015-2240 Requirement for Least Restrictive Environment

School districts must ensure that:

(1) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who do not have a disability and

(2) Special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.045, 343.155 & 34 CFR 300.114
ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08
Renumbered from 581-015-0059, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
EB 11-1995, f. & cert. ef. 5-25-95
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2245 Alternative Placements and Supplementary Aids and Services

School districts must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. The continuum must:

(1) Include as alternative placements, instruction in regular classes, special classes, special schools, home instruction and instruction in hospitals and institutions;

(2) Make provision for supplementary aids and services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement; and

(3) Not include sheltered workshops as defined in OAR 581-015-2000(34) and 407-025-0010(16), or mock sheltered work settings as defined in OAR 581-015-2930.

History

Statutory/Other Authority: ORS 343.041, ORS 343.045 & ORS 343.155
Statutes/Other Implemented: ORS 343.045, ORS 343.155, 34 CFR 300.115 & ORS 343.955
ODE 20-2026, amend filed 04/28/2026, effective 04/28/2026
ODE 30-2019, minor correction filed 08/07/2019, effective 08/07/2019
ODE 47-2014, f. & cert. ef. 12-17-14
ODE 41-2014(Temp), f. & cert. ef. 9-8-14 thru 3-7-15
ODE 29-2013, f. & cert. ef. 12-18-13
ODE 10-2007, f. & cert. ef. 4-25-07, Renumbered from 581-015-0060
ODE 31-1999, f. 12-13-99, cert. ef. 12-14-99
EB 11-1995, f. & cert. ef. 5-25-95
1EB 269, f. & cert. ef. 12-22-77

Or. Admin. R. 581-015-2250 Placement of the Child

School districts must ensure that:

(1) The educational placement of a child with a disability:

(a) Is determined by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options;

(b) Is made in conformity with the Least Restrictive Environment (LRE) provisions of OAR 581-015-2240 to 581-015-2255.

(d) Is determined at least once every 365 days; and

(e) Is as close as possible to the child's home;

(2) The alternative placements under OAR 581-015-2245 are available to the extent necessary to implement the IEP for each child with a disability;

(3) Unless the child's IEP requires some other arrangement, the child is educated in the school that he or she would attend if not disabled;

(4) In selecting the least restrictive environment, consideration is given to any potential harmful effect on the child or on the quality of services which he or she needs; and

(5) A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum.

History

Statutory/Other Authority: ORS 343.041 & 343.045 & 343.055
Statutes/Other Implemented: ORS 343.045 & 343.155, 34 CFR 300.116 & 300.327
Renumbered from 581-015-0061, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 31-1999, f. 12-13-99, cert. ef. 12-14-99
EB 11-1995, f. & cert. ef. 5-25-95
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2255 Nonacademic Settings

(1) In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities described in OAR 581-015-2070, each school district must ensure that each child with a disability participates with children who do not have a disability in the extracurricular services and activities to the maximum extent appropriate to the needs of that child.

(2) School districts must ensure that each child with a disability has the supplementary aids and services determined by the child's IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.045, 343.155 & 34 CFR 300.117
ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2260 Rights of Children with Disabilities in Private Schools Placed or Referred by Public Agencies

Each public agency must ensure that a child with a disability who is placed in or referred to a private preschool, school or facility by the public agency as a means of providing early intervention/early childhood special education (EI/ECSE) or special education and related services:

(1) Is provided EI/ECSE or special education and related services in conformance with an IEP or IFSP, and at no cost to the parents;

(2) Is provided an education that meets the standards that apply to education provided by the public agency (except that private school teachers do not need to be highly qualified special education teachers); and

(3) Has all of the rights of a child with a disability who is served by the public agency.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.221 & 34 CFR 300.148
Renumbered from 581-015-0701, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 12-2000, f. 5-3-00, cert. ef. 5-3-00

Or. Admin. R. 581-015-2265 Obligations of Public Agencies that Contract with Approved Private Schools

(1) For the purposes of this rule, "public agency" means school districts and other public agencies that contract to provide EI/ECSE or special education. Public agencies may contract with private schools or preschools that are approved by the Department as contractors for EI/ECSE or special education pursuant to OAR 581-015-2270 through 581-015-2280.

(2) For a child birth through age 21, the public agency must fulfill all federal and state requirements relating to the evaluation, IFSP or IEP development, and placement when determining whether the child shall be placed in an approved private preschool for EI/ECSE services. For children ages 3 through 21, the public agency also must determine whether placement in an approved private school or preschool constitutes a free appropriate public education in the least restrictive environment for each child.

(3) A public agency that proposes to place a child with a disability in an approved private school or preschool must ensure that:

(a) The school-aged child is a resident of the school district under Oregon law;

(b) The child is eligible to receive EI/ECSE or special education services.

(4) Before the public agency places a child with a disability in an approved private school or preschool:

(a) The public agency must initiate and conduct a meeting to develop an IFSP or IEP meeting.

(b) The public agency must ensure that a representative of the approved private school or preschool attends the meeting.

(c) If a representative of the approved private school or preschool is unable to attend the meeting, the public agency must use other methods to ensure participation including, but not limited to, individual or conference telephone calls, or individual meetings.

(5) After a public agency initially places a child in an approved private school or preschool, any subsequent meetings to review or revise the child’s IFSP or IEP are the responsibility of the public agency.

(6) The public agency may request by written agreement that the approved private school or preschool initiate and conduct IFSP or IEP meetings. If the approved private school or preschool initiates and conducts these meetings at the request of the public agency, the public agency must ensure that the parents and a representative of the public agency:

(a) Are involved in any decision about the child's IFSP or IEP; and

(b) Agree to any proposed changes in the program before those changes are implemented.

(7) The public agency must conduct the meeting pursuant to OAR 581-015-2250 or, for ECSE, OAR 581-015-2845, to determine the annual educational placement of a child.

(8) The public agency placing a child age 3 through 21 in an approved private school or preschool must ensure that the child and the child's parents receive all the rights and protections as required for children with disabilities served by public agencies as set forth in federal law and in OAR chapter 581, division 015.

(9) The school district where the child resides must ensure that transportation is provided to and from the approved private school or preschool.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055;
Statutes/Other Implemented: ORS 343.221 & 34 CFR 300.325
Renumbered from 581-015-0141, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
ODE 16-2000, f. & cert. ef. 5-23-00
EB 18-1994, f. & cert. ef. 12-15-94
1EB 40-1978, f. & ef. 10-5-78

Or. Admin. R. 581-015-2270 Standards for Approval of Private Schools for School-age Children

(1) Applicability:

(a) This rule applies to private schools that intend to provide special education and related services to school-age children with disabilities who are placed in the school by a school district.

(b) This rule does not apply to educational programs operated by public agencies at treatment centers under OAR 581-015-2570 to 581-015-2574.

(c) This rule does not apply to private alternative schools registered under OAR 581-021-0072 if the contracting school district is providing the special education and related services in the student's IEP.

(2) Requirement for approval: Private schools that intend to provide special education under a written agreement with a school district must submit an application for initial approval and an annual application for renewal to the Department on a form provided by the Department in accordance with this rule.

(3) Initial approval: The application for initial approval must include:

(a) Documentation that the private school meets the following requirements:

(A) The applicable fire codes of the local or state fire marshal, including an annual inspection and documentation of correction of any violations;

(B) Facility occupancy and use standards set forth by the appropriate local building inspectors;

(C) Health standards of the county health department (including annual inspection and correction of any violations for environmental health, food service, and communicable disease); and

(D) OAR 581-022-1420 Emergency Plans and Safety Programs;

(E) If the private school acquired or leased a building after October 12, 1988, a copy of the Asbestos Management Plan in accordance with OAR 581-022-1430; and

(F) OAR 581-022-1440 Infectious Diseases including Acquired Immune Deficiency Syndrome (AIDS), Human Immunodeficiency Virus (HIV), and Hepatitis B and C

(b) Documentation that the private school:

(A) Has in effect commercial general liability insurance with policy limits of at least $500,000 per school site.

(i) The private school must provide the Department with the name of the insurance company, the number of the insurance policy, the policy limits covered by the policy, and the effective term of the policy.

(ii) If policy will expire during the approval year, the private school must submit documentation to the Department before the expiration date to maintain approval status.

(B) Has procedures in place regarding staff hiring and evaluation that require:

(i) The careful checking of personal and professional references for all potential employees;

(ii) Criminal background checks in compliance with ORS 181.539, 326.603, 326.607 and 342.232 for all potential employees; and

(iii) A regular schedule of staff evaluations of the competencies of all employees to work with children.

(D) Provides hours of instruction that meet state standards;

(E) Grants credit toward high school graduation consistent with OAR 581-022-1130 Diploma Requirements and 581-022-1350(2) and (3) Alternative Education Programs, or, if appropriate, an alternate document of completion as permitted under ORS 343.295.

(A) Uses curriculum content, teaching practices and equipment that do not violate the constitutional prohibition on religious entanglement;

(B) Implements the special education services as described in each child's individualized education program in accordance with the contract between the private school and the placing school district;

(D) Notifies the Department and the contracting public agency of any written complaint it receives concerning the special education programs and services being provided;

(E) Notifies the contracting public agency of the need for any change in a child's educational program and does not make changes in a child's IEP or special education program or services, or placement, unless the contracting school district consents to the changes; and

(F) Initiates and convenes IEP meetings only when this assistance is requested by a written agreement with the contracting school district in accordance with OAR 581-015-2265;

(G) Evaluates a child only when this assistance is requested by a written agreement with the contracting school district;

(H) Has at least one individual qualified to provide special education and licensed according to rules established by the Teacher Standards and Practices Commission available to serve the population of students described in the application. Private schools may provide special education and related services to students with disabilities placed by public agencies by employing professionals who are licensed within their own specialties. Pursuant to OAR 584-036-0010, these personnel are not required to hold licensure from the Teacher Standards and Practices Commission.

(I) Ensures that students have the opportunity to participate in district-wide and state-wide assessments of student achievement; and

(J) Meets the state curriculum standards set pursuant to OAR 581-022-1210.

(4) Renewal: The annual application for renewal of approval must include:

(a) Documentation that the private school meets:

(A) The requirements in subsection (3)(a)(A) and (3)(a)(C);

(B) If remodeled since the previous approval, the requirement in subsection (3)(a)(B);

(b) Documentation that the private school has insurance in accordance with subsection (3)(b)(A);

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: 343.221
ODE 14-2009, f. & cert. ef. 12-10-09
Renumbered from 581-015-0126, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 10-2004, f. & cert. ef. 8-4-04
ODE 1-2004, f. & cert. ef. 1-15-04
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 18-2000, f. & cert. ef. 5-23-00
EB 18-1994, f. & cert. ef. 12-15-94
1EB 28-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2275 Standards for Approval of Private Preschools

(1) Applicability:

(a) This rule applies to private preschools that intend to provide a preschool setting, early intervention (EI) or early childhood special education (ECSE) and related services, in accordance with an individual family service plan IFSP to children with disabilities ages birth to five placed in the preschool by the contractor or subcontractor.

(b) This rule does not apply to:

(A) Private preschools that include kindergarten (which must apply for approval under OAR 581-015-2265);

(B) Public agencies providing educational programs at treatment centers under OARs 581-015-2570 to 581-015-2574;

(C) Public programs including preschools operated by school districts. Oregon Head Start Prekindergarten, Head Start, Migrant Seasonal Head Start, Tribal Head Start, Early Head Start, Migrant Education preschools, and Even Start Family Literacy programs.

(2) Requirement for approval:

(a) Private preschools that intend to provide EI or ECSE and related services and/or a preschool setting under a written agreement with an EI/ECSE contractor or subcontractor must submit an application for initial approval and an annual application for renewal to the Department on a form provided by the Department, in accordance with this rule.

(b) A current Certificate of Approval from the Department of Employment's Child Care Division may be submitted in place of certain requirements as specified below, provided that:

(A) The Certificate of Approval is maintained throughout the approval period; or

(B) If the Certificate of Approval will expire during the approval term, the private school submits a new Certificate of Approval to the Department before the expiration date to maintain approved status.

(3) Initial approval:

(a) The application for initial approval must include documentation that the private preschool meets the following requirements:

(A) The applicable fire codes of the local or state fire marshal, including an annual inspection and documentation of correction of any violations;

(B) A copy of the initial facility occupancy and use standards set forth by the appropriate local building inspector;

(C) Health standards of the county health department (including annual inspection and correction of any violations for environmental health, food service, and communicable disease);

(D) The requirements set by OAR 581-022-2225 Emergency Plans and Safety Programs; and

(E) Procedures for staff hiring and evaluation that require:

(i) The careful checking of personal and professional references for all potential employees;

(ii) Criminal background checks in compliance with ORS 181.539, 326.603, 326.607 and 342.232 for all potential employees and evidence that these have been completed; and

(iii) A regular schedule of staff evaluations of the competencies of all employees to work with children.

(b) The application for initial approval must also include the following:

(A) Documentation that the private preschool has in effect commercial general liability insurance with policy limits of at least $500,000 per school site.

(i) The private preschool must provide the Department with the name of the insurance company, the number of the insurance policy, the policy limits covered by the policy, and the effective term of the policy.

(ii) If policy will expire during the approval year, the private school must submit documentation to the Department before the expiration date to maintain approval status.

(B) The private school's policy of nondiscrimination.

(A) Has at least one individual who is qualified to provide EI/ECSE and meets the requirements of OAR 581-015-2725(2) and (3);

(B) Uses curriculum content, teaching practices and equipment that do not violate the constitutional prohibition on religious entanglement;

(C) Implements each child's IFSP in accordance with the private preschool's written agreement with the EI/ECSE contractor or subcontractor responsible for the child's placement;

(D) Maintains the confidentiality of student records consistent with state and federal laws relating to student records;

(E) Notifies the Department and the contracting EI/ECSE contractor or subcontractor of any written complaint it receives for the EI/ECSE programs and services being provided;

(F) Notifies the contracting EI/ECSE contractor or subcontractor of the need for any change in a child's educational program and does not make changes in a child's IFSP, program, services, or placement, unless the contracting EI/ECSE contractor or subcontractor consents to the changes;

(G) Initiates and convenes the IFSP only when this assistance is requested by a written agreement with the contracting EI/ECSE contractor or subcontractor in accordance with OAR 581-015-2265;

(H) Evaluates a child only when this assistance is requested by a written agreement with the contracting EI/ECSE contractor or subcontractor; and

(I) Provides the opportunity for a child to participate in the Early Childhood assessment if this assistance is requested by a written agreement with the contracting EI/ECSE contractor or subcontractor.

(d) A current Certificate of Approval may be submitted in place of the requirements in subsection (3)(a).

(4) Renewal: The annual application for renewal of approval must include:

(a) Documentation that the private preschool:

(A) Meets the requirements in subsection (3)(a)(A) and (C);

(B) If remodeled since the previous approval, meets the requirement in (3)(a)(B); and

(b) Assurances that the private preschool meets the requirements in subsections (3)(a)(D)–(E), (3)(b)(B)–(C), and (3)(c).

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.465, 343.475 & 343.495
ODE 31-2019, minor correction filed 08/08/2019, effective 08/08/2019
ODE 14-2009, f. & cert. ef. 12-10-09
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2280 Process for Approval of Private School or Preschool as a Contractor with Public Agencies

(1) Initial approval: A private school or private preschool applying for initial approval may submit an application to the Department at any time pursuant to OAR 581-015-2270 and 581-015-2275, respectively. Within 30 calendar days of receiving the application, the ODE will review the submitted materials and may request additional documentation or clarification from the applicant to complete the application. The ODE will issue a decision after receiving a complete application. This decision will either grant or deny approval to provide special education services to students with disabilities placed or referred by public schools as per IDEA Sections 300.145-300.1471 as a private alternative education facility.

(2) Renewal:

(a) After a private school or preschool receives initial approval of an application, the private school or preschool must submit annual applications for renewal in accordance with OAR 581-015-2270 and 581-015-2275, respectively.

(b) To maintain continuous approval, a private school must demonstrate ongoing compliance and reporting obligations as well as submit evidence of updated insurance, fire, and health inspections with their renewal application 30 days prior to the expiration date which is one year from the initial approval date.

(c) The ODE will review the complete application and compliance documentation then issue a decision to either grant or deny a renewal approval to provide special education services by the expiration date.

(3) Amendment:

(a) An approved private school or preschool may make major program changes only with written prior approval from the Department. A major program change consists of any change in the information contained in a private school's or preschool’s approved application that would affect the school or preschool’s approval or disapproval under this rule.

(b) To request and receive approval for program changes, the private school or preschool must submit an amendment to the current approved application describing the changes proposed and the reasons for the changes. In addition, the amendment must describe the effect the changes will have on the children currently served under contracts with public agencies.

(c) After submitting an amendment as described in subsection (4)(a) of this rule, the private school or preschool may operate the services under the provisions of the amendment with conditional approval until the Department notifies the private school of the approval or denial of the amendment. The Department will notify the private school or preschool of approval or denial within a reasonable period of time, but no more than 45 days after receipt of the amendment by the Department.

History

Statutory/Other Authority: ORS 343.041, ORS 343.045 & ORS 343.055
Statutes/Other Implemented: ORS 343.221, ORS 343.475 & ORS 343.495
ODE 15-2024, amend filed 04/24/2024, effective 04/24/2024
Renumbered from 581-015-0131, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 18-2000, f. & cert. ef. 5-23-00
EB 18-1994, f. & cert. ef. 12-15-94
EB 20-1989, f. & cert. ef. 5-15-89
EB 40-1988(Temp), f. & cert. ef. 11-15-88
1EB 28-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2285 Suspension, Revocation or Refusal to Renew Approval

The Department may suspend, revoke or refuse to renew its approval of a private school or preschool to contract with public agencies for the provision of early intervention, early childhood special education or special education services if:

(1) The private school fails to maintain the approval standards in OAR 581-015-2270;

(2) The private preschool fails to maintain the approval standards in OAR 581-015-2275;

(3) The private school or preschool violates the rights of children with disabilities; or

(4) The private school or preschool refuses to implement corrective actions ordered by the Department after completion of a special investigation.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.055
Renumbered from 581-015-0711, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 18-2000, f. & cert. ef. 5-23-00

Or. Admin. R. 581-015-2290 Appeal of Denial, Suspension, Revocation or Refusal to Renew Approval

A private school or preschool may appeal the Department's denial, suspension, revocation or refusal to renew approval of a private school or preschool to contract with public agencies for the provision of early intervention, early childhood special education or special education services by requesting a contested case hearing under the provisions of ORS 183.413 through 183.470.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.055
Renumbered from 581-015-0712, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 18-2000, f. & cert. ef. 5-23-00

Or. Admin. R. 581-015-2295 Out-of-State Placements for Special Education

(1) Any private educational institution located outside the state of Oregon which provides special education to Oregon students eligible for special education pursuant to a contract with an Oregon district, ESD, or the Oregon Department of Education must first be approved by the state education agency of the state in which the educational institution is located.

(2) Documentation of such approval must be maintained by the district placing a child in an out-of-state program and made available to the Department upon request.

(3) Contractual arrangements for out-of-state special education services may be made when:

(a) It is determined that no appropriate in-state placement option is available; and

(b) Such a placement is made after the development of an IEP as specified in OAR 581-015-2190 through 581-015-2225.

(4) In the event the state does not have a formal, approved process, the school shall meet whatever requirements apply for private schools to serve publicly placed students in that state.

History

Statutory/Other Authority: ORS 343.041 & 343.045
Statutes/Other Implemented: ORS 343.041 & 343.045
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2300 Access to Student Education Records

(1) For purposes of ensuring the safeguards required for education records of children with disabilities, including early intervention and early childhood special education records, the Department adopts by reference the provisions of FERPA, 34 CFR 99.1 to 99.38, the IDEA, 34 CFR 300.610 to 34 CFR 300.627 and 34 CFR 303.401 through 303.411.

(a) For children with disabilities under age three, references to a “student” in these rules means an infant or toddler with a disability.

(b) For children with disabilities under age three, “student records” means EI records.

(2) This provision includes all education records with respect to:

(a) The identification, evaluation, and educational placement of the child; and

(b) The provision of a free appropriate public education to the child.

(3) The program, district, agency, or contractor must comply with a parent’s request to inspect and review records without unnecessary delay and provide copies of these records to the parent within the following timelines:

(a) For children under age three, before any meeting regarding an IFSP, or any hearing pursuant to 303.430(d) and 303.435 through 303.340, and in no case more than 10 business days after the request has been made.

(b) For children over the age of three, before any meeting regarding an IEP/IFSP, or any due process hearing, or resolution session related to a due process hearing, and in no case more than 10 business days after the request has been made.

(4) Records may be redacted only to the extent necessary to protect personally identifiable information of other children unless disclosure is authorized by law or court order.

History

Statutory/Other Authority: ORS 343.041 & ORS 343.155
Statutes/Other Implemented: ORS 343.155, ORS 343.173, 34 CFR 300.501 & 34 CFR 303.405(a)
ODE 34-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 15-2012, f. 6-8-12, cert. ef. 6-11-12
ODE 13-2012(Temp), f. 3-30-12, cert. ef. 4-2-12 thru 9-1-12
Renumbered from 581-015-0606, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
ODE 4-2000, f. & cert. ef. 2-1-00

Or. Admin. R. 581-015-2305 Independent Educational Evaluation

(1) A parent of a child with a disability or suspected disability has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the school district.

(a) "Independent educational evaluation" means an evaluation conducted by a qualified examiner who is not employed by the school district responsible for the education of the child.

(b) "Public expense" means that the school district either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent.

(2) If a parent requests an independent educational evaluation at public expense, the school district must provide information to parents about where an independent educational evaluation may be obtained, and the school district criteria applicable for independent educational evaluations.

(3) If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation, the qualifications of the examiner, and cost, must be the same as the criteria the school district uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an independent educational evaluation.

(a) Except for the criteria in subsection (3), a school district may not impose conditions, or timelines related to obtaining an independent education evaluation at public expense.

(b) The school district must provide parents an opportunity to demonstrate that unique circumstances justify an independent education evaluation that does not meet the district's criteria.

(4) If a parent requests an independent education evaluation at public expense, the school district must, without unnecessary delay, either:

(a) Ensure that an independent educational evaluation is provided at public expense unless the school district demonstrates in a hearing under OAR 581-015-2345 that the evaluation obtained by the parent did not meet school district criteria in accordance with (3); or

(b) Initiate a due process hearing under OAR 581-015-2345 to show that its evaluation is appropriate.

(5) If the school district initiates a hearing and the final decision is that the school district's evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.

(6) If the parent requests an independent educational evaluation, the school district may ask why the parent disagrees with the public evaluation. The parent may, but is not required, to provide an explanation. The school district may not unreasonably delay either providing the independent education evaluation at public expense or initiating a due process hearing to defend the public evaluation.

(7) If the parent obtains an independent educational evaluation at public expense or shares with the district an evaluation obtained at private expense, the results of the evaluation:

(a) Must be considered by the school district, if it meets the district’s criteria, in any decision made with respect to the provision of a free appropriate public education to the child; and

(b) May be presented by any party as evidence at a due process hearing.

(8) If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation must be at public expense.

(9) A parent is entitled to only one independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.155
Statutes/Other Implemented: ORS 343.155, 343.173 & 34 CFR 300.502
Renumbered from 581-015-0094, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 21-1999, f. & cert. ef. 9-24-99
EB 11-1995, f. & cert. ef. 5-25-95
EB 3-1990, f. & cert. ef. 1-26-90
EB 28-1989(Temp), f. & cert. ef. 10-16-89
1EB 5-1980, f. 2-22-80, ef. 2-23-80
1EB 18-1979(Temp), f. & ef. 11-15-79
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2310 Prior Written Notice

(1) For purposes of this rule, school district also means ECSE program and its contractors and subcontractors.

(2) Prior written notice must be given to the parent of a child, and to the adult student after rights have transferred, within a reasonable period of time before a school district.

(a) Proposes to initiate or change, the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to the child; or

(b) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.

(3) The content of the prior written notice must include:

(a) A description of the action proposed or refused by the school district;

(b) An explanation of why the district proposes or refuses to take the action;

(c) A description of each evaluation procedure, assessment, test, record, or report the school district used as a basis for the proposed or refused action;

(d) A statement that the parents of a child with a disability have protection under the procedural safeguards and, if this notice is not an initial referral for evaluation, the means by which a copy of the Notice of Procedural Safeguards may be obtained;

(e) Sources for parents to contact to obtain assistance in understanding their procedural safeguards.

(f) A description of other options that the IEP Team considered and the reasons why those options were rejected; and

(g) A description of other factors that are relevant to the agency’s proposal or refusal.

(4) The prior notice must be:

(a) Written in language understandable to the general public; and

(b) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

(5) If the native language or other mode of communication of the parent is not a written language, the school district must take steps to ensure that:

(a) The notice is translated orally or by other means to the parent in the parent's native language or other mode of communication;

(b) The parent understands the content of the notice; and

History

Statutory/Other Authority: ORS 343.045 & 343.155
Statutes/Other Implemented: ORS 343.155, 343.159 & 34 CFR 300.503
ODE 12-2013, f. & cert. ef. 5-30-13
ODE 11-2013(Temp), f. & cert. ef. 4-25-13 thru 10-21-13
Renumbered from 581-015-0075, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 1-2004, f. & cert. ef. 1-15-04
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 18-1999, f. & cert. ef. 9-24-99
EB 11-1995, f. & cert. ef. 5-25-95
EB 3-1990, f. & cert. ef. 1-26-90
EB 28-1989(Temp), f. & cert. ef. 10-16-89
1EB 5-1980, f. 2-22-80, ef. 2-23-80
1EB 18-1979(Temp), f. & ef. 11-15-79

Or. Admin. R. 581-015-2315 Notice of Procedural Safeguards

(1) School districts must give parents a copy of the Notice of Procedural Safeguards at a minimum only one time per year, except that a copy must be given to the parents:

(a) Upon initial referral or parent request for evaluation;

(b) Upon request by a parent; and

(2) The procedural safeguards notice must include all of the content provided in the Notice of Procedural Safeguards published by the Department in the following areas:

(a) Independent educational evaluations;

(b) Prior written notice;

(d) Access to educational records;

(e) Mediation, complaints and due process hearings;

(f) The child's placement during pendency of due process proceedings;

(g) Procedures for students who are subject to placement in an interim alternative educational setting;

(h) Requirements for unilateral placement by parents of children in private school at public expense;

(i) Civil actions, including the time period for filing such actions;

(j) Attorney's fees; and

(k) Transfer of rights at age of majority.

(3) The Notice of Procedural Safeguards must be written in language understandable to the general public.

(4) The Notice of Procedural Safeguards must be provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

(5) If the native language or other mode of communication of the parent is not a written language, the school district shall take steps to ensure:

(a) That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;

(b) That the parent understands the content of the notice; and

History

Statutory/Other Authority: ORS 343.055 & 343.155
Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.504
Renumbered from 581-015-0079, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 19-1999, f. & cert. ef. 9-24-99

Or. Admin. R. 581-015-2320 Surrogate Parents

(1) Each public agency must ensure that the rights of a child and, as determined appropriate under OAR 581-015-2325, adult student with a disability are protected by determining the need for, and when appropriate assigning, a surrogate parent when no parent (as defined in OAR 581-015-2000) with legal rights in respect to a student’s educational decision making can be identified or located after reasonable efforts and additionally:

(a) The child is a ward of the state and there is reasonable cause to believe that the child has a disability; or

(b) The child is an unaccompanied homeless youth.

(2) The school district may not appoint a surrogate solely because the parent or adult student to whom rights have transferred is uncooperative or unresponsive to special education needs.

(3) Notwithstanding section (1) of this rule, each school district must have a method for determining whether a child or adult student, as determined appropriate under OAR 581-015-2325, needs a surrogate parent and for assigning a surrogate parent to the child or adult student, as determined appropriate under OAR 581-015-2325. The school district must ensure that each person approved to serve as a surrogate:

(a) Is not an employee of the school district or the Department or any other agency that is involved in the education or care of the child or adult student, as determined appropriate under OAR 581-015-2325;

(b) Is free of any personal or professional interest that conflicts with representing the child’s or adult student’s, as determined appropriate under OAR 581-015-2325, special education interests; and

(c) Has knowledge and skills that ensure adequate representation of the child or adult student, as determined appropriate under OAR 581-015-2325 in special education decisions.

(4) If the Juvenile Court appoints a surrogate parent for a child or adult student under ORS 419B.220 or 419C.220, within 10 school days of receipt of the ODHS Child Welfare School Notification, the school district must:

(a) Recognize and document the court-appointed surrogate as the student’s educational decisionmaker;

(b) Secure and retain a copy of the appointment order; and

(c) Not override, terminate, or replace the court-appointed surrogate unless ordered by the Juvenile Court or upon receipt of a new court order.

(5) For an unaccompanied homeless youth, appropriate staff of emergency shelters, independent living programs and street outreach programs may be appointed as a temporary surrogate parent without regard to subsection (3)(a) until a surrogate can be appointed that meets all of the requirements of subsection (3).

(6) An appointed surrogate parent has all of the special education rights and procedural safeguards available to the parent.

(7) A surrogate is not considered an employee of a school district solely on the basis that the surrogate is compensated from public funds.

(8) The duties of the surrogate parent are to:

(a) Protect the special education rights of the child or adult student, as determined appropriate under OAR 581-015-2325;

(b) Be acquainted with the child’s or adult student’s, as determined appropriate under OAR 581-015-2325, disability and the child’s or adult student’s, as determined appropriate under OAR 581-015-2325, special education needs;

(c) Represent the child or adult student, as determined appropriate under OAR 581-015-2325, in all matters relating to the identification, evaluation, IEP and educational placement of the child or adult student, as determined appropriate under OAR 581-015-2325; and

(d) Represent the child or adult student, as determined appropriate under OAR 581-015-2325, in all matters relating to the provision of a free appropriate public education to the child or adult student, as determined appropriate under OAR 581-015-2325.

(e) The surrogate, parent, or adult student, as appropriate, may request review or termination of the surrogate appointment at any time.

(9) A surrogate has the same rights granted to a parent in a hearing under OAR 581-015-2360, and the procedures regarding hearings in OAR 581-015-2340 through 581-015-2385 apply.

(10) A parent, or an adult student to whom rights have transferred, may give written consent for a surrogate to be appointed.

(a) When a parent or an adult student request that a surrogate be appointed:

(A) The parent or adult student retains all parental rights to receive notice under OAR 581-015-2190, 581-015-2195, 581-015-2310, and 581-015-2315 and all of the information provided to the surrogate.

(B) The surrogate, alone, is responsible for all matters relating to the special education of the child or adult student unless the parent or adult student revokes consent for the surrogate’s appointment.

(b) The parent or adult student may revoke consent at any time by providing a written request to revoke the surrogate’s appointment.

(11) The school district may change or terminate the appointment of a surrogate when:

(a) The person appointed as surrogate is no longer willing to serve;

(b) Rights transfer to the adult student, unless determined to continue to require a surrogate under OAR 581-015-2325, or the child or adult student, as determined appropriate under OAR 581-015-2325, graduates with a regular diploma;

(c) The child or adult student, as determined appropriate under OAR 581-015-2325, is no longer eligible for special education services;

(d) The legal guardianship of the child or adult student, as determined appropriate under OAR 581-015-2325, is transferred to a person who is able to carry out the role of the parent;

(e) A foster parent is identified who can carry out the role of parent under OAR 581-015-2000(20);

(f) The parent, who previously could not be identified or located, is now identified or located;

(g) The appointed surrogate is no longer eligible;

(h) The child or adult student, as determined appropriate under OAR 581-015-2325, moves to another school district; or

(i) The child or adult student, as determined appropriate under OAR 581-015-2325, is no longer a ward of the state or an unaccompanied homeless youth.

(12) A person appointed as surrogate will not be held liable for actions taken in good faith on behalf of the parent in protecting the special education rights of the child or adult student, as determined appropriate under OAR 581-015-2325.

(13) When it is determined that a surrogate parent is needed to protect the rights of a student with a disability as outlined above, the surrogate must be appointed not more than 30 calendar days after the determination that the student needs a surrogate.

(14) The necessity of a surrogate parent must be reviewed at least every 365 calendar days or when requested by the adult student or surrogate parent.

History

Statutory/Other Authority: ORS 343.041, ORS 343.045, ORS 343.055 & ORS 343.155
Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.519
ODE 58-2025, amend filed 12/11/2025, effective 12/12/2025
ODE 33-2025, temporary amend filed 06/16/2025, effective 06/17/2025 through 12/12/2025
ODE 32-2025, temporary amend filed 06/16/2025, effective 06/16/2025 through 06/16/2025
ODE 6-2015, f. & cert. ef 3-11-15
Renumbered from 581-015-0099, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 23-1999, f. & cert. ef. 9-24-99
EB 11-1995, f. & cert. ef. 5-25-95
EB 9-1992, f. & cert. ef. 4-7-92
1EB 5-1980, f. 2-22-80, ef. 2-23-80
1EB 18-1979(Temp), f. & ef. 11-15-79

Or. Admin. R. 581-015-2325 Transfer of Procedural Rights at Age of Majority

(1) When a child with a disability reaches the age of majority under ORS 109.510 or 109.520, or is emancipated pursuant to 419B.550 to 419B.558, the rights accorded to the child’s parents under the special education laws transfer to the child. A student for whom rights have transferred is considered an “adult student” under OAR 581-015-2000.

(2) Beginning no later than the first IEP at or after age 14, or earlier when the IEP team determines it is appropriate, the IEP team must annually consider and, where appropriate, include age-appropriate, documented activities and goals designed to build the student’s capacity to understand and exercise procedural rights and self-determination.

(3) Notwithstanding section (1) of this rule:

(a) After considering the adult student’s preferences, interests, needs, and strengths based on age appropriate transition assessment, when the IEP team determines it is necessary, a school district shall appoint the parent of an adult student or, if the parent is not available, not willing, or not able, another appropriate individual to serve as a surrogate parent under OAR 581-015-2320 for any adult student who:

(A) has a disability;

(B) is not able to provide informed consent with respect to their educational program as a result of their disability; and

(C) is not already subject to a court order depriving them of decision-making authority or otherwise designating another person to make educational decision, as described below.

(b) In considering whether an adult student has the capacity to provide informed consent with respect to their educational program, the school district shall, at minimum, consider whether the adult student:

(A) Has any condition or circumstance that significantly interferes with their understanding of, and ability to participate meaningfully in, the IEP process, even with the use of supplementary aids and services; or

(B) Experiences any significant limitations in communicating their educational concerns, or expressing their preferences, interests, needs, or strengths regarding their IEP in a way that interferes with their ability to participate meaningfully in the IEP process, even with the use of supplementary aids and services.

(c) In considering whether an adult is suitable to serve as surrogate parent for an adult student, the school district shall consider all of the following:

(A) Any indication of the adult student’s preferences about who might serve as a surrogate parent;

(B) If the parent is not appointed as the surrogate, any input from the parent about who might serve as a surrogate parent;

(i) a pre-existing relationship with the proposed surrogate;

(ii) a history of positive interactions with the proposed surrogate; and

(iii) a demonstrated comfort in the presence of the proposed surrogate;

(iv) Whether the other adult has:

(I) demonstrated an understanding of the responsibilities of a surrogate parent;

(II) demonstrated an understanding of and the willingness to apply the principles of supported decision-making for the benefit of the adult student; and

(III) demonstrated the capacity to reliably act to the benefit of the adult student.

(v) Any disqualifying factors listed in ORS 343.156.

(d) The determination that a surrogate parent or conditional surrogate parent is necessary can be made in any IEP meeting for the adult student. For conditional surrogate appointments, the determination must include, but is not limited to:

(A) Documentation of the adult student’s informed consent to the conditional arrangement;

(B) Clear specification of activation criteria and deactivation procedures;

(D) Procedures for the adult student to revoke the conditional surrogate appointment at any time when they have capacity to do so.

(e) Pursuant to a protective proceeding under ORS Chapter 125, the Probate Court may find the child to be incapacitated to make educational decisions and may appoint a guardian to exercise these rights.

(f) Under ORS 419B.220 or 419C.220, the Juvenile Court may appoint a surrogate parent to exercise these rights for a ward of the state. The district must follow requirements from OAR 581-015-2320 to document and recognize the appointment.

(g) For students aged 18-21 incarcerated in state or local correctional facilities, the district or service provider must:

(A) Deliver all required notices using the correctional facility’s delivery system;

(B) Ensure the student can confidentially participate in IEP/surrogate discussions; and

(C) Coordinate with facility staff to enable participation by the student’s chosen representative (including by phone or video).

(h) Conditional Surrogate Appointment:

(A) For the purposes of this rule, a conditional surrogate means a surrogate parent who exercises all rights and authority of a surrogate only during those periods of time when the IEP team has determined it necessary.

(B) When the IEP team determines that an adult student requires the aid of a conditional surrogate parent to provide informed consent regarding their educational program, and after considering the principles of supported decision-making under subsection (2)(h) of this rule, the school district may appoint a conditional surrogate parent who shall exercise decision-making authority only during specific periods when the adult student’s capacity makes them unable to provide informed consent for their educational program.

(i) A conditional surrogate appointment shall be made only when:

(A) The adult student has provided informed consent during a period when able to do so for the conditional appointment;

(B) The IEP team has documented specific patterns or circumstances that predictably affect the adult student’s decision-making capacity; and

(C) Clear activation criteria have been established and agreed upon by the adult student, IEP team, and proposed conditional surrogate.

(D) The criteria to establish conditional surrogate authority includes but is not limited to:

(i) Documented medical or psychological episodes that temporarily impair decision-making capacity;

(ii) Specific environmental stressors or circumstances that have been shown to impact the adult student’s ability to participate meaningfully in educational decisions;

(iii) Emergency situations requiring immediate educational decisions when the adult student’s capacity is compromised and delay would result in harm to the adult student or others; or

(iv) Other circumstances specifically documented in the adult student’s IEP that create predictable periods of impaired capacity.

(E) During periods when the conditional surrogate is not activated, the adult student retains all decision-making authority and rights under this rule.

(F) Supported Decision-Making Considerations: Before determining that a surrogate parent is necessary under subsection (2)(a) or a conditional surrogate is appropriate under subsection (2)(g), the IEP team shall consider and document whether supported decision-making could enable the adult student to participate meaningfully in educational decisions. Supported decision-making support may include but is not limited to:

(i) Providing additional time for the adult student to process information and make decisions;

(ii) Using plain language, visual aids, or other communication supports;

(iii) Allowing trusted supporters chosen by the adult student to assist in understanding options and consequences;

(iv) Breaking complex decisions into smaller components; or

(v) Scheduling meetings at times when the adult student’s capacity is typically at its highest level.

(4) If a surrogate or conditional surrogate is considered, the district and IEP team must first document why less restrictive means were not appropriate and what steps were taken to support the student’s ability to participate meaningfully and independently in the IEP process without a surrogate or conditional surrogate.

(5) A school district is not responsible for the costs of a protective proceeding unless the school district is the Petitioner.

(6) Pursuant to OAR 581-015-2320(9), a child to whom rights transfer may request that a surrogate be appointed to exercise the child’s special education rights.

(7) This rule applies to all students, including students who are incarcerated in a state or local adult or juvenile correctional facility or jail.

(8) Conditional Surrogate Implementation and Safeguards

(a) A conditional surrogate parent shall:

(A) Exercise authority only when the criteria described in this rule are met;

(B) Involve the adult student in decision-making to the greatest extent possible, even during periods of impaired capacity;

(D) Immediately cease exercising authority when the adult student’s capacity is restored or when the adult student requests to resume decision-making authority.

(b) The school district shall:

(A) Document the basis for the appointment of a conditional surrogate;

(B) Provide notice to the adult student and any relevant parties when conditional surrogate authority is activated or deactivated;

(D) Maintain detailed documentation of all activations, decisions made, and deactivations; and

(E) Ensure that activation decisions are made by qualified personnel familiar with the adult student and their circumstances.

(A) Challenge any activation of conditional surrogate authority;

(B) Request immediate review of surrogate decisions;

(D) Choose their own conditional surrogate, subject to the qualifications in subsection (2)(c).

(9) Presumption of Capacity and Dignity Preservation:All determinations under this rule shall:

(a) Begin with a presumption that the adult student has capacity to make educational decisions;

(b) Recognize that capacity can fluctuate and that lack of capacity at one time does not establish a permanent lack of capacity;

(d) Utilize the least restrictive means necessary to ensure appropriate educational services;

(e) Prioritize the adult student’s own expressed preferences, values, and previously stated wishes in all decision-making processes.

History

Statutory/Other Authority: ORS 343.055 & ORS 343.155
Statutes/Other Implemented: ORS 343.155, ORS 343.181 & 34 CFR 300.520
ODE 58-2025, amend filed 12/11/2025, effective 12/12/2025
ODE 33-2025, temporary amend filed 06/16/2025, effective 06/17/2025 through 12/12/2025
ODE 32-2025, temporary amend filed 06/16/2025, effective 06/16/2025 through 06/16/2025
Renumbered from 581-015-0101, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-1999, f. & cert. ef. 9-24-99

Or. Admin. R. 581-015-2330 Notice of Transfer of Rights at Majority

(1) The school district must provide notice to the child and the parent that rights will transfer at the age of majority. This notice must be provided at the IEP meeting and documented on the IEP:

(a) At least one year before the child's 18th birthday; or

(b) Upon actual knowledge that within a year the child will likely marry or become emancipated before age 18.

(2) The school district must provide written notice to the child and to the parent at the time of the transfer of rights.

History

Statutory/Other Authority: ORS 343.055 & 343.155
Statutes/Other Implemented: ORS 343.155, 343.181 & 34 CFR 300.520
Renumbered from 581-015-0102, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 25-1999, f. & cert. ef. 9-24-99

Or. Admin. R. 581-015-2335 Mediation

(1) The Department offers mediation at no cost to the parties to resolve special education disputes, including matters arising before the filing of a complaint or hearing request.

(2) Mediation:

(a) Must be voluntary on the part of the parties;

(b) Must not be used to deny or delay a parent's right to a due process hearing under OAR 581-015-2345, a complaint under 581-015-2030 or other procedural safeguards; and

(3) The Department maintains a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services. The parties to mediation participate in the selection of the mediator. Mediators are selected from the list on a random, rotational, or other impartial basis.

(4) Each session in the mediation process must be scheduled in a timely manner and must be held in a location that is convenient to the parties to the dispute.

(5) An agreement reached by the parties to the dispute in the mediation process must be set forth in a legally binding written mediation agreement. The written agreement must:

(a) State the terms of the agreement;

(b) State that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and

(6) The mediation agreement is enforceable in any state court of competent jurisdiction or in a district court of the United States.

(7) Discussions that occur during the mediation process are confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings.

(8) Not withstanding subsection (6), a mediation communication is not confidential if it relates to child or elder abuse and is made to a person who is required to report abuse, or threats of physical harm, or professional conduct affecting licensure.

(9) An individual who serves as a mediator:

(a) May not be an employee of:

(A) Any school district;

(B) The Department of Corrections;

(b) Must not have a personal or professional interest that conflicts with the person’s objectivity.

(10) A person who otherwise qualifies as a mediator is not an employee under subsection (9)(a) of this rule solely because he or she is paid by the Department to serve as a mediator.

(11) The Department may request parents who are reluctant to use the mediation process to meet with a neutral party who would explain the benefits of the mediation process and encourage the parents to use the process. This meeting shall occur at a time and location convenient to the parents and at no cost to the parents. The Department or school district may not deny or delay a parent's right to a due process hearing if the parent fails to participate in this meeting.

Stat.: Auth.: ORS 343.055, 343.155

History

Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.506
Renumbered from 581-015-0095, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 22-1999, f. & cert. ef. 9-24-99

Or. Admin. R. 581-015-2340 Procedural Rules for Due Process Hearings

(1) Pursuant to an interagency agreement with the Office of Administrative Hearings, the Office of Administrative Hearings will assign administrative law judges to conduct special education due process hearings.

(2) The Department of Justice’s model rules for administrative hearings, OAR 137-003-0501 through 137-003-0700, apply to the extent consistent with federal law and these division 15 regulations, except that:

(a) The school district is required to provide any evidence without undue delay to:

(A) A parent, if the parent requests the evidence;

(B) The Department of Education, a court or an entity designated by the department or court, if the department, court or entity requests the evidence; or

(C) A parent, the department, a court or an entity designated by the department or court if the evidence was provided to the school district’s attorney and is not subject to attorney-client privilege.

(b) Any evidence provided to a parent, the department, a court or a designated entity of the department or court may be redacted only to the extent necessary to protect personally identifiable information of other students unless disclosure is authorized by law or court order.

(3) The Department's interagency agreement with the Office of Administrative Hearings will identify delegations of authority and the application of the rules in this section.

History

Statutory/Other Authority: ORS 343.041, ORS 343.045, ORS 343.055 & ORS 343.155
Statutes/Other Implemented: ORS 343.055 & ORS 343.155
ODE 34-2024, amend filed 06/14/2024, effective 06/14/2024
Renumbered from 581-015-0097, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03

Or. Admin. R. 581-015-2345 Hearing Request and Response

(1) Request for Hearing:

(a) Parent Requests for a Due Process Hearing:

(A) A parent may request a due process hearing in accordance with subsection(3) if the parent does not agree with the identification, evaluation, educational placement of a child, or the provision of a free appropriate education to a child who may be disabled.

(B) The parent, or the attorney representing the child, must provide notice to the school district and to the Department when requesting a hearing. The notice (which remains confidential) must, include:

(i) The child's name and address (or available contact information in the case of a homeless child);

(ii) The name of the school the child is attending;

(iii) A description of the nature of the problem of the child relating to the proposed or refused initiation or change, including facts relating to the problem; and

(iv) A proposed resolution of the problem to the extent known and available to the party at the time.

(b) School District Requests for a Due Process Hearing:

(A) A school district may request a due process hearing regarding identification, evaluation or educational placement of a child with a disability, or the provision of a free appropriate public education to the child.

(B) The school district requesting a due process hearing, or the attorney representing the district, must provide notice to the parent and to the Department in as described in subsection (1)(a)(B).

(c) A party may not have a hearing until the party, or the attorney representing the party, files a due process hearing request that meets the requirements of subsection (1)(a)(B) or (1)(b)(B).

(2) Response to hearing request:

(a) School district: If the school district has not sent a prior written notice to the parent regarding the subject matter in the parent’s due process request, the school district must, within ten days of receiving the request:

(A) Send to the parent a response that includes:

(i) An explanation of why the school district proposed or refused to take the action raised in the hearing request;

(ii) A description of other options that the IEP team considered and the reasons why those options were rejected;

(iii) A description of each evaluation procedure, assessment, record or report the school district used as the basis for the proposed or refused action; and

(iv) A description of the factors relevant to the school district’s proposal or refusal.

(B) The school district’s response under subsection (2)(a)(A) may not be construed to preclude the school district from asserting that the parent’s due process request was insufficient, where appropriate.

(b) Parent and school district:

(A) The party that did not file the hearing request must, within ten days of receiving the request for hearing, send to the other party a response that specifically addresses the issues raised in the hearing request.

(B) A school district providing a response to an issue under subsection (3)(a) is not required to respond to the same issue under (3)(b).

(3) Time limitation and exception:

(a) A special education due process hearing must be requested within two years after the date of the act or omission that gives rise to the right to request the hearing.

(b) This timeline does not apply to a parent if the parent was prevented from requesting the hearing due to specific misrepresentations by the school district that it had resolved the problem forming the basis of the complaint, or the school district’s withholding of information from the parent that the district was required to provide under Chapter 343.

(4) Information: The Department will inform a parent of any free or low-cost legal services and other relevant services available in the area if a parent requests the information.

History

Statutory/Other Authority: ORS 343.045, 343.055 & 343.155;
Statutes/Other Implemented: ORS 343.165, 34 CFR 300.507, 300.508 & 300.511(e)
Renumbered from 581-015-0081, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 20-1999, f. & cert. ef. 9-24-99
EB 9-1993, f. & cert. ef. 3-25-93
EB 9-1992, f. & cert. ef. 4-7-92
EB 3-1990, f. & cert. ef. 1-26-90
EB 28-1989(Temp), f. & cert. ef. 10-16-89
1EB 5-1980, f. 2-22-80, ef. 2-23-80
1EB 18-1979(Temp), f. & ef. 11-15-79
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2350 Sufficiency of Hearing Request

(1) A written request for hearing will be deemed sufficient unless the party receiving the request notifies the administrative law judge and the other party in writing, within 15 days of receipt of the hearing request, that the receiving party believes the notice does not meet the requirements of OAR 581-015-2345.

(2) Within five days of receiving notice that a party is objecting to the sufficiency of the other party’s hearing notice, the administrative law judge must make a determination on the face of the hearing request of whether the hearing request meets the requirements of OAR 581-015-2345, and must immediately notify the parties in writing of that determination.

(3) A party may amend its hearing request only if:

(A) The other party consents in writing to the amendment and is given the opportunity to resolve the hearing request through a resolution meeting; or

(B) The administrative law judge grants permission, except that this permission may only be granted at any time not later than five days before a due process hearing occurs.

(4) If a party files an amended hearing request, the applicable timelines for the resolution session and resolution period begin again with the filing of the amended hearing request.

History

Statutory/Other Authority: ORS 343.045, 343.055 & 343.155;
Statutes/Other Implemented: ORS 343.165 & 34 CFR 300.508(d)
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2355 Resolution Process

(1) Resolution meeting:

(a) Within 15 days of receiving a parent’s due process hearing request, the school district must hold a resolution meeting with the parents and the relevant member or members of the IEP team who have specific knowledge of the facts identified in the complaint.

(b) The meeting:

(A) Must include a representative of the school district who has decision-making authority on behalf of the school district; and

(B) May not include an attorney for the school district unless the parent is accompanied by an attorney.

(c) The purpose of the meeting is for the parent of the child to discuss the hearing request, and the facts that form the basis of that request, so that the school district has the opportunity to resolve the dispute that is the basis for the due process hearing request.

(d) This resolution meeting need not be held if:

(A) The parent and school district agree in writing to waive the meeting; or

(B) The parent and school district agree to use the mediation process.

(e) The parent and the school district determine the relevant members of the IEP team to attend the meeting.

(2) Resolution period:

(a) If the school district has not resolved the dispute to the satisfaction of the parents within 30 days of the receipt of the due process hearing request, the due process hearing may occur.

(b) The 45 day hearing timeline begins at the end of the 30 day resolution period except as provided in subsection (2)(c).

(c)The 45 day hearing timeline begins the next business day after any of the following circumstances.

(A) The parties agree in writing to waive the resolution session.

(B) After the mediation or resolution meeting starts but before the end of the 30 day resolution period, the parties agree in writing that no agreement is possible.

(C) Both parties agree in writing to continue the mediation at the end of the 30 day resolution period, but later, the parent or school district withdraws from the mediation process.

(d) The failure of a parent requesting a due process hearing to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held, unless:

(A) The parties have agreed to waive the resolution session; or

(B) The parties have agreed to use mediation instead of the resolution meeting.

(e) If the school district is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made and documented (as in OAR 581-015-2195), the school district may, at the conclusion of the 30 day resolution period, request that a hearing officer or administrative law judge dismiss the parent’s due process hearing request.

(f) If the school district fails to hold the resolution meeting within 15 days of receiving the parent’s due process hearing request or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer or administrative law judge to begin the 45 day hearing timeline.

(3) Resolution agreement:

(a) If a resolution to the dispute is reached at the resolution meeting, the parties must execute a legally binding written agreement that is:

(A) Signed by both the parent and a representative of the school district who has the authority to bind the district; and

(B) Enforceable in any state court of competent jurisdiction or in a district court of the United States.

(b) If the parties execute a resolution agreement, either party may void the agreement within three business days of the agreement’s execution.

History

Statutory/Other Authority: ORS 343.045, 343.055, 343.155 & 343.165
Statutes/Other Implemented: ORS 343.045, 343.155, 343.165 & 34 CFR 300.510
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2360 Pre-Hearing Conference, Notice of Hearing and Hearing Rights

(1) Upon receipt of a written request by a parent or the school district for a hearing regarding the identification, evaluation, individualized education program, educational placement of the child or the provision of a free appropriate public education to a child, the Superintendent will:

(a) Appoint an administrative law judge, in accordance with OAR 581-015-2365, to conduct the hearing.

(b) Provide the parent with a copy of the Notice of Procedural Safeguards;

(d) Inform the parent of any free or low-cost legal services and other relevant services.

(2) Subject matter of hearing: The party requesting the due process hearing may not raise issues at the due process hearing that were not raised in the hearing request unless the other party agrees otherwise.

(3) Pre-Hearing Conference: The administrative law judge will require the parties to appear in person or by telephone for a pre-hearing conference for the purpose of:

(a) Identifying the issues to be resolved;

(b) Establishing the length and scheduling of the hearing;

(d) Reviewing the parties' hearing rights and procedures; and

(e) Notifying the parties of the availability of mediation at no cost through the Department.

(4) Notice of Hearing:

(a) The administrative law judge will provide a notice to the parties of the hearing. The notice will be served by registered or certified mail.

(b) The hearing notice will include:

(A) A statement of the time and place of the hearing, the scheduling of pre-hearing exchange of documents and any other filing deadlines, and the date for issuance of the final order;

(B) A statement of the authority and jurisdiction under which the hearing is to be held;

(D) A short and plain statement of the matters asserted or charged;

(E) A statement that mediation is available to the parties at no cost from the Department;

(F) A statement of hearing rights as described in subsection (3).

(5) Due Process Hearing Rights: Parties to a due process hearing conducted under OAR 581-015-2360 (Notice of Hearing, Hearing Rights, and Pre-Hearing Conference) or 581-015-2400 through 581-015-2445 (Discipline for Students with Disabilities) have the following rights:

(a) During the pendency of any due process hearing or judicial appeal, the child must, remain in the present educational placement unless:

(A) The school district and the parent agree otherwise;

(B) If applying for initial admission to a public school, the parent consents to the child's placement in a program provided or selected by the district at the district's expense until all proceedings are completed;

(C) The school district orders a change in placement to an appropriate interim alternative educational setting for up to 45 school days due to a weapon, illegal drug, or controlled substance incident or for serious bodily injury;

(D) The administrative law judge orders a change in placement to an appropriate interim alternative educational setting for up to 45 school days due to the substantial likelihood of injurious behavior; or

(E) The school district implements a disciplinary removal to an interim alternative educational setting for a student when the student’s behavior is determined not to be a manifestation of the student’s disability.

(b) Any party to a hearing has the right to:

(A) Be accompanied and advised by counsel and by individuals who have special knowledge or training with respect to the problems of children with disabilities;

(B) Present evidence and confront, cross-examine, and compel the attendance of witnesses;

(C) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least 5 business days before the hearing;

(D) Obtain a written or, at the option of the parents, electronic verbatim record of the hearing at no cost to the parents; and

(E) Obtain a written or, at the option of the parents, electronic findings of fact and hearing decision at no cost to the parents.

(A) Have the child present who is the subject of the hearing; and

(B) Open the hearing to the public.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055, 343.155 & 343.165
Statutes/Other Implemented: ORS 343.155, 343.165, 343.177, 34 CFR 300.504, 300.507(b)(2), 300.511, 300.512, 300.518, 300.530 & 300.533
Renumbered from 581-015-0080, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 20-1999, f. & cert. ef. 9-24-99
EB 11-1995, f. & cert. ef. 5-25-95
EB 9-1992, f. & cert. ef. 4-7-92
EB 3-1990, f. & cert. ef. 1-26-90
EB 29-1989(Temp), f. & cert. ef. 10-16-89
EB 28-1989(Temp), f. & cert. ef. 10-16-89
1EB 5-1980, f. 2-22-80, ef. 2-23-80
1EB 18-1979(Temp), f. & ef. 11-15-79

Or. Admin. R. 581-015-2365 Criteria for Administrative Law Judge

(1) An administrative law judge appointed to conduct a hearing regarding the identification, evaluation, educational placement of a child, or the provision of a free appropriate public education to a child who may have a disability must:

(a) Not be employed by the Department or a school district; and

(b) Not have a professional or personal interest that would conflict with the person’s objectivity in the hearing.

(2) An administrative law judge must:

(a) Possess knowledge of, and the ability to understand, the provisions of state and federal special education laws, regulations, and legal interpretations by federal and state courts;

(b) Possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and

(3) For purposes of section (1)(a) of this rule, a person who otherwise qualifies to conduct a hearing is not an employee of the Department or school district solely because the person is paid by the Department or school district to serve as a hearings officer.

(4) The Department keeps a list of the persons serving as administrative law judges, which includes a statement of the qualifications of each person.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055, 343.155 & 343.165
Statutes/Other Implemented: ORS 343.165 & 34 CFR 300.511(c)
Renumbered from 581-015-0096, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 33-1999, f. 12-13-99, cert. ef. 12-14-99
EB 11-1995, f. & cert. ef. 5-25-95
EB 3-1990, f. & cert. ef. 1-26-90
EB 28-1989(Temp), f. & cert. ef. 10-16-89
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2370 Conduct of Hearing

(1) The hearing will be conducted by and under the control of the administrative law judge appointed under 581-015-2360.

(2) At the discretion of the administrative law judge, the hearing will be conducted in the following manner:

(a) Statement and evidence of the school district in support of its action;

(b) Statement and evidence of the parents disputing the school district action;

(3) The administrative law judge, counsel or other representatives of the parties, and the parents if the parents are not represented, have the right to question or cross-examine any witnesses.

(4) The hearing may be continued with recesses as determined by the administrative law judge.

(5) The administrative law judge may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious or immaterial matter.

(6) Exhibits must be marked, and the markings must identify the person offering the exhibits. The exhibits will be preserved by the Superintendent as part of the record of the proceedings.

(7) Each hearing must be conducted at a time and place that is reasonably convenient to the parents and child involved.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055, 343.155 & 343.165
Statutes/Other Implemented: ORS 343.155, 343.165, 34 CFR 300.512 & 300.515(d)
Renumbered from 581-015-0086, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
EB 3-1990, f. & cert. ef. 1-26-90
EB 28-1989(Temp), f. & cert. ef. 10-16-89
1EB 269, f. 12-22-77, ef. 12-22-77

Or. Admin. R. 581-015-2375 Decision of Administrative Law Judge

(1) The decision of the hearing officer in a contested case will comply with ORS 343.167.

(2) The decision will be entered and mailed to the parties not later than 45 days after the expiration of the resolution period under OAR 581-015-2375 unless a specific extension has been granted by the administrative law judge at the request of a party.

(3) A copy of the hearing decision will be sent to the parent and school district accompanied by a statement describing the method of appealing the decision.

(4) The Department will submit a copy of the findings and hearing decision to the State Advisory Council for Special Education or a subcommittee of the Council, and make the findings and decisions available to the public, in such a manner so that personally identifiable information will not be disclosed.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055, 343.155 & 343.165
Statutes/Other Implemented: ORS 343.167, 34 CFR 300.513 & 300.515
Renumbered from 581-015-0088, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
EB 11-1995, f. & cert. ef. 5-25-95
EB 9-1993, f. & cert. ef. 3-25-93
EB 3-1990, f. & cert. ef. 1-26-90
EB 28-1989(Temp), f. & cert. ef. 10-16-89
1EB 5-1980, f. 2-22-80, ef. 2-23-80
1EB 18-1979(Temp), f. & ef. 11-15-79
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2380 Informal Disposition

Nothing contained herein shall be construed to preclude any system of consultations or conferences with parents that is used by school districts with regard to identification, evaluation or educational placement of a child with a disability. Such conferences or consultations, however, shall not be held in lieu of a hearing requested under OAR 581-015-2345 if one is requested. A request for a hearing shall not preclude informal disposition of the matter by stipulation, agreed settlement or consent order.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.155
Statutes/Other Implemented: ORS 343.155
ODE 32-2019, minor correction filed 08/08/2019, effective 08/08/2019
Renumbered from 581-015-0091, ODE 10-2007, f. & cert. ef. 4-25-07
EB 11-1995, f. & cert. ef. 5-25-95
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2383 Failure to Appear at a Hearing

(1) When a parent, having requested a hearing, fails to appear at the specified time and place, the administrative law judge must enter a decision which supports the school district action.

(2) The decision supporting the school district's action must set forth the material on which the action is based, or the material must be attached to and made a part of the decision.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055, 343.155 & 343.165
Statutes/Other Implemented: ORS 343.155 & 343.165
Renumbered from 581-015-0084, ODE 10-2007, f. & cert. ef. 4-25-07
EB 11-1995, f. & cert. ef. 5-25-95
1EB 5-1980, f. 2-22-80, ef. 2-23-80
1EB 18-1979(Temp), f. & ef. 11-15-79
1EB 269, f. & ef. 12-22-77

Or. Admin. R. 581-015-2385 Hearing Costs

(1) Costs of the Proceedings:

(a) The school district must reimburse the Department for the costs related to conducting the hearing, including pre-hearing conferences, scheduling arrangements, and other related matters.

(b) The school district must provide the parent with a written, or at the option of the parent, an electronic verbatim recording of the hearing, within a reasonable time of the close of the hearing.

(2) Attorney Fees: Funds under Part B of the Individuals with Disabilities Education Act may not be used to pay attorney fees or costs of a party related to an action or proceeding under this rule.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.167;
Statutes/Other Implemented: ORS 343.165, 343.167, 34 CFR 300.512 & 300.517(b)
Renumbered from 581-015-0093, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
EB 9-1992, f. & cert. ef. 4-7-92
EB 3-1990, f. & cert. ef. 1-26-90
EB 28-1989(Temp), f. & cert. ef. 10-16-89

Or. Admin. R. 581-015-2390 Definitions for Hearings Under Section 504 of the Rehabilitation Act

The following definitions apply to OAR 581-015-2395:

(1) "Student with a disability under Section 504" means any student who has a physical or mental impairment that substantially limits one or more major life activities.

(2) As used in section (1) of this rule:

(a) "Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; endocrine; any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities;

(b) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working;

(3) "Qualified student with a disability under Section 504" means a student with a disability under Section 504 who is:

(a) Of an age during which persons without a disability are provided educational services;

(b) Of any age during which it is mandatory under state law to provide such services to students with disabilities; or

(c) To whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act.

(4) "School District" means a school district as defined in ORS 343.153.

History

Statutory/Other Authority: ORS 326 & 323.055
Statutes/Other Implemented: ORS 343.041
ODE 12-2011, f. & cert. ef. 10-31-11
ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08
Renumbered from 581-015-0108, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
EB 24-1988, f. & cert. ef. 5-24-88
EB 7-1987(Temp), f. & ef. 5-11-87

Or. Admin. R. 581-015-2395 Procedures for a Hearing under Section 504 of the Rehabilitation Act of 1973

(1) The parent or guardian of a qualified student with a disability under section 504 may file a written request for a hearing with the State Superintendent of Public Instruction with respect to actions regarding the identification, evaluation, provision of a free appropriate education, or education placement of the student with the disability under Section 504, which the parent or guardian alleges to be in violation of Section 504 of the Rehabilitation Act of 1973, Public Law 93-112, or any amendment thereof. In such event, the Superintendent will conduct a hearing.

(2) The school district involved in the hearing is responsible for the costs of the hearing.

(3) The prehearing and hearing procedures in OAR 581-015-2340 through 581-015-2383 apply to hearings conducted under Section 504 of the Rehabilitation Act.

(4) The parties are entitled to the procedural rights under OAR 581-015-2360 with the exceptions of the stay-put provision and the right to obtain at no cost a written or electronic verbatim record of the hearing, both of which do not apply to a hearing under this rule.

(5) Nothing in this rule is meant to prevent the parties from also seeking due process remedies under the Individuals with Disabilities Education Act as set forth in OAR 581-015-2340 through 581-015-2385.

History

Statutory/Other Authority: ORS 326 & 343.055
Statutes/Other Implemented: ORS 343.041
Renumbered from 581-015-0109, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
EB 9-1993, f. & cert. ef. 3-25-93
EB 24-1990, f. & cert. ef. 5-18-90
EB 24-1988, f. & cert. ef. 5-24-88
EB 7-1987(Temp), f. & ef. 5-11-87

Or. Admin. R. 581-015-2400 Definitions

For the purposes of OAR 581-015-2400 through 581-015-2445, the following definitions apply:

(1) "Behavioral intervention plan" means an individualized plan, including positive interventions, designed to assist a student to decrease inappropriate behavior and increase or teach an alternative appropriate behavior.

(2) "Current educational placement" means the type of educational placement of the child as described in the child's "annual determination of placement" document at the time of the disciplinary removal. It does not mean the specific location or school but the type of placement on the continuum of placement options (e.g. regular classroom with support; regular classroom with resource room support; special class; special school; home instruction, etc.).

(3) "Disciplinary removal" means suspension, expulsion, or other removal from school for disciplinary reasons, including removals for mental health examinations for students who threaten violence or harm in public schools under ORS 339.250(4)(b)(C). It does not include:

(a) Removals by other agencies;

(b) Removals for public health reasons (e.g. head lice, immunizations, communicable diseases, etc.);

(c) In-school suspensions if the child continues to have access to the general curriculum and to special education and related services as described in the child's IEP, and continues to participate with children without disabilities to the extent they would in their current placement; or

(d) Bus suspensions, unless the student's IEP includes transportation as a related service, the district makes no alternative transportation arrangements for the student, and the student does not attend school as a result of the bus suspension.

(4) "Functional behavioral assessment" means an individualized assessment of the student that results in a hypothesis about the function of a student's behavior and, as appropriate, recommendations for a behavior intervention plan.

(5) "Suspension" means any disciplinary removal other than expulsion.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.155
Statutes/Other Implemented: ORS 343.155
ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08
Renumbered from 581-015-0550, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99

Or. Admin. R. 581-015-2405 Disciplinary Removals for Up to 10 School Days for Children with Disabilities

(1) School districts may remove a child with a disability who violates a code of student conduct from the child’s current educational placement to an appropriate interim alternative educational setting, another setting, or suspension, for up to ten school days in a school year to the same extent, and with the same notice, as for children without disabilities. These removals are not considered a change in placement.

(2) During disciplinary removals described in section (1) of this rule:

(a) School districts are not required to provide access to special education and the general curriculum unless students without disabilities are provided access during this time.

(b) School districts are not required to determine whether the child's behavior resulting in disciplinary removal is a manifestation of the child's disability.

(3) For the purpose of counting days of suspensions under OAR 581-015-2405 through 581-015-2445:

(a) Suspensions of a half day or less are counted as a half day; and

(b) Suspensions of more than a half-day are counted as a whole day.

(4) For the purposes of determining "current educational placement" in subsection (1) of this rule:

(a) Children who received special education services in another state and are found eligible for special education in Oregon are treated as initially placed in special education in Oregon, and any days of suspension accrued in the former state are not counted toward the ten days.

(b) For children who move from one school district to another school district in Oregon, any days of suspension from the former district carry over to the new school district unless the school district does not have actual knowledge of the previous suspensions.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.155
Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.530
Renumbered from 581-015-0551, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99

Or. Admin. R. 581-015-2410 Additional Disciplinary Removals of Up to 10 School Days Each (No Pattern)

(1) School districts may remove a child with a disability who violates a code of student conduct from the child’s current educational placement to an appropriate interim alternative educational setting, another setting, or suspension for additional periods of up to ten school days in a school year to the same extent, and with the same notice, as for children without disabilities, if the removals do not constitute a pattern under section (2) of this rule. These removals are not considered a change in placement.

(2) School personnel must determine, on a case-by-case basis, whether the series of removals constitute a pattern:

(a) Because the child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and

(b) Because of such additional factors as the length of each removal, the total amount of time the child has been removed, and the proximity of removals to one another.

(3) Services. During removals described in section (1) of this rule:

(a) School districts must provide services that are necessary to enable the child:

(A) To continue to participate in the general education curriculum, although in another setting; and

(B) To progress toward meeting the goals in the child's IEP.

(b) School personnel, in consultation with at least one of the child’s teachers, determine the extent to which the services described in subsection (3)(a) of this rule are needed, and the location for delivery of those services.

(c) School districts are not required to determine whether the behavior resulting in removal is a manifestation of the child's disability.

(4) The determination in subsection (2) is subject to review under OAR 581-015-2445.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.155;
Statutes/Other Implemented: ORS 343.155, 34 CFR 300.530 & 300.536
Renumbered from 581-015-0552, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99

Or. Admin. R. 581-015-2415 Disciplinary Removals of More than 10 School Days (Pattern or Consecutive)

(1) A disciplinary removal is considered a change in educational placement and the school district must follow special education due process procedures if:

(a) The removal will be for more than 10 consecutive school days (e.g. expulsion); or

(b) The child will be removed for more than 10 cumulative school days from their current educational placement in a school year, and those removals constitute a pattern under OAR 581-015-2410(2).

(2) School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a disciplinary removal under subsection (1) for a child with a disability who violates a code of conduct.

(3) Manifestation determination. Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the school district must determine whether the child’s behavior is a manifestation of the student’s disability in accordance with OAR 581-015-2420.

(4) Manifestation. If the determination under subsection (3) is that the child's behavior is a manifestation of the child’s disability, the school district must:

(a) Return the child to the placement from which the child was removed, unless:

(A) The parent and school district agree to a change of placement as part of the modification of the behavioral intervention plan under subsection (4)(b);

(B) The school district removes the child to an interim alternative educational setting under OAR 581-015-2425 for a weapons or drug violation or for infliction of serious bodily injury; or

(C) The school district obtains an order from an administrative law judge under OAR 581-015-2430 allowing a change in placement to an interim alternative educational setting for injurious behavior; and

(b) Either:

(A) Conduct a functional behavioral assessment, unless the school district conducted a functional behavioral assessment before the behavior occurred that prompted the disciplinary action, and implement a behavior intervention plan; or

(B) If the student already has a behavior plan, review the behavioral intervention plan and modify it, as necessary, to address the behavior.

(5) No manifestation. If the determination under subsection (3) is that the child's behavior is not a manifestation of the child’s disability:

(a) The school district may proceed with disciplinary action applicable to children without disabilities under section (1) of this rule, in the same manner and for the same duration in which the procedures would be applied to children without disabilities.

(b) If the school district takes such action applicable to all children, the school district must:

(A) On the date on which the decision is made to remove the student under subsection (5), notify the parents of that decision and provide the parents with notice of procedural safeguards under OAR 581-015-2315.

(B) Provide services to the student in an interim alternative educational setting, determined by the IEP team, in accordance with OAR 581-015-2435; and

(C) Provide, as appropriate, a functional behavioral assessment, and behavior intervention services and modifications that are designed to address the behavior violation so that it does not recur.

(6) Placement pending due process hearing. If a parent requests a due process hearing because of a disagreement with the manifestation determination or any decision about placement related to the disciplinary removal in section (1) of this rule, the child remains in the interim alternative educational setting pending the decision of the administrative law judge under OAR 581-015-2445, or until the end of the disciplinary removal under subsection (1), whichever occurs first, unless the parent and school district agree otherwise.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.155
Statutes/Other Implemented: ORS 343.155, 34 CFR 300.504(a)(3), 300.530, 300.531, 300.532 & 300.533
Renumbered from 581-015-0553, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99

Or. Admin. R. 581-015-2420 Manifestation Determination

(1) In determining whether the child's behavior is a manifestation of the child's disability, the school district, the parent, and relevant members of the IEP team (as determined by the parent and the district) must review all relevant information in the student’s file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine:

(a) If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or

(b) If the conduct in question was the direct result of the school district’s failure to implement the IEP.

(2) If the school district, the parent, and relevant members of the IEP team determine that either subsection (1)(a) or (b) is applicable for the child, the conduct must be determined to be a manifestation of the child’s disability.

(3) If the basis for the team’s determination is that the school district did not implement the child’s IEP, the school district must take immediate steps to remedy those deficiencies.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.155;
Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.530(e)
Renumbered from 581-015-0554, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99

Or. Admin. R. 581-015-2425 Removal to an Interim Alternative Educational Setting by School District

(1) Definitions:

(a) "Drug" means illegal drug or controlled substance but does not include a substance that is legally possessed or used under the supervision of a licensed health-care professional or otherwise legally possessed. It does not include alcohol or tobacco.

(b) "Drug violation" means the use, possession, sale or solicitation of drugs at school or a school function.

(c) "Serious bodily injury" means bodily injury, which involves substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

(d) "Weapon" means a weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of causing death or serious bodily injury, except that it does not include a pocket knife with a blade of less than 2 1/2 inches in length.

(e) "Weapon violation" means carrying a weapon to school or to a school function or acquiring a weapon at school.

(2) School districts may remove a child with disabilities from their current educational placement to an appropriate interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, but for not more than 45 school days in a school year without regard to whether the behavior is determined to be a manifestation of the child's disability for:

(a) A drug or weapon violation as defined in subsection (1); or

(b) If the child has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the Department or a school district.

(3) A removal for a drug or weapon violation, or for inflicting serious bodily injury, is considered a change in placement.

(4) School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a removal under subsection (2) for a child with a disability who violates a code of conduct.

(5) For removals described in subsection (2) of this rule, school districts must:

(a) On the date on which the decision is made to remove the student under subsection (2), notify the parents of that decision and provide the parents with notice of procedural safeguards under OAR 581-015-2315;

(b) Provide the services to the student in an interim alternative educational setting, determined by the IEP team, in accordance with OAR 581-015-2435;

(c) Within 10 school days of any decision to remove a child under subsection (2), determine whether the child's behavior is a manifestation of the child's disability in accordance with OAR 581-015-2420; and

(d) Provide, as appropriate, a functional behavioral assessment, and behavior intervention services and modifications that are designed to address the behavior violation so that it does not recur.

(6) Placement pending due process hearing. If a parent requests a due process hearing because of a disagreement with the manifestation determination, removal to the interim alternative educational setting, or any decision about placement related to a disciplinary removal under section (2) of this rule, the child remains in the interim alternative educational setting pending the decision of the administrative law judge under OAR 581-015-2445, or until the end of the removal under section (2), whichever occurs first, unless the parent and school district agree otherwise.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.155
Statutes/Other Implemented: ORS 343.155, 34 CFR 300.504(a)(3), 300.530; 300.533 & 300.536
ODE 29-2012, f. 11-7-12, cert. ef. 11-9-12
Renumbered from 581-015-0555, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99

Or. Admin. R. 581-015-2430 Removal to an Interim Alternative Educational Setting by Administrative Law Judge (Injurious Behavior)

(1) "Injurious behavior" means behavior that is substantially likely to result in injury to the child or to others.

(2) School districts may request an expedited due process hearing under OAR 581-015-2445 to obtain an order from an administrative law judge to order a change in placement of the child to an interim alternative educational setting for not more than 45 school days for injurious behavior.

(3) The interim alternative educational setting must meet the requirements of OAR 581-015-2435(2).

(4) The procedures in subsection (2) may be repeated if the school district believes that returning the child to the original placement is substantially likely to result in injurious behavior.

(5) Nothing in this rule precludes a school district from seeking a court order to remove a child from the child's current educational placement to another placement if the district believes that the maintaining the child in the child's current educational placement is substantially likely to result in injurious behavior.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.155
Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.532
Renumbered from 581-015-0556, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99

Or. Admin. R. 581-015-2435 Requirements of an Interim Alternative Educational Setting

An interim alternative educational setting under OAR 581-015-2415 and 581-015-2425 must:

(1) Be determined by the child’s IEP team; and

(2) Enable the child to:

(a) Continue to participate in the general curriculum, although in another setting; and

(b) Progress toward achieving the goals in the child's IEP.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.155
Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.530
Renumbered from 581-015-0557, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99

Or. Admin. R. 581-015-2440 Protections for Children Not Yet Eligible for Special Education

(1) The provisions of OAR 581-015-2400 through 581-015-2435 apply to children not yet identified as children with disabilities if the school district had knowledge that the child was a child with a disability.

(2) For the purposes of subsection (1) of this rule, a school district "had knowledge" if, before the behavior that precipitated the disciplinary action occurred:

(a) The parent of the child expressed a concern in writing to supervisory or administrative school personnel, or a teacher of the child, that the child is in need of special education and related services;

(b) The parent of the child requested a special education evaluation of the child; or

(c) The teacher of the child, or other school personnel, expressed specific concerns about a pattern of behavior demonstrated by the child directly to the school district's director of special education or other supervisory personnel of the district.

(3) Notwithstanding subsections (1) and (2) of this rule, a school district will not be considered to have had knowledge that the child was a child with a disability if:

(a) The parent of the child has not allowed an evaluation of the child or has refused services under OAR 581-015-2090;

(b) The child has been evaluated in accordance with OAR 581-015-2090–581-015-2180, and the child was determined not eligible; or

(c) The parent or adult student has revoked consent for the continued provision of special education and related services pursuant to OAR 581-015-2090(4)(a)(B) or 581-015-2735(4)(a)(B).

(4) If the school district did not have knowledge before taking disciplinary action against the child, the district may take the same disciplinary actions as applied to children without disabilities who engaged in comparable behaviors. However:

(a) If a special education evaluation is requested or if the school district initiates a special education evaluation, the evaluation must be conducted in an expedited manner.

(b) Until the evaluation is completed, the child remains in the educational placement determined by school personnel, which can include suspension, expulsion, or placement in alternative education under OAR 581-021-0071.

(c) If, on completion of the evaluation, the child is determined to be a child with a disability, the school district must conduct an IEP meeting to develop an IEP and determine placement and must provide special education and related services.

(d) The provisions of OAR 581-015-2400–581-015-2435 and 581-015-2445 apply beginning on the date of the eligibility determination.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.155
Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.534
ODE 13-2009, f. & cert. ef. 12-10-09
Renumbered from 581-015-0558, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99

Or. Admin. R. 581-015-2445 Expedited Due Process Hearings

(1) An expedited due process hearing must be held if a hearing is requested under OAR 581-015-2345 because:

(a) In a dispute over a disciplinary action for a child with a disability, the child's parent disagrees with a determination that the child's behavior was not a manifestation of the child's disability or with any decision regarding the child's educational placement; or

(b) The school district believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.

(2) Expedited due process hearings must meet the requirements of OAR 581-015-2340 through 581-015-2385; except that:

(a) Unless the parents and school district agree in writing to waive the resolution meeting in OAR 581-015-2355 or agree to use the mediation process in 581-015-2335:

(A) A resolution meeting must occur within seven days of receiving notice of the due process hearing request; and

(B) The hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process hearing request.

(b) The expedited hearing must occur within 20 school days of the date the hearing is requested and must result in a written decision within 10 school days after the hearing.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.155
Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.532
Renumbered from 581-015-0559, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 35-1999, f. 12-13-99, cert. ef. 12-14-99

Or. Admin. R. 581-015-2450 Definitions

For the purposes of OAR 581-015-2450 through 581-015-2515, the following definitions apply:

(1) "Enrolled in a public school or ECSE program" means enrolled in, attending, and, for children ages 7 to 18, not exempt from compulsory school attendance as a private school student.

(2) "IDEA funds" means federal funds allocated to the public agency under the Individuals with Disabilities Education Act.

(3) "Private school child with a disability" means a child with a disability or preschool child with a disability aged 3 to school-age who has been enrolled by a parent in a private school or facility, and who, if aged 7 to 18, is exempt from compulsory school attendance under ORS 339.115.

(a) This term includes school-age children who are exempt from compulsory school attendance under ORS 339.115, even if a school district permits the student to attend one or more classes pursuant to a district policy permitting partial enrollment.

(b) This term does not include:

(A) Children three years of age until the age of eligibility for public school who can be provided a free appropriate public education in a private preschool or child care setting selected and paid for by their parents; or

(B) Children who are exempt from compulsory school attendance under ORS 339.115 as a home schooled student; or

(C) Children who are not of compulsory school attendance age who have rejected public agency services but who are not attending a private school; or

(D) Children who are placed in a private school by the public agency.

(4) “Private school” means a private elementary or secondary school or facility, including a private religious school. A preschool is considered a private school under this provision only if it is part of a private elementary or secondary school.

(4) "Public agency" means:

(a) For school-aged children, the school district where the private elementary or secondary school is located; and

(b) For children aged 3 up to school-age, the EI/ECSE contractor where the private elementary school or secondary school is located.

(5) "Services plan" means a written statement that describes the special education and related services the school district will provide to a parentally-placed private school child with a disability who has been designated to receive services, including the location of services and any transportation necessary, consistent with OAR 581-015-2460. Unlike an IEP or IFSP, a service plan does not need to provide a free appropriate public education.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.055 & 34 CFR 300.133
Renumbered from 581-015-0705, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
ODE 16-2000, f. & cert. ef. 5-23-00

Or. Admin. R. 581-015-2455 Provision of services for Private School Children with Disabilities

(1) Each public agency must provide for participation in special education and related services to private school children with disabilities who are enrolled in private schools located within the school district boundaries, to the extent consistent with the number and location of these children.

(2) No private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school

(3) Decisions about the services that will be provided to private school children with disabilities must be made in accordance with OAR 581-015-2460 and 581-015-2480.

(4) Special education and related services provided to private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public agency, except that private school teachers providing equitable services to private school children with disabilities do not have to meet the highly qualified special education teacher requirements.

(5) Special education and related services must be provided to private school children with disabilities by employees of the public agency or through contract by the public agency with an individual, association, agency, organization, or other entity.

(6) Private school children with disabilities may receive a different amount of services than children with disabilities in public schools.

(7) Special education and related services may be provided to parentally-placed private school children on the premises of private, including religious, schools, to the extent consistent with law.

(8) Special education and related services provided to parentally-placed private school children with disabilities, including materials and equipment, must be secular, neutral and nonideological.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.155, 34 CFR 300.132, 300.137, 300.138 & 300.139
Renumbered from 581-015-0166, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 30-2000, f. & cert. ef. 12-11-00
ODE 16-2000, f. & cert. ef. 5-23-00
EB 12-1995, f. & cert. ef. 5-25-95
1EB 25-1980, f. & ef. 11-7-80
1EB 28-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2460 Services Plan

(1) If a child with a disability is enrolled by a parent in private school and will receive special education or related services from a public agency, the public agency must:

(a) Initiate and conduct meetings to develop, review and revise a services plan for the child in accordance with subsection (3); and

(b) Ensure that a representative of the child's private school attends each meeting. If the representative cannot attend, the public agency must use other methods to ensure participation by the private school, including individual or conference telephone calls.

(2) The services plan must describe the specific special education and related services that the public agency will provide to the child in light of the services that the public agency has determined, through the consultation process described in OAR 581-015-2480, it will make available to private school children with disabilities.

(3) The services plan must, to the extent appropriate:

(a) Meet the requirements of OAR 581-015-2200 with respect to the services provided; and

(b) Be developed reviewed and revised consistent with OARs 581-015-2190 through 581-015-2210 and 581-015-2220(2) and (3).

(4) Transportation:

(a) Public agencies are not required to provide transportation from the child's home to the private school.

(b) If necessary for the child to benefit from or participate in the services provided by the public agency, the public agency must provide transportation to the child:

(A) From the child's school or the child's home to a site other than the private school; and

(B) From the service site to the private school, or to the child's home, depending on the timing of the services.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055;
Statutes/Other Implemented: ORS 343.155, 34 CFR 300.137 & 139
Renumbered from 581-015-0151, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 16-2000, f. & cert. ef. 5-23-00
EB 11-1995, f. & cert. ef. 5-25-95
1EB 28-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2465 Documentation Requirements

Each public agency must maintain in its records and provide annually to the Department the following information for parentally-placed private school children:

(1) The number of parentally-placed private school children evaluated;

(2) The number determined to be children with disabilities, and

(3) The number of children served.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.132
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2470 Expenditures for Parentally-Placed Private School Children

(1) Formulas for determining funds available for provision of special education and related services to private school children with disabilities:

(a) For school-age children: Each school district must spend an amount that is the same proportion of the school district's total subgrant of IDEA funds as the number of school-age private school children with disabilities who are enrolled by their parents in private schools located within the boundaries of the school district is to the total number of school-age children with disabilities in its jurisdiction.

(b) For private school children with disabilities aged 3 up to school-age, the EI/ECSE contractor must spend:

(A) An amount that is the same proportion of the contractor’s total IDEA fund subgrant under section 611(f) for ECSE children as the number of ECSE private school children with disabilities who are enrolled by their parents in private schools located within the boundaries of the ECSE service area is to the total number of ECSE children with disabilities in the service area; and

(B) An amount that is the same proportion of the contractor’s total IDEA fund subgrant under section 619(g) as the number of ECSE private school children with disabilities who are enrolled by their parents in private schools located within the boundaries of the ECSE service area is to the total number of ECSE children with disabilities in the service area.

(2) If a public agency has not expended for equitable services all of the proportionate funds designated for that purpose by the end of the fiscal year the IDEA funds were appropriated, the public agency must obligate the remaining funds for special education and related services to parentally-placed private school children with disabilities for a carry-over period of one additional year.

(3) Expenditures for child find activities described in OAR 581-015-2085 may not be considered in determining whether the public agency has met the requirements of section (1).

(4) A public agency is neither required to or prohibited from providing services to private school children with disabilities in excess of those required by this part, consistent with State law or local policy. State and local funds must not supplant the proportionate amount of federal funds required to be expended under subsection (1).

(5) The cost of the transportation described in OAR 581-015-2460(4)(b) may be included in calculating whether the public agency has met the requirement of section (1) of this rule.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.157
Statutes/Other Implemented: ORS 343.055, 34 CFR 300.133 & 139
Renumbered from 581-015-0706, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
ODE 16-2000, f. & cert. ef. 5-23-00

Or. Admin. R. 581-015-2475 Private School Child Count

Each public agency must:

(1) After timely and meaningful consultation with representatives of private school children consistent with OAR 581-015-2480, determine the number of private school children with disabilities attending private schools located within the boundaries of the public agency;

(2) Conduct the count on December 1 of each year; and

(3) Use the count to determine the amount that the public agency will spend on providing special education and related services to private school children with disabilities in the next fiscal year.

History

Statutory/Other Authority: ORS 343.055 & 343.157;
Statutes/Other Implemented: ORS 343.055 & 34 CFR 300.133
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2480 Consultation with Representatives of Private School Children with Disabilities

(1) To ensure timely and meaningful consultation, public agencies must consult with representatives of private school children with disabilities during the design and development of special education and related services for the children, including regarding:

(a) The child find process, including how private school children suspected of having a disability can participate equitably, and how parents, teachers, and private school officials will be informed of the process;

(b) The determination of the proportionate share of IDEA funds available to serve private school children with disabilities, including the determination of how the proportionate share of funds was calculated;

(c) The consultation process among the public agency and representatives of private school children with disabilities, including how such process will operate throughout the school year to ensure that private school children with disabilities identified through the child find process can meaningfully participate in special education and related services;

(d) How, where and by whom special education and related services will be provided for private school children with disabilities, including a discussion of the types of services (including direct services and alternate service delivery mechanisms), how such services will be apportioned if funds are insufficient to serve all children, and how and when these decisions will be made; and

(e) How, if the public agency disagrees with the views of private school officials on the provision of services or the types of services (whether provided directly or through a contract), the public agency will provide to the private school officials a written explanation of the reasons why the public agency chose not to provide services directly or through a contract.

(2) For the purposes of this rule, “representatives of private school children with disabilities” means representatives of parents of private school children with disabilities and private school officials or other private school representatives.

(3) The public agency makes the final decisions with respect to the services to be provided to eligible private school children.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055;
Statutes/Other Implemented: ORS 343.041, 343.055, 34 CFR 300.134 & 137
Renumbered from 581-015-0171, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 16-2000, f. & cert. ef. 5-23-00
EB 13-1995, f. & cert. ef. 5-25-95
1EB 28-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2483 Written Affirmation

(1) When timely and meaningful consultation has occurred as described in OAR 581-015-2480, the public agency must obtain a written affirmation signed by the representatives of participating private schools.

(2) If the representatives do not provide the affirmations within a reasonable period of time, the school district must forward the documentation of the consultation process to the Department.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055;
Statutes/Other Implemented: ORS 343.041, 343.055 & 34 CFR 300.135
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2485 Complaint by Private School Official

(1) A private school official may submit a complaint to the Department under OAR 581-015-2030 that the public agency did not engage in consultation that was meaningful and timely, or did not give due consideration to the views of the private school official.

(a) If the private school official wishes to submit a complaint, the official must provide the basis of the noncompliance by the public agency to the Department, and the public agency must forward the appropriate documentation to the Department.

(b) If the private school official is dissatisfied with the decision of the Department, the official may submit a complaint to the United States Secretary of Education by providing the basis of the noncompliance by the public agency to the Secretary, and the Department will forward the appropriate documentation to the Secretary.

(2) For the purposes of this rule, a “private school official” is an administrator of the private school.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.055 & 34 CFR 300.136
ODE 10-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-015-2490 Complaints and Due Process Hearings for Private School Children

(1) Due process hearing procedures do not apply to complaints that a public agency has failed to meet the requirements relating to the provision of services to and expenditures for private school children, including the provision of services indicated on the child's services plan.

(2) Due process hearing procedures do apply to complaints that a public agency has failed to meet the child find requirements, including the requirements regarding evaluation, determination of eligibility for special education services, and reevaluation. Any due process hearing request regarding the child find requirements must be filed with the public agency in which the private school is located and with the Department under OAR 581-015-2345.

(3) Complaints that a public agency has failed to meet any of the requirements related to private school children may be filed under OAR 581-015-2030.

History

Statutory/Other Authority: ORS 343.055 & 343.155
Statutes/Other Implemented: ORS 343.055 & 34 CFR 300.140
Renumbered from 581-015-0707, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 16-2000, f. & cert. ef. 5-23-00

Or. Admin. R. 581-015-2495 Funds and Property Not to Benefit Private Schools

(1) A public agency may not use IDEA funds to finance the existing level of instruction in a private school or to otherwise benefit the private school.

(2) The public agency must use IDEA funds to meet the special education needs of students enrolled in private schools, but not for:

(a) The needs of a private school; or

(b) The general needs of the students enrolled in the private school.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.141
Renumbered from 581-015-0196, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 16-2000, f. & cert. ef. 5-23-00
EB 11-1995, f. & cert. ef. 5-25-95
1EB 28-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2500 Use of Personnel

(1) A public agency may use IDEA funds to make public agency personnel available in other than public facilities:

(a) To the extent necessary to implement any of the requirements related to private school children with disabilities; and

(b) If those services are not normally provided by the private school.

(2) A public agency may use IDEA funds to pay for the services of an employee of a private school to provide services to private school children if:

(a) The employee performs the services outside of his or her regular hours of duty; and

(b) The employee performs the services under public supervision and control.

History

Statutory/Other Authority: ORS 343.055
Statutes/Other Implemented: ORS 343.055 & 34 CFR 300.142
Renumbered from 581-015-0708, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 16-2000, f. & cert. ef. 5-23-00

Or. Admin. R. 581-015-2505 Separate Classes Prohibited

A public agency may not use IDEA funds for classes that are organized separately on the basis of school enrollment or religion of the students if:

(1) The classes are at the same site; and

(2) The classes include students enrolled in public schools or ECSE programs and students enrolled in private schools.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 659.150 & 34 CFR 300.143
Renumbered from 581-015-0191, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 16-2000, f. & cert. ef. 5-23-00
EB 11-1995, f. & cert. ef. 5-25-95
1EB 28-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2510 Property, Equipment, and Supplies

(1) A public agency must keep title to and exercise continuing administrative control of all property, equipment and supplies that the public agency acquires with IDEA funds for the benefit of private school children with disabilities.

(2) The public agency may place equipment and supplies in a private school for a period of time needed to implement the services plan of a private school child with disabilities or for child find purposes.

(3) The public agency must ensure that the equipment and supplies placed in a private school:

(a) Are used only for the purposes identified in section (2); and

(b) Can be removed from the private school without remodeling the private school facility.

(4) The public agency must remove equipment and supplies from a private school if:

(a) The equipment and supplies are no longer needed for the purposes identified in section (2); or

(b) Removal is necessary to avoid unauthorized use of the equipment and supplies.

(5) IDEA funds must not be used for repairs, minor remodeling, or construction of private school facilities.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.055 & 34 CFR 300.144
Renumbered from 581-015-0186, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 16-2000, f. & cert. ef. 5-23-00
EB 11-1995, f. & cert. ef. 5-25-95
1EB 28-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2515 Reimbursement for Private Placement

(1) If a private school child with a disability has available a free appropriate public education and the parents choose to place the child in a private school, the public agency is not required to pay for the cost of the child's education, including special education and related services, at the private school. However, the public agency must include that child in the population whose needs are addressed as parentally-placed private school children consistent with OAR 581-015-2475.

(2) Disagreements between a parent and a public agency regarding the availability of a program appropriate for the child and the question of financial responsibility are subject to the due process procedures under OAR 581-015-2340 through 581-015-2385.

(3) If the parents of a child with a disability, who previously received special education and related services under the authority of a public agency, enroll the child in a private preschool, elementary, or secondary school without the consent of or referral by the public agency, a court or an administrative law judge may require the agency to reimburse the parents for the cost of that enrollment if the court or administrative law judge finds that the agency had not made a free appropriate public education (FAPE) available to the child in a timely manner before that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by an administrative law judge or a court even if it does not meet the State standards that apply to education provided by public agencies.

(4) The cost of reimbursement described in paragraph (3) of this section may be reduced or denied if:

(a) At the most recent IEP or IFSP meeting that the parents attended before removal of the child from the public school or ECSE program, the parents did not inform the IEP or IFSP team that they were rejecting the placement proposed by the public agency to provide FAPE to their child, including stating their concerns and their intent to enroll their child in a private school at public expense; or

(b) At least ten business days (including any holidays that occur on a business day) before the removal of the child from the public school or ECSE program, the parents did not give written notice to the public agency of the information described in paragraph (4)(a) of this rule.

(5) The cost of reimbursement described in paragraph (3) of this section may also be reduced or denied if:

(a) Before the parents' removal of the child from the public school or ECSE program, the public agency informed the parents, through the notice requirements of OAR 581-015-2310, of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for the evaluation; or

(b) Upon a judicial finding of unreasonableness with respect to actions taken by the parents.

(6) Notwithstanding the notice requirement in paragraph (4), the cost of reimbursement:

(a) Must not be reduced or denied for failure to provide the notice if:

(A) Compliance with paragraph (4) would likely result in physical harm to the child;

(B) The public agency prevented the parent from providing the notice; or

(C) The parents had not received notice of procedural safeguards under OAR 581-015-2315 informing them of this notice requirement; and

(b) May, in the discretion of a court or an administrative law judge, not be reduced or denied for failure to provide such notice if:

(A) The parent is illiterate and cannot write in English; or

(B) Compliance with paragraph (4) would likely result in serious emotional harm to the child.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 343.155
Statutes/Other Implemented: ORS 343.155 & 34 CFR 300.148
Renumbered from 581-015-0156, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 16-2000, f. & cert. ef. 5-23-00
EB 11-1995, f. & cert. ef. 5-25-95
1EB 28-1978, f. & ef. 7-20-78

Or. Admin. R. 581-015-2530 Children and Young Adults Enrolled in Public Benefits or Insurance

(1) For purposes of this rule:

(a) “Child or young adult” has the meaning given that term in OAR 410-133-0040.

(b) “Consent”:

(A) For purposes of subsection (2)(a) of this rule, has the meaning given that term in 34 C.F.R. §300.9, or where applicable, §300.7; and

(B) For purposes of subsection (2)(b) of this rule, has the meaning described for that term in 34 C.F.R. §99.30.

(2) Before an education agency accesses a child’s or young adult’s public benefits or insurance and discloses personally identifiable information to seek Medicaid reimbursement for the first time, an education agency must provide written notification to the child’s or young adult’s parent and obtain informed, written consent that meets the requirements of:

(a) 34 C.F.R. §§300.154, 300.622, 303.520, 303.521, and 303.414 (The Individuals with Disabilities Education Act); and

(b) 34 C.F.R. §99.30 (Family Education Rights and Privacy Act).

(3) After providing written notification and obtaining consent as described in subsection (2) of this rule, an education agency must provide the parent with the written notification on an annual basis that meets the requirements of the regulations listed in subsection (2) of this rule.

History

Statutory/Other Authority: ORS 343.041, ORS 343.045 & ORS 343.055
Statutes/Other Implemented: ORS 343.045, 34 C.F.R. 99.30, 34 C.F.R. 104, 34 C.F.R. 300.154, 34 C.F.R. 300.622, 34 C.F.R. 300.9, 34 C.F.R. 303.414 & ORS 343.155
ODE 5-2026, amend filed 02/25/2026, effective 02/25/2026
ODE 12-2013, f. & cert. ef. 5-30-13
ODE 11-2013(Temp), f. & cert. ef. 4-25-13 thru 10-21-13
Renumbered from 581-015-0607, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03

Or. Admin. R. 581-015-2535 Children with Disabilities Covered by Private Insurance

(1) With regard to services required to provide FAPE to a child with disabilities, a school district may access a parent's private insurance proceeds only if the parent provides informed consent consistent with this chapter.

(2) Each time the school district proposes to access the parent's private insurance proceeds, it must:

(a) Obtain parent consent in accordance with this rule; and

(b) Inform the parents that their refusal to permit the public agency to access their private insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.

(3) IDEA funds:

(a) If a school district is unable to obtain parental consent to use the parent's private insurance, to ensure FAPE, the district may use its Part B funds to pay for the service.

(b) To avoid financial cost to parents who otherwise would consent to use private insurance, or public insurance if the parent would incur a cost, the school district may use its Part B funds to pay the cost the parents otherwise would have to pay to use the parent's insurance (e.g., the deductible or co-pay amounts).

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055;
Statutes/Other Implemented: ORS 343.164, 343.045, 343.155 & 34 CFR 300.154
Renumbered from 581-015-0608, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03

Or. Admin. R. 581-015-2540 Definitions for Regional Programs

The following definitions apply to OAR 581-015-2545 through 581-015-2565 unless otherwise indicated by the context.

(1) "Administrative Unit" means the school district or ESD within each region chosen to operate the regional program through contract with the Department of Education.

(2) "Consultation services" means technical assistance to or conferring with the local education agency and staff or early intervention/early childhood special education providers and staff or families to assist them to provide services to eligible children.

(3) "Department" means the Oregon Department of Education.

(4) "Direct services" means services provided to the child by regional specialists.

(5) "Eligible children" means children with low-incidence, high need disabilities who need the services of the regional program.

(6) "Low incidence, high need disabilities" means one or more of the following categories under OAR 581-015-2130 through 581-015-2180: autism spectrum disorder, deafblindness, hearing impairment, orthopedic impairment, traumatic brain injury, and vision impairment.

(7) "Regional program" means direct or consultative services funded through the Department provided on a single or multi-county basis that assist school districts and early intervention/ early childhood special education providers in meeting the unique needs of eligible children.

(8) "Services" means early intervention services, early childhood special education and/or related services, and special education and/or related services, as defined in OAR 581-015-2700 and 581-015-2000, respectively.

(9) "Superintendent" means the State Superintendent of Public Instruction.

History

Statutory/Other Authority: ORS 343.236
Statutes/Other Implemented: ORS 343.236
ODE 39-2013, f. & cert. ef. 12-18-13
Renumbered from 581-015-0291, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
EB 10-1996, f. & cert. ef. 6-26-96
EB 27-1988, f. & cert. ef. 6-9-88

Or. Admin. R. 581-015-2545 Administration of Regional Programs

(1) The Superintendent may provide services to eligible children on a regional basis to the extent possible with funds allocated for this purpose:

(a) The Superintendent determines the number of regions and their boundaries;

(b) The Superintendent selects a local school district, education service district, and/or county school district to serve as the Administrative Unit in each region;

(d) The Superintendent may appoint an advisory committee to provide policy direction for regional programs. This committee reports to the State Board of Education through the regional program coordinator.

(2) The Administrative Unit provides general management to the regional program by:

(a) Preparing a regional plan that will include administrative structure, provision of direct and consultation services to eligible children, their families and staff, inservice activities, supervision of instruction, subcontracting and budget;

(b) Serving as fiscal agent for the region including arrangement of subcontracts; preparation of budgets for the receipt of local, state, and federal funds; provision of reports regarding child data, progress, and services; and the management of all fiscal functions including but not limited to, business services;

(c) Selecting, hiring, and directing regional employees using funds granted for that purpose and making employee benefits consistent with other district employees;

(d) Appointing a regional coordinator who will give general direction to the regional program and act as liaison to the Department; and

(e) Appointing a Regional Advisory Council to provide advice to the Administrative unit on program and policy direction.

(3) The Regional Advisory Council consists of seven to eleven members representing each county in the region. At least one person must represent each of the following categories:

(a) Superintendent of an education service district or local school district;

(b) Special education supervisor or teacher of an education service district or local school district;

(d) Director on board of an education service district or local school district;

(e) Individual with a disability or parent of an eligible child.

(f) Regular education teacher or building administrator.

(4) The Administrative Unit governing board will request names from each education service district, school district, county school district, and early intervention and early childhood special education program in the area served by the regional program and make appointments to the council.

History

Statutory/Other Authority: ORS 343.236
Statutes/Other Implemented: ORS 343.236
Renumbered from 581-015-0292, ODE 10-2007, f. & cert. ef. 4-25-07
EB 10-1996, f. & cert. ef. 6-26-96
EB 27-1988, f. & cert. ef. 6-9-88

Or. Admin. R. 581-015-2550 Eligibility for Regional Services

(1) The determination of a child's eligibility for services as a child with autism spectrum disorder, deafblindness, hearing impairment, traumatic brain injury, orthopedic impairment, or vision impairment is the responsibility of:

(a) The resident school district for children who are at the age of eligibility for kindergarten through age 21 in accordance with OAR 581-015-2130 through 581-015-2180; or

(b) The designated referral and evaluation agency for children who are at the age of eligibility for:

(A) Early intervention, from birth until the age of three in accordance with OAR 581-015-2780; and

(B) Early childhood special education, from the age of three until eligible for kindergarten in accordance with OAR 581-015-2795.

(2) Regional programs may assist the local district or designated referral and evaluation agency in evaluating and/or determining eligibility when the local district or the designated referral and evaluation agency does not have a person trained and experienced in the area of the suspected disability(ies).

(3) A child who is found eligible for services as a child with autism spectrum disorder, deafblindness, hearing impairment, traumatic brain injury, or vision impairment may be eligible for regional services if the child needs regional program services.

(4) A child who is found eligible for services as a child with orthopedic impairment may be eligible for regional services if the child is determined to be orthopedically impaired by his/her eligibility team based on eligibility tool(s) approved by the Department, and needs regional program services.

History

Statutory/Other Authority: ORS 343.236
Statutes/Other Implemented: ORS 343.236
ODE 39-2013, f. & cert. ef. 12-18-13
Renumbered from 581-015-0293, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
EB 10-1996, f. & cert. ef. 6-26-96
EB 27-1988, f. & cert. ef. 6-9-88

Or. Admin. R. 581-015-2555 Referral for Regional Services

In referring a child to the regional program, the district or early intervention/early childhood special education program must provide the regional coordinator with the following information:

(1) A request for regional services;

(2) A statement of a child's eligibility in one of the following categories, if previously determined: autism spectrum disorder; deafblindness, hearing impairment, orthopedic impairment, traumatic brain injury, vision impairment, and;

(3) Additional information as the regional coordinator or other regional program representative may request.

History

Statutory/Other Authority: ORS 343.236
Statutes/Other Implemented: ORS 343.236
ODE 39-2013, f. & cert. ef. 12-18-13
ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08
Renumbered from 581-015-0294, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
EB 10-1996, f. & cert. ef. 6-26-96
EB 27-1988, f. & cert. ef. 6-9-88

Or. Admin. R. 581-015-2560 Individualized Educational Program/Individualized Family Service Plan

(1) An eligible child must have an individualized educational plan (IEP) developed in accordance with OAR 581-015-2220 or an individualized family service plan (IFSP) in accordance with OAR 581-015-2815.

(2) The IEP/IFSP must be developed by an appropriately constituted team in accordance with OAR 581-015-2825 for preschool children, and 581-015-2210 for school-age children. A designated regional program staff must be included in the development of the IEP/IFSP.

(3) The IEP/IFSP serves as the basis for determining the child's unique developmental or educational needs and the extent and nature of services to be provided, including services provided by the regional program.

History

Statutory/Other Authority: ORS 343.236
Statutes/Other Implemented: ORS 343.236
Renumbered from 581-015-0295, ODE 10-2007, f. & cert. ef. 4-25-07
EB 10-1996, f. & cert. ef. 6-26-96
EB 27-1988, f. & cert. ef. 6-9-88

Or. Admin. R. 581-015-2565 Regional Program Services

(1) Pursuant to ORS 338, ORS 339, OAR 581-021-0019, and open enrollment under section 9, chapter 718, Oregon Laws 2011, the resident school district has the primary responsibility for the education of an eligible school age child, and is responsible for all costs beyond the fiscal capacity of the regional program that result from the full implementation of the child's IEP.

(2) The Department, through its contractors and subcontractors, has the primary responsibility for early intervention and early childhood special education services for eligible children from birth until eligible for kindergarten, and is responsible for all costs beyond the fiscal capacity of the regional program which result from full implementation of the child's IFSP.

(3) Eligible children may receive one or more of the following regional services based upon the child's needs according to the IEP or IFSP and available resources of the regional program and agreement of the resident school district or EI/ECSE contractor:

(a) Direct services to the child as determined in the IEP/IFSP by an itinerant specialist up to full-time instruction in a self-contained classroom operated by the regional program;

(b) Consultation to providers of the child's educational or early intervention/early childhood special education program and/or the parents;

(d) Recommendations for classroom activities, materials, equipment, adaptations and modifications to instruction, and/or assessment;

(e) Evaluation and interpretation of assessment information;

(f) Audiological management;

(g) Inservice for staff and parents; and

(h) Provision of certain related services.

(4) Teachers and therapists employed by the regional program to serve eligible children must hold the appropriate special education or appropriate state licensure.

(5) Regional programs must be in compliance with all applicable statutes and administrative rules pertaining to the education of children with disabilities.

History

Statutory/Other Authority: ORS 343.236
Statutes/Other Implemented: ORS 343.236
ODE 12-2015, f. & cert. ef. 7-15-15
Reverted to Renumbered from 581-015-0296, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 38-2014(Temp), f. & cert. ef. 9-3-14 thru 3-2-15
Renumbered from 581-015-0296, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
EB 10-1996, f. & cert. ef. 6-26-96
EB 27-1988, f. & cert. ef. 6-9-88

Or. Admin. R. 581-015-2570 Definitions and Purposes of Long-Term Care and Treatment (LTCT) Programs

(1) Definitions in this rule apply to OARs 581-015-2570 to 581-015-2574:

(a) "Contracting school district" means the school district, the education service district, a program operated under the auspices of the State Board of Higher Education, or a program operated under the auspices of the Oregon Health and Science University Board of Directors with which the Department of Education contracts for the provision of educational services.

(b) "Education program" means those activities provided under contract between a contracting school district and the Department of Education, which provide a public education to preschool or school-aged children placed by a public entity, private entity or by the child’s parent in a Psychiatric Day Treatment program or a Psychiatric Residential Treatment Facility;

(d) "Psychiatric Day Treatment Programs" are defined in OAR 309-022-0105(73);

(e) "Psychiatric Residential Treatment Facility" is defined in OAR 309-022-0105(74).

(f) "Resident district" means the resident district of a student as defined under ORS 339.133 and 339.134.

(g) "Public Entity" means the Oregon Department of Human Services (DHS), Oregon Health Authority (OHA), the Oregon Youth Authority (OYA), Oregon School District, or their designee.

(h) "Treatment program" means the long-term day or residential treatment services provided by a private nonprofit or public agency and provided under contract with a state agency or designee of the state agency. Intermediate care facilities are excluded from this definition.

(2) The purposes of the education program under OARs 581-015-2570 to 581-015-2574 are as follows:

(a) To serve children placed by a public entity, private entity or by the child’s parent for needs other than educational;

(b) To serve children placed by a public entity, private entity or by the child’s parent who require schooling in a protected environment in order to protect the health and safety of themselves and/or others; and

(c) To extend the treatment process into the school day to fully implement the treatment plans of children placed by a public entity, private entity or by the child’s parent.

History

Statutory/Other Authority: ORS 326.051 & 343.961
Statutes/Other Implemented: ORS 343.961
ODE 111-2019, minor correction filed 08/30/2019, effective 08/30/2019
ODE 15-2011, f. & cert. ef. 12-15-11
ODE 14-2009, f. & cert. ef. 12-10-09
ODE 34-2007, f. & cert. ef. 12-12-07
Renumbered from 581-015-0044, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
EB 31-1991, f. & cert. ef. 12-18-91
EB 10-1991(Temp), f. & cert. ef. 7-15-91
EB 22-1990, f. & cert. ef. 5-18-90
EB 7-1988, f. & cert. ef. 1-15-88
1EB 23-1986, f. & ef. 7-14-86

Or. Admin. R. 581-015-2571 Long-Term Care and Treatment (LTCT) Education Program Eligibility and Approval

(1) The Department of Education shall base education program eligibility on the following:

(a) An agency may offer several different treatment programs serving different populations. For the purposes of determining eligibility for funding and funding levels for education programs, each program will be considered separately. Temporary shelter programs, which would not otherwise meet the eligibility criteria provided in OAR 581-015-2571(1)(b), are eligible for funding only when attached to an eligible treatment program and the children served are primarily awaiting placement in such programs;

(b) To be eligible for an education program, a treatment program must submit an application to the Department’s Long-Term Care and Treatment Program demonstrating that the program meets all of the following criteria:

(A) Either:

(i) A letter of approval from the Addictions and Mental Health Division certifying that the psychiatric day treatment program or psychiatric residential treatment facility meets standards applicable for intensive children's mental health services under OAR 309-022-0100 through 309-022-0230; or

(ii) Documentation that the program provides long-term residential treatment of children placed by a state agency or designee of the state agency;

(B) Meet state licensing requirements for a private child-caring agency;

(D) Demonstrate through client admissions, staff hiring practices, and client access to services that it meets requirements for ORS 659.850 relating to the prevention of discrimination; and

(E) Demonstrate through curriculum content, teaching practices, and facilities management that the constitutional requirements regarding no religious entanglement are met.

(2) The Department of Education (ODE) is responsible for approving the educational program under this rule and shall base approval on the following:

(a) The contracting school district must ensure that the education program is operated in compliance with a written agreement with the Department that specifies, at a minimum, the following services to be provided:

(A) Each child who is not a child with a disability under OAR 581-015-2130 through 581-015-2180 has a personalized educational plan that includes assessment, goals, services, and timelines;

(B) Information pertaining to students and educational programs is provided to the Department in an accurate and timely manner;

(D) The education program is developed and implemented in conjunction with the treatment program; and

(E) Other requirements as identified by the Department.

(b) The Department must ensure that the education program is operated in compliance with a written agreement with the contracting school district.

(c) Final determinations concerning the eligibility of treatment programs for education funding are at the discretion of the State Superintendent of Public Instruction.

(3) Funding Procedures: Upon receipt of an application for funding for a program under this rule, the Department of Education will:

(a) Determine if the treatment program meets the eligibility criteria in this rule within 45 business days;

(b) If necessary, request additional funding or a limitation for funding from the State Legislature; and

(c) Fund the program according to the formula in OAR 581-015-2572 only when sufficient funds are available for the program under ORS 343.243 and an appropriation from the General Fund as determined by the Department.

History

Statutory/Other Authority: ORS 326.051 & 343.961
Statutes/Other Implemented: ORS 343.243 & 343.961
ODE 36-2014, f. & cert. ef. 6-27-14
ODE 15-2011, f. & cert. ef. 12-15-11
ODE 14-2009, f. & cert. ef. 12-10-09

Or. Admin. R. 581-015-2572 Long-Term Care and Treatment (LTCT) Education Program Funding Formula

(1) The Department of Education shall provide funding to LTCT education programs based on a Minimum Staffing Level (MSL) model. The MSL model is based on standard classroom staffing that addresses the educational and safety needs of the students and educational staff in eligible LTCT day and residential treatment program classrooms.

(2) The Department shall base the MSL model on a ratio of staff to students per classroom that is based upon:

(a) One teacher and two instructional assistants for up to 15 students per classroom.

(b) One teacher and three assistants for between 15-20 students per classroom.

(c) When there are more than 20 students in a classroom, the distribution may factor in opening an additional classroom staffed with one teacher and two additional assistants to bring the student number back to 10 students per classroom.

(d) Staffing levels may vary from this guideline for safety, student characteristics, or treatment needs and still meet the MSL standard as determined by the department.

(e) At the department’s discretion up to 15.0 percent may be added to LTCT contracts to cover educational overhead costs such as indirect, administrative costs and other educational service related costs.

(3) If the total state funding available for all LTCT programs is less than the total state funding needed to fully fund each LTCT contract under the MSL model, the amount of state funding in each contract determined under paragraph (2) of this subsection will be prorated.

(4) LTCT education programs shall use the funding from the department based on the MSL model to implement the MSL model as described under paragraph (2) of this rule. Any variation in staff to student classroom ratios under the MSL model must be approved by the department.

(5) A special needs fund is established at the Oregon Department of Education which will be up to five percent of the total state monies made available for the LTCT program during a biennium:

(a) Individual applications may be made to the Department for this fund to cover unexpected, emergency expenses;

(b) Funds not utilized under this paragraph for the first year of the biennium will be carried forward by the Department to the next fiscal year and the remaining balance at the end of the biennium will be carried over as reserve funds into the next biennium.

History

Statutory/Other Authority: ORS 326.051 & 343.961
Statutes/Other Implemented: ORS 343.243 & 343.961
ODE 45-2016, f. & cert. ef. 11-1-16
Reverted to ODE 10-2015, f. & cert. ef. 7-13-15
ODE 16-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16
ODE 10-2015, f. & cert. ef. 7-13-15
ODE 19-2014, f. & cert. ef. 6-3-14
ODE 15-2011, f. & cert. ef. 12-15-11
ODE 14-2009, f. & cert. ef. 12-10-09

Or. Admin. R. 581-015-2573 Due Process Hearings for Long-Term Care and Treatment (LTCT) Education Programs

(1) The following shall apply to Due Process Hearings involving students attending education programs:

(a) The contracting school district is the “school district” for the purposes of carrying out the procedures required by OAR 581-015-2340 through 581-015-2385;

(b) The issues of the hearing do not include the placement by the public entity, private entity or its designee or by the child’s parent for long-term treatment;

(c) Costs under OAR 581-015-2385(1)(a) that are in excess of the contracted educational program budget will be paid by the Oregon Department of Education;

(d) The Oregon Department of Education is a party to such proceedings and is responsible to provide additional educational services ordered by an administrative law judge that are beyond the scope of the written agreement between the Department and the contracting school district under OARs 581-015-2570 through 581-015-2574.

(2) The Department is not responsible for paying for transportation, care, treatment or medical expenses.

History

Statutory/Other Authority: ORS 326.051 & 343.961
Statutes/Other Implemented: ORS 343.243 & 343.961
ODE 15-2011, f. & cert. ef. 12-15-11
ODE 14-2009, f. & cert. ef. 12-10-09

Or. Admin. R. 581-015-2574 Resident District Obligations for Students in Long-Term Care and Treatment (LTCT) Education Programs

(1) The resident district must provide or pay for the daily transportation to and from a Psychiatric Day Treatment Program in which a student placed by a public entity, private entity or by the student’s parent is enrolled as follows:

(a) The resident district may directly transport or contract for transportation services with the agency, an adjacent school district, an education service district or a private carrier as long as the subcontractor is operating under the provision of ORS 801.455, 801.460, and 820.100 through 820.150, or is exempt from these regulations by operating under the Public Utility Commission, ORS Chapter 767, or city regulations included in ORS Chapter 221.

(b) Subject to agreement with the parent or guardian, the resident district may reimburse a parent or guardian for the transportation of a child at the per mile rate established by that district.

(c) Transportation must be provided by the resident district each day the student is scheduled to receive services from the eligible day treatment program.

(2) The resident district may claim reimbursement OAR 581-023-0040 for transportation costs incurred while transporting the student only when the student receives education services at the eligible day treatment program.

(3) The resident district must participate in all individualized education program or personalized education plan meetings involving its students.

History

Statutory/Other Authority: ORS 326.051, 327.006 & 343.961
Statutes/Other Implemented: ORS 343.961
ODE 35-2014, f. & cert. ef. 6-27-14
ODE 15-2011, f. & cert. ef. 12-15-11
ODE 14-2009, f. & cert. ef. 12-10-09

Or. Admin. R. 581-015-2575 School Programs in Private Hospitals

(1) For purposes of this rule:

(a) "Patient" means a school age child;

(b) "Specialized intensive treatment" means that the hospital maintains special facilities, equipment, and staff;

(A) The school district in which the private hospital is located;

(B) A school district adjacent to the school district in which the private hospital is located; or

(2) Private hospitals not including psychiatric facilities may submit an application for approval of a school program to the State Superintendent of Public Instruction. The application submitted must include verification that:

(a) The hospital admits patients from throughout the state;

(b) The hospital provides specialized intensive treatment that is unique and generally not available in local community hospitals;

(c) The hospital provides services to patients who have severe, low incidence types of disabling conditions including but not limited to burns, orthopedic impairments, and head injuries, but not including drug and alcohol problems;

(d) The hospital admits patients who can be expected to be hospitalized for five days or more or readmitted frequently; and

(e) The facility is licensed as a hospital under OAR 333-500-0010(1)(a).

(3) Approval of the application by the State Superintendent of Public Instruction establishes the school district's eligibility to receive state funds to operate the hospital education program.

(4) All patients are eligible to receive educational services. Educational services must begin if a patient's hospital stay is expected to last five school days or longer and the hospital staff has determined the patient is medically able to receive educational services.

(5) The school district contracting to provide the education program must develop or implement an existing individualized education program that meets all applicable state and federal requirements for patients who meet eligibility criteria for a disability under OAR 581-015-2130 through 581-015-2180:

(6) The primary purpose of the school program for hospitalized patients is to maintain the patient's educational programs.

(7) The hospital must:

(a) Provide classroom space and facilities necessary to carry out the educational program for each patient;

(b) Coordinate with the school program in developing each patient's educational and medical treatment needs; and

(8) All teachers in the hospital school program must have appropriate teacher licensure under rules of the Teacher Standards and Practices Commission.

(9) Upon initial application or approval of a school program in a private hospital, the Oregon Department of Education will review the application, inspect the school program facility and confer with hospital authorities as necessary. The Department will then notify the school district whether the school program is approved or disapproved and under what conditions; if approved, the date upon which funds will be available for operation of the school program, and the effective date and length of the approval. The school district may reapply for approval at the expiration of each approval period.

(10) The Department will monitor each program for compliance with applicable state and federal requirements.

(11) The State Superintendent of Public Instruction will ensure that the school district contracting to provide the educational program meets the following requirements:

(a) The program is operated under a written agreement with the Department of Education;

(b) Each child without a disability has a personalized educational plan that; includes goals, services, timelines, and assessment of progress.

(c) Information pertaining to the educational programs is provided to the Department in an accurate and timely manner; and

(d) The educational program is developed and implemented in conjunction with the medical treatment program.

History

Statutory/Other Authority: ORS 343.261
Statutes/Other Implemented: ORS 343.261
ODE 28-2022, amend filed 05/24/2022, effective 05/24/2022
ODE 12-2022, temporary amend filed 01/28/2022, effective 01/28/2022 through 07/26/2022
ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08
Renumbered from 581-015-0017, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
ODE 2-2003, f. & cert. ef. 3-10-03
EB 16-1990, f. & cert. ef. 4-5-90
EB 29-1987, f. & ef. 11-19-87

Or. Admin. R. 581-015-2580 School Programs in State-Operated Hospitals

(1) For purposes of this rule:

(a) "Patient" means a school age child who is admitted to a state-operated hospital;

(b) "School district" means:

(A) The school district in which the state-operated hospital or training centers is located;

(B) A school district adjacent to the school district in which the state-operated hospital or training center is located; or

(2) All patients admitted to state operated hospitals are eligible to receive educational services.

(3) Educational services in state operated hospitals must commence if a patient's hospital stay is expected to last five schools days or longer and the hospital staff has determined the patient is medically able to receive educational services.

(4) The school district contracting to provide the education program shall develop or implement an existing individualized education program that meets all applicable state and federal requirements for patients who meet eligibility criteria under OAR 581-015-2130 through 581-015-2180:.

(5) The primary purpose of the school program for patients in state-operated hospitals is to maintain the patients' educational programs.

(6) The hospital must:

(a) Provide classroom space and facilities necessary to carry out the educational program for each patient;

(b) Coordinate with the school program in developing each patient's educational and medical treatment needs; and

(7) All teachers in hospital programs must have appropriate teacher licensure under rules of the Teacher Standards and Practices Commission.

(8) The Department will monitor each program for compliance with applicable state and federal requirements.

(9) The State Superintendent of Public Instruction will ensure that the school district contracting to provide the educational program meets the following requirements:

(a) The program is operated under a written agreement with the Department of Education;

(b) Each child without a disability has a personalized educational plan that includes goals, services, timelines, and assessment of progress.

(d) The educational program is developed and implemented in conjunction with the medical treatment program.

History

Statutory/Other Authority: ORS 343.261
Statutes/Other Implemented: ORS 343.261
ODE 28-2022, amend filed 05/24/2022, effective 05/24/2022
ODE 12-2022, temporary amend filed 01/28/2022, effective 01/28/2022 through 07/26/2022
ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08
Renumbered from 581-015-0016, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
EB 15-1990, f. & cert. ef. 4-5-90
EB 28-1987, f. & ef. 11-19-87

Or. Admin. R. 581-015-2585 Youth (Juvenile) Corrections Education and Juvenile Detention Education Programs

(1) Definitions:

(a) "Youth Corrections Education Program" means the provision of educational services to youths in youth correction facilities of the Oregon Youth Authority, and includes secure regional youth facilities, regional accountability camps, residential academies and satellites, camps and branches of those facilities.

(b) "Juvenile Detention Education Program" means the provision of educational services to youths lodged overnight who receive educational services on consecutive days within a detention facility.

(2) Youth Corrections Education Program: The following administrative rules apply to education programs for youth housed in Oregon Youth Authority youth correctional facilities:

(a) Special Education Rules, OAR 581-015-2000 through 581-015-2070, 581-015-2080 through 581-015-2255, 581-015-2300 through 581-015-2445, 581-015-2540 through 581-015-2565, and 581-015-2930 through 581-015-2940;

(b) School Governance and Student Conduct, OARs 581-021-0003 through 581-021-0009, 581-021-0022, 581-021-0030, 581-021-0037, 581-021-0038, 581-021-0045, 581-021-0046, 581-021-0050, 581-021-0210 through 581-021-0512, 581-021-0550 through 581-021-0570, and 581-021-0580 through 581-021-0665;

(c) Standards for Public Elementary and Secondary Schools, OARs 581-022-0102 through 581-022-2030, 581-022-2050 through 581-022-2120, 581-022-2205, 581-022-2220 through 581-022-2225, 581-022-2250 through 581-022-2270, 581-022-2310 through 581-022-2315, 581-022-2325 through 581-022-2330, 581-022-2355, 581-022-2500, and 581-022-2510;

(d) Teacher Standards and Practices Commission Rules.

(e) Education service districts will grant high school diplomas in accordance with all standards for Public Elementary and Secondary Schools OARs listed in subsection (c) of this section.

(3) Students enrolled in a Youth Corrections Education Program may not be suspended or expelled from the program.

(4) Juvenile Detention Education Program: All rules applicable to education programs for Oregon Youth Authority youth correction facilities, as set out in sections (2) of this rule, apply to educational programs for juvenile detention facilities.

(a) Students may not be suspended or expelled from juvenile detention education programs.

(b) Juvenile directors and the school district or education service district responsible for the education of students in a juvenile detention education program under contract with the Department will sign a letter of agreement establishing each agency's areas of responsibility and duties.

(5) Notwithstanding OAR 581-015-2190(6)(b), the school district or ESD responsible for the special education of students in a juvenile detention program or youth corrections program is not required to provide notice of meetings to the parent after rights transfer to the student pursuant to OAR 581-015-2325.

History

Statutory/Other Authority: ORS 326.021 & SB 1552 (2024)
Statutes/Other Implemented: ORS 326.695-326.712, 34 CFR 300.520(a)(2) & SB 1552 (2024)
ODE 19-2025, minor correction filed 04/03/2025, effective 04/03/2025
ODE 6-2025, amend filed 02/14/2025, effective 02/14/2025
Renumbered from 581-015-0301, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
EB 3-1997, f. & cert. ef. 4-25-97

Or. Admin. R. 581-015-2590 Required Days of Instruction for JDEP and YCEP

The Department will schedule and provide an annual school year consisting of a minimum 220 days of actual classroom instruction (time students are present for a major portion of a scheduled school day, engaged in learning experiences related to Department goals and under guidance of teachers). Up to five days of temporary closure due to extraordinary conditions may be counted toward the 220 days, subject to the Superintendent's approval.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.695-326.712
ODE 46-2022, minor correction filed 08/26/2022, effective 08/26/2022
ODE 45-2022, minor correction filed 08/25/2022, effective 08/25/2022
Renumbered from 581-015-0415, ODE 10-2007, f. & cert. ef. 4-25-07
EB 3-1997, f. & cert. ef. 4-25-97
1EB 255, f. & ef. 12-20-76

Or. Admin. R. 581-015-2595 Education Programs for Children at Residential Youth Care Centers

The purpose of this rule is to ensure that school districts meet the provisions outlined in ORS 336.580.

(1) Definitions: For the purposes of this rule, the following definitions apply:

(a) "Consultation" means scheduled opportunities for the residential youth care center director and the education representative of the district, or its contractor, to share information and concerns about the behavioral characteristics, learning styles, educational needs, and level of educational support for the children residing at the residential youth care center in order to develop, review, and agree upon the education plan;

(b) "District" means the school district in which the residential youth care center is located;

(c) "Least restrictive environment" means serving a child in the educational setting in which the child can reasonably be expected to learn while maintaining integration in the local community;

(d) "Open entry-open exit" means that the education program provides opportunities for students to make progress in obtaining school credits or otherwise meeting their educational goals even though they may enroll or exit at any time during the school year.

(e) "Residential youth care center" means a community program defined in ORS 420.855 and operated by a public or private agency. Residential youth care centers where resident children receive educational services funded under ORS 343.961 are not included under the provisions of this rule;

(2) For children placed at a youth care center within a detention facility, as defined in ORS 419A.004, the children shall receive educational services through the Juvenile Detention Education Program as described in ORS 326.695.

(3)(a) The school district in which the residential youth care center is located is responsible for developing a plan which meets the provisions outlined in ORS 336.580. The district may contract this responsibility to another school district or ESD. The delivery of educational services may be provided by the residential youth care center;

(b) The plan must be developed by the district or its contractor after consultation with the residential youth care center director and shall address behavioral characteristics, learning styles, and educational needs of the children pursuant to OAR 581-022-2270;

(c) The plan for an education program must provide for open entry-open exit and must provide opportunities for students to earn school credits in accordance with OAR 581-022-2505, 581-022-2025, and 581-023-0008, opportunities for earning a GED when appropriate, or appropriate skill development to ensure educational progress. A continuum of educational services must be available which assure placement of children in the least restrictive environment in which they can reasonably be expected to be successful until they are exempted from compulsory attendance or receive a high school diploma or an equivalent;

(d) The plan must be approved annually by the school district board in which the youth care center is located.

(4) The district must ensure compliance with sections (3) of this rule. If the district does not comply directly or through its contractor, the State Superintendent will find the district deficient and may apply the penalty provided in ORS 327.158.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 336.580
ODE 39-2026, minor correction filed 07/23/2026, effective 07/23/2026
ODE 33-2019, minor correction filed 08/08/2019, effective 08/08/2019
ODE 20-2015, f. & cert. ef. 12-18-15
ODE 28-2007, f. & cert. ef. 12-12-07
Renumbered from 581-015-0505, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-1998, f. & cert. ef. 2-27-98
EB 29-1988, f. & cert. ef. 7-5-88
EB 9-1988(Temp), f. & cert. ef. 2-17-88

Or. Admin. R. 581-015-2600 Incarcerated Youth

(1) In accordance with OAR 581-015-2045, the obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to certain students aged 18 through 21 incarcerated in an adult correctional facility.

(2) For students with disabilities who are convicted as adults, incarcerated in adult correctional facilities, and otherwise entitled to a free appropriate public education:

(a) The following IEP requirements in OAR 581-015-2200 do not apply:

(A) The requirements relating to participation of children with disabilities in statewide and school district assessments; and

(B) The requirements relating to transition planning and transition services, with respect to the students whose eligibility will end, because of their age, before they will be eligible to be released from adult correctional facilities based on consideration of their sentence and eligibility for early release.

(b) The IEP team may modify the student's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. The requirements of OAR 581-015-2200 and 581-015-2240 do not apply with respect to these modifications.

(3) For purposes of this rule, "adult correctional facility" has the meaning in OAR 581-015-2045.

(4) Notwithstanding OAR 581-015-2190(6)(b), the public agency responsible for the special education of students in an adult correctional facility is not required to provide notice of meetings to the parent after rights transfer to the student pursuant to OAR 581-015-2325.

History

Statutory/Other Authority: ORS 343.055;
Statutes/Other Implemented: ORS 339.115 & 34 CFR 300.324(d)
Renumbered from 581-015-0603, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 3-2000, f. & cert. ef. 2-1-00

Or. Admin. R. 581-015-2605 Plans to Serve Students in Local or Regional Correctional Facilities

A school district must have a plan, approved by the local school board, to provide or cause to be provided appropriate education for children placed in a local or regional correctional facility located in the school district.

History

Statutory/Other Authority: ORS 343.055
Statutes/Other Implemented: ORS 339.129
Renumbered from 581-015-0604, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 3-2000, f. & cert. ef. 2-1-00

Or. Admin. R. 581-015-2610 Standards for Home, Hospital, Institutional or Other Regularly Scheduled Instruction

(1) School districts may provide home, hospital, institutional, or other regularly scheduled instruction to any eligible student with a disability.

(2) Funding: School districts that provide home, hospital, institutional, or other regularly scheduled instruction under section (1) of this rule may claim state school funding under OAR 581-023-0100.

(3) Criteria for Placement: School districts that propose to place a student with a disability in a home, hospital, institutional, or other regularly scheduled program must ensure that the following criteria are met:

(a) The student must be enrolled as a resident student of the school district;

(b) The home, hospital, institutional, or other regularly scheduled program must be appropriate to the unique educational needs of the student;

(c) The student must meet the minimum criteria established by the State Board of Education for determining eligibility to receive special education as set forth in OAR 581-015-2130 through 581-015-2180:.

History

Statutory/Other Authority: ORS 343.041, 343.045 & 343.055
Statutes/Other Implemented: ORS 343.261
Renumbered from 581-015-0015, ODE 10-2007, f. & cert. ef. 4-25-07
EB 11-1995, f. & cert. ef. 5-25-95
1EB 248, f. & cert. ef. 9-23-76, Renumbered from 581-022-0155
1EB 1 87, f. 3-6-75, cert. ef. 3-25-75

Or. Admin. R. 581-015-2700 Definitions — EI/ECSE Program

For the purposes of OAR 581-015-2700 to 581-015-2910, the definitions in this rule and 581-015-2000 apply.

(1) "Assessment" means the ongoing procedures used by appropriate qualified personnel to identify the child’s unique strengths and needs throughout the period of the child’s eligibility. For EI this includes, the initial assessment of the child and family prior to the first IFSP meeting.

(2) “Communication" means receptive or expressive language development.

(3) "Contractor" means the agency designated by the Department to administer the provision of EI and ECSE within selected service areas.

(4) "Department" means the Oregon Department of Education.

(5) "Designated referral and evaluation agency" means the agency in each county designated to be the referral point for parents and others who suspect that a child may need early intervention or early childhood special education, and to be responsible for assuring that all referred children suspected of having a disability receive evaluation for potential eligibility for early intervention and early childhood special education.

(6) "Early childhood special education (ECSE)" means free, specially designed instruction to meet the unique needs of a preschool child with a disability, three years of age until the age of eligibility for public school, including instruction in physical education, speech-language services, travel training, and orientation and mobility services. Instruction is provided in any of the following settings: home, hospitals, institutions, special schools, classrooms and community childcare or preschool settings, or both.

(7) "Early intervention and early childhood special education assistants" means individuals who implement program activities under the direct supervision of the professional personnel.

(8) "Early intervention and early childhood special education specialists" means professionals who implement or coordinate the implementation of individualized family service plans.

(9) "Early intervention (EI)" means services for preschool children with disabilities from birth until three years of age, including Indian children and children who are homeless and their families, these services are:

(a) Based on scientifically-based research, as defined in OAR 581-015-2000, to the extent practicable;

(b) Designed to meet the child's developmental needs and the needs of the family related to enhancing the child's development as identified by the IFSP team, in any one or more of the following areas: physical development; cognitive development; communication development; social or emotional development; or adaptive development;

(d) Provided:

(A) Under public supervision;

(B) By personnel qualified in accordance with criteria established by rules of the State Board of Education; and

(e) At no cost to parents;

(f) Meet all applicable state requirements; and

(g) Include the following types of intervention services ( defined in 303.13(1): family training, counseling, in-home visits; special instruction; speech-language pathology and audiology services, and sign language and cued language services; occupational therapy; physical therapy; psychological services; service coordination; medical services only for diagnostic or evaluation purposes; early identification, screening, and assessment services; health services necessary to enable the child to benefit from other early intervention services; nursing services, nutrition services, social work services; vision services; assistive technology devices and services; and transportation and related costs that are necessary to enable a child and the child's family to receive another early intervention service.

(10) "Educational records" means those records that are:

(a) Directly related to a student; and

(b) Maintained by a primary contractor or subcontractor.

(11) "Evaluation" means the procedures used by qualified personnel to determine;

(a) A child's initial eligibility for EI or ECSE services;

(b) A child's continuing eligibility for EI or ECSE services; and

(12) “Health Services” means services necessary to enable an otherwise eligible child to benefit from the other early intervention services under this part during the time that the child is eligible to receive early intervention services.

(a) The term includes:

(A) Such services as clean intermittent catheterization, tracheotomy care, tube feeding, the changing of Dressings or colostomy collection bags, and other health services; and

(B) Consultation by physicians with other service providers concerning the special health care needs of infants and toddlers with disabilities that will need to be addressed in the course of providing other early intervention services.

(b) The term does not include:

(A) Services that are:

(i) Surgical in nature ;

(ii) Purely medical in nature; or

(iii) Related to the implementation, optimization, maintenance, or placement of a medical device that is surgically implanted.

(I) Nothing in this part limits the right of an infant or toddler with a disability with a surgically implanted device to receive the early intervention services that are identified in the child’s IFSP as being needed to meet the child’s IFSP and developmental outcomes.

(II) Nothing in this part prevents the EI provider from routinely checking that either the hearing aid or the external components of a surgically implanted device of an infant or toddler with a disability are functioning properly;

(B) Devices necessary to control or treat a medical condition; and

(C) Medical-Health services (such as immunizations and regular “well baby” care) that are routinely recommended for all children.

(13)” IFSP Content” means the definition as stated in OAR 581-015-2815 which includes:

(a) “Frequency” which means the number of days or sessions that a service is provided;

(b) “Duration” which means projecting when a given service will no longer be provided (such as when the child is expected to achieve the outcomes in his or her IFSP);

(d) “Method” which means how a service is provided; and

(e) “Location” which means the actual place or places where a service will be provided.

(14) "Independent educational evaluation (IEE)" means an evaluation conducted by a qualified examiner who is not employed by the Department, the contractor, or subcontractor responsible for the child in question.

(15) “Indian “means an individual who is a member of an Indian tribe. “Indian Tribe” means any federal or state Indian tribe, band, rancheria, pueblo, colony, or community, including any native village or regional village corporation

(16) "Individualized family service plan (IFSP)" means a written plan of early childhood special education, related services, early intervention services, and other services developed in accordance with criteria established by the State Board of Education for each child eligible for services under this chapter.

(17) "Informed clinical opinion" means the acquisition and interpretation of multiple sources of information as part of the evaluation and assessment process. This includes evaluation and assessment results, observation reports, previous testing results, medical data, parent reports, and other evaluative information. A review of this information is used in forming a determination regarding current developmental status and the need for EI.

(a) Informed clinical opinion may be used as an independent basis to establish a child’s eligibility under this Section even when other instruments do not establish eligibility.

(b) In no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility.

(18) “Initial Assessment” means the assessment of a child and the family assessment that is conducted prior to the child’s first IFSP meeting.

(19) "Instruction" means providing families with information and skills that support the achievement of the goals and outcomes in the child's IFSP and working with preschool children with disabilities in one or more of the following developmental areas: communication development, social or emotional development, physical development, including vision and hearing, adaptive development, and cognitive development.

(20) “Lead Agency” means the agency designated by the Governor under Section 635(a)(10) of IDEA and § 303.120 that receives funds under Section 643 of the Act to administer the responsibilities under Part C of the Act.

(21) “Local Education Agency” or LEA

(a) LEA means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, or other political subdivision of the State, or for a combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools

(b) Educational service agencies and other public institutions or agencies. This includes the following:

(A) A regional public multiservice agency-

(i) Authorized by State law to develop, manage, and provide services or programs to LEAs; and

(ii) Recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the State.

(B) Any public institution or agency having administrative control and direction of a public elementary school or secondary school, including public charter school, that is established as an LEA under State law.

(C) Entities that meet the definition of intermediate educational unit or IEU in section 602(23) of IDEA, as in effect prior to June 4, 1997.

(c) BIE funded schools which are funded by the Bureau of Indian Education and not subject to the jurisdiction of the SEA other than the Bureau of Indian Education, but only to the extent that the inclusion makes the school eligible for programs which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the LEA receiving assistance under the Act with the smallest student population,

(22) "Monitoring" means activities carried out by the Department and its contractors which measure the subcontractor's compliance with state and federal mandates for the provision of EI and ECSE.

(23) “Multidisciplinary” means the involvement of two or more separate disciplines or professions and with respect to-

(a) evaluation of the child and assessments of the child and family, this may include one individual who is qualified in more than one discipline or profession; and

(b) for the IFSP Team this means the involvement of the parent and two or more individuals from separate disciplines or professions and one of these individuals must be the service coordinator.

(24) "Natural environment" means settings that are natural or normal for the child's age peers who have no disability.

(25) "Other services" means those services that may be provided to preschool children with disabilities and to their families that are not EI or ECSE services and are not paid for with EI or ECSE funds.

(26) "Parent" means:

(a) One or more of the following persons:

(A) A biological or adoptive parent of the child;

(B) A foster parent of the child,

(C) A legal guardian, generally authorized to act as the child’s parent, or authorized to make EI, educational health or developmental decisions for the child ( but not the State if the child is a ward of the State).

(E) A surrogate parent who has been appointed in accordance with OAR 581-015-2320, for school-age children, or 581-015-2760 for preschool children.

(c) If a judicial decree or order identifies a specific person under subsection (a) to act as the parent of a child or to make educational or EI decisions on behalf of a child, then that person will be the parent for special education purposes, except that if an EIS provider or a public agency provides any services to a child or any family member of that child, that EIS provider or public agency may not act as the parent for that child.

(27) “Parent Training and Information Center” means a center assisted under section 671 or 672 of IDEA

(28) "Periodic review" means a review of the IFSP for a child and the child's family. An EI or ECSE program or parent may request a review of the IFSP.

(29) “Personally Identifiable Information” means information as identified in the Family Educational Rights and Privacy Act (FERPA) found at 34 CFR 99.3 and OAR 581-015-2000(23), except any reference to a “student” means a “child” in this part and any reference to a “school” means an EIS provider as used in this part.

(30) "Physical development" means gross or fine motor development.

(31) "Preschool child with disabilities" means all children from:

(a) Birth until three years of age, including infants and toddlers who are eligible for EI services under OAR 581-015-2780(3); or

(b) Three years of age to eligibility for public school who are eligible for ECSE services under OAR 581-015-2795.

(32) "Professional Development Plan" means a written document specifying the name of the employee, the position, current qualifications, current deficits, an accounting of steps to be taken to rectify deficits including timelines, persons responsible, and the final date by which the plan will be complete.

(33) "Public agency” or “public agencies" means the lead agency and any other agency or political subdivision of the state.

(34) “Qualified Personnel “means personnel who have met State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the areas in which the individuals are conducting evaluations or assessments or providing early intervention services.

(35) "Related services" includes transportation and such developmental, corrective, and other supportive services, including orientation and mobility services, speech language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation including therapeutic recreation, school health services and school nurse services, counseling, social work services, parent counseling and training, and medical services, as may be required to assist a child with disabilities, three years of age until the age of eligibility for public school, to benefit from special education or early childhood special education and includes early identification and assessment of disabling conditions. Medical services shall be for diagnostic and evaluation purposes only. This definition incorporates the exception for services for children with surgically implanted devices, including cochlear implants, in 34 CFR 300.34(b) and the definitions for individual related services in 34 CFR 300.34(c).

(36) "Related services personnel" means professionals who consult, supervise, train staff, design curriculum, or implement related services.

(37) "Service coordination" means the activities carried out by a service coordinator to assist and enable an eligible child and the child's family to receive the rights, procedural safeguards and services that are authorized under the state's EI program and to coordinate access to other services designated on the IFSP.

(38) “Sign Language and cued language services” include teaching sign language, cued language, and auditory/oral language, providing oral translation services (such as amplification), and providing sign and cued language interpretation.

(39) “State Education Agency “or SEA means the State Board of Education or other agency or officer primarily responsible for State supervision of public elementary schools and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law and the term includes the agency that receives funds under IDEA to administer the State’s responsibilities under part B of the Act.

(40) “State Interagency Coordinating Council” (SICC) means a council appointed by the Governor for IDEA Part C purposes in compliance with 34 CFR 303.600-303.605

(41) "Subcontractor" means the agency or agencies selected by the contractor to provide services for EI and ECSE.

(42) "Supervision" means the activities carried out by the Department and its primary contractors to oversee the provision of EI and ECSE services.

(43) "Supervisor" means a professional who supervise and train staff, design curriculum, and administer EI or ECSE programs.

(44) The following words are defined in OAR 581-015-2000:

(a) "Assistive technology device";

(b) "Assistive technology service";

(d) "Autism";

(e) "Communication disorder";

(f) "Deafblindness";

(g) “Developmental Delay”;

(h) "Emotional disturbance";

(i) "Hearing impairment";

(j) "Intellectual disability";

(k) "Orthopedic impairment";

(l) "Other health impairment";

(m) "Specific learning disability";

(n) "Traumatic brain injury";

(o) "Visual impairment";

(p)"Consent";

(q) "Day";

(r) "Department";

(s) "General curriculum";

(t) "Health assessment statement";

(u) "Identification";

(v) "Individualized education program (IEP)";

(w) "Mediation";

(x) "Medical statement";

(y) "Native language";

(z) “Participating agency";

(aa) "Personally identifiable information";

(bb) "Placement";

(cc) "Private school";

(dd) "School district";

(ee) "Short term objectives";

(ff) "Special education";

(gg) "Specially designed instruction";

(hh) "Supplementary aids and services";

(ii) "Superintendent";

(jj) "Surrogate parent";

(kk) "Ward of the state"; and

(ll)“Scientifically Based Research”

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475, 34 CFR 300.5 - 300.45, 34 CFR 99.3, 34 CFR 303.4-303.37 & 34 CFR 303.600-303.605
ODE 14-2019, amend filed 05/17/2019, effective 05/17/2019
ODE 10-2019, temporary amend filed 03/25/2019, effective 03/25/2019 through 05/16/2019
ODE 20-2012, f. & cert. ef. 8-1-12
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
Renumbered from 581-015-0900, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 1-2004, f. & cert. ef. 1-15-04
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & ef. 1-24-95
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2705 Establishment of Service Areas

(1) The Department establishes service areas for the provision of EI and ECSE to ensure the provision of services to preschool children with disabilities.

(2) The service areas are designated by the Department and may include multiple counties.

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475 & 343.495
Renumbered from 581-015-0910, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2710 Selection of Contractor

(1) The Department selects a contractor to provide administration and coordination of EI and ECSE in the selected service area.

(2) The contractor will be selected using criteria developed by the Department which include:

(a) Geographic location;

(b) Previous experience in the administration of special education, early intervention, or related programs; and

(c) Expressed willingness to administer the EI and ECSE program in their area in compliance with the applicable state and federal requirements.

(3) The contractor will administer the EI and ECSE programs under a contract from the Department. The contract for administration will include requirements for the following:

(a) Staffing expectations for the administration of the area program;

(b) Necessary reports to the Department;

(d) Fiscal responsibility for the administration of contractor funds and the distribution of funds to subcontractors;

(e) Selection and monitoring of subcontractors including the designated referral and evaluation agency;

(f) Coordination of technical assistance to EI and ECSE programs in the contractor's service area;

(g) Assurances that written agreements exist between agencies to assure interagency coordination in each county of the designated service area;

(h) Assurances that a continuum of alternative placements is available to meet the needs of preschool children with disabilities enrolled in ECSE;

(i) Criteria for supervision of services provided by the contractor when no local subcontractor is available or appropriate; and

(j) Such other requirements as are determined necessary by the Department to assure the provision of EI and ECSE services as authorized by ORS 343.465 to 343.534.

(4) The contract will include timelines, criteria, and procedures to be used by the Department for withholding funds or terminating the contract for failure to comply with contract requirements.

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.465, 343.475 & 343.495
Renumbered from 581-015-0920, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2712 Availability of Early Intervention Services

Appropriate early intervention services are offered to eligible children as soon as possible consistent with scientifically based research, to the extent practicable, and are available to all infants and toddlers with disabilities and their families, including-

(1) Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State; and

(2) Infants and toddlers with disabilities who are homeless and their families.

History

Statutory/Other Authority: ORS 343.475 & 326.051
Statutes/Other Implemented: ORS 343.475
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

Or. Admin. R. 581-015-2713 Central Directory

The EI system shall include a central directory that is accessible to the general public (i.e. through the lead agency’s website and other appropriate means) which includes accurate, up-to-date information about-

(1) Public and private early intervention services, resources, and experts available in the State;

(2) Professional and other groups (including parent support, and training and information centers that provide assistance to infants and toddlers with disabilities eligible for EI services and their families); and

(3) Research and demonstration projects being conducted in the State relating to infants and toddlers with disabilities.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 343.475 & 34 CFR 303.117
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

Or. Admin. R. 581-015-2715 Role of Local Interagency Coordinating Council (LICC)

(1) Each contractor, in conjunction with subcontrator(s), must solicit the advice and assistance of the local interagency coordinating council (LICC) in each county within the contractor's service area, regarding:

(a) Identification of service needs;

(b) Coordination of services with other agency services;

(d) Development of local interagency agreements.

(2) The recommendations from each LICC must be used by the contractor and subcontractor in developing a plan for services required by the Department. This plan will include components described in section (1) of this rule, and be presented in a format provided by the Department, and must include:

(a) A written description of the process used in assisting each LICC in the development of their recommendations;

(b) The contractor's and subcontractor's proposal for implementing the recommendations from the LICC in each county;

(c) Recommendations from the LICC that the contractor and subcontractor(s) does not propose to implement, and the reason for that decision; and

(d) A written description of the process used to resolve disagreements between the LICC and the contractor and subcontractor(s).

(3) When there is unresolved conflict over the service plan, and recommendations from the LICC the Department will:

(a) Investigate the conflict; and

(b) Make the final decision regarding plan approval and implementation.

(4) The contractor(s) must provide, within available funds, fiscal and other support for the LICC to perform the functions described in this rule. The LICC must submit an annual budget to the contractor(s) to demonstrate the use of the funds.

(5) The LICC must collaborate with other agencies and programs in planning and implementing services for young children and their families in the local community.

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475 & 343.507
Renumbered from 581-015-0930, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2720 Census and Data Reporting – EI/ECSE Program

Contractors and subcontractors must follow the rules and procedures in OAR 581-015-2010 for reporting to the Department all resident preschool children with disabilities with the following definition exception: "School district" means contractors or subcontractors.

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475, 343.495 & 343.513 - 343.533
Renumbered from 581-015-1045, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00

Or. Admin. R. 581-015-2725 Compliance Monitoring – EI/ECSE Program

Contractors and subcontractors involved in the education of preschool children with disabilities will be monitored by the Department of Education on a regular basis as specified in Oregon's federally approved special education policies and procedures and Part C application to ensure compliance with the requirements of the Individuals with Disabilities Education Act, Oregon Revised Statutes, and Oregon Administrative Rules. Monitoring procedures may include program self-assessment, data collection, analysis and reporting, on-site visits, review of policies and procedures, review of the development and implementation of IFSPs, improvement planning, and auditing federal fund use.

History

Statutory/Other Authority: ORS 343.041 & 343.475
Statutes/Other Implemented: ORS 343.475
Renumbered from 581-015-1110, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & cert. ef. 1-24-95

Or. Admin. R. 581-015-2730 Parent Consent for EI

(1) The public agency must obtain written parental consent before conducting a screening, an initial evaluation or reevaluation.

(2) Written parental consent must also be obtained before the provision of EI services described in the IFSP. The parents of a child eligible for EI services must determine whether they, their child, or other family members will accept or decline any EI services, and may decline such a service after first accepting it, without jeopardizing other EI services. If the parents do not provide consent for a particular EI service or withdraw consent after first providing it, that service will not be provided. The EI services for which parental consent is obtained will be provided.

(3) If consent is not given, the public agency must make reasonable efforts to ensure that the parent:

(a) Is fully aware of the nature of the evaluation and assessment or the services that would be available; and

(b) Understands that the child will not receive the evaluation and assessment or services unless consent is given.

History

Statutory/Other Authority: ORS 343.475 & 343.531
Statutes/Other Implemented: ORS 343.475, 343.531 & 34 CFR 303.420 (c)
ODE 20-2019, amend filed 06/25/2019, effective 06/25/2019
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
Renumbered from 581-015-0938, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 1-2004, f. & cert. ef. 1-15-04
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & cert. ef. 1-24-95

Or. Admin. R. 581-015-2735 Parent Consent for ECSE

(1) Consent means that the parent:

(a) Has been fully informed, in his or her native language or other mode of communication, of all information relevant to the activity for which consent is sought; and

(b) Understands and agrees in writing to the carrying out of the activity for which his or her consent is sought.

(2) Consent is voluntary on the part of the parent and meets the requirements of the consent provisions of this rule and 34 CFR 300.622 and 34 CFR 99.30 implementing IDEA, and FERPA respectively.

(3) Consent for initial evaluation:

(a) The public agency must provide notice under OAR 581-015-2745 and obtain informed written parental consent before conducting an initial ECSE evaluation to determine if a child qualifies as a child with a disability under 581-015-2795. Consent for initial evaluation may not be construed as consent for the initial provision of special education and related services.

(b) The public agency must make reasonable efforts to obtain the informed consent from a parent for an initial evaluation to determine a child's eligibility for ECSE services.

(c) If a parent of a child enrolled in public preschool or seeking to be enrolled in public preschool does not provide consent for an initial evaluation, does not respond to a request for consent for an initial evaluation, or revokes consent for an initial evaluation, the public agency may, but is not required to, pursue the initial evaluation of the child using mediation or due process hearing procedures. A public agency does not violate its child find obligations if it declines to pursue the evaluation using these procedures.

(4) Consent for initial provision of services:

(a) The contractor or subcontractor must obtain informed consent from the parent of the child before the initial provision of ECSE services to the child.

(b) The contractor or subcontractor must make reasonable efforts to obtain informed consent from the parent for the initial provision of ECSE services to the child.

(c) If a parent does not respond or refuses to consent for initial provision of ECSE services or revokes consent for the initial provision of ECSE services, the contractor or subcontractor may not seek to provide ECSE services to the child by using mediation or due process hearing procedures.

(d) If a parent refuses to grant consent for initial provision of ECSE services, does not respond to a request to provide consent for the initial provision of ECSE services, or revokes consent for such services:

(A) The contractor or subcontractor will not be considered to be in violation of the requirement to make available a free appropriate public education to the child for the failure to provide the child with the ECSE services for which the contractor or subcontractor requests consent; and

(B) The contractor or subcontractor is not required to convene an IFSP meeting or develop an IFSP for the child for the ECSE services for which consent is requested.

(e) If, at any time subsequent to the initial provision of ECSE services, the parent of a student revokes consent in writing for the continued provision of ECSE services, the school district

(A) May not continue to provide ECSE services to the student, but must provide prior written notice in accordance with OAR 581-015-2310 before ceasing the provision of special education and related services; and

(B) Is not required to amend the child’s education records to remove any references to the child’s receipt of special education and related services because of the revocation of consent.

(5) Consent for reevaluation:

(a) The public agency must obtain informed parent consent before conducting any reevaluation of a child with a disability, except as provided in subsections (b) and OAR 581-015-2740(3).

(b) If a parent refuses to consent to the reevaluation or revokes consent for the reevaluation, the public agency may, but is not required to, pursue the reevaluation by using mediation or due process hearing procedures. A district does not violate its child find obligations if it declines to pursue the reevaluation using these procedures.

(c) If, after reasonable efforts to obtain parent consent, the parent does not respond, the public agency may conduct the reevaluation without consent, unless the reevaluation is an individual intelligence test or test of personality.

(6) Revocation of consent:

(a) A parent may revoke consent at any time before the completion of the activity or action for which they have given consent.

(A) A parent may revoke consent for an evaluation or reevaluation that has not yet been conducted.

(B) A parent may revoke consent for the provision of special education services in writing at any time before or during the provision of those services.

(C) A parent may revoke consent for release of personally identifiable information to the State’s public benefits or insurance program (e.g., Medicaid).

(b) If a parent revokes consent, that revocation is not retroactive.

(7) Other consent requirements:

(a) The public agency must document its reasonable efforts to obtain parent consent in accordance with OAR 581-015-2755(2)(b).

(b) A parent's refusal to consent to one service or activity may not be used to deny the parent or child any other service, benefit, or activity of the contractor or subcontractor, except as provided in this rule.

(c) If a parent of a child who is placed in a private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent does not respond to a request for consent:

(A) The public agency may not use mediation or due process hearing procedures to seek consent; and

(B) The public agency is not required to consider the child as eligible for ECSE services.

History

Statutory/Other Authority: ORS 343.475 & ORS 343.531
Statutes/Other Implemented: ORS 343.475, ORS 343.531, 34 CFR 300.300 & 34 CFR 300.622
ODE 5-2026, amend filed 02/25/2026, effective 02/25/2026
ODE 12-2013, f. & cert. ef. 5-30-13
ODE 11-2013(Temp), f. & cert. ef. 4-25-13 thru 10-21-13
ODE 13-2009, f. & cert. ef. 12-10-09
Renumbered from 581-015-0939, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & cert. ef. 1-24-95

Or. Admin. R. 581-015-2740 Exceptions to Parental Consent — EI/ECSE Program

(1) Parental consent is not required before:

(a) Reviewing existing data as part of an evaluation or a reevaluation;

(b) Administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children; or

(c) Conducting evaluation tests, procedures or instruments that are identified on a child's IFSP as a measure for determining progress; or

(d) Conducting a screening of a child by an EI/ECSE specialist to determine appropriate instructional strategies for curriculum implementation.

(2) Consent for initial evaluation for wards of the state (for children age three and above): If a child is a ward of the state and is not residing with the child’s parent, the public agency is not required to obtain informed written consent from the parent for an initial evaluation to determine whether the child is a child with a disability if:

(a) Despite reasonable efforts to do so, the agency cannot discover the whereabouts of the parent of the child;

(b) The rights of the parents of the child have been terminated in accordance with state law; or

(3) For children age three and above, if, after reasonable efforts to obtain parent consent, the parent does not respond, the contractor or subcontractor may conduct the reevaluation without consent, unless the reevaluation is an individual intelligence test or test of personality.

(4) For the purposes of (3) of this rule, "reasonable efforts" means the contractor or subcontractor has used procedures consistent with OAR 581-015-2755(2)(b).

(5) Parental consent is not required if an administrative law judge determines under OAR 581-015-2375 that the evaluation or reevaluation is necessary to ensure that the child is provided with appropriate EI services, or for children in ECSE, a free appropriate public education.

History

Statutory/Other Authority: ORS 343.475 & 343.531
Statutes/Other Implemented: ORS 343.475, 343.531, 34 CFR 300.300 & 300.302
Renumbered from 581-015-0937, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00

Or. Admin. R. 581-015-2745 Prior Written Notice and Notice of Procedural Safeguards — EI/ECSE Program

(1) Prior written notice must be given to the parent or surrogate parent a reasonable time before the contractor or subcontractor proposes to initiate or change, or refuses to initiate or change, the identification, evaluation, placement of the child; or

(a) The provision of appropriate EI services if the child is from birth to age three; or

(b) The provision of a free appropriate public education to the child if the child is three years of age to eligibility for public school.

(2) The content of the prior written notice must include:

(a) A description of the action proposed or refused by the contractor or subcontractor;

(b) An explanation of why the contractor or subcontractor proposed or refused to take the action;

(d) A description of each evaluation procedure, assessment, test, record, or report which is directly relevant to the proposal or refusal;

(e) A description of any other factors relevant to the contractor's or subcontractor's proposal or refusal;

(f) A statement that the parents of a child with a disability have procedural safeguards and, if it is not an initial referral for evaluation, the means by which a copy of the Notice of Procedural Safeguards may be obtained;

(g) Sources for parents to contact to obtain assistance in understanding their procedural safeguards; and

(h) For children in EI, a statement of the complaint procedures under OAR 581-015-2030, including a description of how to file a complaint and the timelines under those procedures.

(3) The prior notice must be:

(a) Written in language understandable to the general public; and

(b) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

(4) If the native language or other mode of communication of the parent is not a written language, the contractor or subcontractor must take steps to ensure that:

(a) The notice is translated orally or by other means to the parent in the parent's native language or other mode of communication;

(b) The parent understands the content of the notice; and

(5) If a parent is deaf or blind, or has no written language, the mode of communication must be that normally used by the parent (such as sign language, Braille, or oral communication).

(6) Notice of Procedural Safeguards: Contractors and subcontractors must provide notice of Procedural Safeguards as described in OAR 581-015-2315.

History

Statutory/Other Authority: ORS 343.475 & 343.531
Statutes/Other Implemented: ORS 343.475, 343.527, 343.531, 34 CFR 300.503 & 300.504
ODE 12-2013, f. & cert. ef. 5-30-13
ODE 11-2013(Temp), f. & cert. ef. 4-25-13 thru 10-21-13
Renumbered from 581-015-0940, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 1-2004, f. & cert. ef. 1-15-04
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 24-2000, f. & cert. ef. 10-16-00
EB 27-1995, f. & cert. ef. 12-11-95
EB 4-1995, f. & cert. ef. 1-24-95
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2750 Parent Participation — General — EI/ECSE Program

(1) For a child under age three, contractors or subcontractors must provide parents with an opportunity to participate in meetings with respect to the identification, evaluation, IFSP, placement of the child and the provision of appropriate EI services and transition to ECSE or other services. For IFSP meetings, contractors and subcontractors must also follow requirements of OAR 581-015-2755.

(2) For a child age three and older, contractors or subcontractors must provide parents with an opportunity to participate in meetings with respect to the identification, evaluation, IFSP, placement of the child, the provision of a free appropriate public education and transition to school age or other services. For IFSP and placement meetings, contractors and subcontractors must also follow requirements of OAR 581-015-2755.

(3) Contractors or subcontractors must provide parents and other participants with a written notice of the meeting sufficiently in advance to ensure that parents and others will have an opportunity to attend. The written notice must:

(a) State the purpose, time and place of the meeting and who will attend;

(b) Inform the parents that they or the agency may invite other individuals who they believe have knowledge or expertise regarding the child;

(c) Inform the parents of a child age three or older that the team may proceed with the meeting even if the parent is not in attendance; and

(d) Inform the parents of whom to contact before the meeting to provide information if they are unable to attend.

(4) The contractor or subcontractor must take whatever action is necessary to ensure that the parents understand the proceedings at a meeting, including:

(a) For a child under age three, conducting the meeting in the native language of the family or other mode of communication used by the family unless it is clearly not feasible to do so; and

(b) For a child age three and over, arranging for an interpreter for parents who are deaf or whose native language is other than English.

(5) A meeting does not include informal or unscheduled conversations involving public agency personnel and conversations on issues such as teaching methodology, instructional plans, or coordination of service provision if those issues are not addressed in the child's IFSP. A meeting also does not include preparatory activities that public agency personnel engage in to develop a proposal or response parent proposal that will be discussed at a later meeting.

(6) Conducting a meeting without a parent in attendance: A meeting may be conducted without a parent in attendance if the public agency has given the parent notice under subsection (3) or, for IFSP or placement meetings, in accordance with OAR 581-015-2755.

History

Statutory/Other Authority: ORS 343.475;
Statutes/Other Implemented: ORS 343.475, 343.531 & 34 CFR 300.501
Renumbered from 581-015-0962, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 1-2004, f. & cert. ef. 1-15-04
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 24-2000, f. & cert. ef. 10-16-00

Or. Admin. R. 581-015-2755 Additional Parental Participation Requirements for IFSP and Placement Meetings — EI/ECSE Program

(1) For a child under age three:

(a) Contractors or subcontractors must schedule IFSP meetings in settings and at times that are convenient to families;

(b) If neither parent can attend, the contractor or subcontractor must use other methods to ensure parent participation, including, but not limited to, individual or conference phone calls or home visits; and

(c) The contents of the IFSP must be fully explained to the parents and informed written consent obtained from the parents before the provision of EI services described in the plan.

(2) For a child age three and older:

(a) Contractors or subcontractors must take steps to ensure that one or both of the parents of a child with a disability are present at each IFSP or placement meeting or are afforded the opportunity to participate, including:

(A) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and

(B) Scheduling the meeting at a mutually agreed on time and place.

(C) If neither parent can attend, the contractor or subcontractor must use other methods to ensure parent participation, including, but not limited to, individual or conference phone calls or home visits;

(b) An IFSP or placement meeting may be conducted without a parent in attendance if the contractor or subcontractor is unable to convince the parents that they should attend. If the contractor or subcontractor proceeds with an IFSP or placement meeting without a parent in attendance, the contractor or subcontractor must have a record of its attempts to arrange a mutually agreed on time and place, such as:

(A) Detailed records of telephone calls made or attempted and the results of those calls;

(B) Copies of correspondence sent to the parents and any responses received; and

(c) The Department considers contractor or subcontractor attempts to convince parents to attend sufficient if the contractor or subcontractor:

(A) Communicates directly with the parent and arranges a mutually agreeable time and place, and sends written notice required under OAR 581-015-2750 to confirm this arrangement; or

(B) Sends written notice required under OAR 581-015-2750, proposing a time and place for the meeting and stating in the notice that the parent may request a different time and place, and confirms that the parent received the notice.

(C) "Sufficient attempts" may all occur before the scheduled IEP or placement meeting, and do not require the scheduling of multiple agreed-upon meetings unless the team believes this would be in the best interest of the child.

(3) The contractor or subcontractor must give the parent a copy of the IFSP at no cost to the parent. If the parent does not attend the IFSP meeting, the contractor subcontractor must ensure that a copy is provided to the parent.

History

Statutory/Other Authority: ORS 343.475, 343.521 & 343.531
Statutes/Other Implemented: ORS 343.475, 343.495, 343.521, 343.531, 34 CFR 300.322 & 34 CFR 300.501
Renumbered from 581-015-0966, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00

Or. Admin. R. 581-015-2760 Surrogate Parents — EI/ECSE

(1) Each contractor or subcontractor serving a child participating in EI or ECSE must ensure that the rights of the child are protected by appointing a surrogate parent not more than 30 days after a determination by the contractor or subcontractor that the child needs a surrogate because:

(a) No parent (as defined in OAR 581-015-2700(19) can be identified or located after reasonable efforts; or

(b) The child is a ward of the state and there is reasonable cause to believe that the child has a disability.

(2) In determining the need for a surrogate, the contractor or subcontractor must consider whether it is likely to take any action regarding the child that would require notice under OAR 581-015-2745 to the parents.

(3) Each contractor or subcontractor must have a method for determining whether a child needs a surrogate parent and for assigning a surrogate parent to the child. The contractor or subcontractor must ensure that each person approved to serve as surrogate:

(a) Is not an employee of the contractor or subcontractor or the Department or any other agency involved in the early intervention, education or care of the child;

(b) Does not provide EI/ECSE services to the child or to any family members of the child;

(c) Is free of any personal or professional interest that conflicts with representing the child's early intervention or special education interests; and

(d) Has the necessary knowledge and skills to protect the special education rights of the child.

(4) An appointed surrogate parent has all of the special education rights and procedural safeguards available to the parent.

(5) A surrogate is not considered an employee of a contractor or subcontractor solely on the basis that the surrogate is compensated from public funds.

(6) The duties of the surrogate parent are to:

(a) Protect the early intervention or special education rights of the child;

(b) Be acquainted with the child's disability and the child's EI or ECSE needs; and

(c) Represent the child in all matters relating to the identification, evaluation and assessment, IFSP services, or the provision of a free appropriate public education to the child receiving ECSE and any other EI/ECSE rights.

(7) A surrogate has the same rights granted to a parent in a hearing under OAR 581-015-2870 if the identification, evaluation, IFSP or placement of the child is contested.

(8) A parent may give written consent for a surrogate to be appointed. When a parent requests that a surrogate be appointed, the parent retains all parental rights to receive notice under OAR 581-015-2745 through 581-015-2755 and all of the information provided to the surrogate. The surrogate, alone, is responsible for all matters relating to the special education of the child unless the parent revokes consent for the surrogate's appointment. If a parent gives written consent for a surrogate to be appointed, the parent may revoke consent at any time by providing a written request to revoke the surrogate's appointment.

(9) The contractor or subcontractor may change or terminate the appointment of a surrogate when:

(a) The person appointed as surrogate is no longer willing to serve;

(b) The child is no longer eligible for EI or ECSE services;

(d) A foster parent is identified who can carry out the role of parent under OAR 581-015-2700;

(e) The appointed surrogate is no longer eligible;

(f) The child moves to another subcontractor area; or

(g) The child is no longer a ward of the state.

(10) A person appointed as surrogate will not be held liable for actions taken in good faith on behalf of the parent in protecting the special education rights of the child.

(11) The contractor or subcontractor must not appoint a surrogate solely because the parent is uncooperative or unresponsive to the EI or ECSE needs of the child.

History

Statutory/Other Authority: ORS 343.475 & 343.531
Statutes/Other Implemented: ORS 343.475, 343.531 & 34 CFR 300.519
Renumbered from 581-015-0935, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 1-2004, f. & cert. ef. 1-15-04
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & cert. ef. 1-24-95
EB 12-1993, f. & cert. ef. 3-25-93

Or. Admin. R. 581-015-2765 Independent Education Evaluation — ECSE

(1) Any parent of a preschool child with disabilities three years of age through the age of eligibility for public school may request an independent education evaluation at the expense of:

(a) The school district if the parent disagrees with an evaluation obtained by the school district; or

(b) The contracting agency if the parent disagrees with an evaluation obtained by the contractor or subcontractor.

(2) Agencies from (1)(a) and (b) of this rule must follow the procedures in OAR 581-015-2305 when responding to a parent request for an independent education evaluation.

History

Statutory/Other Authority: ORS 343.475 & 343.531
Statutes/Other Implemented: ORS 343.475, 343.495, 343.531 & 34 CFR 300.502
Renumbered from 581-015-0962, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00

Or. Admin. R. 581-015-2770 Confidentiality of Records for Preschool Children with Disabilities

Contractors and subcontractors must follow the rules and procedures in OAR 581-015-2030 and 34 CFR 303.400 through 303.416 for confidentiality of records for preschool children with disabilities with the following exception: "School district" means contractors or subcontractors.

History

Statutory/Other Authority: ORS 343.475 & 343.485
Statutes/Other Implemented: ORS 343.485 & 34 CFR 303.400–303.417
ODE 15-2012, f. 6-8-12, cert. ef. 6-11-12
ODE 13-2012(Temp), f. 3-30-12, cert. ef. 4-2-12 thru 9-1-12
Renumbered from 581-015-1010, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2774 Referral Procedures and Early Intervention Screening

Children must be referred to the lead agency for Child Find purposes as soon as possible, but in no case more than seven days after the child has been identified.

(1) This applies to all referrals including infants and toddlers under the age of three who are the subjects of a substantiated case of child abuse or neglect, or who are identified as directly affected by illegal drug abuse or withdrawal symptoms from prenatal drug exposure.

(2) Primary referral sources may include: hospitals including prenatal facilities, physicians, parents, child care programs, tribal government, LEAs and schools, public health facilities, other public health or social service agencies, other clinics or health care providers, public agencies and staff in the child welfare system, homeless family shelters, and domestic violence shelters and agencies.

(3) Early Intervention screening procedures. Children under the age of three who have been referred to the EI/ECSE program to determine whether they are suspected of having a disability may be screened by EI/ECSE program. If the EI/ECSE program proposes to screen a child, it must:

(a) Provide the parent notice of its intent to screen the child to identify whether the child is suspected of having a disability and include in that notice a description of the parent’s right to request an evaluation at any time during the screening process.

(b) Obtain parental consent before conducting the screening procedures.

(c) If the parent consents to the screening and the screening or other available information indicates that the child is-

(A) Suspected of having a disability, after notice is provided and once parental consent is obtained, an evaluation and assessment of the child must be conducted under OAR 581-015-2775

(B) Not suspected of having a disability, the EI/ECSE program must ensure that notice of that determination is provided to the parent and that the notice describes the parent’s right to request an evaluation.

(d) If the parent of the child requests and consents to an evaluation at any time during the screening process, evaluation of the child must be conducted under OAR 581-015-2775 even if the EI/ECSE program has determined that the child is not suspected of having a disability.

(e) Definition of screening procedures:

(A) Activities under sections (3)(a), (3)(b), and (3)(c) that are carried out by, or under the supervision of the EI/ECSE program to identify, at the earliest possible age, infants and toddlers suspected of having a disability and in need of early intervention services; and

(B) Includes the administration of appropriate instruments by personnel trained to administer those instruments.

(f) Condition for evaluation or early intervention services. For every child under the age of three who is referred to the EI/ECSE program or screened in accordance with sections (3)(a), (3)(b), and (3)(c), the EI/ECSE program is not required to-

(A) Provide an evaluation of the child under OAR 581-015-2775 unless the child is suspected of having a disability or the parent requests an evaluation under section (3)(d); or

(B) Make early intervention services available under Division 15 to the child unless a determination is made that the child meets the definition of an infant or toddler with a disability under OAR 581-015-2780.

(4) Prior Written Notice for EI

(a) Prior written notice must be provided to parents a reasonable time before the Early Intervention Program proposes, or refuses, to initiate or change the identification, evaluation, or placement of their infant or toddler, or the provision of early intervention services to the infant or toddler with a disability and that infant or toddler’s family

(b) The notice must be sufficient in detail to inform the parents about-

(A) The action that is being proposed or refused;

(B) The reasons for taking the action.

(A) Written in language understandable to the general public; and

(B) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

History

Statutory/Other Authority: ORS 326.051 & 343.475
Statutes/Other Implemented: 34 CFR 303.303
ODE 20-2019, amend filed 06/25/2019, effective 06/25/2019
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

Or. Admin. R. 581-015-2775 EI Evaluation

(1) General.

(a) A public agency must conduct an evaluation or reevaluation process in accordance with this rule before determining that a child qualifies for early intervention (EI) services, changing the child's eligibility, or terminating the child's eligibility under OAR 581-015-2780.

(b) EI evaluations and reevaluations must be conducted in accordance with OAR 581-015-2790(8) and (9)(b)-(f).

(2) Request for initial evaluation. Consistent with the consent requirements in OAR 581-015-2730:

(a) A parent or public agency may initiate a request for an initial evaluation to determine if a child qualifies for EI services.

(b) A public agency must refer a child as soon as possible, but in no case more than seven days after the child has been identified.

(3) When initial evaluation must be conducted. An initial evaluation must be conducted to determine if a child is eligible for EI services when a public agency suspects or has reason to suspect that the child has a disability, developmental delay, or condition likely to result in developmental delay.

(4) Evaluation planning. Before conducting any evaluation or reevaluation, the public agency must conduct evaluation planning in accordance with OAR 581-015-2115.

(5) Notice and consent.

(a) Before conducting any evaluation or reevaluation, the public agency must provide notice to the parent in accordance with OAR 581-015-2745 that describes any evaluation procedures the agency proposes to conduct as a result of the evaluation planning process.

(b) Before conducting any evaluation or reevaluation, the public agency must obtain written consent for evaluation in accordance with OAR 581-015-2730 and 581-015-2740.

(c) If the public agency refuses an evaluation or reevaluation requested by the parent, the public agency must provide the parent with prior written notice under OAR 581-015-2745.

(d) Parents may challenge the public agency's refusal to conduct an evaluation or reevaluation under OAR 581-015-2870.

(6) EI Evaluation requirements: An EI evaluation or reevaluation must:

(a) Be conducted by a multidisciplinary team representing two or more separate disciplines or professions, including persons who are knowledgeable about the child;

(b) Assess the child's level of functioning in all the following areas: cognitive development, physical development including vision and hearing, communication development, social or emotional development, and adaptive development;

(d) Be completed in time to conduct the initial IFSP meeting within 45 calendar days from the date of referral, except when the parent has not provided consent for the initial evaluation, or the initial assessment of the child, despite documented, repeated attempts by the lead agency or EI provider to obtain parental consent.

(A) These exceptional circumstances must be documented in the child’s early intervention records and note the extenuating family circumstances or the lead agency or EI providers attempts to obtain consent;

(B) The initial evaluation, assessment, or initial IFSP meeting must be completed as soon as possible after the documented circumstances described no longer exist or consent is obtained;

(e) Include:

(A) For a child suspected of having autism spectrum disorder, deafblindness, hearing impairment, orthopedic impairment, traumatic brain injury, or visual impairment, the evaluation requirements in OAR 581-015-2130 through 581-015-2180 for the respective disability; or

(B) A diagnosis of a physical or mental condition as described under in OAR 581-015-2780(3)(b); or

(i) At least one norm-referenced, standardized test addressing the child's level of functioning in each of the following developmental areas: cognitive; physical (including vision and hearing); communication; social or emotional; and adaptive;

(ii) At least one additional procedure to confirm the child's level of functioning in each area of suspected delay listed in subsection (6)(e)(C)(i) of this rule;

(iii) At least one 20-minute observation of the child;

(iv) A review of previous testing, medical data and parent reports; and

(v) Other evaluative information as necessary to determine eligibility.

(f) All evaluations and assessments of a child must be conducted in the native language of the child, unless it is clearly not feasible to do so.

(7) Reevaluation. A public agency must conduct a reevaluation of a child receiving early intervention services in accordance with OAR 581-015-2105 if the public agency determines that the EI needs of the child warrant a reevaluation, or, subject to subsection (5), if the child's parent or EI specialist requests a reevaluation.

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475, 34 CFR 303.24 & 34 CFR 303.310
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
Renumbered from 581-015-0945, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & cert. ef. 1-24-95

Or. Admin. R. 581-015-2780 EI Eligibility

(1) Upon completing the administration of tests and other evaluation materials, the designated referral and evaluation agency must determine, through a multidisciplinary team, whether a child is eligible for EI services by following the procedures in this rule.

(2) The multidisciplinary team must include the parents, in accordance with OAR 581-015-2750, and individuals from two or more separate disciplines or professions, including persons who are knowledgeable about the child.

(3) To be eligible for EI services, the child must meet the minimum criteria for subsection (a), (b) or (c), below:

(a) Categorical:

(A) The child meets the minimum criteria for one of the following disability categories in OAR 581-015-2130 through 581-015-2180: autism spectrum disorder, deafblindness, hearing impairment, orthopedic impairment, traumatic brain injury or visual impairment.

(B) If the child meets the disability criteria for a categorical eligibility in subsection (A), the child's disability does not need to be presently adversely affecting the child's development for the child to be eligible for EI services.

(b) Medical: The child has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, as documented by one of the following with the appropriate State Board licensure: a physician, a physician associate, or a nurse practitioner.

(c) Developmental delay: The child experiences a developmental delay and as a result needs EI services. Developmental delay means two standard deviations or more below the mean in one or more of the following developmental areas, or 1.5 standard deviations below the mean in two or more of the developmental areas:

(A) Cognitive development;

(B) Physical development;

(D) Social or emotional development;

(E) Adaptive development.

(4) The multidisciplinary team must prepare an evaluation report and a written statement of eligibility.

(a) The evaluation report(s) must describe and explain the results of the evaluation conducted.

(b) The written statement of eligibility must include:

(A) A list of the evaluation data considered in determining the child's eligibility;

(B) A determination of whether the child meets the minimum criteria for EI as described in (3) of this part; and

(5) For a child who may have disabilities in more than one category, the team need only qualify the child for EI services under one disability category, however:

(a) The child must be evaluated in all areas of development and areas of suspected disability; and

(b) The child's IFSP must address all of the child's early intervention needs.

(6) The multidisciplinary team must give the parents a copy of the eligibility statement and evaluation report.

(7) The contractor or subcontractor must notify the child's resident district upon determination of eligibility for EI services.

(8) A child found eligible under this rule is eligible for regional services if the child meets the criteria under OAR 581-015-2550 for vision impairment, hearing impairment, autism spectrum disorder, severe orthopedic impairment or traumatic brain injury.

History

Statutory/Other Authority: ORS 343.513
Statutes/Other Implemented: ORS 343.513 & 34 CFR 303.24
ODE 12-2025, minor correction filed 03/13/2025, effective 03/13/2025
ODE 20-2012, f. & cert. ef. 8-1-12
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
Renumbered from 581-015-0946, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 24-2000, f. & cert. ef. 10-16-00
EB 27-1995, f. & cert. ef. 12-11-95
EB 4-1995, f. & cert. ef. 1-24-95

Or. Admin. R. 581-015-2785 Provision of EI Services Before an Evaluation and Assessment Are Completed

Early intervention services for an eligible child and the child's family may begin before the completion of the evaluation and assessment process described in OAR 581-015-2775 if the following conditions are met:

(1) Parental consent for evaluation and services is obtained;

(2) An interim IFSP is developed that includes:

(a) The name of the service coordinator who will be responsible for implementation of the interim IFSP and coordination with other agencies and persons; and

(b) The EI services that have been determined to be needed immediately by the child and the child's family; and

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475
Renumbered from 581-015-0949, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & cert. ef. 1-24-95

Or. Admin. R. 581-015-2786 Dispute Resolution Within and Between Public Agencies — Early Intervention (EI) Services

(1) Each public agency involved in providing early intervention services may use its own internal dispute resolution procedures to resolve, in a timely manner, internal disagreements about payments for a particular service or other matters related to providing early intervention services.

(2) A public agency’s internal dispute resolution procedures may not result in delaying the provision of early intervention services.

(3) Public agencies may not delay or deny the timely provision of early intervention services during the pendency of dispute resolution between public agencies regarding financial responsibilities.

History

Statutory/Other Authority: ORS 343.475 & 343.511
Statutes/Other Implemented: ORS 343.475, 343.495, 343.511, 34 CFR 303.120, 303.511, 303.520 & 303.521
ODE 30-2012, f. 11-7-12, cert. ef. 11-9-12

Or. Admin. R. 581-015-2790 ECSE Evaluation

(1) General. A public agency must conduct an evaluation or reevaluation process in accordance with this rule before:

(a) Determining that a child is a child with a disability under OAR 581-015-2795; or

(b) Determining that a child continues to have a disability under OAR 581-015-2795; or

(d) Terminating the child's eligibility as a child with a disability.

(2) Request for initial evaluation. Consistent with the consent requirements in OAR 581-015-2735, a parent or public agency may initiate a request for an initial evaluation to determine if a child qualifies for ECSE services.

(3) When initial evaluation must be conducted.

(a) An initial evaluation must be conducted to determine if a child is eligible for ECSE services when a public agency suspects or has reason to suspect that:

(A) The child has a disability that has an adverse impact on the child's education or development; and

(B) The child may need ECSE services as a result of the disability.

(b) The public agency must designate a team to determine whether an initial evaluation will be conducted.

(A) The team must include the parent and at least two professionals, at least one of whom is a specialist knowledgeable and experienced in the evaluation and education of children with disabilities.

(B) The team may make this decision without a meeting. If a meeting is held, parents must be invited to participate in accordance with OAR 581-015-2750.

(4) Evaluation planning. Before conducting any evaluation or reevaluation, the public agency must conduct evaluation planning in accordance with OAR 581-015-2115.

(5) Notice and consent.

(b) Before conducting any evaluation or reevaluation, the public agency must obtain written consent for evaluation in accordance with OAR 581-015-2735 and 581-015-2740.

(c) If the public agency refuses an evaluation or reevaluation requested by the parent, the public agency must provide the parent with prior written notice under OAR 581-015-2745.

(d) Parents may challenge the public agency's refusal to conduct an evaluation or reevaluation under OAR 581-015-2870.

(6) ECSE evaluation requirements: For a child suspected of being eligible for ECSE services, the following evaluation must be conducted:

(a) For a child suspected of having any of the following disabilities, an evaluation in all areas of the suspected disability following OAR 581-015-2130 through 581-015-2180, respectively:

(A) Autism spectrum disorder;

(B) Communication disorder;

(D) Emotional disturbance;

(E) Hearing impairment;

(F) Intellectual Disability;

(G) Orthopedic impairment;

(H) Other health impaired;

(I) Specific learning disability;

(J) Traumatic brain injury;

(K) Visual impairment; or

(b) For a child suspected of having a developmental delay, an evaluation that includes:

(A) Developmental History as defined in OAR 581-015-2000(8 );

(B) At least one norm referenced, standardized test in each area of suspected delay;

(D) At least one 20-minute observation of the child;

(E) Review of previous testing, medical data, and parent reports; and

(F) Other evaluative information as necessary to determine eligibility.

(7) Reevaluation.

(a) Public agencies must ensure that a reevaluation of each child with a disability is conducted in accordance with OAR 581-015-2115, subject to subsection (5) and (7)(b) in this rule:

(A) If the public agency determines that the ECSE needs of the child warrant a reevaluation; or

(B) If the child's parent or ECSE specialist requests a reevaluation.

(b) A reevaluation for each child with a disability:

(A) May occur not more than once a year, unless the parent and public agency agree otherwise; and

(B) Must occur at least every three years, unless the parent and public agency agree that a reevaluation is unnecessary.

(8) Conduct of evaluation. In conducting the evaluation, the public agency must:

(A) Whether the child is eligible for EI/ECSE services; and

(B) The content of the child's IFSP, including information related to enabling the child to be involved in and progress in appropriate activities;

(c) Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

(9) Other evaluation procedures. Each public agency must ensure that:

(a) The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities;

(b) Assessments and other evaluation materials used to assess a child under this part:

(A) Are selected and administered so as not to be discriminatory on a racial or cultural basis;

(B) Are provided and administered in the child's native language or other mode of communication as determined developmentally appropriate for the child by qualified personnel conducting the evaluation or assessment, and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so;

(D) Are administered by trained and knowledgeable personnel; and

(E) Are administered in accordance with any instructions provided by the producer of the assessments.

(c) Assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.

(d) Assessments are selected and administered so as best to ensure that if an assessment is administered to a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child's impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).

(e) The evaluation is sufficiently comprehensive to identify all of the child's EI/ECSE and related services needs, whether or not commonly linked to the disability category in which the child has been classified; and

(f) The evaluation includes assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child.

(10) Evaluation timelines:

(a) Initial. An initial evaluation must be completed within 60 school days from written parent consent to the date of the meeting to consider eligibility.

(b) Reevaluation. A reevaluation must be completed within 60 school days from written parent consent (or from the date the evaluation is initiated under OAR 581-015-2740(3)) to the date of the meeting to consider eligibility, continuing eligibility or the student's educational needs.

(c) Exceptions. An evaluation may be completed in more than 60 school days under the following circumstances documented in the child's educational record:

(A) The parents of a child repeatedly fail or refuse to produce the child for an evaluation, or for other circumstances outside the school district's control;

(B) The student is a transfer student in the process of reevaluation and the public agency and the parents agree to a different length of time to complete the evaluation in accordance with subsection (d); or

(C) The public agency and parent agree to extend the timeline for an evaluation to determine eligibility for specific learning disabilities in accordance with OAR 581-015-2170.

(d) Transfer students.

(A) When a child with disabilities transfers from one EI/ECSE program to another EI/ECSE program in the same school year, the previous and current EI/ECSE programs must coordinate any pending assessments as necessary and as expeditiously as possible to ensure prompt completion of the evaluation.

(B) The exception under subsection (10)(c) only applies if the current EI/ECSE program is making sufficient progress to ensure a prompt completion of the evaluation and the parent and current EI/ECSE program agree to a specific time for completion of the evaluation.

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475, 34 CFR 303.25 & 34 CFR 303.321(a)(5)
ODE 14-2019, amend filed 05/17/2019, effective 05/17/2019
ODE 10-2019, temporary amend filed 03/25/2019, effective 03/25/2019 through 05/16/2019
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
Renumbered from 581-015-0941, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & cert. ef. 1-24-95

Or. Admin. R. 581-015-2795 ECSE Eligibility

(1) Upon completing the administration of tests and other evaluation materials, the designated referral and evaluation agency must determine, through a team, whether a child is eligible for ECSE services by following the procedures in this rule.

(2) The team must include the parents, in accordance with OAR 581-015-2750, and two or more professionals, at least one of whom is knowledgeable and experienced in the evaluation and education of children with the suspected disability. The team may be the child's IFSP team.

(3) In determining eligibility for a child suspected of having a specific learning disability, the team must also include:

(a) The child's preschool teacher or, if the child does not have a preschool teacher, a preschool teacher qualified to teach a child of his or her age; and

(b) A person qualified to conduct individual diagnostic examinations of children, such as a psychologist, speech-language pathologist, or other qualified personnel.

(4) To be eligible for ECSE services, the child must meet the following minimum criteria:

(a) Categorical. The child meets the minimum criteria for one of the disability categories in OAR 581-015-2130 through 581-015-2180; or

(b) Developmental delay.

(A) The child has a developmental delay of 1.5 standard deviations or more below the mean in two or more of the developmental areas listed under OAR 581-015-2780(3)(c);

(B) The child's disability has an adverse impact on the child's developmental progress; and

(5) The team must prepare an evaluation report and a written statement of eligibility.

(a) The evaluation report(s) must describe and explain the results of the evaluation conducted.

(b) The written statement of eligibility must include:

(A) A list of the evaluation data considered in determining the child's eligibility;

(B) A determination of whether the child meets the minimum criteria for ECSE as described in (4) of this part;

(A) Lack of instruction in reading or math; or

(B) Limited English proficiency.

(d) A determination of whether the child's disability has an adverse impact on the child's developmental progress;

(e) A determination of whether, as a result of the disability the child needs ECSE services; and

(f) The signature of each member of the team indicating agreement or disagreement with the eligibility determination.

(6) When determining eligibility for a child suspected of having a specific learning disability, the team must prepare a written report following the procedures in OAR 581-015-2170.

(7) The team may not determine that a child is eligible for ECSE services if:

(a) The determinant factor for that eligibility determination is:

(A) Lack of appropriate instruction in reading (including the essential components of reading) or math; or

(B) Limited English proficiency; and

(b) The child does not otherwise meet the eligibility criteria under this rule.

(8) For a child who may have disabilities in more than one category, the team need only qualify the child for ECSE services under one disability category, however;

(a) The child shall be evaluated in all areas of suspected disability; and

(b) The child's IFSP shall address all of the child's special education needs.

(9) The team must give the parents a copy of the eligibility statement and evaluation report.

(10) The contractor or subcontractor must notify the child's resident school district upon determination of eligibility for ECSE services.

History

Statutory/Other Authority: ORS 343.513
Statutes/Other Implemented: ORS 343.513
Renumbered from 581-015-0943, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00
EB 27-1995, f. & cert. ef. 12-11-95
EB 4-1995, f. & cert. ef. 1-24-95

Or. Admin. R. 581-015-2800 Termination of Eligibility — EI/ECSE

(1) A school district must evaluate a child with a disability in accordance with OAR 581-015-2775 and 2790 before determining that the child is no longer a child with a disability.

(2) The contractor or subcontractor must provide written notice under OAR 581-015-2745 when a team determines that a child is no longer eligible for EI or ECSE services.

History

Statutory/Other Authority: ORS 343.475 & 343.513
Statutes/Other Implemented: ORS 343.475 & 343.513
Renumbered from 581-015-0955, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00

Or. Admin. R. 581-015-2805 EI and ECSE Transition

(1) The lead agency will describe in a written document how it will meet the transition requirements set forth in 34 CFR 303.29.

(2) Transition from EI to ECSE or other services:

(a) Before a child reaches the age of eligibility for ECSE, the school district must obtain parental consent for initial evaluation under OAR 581-015-2735 and conduct an initial evaluation under OAR 581-015-2790.

(b) With the approval of the child's family and in accordance with OAR 581-015-2810, a transition meeting to establish a transition plan must be held at least 90 calendar days, and at the discretion of the parties, up to nine months before the child's third birthday and must include:

(A) Discussions with and training of parents regarding future services, placements and other matters related to the child's transition;

(B) Procedures to prepare the child for changes in service delivery, including steps to help the child adjust to and function in a new setting or, if appropriate, steps to exit from the program;

(C) A review of the child's program options for the period from the child's third birthday through the remainder of the school year; and

(D) With parental consent, the transmission of information about the child to the ECSE subcontractor or other service provider, if different than the child's EI subcontractor including;

(i) Evaluation and assessment information; and

(ii) Copies of IFSPs that have been developed and implemented.

(c) For children eligible for ECSE services under OAR 581-015-2795, contractors or subcontractors must initiate and conduct an IFSP meeting on or before the child's third birthday to:

(A) Review and revise the IFSP;

(B) Determine placement; and

(C) Obtain parent consent for initial placement in special education. This is the initial consent for placement in special education for school-age students.

(3) Transition from ECSE to School-age Special Education Services:

(a) For children previously eligible in a disability category under OAR 581-015-2126 through 581-015-2180, before a child reaches the age of eligibility for public school, the district must continue the child's eligibility for school age special education services. The school district may conduct a reevaluation and reconsider eligibility for special education services.

(b) The school district and contractor or subcontractor must hold a meeting during the year before the child is eligible to enter public school:

(A) To determine steps to support the child's transition from ECSE to public schooling or other educational setting; and

(B) For a child eligible for school age special education services, to develop an IEP that is in effect at the beginning of the school year.

History

Statutory/Other Authority: ORS 343.473 & 343.521
Statutes/Other Implemented: ORS 343.521, 34 CFR 300.124 & 34 CFR 303.209
ODE 14-2019, amend filed 05/17/2019, effective 05/17/2019
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
ODE 10-2019, temporary amend filed 03/25/2019, effective 03/25/2019 through 05/16/2019
Renumbered from 581-015-0960, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 1-2004, f. & cert. ef. 1-15-04
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & cert.ef. 1-24-95
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2810 IFSP Meeting Procedures and Timelines

(1) Contractors or subcontractors must conduct a meeting to develop an initial IFSP within:

(a) Forty-five calendar days from the date the child is referred to and determined eligible for EI services; and

(b) Thirty calendar days from the date the child is determined eligible for ECSE services.

(2) Contractors or subcontractors must initiate and conduct a meeting to review and revise the IFSP every 365 days to:

(a) Determine whether the annual goals for the child are being achieved; and

(b) Revise the IFSP as appropriate to address:

(A) Any lack of expected progress toward the annual goals and appropriate activities;

(B) The results of any reevaluation;

(D) The child's anticipated needs; or

(E) Other matters.

(3) For a child under age three:

(a) Contractors or subcontractors must initiate and conduct a review of the IFSP, with the participation of the child's parents consistent with OAR 581-015-2750 and 581-015-2755, every six months or more frequently if conditions warrant or if the family requests such a review.

(b) The purpose of this review is to determine:

(A) The degree to which progress on major outcomes or annual goals is being made; and

(B) Whether revision of major outcomes or goals or services is needed.

(c) This review may be carried out by a meeting or by another means that is acceptable to the parents and other participants. However, if IFSP revisions are necessary, an IFSP meeting must be conducted.

(4) Contractors or subcontractors must initiate and conduct, with the approval of the child's family, an IFSP meeting to plan the child's transition to ECSE services or other preschool services at least 90 calendar days, and at the discretion of the parties, up to nine months, before the child's third birthday and the lead agency or its contractors must notify the LEA and SEA for the area in which the toddler resides that the toddler on his third birthday will reach the age of eligibility for services under Part B of the Act as determined in accordance with State law.

(5) For children eligible for ECSE services under OAR 581-015-2795, contractors or subcontractors must initiate and conduct an IFSP meeting on or before the child's third birthday in accordance with OAR 581-015-2805.

(6) Contractors or subcontractors must conduct an IFSP meeting if they believe that a change in the IFSP may be necessary to ensure the provision of appropriate EI services for a child under age three or a free appropriate public education to a child over age three.

(7) A parent may request a meeting at any time to review or revise the IFSP.

(8) In response to a parent request for IFSP meeting, the contractor or subcontractor must hold an IFSP meeting within a reasonable time.

History

Statutory/Other Authority: ORS 343.475 & 343.521
Statutes/Other Implemented: ORS 343.475, 343.521 & 34 CFR 300.101
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
Renumbered from 581-015-0968, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 1-2004, f. & cert. ef. 1-15-04
ODE 15-2003, f. & cert. ef. 8-14-03
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00

Or. Admin. R. 581-015-2815 IFSP Content

(1) Contractors or subcontractors must use IFSP forms and directions published by the Oregon Department of Education.

(2) Oregon Department of Education IFSP forms combine the content requirements for IEPs under Part B of IDEA, IFSPs under Part C of IDEA, and IFSPs under ORS 343.521.

(3) Each individualized family service plan must contain:

(a) A statement of the child's present level of development, including how the child's disability affects the child's participation in appropriate activities for the child's age. For a child under age three, the statement must include present levels of physical development including vision, hearing and health status, cognitive development, communication development, social development and adaptive development. The statement must be based on information from assessments using professionally acceptable objective criteria.

(b) A statement of major outcomes or annual goals and short-term objectives expected to be achieved for the child and family related to:

(A) Meeting the child's needs that result from the child's disability to enable the child to participate in appropriate activities;

(B) Meeting each of the child's other developmental needs that result from the child's disability.

(c) For a child under age three, a statement of the specific early intervention services, based on scientifically based research to the extent practicable, to be provided for the child and to the family to advance toward attaining the major outcomes or annual goals (including pre-literacy, language, and numeracy skills, as developmentally appropriate for the child).

(d) For a child age three and older, the IFSP contains IEP content including, a statement of ECSE and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for personnel that will be provided for the child:

(A) To advance appropriately toward attaining the annual goals;

(B) To participate in appropriate activities and to participate in extracurricular and other nonacademic activities; and

(e) For a child under age three, with concurrence of the family, a statement of the family's resources, priorities, concerns and goals related to enhancing the development of the child, based on information obtained through an assessment tool and also through an interview with those family members who elect to participate in the assessment.

(f) The projected dates for initiation of services and modifications and the anticipated frequency, location, intensity, method and duration of the services as defined in OAR 581-015-2700 and modifications described in subsection (3)(d) of this rule and the payment arrangements, if any.

(g) The name of the service coordinator from the profession, including service coordination, most immediately relevant to the child's or family's needs (or who is otherwise qualified to carry out all applicable EI/ECSE responsibilities) responsible for coordinating the involvement of the family and agencies in implementing early intervention and other services, including transition services. The contractor or subcontractor may:

(A) Assign the same service coordinator who was appointed at the time that the child was initially referred for evaluation; or

(B) Appoint a new service coordinator.

(h) For a child under age three:

(A) To the maximum extent appropriate, the natural environments in which early intervention services will be provided; and

(B) A justification of the extent, if any, to which services will not be provided in a natural environment.

(i) For a child age three and older, an explanation of the extent, if any, to which the child will not participate with children without disabilities in the regular class and activities described in subsection (3)(d) of this rule.

(j) A statement of:

(A) How the progress toward major outcomes or annual goals will be measured, including the criteria, procedures and timelines used to determine:

(i) The degree to which progress toward achieving the outcomes or goals is being made; and

(ii) Whether revisions of the outcomes or goals or services are necessary.

(B) For a child age three and older, how the child's parents will be regularly informed of:

(i) Their child's progress toward major outcomes or annual goals; and

(ii) The extent to which that progress is sufficient to enable the child to achieve the outcomes or goals by the annual IFSP review date.

(k) The steps to be taken and services provided to support the transition of the child from early intervention services to early childhood special education or other appropriate services, in accordance with OAR 581-015-2805, 581-015-2750, and 581-015-2810.

(l) The steps to be taken to support the transition of the child from early childhood special education to public schooling or other education setting, in accordance with OAR 581-015-2805, 581-015-2750, and 581-015-2810.

(m) A statement of other services, such as medical services, that the child may need but are not early intervention or early childhood special education services including the funding sources used in paying for those services or the steps to be taken to secure those services through public or private sources. This provision does not apply to routine medical services (e.g., immunizations, and "well-baby" care) unless a child needs those services and the services are not otherwise available or being provided.

History

Statutory/Other Authority: ORS 343.475 & 343.521
Statutes/Other Implemented: ORS 343.521
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08
Renumbered from 581-015-0970, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 1-2004, f. & cert. ef. 1-15-04
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & cert. ef. 1-24-95
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2820 IFSP Team Consideration and Special Factors

(1) In developing, reviewing and revising the child's IFSP, the IFSP team must consider:

(a) The strengths of the child and the concerns of the parents for enhancing the development of their child; and

(b) The results of the initial or most recent evaluation of the child; and

(2) For children age three and older, in developing, reviewing and revising the child's IFSP the IFSP team must consider the following special factors:

(a) The communication needs of the child; and

(b) Whether the child requires assistive technology devices and services.

(3) For children age three and older, in developing, reviewing and revising the IFSP of children described below, the IFSP team must consider the following additional special factors:

(a) For a child whose behavior impedes his or her development or that of others, consider strategies, positive behavioral interventions and supports to address that behavior;

(b) For a child or family with limited English proficiency, consider the language needs of the child and the family as those needs relate to the child's IFSP;

(c) For a child who is blind or visually impaired, instruct the child in pre-literacy or readiness activities related to the use of Braille unless the IFSP determines, after an evaluation of the child, that this instruction is not appropriate for the child;

(d) For a child who is deaf or hard of hearing, consider the child's language and communication needs, including developmental level, full range of needs, and opportunities for direct instruction and direct communications with peers and professional personnel in the child's language and communication mode.

(4) If, in considering these special factors, the IFSP team determines that a child needs a particular device or service (including intervention, accommodation or other program modification) for the child to receive free appropriate public education, the IFSP team must include a statement to that effect in the child's IFSP.

(5) Nothing in OAR 581-015-2815 or this rule may be construed to require the IFSP team to include information under one component of a child's IFSP that is already contained under another component of the child's IFSP.

History

Statutory/Other Authority: ORS 343.475 & 343.521
Statutes/Other Implemented: ORS 343.475 & 343.521
Renumbered from 581-015-0972, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 1-2004, f. & cert. ef. 1-15-04
ODE 2-2003, f. & cert. ef. 3-10-03

Or. Admin. R. 581-015-2825 Participants for IFSP Team Meetings and Reviews

(1) Each initial and annual IFSP meeting must include the following participants:

(a) The child's parent or parents;

(b) The child's EI or ECSE specialist and, as appropriate, persons who will be providing services to the child or family; for EI, this must include two or more individuals from separate disciplines or professions, and one of these individuals must be the service coordinator.

(A) Qualified to provide or supervise the provision of EI or ECSE services to meet the unique needs of children with disabilities;

(B) Knowledgeable of typical child development and appropriate activities for infants and young children; and

(d) For a child eligible for EI services, the service coordinator who is responsible for implementation of the IFSP and may be the child's EI specialist;

(e) For a child who is eligible for ECSE services, the child's preschool teacher if the child is or may be participating in a regular preschool;

(f) Family members and/or advocates as requested by the parents;

(g) Other individuals, including related services personnel as appropriate, invited by the parent, primary contractor, or subcontractor who have knowledge or special expertise regarding the child;

(h) An individual, who may be another member of the team who:

(A) Was involved in conducting the evaluation of the child;

(B) Is knowledgeable about the child's disability; and

(i) A representative of the school district in which the child resides during the year before the child enters school.

(2) The regular preschool teacher must participate, to the extent appropriate, in the development, review and revision of the child's IFSP, including assisting in the determination of:

(a) Necessary modifications to appropriate preschool activities in the classroom and participation in the preschool environment;

(b) Supplementary aids and services, program modifications or supports for preschool personnel that will be provided for the child; and

(3) For a child birth to three the IFSP team must be multidisciplinary as defined in OAR 581-015-2700.

(4) IFSP team attendance for children age 3 and older:

(a) A member of the IFSP team described in subsection (1)(b) through (1)(e) is not required to attend an IFSP meeting, in whole or in part, if the parent of a child with a disability and the contractor or subcontractor agree in writing that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed at the meeting.

(b) A member of the IFSP team described in subsection (1)(b) through (1)(e) may be excused from attending an IFSP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of curriculum or related services, if:

(A) The parent and contractor or subcontractor consent in writing to the excusal; and

(B) The member submits, in writing to the parent and the IFSP team, input into the development of the IFSP before the meeting.

(5) Each review must include the participants in subsections (1)(a), (b), (d) and (2), and if feasible to do so (1) (f) of this rule. When the review indicates any changes in the IFSP, then the individualized meeting must follow all IFSP procedural requirements.

(6) For the purposes of subsection (1)(h), if such an individual is unable to attend the meeting, arrangements must be made for the person's involvement through other means, including:

(a) Participating in a telephone conference call;

(b) Having a knowledgeable authorized representative attend the meeting; or

History

Statutory/Other Authority: ORS 343.475 & 343.521
Statutes/Other Implemented: ORS 343.475, 343.521 & 300 CFR 303.24
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
Renumbered from 581-015-0980, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 1-2004, f. & cert. ef. 1-15-04
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & cert. ef. 1-24-95
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2830 Implementation of the IFSP

(1) An IFSP must:

(a) Be written before EI services or ECSE and related services are provided to the child;

(b) Begin as soon as possible following the meeting; and

(d) Be in effect by the child's third birthday and at the beginning of the school year for children receiving ECSE services.

(2) If a child's third birthday occurs during the summer, the child's IFSP team must determine when services begin under the IFSP.

(3) Contractors and subcontractors must:

(a) Ensure that the IFSP is available as soon as possible and at no cost to the parents. They must also ensure copies of the IFSP are available to each regular preschool teacher, EI/ECSE specialist, related service provider and other service provider who is responsible for its implementation; and

(b) Inform each teacher and provider described in (2)(a) of his or her specific responsibilities for implementing the child's IFSP and the specific accommodations, modifications and supports that must be provided for on behalf of the child in accordance with the IFSP.

(4) Contractors or subcontractors must provide EI or ECSE and related services to a child with a disability in accordance with an IFSP.

(5) Nothing in this rule limits a parent's right to ask for revisions of their child's IFSP or to invoke due process procedures.

History

Statutory/Other Authority: ORS 343.475 & 343.521
Statutes/Other Implemented: ORS 343.475, 343.521, 34 CFR 300.101 & 34 CFR 303.409
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
Renumbered from 581-015-0990, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 1-2004, f. & cert. ef. 1-15-04
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & cert. ef. 1-24-95
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2835 Natural Environments in EI

Contractors or subcontractors must ensure that:

(1) To the maximum extent appropriate to the needs of the child and family, EI services are provided in natural environments, including the home and community settings in which children without disabilities participate; and

(2) The determination of the appropriate setting for providing EI services to an infant or toddler with a disability, including any justification for not providing a particular EI service in the natural environment is:

(a) Made by the IFSP Team (which includes the parent and other team members);

(b) Consistent with the provisions of OAR-581-2700and 581-015-2815(3)(h);

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475, 343.495 & 34 CFR 303.344
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
Renumbered from 581-015-0995, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00

Or. Admin. R. 581-015-2840 Service Coordination

(1) For a child under age three, the contractor or subcontractor must:

(a) Provide active ongoing service coordination as an EI service; and

(b) Appoint a service coordinator as soon as possible when a referral is received.

(2) For a child age three and older, contractors and subcontractors may provide service coordination as an ECSE service.

(3) The service coordinator must:

(a) Coordinate all services across agency lines by serving as a single point of contact in helping parents obtain the services and assistance they need;

(b) Assist and enable parents of eligible children in gaining access to required EI services and other services identified in the IFSP;

(c) Facilitate the timely delivery of available services and conduct follow- up activities to determine that appropriate services are provided;

(d) Continuously seek the appropriate services in situations necessary to benefit the development of each child being served for the duration of the child's eligibility;

(e) Coordinate the performance of evaluation and assessments;

(f) Facilitate and participate in the development, review, and evaluation of IFSPs;

(g) Assist families in identifying available service providers;

(h) Coordinate and monitor the delivery of available services and other services that are identified in the IFSP to the child or family, including making appointments and referrals to providers for needed services;

(i) Inform families of their rights, their procedural safeguards, and the availability of advocacy services;

(j) Coordinate with medical and health providers;

(k) Facilitate the development of a transition plan to preschool, ECSE services, or other early childhood service, if appropriate; and

(l) Coordinate the funding sources for services required under this part.

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475, 343.523 & 34 CFR 303.34
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
Renumbered from 581-015-1120, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & cert. ef. 1-24-95

Or. Admin. R. 581-015-2845 Placement and Least Restrictive Environment in ECSE

(1) Contractors or subcontractors must ensure that:

(a) The placement of a child with a disability is determined by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and

(b) To the maximum extent appropriate to the needs of the child, ECSE services are provided in the least restrictive environment as defined in OAR 581-015-2240, including home and community settings in which children without disabilities participate.

(2) Each child's placement must be:

(a) Determined at least every 365 days;

(b) Based on the IFSP; and

(3) Unless the IFSP of a child with a disability requires some other arrangement, the child must be educated in the public school or public program, if any, that he or she would attend if not disabled.

(4) The contractor must ensure that a continuum of alternative placements is available to meet the needs of preschool children with disabilities for special education and related services.

(a) The continuum must include placements in the home, hospitals, institutions, special schools, classrooms, and community childcare or preschool settings.

(b) The continuum must provide for supplementary services to be provided in conjunction with regular preschool placement.

(5) In determining the least restrictive environment, the team must consider the continuum of alternative placements and the following:

(a) Modifications needed to implement the child's IFSP;

(b) The level of support needed by the child;

(d) A child with a disability must not be removed from education in age appropriate classrooms or settings solely because of needed modifications.

(6) The team must ensure that, to the maximum extent appropriate to the needs of that child, ECSE services are provided in settings in which children without disabilities participate, including nonacademic services and activities.

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475
Renumbered from 581-015-1000, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & cert. ef. 1-24-95
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2850 Free Appropriate Public Education (FAPE) for ECSE

(1) Contractors and subcontractors must provide ECSE and related services to all resident children from three years of age until the age of eligibility for public school.

(2) The requirements of this rule also apply to children with disabilities who have been suspended or expelled from preschool in accordance with OAR 581-015-2410 through 581-015-2440.

(3) For purposes of this rule, a preschool child with a disability is considered resident of the service area where the child is currently living, including children living in public or private residential programs, hospitals, and similar facilities. ORS 343.475(3)

(4) For purposes of this rule, "school district" means contractors or subcontractors.

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475
Renumbered from 581-015-1002, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00

Or. Admin. R. 581-015-2855 Extended Year Services for ECSE

(1) Contractors and subcontractors must ensure that extended year services are available as necessary to provide a free appropriate public education to children eligible for ECSE services.

(2) Extended year services must be provided only if the child's IFSP team determines, on an individual basis, in accordance with OAR 581-015-2755 and 581-015-2810 through 581-015-2830, that services are necessary for the provision of free appropriate public education to the child.

(3) A contractor or subcontractor may not:

(a) Limit extended year services to particular categories of disability; or

(b) Unilaterally limit the type, amount, or duration of those services.

(4) The purpose of extended year services is the maintenance of the child's learning skills or behavior, not the teaching of new skills or behavior.

(5) Contractors or subcontractors must develop criteria for determining the need for extended year services. The criteria must include:

(a) Regression and recoupment time based on documented evidence; or

(b) If no documented evidence, on predictions according to the professional judgment of the team.

(6) For the purposes of section (5) of this rule:

(a) "Regression" means significant loss of skills or behaviors in any area specified on the IFSP as a result of an interruption in ECSE services; and

(b) "Recoupment" means the recovery of skills or behaviors specified on the IFSP to a level demonstrated before the interruption of education services.

(7) For the purposes of this rule, "extended year services" means ECSE services and related services that:

(a) Are provided to a child with a disability;

(A) Beyond the normal service year of the contractor or subcontractor;

(B) In accordance with the child's IFSP; and

(b) Meet the standards of the Department.

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475
Renumbered from 581-015-1003, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00

Or. Admin. R. 581-015-2860 Assistive Technology for ECSE

(1) Contractors or subcontractors must follow the rules and procedures in OAR 581-015-2055 to ensure that assistive technology devices or assistive technology services, or both, are available to preschool children with a disabilities age three through the age of eligibility for public school, if required as a part of the child's special education, related services or supplementary aids and services.

(2) For the purposes of this rule, "school district" means contractors or subcontractors.

(3) For the purposes of this rule, "IEP" means IFSP.

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475
Renumbered from 581-015-1005, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00

Or. Admin. R. 581-015-2863 Procedures for EI/ECSE Complaints

OAR 581-015-2030 applies for EI and ECSE programs.

History

Statutory/Other Authority: ORS 343.041
Statutes/Other Implemented: ORS 343.041, 34 CFR 300.151-153 & 34 CFR 300.504(a)(2)
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12

Or. Admin. R. 581-015-2865 Mediation

(1) The Department offers mediation, in accordance with OAR 581-015-2335, at no cost to the parties to resolve disputes involving any EI/ECSE matter, including matters arising before the filing of a complaint or hearing request. For EI families, such matters may include a public agency’s choices regarding insurance related decisions or fees, such as: copayments or deductibles, incurred as part of a child’s early intervention services.

(2) For the purposes of OAR 581-015-2335, "school district" means contractors and subcontractors for disputes involving any EI/ECSE matter.

History

Statutory/Other Authority: ORS 343.475 & 343.531
Statutes/Other Implemented: ORS 343.475, 343.531, 34 CFR 303.431 & 303.521(e)
ODE 30-2012, f. 11-7-12, cert. ef. 11-9-12
Renumbered from 581-015-1020, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00
EB 4-1995, f. & cert. ef. 1-24-95
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2870 Due Process Hearings

OARs 581-015-2340 through 581-015-2385 apply for EI and ECSE programs with the following exceptions:

(1) "School District" means contractors and subcontractors;

(2) Parents may not seek reimbursement or attorney fees under ORS 343.175 for EI hearings;

(3) The Department must submit a copy of the hearing decision to the State Advisory Council for Special Education and the State Interagency Coordinating Council; and

(4) EI parents may use the State Due Process system established in OAR 581-015-2340 through 581-015-2385 to contest the imposition of fees, or a public agency’s decisions about a parent’s ability to pay costs, such as co-payments or deductibles, incurred as a part of a child’s early intervention services.

History

Statutory/Other Authority: ORS 343.475 & 343.531
Statutes/Other Implemented: ORS 343.475, 343.531 & 34 CFR 303.521(e)
ODE 30-2012, f. 11-7-12, cert. ef. 11-9-12
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
Renumbered from 581-015-1030, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00
EB 10-1996, f. & cert. ef. 6-26-96
EB 4-1995, f. & cert. ef. 1-24-95
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2875 Discipline of Children with Disabilities for ECSE

Contractors or subcontractors must follow the rules and procedures in OAR 581-015-2400 through 581-015-2445 for discipline of children with disabilities age three through the age of eligibility for public school with the following definition exceptions:

(1) "General curriculum" means appropriate activities engaged in by typical children of the same age;

(2) "IEP" means IFSP; and

(3) "Day" means calendar days excluding weekends, holidays, and ECSE program vacation days.

(4) "School district" means contractors or subcontractors.

History

Statutory/Other Authority: ORS 343.475 & 343.531
Statutes/Other Implemented: ORS 343.475 & 343.531
Renumbered from 581-015-1008, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 8-2001, f. & cert. ef. 1-29-01
ODE 24-2000, f. & cert. ef. 10-16-00

Or. Admin. R. 581-015-2880 Private Placement — ECSE

Contractors or subcontractors must follow the rules and procedures in OAR 581-015-2450 through 581-015-2515 for ECSE children placed by their parents in private schools.

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475 & 343.495
Renumbered from 581-015-1125, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00

Or. Admin. R. 581-015-2890 Preschool Children with Disabilities Covered by Private Insurance

(1) With regard to services required to provide FAPE to a preschool child or EI services to a child under the age of three, a contractor or subcontractor may access a parent's private insurance proceeds only if the parent provides informed consent consistent with this rule and applicable federal requirements related to confidentiality of personally identifiable information.

(2) For a child under the age of three, when the contractor or subcontractor proposes to access the parent's private insurance to pay for the initial provision of early intervention services, it must:

(a) Obtain parent consent in accordance with this rule; and whenever personally identifiable information is released due to an increase in frequency, length, duration, or intensity in the provision of services on the child’s IFSP.

(b) Inform the parents of any of the State’s payment policies and identify potential costs that the parent may incur when their private insurance is used to pay for services.

(A) Count towards or result in a loss of benefits due to the annual or lifetime insurance coverage caps, to the parent, or the child’s family members who are covered by the policy;

(B) Negatively affect the availability of insurance to the child, the parent, or the child’s family members who are covered under the insurance policy, and insurance coverage may not be discontinued for these individuals due to the use of the insurance to pay for services; or

(C) Be the basis for increasing insurance premiums of the child, the parent, or the child’s family members covered under the insurance policy.

(3) For a child under the age of three, the contractor or subcontractor:

(a) Must not require parents to pay out-of-pocket expenses (e.g., co-payments, premiums, or deductibles), even if the parent has given consent for the use of private insurance.

(b) May use its Part C funds to pay the cost the parents otherwise would have to pay to use public benefits (e.g., the deductible or co-pay amounts);

(d) Must notify parents that they may use any of the state’s dispute resolution procedures including, but not limited to, the state complaint system under OAR 581-015-2030; mediation, due process, and related resolution sessions under 581-015-2865 through 581-015-2870, to contest the imposition of an insurance related fee or cost, such as co-payments or deductibles, to provide early intervention services.

(4) For a child above the age of three, the contractor or subcontractor must obtain consent each time it proposes to access the parents’ private insurance.

(a) If a public agency is unable to obtain parental consent to use the parent's private insurance, to ensure the provision of FAPE, the public agency may use its Part B funds to pay for the service.

(b) To avoid financial cost to parents who otherwise would consent to use private insurance, if the parent would incur a cost, the public agency may use its Part B funds to pay the cost the parents otherwise would have to pay to use the parent's insurance (e.g., the deductible or co-pay amounts).

(5) For all preschool children, the contractor or subcontractor must inform the parents that their refusal to permit the public agency to access their private insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.

(6) Proceeds from private insurance will not be treated as program income.

History

Statutory/Other Authority: ORS 343.475
Statutes/Other Implemented: ORS 343.475, 343.495, 34 CFR 300.154 & 303.520(b)
ODE 30-2012, f. 11-7-12, cert. ef. 11-9-12
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
Renumbered from 581-015-1052, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03

Or. Admin. R. 581-015-2895 Health and Safety

EI and ECSE services may be provided to eligible children in a variety of settings including, but not limited to, home, hospitals, institutions, special schools, classrooms, and community child care, or preschool settings. If services are provided in any setting other than the family home, the contractor shall assure that each subcontractor meets all applicable state and local requirements including:

(1) The applicable state health, and safety regulations;

(2) Assurances that the subcontractor has policies or procedures in place regarding staff hiring that include careful checking of personal and professional references for all potential employees, with regularly scheduled evaluations to evaluate the employee's competence to work with young children;

(3) The provision of adequate space to assure the full participation of all children, regardless of ability or mobility; and

(4) The applicable personnel standards outlined in OAR 581-015-2900.

History

Statutory/Other Authority: ORS 343.475 & 343.495
Statutes/Other Implemented: ORS 343.475 & 343.495
Renumbered from 581-015-1090, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 24-2000, f. & cert. ef. 10-16-00
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2900 Personnel Standards

(1) Personnel employed to provide EI or ECSE services include:

(a) Supervisors;

(b) EI and ECSE specialists;

(d) EI and ECSE assistants.

(2) Supervisors must meet the following criteria:

(a) Possess a minimum of a masters degree in early childhood, special education or a related field, and have three years experience with infants, toddlers, young children, and families.

(b) Hold a TSPC administrative endorsement or, within 12 months of employment, complete authorization as an Early Childhood Supervisor under OAR 581-015-2910; and

(3) EI and ECSE specialists must meet the following criteria:

(a) Possess a minimum of a baccalaureate degree in early childhood, special education or a related field;

(b) Have a professional development plan based on the content of the EI/ECSE standards; and

(A) TSPC licensure or endorsement in EI/ECSE;

(B) TSPC licensure or endorsement in related field; or

(4) Related services personnel must possess a minimum of a baccalaureate degree and a valid license necessary to practice in Oregon. Related services personnel who also provide service coordination as outlined in OAR 581-015-2840 must have:

(a) TSPC licensure in their area of discipline; or

(b) State licensure in their area of discipline; and

(5) EI and ECSE assistants must be at least 18 years old, have a high school diploma or equivalent, experience working with young children. EI/ECSE assistants must have a professional development plan based on the content of the EI/ECSE standards.

History

Statutory/Other Authority: ORS 343.055 & 343.475
Statutes/Other Implemented: ORS 343.055 & 343.475
ODE 21-2023, amend filed 10/23/2023, effective 10/24/2023
Renumbered from 581-015-1100, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 10-1997, f. & cert. ef. 6-26-97
EB 23-1992, f. & cert. ef. 6-23-92

Or. Admin. R. 581-015-2905 Authorization of Early Childhood Specialist

(1) This rule establishes an alternative to Teacher Standards and Practices Commission (TSPC) licensure or endorsements for individuals to serve as Early Childhood Specialists for Programs. Individuals with TSPC issued endorsements in EI/ECSE or a related field are not covered by sections (4)-(12).

(2) Responsibilities of the Early Childhood Specialist may include but are not limited to:

(a) Coordination of EI/ECSE services to children and their families;

(b) Assessment of children in EI/ECSE programs;

(d) Development and implementation of data collection systems;

(e) Provision of consultation and support, as necessary, to families and staff;

(f) Training of EI/ECSE assistants;

(g) Compliance with procedural safeguards; and

(h) Provision of specialized instruction.

(3) Early Childhood Specialists must possess a minimum of a bachelor degree in early childhood education, special education or a related field.

(4) Individuals without a TSPC endorsement in EI/ECSE or a related field must successfully demonstrate competency at the specialist level in the following areas, which are described in the document, “Standards for Professionals Working in EI/ECSE in Oregon”:

(a) Child Development and Early Learning;

(b) Partnering with Families;

(d) Assessment Processes;

(e) Application of Curriculum Frameworks in the Planning of Meaningful Learning Experience;

(f) Using Responsive and Reciprocal Interactions, Interventions, and Instruction;

(g) Professional and Ethical Practice.

(5) Candidates for the Early Childhood Specialist authorization must complete an application and portfolio that documents their mastery level of each component within the standard areas listed in section (4) of this rule.

(6) The candidate must submit the application and portfolio to the Oregon Department of Education for review. Specialist employed on or after October 1, 1998, must complete the authorization within 12 months of employment. The Office of Special Education will convene a panel at least two times per year to review the candidate's portfolio. The panel will consist of a minimum of three professionals representing the Oregon Department of Education, higher education, and EI/ECSE service providers. The panel will recommend approval or non-approval of the Early Childhood Specialist authorization for the candidate to the State Superintendent of Public Instruction.

(7) The Superintendent will approve or deny the candidate's application considering the recommendation of the panel:

(a) Each approved candidate will receive authorization from the Department as an Early Childhood Specialist;

(b) Each nonapproved candidate will receive notice from the Department. The notice will include the reasons for denial and the right of appeal to the State Board of Education.

(8) If a candidate is unable to complete the authorization process within a 12-month period, the EI/ECSE contractor may request a waiver from the Oregon Department of Education for up to one year to allow for the candidate's completion of the authorization process.

(9) Initial authorization is valid for a period of three years. Subsequent authorization is valid for a period of five years.

(10) Applicant renewal of the Early Childhood Specialist authorization must include the following:

(a) For initial renewal, a minimum of two years experience between issuance of initial authorization and renewal application;

(b) For subsequent renewal, a minimum of three years experience between previous renewal and current application.

(A) Completion of a minimum of 75 Professional Development Units for initial reauthorization or a minimum of 125 Professional Development Units for subsequent reauthorization;

(B) Completion of a Professional Development Plan developed with the applicant's supervisor; and

(11) The Department will deny or revoke authorization of an Early Childhood Specialist under any of the following conditions:

(a) The individual has been convicted of any of the crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if the conviction occurred in another jurisdiction or in Oregon under a different statutory name or number; or

(b) The individual has made a false statement as to the conviction of a crime.

(12) The Department may deny or revoke authorization for an Early Childhood Specialist if the individual is charged with a breach of professional responsibilities, which is verified by his/her immediate supervisor.

(13) Individual whose authorization has been revoked will receive notice from the Department. The notice will include the reasons for denial and the right of appeal to the State Board of Education.

(14) All specialists employed by EI/ECSE contractors or subcontractors must have a professional development plan based on the content of the EI/ECSE standards as listed in section (4) of this rule.

(15) A temporary waiver may be requested by the EI/ECSE contractor when an emergency arises due to a misassignment or unsuccessful recruitment efforts. The request for the waiver must be submitted to the Oregon Department of Education and must include:

(a) Documentation of efforts to employ personnel who meet the required standards;

(b) The name, position, and qualifications of the employed personnel;

(d) Assurances that the plan will be implemented.

History

Statutory/Other Authority: ORS 343.055 & 343.475
Statutes/Other Implemented: ORS 343.055 & 343.475
ODE 21-2023, amend filed 10/23/2023, effective 10/24/2023
Renumbered from 581-015-1105, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 8-2003, f. 6-9-03, cert. ef. 6-10-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 15-1997, f. & cert. ef. 12-29-97

Or. Admin. R. 581-015-2910 Authorization of Early Childhood Supervisor

(1) This rule establishes an alternative to a Teacher Standards and Practices Commission (TSPC) administrative license for individuals to serve as Early Childhood Supervisors for Programs. Individuals with a TSPC issued administrative license and who hold a masters degree in early childhood education, special education or a related field with three years of experience working with infants, toddlers, young children and families are not covered by sections (4) through (12) of this rule.

(2) Responsibilities of the Early Childhood Supervisor may include but are not limited to:

(a) Oversight of EI/ECSE services;

(b) Supervision and training of personnel in EI/ECSE programs;

(d) Facilitating meetings with personnel and families; and

(e) Facilitating interagency collaboration.

(3) Early Childhood Supervisors must possess a minimum of a master's degree in early childhood education, special education or a related field.

(4) Individuals without a TSPC administrative license must successfully demonstrate competency at the supervisor level in the following areas, which are described in the document, “Standards for Professionals Working in EI/ECSE in Oregon”:

(a) Vision, Mission, & Direction Setting;

(b) Implementation of Policy, Legal, & Ethical Practices for Special Education Programs & Services;

(d) Program Oversight, Improvement, & Instructional Leadership for Special Education;

(e) Human & Fiscal Resource Management of Special Education Programs & Services;

(f) Collaboration & Communication with Special Education Stakeholders;

(g) Equity & Cultural Responsiveness;

(5) Candidates for the Early Childhood supervisor authorization must complete an application and portfolio that documents their mastery level of each component within the standard areas listed in section (4) of this rule.

(6) The candidate must submit the application and portfolio to the Oregon Department of Education for review. Supervisors employed on or after October 1, 1998, must complete the authorization within 12 months of employment. The Office of Special Education will convene a panel at least two times per year to review candidate portfolios. The panel will consist of a minimum of three professionals representing the Oregon Department of Education, higher education, and EI/ECSE service providers. The panel will recommend approval or non-approval of the Early Childhood Supervisor authorization for the candidate to the State Superintendent of Public Instruction.

(7) The Superintendent will approve or deny the candidate's application considering the recommendation of the panel:

(a) Each approved candidate will receive authorization from the Department as an Early Childhood Supervisor;

(b) Each non-approved candidate will receive notice from the Department. The notice will include the reasons for denial and the right of appeal to the State Board of Education.

(8) Initial authorization is valid for a period of three years. Subsequent authorization is valid for a period of five years.

(9) Applicants renewal of the Early Childhood Supervisor authorization must include the following:

(a) For initial renewal, a minimum of two years experience between issuance of initial authorization and renewal application;

(b) For subsequent renewal, a minimum of three years experience between previous renewal and current application.

(A) Completion of a minimum of 75 Professional Development Units for initial reauthorization or a minimum of 125 Professional Development Units for subsequent reauthorization;

(B) Completion of a Professional Development Plan developed with the applicant's supervisor; and

(10) The Department will deny or revoke authorization of an Early Childhood Supervisor under any of the following conditions:

(b) The individual has made a false statement as to the conviction of a crime.

(11) The Department may deny or revoke authorization for an Early Childhood Supervisor if the individual is charged with a breach of professional responsibilities, which is verified by his/her immediate supervisor.

(12) Individuals whose authorization has been revoked will receive notice from the Department. The notice will include the reasons for denial and the right of appeal to the State Board of Education.

(13) All supervisors employed by EI/ECSE contractors or subcontractors must have a professional plan based on the content of the EI/ECSE standards as listed in section (4) of this rule.

(14) A temporary waiver may be requested by the EI/ECSE contractor when an emergency arises due to a misassignment or unsuccessful recruitment efforts. The request for the waiver must be submitted to the Oregon Department of Education and must include:

(a) Documentation of efforts to employ personnel who meet the required competencies;

(b) The name, position, and qualifications of the employed personnel;

(d) Assurances that the plan will be implemented.

History

Statutory/Other Authority: ORS 343.055 & 343.475
Statutes/Other Implemented: ORS 343.055 & 343.475
ODE 21-2023, amend filed 10/23/2023, effective 10/24/2023
Renumbered from 581-015-1106, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 14-2003, f. & cert. ef. 8-14-03
ODE 8-2003, f. 6-9-03, cert. ef. 6-10-03
ODE 24-2000, f. & cert. ef. 10-16-00
EB 15-1997, f. & cert. ef. 12-29-97

Or. Admin. R. 581-015-2930 Employment-Related Transition Services

(1) This rule establishes the policies of Executive Order No. 15-01, related to the Department of Education’s involvement with integrated employment services.

(2) For purposes of this rule, the following definitions apply:

(a) “Education Goals” means the following goals:

(A) Families, students, and educators will have the expectation that individuals with intellectual and developmental disabilities will work in integrated, community-based settings;

(B) Students transitioning to adult services will be prepared to transition to integrated work experiences; and

(C) Statewide systems will be coordinated to reach the goal of integrated employment opportunities as an outcome of students’ education.

(b) “Mock sheltered work settings” are prevocational training activities that are:

(A) Conducted during the school day;

(B) Performed only by students with disabilities;

(C) Closely resembles the vocational work tasks performed by adults with intellectual or developmental disabilities or both (I/DD) in Sheltered Workshops, including activities:

(i) designed to fulfill the demands of a contractor, business, charitable organization, school or school district, retail store, or other entity; and

(ii) performed by individuals without compensation or in exchange for subminimum wages; and

(D) Not part of an instructional sequence, such as teaching generalization of skills. Instructional sequence does not include instruction that consists solely of the activities described in all of (A), (B), and (C).

(E) Examples include folding, sorting, shredding, packaging, and labeling activities.

(c) “Transition age student” means a student with disabilities who is eligible for transition services under the Individuals with Disabilities Education Act (IDEA) and OAR 581-015-2200.

(d) “Transition Technical Assistance” is the substance of the work of the Statewide Transition Technical Assistance Network (TTAN) and includes development of competencies for teachers, administrators, and other educational service providers that include:

(A) Developing transition-related curriculum and instructional approaches which are consistent with the Education Goals;

(B) Developing outcome-based transition planning approaches that use precepts of discovery and person-centered planning;

(C) Implementing transition-related instructional approaches for students with disabilities, such as those that are community based, and which may include, but are not limited to, authentic experiences such as internships, mentorships, youth work experiences, job skill related instruction, and job shadowing;

(D) Facilitating and managing interagency teams and resources to help ensure students and families may utilize resources from applicable state agencies, local education agencies, and other available resources; and

(E) Encouraging the implementation of transition services in schools that are consistent with the Education Goals.

(F) Assisting Local Education Agencies to meet the requirements of OAR 581-015-2245 regarding the placement of students.

(3) The Department shall establish a statewide TTAN to assist high schools in Oregon in providing transition services. The TTAN shall seek to ensure that the Education Goals are implemented in assessment, curriculum, and instruction for transition age students.

(4) This rule and its provisions are not intended to expand or replace the obligations of the State or its schools under the IDEA.

History

Statutory/Other Authority: ORS 343.041, ORS 343.045 & ORS 343.055
Statutes/Other Implemented: ORS 343.045, ORS 343.055 & ORS 343.041
ODE 34-2026, amend filed 06/22/2026, effective 06/22/2026
ODE 30-2015, f. & cert. ef. 12-22-15
ODE 29-2013, f. & cert. ef. 12-18-13

Or. Admin. R. 581-015-2940 Corrections Education Program Funding Formula

(1) The Department of Education shall administer the Youth Corrections Education Program and the Juvenile Detention Education Program in a manner that provides youths in those programs with a quality education.

(2)(a) The Superintendent of Public Instruction may contract with an education service district or a school district to provide teachers, counselors or other personnel for the youth Corrections Education Program and the Juvenile Detention Education Program.

(b) When a contract is entered into with an education service district, the Youth Corrections Education Program and the Juvenile Detention Education Program are not considered a component district of the education service district and the youth enrolled in the program may not be counted when determining the number of pupils in average daily membership for the purpose of ORS 334.175(5).

(3) When determining the amount to be paid under a contract entered into, the following shall be taken into consideration:

(a) The number of youths to be provided educational services;

(b) The characteristics of the facility where the educational services will be provided, including the number of classrooms required to provide educational services;

(c) The diversity of the population of youths to be provided educational services, including the number and percentage of youths who are from historically underserved populations;

(d) The number and percentage of youths to be provided educational services who qualify for special education and related services; and

(e) The level of transition support provided to the youths.

(4) The Juvenile Justice Education Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Juvenile Justice Education Fund shall be credited to the fund. Moneys in the Juvenile Justice Education Fund are continuously appropriated to the Department of Education for the distribution to the Youth Corrections Education Program and the Juvenile Detention Education Program, as those terns are defined in ORS 326.695, to provide educational services to youths in those programs under contracts entered into as provided by ORS 326.695. The Juvenile Education Fund shall consist of:

(a) Moneys allocated from the State School Fund for students enrolled in the Youth Corrections Education Program and the Juvenile Detention Education Program in ORS 327.026;

(b) Moneys made available for the Youth Corrections Education Program and Juvenile Detention Education Program from the Statewide Education Initiatives Account under ORS 327.254;

(d) Other amounts deposited into the Juvenile Justice Education Fund from any source.

(e) Federal Funds will not be deposited into the Juvenile Justice Education Fund.

(5) Under ORS 327.036, the Department of Education shall provide State School Funds to provide education programs in the Youth Corrections Education Program and the Juvenile Detention Education Program.

(a) The Department of Education shall provide State School Funding to the Youth Corrections Education Program based on anticipated Average Daily Membership times 2.0 Average Daily Membership weighted for the school year.

(b) The Department of Education shall provide State School Funding to the Juvenile Detention Education Program based on anticipated Average Daily Membership times 1.5 Average Daily Membership weighted for the school year.

(6) The Department of Education shall determine the number of classrooms to be funded at each Youth Corrections Education Program and each Juvenile Detention Education Program using the methodology of a classroom for every 8 Average Daily Membership for Youth Corrections Education Program and Juvenile Detention Education Program.

(7)(a) The target funding level of the Juvenile Justice Education Fund shall be calculated by multiplying:

(A) The average funding level per classroom, as calculated based on all classrooms operated under the Youth Corrections Education Program and the Juvenile Detention Education Program: and

(B) The total number of classrooms the Department of Education expects to be operated under the Youth Corrections Education Program and the Juvenile Detention Education Program for the following biennium.

(b) For the purpose of determining the average funding level per classroom, the Department of Education shall:

(A) Determine the average funding level per classroom for the previous biennium; and

(B) Adjust the amount determined under subparagraph (A) of this paragraph based on the same percentage by which the amount appropriated to the State School Fund increased for the biennium in which the calculation is being made as compared with the amount appropriated for the previous biennium.

(c) The Department of Education shall estimate the expected difference between the target funding level calculated and the amount anticipated to be made available to the Juvenile Justice Education Fund. If, after all funding available has been accounted for, the Department of Education determines that the amount required for the target funding level for the fund has not been met, the Department of Education may transfer from the Statewide Education Initiatives Account to fund any needed amounts.

(d) If, at any time during the biennium, the amount available in the Juvenile Justice Education Fund and from other sources is not sufficient to pay for costs incurred in relation to the Youth Corrections Education Program or the Juvenile Detention Education Program, the Department of Education shall inform the Legislative Assembly or the Emergency Board of the lack of funding and shall provide and accounting of the amount needed to pay those costs.

(e) Oregon State Funding may be transferred between the Youth Corrections Education and Juvenile Detention Education programs.

(f) In each even year by August 31, the Department of Education will submit a report to the Governor and Legislature explaining the Target Funding Level.

(8) A school district or education service district may appeal the amount received in the contract to provide educational services at a Youth Corrections Education Program and or a Juvenile Detention Education Program.

(a) The appeal must be in writing using the Juvenile Corrections Education Funding Appeal Form provided by the Department of Education within 30 calendar days of notice of the estimated funding contract amount;

(b) The appeal must include an accounting of the purpose and use of the additional funds and impacts of not receiving the requested funding;

(c) All appeals will be reviewed at the close of the 30 calendar day appeals period and a written response will be issued within 45 calendar days from the closing date for appeals.

History

Statutory/Other Authority: ORS 327.026, HB 5014 (2023) & SB 1552 (2024)
Statutes/Other Implemented: ORS 327.026 & SB 1552 (2024)
ODE 6-2025, amend filed 02/14/2025, effective 02/14/2025
ODE 31-2024, adopt filed 06/14/2024, effective 06/14/2024

Division 16 OREGON SCHOOL FOR THE DEAF

Or. Admin. R. 581-016-0520 Definitions

The following definitions apply to OAR 581-016-0520 through 581-016-0560, unless the context indicates otherwise:

(1) Board: The State Board of Education;

(2) OSD: The Oregon School for the Deaf;

(3) Superintendent: The State Superintendent of Public Instruction.

(4) IEP: An individualized education program as defined in OAR 581-015-2000(16).

History

Statutory/Other Authority: ORS 346.010
Statutes/Other Implemented: ORS 346.010
ODE 34-2019, minor correction filed 08/08/2019, effective 08/08/2019
ODE 12-2009, f. & cert. ef. 12-10-09
EB 2-1994, f. & cert. ef. 4-29-94
EB 36-1990, f. & cert. ef. 7-10-90
1EB 264, f. & ef. 7-5-77

Or. Admin. R. 581-016-0526 General Placement

(1) It is the policy of the State Board of Education (Policy 8100) that any student with a hearing impairment shall be served whenever possible in the student's home community if appropriate. It is the intent that all local agencies having interest in the student collaborate to offer services locally. A referral shall be made to OSD only when local programs are unable to provide a free appropriate public education consistent with the needs of the student as identified in the student's IEP.

(2) A student may be referred to OSD if the student:

(a) Has been determined to be eligible for special education services by the resident district under OAR 581-015-0051;

(b) Is auditorily impaired to the extent that services needed to implement the IEP as described in OAR 581-016-0536(8)(f)(A)–(D) are not available in the local district with regional program support;

(d) Regarding consent:

(A) Has the consent of a parent(s), guardian or surrogate if the student is under age 18; or

(B) Has given his or her consent, if over age 18; or

(e) Has not completed the school year in which the student turns age 21.

(3) OSD may act as an evaluation and diagnostic center for a student with hearing impairments when requested to do so by the student's resident school district or the student's parents, or when additional assessment information is needed prior to a placement decision.

History

Statutory/Other Authority: ORS 346
Statutes/Other Implemented: ORS 346.015
ODE 12-2009, f. & cert. ef. 12-10-09
EB 2-1994, f. & cert. ef. 4-29-94
EB 36-1990, f. & cert. ef. 7-10-90
1EB 24-1986, f. & ef. 7-11-86

Or. Admin. R. 581-016-0536 Procedures for Referral and Placement

(1) The resident school district or the regional program shall contact the director of OSD to request a multidisciplinary team meeting to determine placement.

(2) The director or designee of OSD shall send the placement procedure packet to the district contact person and set a mutually agreed upon date, place and time for a meeting to determine placement.

(3) The district contact person shall obtain parent consent to send the following records to OSD and shall send the records for review to the director of OSD at least three working days prior to the multidisciplinary team meeting:

(a) The current audiological report (OSD);

(b) The current and previous medical, behavior, psychological, health immunization, and educational records, including previous IEPs, multidisciplinary team decisions and eligibility statements;

(d) The current IEP; and

(e) The signed parent consent for release of information.

(4) If the student is eligible for special education as a child with an intellectual or developmental disability, the resident school district shall contact the local mental health program case manager, who, in consultation with a Children's Services Division caseworker, shall review the IEP to determine if the student has need for residential care as part of the education program:

(a) If the student needs residential care or other support services as part of the education program, but community resources are not available as documented by the local community mental health program case manager, the resident school district shall proceed with the placement process;

(b) In cases where the student does not need residential care as a part of the education program, but needs other educational services provided by OSD, the resident school district shall proceed with the placement process.

(5) The resident school district is responsible for conducting the multidisciplinary team meeting to determine the student's placement.

(6) Participants in the placement meeting shall include persons knowledgeable about the student, the meaning of the evaluation data and placement options. The multidisciplinary team shall consist of:

(a) The student's parent(s), guardian, or surrogate if the student is under age 18 or has a court-appointed guardian, or alternatively the student, if the student is over age 18 and does not have a court-appointed guardian;

(b) The student, when appropriate;

(d) The regional program representative who is knowledgeable about the student's disability;

(e) The director or designee from OSD who has knowledge about services that can be provided by the special school and has the authority to commit resources for services;

(f) The local mental health case manager for students eligible for intellectual or developmental disability services;

(g) Other representatives from the student's local placement; and

(h) Other persons with pertinent information about the student.

(7) The multidisciplinary placement team shall designate a member to complete the placement form.

(8) When determining placement, the multidisciplinary team shall:

(a) Base its decision on the student's current IEP;

(b) Consider documented information from a variety of sources;

(d) Review opportunities to participate in nonacademic and extracurricular services and activities with students without disabilities;

(e) Consider any potential harmful effects on the student or on the quality of services provided to the student;

(f) Consider the following factors:

(A) The services needed to implement the IEP which may include, but are not limited to, areas such as academics; self-help, social, interpersonal, independent living; vocational training; and language development;

(B) A learning environment in which there is ample opportunity for the student to have meaningful communication with other students and teachers and exposure to cultural factors related to the student's disability;

(D) The extent of curriculum and instructional adaptations needed.

(g) Determine whether the student needs additional services and specialized educational resources available at OSD that are not available at the local placement options;

(h) Consider the impact on the student regarding the length of daily transportation for each placement option considered;

(i) Compare the instructional time available at local placement options to implement the student's IEP with the instructional time available at OSD; and

(j) Document the placement options considered and the rationale for rejection or acceptance.

(9) Within 14 calendar days of the multidisciplinary team meeting, the resident school district shall submit the following documents to the Assistant Superintendent for the Office of Student Learning and Partnerships, Oregon Department of Education:

(a) The eligibility statement;

(b) The placement meeting notes;

(d) A letter of placement recommendation from the regional program and the resident school district; and

(e) A written statement from the local community mental health program case manager regarding the availability of local residential services, when appropriate.

(10) The Assistant Superintendent for the Oregon Department of Education’s Office of Student Learning and Partnerships shall send written notification of the multidisciplinary team's placement decision to the parent(s), guardian or surrogate, the resident school district, the regional program, and OSD. Placement shall begin after written notification is received by the parent(s) and the resident school district.

(11) Prior to the student's enrollment at OSD, the school shall review the student's file to insure that the documents identified in section (3) of this rule have been received.

History

Statutory/Other Authority: ORS 346
Statutes/Other Implemented: ORS 346.015
ODE 12-2011, f. & cert. ef. 10-31-11
ODE 12-2009, f. & cert. ef. 12-10-09
EB 2-1994, f. & cert. ef. 4-29-94
EB 36-1990, f. & cert. ef. 7-10-90
1EB 24-1986, f. & ef. 7-11-86

Or. Admin. R. 581-016-0537 General Obligations

OSD is subject to the rules contained in division 15 of this chapter including, but not limited to, the requirements for identifying and determining eligibility of students with handicapping conditions, development of IEPs, placement of students and the provision of a free, appropriate education.

History

Statutory/Other Authority: ORS 346
Statutes/Other Implemented: ORS 346.010
ODE 12-2009, f. & cert. ef. 12-10-09
EB 37-1990, f. & cert. ef. 7-10-90

Or. Admin. R. 581-016-0538 Resident School District Responsibility

(1) When a student is placed at OSD the student's resident school district remains responsible for assuring that the student receives a free appropriate education in accordance with ORS 343.221, OAR 581-015-0005(20) and 581-015-0061.

(2) A representative of the child's resident school district shall attend the student's IEP meetings while the student is placed at OSD.

(3) In those cases where OSD cannot within the resources allocated provide all of the services required in the child's IEP, the resident district may elect to provide these services if in so doing OSD would become an appropriate placement.

(4) At the time of placement, OSD and the resident district shall determine by written agreement those services for which the resident district shall remain responsible.

History

Statutory/Other Authority: ORS 346
Statutes/Other Implemented: ORS 346.015
ODE 12-2009, f. & cert. ef. 12-10-09
EB 35-1990, f. & cert. ef. 7-10-90

Or. Admin. R. 581-016-0541 Termination of Placement and Revocation of Consent

(1) The student's placement at OSD shall be determined annually by the student's multidisciplinary team and shall be terminated when:

(a) The student has completed the school year in which the student turns age 21;

(b) The student graduates from the program;

(A) An appropriate program can be provided at the local or regional level;

(B) OSD is no longer the appropriate placement for the student; or

(d) It is required as the result of a due process hearings officer or court's decision.

(2) If a parent, guardian or surrogate, student over the age of 18 without a court-appointed guardian, or educational staff question the appropriateness of the student's placement at OSD, the resident school district shall convene a multidisciplinary team with all of the individuals set forth in OAR 581-016-0536(6). The multidisciplinary team shall determine the appropriate placement for the student. This meeting shall occur prior to any change in placement for the student.

History

Statutory/Other Authority: ORS 346
Statutes/Other Implemented: ORS 346.015
ODE 12-2009, f. & cert. ef. 12-10-09
EB 2-1994, f. & cert. ef. 4-29-94
EB 36-1990, f. & cert. ef. 7-10-90
EB 30-1988, f. & cert. ef. 7-5-88
1EB 24-1986, f. & ef. 7-11-86

Or. Admin. R. 581-016-0560 Placement Appeal Procedures — OSD

A parent, guardian or surrogate may challenge the child's placement, denial of placement, or transfer in the manner provided in ORS 343.165 to 343.177.

History

Statutory/Other Authority: ORS 346
Statutes/Other Implemented: ORS 346.015
ODE 12-2009, f. & cert. ef. 12-10-09
EB 36-1990, f. & cert. ef. 7-10-90
1EB 17-1982, f. & ef. 8-13-82
1EB 19-1979, f. & ef. 11-15-79
1EB 264, f. & ef. 7-5-77

Or. Admin. R. 581-016-0700 Goals for Education

To the extent appropriate, each student at the Oregon School for the Deaf shall have the opportunity to function as effectively as possible in six life roles as set forth in OAR 581-022-0201.

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0710 High School Requirements for Graduation

In order for a student to graduate from the Oregon School for the Deaf (OSD), he/she must attain a certain number of units, master essential learning skills, meet competencies, and maintain/attain attendance minimums. Four different diplomas/certificates are available, depending on the goals and abilities of each student.

(1) To receive a diploma the student must:

(a) Meet the requirements specified for a diploma in 581-022-2000;

(b) Meet all OSD-required competencies in language, reading, and mathematics; and

(2) To receive a modified diploma the student must:

(a) Meet the requirements specified for a modified diploma in 581-022-2010;

(b) Complete modified course work as agreed upon in the IEP;

(d) Maintain required attendance.

(3) To receive an extended diploma the student must meet the requirements specified for an extended diploma in 581-022-2015

(4) A certificate of attendance may be awarded to a student who does not satisfy the requirements for a regular diploma, a modified diploma, or an extended diploma if the student has maintained regular full-time attendance for at least four years beginning in grade nine and meets requirements specified in OAR 581-022-2020.

(5) Notwithstanding anything else in this rule, the Oregon School for the Deaf must award a diploma, modified diploma, extended diploma, or alternative certificate to students who were first enrolled in ninth grade in the 2016-17 school year or earlier or were first enrolled in ninth grade in the 2017-18 school year and had an early graduation plan approved before March 17, 2020, and fulfill the state requirements as described in 581-022-0103.

History

Statutory/Other Authority: ORS 343 & ORS 346
Statutes/Other Implemented: ORS 346.010
ODE 25-2024, amend filed 05/21/2024, effective 05/21/2024
ODE 31-2020, amend filed 06/24/2020, effective 06/24/2020
ODE 19-2020, temporary amend filed 04/23/2020, effective 04/23/2020 through 10/19/2020
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0720 Essential Learning Skills

The Oregon School for the Deaf shall offer a planned program of instruction which ensures the opportunity for students to obtain the essential learning skills identified in the common curriculum goals as set forth by the State Board of Education and in accordance with each learner’s intellectual and physical abilities. The school shall:

(1) Establish an individualized instruction/activity program for each child;

(2) Provide for the inclusion of all appropriate learning goals;

(3) Increase the application of all appropriate essential learning skills as students acquire mastery; and

(4) Provide appropriate curricula, instruction, and activities in order for students to make necessary progress toward attainment of the essential learning skills.

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0730 Career and Vocational Education

The Oregon School for the Deaf shall provide a continuum of career and technical instructional program to include career awareness, career exploration, career guidance, job sampling, and work experience.

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0740 Special Provisions

The Oregon School for the Deaf shall provide instruction which is uniquely designed for the hearing impaired and for accompanying handicaps such as vision impairment, autism, intellectual disability, orthopedic impairment, learning disability, emotional disturbance, and other health impairments; and for special abilities (i.e., talented and gifted).

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
ODE 12-2011, f. & cert. ef. 10-31-11
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0750 Curriculum

(1) The Oregon School for the Deaf (OSD) instructional program shall instruct all students in grades K/1–8 in the areas of art, health education, language arts (including reading and writing), mathematics, physical education, science, and social science (including geography and history). The program shall:

(a) Provide students with the knowledge and skills necessary for successful progress in high schools;

(b) Provide opportunities for high school students to meet requirements for graduation; and

(2) In addition to the academic program, OSC shall provide instruction in theses areas:

(a) Compensatory skills such as:

(A) Typing/Keyboarding;

(B) Signing and fingerspelling;

(D) Handwriting; and

(E) Use of auditory, visual, and physical aids.

(b) Self-help and skills of daily living;

(d) Orientation and mobility (for deaf/blind);

(e) Adaptive physical education;

(f) Career, prevocational, and technical skills;

(g) Language/Communication development;

(h) Related services:

(A) Speech pathology and audiology;

(B) Psychological services;

(D) Occupational therapy; and

(E) Medical diagnostic services and health care.

History

Statutory/Other Authority: ORS 343 & ORS 346
Statutes/Other Implemented: ORS 346.010
ODE 27-2026, minor correction filed 05/29/2026, effective 05/29/2026
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0760 Required Days of Instruction

The Oregon School for the Deaf shall provide a program of instructional hours or days equivalent to the requirements for public schools as set forth in OAR chapter 22.

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0770 Equal Educational Opportunities

The Oregon School for the Deaf shall assure equality of opportunity for all students as provided in OAR 581-021-0045 and 581-021-0046, and ORS 359.150.

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0780 Personnel

(1) Teachers, specialists, and administrators must hold valid Oregon certificates and be assigned in accordance with the individual certificate, school policies, program goals, and applicable statutes and administrative rules.

(2) Related service providers shall meet state licensure requirements in their fields of specialty.

(3) The Oregon School for the Deaf shall hire staff in compliance with state personnel rules and Department policy.

(4) All staff will be required to meet sign language requirements established in the communication policy.

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0790 Daily Class Size

(1) The Oregon School for the Deaf shall maintain class sizes and teacher assignments which promote effective learning consistent with the outcomes expected of each Individualized Educational Program (IEP).

(2) In determining class size, the following shall be considered:

(a) The teacher-student ratio of each class;

(b) The total number of students assigned per teacher;

(d) The support staff available to each teacher;

(e) The nature of the instructional program in relation to the teacher’s professional preparation; and

(f) The appropriateness of instructional facilities and equipment.

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0800 Educational Materials

The Oregon School for the Deaf shall provide textbooks and other instructional materials and equipment which contribute to the attainment of general and Individualized Educational Program (IEP) goals and which are appropriate to each child’s capabilities.

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0810 Individual Student

To ensure each student’s educational progress, the Oregon School for the Deaf shall:

(1) Record and maintain records of assessment results, classroom, work, behavior, and other evaluative information for identifying each student’s progress and needs related to:

(a) Attainment of general learner goals;

(b) Attainment of Individualized Educational Program (IEP) goals; and

(2) Adapt instruction and curriculum when the needs, interests, and learning styles of each student indicate an adaptation is needed; and

(3) Report educational progress to parents and students at least annually on:

(a) Attainment of general learner goals;

(b) Attainment of IEP goals; and

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0820 Instructional Program

To ensure continual improvement of instructional programs, the Oregon School for the Deaf shall review assessment data and other evaluative information to identify levels of performance, to recognize deficiencies and to plan needed improvement. The school shall:

(1) Identify program needs by:

(a) Periodically reviewing assessment results and other evaluative information; and

(b) Conducting program evaluation periodically in all curriculum areas stated in OAR 581-016-0603.

(2) Implement program improvements as identified;

(3) Provide appropriate staff-related development activities;

(4) Report results of information stated above to the Department of Education; and

(5) Provide a media program to enhance each student’s instructional program that:

(a) Is coordinated to support the general goals of the school and Individualized Educational Programs;

(b) Has appropriate facilities, materials, and equipment which support program goals; and

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0830 Related and Support Services

The Oregon School for the Deaf shall provide those related services which may be specified in a student’s Individualized Educational Program (IEP) in order for him/her to have access to educational program; i.e., such services as:

(1) Speech pathology and audiology;

(2) Psychological services;

(3) Physical therapy;

(4) Occupational therapy;

(5) Medical diagnostic services and specific health care; and

(6) Counseling and guidance.

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0840 Emergency Plans and Safety Programs

The Oregon School for the Deaf shall maintain a comprehensive safety program for all employees and students as set forth in OAR 581-022-0706 and 581-022-0707.

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0850 Operating Policies and Procedures

The Oregon School for the Deaf shall:

(1) Keep copies of operating policies, procedures, and rules adopted pursuant to ORS 332.107, and shall make such information available upon request;

(2) Use a process of management planning in the areas of staffing, instruction, and facility maintenance and construction;

(3) Maintain and make available upon request evidence of compliance with these standards; and

(4) Review and evaluate current policies and practices periodically in order to gain/maintain school accreditation.

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0860 Records and Reports

A student record policy will be maintained by the Oregon School for the Deaf consistent with that set forth in OAR 581-022-0717.

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0870 Support Services

(1) Pupil transportation services: The Oregon School for the Deaf shall cooperate with local school districts in accordance with local school district responsibilities under ORS 343.283. Transportation shall be provided in accordance with ORS 346.042 and 346.045.

(2) Food Services: The Oregon School for the Deaf shall provide meals which are nutritious and take into account particular preparation and content which are consistent with the needs of students enrolled.

(3) Maintenance and custodial services: The Oregon School for the Deaf shall maintain buildings and grounds to provide conditions conductive to the health and safety of students, employees, and the general public.

(4) Facilities: The Oregon School for the deaf shall provide physical facilities which are appropriate to the instructional/activity program and which provide barrier-free access to all students and employees.

(5) Equipment and materials: The Oregon School for the Deaf shall provide furniture, equipment, and materials which support the general and child-specific goals of the school.

(6) Residential services: The Oregon School for the Deaf shall:

(a) Provide care, training, and assessments in the areas of living skills, play and recreational skills, social skills, and behavior management for all residential students, in a safe, clean living and learning environment;

(b) Instruct students in the planned Individualized Educational Program (IEP) assigned by the multidisciplinary team;

(c) Provide all students with social and recreational opportunities to meet the lease restrictive environment guidelines as stated in PL 94-142;

(d) Maintain a consistent 24-hour (school week) program for all residential students, that supports and is coordinated with the in-class educational program;

(e) Provide parents with written student development progress reports periodically.

(7) Parent liaison services: The Oregon School for the Deaf shall provide for the liaison between the school and parents and other related agencies to assure:

(a) Appropriate communication;

(b) Advocacy for the students; and

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Or. Admin. R. 581-016-0880 Statewide Educational Resource

The Oregon School for the Deaf may extend its services to other hearing impaired children and the general public by:

(1) Conducting student assessments at the request of the local school district or regional program;

(2) Providing summer enrichment experiences;

(3) Providing consultative services to families and local school district and regional personnel; and

(4) Providing information to the general public regarding the education of the hearing impaired.

History

Statutory/Other Authority: ORS 343 & 346
Statutes/Other Implemented: ORS 346.010
EB 31-1989, f. & cert. ef. 11-2-89

Division 17 STRATEGIC INVESTMENTS

Or. Admin. R. 581-017-0005 Definitions

The following definitions apply to Oregon Administrative Rules in division 17, chapter 581 that implement strategic investments as part of the Oregon Early Reading Program, Guidance and Support for Post-Secondary Aspirations Program and Connecting to the World of Work Program:

(1) “40-40-20 goal” means the mission of Oregon’s education system as described in ORS 351.009.

(2) “Achievement gap” means the research-based gap in achievement that often exists between students who are economically disadvantaged, students learning English as a second language, African American, Hispanic or Native American and their peers.

(3) “Network” means the Network of Quality Teaching and Learning established by chapter 661, Oregon Law 2013 (Enrolled House Bill 3233).

(4) “Students who are economically disadvantaged” means students who are eligible for free or reduced price school meals.

History

Statutory/Other Authority: 2013 OL Ch. 660 & Sec. 1 (Enrolled HB 3232)
Statutes/Other Implemented: 2013 OL Ch. 660 & Sec. 1 (Enrolled HB 3232)
ODE 28-2013, f. & cert. ef. 12-18-13
ODE 15-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-017-0010 Equity Lens

(1) The Department of Education will apply the Oregon Equity Lens when administering the strategic investments including when determining resource allocation and making strategic investments.

(2) Specifically the Department shall consider the following:

(a) Who are the racial or ethnic and underserved groups affected? What is the potential impact of the resource allocation and strategic investment to these groups?

(b) Does the decision being made ignore or worsen existing disparities or produce other unintended consequences? What is the impact on eliminating the opportunity gap?

(d) What are the barriers to more equitable outcomes (e.g., mandated, political, emotional, financial, programmatic or managerial)?

(e) How has the Department intentionally involved stakeholders who are also members of the communities affected by the resource allocation or strategic investment? How does the Department validate its assessment in paragraphs (a), (b) and (c) of this subsection?

(f) How will the Department modify or enhance the strategic investment to ensure each learner and communities’ individual and cultural needs are met?

(g) How is the Department collecting data on race, ethnicity, and native language relating to the strategic investments?

(h) What is the Department’s commitment to P-20 professional learning for equity? What resources is the Department allocating for training in cultural responsive instruction?

History

Statutory/Other Authority: 2013 OL Ch. 660 & Sec. 1 (Enrolled HB 3232)
Statutes/Other Implemented: 2013 OL Ch. 660 & Sec. 1 (Enrolled HB 3232)
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 28-2013, f. & cert. ef. 12-18-13
ODE 15-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-017-0020 Timelines and Performance Measures

Recipients of strategic investment grant funds shall meet timelines, performance measures and other requirements related to the accumulation and evaluation of data collected as required by the Oregon Department of Education.

History

Statutory/Other Authority: 2013 OL Ch. 660 & Sec. 1 (Enrolled HB 3232)
Statutes/Other Implemented: 2013 OL Ch. 660 & Sec. 1 (Enrolled HB 3232)
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 28-2013, f. & cert. ef. 12-18-13
ODE 15-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-017-0100 Definitions

The following definitions apply to 581-017-0100 to 581-017-0115:

(1) “CAP (Comprehensive Achievement Plan)” means the plan for program improvement that all Focus and Priority Schools are required to develop and implement. It describes the school’s goals, tasks necessary to achieve those goals, and who is responsible for completion of each activity with anticipated due dates. The CAP is the vehicle for communication between the school and the Oregon Department of Education outlining the actions a school takes to implement interventions prescribed by the School Appraisal Team. The CAP, developed collaboratively by the district, school, and a team of educators and community members, commits the school to evidence-based interventions and fixed improvement goals.

(2) “Focus Schools” are those ranked in the fifth to the fifteenth percentile in overall rating and are:

(a) Within-School Gap: Title I schools with the largest within school achievement or graduation gaps, or

(b) With Low Achieving Subgroup: Title I schools with a subgroup or subgroups with low achievement in reading and mathematics, combined, or a subgroup with low graduation, or

(c) With Low Graduation Rate: Title I high schools with graduation rates under 60 percent that were not already identified as Priority Schools.

(3) “Focus and Priority Schools” means schools that were identified using the Department of Education’s overall rating system that analyzed 2011-2012 student achievement data and graduation rates.

(4) “Priority Schools” are those schools satisfying at least one of the following:

(a) School Improvement Grant (SIG): A Tier I or Tier II school receiving funding under the SIG program.

(b) Low Graduation Rate: A Title I-participating high school with a graduation rate of less than 60 percent.

(c) Low Achievement: Among the lowest five percent of Title I schools in the state based on the percent of students meeting state benchmarks in reading and mathematics combined for 2010-11 and 2011-12 that is not a high-progress school.

(5) “SIG Schools” means the schools that have received the 3-year School Improvement Program Grant and whom begun their work during the 2010–2011 (Cohort 1) or 2011–2012 (Cohort 2) school years.

History

Statutory/Other Authority: 2013 OL Ch. 660 & Sec. 1 (Enrolled HB 3232)
Statutes/Other Implemented: 2013 OL Ch. 660 & Sec. 1 (Enrolled HB 3232)
ODE 31-2013, f. & cert. ef. 12-18-13
ODE 19-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-017-0105 Establishment

(1) The Expanded Reading Opportunities Grant is established as part of the Early Reading Program Strategic Investment.

(2) The purposes of the program are to:

(a) Extend and expand reading opportunities in public schools; and

(b) Improve the reading proficiency of students by the time the students complete the third grade.

History

Statutory/Other Authority: 2013 OL Ch. 660 & Sec. 1 (Enrolled HB 3232)
Statutes/Other Implemented: 2013 OL Ch. 660 & Sec. 1 (Enrolled HB 3232)
ODE 31-2013, f. & cert. ef. 12-18-13
ODE 19-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-017-0110 Eligibility

The Department of Education shall allocate funds for the Expanded Reading Opportunities Grant to schools based on the following eligibility criteria:

(1) Schools must be a designated Focus or Priority School.

(2) Schools must serve students in at least one grade from kindergarten through grade 3.

(3) Schools must not have received a SIG grant.

(4) Schools must use the funds in alignment with their CAP.

(5) Schools must use the funds to extend or expand reading opportunities by:

(a) Providing adult support;

(b) Offering programs during non-school hours; or

History

Statutory/Other Authority: 2013 OL Ch. 660 & Sec. 1 (Enrolled HB 3232)
Statutes/Other Implemented: 2013 OL Ch. 660 & Sec. 1 (Enrolled HB 3232)
ODE 31-2013, f. & cert. ef. 12-18-13
ODE 19-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-017-0115 Implementation Grant Funding

(1) The Department of Education may award at least $40,000 for the 2013-2014 school year to each eligible Focus and Priority School that applies and meets the criteria.

(2) For the 2014-2015 school year each eligible Focus and Priority School that applied may be awarded an equal amount based on the amount available.

(3) The Department may not award more than $4 million dollars in total per biennium for Expanded Reading Opportunities Grants.

(4) School that receive funds under the grant program may not use those funds for administrative costs.

History

Statutory/Other Authority: 2013 OL Ch. 660 & Sec. 1 (Enrolled HB 3232)
Statutes/Other Implemented: 2013 OL Ch. 660 & Sec. 1 (Enrolled HB 3232)
ODE 31-2013, f. & cert. ef. 12-18-13
ODE 19-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-017-0200 Definitions

The following definitions apply to OAR 581-017-0200 to 581-017-0220:

(1) “Accelerated” means an underserved student who has achieved a “C” or higher will gain access to IB, AP or college credit courses. This can include but is not limited to transportation, consortium creation and teacher training.

(2) “At-risk” means a student who is less likely to succeed academically or more likely to drop out of school due to circumstances beyond their control.

(3) “Cultural Competence” means an individual or organization has proven their ability to understand the emotional, mental and physical challenges of non-majority individuals in a way that promotes a self-awareness and confidence that is reflected in the students’ academic achievement.

(4) “Non-profit organization” means:

(a) An organization established as a nonprofit organization under the laws of Oregon; and

(b) Qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code as defined in ORS 314.011.

(5) “Wraparound” intervention strategy means an organization can demonstrate the ability to execute a highly structured and integrated effort to meet student needs in their home, school and community that is reflected in the students’ academic achievement.

(6)“Underserved” means a student who is not making satisfactory progress toward a high school diploma, modified diploma or an extended diploma and has not considered enrolling in post-secondary education.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.815
ODE 1-2014, f. & cert. ef. 2-19-14
ODE 23-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14

Or. Admin. R. 581-017-0205 Establishment

(1) The Mentoring, Monitoring, Acceleration Grant is established as part of the Guidance and Support for Post-Secondary Aspirations Strategic Investment.

(2) The purposes of the grant is to:

(a) Extend or expand a students’ ability to achieve a “C” or higher within the current academic year in all core subjects;

(b) Increase the academic achievement for underserved and at-risk students in addition to the cultural competence within academic communities; and

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.815
ODE 1-2014, f. & cert. ef. 2-19-14
ODE 23-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14

Or. Admin. R. 581-017-0210 Eligibility

The Department of Education shall allocate funds for the Mentoring, Monitoring, Accelerated grant program based on the following eligibility criteria:

(1) The following entities shall be eligible to receive the Mentoring, Monitoring, Accelerated program award:

(a) Non-profit organizations;

(b) School districts; and

(c) Consortiums of non-profits or school districts and other entities. Each eligible consortium must have at least one non-profit organization or school district to be eligible for the grant which will serve as the fiscal agent.

(2) Eligible non-profit organizations and school districts must have a comprehensive system for monitoring progress and providing individualized planning, mentoring, tutoring or other support services to students or must have as part their proposal a plan to have a comprehensive system.

(3) Eligible non-profit organizations and school districts must provide data documenting and must ensure that the resources received will be used for underserved, at-risk or accelerating students in eighth or ninth grade.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.815
ODE 1-2014, f. & cert. ef. 2-19-14
ODE 23-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14

Or. Admin. R. 581-017-0215 Implementation of Grant Funding

(1) The Department of Education will make awards between $50,000 and $250,000 for use during the 2013–2014 or 2014–2015 school year for each eligible Mentoring, Monitoring, Accelerated grant program. The Department may not award more than $3 million in total per biennium for the grants.

(2) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted for the Mentoring, Monitoring, Acceleration program funds. All proposals will comply with the requirements of ORS 327.800 and 327.815 and rules adopted to implement those sections.

(3) Awards will be based on the following criteria:

(a) Whether the proposal identifies how the funds will be used to reach the 40-40-20 goal and improve education outcomes for underserved and at risk and accelerating students as identified using the Oregon Equity Lens.

(b) Whether the applicant proposal demonstrates support, commitment and readiness to design or revise culturally competent programming specifically for underserved/at-risk eighth and ninth grade students.

(4) The Department shall give priority to proposals that meet the minimum criteria and:

(a) Provide a sustainability plan to continue the program for at least two years after the program funding has ended.

(b) The extent to which the applicant clearly documents its capacity to implement and carry out programming and services for students achieving a “C” or higher in core academic subjects within the current academic year.

(5) The Department of Education shall allocate funds for the grant program based on the evaluation of the grant application and the following considerations:

(a) Organizations that have documented evidence of serving underserved/at-risk eighth and ninth grade students or drop outs.

(b) Organizations designed to return or advance eighth or ninth grade students to a “C” or higher grade in core academic subjects within the same academic year using a systematic program design.

(c) Geographic location of the program organization to ensure geographic representation of the targeted student groups are included throughout the state.

(d) Organizations currently serving eighth and ninth grade underserved or at risk students that could improve academic levels to “C” or higher in core academic subjects with additional resources.

(e) Organizations that have a high number of students who are at or below a “C” in core academic subjects.

(f) Give preference to organizations that have demonstrated success by improving student academic outcomes.

(6) Each award may be up to $250,000 which shall be given during the following phases based on a detailed budget narrative and budget template:

(a) Planning phase;

(b) Implementation phase; and

(7) Grant recipients shall use funds received for the planning, implementation, and evaluation phases of the grant for activities outlined in the request for proposal.

(8) Grant recipients must be able to expend the funds for allowable purposes specified in the request for proposal within the grant timeline according to acceptable accounting procedures.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.815
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 1-2014, f. & cert. ef. 2-19-14
ODE 23-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14

Or. Admin. R. 581-017-0220 Timelines and Performance Measures

The Oregon Department of Education shall provide award recipients a template for an interim and final grant report. Recipients are required to submit the interim and final report prior to receiving their final request for funds.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.815
ODE 1-2014, f. & cert. ef. 2-19-14
ODE 23-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14

Or. Admin. R. 581-017-0287 Definitions

The following definitions apply to OAR 581-017-0287 to 581-017-0297:

(1) “Annual Pathway Allocation Maximum” means the maximum amount that can be allocated to one district in a given fiscal year as determined by the Department of Education.

(2) “Career Pathway Funding” means the funding allocation established by section 1, chapter 763, Oregon Laws 2015 (Enrolled HB 3072).

(3) “High Demand” means having more than the median number of total (growth plus replacement) openings for statewide or a particular region.

(4) “High Wage” means a wage that is more than the all-industry, all-ownership median wage for statewide or a particular region.

(5) “Historically Underserved student” means an English language learner, a student of color, an economically disadvantaged student or a student with disabilities.

(6) “Industry Credential” means certification that can lead to a high wage and high demand job and has been approved by the Department of Education.

(7) “Pathway to a high wage and high demand job” means a program of study offered in the current school year that provides students with the training necessary for the student to obtain a high wage high and demand job upon graduation, or enroll in post-high school training or education that will lead to a high wage and high demand job.

(8) “Program of Study” means a sequence of courses, aligned to industry standards at the secondary and post-secondary level, that integrates technical and career skill proficiencies with academic content and has been approved by the Oregon Department of Education.

(9) “Qualifying student” means:

(a) A student who earned at least three high school credits in a career and technical education program of study that is a pathway to high wage and high demand jobs;

(b) A student who acquired an industry credential while enrolled in high school in a career and technical education program of study; and

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 25-2015, f. & cert. ef. 12-18-15

Or. Admin. R. 581-017-0291 Purpose

The purpose of the Career Pathway Grant is to fund activities related to career and technical education programs of study that are pathways to high wage high demand jobs.

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 25-2015, f. & cert. ef. 12-18-15

Or. Admin. R. 581-017-0294 Funding

(1) The Department of Education shall determine for each fiscal year the portion of the funds available for the Career Pathway Funding allocation and the annual pathway allocation maximum.

(2) Prior to the allocation in each fiscal year, the Department of Education shall:

(a) Determine which programs of study are pathways to a high wage and high demand job;

(b) Identify qualifying students enrolled in the prior school year at each district; and

(d) For each qualifying student enrolled in a district in the prior school year, the district will earn one point for purposes of the allocation formula in section (4) of this rule. If one qualifying student meets the qualifications of more than one section in 581-017-0287(8), the district will earn more than one point, up to three points total.

(e) The Department shall determine the amount of the allocation to each school district based on the following formula:

Allocation Amount = number of points earned by a school district in the prior school year x (the total amount available for distribution for Career Pathway Funding in a fiscal year / the total number of points in the State in the prior school year), not to exceed the annual pathway allocation maximum.

(f) Funds received by a school district under this section must be separately accounted for and must be distributed to the career and technical education program of study that served the qualifying students for which the funds were received. If a program of study is no longer in existence, the school district may not receive Career Pathway Funds for the qualifying students served by the defunct program.

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 25-2015, f. & cert. ef. 12-18-15

Or. Admin. R. 581-017-0297 Reporting

School districts are responsible for the following reporting to the Oregon Department of Education. Prior to the allocation in each fiscal year, a school district must provide the following written assurances to the Department of Education:

(1) The money received through the career pathway funding allocation will not supplant current funding provided by the district for career and technical education; and

(2) The career technical education teacher, regional coordinator, and school administration will be involved in any decision making regarding how to use the career pathway allocation funds.

(3) Funds received will only be spent on the career and technical education program of study that served the qualifying students for which the funds were received. Prior to the end of each school year, a school district that has received an allocation of the career pathway funding must file with the Department:

(a) An expenditure report; and

(b) Verification that the career pathway funding allocation did not supplant funding provided by the district for career and technical education.

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 25-2015, f. & cert. ef. 12-18-15

Or. Admin. R. 581-017-0301 Definitions

The following definitions apply to 581-017-0301 TO 581-017-0333:

(1) “Achievement Gap” means the gap in achievement (state test scores in science and mathematics as well as postsecondary degree attainment in STEM) that often exists between students who are economically disadvantaged, students learning English as a second language, African American, Hispanic or Native American compared to their peers.

(2) “Authentic Problem-Based Learning” means using real world questions, problems, and tasks—often drawn from local community issues and industries—as the focus to drive the learning experiences, deepen understanding, and developing rich contextual connections across a variety of STEM and non-STEM disciplines.

(3) “Career and Technical Education (CTE)” is a comprehensive educational program for students based on industry needs. CTE includes coursework in areas such as health care, engineering, and computer science.

(4) “Community Engagement” means a broad collaboration and participation between multiple sectors of the community for the mutually beneficial exchange of knowledge and resources to identify local needs and contribute to larger conversations on visioning planning which may include, but not limited to parent groups and advocacy groups, industry and STEM agencies, economic and workforce groups, student input, and educators.

(5) “Education service district” or “ESD” means an education service district as defined in ORS 334.003.

(6) “Effective STEM Instruction” means the use of evidence-based practices that support interconnected, relevant STEM instruction as stated in definition number one.

(7) “Effective STEM Leadership” means identifying schools, school districts, postsecondary institutions, business & industry, student-focused nonprofits and community leadership to support implementing and improving STEM teaching and learning in addition to creating a culture that fosters STEM learning with evidence-based resources. Effective STEM leadership develops an understanding of what effective and interconnected STEM education looks like in the classroom and supports the development of learning environments that empower educators to implement innovative STEM education approaches.

(8) “Effective STEM Learning Environments” means supporting student interaction with STEM education during formal and informal settings in ways that promote deeper understanding of real-world complex concepts. Such learning environments need to engage all students in solving complex problems, using highly interactive learning opportunities that create new opportunities for STEM learning across the core curriculum.

(9) “Oregon Equity Lens” means the Oregon Equity Lens as defined in OAR 581-017-0010.

(10) “Postsecondary Institution” means a:

(a) A community college operated under ORS Chapter 341.

(b) The following public universities within the Oregon University System:

(A) University of Oregon.

(B) Oregon State University.

(D) Oregon Institute of Technology.

(E) Western Oregon University.

(F) Southern Oregon University.

(G) Eastern Oregon University.

(d) An Oregon-based, generally accredited, not-for-profit institution of higher education.

(11) “Regional STEM Hub” means a commitment of a group of key stakeholders from different sectors such as, but not limited to school districts, informal education providers, postsecondary institutions, business & industry, student-focused nonprofits, students, families, community members and policy makers to advance state and local educational goals related to science, technology, engineering, mathematics and career & technical education (CTE).

(12) “Statewide STEM Network” means a supportive collaboration between and across Regional STEM Hubs to share knowledge, expertise, insights, and leadership to assist other communities in their efforts to create similar STEM partnerships.

(13) “STEM Education” means an approach to teaching and lifelong learning that emphasizes the natural interconnectedness of the four separate STEM disciplines. Developing and deepening content knowledge and skills in science and mathematics is the foundation of STEM teaching and learning. The natural connections among science, mathematics and STEM are made explicit through collaboration between educators resulting in real and appropriate context built into instruction, curriculum, and assessment. The common element of problem solving is emphasized across all STEM disciplines allowing students to discover, explore, and apply critical thinking skills as they learn.

(14) “STEM Practitioners” refers to individuals engaged in STEM-related professions such as but not limited to, natural resources management, high-tech manufacturing and product development, information technology, industrial design, health sciences, software, scientific research, engineering, data analytics, etc.

(15) “Student-Focused Nonprofits” means an organization that meets all of the following requirements:

(a) Is established as a nonprofit organization under the laws of Oregon;

(b) Qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code as defined in ORS 314.011; and

(c) Is focused on providing services to students who’s goals or mission are focused on impacting and improving outcomes in STEM education.

(16) “Underserved Students” are students whom systems have placed at risk because of their race, ethnicity, English language proficiency, socioeconomic status, gender, sexual orientation, differently abled, or geographic location.

(17) “Underrepresented Students” in STEM are from demographic groups who’s representation in STEM fields and industries does not mirror regional and national focus populations specifically, women, African American, Native American, Hispanic and Pacific Islander students which systems have provided insufficient or inadequate balance of opportunity.

History

Statutory/Other Authority: ORS 327.820; 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: ORS 327.820; 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 3-2019, minor correction filed 01/09/2019, effective 01/09/2019
ODE 50-2016, f. & cert. ef. 11-1-16
ODE 34-2016, f. & cert. ef. 5-17-16
Reverted to ODE 30-2014, f. & cert. ef. 6-24-14
ODE 15-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16
ODE 30-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-017-0302 Fiscal Agent for CTE and STEM Grants

The following entities shall be eligible to be the fiscal agent for the grants available under 581-017-0301 to 0333:

(1) School districts;

(2) Education service district (ESD) as defined in ORS 334.003;

(3) Public schools;

(4) Public charter schools;

(5) Community Colleges; and

(6) Public Universities.

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 50-2016, f. & cert. ef. 11-1-16

Or. Admin. R. 581-017-0306 Establishment of Regional STEM Hubs

(1) The Regional STEM Hub Grant is established as part of the Connecting to the World of Work Program.

(2) The purposes of these Regional STEM Hubs includes, but is not limited to:

(a) Engage school districts, post-secondary institutions, student-focused nonprofit organizations, business and industry around common outcomes related to increasing students’ proficiency, interest, and attainment in science, technology, engineering and mathematics along with career and technical education.

(b) Align STEM program activities and leverage State and local resources, both financial and human, around common student outcomes to advance the State 40/40/20 goals.

(c) Address ongoing access, opportunity, interest, and attainment gaps for underserved and underrepresented students in STEM consistent with the Oregon Equity Lens.

(d) Engage local communities to elevate the importance of STEM to the prosperity of individuals, and the local and state economy.

(e) Promote effective instructional practices by providing professional learning opportunities and to support educators in ways that are consistent with the implementation of the Common Core State Standards and Oregon Science Standards.

(f) Provide age-appropriate career exploration opportunities in STEM for students along the education continuum including career guidance, tours, and internships.

(g) Expand effective STEM learning experiences for students both in and out of school.

(h) Share knowledge, expertise, insights, and leadership to assist other communities in their efforts to create similar STEM partnerships.

(i) Foster greater coherency across institutions to smooth student transitions and support services along education and career pathways.

(j) Diminish the sense of academic isolation and silos, both locally and statewide.

(k) Increase interactions of STEM practitioners with students and educators.

History

Statutory/Other Authority: ORS 327.820
Statutes/Other Implemented: ORS 327.820
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
Reverted to ODE 30-2014, f. & cert. ef. 6-24-14
ODE 15-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16
ODE 30-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-017-0309 Eligibility of Regional STEM Hubs

The Oregon Department of Education shall allocate funds for Regional STEM Hubs based on the following criteria:

(1) The following entities shall be eligible for the Regional STEM Hub Grant:

(a) Existing STEM Hubs;

(b) School districts;

(d) Student-focused nonprofit organizations;

(e) Postsecondary institutions for the purpose of supporting STEM & CTE education; and

(f) Any of the nine federally recognized Native American Tribes in Oregon.

(2) A Regional STEM Hub must be established by a school district, postsecondary institutions or student-focused nonprofit and is required to include the following additional partners at a minimum:

(a) A School District or ESD,

(b) A Postsecondary Education Partner,

(d) An Industry, Business or STEM focused Community Partner.

(3) A Regional STEM Hub must be able to demonstrative that the Hub has the following five key elements:

(a) A common agenda;

(b) Shared measurement systems;

(d) Continuous communication; and

(e) Backbone support organizations.

History

Statutory/Other Authority: ORS 327.820; 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: ORS 327.820; 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Reverted to ODE 30-2014, f. & cert. ef. 6-24-14
ODE 15-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16
ODE 30-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-017-0312 Criteria of Regional STEM Hubs Awards

(1) The Oregon Department of Education shall establish a solicitation and approval process to be conducted each biennium for which the Regional STEM Hub grant funds for operations support and program support are available. The solicitation and approval process must comply with the requirements of section 1, Chapter 763, Oregon Law 2015 (Enrolled House Bill 3072) and rules adopted to implement that section.

(2) The Oregon Department of Education may only award grants for operations support to Regional STEM Hubs which meet the minimum criteria by having a record of success in, or clearly established plans for, addressing the following:

(a) Establishing a partnership for a Regional STEM Hub consisting of the partners identified in OAR 581-017-0309(2);

(b) Selecting and supporting a backbone organization to coordinate and support the various partners of the Regional STEM Hub and ensure effective communication, a focus on data and outcomes, and alignment of programing to address the STEM-related nees of the community; and

(c) Creating, implementing, and improving a Partnership Plan that guides the vision, goals, strategies, and outcomes of the Regional STEM Hub; incorporates the principles of the Oregon Equity Lens; and contributes to the achievement of the State’s education goals and the STEM-related goals identified by the STEM Investment Council.

(3) The Oregon Department of Education may only award grants for program support to Regional STEM Hubs which meet the minimum criteria by having a record of success in or clearly established plans for addressing the following:

(a) An established Regional STEM Hub with a formalized and approved Partnership Plan, and contributions by partners of human, material, and financial resources;

(b) An established backbone organization to coordinate and support the various partners of the Regional STEM Hub and ensuring effective communication, a focus on data & outcomes, and aligning programming to address the STEM-related needs of the community; and

(c) An approved Partnership Plan that guides the vision, goals, strategies, and outcomes of the Regional STEM Hub; incorporates the principles of the Oregon Equity Lens; and contributes to the achievement of the State’s education goals and the STEM-related goals identified by the STEM Investment Council.

History

Statutory/Other Authority: ORS 327.820; 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: ORS 327.820; 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 50-2016, f. & cert. ef. 11-1-16
ODE 34-2016, f. & cert. ef. 5-17-16
Reverted to ODE 30-2014, f. & cert. ef. 6-24-14
ODE 15-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16
ODE 30-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-017-0315 Implementation of Grant Funding of Regional STEM Hubs

(1) The Oregon Department of Education shall allocate funds to support the operations and programs of expanding and newly established Regional STEM Hubs.

(2) The Department of Education, in collaboration with the STEM Council, shall determine for each biennium the portion of the funds available for operations support and program support grants.

(3) Grantees and the associated Regional STEM Hub will be expected to:

(a) Participate in data collection and reporting progress against agreed upon outcomes determined by the STEM Investment Council, and the Oregon Department of Education;

(b) Engage in mutually reinforcing activities for improving STEM/CTE education with partners within and outside the formal education system;

(c) Engage in collaboration and communication, within and between Regional STEM Hubs, including regular coordination calls, site visits, and convenings; and

(d) Identify and select a backbone organization to coordinate and support the various partners of the Regional STEM Hub and ensuring effective communication, a focus on data & outcomes, and aligning programming to address the STEM-related needs of the community.

History

Statutory/Other Authority: ORS 327.820; 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: ORS 327.820; 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
Reverted to ODE 30-2014, f. & cert. ef. 6-24-14
ODE 15-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16
ODE 30-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-017-0318 Reporting of Regional STEM Hubs

(1) The Department of Education shall develop partnership-reporting requirements for allocation of funds for implementation of Regional STEM Hubs.

(2) The Department of Education, in collaboration with the STEM Investment Council and the committee established under ORS 344.075, shall submit a biennial report to the Legislative Assembly related to distributions made under this section. The report must include metrics that identify how distributions made under this section are contributing to the development of a skilled workforce that is able to secure high wage and high demand jobs.

History

Statutory/Other Authority: ORS 327.820; 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: ORS 327.820; 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 50-2016, f. & cert. ef. 11-1-16
ODE 34-2016, f. & cert. ef. 5-17-16
Reverted to ODE 30-2014, f. & cert. ef. 6-24-14
ODE 15-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16
ODE 30-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-017-0321 Establishment of the STEM Innovation Grants

The purpose of the STEM Innovation Grant Program is to award grants that expand the implementation of effective programs relating to science, technology, engineering, and mathematics, that:

(1) Propose innovative approaches to STEM-based education; or

(2) Provide professional development relating to science, technology, engineering, and mathematics.

History

Statutory/Other Authority: ORS 327.820; 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: ORS 327.820; 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 18-2016, f. & cert. ef. 3-22-16
ODE 34-2015(Temp), f. 12-23-15, cert. ef. 12-28-15 thru 4-1-16
ODE 30-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-017-0324 Eligibility of STEM Innovation Grant

The Oregon Department of Education shall allocate funds for the STEM Innovation Grant. The following entities are able to apply for the STEM Innovation Grant:

(1) STEM Hubs;

(2) School districts;

(3) Education service districts as defined in ORS 334.003

(3) Public schools;

(4) Public charter schools;

(5) Student-focused nonprofit organizations who are in partnership with an eligible fiscal agent under OAR 581-017-0302; or

(4) Post-secondary institutions who are, or are in partnership with, an eligible fiscal agent under OAR 581-017-0302.

History

Statutory/Other Authority: ORS 327.820; 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: ORS 327.820; 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 18-2016, f. & cert. ef. 3-22-16
ODE 34-2015(Temp), f. 12-23-15, cert. ef. 12-28-15 thru 4-1-16
ODE 30-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-017-0327 Criteria of STEM Innovation Grant

(1) The Oregon Department of Education shall establish a request for proposal, application, or direct grant solicitation and approval process to be conducted each biennium for which the STEM Innovation Grant funds are available.

(2) Eligible recipients will focus on STEM related education with a specific agenda that demonstrates a record of success or clearly established plans for addressing the following through innovative approaches:

(a) Closing the achievement gap for students who are historically underserved students or underrepresented in STEM or both with innovative approaches;

(b) Supporting effective implementation of Oregon’s academic standards and relevant technical skills;

(d) Engaging all students in meaningful, authentic problem-based learning.

(b) The Department shall give priority to proposals that meet the minimum criteria and clearly demonstrates how the grant funds will be used to address the following:

(A) Establish how underserved and underrepresented students will be engaged and have increased learning opportunities;

(B) Support new or expand STEM programs and activities;

(D) Collaborate with local business and industry partners or Regional STEM Hubs or both.

(3) The Department of Education may consider the geographic location of grant applicants to ensure geographic diversity within the recipients of grant program funds throughout the state.

(4) Eligible recipients must have a comprehensive system for measuring students’ quantitative and qualitative outcomes.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 4 (Enrolled HB 3232)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 4 (Enrolled HB 3232)
ODE 18-2016, f. & cert. ef. 3-22-16
ODE 34-2015(Temp), f. 12-23-15, cert. ef. 12-28-15 thru 4-1-16
ODE 30-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-017-0330 Implementation of STEM Innovation Grant

(1) The Oregon Department of Education, in collaboration with the STEM Council, shall determine for each biennium the funds available for the STEM Innovation Grants.

(2) STEM Innovation Grant funds received by a grantee must be separately accounted for and may be used only to provide funding for the purposes described in the application of the grant recipient.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 4 (Enrolled HB 3232)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 4 (Enrolled HB 3232)
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 18-2016, f. & cert. ef. 3-22-16
ODE 34-2015(Temp) f. 12-23-15, cert. ef. 12-28-15 thru 4-1-16
ODE 30-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-017-0333 Reporting of STEM Innovation Grant

Recipients of the STEM Innovation Grant must report on the grant to the Department of Education. The report must include metrics developed by the Department of Education, in collaboration with the STEM Council.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 4 (Enrolled HB 3232)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 4 (Enrolled HB 3232)
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 18-2016, f. & cert. ef. 3-22-16
ODE 34-2015(Temp), f. 12-23-15, cert. ef. 12-28-15 thru 4-1-16
ODE 30-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-017-0335 Definitions and Establishment of STEM Lab Schools

(1) The following definitions apply to 581-017-0335 TO 581-017-0347:

(a) “Achievement Gap” means the gap in achievement (state test scores in science and mathematics as well as postsecondary degree attainment in STEM) that often exists between students who are economically disadvantaged, students learning English as a second language, African American, Hispanic or Native American compared to their peers.

(b) “Authentic Problem-Based Learning” means using real world questions, problems, and tasks — often drawn from local community issues and industries — as the focus to drive the learning experiences, deepen understanding, and developing rich contextual connections across a variety of STEM and non-STEM disciplines.

(c) “Career and Technical Education (CTE)” is a comprehensive educational program for students based on industry needs. CTE includes coursework in areas such as health care, engineering, and computer science.

(d) “Community Engagement” means a broad collaboration and participation between multiple sectors of the community for the mutually beneficial exchange of knowledge and resources to identify local needs and contribute to larger conversations on visioning planning which may include, but not limited to parent groups and advocacy groups, industry and STEM agencies, economic and workforce groups, student input, and educators.

(e) “Effective STEM Instruction” means the use of evidence-based practices that support interconnected, relevant STEM instruction as stated in definition number fourteen.

(f) “Effective STEM Leadership” means identifying schools, school districts, postsecondary institutions, business & industry, student-focused nonprofits and community leadership to support implementing and improving STEM teaching and learning in addition to creating a culture that fosters STEM learning with evidence-based resources. Effective STEM leadership develops an understanding of what effective and interconnected STEM education looks like in the classroom and supports the development of learning environments that empower educators to implement innovative STEM education approaches.

(g) “Effective STEM Learning Environments” means supporting student interaction with STEM education during formal and informal settings in ways that promote deeper understanding of real-world concepts. Such learning environments must engage all students in solving complex problems, using highly interactive learning opportunities that create new opportunities for STEM learning across the core curriculum.

(h) “Oregon Equity Lens” means the equity lens as defined in OAr 581-017-0010.

(i) “Postsecondary Institution” means:

(A) A community college operated under ORS Chapter 341.

(B) The following public universities within the Higher Education Coordinating Council:

(i) University of Oregon.

(ii) Oregon State University.

(iii) Portland State University.

(iv) Oregon Institute of Technology.

(v) Western Oregon University.

(vi) Southern Oregon University.

(vii) Eastern Oregon University.

(viii) Oregon Health and Science University.

(j) “Regional STEM Hub” means a commitment of a group of key stakeholders from different sectors such as, but not limited to school districts, informal education providers, postsecondary institutions, business & industry, student-focused nonprofits, students, families, community members and policy makers to advance state and local educational goals related to science, technology, engineering, mathematics and career & technical education (CTE).

(k) “School” means a public middle school, high school, community college, or postsecondary institution offering a comprehensive instructional program. A school may include a discreet comprehensive instructional program within a larger school or college.

(l) “Statewide STEM Network” means a supportive collaboration between and across Regional STEM Hubs to share knowledge, expertise, insights, and leadership to assist other communities in their efforts to create similar STEM partnerships.

(m) “STEAM Education” means the incorporation of strategies to enhance science, technology, engineering and mathematics (STEM) education by integrating art and design, and promoting creative possibilities.

(n) “STEM Education” means an approach to teaching and lifelong learning that emphasizes the natural interconnectedness of the four separate STEM disciplines which mirrors the practices and rich contexts of STEM practitioners. Developing and deepening content knowledge and skills in science and mathematics is the foundation of STEM teaching and learning. The natural connections among science, mathematics and STEM are made explicit through collaboration between educators resulting in authentic and appropriate context built into instruction, curriculum, and assessment. The common element of problem solving is emphasized across all STEM disciplines allowing students to discover, explore, and apply critical thinking skills as they learn.

(o) “STEM Lab School” means to establish a school that has a student-centered school culture of inquiry with meaningful and authentic learning environments that integrate STEM and/or STEAM education aligned with state, national and industry standards. This cutting-edge learning center will deepen connections between other educational institutions, business, industry, out-of-school educators, and the local community to create and promote STEM career pathways for students. An intentional focus of a lab school is to support the professional learning of current and future educators, the implementation of innovative education models, and educational research in a manner that increases knowledge and capacity of systems and institutions beyond the school itself.

(p) “STEM Practitioners” refers to individuals engaged in STEM-related professions such as but not limited to, natural resources management, high-tech manufacturing and product development, information technology, industrial design, health sciences, software, scientific research, engineering, data analytics, etc.

(q) “Student-Focused Nonprofits” means an organization that meets all of the following requirements:

(A) Is established as a nonprofit organization under the laws of Oregon;

(B) Qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code as defined in ORS 314.011; and

(C) Is focused on providing services to students or educators whose goal or mission is focused on improving student outcomes in STEM education.

(r) “Underserved Students” are students whom systems have placed at risk because of their race, ethnicity, English language proficiency, socioeconomic status, gender, sexual orientation, differently abled, or geographic location.

(s) “Underrepresented Students” in STEM are from demographic groups whose representation in STEM fields and industries does not mirror regional and national focus populations specifically, women, African American, Native American, Hispanic and Pacific Islander students which systems have provided insufficient or inadequate balance of opportunity.

(2) The STEM Lab Schools Grant is established as part of the Connecting to the World of Work Program.

(3) The purpose of the STEM Lab School Grant is to:

(a) Engage middle school, high school and/or community college students in authentic, inquiry-based learning environments that increase experiential learning opportunities focused on Science, Technology, Engineering, and Mathematics (STEM) education and design-related industries to improve, enhance, and enrich students’ problem-solving capabilities and to foster 21st Century Skills.

(b) Address ongoing access, opportunity, interest and attainment gaps for underserved and underrepresented students in STEM and design-related industries consistent with the Equity Lens.

(c) Promote more effective STEM and design-related industries instructional practices consistent with Common Core State Standards, Oregon State Science Standards and Oregon State Arts Standards by offering educator professional learning opportunities.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.820
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 31-2014, f. & cert. ef. 6-24-14
ODE 2-2014(Temp), f. & cert. ef. 2-19-14 thru 8-17-14

Or. Admin. R. 581-017-0338 Eligibility of STEM Lab Schools

(1) The Oregon Department of Education may allocate funds for STEM Lab Schools to the following entities:

(a) Public Schools;

(b) School districts;

(d) Postsecondary institutions for the purpose of supporting STEM education.

(2) A single grant proposal may include more than one eligible applicant and other entities but the lead agency for the proposal must be one of entities listed in subsection (1) of this rule.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.820
ODE 31-2014, f. & cert. ef. 6-24-14
ODE 2-2014(Temp), f. & cert. ef. 2-19-14 thru 8-17-14

Or. Admin. R. 581-017-0341 Criteria of STEM Lab Schools

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted each biennium for which the STEM Lab School grant funds are available. All proposals must comply with the requirements of ORS 327.800 and 327.820 and rules adopted to implement those statutes.

(2) Eligible public schools, school districts, postsecondary institutions, and student-focused nonprofit organizations will focus on STEM education and design-related industry with a specific agenda that demonstrates a record of success or clearly established plans for addressing the following:

(a) Closing the achievement gap for underserved students and those underrepresented in STEM fields with innovative approaches.

(b) Support effective implementation of the Common Core State Standards, the Oregon State Science Standards and the Oregon State Arts Standards.

(d) Engage students in meaningful, authentic, problem-based learning that will support the Oregon’s 40-40-20 goal.

(e) Provide professional learning opportunities that support educator effectiveness.

(3) Eligible public schools, school districts, student-focused nonprofit organizations, and post-secondary institutions must have a comprehensive system for measuring students’ quantitative and qualitative outcomes, provide documented data and ensure that the resources received will be used to provide STEM career pathway opportunities to students.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.820
ODE 31-2014, f. & cert. ef. 6-24-14
ODE 2-2014(Temp), f. & cert. ef. 2-19-14 thru 8-17-14

Or. Admin. R. 581-017-0344 Implementation of Grant Funding of STEM Lab Schools

(1) The Oregon Department of Education shall allocate funds to support STEM Lab Schools.

(2) Each grantee may receive funds between $300,000 and $700,000 for use during the 2013–2015 biennium.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.820
ODE 31-2014, f. & cert. ef. 6-24-14
ODE 2-2014(Temp), f. & cert. ef. 2-19-14 thru 8-17-14

Or. Admin. R. 581-017-0347 Reporting of STEM Lab Schools

The Department of Education shall develop partnership-reporting requirements for allocation of funds for implementation of STEM Lab Schools.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.820
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 31-2014, f. & cert. ef. 6-24-14
ODE 2-2014(Temp), f. & cert. ef. 2-19-14 thru 8-17-14

Or. Admin. R. 581-017-0350 Definitions

The following definitions apply to OAR 581-017-0350 to 581-017-0362:

(1) “Consortium” means the equal partnership developed to form the cross-sector collaboration between eligible educational institutions.

(2) “Opportunity Gap” means the gap in opportunities that often exists between students who are economically disadvantaged, students with disabilities, students learning English as a second language, African American, Hispanic or Native American when compared to their peers who do not share these characteristics. This can often lead to a gap in achievement (state test scores in reading, writing, and mathematics as well as diploma and post-secondary degree attainment).

(3) “Postsecondary Institution” means:

(a) A community college operated under ORS chapter 341 or,

(b) The following public universities:

(A) University of Oregon

(B) Oregon State University

(D) Oregon Institute of Technology

(E) Western Oregon University

(F) Southern Oregon University

(G) Eastern Oregon University

(H) Oregon Health and Science University

(4) ”Private post-secondary institution” means an Oregon-based, general accredited, not-for-profit institution of higher education.

(5) ”Significant population” means to serve the majority of underserved students within the consortiums region.

(6) ”Underserved student” means a student (English language learner, student of color, an economically disadvantaged student or a student with disabilities) who has not historically taken high school accelerated courses and may not have considered enrolling in a post-secondary education program.

(7) ”Variety” means students having access to a choice of courses offered in core academic subjects, in different forums (which include yet are not limited to distance learning, high school campus, college campus, by proficiency assessment or through credit for prior learning), that are eligible for transfer.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.820
ODE 10-2016, f. & cert. ef. 2-5-16
ODE 17-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-14-16
ODE 29-2014, f. & cert. ef. 6-24-14
ODE 3-2014(Temp), f. & cert. ef. 2-19-14 thru 8-17-14

Or. Admin. R. 581-017-0353 Regional Promise Grant Program Establishment

(1) The Regional Promise Grant is established as part of the Connecting the World to Work Program Strategic Investment under ORS 327.820.

(2) The purposes of the grant are to:

(a) Connect students to the World of Work and post-secondary education/training opportunities;

(b) Develop consortiums of school districts, education service districts and post-secondary institutions of higher education committed to developing innovative and flexible pathways for students in grades 6 through 12 and in community colleges; and

(c) Distribute moneys to consortia that include at least three school districts, at least one education service district, and at least one public post-secondary institution of higher education to design and deliver individualized, innovative and flexible ways of delivering content, awarding high school and college credit, and increasing the number of historically underserved students participating in accelerated college credit courses.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.820
ODE 10-2016, f. & cert. ef. 2-5-16
ODE 29-2014, f. & cert. ef. 6-24-14
ODE 3-2014(Temp), f. & cert. ef. 2-19-14 thru 8-17-14

Or. Admin. R. 581-017-0356 Eligibility

The Department of Education shall allocate funds for the Regional Promise Program grant to consortia that consist of at least three school districts, at least one education service district, and at least one public post-secondary institution.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.820
ODE 10-2016, f. & cert. ef. 2-5-16
ODE 29-2014, f. & cert. ef. 6-24-14
ODE 3-2014(Temp), f. & cert. ef. 2-19-14 thru 8-17-14

Or. Admin. R. 581-017-0359 Implementation of Grant Funding

(1) The Department of Education will make awards between $300,000 and $750,000 (adjusted by justifiable need) for replication of the Eastern Promise program.

(2) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted for the Regional Promise program funds. All proposals will comply with the requirements of ORS 327.800 and 327.820(3)(a)(D) and rules adopted to implement those sections.

(3) Awards will be based on the following criteria:

(a) Whether the proposal identifies how the funds will be used to reach the 40-40-20 goal by using a regional approach and strengthening relationships and aligning outcomes and expectations across education sectors to implement the 5 main components of the Regional Promise Program (based on the 5 pillars of Eastern Promise).

(b) Whether the applicant proposal demonstrates support, commitment and readiness to design or revise programming specifically targeted at closing opportunity gaps.

(c) Whether there is a commitment to cross-sector collaboration between education service district(s), school districts, and post-secondary institutions of higher education.

(d) Whether there is a commitment and capacity to provide students with a variety of accelerated learning opportunities, such as on-campus experiences, dual credit, Advanced Placement, International Baccalaureate, and to ensuring students receive support and specific instruction around the knowledge, skills and behaviors necessary to be successful in college-level coursework.

(e) Whether there is a commitment and capacity to develop cross-sector professional learning, including faculty and teachers from post-secondary institution and ESD/high schools of like disciplines. The consortium will ensure that all levels of instruction are represented and participate in discussing and establishing the appropriate curriculum, instruction, and parallel assessment to measure outcomes.

(f) Whether there is a commitment and capacity to foster a college-going culture, which refers to the environment, attitudes, and practices in schools and communities that encourage students and their families to obtain the information, tools, and perspective to enhance access to and success in postsecondary education. The applicant should describe a plan for one or more, programs servicing students, beginning in middle grades, that:

(A) Helps students learn about options for their future, careers and the education they require;

(B) Convey the expectation that all students can prepare for the opportunity to attend and be successful in post-secondary education; and

(4) The Department shall give priority to proposals that meet the minimum criteria and:

(a) Previously funded projects that will use the grant to ensure sustainability of the program.

(b) The extent to which the applicant clearly documents its capacity to implement and carry out programming.

(5) The Department of Education shall allocate funds for the grant program based on the evaluation of the grant application and the following considerations:

(a) Programs representing the five main components of the Regional Promise Program.

(b) Competitive priority will be given to applications that include both a local community college and a 4-year university in their consortium.

(c) Programs that exhibit innovative and flexible ways of delivering content, awarding high school and college credit and providing development education for students in high school or in the first two years of post-secondary education.

(d) The number of students the Regional Promise Program will serve.

(e) Programs with a detailed process to identify, enroll, support and retain underserved students.

(f) Programs that have a high level of underserved students who historically have not taken college credit in high school.

(g) Geographic locations of the program organization to ensure geographic representation of the targeted student groups are included throughout the state.

(6) Each award may be between $300,000 and $750,000.

(7) Grant recipients shall use funds received for the planning, implementation, and evaluation of the grant for activities outlined in the request for proposal.

(8) Grant recipients must be able to expend the funds for allowable purposes specified in the request for proposal within the grant timeline according to acceptable accounting procedures.

(9) Grant recipients will document and account for each student participating in, enrolled in, and completing accelerated college courses supported by the grant before the final distribution of grant funds.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.820
ODE 10-2016, f. & cert. ef. 2-5-16
ODE 29-2014, f. & cert. ef. 6-24-14
ODE 3-2014(Temp), f. & cert. ef. 2-19-14 thru 8-17-14

Or. Admin. R. 581-017-0362 Timelines and Performance Measures

The Regional Promise program shall provide award recipients a template for an interim, legislative, and final grant report. Recipients are required to submit the all reports and teacher and student data prior to their final request for funds.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.820
ODE 10-2016, f. & cert. ef. 2-5-16
ODE 17-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-14-16
ODE 29-2014, f. & cert. ef. 6-24-14
ODE 3-2014(Temp), f. & cert. ef. 2-19-14 thru 8-17-14

Or. Admin. R. 581-017-0365 Definitions: Tribal Attendance Promising Practices

The following definitions apply to OAR 581-017-0365 to 581-017-0375:

(1) “American Indian”/Alaska Native means persons having origins in any of the original peoples of North and South America (including Central American) and who maintain tribal affiliation or community attachment.

(2) “Tribe” means:

(a) The Confederated Tribes of the Warm Springs Indian Reservation.

(b) The Confederated Tribes of the Umatilla Indian Reservation.

(d) The Confederated Tribes of Siletz Indians of Oregon.

(e) The Confederated Tribes of the Grand Ronde.

(f) The Cow Creek Band of Umpqua Indians.

(g) The Confederated Coos, Lower Umpqua and Siuslaw Tribes.

(h) The Klamath Tribe.

(i) The Coquille Tribe.

(3) “Tribal(ly) enrolled” means an individual who is recognized as a member of one of the Oregon nine federally recognized tribal governments.

(4) “Chronic absenteeism” means missing 10% or more of school days in an academic year.

(5) “Family/community advocate” means a community-based individual hired in collaboration with the designated tribe to develop strategies and partnerships with relevant community resources to staff and implement the attendance project in the designated school district

(6) “Non-profit organization” means:

(a) An organization established as a nonprofit organization under the laws of Oregon; and

(b) Qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code as defined in ORS 314.011.

(7) “Title VII Indian Education” means a federally funded program receiving United States Department of Education Title VII — Indian, Native Hawaiian, and Alaska Native Education funding.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 156-2019, minor correction filed 12/17/2019, effective 12/17/2019
ODE 26-2016, f. & cert. ef. 4-7-16

Or. Admin. R. 581-017-0367 Establishment: Tribal Attendance Promising Practices

(1) The Tribal Attendance Promising Practices is established to support collaboration between tribes and school districts in efforts to design, implement, and improve the attendance of American Indian/Alaska Native students in schools.

(2) The Department of Education shall award non-competitive grants to qualified applicants.

(3) The grant funds will be used to hire a family advocate position that would work to create effective strategies to reduce absenteeism for American Indian Alaska Native students in a preselected school or schools. Grant recipients shall use best practice concepts which include the following five components:

(a) Recognizing good and improved attendance;

(b) Engaging students and parents in school culture;

(d) Providing personalized early intervention and outreach supports; and

(e) Development of programmatic responses to identified barriers as needed.

(4) Additional expectations of the grant will focus on planning, implementing, and monitoring the strategies applied to reduce chronic absenteeism. These strategies should include these goals:

(a) Robust collaboration between tribe and school district;

(b) Strengthening relationships between school district, local community services, and federally recognized tribal government programs;

(c) Improving the attendance of American Indian/Alaska Native students, and positive impact to the entire school community around regular attendance; and

(d) Development, implementation, monitoring, and dissemination of best practices in an effort to reduce chronic absenteeism and overcome barriers to regular attendance.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 154-2019, amend filed 12/16/2019, effective 12/16/2019
ODE 26-2016, f. & cert. ef. 4-7-16

Or. Admin. R. 581-017-0369 Eligibility: Tribal Attendance Promising Practices

(1) To be eligible to receive Tribal Attendance Promising Practices funds, a qualified applicant must:

(a) Be a school district identified by one of the tribes.

(b) Be prepared to enter into an inclusive partnership with the designating tribe.

(d) Track and disseminate attendance data with the Department of Education and tribal representatives.

(2) Qualified applicants must be available to work with the consulting team provided by the Department to receive guidance and support.

(3) A single grant may be used to serve more than one school as long as the program goals can be met by the single hire (1.0 FTE) in the course of a normal (40 hour) work week.

(4) The Department shall monitor the programs, provide technical assistance and training, support parental outreach, provide coordination of efforts, develop and report out lessons learned and best practices, and implement a broad-based messaging campaign about the importance of school attendance.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 154-2019, amend filed 12/16/2019, effective 12/16/2019
ODE 26-2016, f. & cert. ef. 4-7-16

Or. Admin. R. 581-017-0371 Criteria: Tribal Attendance Promising Practices

(1) The Oregon Department of Education shall establish a request for participation and develop criteria to gauge full participation in the Tribal Attendance Promising Practices grant program. All proposals must comply with the requirements of OAR 581-017-0365 to 581-017-0375.

(2) The Department shall award grants on the following criteria:

(a) Whether the grant application identifies how the district will partner with the local tribe, tribal representatives, and families to improve attendance for American Indian/Alaska Native students;

(b) Whether the grant application describes a strong and robust plan to meet the needs of American Indian/Alaska Native students and families to reduce chronic absenteeism;

(d) Whether the grant application demonstrates how district and community partners will collaborate on a mutually designed proposal in which all essential parties participate;

(e) Whether the grant application meets the requirements of OAR 581-017-0365 to 581-017-0375; and

(f) Whether the grant application clearly documents the school district’s and tribe’s capacity to implement and carry out programming and services for the Tribal Attendance Pilot Project and demonstrates intentions to work in a collaboration with identified partners.

(3) A grant application must include a description of how the school district and tribe will collaborate with other governmental entities and private organizations to meet the goals of the grant, including, not limited to:

(a) Title VII Indian Education Programs;

(b) Post-secondary institutions;

(d) Health providers and consortia;

(e) Advocacy organizations, and other private, non-profit, business, and faith-based organizations as appropriate;

(f) Juvenile justice, police, parole and probation, and other needed enforcement agencies;

(g) Counseling, mental health, and other social service providers; and

(h) Food banks and nutrition specialists.

(4) A grant application must include a description of a plan for communication with families that is regular, uses diverse media channels and shares student achievement status and goals.

(5) A grant application must include an Attendance Project Plan that:

(a) Reflects relevant research and practices;

(b) Uses and monitors local data;

(d) Engages students and parents;

(e) Provides personalized early intervention and outreach; and

(f) Develops programmatic responses to barriers (as needed).

(6) A grant application must provide a sustainability plan to continue the program for at least two years after the grant funding has ended.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 154-2019, amend filed 12/16/2019, effective 12/16/2019
ODE 26-2016, f. & cert. ef. 4-7-16

Or. Admin. R. 581-017-0373 Funding: Tribal Attendance Promising Program

(1) The Department will equally award grants to based on participation per Tribal Attendance Promising Practices site as selected by one of the nine federally recognized tribes in Oregon. If a Tribal Attendance Promising Practices site either does not participate in the grant or does not meet the requirements of the grant, monies designated for that Tribal Attendance Promising Practices site may be distributed equally among the other a Tribal Attendance Promising Practices sites even if the sites have already received the maximum award under this subsection. ODE will retain funds to create a broad-based messaging campaign and provide technical support and training for family advocates.

(2) Grantees shall use funds received for activities outlined in the participation proposal including the hiring of community-based family advocate(s) based on their particular district need.

(3) Grantees must be able to expend the funds for allowable purposes specified in the request for proposal within the grant timeline according to acceptable accounting procedures.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 154-2019, amend filed 12/16/2019, effective 12/16/2019
ODE 15-2018, amend filed 05/29/2018, effective 05/30/2018
ODE 26-2016, f. & cert. ef. 4-7-16

Or. Admin. R. 581-017-0375 Reporting: Tribal Attendance Promising Practices

(1) Grant recipients will provide detailed responses to surveys and questionnaires as developed by theOregon Department of Education no more than five (5) times during the grant cycle.

(2) The Oregon Department of Education shall provide grant recipients a template for an initial report, an interim report and a Final Review report that includes a detailed narrative prior to receiving the final funds. Grant recipients will participate in symposiums and share best practices as requested by the Oregon Department of Education nor more than two (2) times during the grant cycle.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 154-2019, amend filed 12/16/2019, effective 12/16/2019
ODE 15-2018, amend filed 05/29/2018, effective 05/30/2018
ODE 26-2016, f. & cert. ef. 4-7-16

Or. Admin. R. 581-017-0380 Definitions

The following definitions apply to OAR 581-017-0380 to 581-017-0395:

(1) “K–12 Biliteracy Pathways Grant” means the Grant established in OAR 581-017-0383 to implement ORS 336.079.

(2) “K–12 Biliteracy Pathway” means an educational program that begins in at least Kindergarten and continues through grade 12 that promotes biliteracy outcomes and provides students who complete this pathway with the skills necessary to earn a State Seal of Biliteracy. For the purposes of this grant, these pathways must include an existing dual language program that:

(a) Already serves students at the elementary school level;

(b) Also operates at or there are plans for expansion to the middle and high school level; and

(3) “Dual language program” means any program that provides literacy and content instruction to all students through two languages and that promotes bilingualism and biliteracy, grade-level academic achievement, and multicultural competence for all students. This grant is intended to support dual language programs that are primarily designed to serve English Learners. These types of dual language programs are commonly referred to as two-way immersion, developmental bilingual, and heritage language programs.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 336.079
ODE 1-2016, f. & cert. ef. 2-5-16
ODE 14-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16

Or. Admin. R. 581-017-0383 Establishment

There is established the K–12 Biliteracy Pathways Grant, which is intended to support Oregon public school districts or public charter schools to develop and implement model dual language programs and K–12 Biliteracy Pathways. This includes improving existing K–12 dual language programs, as well as expanding well-implemented elementary programs into middle and high school.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 336.079
ODE 1-2016, f. & cert. ef. 2-5-16
ODE 14-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16

Or. Admin. R. 581-017-0386 Eligibility

(1) The following entities shall be eligible to receive the K–12 Biliteracy Pathways Grant:

(a) School districts

(b) Public charter schools; and

(c) Consortium of school districts, public charter schools or an Education Service District (ESD). Each consortium must have at least one school district or public charter school as a member.

(2) A single grant proposal may include more than one eligible applicant.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 336.079
ODE 1-2016, f. & cert. ef. 2-5-16
ODE 14-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16

Or. Admin. R. 581-017-0389 Criteria

(1) The Oregon Department of Education (ODE) shall establish a request for proposal solicitation and approval process to be conducted each biennium for which the K–12 Biliteracy Pathways Grant funds are available.

(2) Grants shall be awarded based on the following criteria:

(a) Whether the grant application identifies how English Learners enrolled in the applicants school(s) will benefit from the proposed K–12 Biliteracy Pathway

(b) Whether the grant application demonstrates school district or public charter school support, commitment and readiness to design K–12 Biliteracy Pathways Grant program.

(3) ODE shall give priority to proposals that meet the minimum criteria and:

(a) Provide a sustainability plan to continue to the program for at least two additional years after the grant period ends.

(b) The extent to which the applicant clearly documents its capacity to implement a model K–12 Biliteracy Pathway, including demonstrated intentions to work in a collaborative way with other grantees.

(4) ODE shall allocate funds for the grant program based on the evaluation of the grant application and the following considerations:

(a) Geographic location of district to insure geographic diversity within the recipients of grant program funs throughout the state;

(b) Districts who have a high level of students who are economically disadvantaged and;

(c) Give preference to districts or schools that have demonstrated success in improving student outcomes, particularly for English Learners.

(5) ODE may also provide funding on a non-competitive basis to previous Dual Language Grant recipients for the purposes of fostering K–12 Biliteracy Pathways at these sites and to support a more complete evaluation of dual language programs and K–12 Biliteracy Pathways across the state.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 336.079
ODE 1-2016, f. & cert. ef. 2-5-16
ODE 14-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16

Or. Admin. R. 581-017-0392 Funding

(1) Each grantee who is awarded a competitive K–12 Biliteracy Grant based on the criteria identified in OAR 581-017-0389(1) to (4) may receive up to $120,000 for the biennium.

(2) Each grantee who is awarded a non-competitive K–12 Biliteracy Grant based on the criteria identified in OAR 581-017-0389(5) may receive up to $40,000 for the biennium.

(3) Grantees shall use funds for planning, implementation and evaluation activities associated with the development and/or improvement of their dual language program into a model for statewide replication, and shall engage administrators, teachers, parents and the community in the design, implementation and evaluation of the program with a focus on building school and school district capacity to sustain efforts.

(4) Grantees must be able to expend the funds for allowable purposes specified in the request for proposal within the grant timeline according to acceptable accounting procedures.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 336.079
ODE 1-2016, f. & cert. ef. 2-5-16
ODE 14-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16

Or. Admin. R. 581-017-0395 Reporting

The Oregon Department of Education shall provide to grant recipients a template for an interim and final grant report. Grantees are required to submit a final report prior to receiving their final request for funds.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 336.079
ODE 1-2016, f. & cert. ef. 2-5-16
ODE 14-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16

Or. Admin. R. 581-017-0430 Noncompetitive Farm-to-School Grant for Reimbursement of Oregon Foods

(1) As used in this section:

(a) “Education service district” has the meaning given that term in ORS 334.003.

(b) “Eligible entity” means a school district, a provider of center-based programs for children, or a service institution.

(c) “Food processed in the State of Oregon” includes but is not limited to foods that were baked, frozen, ground, canned, or milled in the State of Oregon.

(d) “Food produced in the State of Oregon” includes but is not limited to foods that were grown, caught, harvested, or raised in the State of Oregon.

(e) “Minimally processed” means that the food product was processed in a manner that does not fundamentally alter the product and the product retains its inherent character. The term includes, but is not limited to, butchering livestock and poultry, cleaning fish, dicing meats, slicing produce, forming ground food products into patties, grinding meats, drying or dehydrating food products, and washing produce.

(f) “Provider of center-based programs for children” means a child care center certified by the Office of Child Care, a Head Start center, an Oregon prekindergarten program, a school district, or an education service district that both provides non-residential child care services to enrolled children and participates in the federal Child and Adult Care Food Program.

(g) “Service institution” means a public or private nonprofit school, a public or private nonprofit residential summer camp, or other program sponsor that participates in the federal Summer Food Service Program.

(h)(A) “School district” means an Oregon common school district, joint school district, union high school district, or public charter school.

(B) “School district” does not include an education service district.

(2) The purpose of the noncompetitive Oregon Farm-to-School grant for Reimbursement of Oregon foods is to assist eligible entities with paying the costs they incur purchasing foods that were:

(a) Produced in the State of Oregon;

(b) More than minimally processed in the State of Oregon; or

(3) An eligible entity which receives a noncompetitive Oregon Farm-to-School grant for Reimbursement of Oregon foods may reserve up to twenty-five percent of the total amount awarded for all reasonable costs incurred including:

(a) Growing, harvesting, processing, packaging, sourcing, or transporting food produced or processed in the State of Oregon, including but not limited to purchasing supplies, labor costs, and mileage; grantees may partner with other entities to provide this support.

(b) Providing education to children about foods produced or processed in the State of Oregon; and

(4) The purchase of certain foods produced or processed in the State of Oregon may not be supplanted with grant funds. The department shall develop and publish a list of those foods. Recipients of a noncompetitive Oregon Farm-to-School grant for Reimbursement of Oregon Foods may not use their grants to supplant purchases of foods produced or processed in the State of Oregon that are included on the current list of ineligible foods published by the department.

(5) Recipients of a noncompetitive Oregon Farm-to-School grant for Reimbursement of Oregon Foods must deposit the grant funds they receive in an account that is separate from their nonprofit food service account, or assign those funds a separate account or index number.

(6)(a) For purposes of this subsection, “reimbursable meal” means a reimbursable breakfast, lunch, snack, or supper that is provided by an eligible entity through the federal National School Lunch, Child and Adult Care Food Program, or Summer Food Service Programs.

(b) The amount of a noncompetitive Oregon Farm-to-School Program grant recipient’s award will be based on the number of reimbursable meals served by the recipient through the federal National School Lunch and Summer Food Service Programs during the previous school year and summer.

(c) The department may develop or adopt a formula or method for converting different types of reimbursable meals and snacks to the equivalent of a reimbursable lunch. The department will publish the formula or method chosen on its website.

(7)(a) The department may reallocate noncompetitive grant for Reimbursement of Oregon Foods funds to other eligible entities if noncompetitive grant for Reimbursement of Oregon Foods funds either remain after awards are made or become unobligated, or if a grant recipient is not making adequate progress towards spending all of its grant award during the biennium in which the award was made.

(b) The department will notify noncompetitive grant for Reimbursement of Oregon Foods recipients if their claimed program expenses do not show that the recipients are making adequate progress towards spending all of their grant awards during the biennium in which the awards were made.

(8) The Department of Education will apply the Oregon Equity Lens when administering this grant including when determining resource allocation and making strategic investments.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 336.431
ODE 9-2022, amend filed 01/27/2022, effective 01/27/2022
ODE 21-2021, temporary amend filed 06/22/2021, effective 06/22/2021 through 12/18/2021
ODE 7-2020, amend filed 03/20/2020, effective 03/21/2020
ODE 141-2019, temporary amend filed 09/23/2019, effective 09/23/2019 through 03/20/2020
ODE 12-2019, adopt filed 04/22/2019, effective 04/22/2019

Or. Admin. R. 581-017-0432 Definitions: Farm-to-School Education Grants

As used in OAR 581-017-0432 to 581-017-0447:

(1) “Commodity commission or council” means a commodity commission or council organized under ORS 576.051 to 576.455, the Oregon Beef Council, or the Oregon Wheat Commission.

(2) “Education service district” has the meaning given that term in ORS 334.003.

(3) “Eligible entity” means:

(a) A commodity commission or council;

(b) An education service district;

(d) A nonprofit organization;

(e) A producer of food produced or processed in the State of Oregon;

(f) A provider of center-based programs for children;

(g) A school district;

(h) A school overseen by the Bureau of Indian Education; and

(i) A soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933.

(4) “Food processed in the State of Oregon” includes foods that were baked, frozen, ground, canned, or milled in the State of Oregon.

(5) “Food produced in the State of Oregon” includes foods that were grown, caught, harvested, or raised in the State of Oregon.

(6) “Including” means “including but not limited to.”

(7) “Producer of food produced or processed in the State of Oregon” includes a farmer, rancher, or seafood harvester who grows, raises, catches, or harvests food.

(8) “Provider of center-based programs for children” means a child care center certified by the Office of Child Care, a Head Start center, an Oregon prekindergarten program, a school district, or an education service district that provides non-residential child care services to enrolled children and participates in the federal Child and Adult Care Food Program.

(9) “Nonprofit organization” means:

(a) A nonprofit business corporation incorporated under ORS Chapter 65;

(b) A foreign nonprofit business corporation authorized to transact business in the state of Oregon; or

(10)(a) “School district” means an Oregon common school district, joint school district, union high school district, or public charter school.

(b) “School district” does not include an education service district.

History

Statutory/Other Authority: OL 2015, ch. 840, sec.13, ORS 336.431, Enrolled HB 2579 (2019) & ORS 326.051
Statutes/Other Implemented: OL 2015, ch. 840, sec.13, ORS 336.431 & Enrolled HB 2579 (2019)
ODE 14-2021, minor correction filed 05/17/2021, effective 05/17/2021
ODE 7-2020, amend filed 03/20/2020, effective 03/21/2020
ODE 141-2019, temporary amend filed 09/23/2019, effective 09/23/2019 through 03/20/2020
ODE 25-2018, amend filed 08/17/2018, effective 08/20/2018
ODE 47-2016, f. & cert. ef. 11-1-16
ODE 11-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-017-0435 Purpose: Competitive Farm-to-School Education Grant

(1) The purpose of the competitive Oregon Farm-to-School education grant is to assist entities in paying the costs they incur providing food-based, agriculture-based, or garden-based educational activities for the benefit of children enrolled in a public school or public charter school within a school district, or a center-based program for children.

(2) An eligible entity that receives a competitive Oregon Farm-to-School Program education grant may use the grant for costs directly associated with the educational activities offered to children enrolled in either a public school or public charter school within a school district, or a center-based program for children, including staff time, supplies, equipment, farm products for samples, and travel.

History

Statutory/Other Authority: ORS 326.051, ORS 336.431 & Enrolled HB 2579 (2019)
Statutes/Other Implemented: ORS 336.431 & Enrolled HB 2579 (2019)
ODE 9-2022, amend filed 01/27/2022, effective 01/27/2022
ODE 21-2021, temporary amend filed 06/22/2021, effective 06/22/2021 through 12/18/2021
ODE 7-2020, amend filed 03/20/2020, effective 03/21/2020
ODE 141-2019, temporary amend filed 09/23/2019, effective 09/23/2019 through 03/20/2020
ODE 25-2018, amend filed 08/17/2018, effective 08/20/2018
ODE 47-2016, f. & cert. ef. 11-1-16
ODE 11-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-017-0438 Eligibility: Farm-to-School Education Grant

(1) An eligible entity may apply for a competitive Oregon Farm-to-School Program education grant.

(2)(a) An eligible entity that applies for a competitive Oregon Farm-to-School Program education grant may partner with one or more organizations to provide food-based, agriculture-based, or garden-based educational activities. Grant applicants that partner with other organizations to provide educational activities must serve as the fiscal agent for the partnered organizations.

(b) Fiscal agents are responsible for:

(A) Ensuring that their partner organizations comply with the terms and conditions of the competitive Oregon Farm-to-School Program education grant;

(B) Overseeing the delivery of food-based, agriculture-based, or garden-based educational activities to children enrolled in either a public school or public charter school within a school district;

(C) Ensuring that the educational activities offered satisfy the criteria identified in OAR 581-017-0441, the request for proposals, and any related guidance documents produced by the Oregon Department of Education;

(D) Incorporating the principles of the Oregon Equity Lens, OAR 581-017-0010, into the development and delivery of educational activities funded with competitive Oregon Farm-to-School Program education grant dollars;

(E) Maintaining all records regarding the educational activities offered using, and costs paid for with, grant funds; and

(F) Delivering those records and any completion reports regarding the educational activities funded with, and the expenditure of, grant funds to the Oregon Department of Education.

(3) An eligible entity may lose its eligibility to apply for a competitive Oregon Farm-to-School Program education grant during the succeeding biennium, or continue receiving a previously awarded grant, if the eligible entity does not:

(a) Comply with the applicable provisions of ORS 338.431;

(b) Comply with the provisions of OAR 581-017-0432 to 581-017-0447;

(c) Comply with the grant criteria printed in the competitive Oregon Farm to School Program education grant request for proposals and any related guidance documents produced by the Oregon Department of Education;

(d) If awarded a competitive Oregon Farm to School Program education grant, spend the entire amount of the grant award during the biennium for with the grant was awarded; or

(e) If awarded a competitive Oregon Farm to School Program education grant, spend the majority of the grant award on food-based, agriculture-based, or garden-based educational activities for the benefit of children enrolled in either a public school or public charter school within a school district, or a center-based program for children.

History

Statutory/Other Authority: ORS 326.051, HB 2579 (2019) & ORS 336.431
Statutes/Other Implemented: HB 2579 (2019) & ORS 336.431
ODE 9-2022, amend filed 01/27/2022, effective 01/27/2022
ODE 21-2021, temporary amend filed 06/22/2021, effective 06/22/2021 through 12/18/2021
ODE 7-2020, amend filed 03/20/2020, effective 03/21/2020
ODE 141-2019, temporary amend filed 09/23/2019, effective 09/23/2019 through 03/20/2020
ODE 25-2018, amend filed 08/17/2018, effective 08/20/2018
ODE 47-2016, f. & cert. ef. 11-1-16
ODE 11-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-017-0441 Application Process and Criteria for Oregon Farm-to-School Education Grant

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted each biennium for which competitive Oregon Farm to School Program education grant funds are available.

(2) The department shall notify eligible entities of the proposal process and the dates when proposals are due, and make available necessary guidelines and application forms.

(3)(a) Eligible entities must submit their grant proposals on the most current form prescribed by the department. The department shall publish the current request for proposals solicitation forms on the department’s website.

(b) If an eligible entity that has applied for a competitive Oregon Farm to School Program education grant is unable to provide the information required in the request for proposals, then the grant applicant must provide an explanation why the information cannot be provided. Grant applicants may submit additional information that will aid the department in evaluating their grant proposals.

(4) To be considered by the department, the grant proposals submitted by eligible entities must include the following information:

(a) The name of the school district in which the educational activities will be offered;

(b) The name of the person who will serve as the grant applicant’s primary contact regarding the grant proposal and that person’s contact information, including the primary contact’s email address and telephone number;

(c) The name of the organizations which the grant applicant either has partnered, or is intending to partner, with for the purpose of providing food-based, agriculture-based, or garden-based educational activities for the benefit of children enrolled in a public school or public charter school within a school district, or a center-based program for children;

(d) The name and contact information of the persons who will serve as the partner organizations’ primary contacts regarding the grant proposal and the educational activities the grant applicant and its partner organizations intend to provide;

(e) A description of the educational activities the grant applicant proposes to offer;

(f) An explanation of how the educational activities the grant applicant proposes to offer with grant funds will address the grant criteria and benefit children enrolled in a public school or a public charter school within a school district, or a center-based program for children;

(g) An estimate of the costs associated with providing the proposed educational activities; and

(h) An analysis of the proposed educational activities and the proposed means of delivering those programs using the Equity Lens adopted under OAR 581-017-0010.

(5) Grant applicants’ proposals will be reviewed for completeness and how well they address the evaluation criteria adopted by the department. The Oregon Department of Education shall give preference to eligible entities that propose educational activities that:

(a) Are well designed;

(b) Promote healthy food activities;

(d) Involve parents or the community;

(e) Are connected to a school district’s farm-to-school procurement activities; and

(f) Are culturally relevant to the students being served by the grant moneys.

(6) Additional information may be required and additional criteria may be identified in the applicable request for proposal and guidelines published by the department.

(7) Recipients of a competitive Oregon Farm to School Program education grant will:

(a) Represent a variety of school sizes and geographic locations; and

(b) Serve a high percentage of children who qualify for free or reduced price school meals under the federal National School Lunch Program.

(8) The Department of Education will apply the Oregon Equity Lens when administering this grant including when determining resource allocation and making strategic investments.

History

Statutory/Other Authority: ORS 326.051, HB 2579 (2019) & ORS 336.431
Statutes/Other Implemented: HB 2579 (2019) & ORS 336.431
ODE 9-2022, amend filed 01/27/2022, effective 01/27/2022
ODE 21-2021, temporary amend filed 06/22/2021, effective 06/22/2021 through 12/18/2021
ODE 7-2020, amend filed 03/20/2020, effective 03/21/2020
ODE 142-2019, temporary amend filed 09/23/2019, effective 09/23/2019 through 03/20/2020
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 25-2018, amend filed 08/17/2018, effective 08/20/2018
ODE 47-2016, f. & cert. ef. 11-1-16
ODE 11-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-017-0444 Awarding and Using Competitive Oregon Farm-to-School Program Education Grants

(1) The Oregon Department of Education shall allocate funds for competitive Oregon Farm-to-School Program education grants.

(2) Competitive Oregon Farm-to-School Program education grants will be awarded to those eligible entities whose grant proposals are judged by the department as best addressing the applicable evaluation criteria.

(3) The department will notify the eligible entities selected for a proposed competitive education grant award by either mail or email. Within two weeks of receiving notice, the entity must notify the department whether it accepts the award.

(4) The department will award competitive Oregon Farm-to-School Program education grants for the biennium beginning on July 1, of the first year of the biennium, and ending on June 30, on the second year of the biennium. If funding is available, additional competitive grants will be awarded in subsequent biennia.

(5) The amount of any competitive Oregon Farm-to-School education grants awarded by the department on or after July 1, on the first year of the biennium, for the biennium beginning on July 1, will be at least $2,000.00 and no more than $100,000.00.

(6)The recipient of a competitive Oregon Farm to School Program education grant that was awarded by the department on or after July 1, on the first year of the biennium, for the biennium beginning on July 1, may reserve up to twenty-five percent of the total amount awarded for all costs incurred through direct administration of the food-based, agriculture-based, or garden-based educational activities offered by the grant recipient, including administrative labor, supplies and indirect costs.

(7) The department may reallocate competitive Oregon Farm-to-School Program education grant funds to other eligible entities if education grant funds either remain after awards are made or become unobligated, or if a grant recipient is not making adequate progress towards spending all of its grant award during the biennium in which the award was made.

(8) Grant funds awarded for use in one biennium may not be carried over to the following biennium, and will revert to the department at the end of the biennium, unless otherwise determined by the department.

(9) Recipients of a competitive Oregon Farm-to-School Program education grant must deposit the grant funds they receive in an account that is separate from their nonprofit food service account, or assign those funds a separate account or index number. Grant funds may only be used for the purpose of providing the food-based, agriculture-based, or garden-based educational activities it proposed to offer for the benefit of children enrolled in a public school or public charter school within a school district, or a center-based program for children.

(10) The department may reallocate competitive education grant funds to other eligible entities if competitive education grant funds either remain after awards are made or become unobligated, or if a grant recipient does not spend all of its grant award during the biennium in which the award was made.

(11) The department, at its sole discretion, may disburse up to twenty-five percent of a grant recipient’s award in advance if the recipient can first demonstrate a compelling need.

History

Statutory/Other Authority: ORS 326.051, HB 2579 (2019) & ORS 336.431
Statutes/Other Implemented: HB 2579 (2019) & ORS 336.431
ODE 9-2022, amend filed 01/27/2022, effective 01/27/2022
ODE 21-2021, temporary amend filed 06/22/2021, effective 06/22/2021 through 12/18/2021
ODE 7-2020, amend filed 03/20/2020, effective 03/21/2020
ODE 141-2019, temporary amend filed 09/23/2019, effective 09/23/2019 through 03/20/2020
ODE 25-2018, amend filed 08/17/2018, effective 08/20/2018
ODE 47-2016, f. & cert. ef. 11-1-16
ODE 11-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-017-0447 Performance Measures and Reporting for Oregon Farm-to-School Education Grant Funds

(1) The Oregon Department of Education shall publish performance measures for recipients of a competitive Oregon Farm to School Program education grant in the request for proposals solicitation forms and any related guidance documents produced by the department.

(2) The department shall provide grant recipients with a template for an interim and final grant report. To receive the final disbursement of grant funds, grant recipients must submit both a completed interim and final grant report to the department.

History

Statutory/Other Authority: HB 2579 (2019) & ORS 336.431
Statutes/Other Implemented: ORS 326.051, HB 2579 (2019) & ORS 336.431
ODE 15-2021, minor correction filed 05/17/2021, effective 05/17/2021
ODE 7-2020, amend filed 03/20/2020, effective 03/21/2020
ODE 142-2019, temporary amend filed 09/23/2019, effective 09/23/2019 through 03/20/2020
ODE 25-2018, amend filed 08/17/2018, effective 08/20/2018
ODE 47-2016, f. & cert. ef. 11-1-16
ODE 11-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-017-0450 Establishment

(1) The Oregon CTE Teacher Preparation Program is established pursuant to sections 1 and 11, chapter 763, Oregon Laws 2015 (Enrolled HB 3072).

(2) The purpose of the Oregon CTE Teacher Preparation Program is to facilitate the recruitment and retention of industry professionals into the education profession as classroom teachers in career and technical education through preparation in a Teacher Standards and Practices approved educator program.

(3) To accomplish the purpose of the CTE Teacher Preparation Program, the Oregon Department of Education shall distribute funds to establish:

(a) A consortia of Teacher Standards and Practices Commission approved teacher education institutions responsible for developing coursework that fulfills licensure requirements established by the Oregon Teacher Standards and Practice Commission for career and technical education teachers; and

(b) A network of providers of professional development for both pre-service and in-service career and technical education teachers.

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 12-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-017-0453 Eligibility

(1) The Department of Education will award grants to support the creation of the CTE Teacher Preparation Program to the following eligible recipients:

(a) Teacher Standards and Practices Commission approved teacher education institutions for the purpose of developing and maintaining coursework for that fulfills licensure requirements established by the Oregon Teacher Standards and Practice Commission for career and technical education teachers; and

(b) Teacher Standards and Practices Commission approved teacher education institutions, community Colleges, education service districts, school districts, public schools, and charter schools, for the purpose of providing professional development for both pre-service and in-service career and technical education teachers.

(2) Eligible recipients may use funds received through the CTE Teacher Preparation Program to contract with private businesses and nonprofits for the purpose of providing experiential learning opportunities for teachers.

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 12-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-017-0456 Criteria

(1) The Department of Education shall establish a request for application solicitation and approval process for the consortia of Teacher Standards and Practices Commission approved teacher education institutions responsible for developing and maintaining coursework.

(2) The Department of Education may only award grants for developing and maintaining coursework to eligible entities that meet the following minimum criteria:

(a) A commitment to participate in the consortia established by the CTE Teacher Preparation Program;

(b) A commitment to work with other members of the consortia to develop a shared curriculum that fulfills licensure requirements established by the Oregon Teacher Standards and Practice Commission for career and technical education teachers;

(d) Official program recognition and accreditation through the Teachers Standards and Practices Commission.

(3) The Department of Education shall establish a request for proposal solicitation and approval process for the network of providers of professional development.

(4) The Department of Education may only award grants for professional development to eligible entities that have a demonstrated record of success in, or a clearly established plan for, providing professional development, recruitment, and retention of both pre-service and in-service CTE teachers designed around Oregon Career Learning Areas, the Common Career Technical Core, or the National College and Career Readiness Standards.

(5) In allocating funds, the Department of Education may take into consideration the evaluation of the grant application and geographic location to ensure geographic diversity within the recipients of grant program funds throughout the state.

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 12-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-017-0459 Funding

(1) The Department of Education shall determine for each biennium the portion of the funds available for the consortia of Teacher Standards and Practices Commission approved teacher education institutions responsible for developing and maintaining coursework and for the network of providers of professional development.

(2) CTE Teacher Preparation Program funds received under this section must be separately accounted for and may be used only to provide funding for the purposes described in the application of the grant recipient.

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 12-2016, f. and cert. ef. 2-5-16

Or. Admin. R. 581-017-0462 Reporting

Recipients of the CTE Teacher Preparation Program grant must report on the grant to the Department of Education. The report must include metrics developed by the Department of Education.

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 12-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-017-0466 Definitions

The following definitions apply to OAR 581-017-0465, 581-017-0469, 581-017-0473, 581-017-0477, 581-017-0481, 581-017-0485:

(1) “CTE Summer Youth Engagement Program Grant” means the grant established by section 1, Chapter 763, Oregon Law 2015 (Enrolled House Bill 3072).

(2) “High Demand” means having more than the median number of total (growth plus replacement) openings for statewide or a particular region.

(3) “High Wage” means a wage that is more than the all-industry, all-ownership median wage for statewide or a particular region.

(4) “Historically Underserved student” means an English language learner, a student of color, an economically disadvantaged student or a student with disabilities.

(5) “Industry Credential” means certification that can lead to a high wage and high demand job and has been approved by the Department of Education.

(6) “Program of Study” means a sequence of courses, aligned to industry standards at the secondary and post-secondary level, that integrates technical and career skill proficiencies with academic content and has been approved by the Oregon Department of Education.

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 21-2016, f. & cert. ef. 3-22-16

Or. Admin. R. 581-017-0470 Establishment

The purpose of the CTE Summer Youth Engagement Program is to provide middle and high school students with access to state-of-the-art facilities, training, and mentoring that may not be available in their local community, and to encourage those students to pursue industry credentials in high wage and high demand fields.

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 21-2016, f. & cert. ef. 3-22-16

Or. Admin. R. 581-017-0474 Eligibility

(1) The following entities shall be eligible to receive a CTE Summer Youth Engagement Program Grant:

(a) School districts;

(b) Education service districts (ESDs) as defined in ORS 334.003;

(d) Public charter schools;

(e) Community colleges; and

(f) Public universities.

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 21-2016, f. & cert. ef. 3-22-16

Or. Admin. R. 581-017-0478 Criteria

(2) Requests for funding shall be evaluated and scored based on the following criteria:

(a) Summer programs serving students in grades 7 and 8 must:

(A) Focus on exploration of careers that include high wage and high demand occupations;

(B) Expose students to related CTE programs of study available at a student’s future high school; and

(C) Include opportunities for students to interact with adults involved in related high wage and high demand occupations.

(b) Summer programs serving students who are in high school and have participated in a CTE course during the school year must:

(A) Focus on intensive CTE study addressing academic and technical attainment;

(B) Create opportunities for students to earn industry credentials or dual credit or both when appropriate;

(D) Include student interactions with related local businesses and industries; and

(E) Expose students to related educational opportunities through community colleges, universities, or apprenticeship programs.

(c) The Department of Education shall give priority to proposals that meet the minimum criteria and address the needs of historically underserved students.

(3) The Department of Education shall allocate funds for the grant program based on the evaluation of the grant application and the following considerations:

(a) Geographic location of districts to insure geographic diversity within the recipients of grant program funds throughout the state;

(b) Districts who have an achievement gap between subgroup populations; and

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 21-2016, f. & cert. ef. 3-22-16

Or. Admin. R. 581-017-0482 Funding

(1) The Department of Education shall determine for each biennium the portion of the funds available for the CTE Summer Youth Engagement Program Grant.

(2) CTE Summer Youth Engagement Program Grant funds received by a grantee must be separately accounted for and may be used only to provide funding for the purposes described in the application of the grant recipient.

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 21-2016, f. & cert. ef. 3-22-16

Or. Admin. R. 581-017-0486 Reporting

(1) After being selected as a grantee but before receiving the allocation of CTE Summer Youth Engagement Program Grant funds, grant recipients must provide the Department of Education with the following:

(a) A risk management plan that addresses contact between minors and adults and the use of power tools and equipment; and

(b) A plan for recruiting and retaining historically underserved students.

(2) Recipients of the CTE Summer Youth Engagement Program Grant must report on the grant to the Department of Education. The report must include metrics developed by the Department of Education.

History

Statutory/Other Authority: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
Statutes/Other Implemented: 2015 OL Ch. 763 & Sec. 1 (Enrolled HB 3072)
ODE 21-2016, f. & cert. ef. 3-22-16

Or. Admin. R. 581-017-0550 African American/Black Student Success Plan Grant Program: Definitions

The following definitions apply to OAR 581-017-0550 to 581-017-0565:

(1) “Achievement Gap” means any significant and persistent measurable disparity in academic performance or educational attainment between different groups of students, such as white students and African/African American/Black/African Diaspora students, for example, or students from higher income and lower income households.

(2) “African American” means a person of African descent, having origins in any of the Black racial groups of Africa, living in America, including African immigrants. African Americans are members of the African Diaspora.

(3) “African American/Black Student Success Plan Grant” means the Grant established in OAR 581-017-0553 to implement ORS 329.841.

(4) “African Diaspora” means the worldwide distribution of peoples descended from native Africans or people from Africa, specifically persons having origins in any of the Black racial groups of Africa, and living outside of the continent by choice, or most predominantly against their will, particularly the descendants of Africans who were involuntarily migrated via the slave trade between the 16th and 19th centuries, including the Transatlantic slave trade. The African Diaspora is vast and includes displaced Africans living in numerous countries around the world, including but not limited to African, Afro-Caribbean, and Afro-Latinx immigrants.

(5) “Black” means a person of African descent, having origins in any of the Black racial groups of Africa, living in America. Black people are members of the African Diaspora.

(6) “Community-Based Organization” means a Nonprofit Organization that is representative of a community or significant segments of a community, which is located within or in close proximity to the community it serves. This includes Culturally Specific Organizations that have an expressed mission of providing services to specific populations within a community.

(7) “Community Voice” means that members representing the community served by the project will be involved in co-constructing the project design, implementation, and/or providing strategic guidance in final decision-making.

(8) “Culturally Responsive” means the implicit recognition and incorporation of the cultural knowledge and experience of students served by the African American/Black Student Success Plan in teaching, learning, assessment, and support. This includes identifying and valuing: students’ cultural assets in instruction and assessment; diverse frames of reference that correspond to multifaceted cultural perspectives/experiences; and performance styles and behaviors in the classroom that can differ from dominant culture views of what qualifies as achievement or success.

(9) “Culturally Specific Organization” means an organization that serves a particular cultural community and is primarily staffed and led by members of that community. These organizations demonstrate: intimate knowledge of lived experience of the community, including but not limited to the impact of structural and individual racism or discrimination on the community; knowledge of specific disparities, barriers, or challenges documented in the community and how that influences the structure of their program or service; commitment to the community’s strength-based and self-driven thriving and resilience; ability to describe and adapt their services to the community’s cultural practices, health and safety beliefs/practices, positive cultural identity/pride, religious beliefs, etc.

(10) “Disciplinary Incidents” means any form of disciplinary or behavioral action, particularly those resulting in removal from regular instruction and activities, including referrals, detention, in and out of school suspensions, and expulsions.

(11) “Disproportionate” means unequal or inequitable differences in outcomes for African/African American/Black/African Diaspora students based on race, gender/gender identities, and/or sexual orientation compared to other groups of students, particularly their white counterparts.

(12) “Nonprofit Organization” means nonprofit corporation as defined by ORS 65.001.

(13) “Opportunity Gap” means the unequal or inequitable distribution of resources and opportunities, particularly the ways in which race, ethnicity, socioeconomic status, English proficiency, community wealth, familial situations, or other factors contribute to or perpetuate that inequitable distribution for certain groups of students, for example a school offers AP classes but erects or fails to address barriers that limit the enrollment of African/African American/Black/African Diaspora students

(14) “Partnership” means a group of organizations, Tribes, districts or individuals who agree to work together with a common interest and shared vision. In a partnership, there is a high level of trust and 2-way communication, and differences in power and privilege are addressed. Roles and responsibilities on all sides are well defined and developed with shared authority in decision making. There might be shared space and staff, with expectations and agreements in writing.

(15) “Student” means an individual who is enrolled in early childhood through post-secondary education (including non-traditional settings) and who is African/African American/Black or otherwise part of the African Diaspora.

History

Statutory/Other Authority: ORS 329.841
Statutes/Other Implemented: ORS 329.841
ODE 11-2021, amend filed 04/16/2021, effective 04/16/2021
ODE 9-2021, temporary amend filed 03/29/2021, effective 03/29/2021 through 09/24/2021
ODE 11-2018, amend filed 04/03/2018, effective 04/03/2018
ODE 35-2016, f. & cert. ef. 6-15-16

Or. Admin. R. 581-017-0553 African American/Black Student Success Plan Grant Program: Establishment

(1) There is established the African American/Black Student Success Plan Grant Program to support early learning hubs, providers of early learning services, school districts, education service districts, post-secondary institutions of education, and Community-Based Organizations who are working to design, implement, improve, expand, or otherwise revise programs and services for African/African American/Black/African Diaspora students.

(2) The programs and services to be provided under the Grant must implement one or more of the strategies or address one or more of the objectives included in the African American/Black Student Success Plan and must address one or more of the following indicators:

(a) Decrease the Disproportionate rate of Disciplinary Incidents;

(b) Increase parental engagement;

(d) Increase participation in kindergarten readiness and early childhood education programs;

(e) Improve literacy and numeracy levels across kindergarten through grade three;

(f) Support Student transitions to and through the middle school grades to maintain and improve academic performance;

(g) Support Student transitions from middle school to and through the high school grades to maintain and improve academic performance;

(h) Support the development and implementation of Culturally Responsive pedagogy and practices from early childhood through post-secondary education;

(i) Support the development of Culturally Responsive curricula from early childhood through post-secondary education;

(j) Increase attendance of Students in community colleges and professional certification programs;

(k) Increase attendance of Students in four-year post-secondary institutions of education; or

(l) Increase financial resources to sustain and advance the work of the African American/Black Student Success Plan.

(3) Subject to available funds, the Department of Education shall award Grants based on a detailed description of proposed programming or services. The programs or services may include:

(a) The scale-up of an existing program or project; and/or

(b) The implementation of a new program or project.

(4) The purpose of the Grant program is to provide funds to applicants that document an understanding of the unique needs of African/African American/Black/African Diaspora students, have the potential to become exemplar programs, and who create collaborative practices relating to strategies outlined in the African American/Black Student Success Plan.

History

Statutory/Other Authority: ORS 329.841
Statutes/Other Implemented: ORS 329.841
ODE 11-2021, amend filed 04/16/2021, effective 04/16/2021
ODE 9-2021, temporary amend filed 03/29/2021, effective 03/29/2021 through 09/24/2021
ODE 11-2018, amend filed 04/03/2018, effective 04/03/2018
ODE 35-2016, f. & cert. ef. 6-15-16

Or. Admin. R. 581-017-0556 African American/Black Student Success Plan Grant Program: Eligibility

(1) To be eligible to receive an African American/Black Student Success Grant, an applicant must:

(a) Be an early learning hub, a provider of early learning services, a school district, an education service district, a post-secondary institution of education, or a Community-Based Organization;

(b) Serve African/African American/Black/African Diaspora students and youth populations and their families as follows:

(A) For existing programs or projects that are being scaled up, provide data to the Department of Education validating that the majority of their students who are served through the programming or services the organization is providing under the Grant are African/African American/Black/African Diaspora students;

(B) For new programs or services, provide information to the Department of Education about how the program or project will serve African/African American/Black/African Diaspora students and estimating the total number of African/African American/Black/African Diaspora students who will be served; and

(c) Be actively engaged in or prepared to enter into an inclusive Partnership and/or consortium with other entities invested in the success of African/African American/Black/African Diaspora students through the implementation of Culturally Responsive programming or services. The Partnership or consortium must meet the following criteria:

(A) Consortiums and Partnerships must include a Culturally Specific Organization that works with African/African American/Black/African Diaspora students.

(B) If the applicant is a Culturally Specific or Community-Based Organization, it must have at least one school district or post-secondary institution as a partner.

(C) If the applicant is an early learning hub or provider of early learning services, it must have at least one school district or post-secondary institution as a partner.

(2) A single grant proposal may include more than one applicant, but the lead applicant must be one of the eligible types identified in subsection (1) of this rule.

History

Statutory/Other Authority: ORS 329.841
Statutes/Other Implemented: ORS 329.841
ODE 11-2021, amend filed 04/16/2021, effective 04/16/2021
ODE 9-2021, temporary amend filed 03/29/2021, effective 03/29/2021 through 09/24/2021
ODE 11-2018, amend filed 04/03/2018, effective 04/03/2018
ODE 35-2016, f. & cert. ef. 6-15-16

Or. Admin. R. 581-017-0559 African American/Black Student Success Plan Grant Program: Criteria

(1) The Department of Education shall establish a request for proposal solicitation and approval process by which to award African American/Black Student Success Plan Grants. All proposals must comply with the requirements of the Department’s Procurement processes. Grants shall be awarded based on the following criteria:

(a) Whether the proposed program or project successfully aligns with strategies and objectives described in the African American/Black Student Success Plan;

(b) Ability of the applicant to demonstrate knowledge, experience, and expertise in addressing parent and community engagement to improve academic achievement, opportunities, access, and graduation rates of African/African American/Black/African Diaspora students; and

(2) The Department shall give priority to proposals that:

(a) Provide a sustainability plan to continue the program for at least two years after the Grant funding has ended;

(b) The extent to which the applicant clearly documents its capacity to implement and carry out programming and services for addressing the needs of African/African American/Black/African Diaspora student populations, including demonstrated intentions to work in a collaborative way with school districts or post-secondary institutions; and

(c) Geographic location of Grant applicants to ensure geographic diversity and representation within the recipients of and students served by Grant programs funded throughout the state. This includes areas of the state that demonstrate a lack of services specific to the needs of African/African American/Black/African Diaspora students and as identified in the African American/Black Student Success Plan.

(3) The Department of Education shall allocate funds for the Grant program based on the evaluation of the Grant application and the following considerations:

(a) Whether the applicant meets the minimum requirements in OAR 581-017-0556;

(b) Geographic location of Grant applicants to ensure geographic diversity and representation within the recipients of and students served by Grant programs funded throughout the state. This includes areas of the state that demonstrate a lack of services specific to the needs of African/African American/Black/African Diaspora students and as identified in the African American/Black Student Success Plan; and

(c) Whether Grant applicants demonstrate commitment and readiness to use best practices around Culturally Responsive programming and services to close Achievement and Opportunity Gaps for African/African American/Black/African Diaspora students; and

(d) Whether applicant demonstrates evidence of prior implementation of a robust Culturally Responsive program or service as a way to close Achievement and Opportunity Gaps for African/African American/Black/African Diaspora students.

History

Statutory/Other Authority: ORS 329.841
Statutes/Other Implemented: ORS 329.841
ODE 11-2021, amend filed 04/16/2021, effective 04/16/2021
ODE 9-2021, temporary amend filed 03/29/2021, effective 03/29/2021 through 09/24/2021
ODE 11-2018, amend filed 04/03/2018, effective 04/03/2018
ODE 35-2016, f. & cert. ef. 6-15-16

Or. Admin. R. 581-017-0562 African American/Black Student Success Plan Grant Program: Funding

(1) Applicants shall submit a detailed budget that explains how Grant funds will be used.

(2) Grantees shall use funds received as authorized by the resulting Grant.

(3) Grantees must be able to expend the funds for allowable purposes specified in the request for proposal within the Grant timeline according to acceptable accounting procedures.

(4) Administrative costs, which include indirect costs, will be allowed as a percentage of the Grant funds disbursed as follows:

(a) Up to five percent for school districts, early learning hubs, or post-secondary institutions of education; or

(b) Up to 15 percent for Community-Based Organizations or providers of early learning services.

History

Statutory/Other Authority: ORS 329.841
Statutes/Other Implemented: ORS 329.841
ODE 11-2021, amend filed 04/16/2021, effective 04/16/2021
ODE 9-2021, temporary amend filed 03/29/2021, effective 03/29/2021 through 09/24/2021
ODE 35-2016, f. & cert. ef. 6-15-16

Or. Admin. R. 581-017-0565 African American/Black Student Success Plan Grant Program: Reporting

Grant recipients must report project or program outcomes in the manner and form required by the Department of Education. Grantees are required to submit a final report prior to receiving their final request for funds.

History

Statutory/Other Authority: ORS 329.841
Statutes/Other Implemented: ORS 329.841
ODE 11-2021, amend filed 04/16/2021, effective 04/16/2021
ODE 9-2021, temporary amend filed 03/29/2021, effective 03/29/2021 through 09/24/2021
ODE 35-2016, f. & cert. ef. 6-15-16

Or. Admin. R. 581-017-0601 Definitions: FFA Summer Duty Extended Contract Grant

The following definitions apply to OAR 581-017-0601 to 581-017-0616:

(1) “Agriculture Science and Technology Program of Study” means a comprehensive program that connects the related career strands that are part of the vibrant nature of Oregon’s agriculture industry. The career strands include agribusiness, animal science, plant science/horticulture, and agriculture mechanics.

(2) “FFA” means Future Farmers of America.

(3) “Historically Underserved Student” means English language learners, Black and African American, American Indian and Alaskan Native, Latino and Hispanic, Asian and Pacific Islander, Multi-racial, students experiencing poverty, and students with disabilities.

(4) “Oregon Agriculture Teachers Association” is the association of licensed Agriculture Science and Technology teachers within the State of Oregon.

(5) “Oregon FFA Association” means the career technical student organization that is chartered by the Oregon Department of Education and is an affiliate of the National FFA Organization.

(6) “Oregon Team AgEd" is a collaborative partnership of related entities or organizations that have a vested interest in the Agricultural Education Model. Oregon Team AgEd provides guidance and recommendations to support the Oregon Agricultural Education model.

(7) “Program of Study” means a sequence of courses, aligned to industry standards at the secondary and post-secondary level, which integrates technical and career skill proficiencies with academic content and has been approved by the Oregon Department of Education.

History

Statutory/Other Authority: 2019 OL Ch. 588, Sec. 3
Statutes/Other Implemented: 2019 OL Ch. 588, Sec. 3
ODE 155-2019, adopt filed 12/16/2019, effective 12/16/2019

Or. Admin. R. 581-017-0604 Purpose: FFA Summer Duty Extended Contract Grant

The purpose of the FFA Summer Duty Extended Contract Grant is to fund extended duty contracts in school districts to allow school district personnel to manage approved Agriculture Science and Technology Programs of Study during the summer months between school years.

History

Statutory/Other Authority: 2019 OL Ch. 588, Sec. 3 (Enrolled HB 2444)
Statutes/Other Implemented: 2019 OL Ch. 588, Sec. 3 (Enrolled HB 2444)
ODE 155-2019, adopt filed 12/16/2019, effective 12/16/2019

Or. Admin. R. 581-017-0607 Funding: FFA Summer Duty Extended Contract Grant

(1) The Department of Education shall determine for each fiscal year the portion of the funds available for the FFA Summer Duty Extended Contract Grant.

(2) Prior to the allocation in each fiscal year, the Department of Education shall:

(a) Identify qualifying secondary school districts that have an approved Agriculture Science and Technology Program of Study; and

(b) Identify the maximum allocation available for individual teachers for FFA Summer Duty Extended Contract Grants for each fiscal year.

(3) Funds received by a school district under this section must be separately accounted for and must be used in accordance with the school district’s approved calendar of FFA activities.

(4) Any funds not claimed within a grant cycle will be reallocated into the FFA Summer Duty Extended Contract Grant fund and will be made available for the next grant cycle or returned to the state general fund at the end of the biennium.

History

Statutory/Other Authority: 2019 OL Ch. 588, Sec. 3 (Enrolled HB 2444)
Statutes/Other Implemented: 2019 OL Ch. 588, Sec. 3 (Enrolled HB 2444)
ODE 155-2019, adopt filed 12/16/2019, effective 12/16/2019

Or. Admin. R. 581-017-0610 Eligibility: FFA Summer Duty Extended Contract Grant

School districts that have an approved Agriculture Science and Technology Program of Study are eligible to receive the FFA Summer Duty Extended Contract Grant.

History

Statutory/Other Authority: 2019 OL Ch. 588, Sec. 3 (Enrolled HB 2444)
Statutes/Other Implemented: 2019 OL Ch. 588, Sec. 3 (Enrolled HB 2444)
ODE 155-2019, adopt filed 12/16/2019, effective 12/16/2019

Or. Admin. R. 581-017-0613 Criteria: FFA Summer Duty Extended Contract Grant

(1) The Department of Education will establish an annual application for the FFA Summer Duty Extended Contract Grant application. The grant application will comply with the requirements of 2019 OL Ch. 588, Sec. 3 (Enrolled HB 2444).

(2) An application submitted by a school district must include the following:

(a) Specific goals and deliverables, including goals and deliverables to provide opportunities to historically underserved students;

(b) Information about the school district’s current FFA extended duty contracts;

(c) Assurances that the money received through the FFA Summer Duty Extended Contract Grant will be used to establish or expand programs and opportunities and will not be used to replace current funding provided by the school district for FFA Summer Duty Extended Contracts; and

(d) Signature of school principal, teacher, and advisory committee.

(3) The Department will convene an application review committee consisting of at a minimum representatives of business and industry members of Team AgEd, Oregon Agriculture Teachers Association, and the Oregon FFA Association, and other members that are geographically and demographically representative of Oregon’s student body. The review committee will make recommendations to the Oregon Department of Education.

(4) School districts may amend the approved FFA Summer Duty Extended Contract Grant goals and deliverables so long as the amendment is done in consultation with the Oregon Department of Education and the amended goals and deliverables are approved by the Department.

History

Statutory/Other Authority: 2019 OL Ch. 588, Sec. 3 (Enrolled HB 2444)
Statutes/Other Implemented: 2019 OL Ch. 588, Sec. 3 (Enrolled HB 2444)
ODE 155-2019, adopt filed 12/16/2019, effective 12/16/2019

Or. Admin. R. 581-017-0616 Annual Report: FFA Summer Duty Extended Contract Grant

(1) Prior to the end of each fiscal year, a school district that has received a FFA Summer Duty Extended Contract Grant must file an annual report to the Oregon Department of Education.

(2) The annual report must include:

(a) Reporting on the specific goals and deliverables identified in the application;

(b) Copies of the monthly reports that outline the accomplishments related to the FFA chapter calendar of activities that were submitted by the teacher to the school principal during the affected months of the grant; and

(c) Verification that the money received through the FFA Summer Duty Extended Contract Grant will be used to establish or expand programs and opportunities and will not be used to replace current funding provided by the school district for FFA Summer Duty Extended Contracts.

History

Statutory/Other Authority: 2019 OL Ch. 588, Sec. 3 (Enrolled HB 2444)
Statutes/Other Implemented: 2019 OL Ch. 588, Sec. 3 (Enrolled HB 2444)
ODE 155-2019, adopt filed 12/16/2019, effective 12/16/2019

Or. Admin. R. 581-017-0620 Definitions: SSA Summer Program Grant

The following definitions apply to OAR 581-017-0620 through OAR 581-017-0635.

(1) “Department” means the Oregon Department of Education.

(2) “Direct Academic Instruction” means scheduled time during which students are engaged in evidence-based, planned learning activities or assessments that are:

(a) Culturally responsive;

(b) Designed to meet academic content standards as defined in ORS 329.007, and

(c) Under the direction and supervision of a teacher licensed under ORS 342.125 or an appropriately supervised instructional assistant as defined in ORS 342.120.

(3) “SSA Summer Program Grant” means the grant to provide instructional time during summer from the Statewide Education Initiatives Account as established by the Student Success Act in ORS 327.341.

History

Statutory/Other Authority: ORS 327.341
Statutes/Other Implemented: ORS 327.341
ODE 38-2021, amend filed 10/26/2021, effective 10/26/2021
ODE 3-2020, adopt filed 03/20/2020, effective 03/20/2020

Or. Admin. R. 581-017-0623 Eligibility: SSA Summer Program Grant

(1) The Department will identify schools eligible to receive the SSA Summer Program Grants in accordance with ORS 327.341(1). The Department will ensure geographic representation of identified student groups are included throughout the state.

(2) The following shall be eligible to receive an SSA Summer Program Grant:

(a) A public school district on behalf of a public school identified by the Department to receive the grant. The public school must be within the school district receiving the funds, and

(b) A public charter school identified by the Department to receive the grant.

(3) A grant recipient may use grant funds to contract for the provision of summer program services.

(a) Contracts may be established with federally-recognized Tribal governments, education service districts (ESDs), education-focused non-profit organizations, and other qualified entities for purposes allowed in this rule.

(b) Any contracts entered into for the purposes allowed in this rule must meet program requirements as established in OAR 581-017-0632.

History

Statutory/Other Authority: ORS 327.341
Statutes/Other Implemented: ORS 327.341
ODE 38-2021, amend filed 10/26/2021, effective 10/26/2021
ODE 43-2020, minor correction filed 10/28/2020, effective 10/28/2020
ODE 3-2020, adopt filed 03/20/2020, effective 03/20/2020

Or. Admin. R. 581-017-0629 Funding: SSA Summer Program Grant

(1) The Department will determine the distribution of SSA Summer Program Grant funds for each fiscal year.

(2) Funds received by a school district or public charter school under this section must be separately accounted for and may be used only for the purposes described in the grant agreement. A grant recipient may use up to five percent for administrative costs, including indirect costs, as determined by the grant agreement.

(3) If the total approved costs for which eligible recipients are seeking funds from the account exceed the amount in the account in any fiscal year, the Department may prorate or prioritize the amount of funds available for distribution in the account among recipients that are eligible for funds from the account.

History

Statutory/Other Authority: ORS 327.341
Statutes/Other Implemented: ORS 327.341
ODE 38-2021, amend filed 10/26/2021, effective 10/26/2021
ODE 3-2020, adopt filed 03/20/2020, effective 03/20/2020

Or. Admin. R. 581-017-0632 Program Requirements: SSA Summer Program Grant

(1) A summer program that receives funding must:

(a) Serve students in kindergarten through grade 8, this includes students entering kindergarten in the fall and students exiting 8th grade going into 9th grade;

(b) Provide a broad array of focused, well-rounded, culturally responsive, and when appropriate culturally specific, educational activities targeted to meet the needs of students to advance academic achievement and support student success, including, but not limited to, activities that support:

(A) Inquiry-based, hands-on instruction;

(B) Healthy and active lifestyle, including physical activity; or

(C) Students’ mental health including social and emotional learning, trauma-informed practices, strength-based and equity-centered approaches.

(A) Is scheduled over at least three consecutive weeks; and

(B) Held at an approved, accessible location, as determined by the Department of Education.

(d) Offer a child nutrition program if the summer program is eligible for the nutrition program and is required to provide meals under state or federal law;

(e) Document daily attendance of all enrolled students;

(f) Ensure staff are trained to implement program requirements and work effectively with all students within their school population, including students who have been identified as English learners and children with disabilities as defined by ORS 343.035(1);

(g) Provide effective and culturally responsive outreach methods to ensure enrolled students represent:

(A) Demographics of the school’s student population; and

(B) Students that are currently and historically underserved and could benefit most from summer programming.

(h) Provide transportation services to and from the program; and

(i) Meet other programs requirements as provided in the grant agreement.

(2) Summer programs that receive funding may not charge fees for student participation.

History

Statutory/Other Authority: ORS 327.341
Statutes/Other Implemented: ORS 327.341
ODE 38-2021, amend filed 10/26/2021, effective 10/26/2021
ODE 8-2021, temporary amend filed 03/24/2021, effective 03/24/2021 through 09/18/2021
ODE 3-2020, adopt filed 03/20/2020, effective 03/20/2020

Or. Admin. R. 581-017-0635 Reporting: SSA Summer Program Grant

Each year, a recipient of an SSA Summer Program Grant must report on the grant in the manner and form required by the Department.

History

Statutory/Other Authority: ORS 327.341
Statutes/Other Implemented: ORS 327.341
ODE 3-2020, adopt filed 03/20/2020, effective 03/20/2020

Or. Admin. R. 581-017-0651 Reengagement Grants: Definitions

The definitions that apply to OAR 581-017-0651 through 581-017-0655 are the same definitions adopted by the Youth Development Council for OAR 423-160-0001 to 423-160-0013. The following definitions apply to OAR 581-017-0651 through 581-017-0655:

(1) “Community-based Organization” means a nonprofit organization that is representative of a community or significant segments of a community, which is located within or in close proximity to the community it serves. This includes culturally specific organizations that have an expressed mission of providing services to specific populations within a community.

(2) “Eligible Entity” means an organization, agency, or consortium that meets the eligibility requirements to operate a “Reengagement Program” and receive funding under the Statewide “Reengagement System,” as established by ORS 417.859 and further clarified in OAR 423-160-0007.

(3) “Eligible Youth” means a participant who meets the eligibility requirements for enrollment in a “Reengagement Program,” established by ORS 417.859 and further clarified in OAR 423-160-0005.

(4) “Non-profit Organization” means:

(a) An organization established as a nonprofit organization under the laws of Oregon; and

(b) Qualifies as an exempt organization under section 501(c)(3) or a social welfare organization under 501(c)(4) of the Internal Revenue Code as defined in ORS 314.011.

(5) “Reengagement” means services and activities intended to reconnect out of school youth with education, training, and other services. Reengagement includes outreach, education, training, mentoring, and support services, including those further described in the definition of “Reengagement Services.”

(6) “Reengagement Grant” means the grants established by ORS 417.859 and further clarified in OAR 423-160-0011 and OAR 581-017-0651 through 581-017-0653.

(7) “Reengagement Partner” or “Partner” means an entity that provides any type of “Reengagement Service” as part of a Reengagement Program.

(8) “Reengagement Program” or “Program” means a reengagement program as defined by ORS 417.859, and further clarified in OAR 423-160-0007 and 423-160-0009.

(9) “Reengagement Services” refers to the range of services provided by a Reengagement Program, including but not limited to:

(a) Outreach services - identification, contact, referral, and retention activities for Eligible Youth

(b) Educational services - academic remediation, credit recovery, GED Options and other GED preparation and testing, and post-secondary access;

(d) Workforce Development services - work readiness and soft skills training, internships, job placement, career technical education;

(e) Personal Skills development - life skills, financial literacy, personal care and nutritional education;

(f) Supportive services - mental health counseling, substance abuse counseling, navigation and connection to social services, childcare, transportation assistance, housing assistance, basic needs assistance, affinity groups;

(g) Ongoing (follow-up) services to participants who have earned a diploma or GED within a Reengagement Program, in a manner determined by the Youth Development Division within the grant funding process; and

(h) Other direct services to Eligible Youth delivered by a Reengagement Program.

(10) “Statewide Youth Reengagement System” or “System” means the comprehensive reengagement efforts carried out, coordinated, supported, and monitored by the Youth Development Division, as established by ORS 417.859, and further clarified in OAR 423-160-0009.

History

Statutory/Other Authority: ORS 327.254; ORS 417.859
Statutes/Other Implemented: ORS 327.254; ORS 417.859
ODE 17-2020, adopt filed 04/23/2020, effective 04/23/2020

Or. Admin. R. 581-017-0653 Reengagement Grants: Fund and Grand Administration

(1) Moneys for the Reengagement Grants will come from the Statewide Education Initiatives Account established by ORS 327.250.

(2) For each biennium, the Youth Development Division will determine the total amount of funds to be made available for Reengagement Grants.

(3) The Oregon Department of Education will distribute funds for the Reengagement Grants according to the direction of the Youth Development Division.

(4) Reengagement Grants will be administered by the Youth Development Division, as described in OAR 423-160-0011.

(5) Reengagement Grant funds may be used by a Reengagement Program for the provision of Reengagement Services.

History

Statutory/Other Authority: ORS 327.254; ORS 417.859
Statutes/Other Implemented: ORS 327.254; ORS 417.859
ODE 17-2020, adopt filed 04/23/2020, effective 04/23/2020

Or. Admin. R. 581-017-0655 Reengagement Grants: Funding Criteria

(1) Reengagement Grants may be awarded to Reengagement Programs that meet the following criteria:

(a) The Reengagement Program must comply with any eligibility and performance standards adopted by the Youth Development Council;

(b) The Reengagement Program must comply with all grant proposal requirements specified by the Youth Development Division in OAR 423-160-0011;

(c) The Reengagement Program must enroll Eligible Youth in Reengagement Services. Enrollment in Reengagement Services must include regular contact between a Reengagement Program and an enrolled youth, which shall be in the form of in-person instruction, counseling, case management and/or career coaching.Virtual service delivery, including virtual instruction and case management, may be incorporated, subject to guidance from the Youth Development Division, and/or when required by executive order or agency guidance.Requirements for the frequency and type of contact with be determined by the Youth Development Division, as part of establishing the process for administering grants under OAR 423-160-0011; and

(d) The Reengagement Program must make educational services available, which may include credit-bearing high school course work leading to a diploma, GED preparation and testing, and online/virtual coursework.

(2)A reengagement program must provide to the Youth Development Division information that, at a minimum, describes:

(a) How the school district or other entity will identify, refer and enroll eligible youths;

(b) How academic instruction and services will be provided through the youth reengagement program and what academic instruction and services will be provided;

(d) How any applicable assessments under ORS 329.485 or 329.488 will be administered;

(e) How the reengagement program will provide special education and related services for eligible youths with disabilities who have an individualized education program, or will provide necessary accommodations and plans for eligible youths who qualify under section 504 of the Rehabilitation Act of 1978 (29 U.S.C. 794);

(f) How the reengagement program will ensure that eligible youths receive appropriate in-person guidance or support; and

(g) How the school district or other entity will record and report performance measures for purposes of accountability, including longitudinal monitoring of student progress, advancement to post-secondary education, and employment readiness.

(3) Funding to a Reengagement Program may be made contingent upon the successful completion of performance measure targets and standards developed by the Youth Development Division.

History

Statutory/Other Authority: ORS 327.254; ORS 417.859
Statutes/Other Implemented: ORS 327.254; ORS 417.859
ODE 17-2020, adopt filed 04/23/2020, effective 04/23/2020

Or. Admin. R. 581-017-0660 Early Indicator and Intervention System: Definitions

The following definitions apply to OAR 581-017-0660 to 581-017-0672:

(1) “ADMw” or “weighted average daily membership” means the weighted average daily membership of a school district, as calculated under ORS 327.013(1)(c)(A).

(2) “Corrective action” means necessary action made to the educational system to assist K-12 students to make progress towards and ultimately receive a high school diploma. Corrective action can include, but is not limited to, changes to the school climate and culture, learning environment, instructional approach, course offerings, efforts to engagement families and caregivers, student support services, supports for student mental and physical health, allocation of resources, student support services, or school or district policy. Corrective actions that may be taken must be based on research on graduation rates and on reports of individual students related to:

(a) Regular attendance;

(b) Loss of instructional time or support related to behavior at school;

(c) Academic or skill progress (which may include credit attainment, grades, GPA, assessment results, and/or proof of proficiency-based learning);

(d) Agency – A students’ ownership, active participation, and ability to make change in their learning experience

(e) Belonging – A student’s feeling of respect and acceptance at school and having a sense that school is relevant to their lives

(f) Connectedness – The strength of a student’s relationships with peers and adults at school

(g) Social-emotional well-being – A student’s skills in self-awareness, self-management, social awareness, relationships, and responsible decision-making

(h) If historically linked to graduation outcomes at the local district, other factors may be considered, including but not limited to:

(A) Participation in extracurricular activities;

(B) Participation in cultural experiences and activities; and

(C) Attainment of college credits through accelerated learning programs, including, but not limited to: credit-bearing, career and technical education (CTE); dual credit, sponsored dual credit, and assessment-based learning credit; expanded options; online courses; Advanced Placement; and International Baccalaureate.

(3) “Early Indicator and Intervention Systems” means the early warning system established by the Student Success Act in ORS 327.367.

(4) “Early Indicator and Intervention Systems Grant” means the grant established by the Student Success Act in ORS 327.367.

History

Statutory/Other Authority: ORS 327.367
Statutes/Other Implemented: ORS 327.367
ODE 17-2026, amend filed 04/21/2026, effective 04/21/2026
ODE 29-2020, adopt filed 06/23/2020, effective 06/23/2020

Or. Admin. R. 581-017-0663 Early Indicator and Intervention System: Eligibility

(1) The following entities shall be eligible to receive an Early Indicator and Intervention Systems Grant:

(a) School districts;

(b) Public charter schools;

(d) Youth Correctional Education Programs;

(e) Juvenile Detention Educational Programs;

(f) Long Term Care and Treatment Educational Programs or

(g) Consortia of two or more eligible entities .

(2) An education service district may serve as fiscal agent for a consortia or eligible entity .

History

Statutory/Other Authority: ORS 327.367
Statutes/Other Implemented: ORS 327.367
ODE 17-2026, amend filed 04/21/2026, effective 04/21/2026
ODE 29-2020, adopt filed 06/23/2020, effective 06/23/2020

Or. Admin. R. 581-017-0666 Early Indicator and Intervention System: Criteria

(1) The Department of Education will establish a process for eligible grant recipients to request the Early Indicator and Intervention Systems Grant each biennium for which grant funds are available. The Department shall notify eligible applicants of the request process and due dates, and make available necessary guidelines and application forms.

(2) All requests for grants must comply with the requirements of ORS 327.367. To receive funds, a grant recipient must:

(a) Implement an Early Indicator and Intervention System that enables the following entities to take corrective actions:

(A) School districts;

(B) Students;

(D) Educators;

(E) Tribal governments;

(F) School counselors; and

(G) Community organizations.

(b) Participate in the continuum of supports provided by the Department, including assistance related to equitable implementation of the system.

(3) Allowable uses of the Early Indicator and Intervention Systems grant may include:

(a) System software purchases and subscriptions;

(b) Staffing to maintain and facilitate the implementation and improvement of the system and to facilitate corrective action;

(d) Data analysis and research;

(e) Tribal government consultation;

(f) Student, family, staff, and community engagement; and

(g) Additional evidence-based investments as determined by the Department.

History

Statutory/Other Authority: ORS 327.367
Statutes/Other Implemented: ORS 327.367
ODE 17-2026, amend filed 04/21/2026, effective 04/21/2026
ODE 29-2020, adopt filed 06/23/2020, effective 06/23/2020

Or. Admin. R. 581-017-0669 Early Indicator and Intervention System: Funding

(1) For purposes of establishing the amount of grant funds apportioned to eligible applicants, the Oregon Department of Education will use the most current finalized ADMw from the State School Fund from the year prior to the start of each biennium.

(2) If an eligible applicant experiences an increase in their K-12 student enrollment, they may submit a request for recalculation to the Oregon Department of Education by April 30 of each even numbered year.

(3) The Department will determine the amount of the grant based on the formula described in 327.367(5(a-c).

(4) Grant recipients will be eligible to expend funds until June 30 of year two of the biennium. Any allocated funds that are not used by a grant recipient by June 30 of year two of the biennium will be returned to the Statewide Education Initiatives Account for reallocation in a subsequent fiscal year.

History

Statutory/Other Authority: ORS 327.367
Statutes/Other Implemented: ORS 327.367
ODE 17-2026, amend filed 04/21/2026, effective 04/21/2026
ODE 29-2020, adopt filed 06/23/2020, effective 06/23/2020

Or. Admin. R. 581-017-0672 Early Indicator and Intervention System: Reporting

Each year, a recipient of an Early Indicator and Intervention Systems Grant must report on the grant in the manner and form required by the Department.

History

Statutory/Other Authority: ORS 327.367
Statutes/Other Implemented: ORS 327.367
ODE 17-2026, amend filed 04/21/2026, effective 04/21/2026
ODE 29-2020, adopt filed 06/23/2020, effective 06/23/2020

Or. Admin. R. 581-017-0675 American Indian/Alaska Native Student Success Plan Grant Program: Definitions

The following definitions apply to OAR 581-017-0675 to 581-017-0690:

(1) “American Indian/ Alaska Native Student Success Plan Grant” or “Grant” means a Grant established under ORS 329.843.

(2) “Community-Based Organization” means a nonprofit organization that is representative of a community or significant segments of a community, and that is located within or in close proximity to the community it serves.

(3) “Community Voice” means that members representing the community served by the project must be involved in the design, implementation, and/or provide strategic guidance.

(4) “Culturally Responsive” means the implicit recognition and incorporation of the cultural knowledge and experience of students served by the plan in teaching, learning and assessment. This includes identifying and valuing: students’ cultural assets in instruction and assessment; diverse frames of reference that correspond to multifaceted cultural perspectives/experiences; and performance styles in the classroom that do not reflect dominant values of achievement or success.

(5) “Culturally Specific Organization” means an organization that serves a particular cultural community and is primarily staffed and led by members of that community; these organizations demonstrate intimate knowledge of lived experience of the community, including but not limited to the impact of structural and individual racism or discrimination on the community; knowledge of specific disparities or challenges documented in the community and how that influences the structure of their program or service; ability to describe the community’s cultural practices, health and safety beliefs/practices, positive cultural identity/pride/resilience, religious beliefs, etc. and how their services have been adapted to those cultural norms.

(6) “Department” means the Oregon Department of Education.

(7) “Disproportionate Discipline” means disproportionate rates of suspensions and expulsions for American Indian/ Alaska Native students compared to their white classmates who commit similar infractions and who have similar discipline histories.

(8) “Opportunity gap” refers to the effects and disparities the dominant, White supremacist system and culture has historically, currently, and intentionally created for groups of students where factors such as race, ethnicity, socioeconomic status, English proficiency, geography, financial wealth, gender, sexuality, familial situations, and disabilities determine or constrain what opportunities the system offers and how these affect their educational aspiration, achievement, and attainment. These effects and disparities form an educational debt that the dominant educational system owes to marginalized students as well as a need to address and shift the system itself.

(9) “Student” means individuals who self-identify as American Indian/ Alaska Native who are enrolled in early childhood through post-secondary education.

(10) “Tribe” means a federally recognized tribal government in Oregon: the Burns Paiute Tribe; the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians; the Cow Creek Band of Umpqua Tribe of Indians; the Confederated Tribes of Grand Ronde; the Confederated Tribes of Siletz Indians; the Confederated Tribes of the Umatilla Indian Reservation; the Confederated Tribes of Warm Springs; the Coquille Indian Tribe, and the Klamath Tribes.

History

Statutory/Other Authority: ORS 329.843
Statutes/Other Implemented: ORS 329.843
ODE 50-2020, adopt filed 11/30/2020, effective 11/30/2020
ODE 28-2020, temporary adopt filed 06/23/2020, effective 06/23/2020 through 12/19/2020

Or. Admin. R. 581-017-0678 American Indian/Alaska Native Student Success Plan Grant Program: Establishment

(1) There is established the American Indian/ Alaska Native Student Success Plan Grant Program to support early learning hubs, providers of early learning services, school districts, education service districts, post-secondary institutions of education, Community-Based Organizations, and Tribes that are working to design, implement, improve, expand, or otherwise revise programs and services for American Indian/ Alaska Native students.

(2) Programs and services provided under a Grant must address one or more of the strategies or objectives included in the American Indian/Alaska Native Student Success Plan.

History

Statutory/Other Authority: ORS 329.843
Statutes/Other Implemented: ORS 329.843
ODE 50-2020, adopt filed 11/30/2020, effective 11/30/2020
ODE 28-2020, temporary adopt filed 06/23/2020, effective 06/23/2020 through 12/19/2020

Or. Admin. R. 581-017-0681 American Indian/Alaska Native Student Success Plan Grant Program: Eligibility

To be eligible for an American Indian/Alaska Native Student Success Grant, an entity must:

(1) Be an early learning hub, a provider of early learning services, a school district; an education service district; a post-secondary institution of education, Tribes, a Community-Based Organization or a Culturally Specific Organization; and

(2) Serve a percentage or number of American Indian/ Alaska Native student and youth populations as determined by the Department.

History

Statutory/Other Authority: ORS 329.843
Statutes/Other Implemented: ORS 329.843
ODE 50-2020, adopt filed 11/30/2020, effective 11/30/2020
ODE 28-2020, temporary adopt filed 06/23/2020, effective 06/23/2020 through 12/19/2020

Or. Admin. R. 581-017-0684 American Indian/Alaska Native Student Success Plan Grant Program: Criteria

(1) The Department’s Office of Indian Education will establish a process for eligible entities to request an American Indian/ Alaska Native Student Success Plan Grant each grant period for which funds are available.

(2) The Department and Office of Indian Education will award grants to eligible recipients based on the following criteria:

(a) Whether the proposed project successfully implements the strategies and objectives provided in the American Indian/Alaska Native Student Success Plan; and

(b) Whether the eligible recipient is actively engaged in or prepared to enter into an inclusive partnership and/or consortium with other organizations invested in the success of American Indian/ Alaska Native students through the implementation of culturally responsive programming or services. The partnership or consortium must meet the following criteria:

(A) If the eligible recipient is a school district, early learning hub, provider of early learning services, education service district, a community-based organization, or a post-secondary institution of education, the partnership and/or consortium must include a tribe and/or a culturally specific organization that works with American Indian/ Alaska Native students.

(B) Partnerships and consortiums must designate a lead entity to serve as the fiscal agent for the Grant.

(c) Whether the applicant authentically engaged community voice, composed of American Indian/ Alaska Native community members or Tribes, in the design, implementation, or strategic guidance of the proposed project.

(3) The Office of Indian Education may give priority to applications that:

(a) Reflect geographic diversity to ensure representation of grant recipients and Students throughout the state. This includes areas of the state that demonstrate a lack of sufficient services for American Indian/ Alaska Native students;

(b) Demonstrate evidence of prior implementation of a robust Culturally Responsive program or service as a way to close Opportunity Gaps for American Indian/ Alaska Native students;

(c) Provide a sustainability plan to continue the proposed project or program for at least two years after the grant funding has ended; or

(d) Address a strategy or an objective of the American Indian/ Alaska Native Student Success Plan that requires additional support, as determined by the Office of Indian Education.

History

Statutory/Other Authority: ORS 329.843
Statutes/Other Implemented: ORS 329.843
ODE 50-2020, adopt filed 11/30/2020, effective 11/30/2020
ODE 28-2020, temporary adopt filed 06/23/2020, effective 06/23/2020 through 12/19/2020

Or. Admin. R. 581-017-0687 American Indian/Alaska Native Student Success Plan Grant Program: Funding

(1) Applicants must submit a detailed budget that explains how Grant funds will be used.

(2) Administrative costs, which include indirect costs, will be allowed as a percentage of the Grant funds disbursed as follows:

(a) Up to five percent for school districts, early learning hubs, or post-secondary institutions of education;

(b) Up to fifteen percent for Community-Based Organizations, Culturally Specific organizations, or providers of early learning services;

(c) For Tribes, up to fifteen percent or the Tribe’s federally recognized indirect rate, as provided in the grant agreement.

(d) Administrative costs for partnerships or consortiums will be allowed based on the lead entity’s organization type.

History

Statutory/Other Authority: ORS 329.843
Statutes/Other Implemented: ORS 329.843
ODE 13-2021, amend filed 04/22/2021, effective 04/22/2021
ODE 50-2020, adopt filed 11/30/2020, effective 11/30/2020
ODE 28-2020, temporary adopt filed 06/23/2020, effective 06/23/2020 through 12/19/2020

Or. Admin. R. 581-017-0690 American Indian/Alaska Native Student Success Plan Grant Program: Reporting

Grant recipients must report project or program outcomes in the manner and form required by the Office of Indian Education.

History

Statutory/Other Authority: ORS 329.843
Statutes/Other Implemented: ORS 329.843
ODE 50-2020, adopt filed 11/30/2020, effective 11/30/2020
ODE 28-2020, temporary adopt filed 06/23/2020, effective 06/23/2020 through 12/19/2020

Or. Admin. R. 581-017-0693 Latino/a/x and Indigenous Student Success Plan Grant Program: Definitions

The following definitions apply to OAR 581-017-0693 to 581-017-0708

(1) “Afro-Latino/a/x” means an individual from Mexican, Central American, South American, or Caribbean communities who identify with African ancestry.

(2) “Central American” means an individual of descent from: Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, or Panama, including Black, Afro-Latino/a/x, and Indigenous communities residing in those nations.

(3) “Community-Based Organization” means a nonprofit organization that is reflective of a community or significant segments of a community it seeks to serve.

(4) “Community Voice” means that members representing the community served by the project will be involved in co-constructing the project design, implementation, and/or providing strategic guidance in final decision-making.

(5) “Culturally Specific Organization” means an organization that serves a particular cultural community and is primarily staffed and led by members of that community; these organizations demonstrate: intimate knowledge of lived experience of the community, including but not limited to the impact of structural and individual racism or discrimination on the community; knowledge of specific disparities, barriers or challenges documented in the community and how that influences the structure of their program or service; commitment to the community’s strength-based and self-driven thriving and resilience; ability to describe and adapt their services to the community’s cultural practices, health and safety beliefs/practices, positive cultural identity/pride, religious beliefs, etc.

(6) “Department” means the Oregon Department of Education.

(7) “Disproportionate” refers to unequal or inequitable differences in access and outcomes that historical and current-day White supremacy has created between certain families, children and students. What is “proportionate,” however, must also be critically analyzed and addressed in terms of its values, intent, and ideology.

(8) “Indigenous” means an individual from Mexican, Central American, South American, or Caribbean communities who identify with indigenous or tribal communities from those geographic regions.

(9) “Latino/a/x and Indigenous Student Success Grant” or “Grant” means a grant established by ORS 329.845.

(10) “Latino/a/x and Indigenous Student Success Plan” means the plan established by ORS 329.845 and adopted by the State Board of Education.

(11) "Partnership” means a group of organizations, Tribes, districts or individuals who agree to work together with a common interest and shared vision. In a partnership, there is a high level of trust and 2-way communication, and differences in power and privilege are addressed. Roles and responsibilities on all sides are well-defined and developed with shared authority in decision making. There might be shared space and staff, with expectations and agreements in writing. .

(12) “South American” means an individual of descent from: Brazil, Colombia, Argentina, Peru, Venezuela, Chile, Ecuador, Bolivia, Paraguay, Uruguay, Guyana, Suriname, French Guiana, Falkland Island including Black, Afro-Latino/a/x, and Indigenous communities residing in those nations.

(13) “Student” means a student enrolled in early childhood through post-secondary education who:

(a) Is Latino/a/x, Hispanic, Black, Afro-Latino/a/x, or Indigenous, including individuals of Mexican, Cuban, Puerto Rican, Dominican, South American or, Central American descent; and

(b) Has experienced disproportionate results in education due to current and historical practices and policies, as identified by the State Board of Education by rule.

History

Statutory/Other Authority: ORS 329.845
Statutes/Other Implemented: ORS 329.845
ODE 46-2020, adopt filed 11/22/2020, effective 11/23/2020
ODE 25-2020, temporary adopt filed 05/28/2020, effective 05/28/2020 through 11/23/2020

Or. Admin. R. 581-017-0696 Latino/a/x and Indigenous Student Success Plan Grant Program: Establishment

(1) There is established the Latino/a/x and Indigenous Student Success Plan Grant Program to support Community-Based Organizations, early learning hubs, providers of early learning services, school districts, educational service districts, Tribes, and post-secondary institutions of education, who are working to design, implement, improve, expand, or otherwise revise programs and services for Latino/a/x and/or Indigenous students.

(2) Programs and services provided under a Grant must address one or more of the strategies or objectives included in the Latino/a/x and Indigenous Student Success Plan.

History

Statutory/Other Authority: ORS 329.845
Statutes/Other Implemented: ORS 329.845
ODE 29-2022, amend filed 05/26/2022, effective 05/26/2022
ODE 46-2020, adopt filed 11/22/2020, effective 11/23/2020
ODE 25-2020, temporary adopt filed 05/28/2020, effective 05/28/2020 through 11/23/2020

Or. Admin. R. 581-017-0699 Latino/a/x and Indigenous Student Success Plan Grant Program: Eligibility

(1) The Department will establish a process for eligible entities to apply for a Latino/a/x and Indigenous Student Success Grant.

(2) To be eligible to receive a Grant, an applicant must:

(a) Be a Community-Based Organization, early learning hub, provider of early learning services, school district, educational service district, Tribe, or post-secondary institution of education; and

(b) Demonstrate the majority of the students served by the proposed project are Students served by the plan and their families.

History

Statutory/Other Authority: ORS 329.845
Statutes/Other Implemented: ORS 329.845
ODE 29-2022, amend filed 05/26/2022, effective 05/26/2022
ODE 46-2020, adopt filed 11/22/2020, effective 11/23/2020
ODE 25-2020, temporary adopt filed 05/28/2020, effective 05/28/2020 through 11/23/2020

Or. Admin. R. 581-017-0702 Latino/a/x and Indigenous Student Success Plan Grant Program: Criteria

(1) The Department will award Grants to eligible entities based on the following criteria:

(a) Whether the proposed project successfully implements the strategies provided in the Latino/a/x and Indigenous Student Success Plan;

(b) Whether the applicant authentically and consistently engages Community Voice in the proposed project; and

(2) The Department may give priority to applications that:

(a) Are led by Culturally Specific or Community-Based Organizations that represent Latino/a/x and Indigenous communities;

(b) Demonstrate authentic and on-going Partnerships with Community-Based Organizations, Culturally Specific Organizations, school districts, early learning hubs, educational service districts, providers of early learning services, post-secondary institutions of education, or tribe(s);

(c) Will help ensure geographic diversity of the Grant program by including rural communities or other underserved communities with large Latino/a/x and Indigenous student populations; or

(d) Address a strategy or an objective of the Latino/a/x and Indigenous Student Success Plan that requires additional support, as determined by the Department.

History

Statutory/Other Authority: ORS 329.845
Statutes/Other Implemented: ORS 329.845
ODE 46-2020, adopt filed 11/22/2020, effective 11/23/2020
ODE 25-2020, temporary adopt filed 05/28/2020, effective 05/28/2020 through 11/23/2020

Or. Admin. R. 581-017-0705 Latino/a/x and Indigenous Student Success Plan Grant Program: Funding

(1) Applicants must submit a detailed budget that explains how Grant funds will be used.

(2) Administrative costs, which include indirect costs, will be allowed as a percentage of the Grant funds disbursed as follows:

(a) Up to five percent for school districts, educational service districts, early learning hubs, or post-secondary institutions of education; or

(b) Up to fifteen percent for Community-Based Organizations, Tribes, or providers of early learning services.

History

Statutory/Other Authority: ORS 329.845
Statutes/Other Implemented: ORS 329.845
ODE 29-2022, amend filed 05/26/2022, effective 05/26/2022
ODE 18-2021, amend filed 05/26/2021, effective 05/26/2021
ODE 46-2020, adopt filed 11/22/2020, effective 11/23/2020
ODE 25-2020, temporary adopt filed 05/28/2020, effective 05/28/2020 through 11/23/2020

Or. Admin. R. 581-017-0708 Latino/a/x and Indigenous Student Success Plan Grant Program: Reporting

Grant recipients must report project or program outcomes in the manner and form required by the Department.

History

Statutory/Other Authority: ORS 329.845
Statutes/Other Implemented: ORS 329.845
ODE 46-2020, adopt filed 11/22/2020, effective 11/23/2020
ODE 25-2020, temporary adopt filed 05/28/2020, effective 05/28/2020 through 11/23/2020

Or. Admin. R. 581-017-0711 Competitive Oregon Farm-to-School Grant for Reimbursement of Oregon Foods: Definitions

As used in this section:

(1) “Food processed in the State of Oregon” includes foods that were baked, frozen, ground, canned, or milled in the State of Oregon.

(2) “Food produced in the State of Oregon” includes but is not limited to foods that were grown, caught, harvested, or raised in the State of Oregon.

(3) “Minimally processed” means that the food product was processed in a manner that does not fundamentally alter the product and the product retains its inherent character. The term includes, but is not limited to, butchering livestock and poultry, cleaning fish, dicing meats, slicing produce, forming ground food products into patties, grinding meats, drying or dehydrating food products, and washing produce.

(4) “Provider of center-based programs for children” means a child care center certified by the Office of Child Care, a Head Start center, an Oregon prekindergarten program, a school district, or an education service district that both provides non-residential child care services to enrolled children and participates in the federal Child and Adult Care Food Program.

(5) “Public charter school” means a public charter school means an elementary or secondary school offering a comprehensive instructional program operating under a written agreement entered into between a sponsor and an applicant and operating pursuant to ORS 338.

(6) “Service institution” means a public or private nonprofit school, a public or private nonprofit residential summer camp, or other program sponsor that participates in the federal Summer Food Service Program.

(7) “School district” means an Oregon common school district, joint school district, union high school district, or a public charter school.

History

Statutory/Other Authority: ORS 336.431
Statutes/Other Implemented: ORS 336.431
ODE 9-2022, amend filed 01/27/2022, effective 01/27/2022
ODE 21-2021, temporary amend filed 06/22/2021, effective 06/22/2021 through 12/18/2021
ODE 40-2020, adopt filed 10/21/2020, effective 10/21/2020

Or. Admin. R. 581-017-0714 Competitive Oregon Farm-to-School Grant for Reimbursement of Oregon Foods: Establishment

The purpose of the competitive Oregon Farm-to-School grant for reimbursement of Oregon Foods is to encourage and sustain successful efforts by eligible entities to purchase or promote foods that were:

(1) Produced in the State of Oregon;

(2) More than minimally processed in the State of Oregon; or

(3) Both produced and processed in the State of Oregon.

History

Statutory/Other Authority: ORS 336.431
Statutes/Other Implemented: ORS 336.431
ODE 9-2022, amend filed 01/27/2022, effective 01/27/2022
ODE 21-2021, temporary amend filed 06/22/2021, effective 06/22/2021 through 12/18/2021
ODE 40-2020, adopt filed 10/21/2020, effective 10/21/2020

Or. Admin. R. 581-017-0717 Competitive Oregon Farm-to-School Grant for Reimbursement of Oregon Foods: Eligibility

(1) The following entities are eligible for this grant:

(a) School district,

(b) Public charter school,

(d) An entity that provides meals through the Summer Food Service Program

(2) All eligible entities shall:

(a) Be the recipient of a noncompetitive Oregon Farm-to-School grant for reimbursement of Oregon foods; and

(b) Have a zero balance of its initial noncompetitive Oregon Farm-to-School grant for reimbursement of Oregon foods award.

(3)(a) Eligible entities must submit their grant applications on the most current form prescribed by the Oregon Department of Education. The department shall publish the current request for applications form on the department’s website.

(b) If an eligible entity that has applied for a competitive Oregon Farm-to-School grant for reimbursement of Oregon foods is unable to provide the information requested in the application form, then the grant applicant must provide an explanation why the information cannot be provided. Grant applicants may submit additional information that will aid the department in evaluating their grant applications.

History

Statutory/Other Authority: ORS 336.431
Statutes/Other Implemented: ORS 336.431
ODE 9-2022, amend filed 01/27/2022, effective 01/27/2022
ODE 21-2021, temporary amend filed 06/22/2021, effective 06/22/2021 through 12/18/2021
ODE 40-2020, adopt filed 10/21/2020, effective 10/21/2020

Or. Admin. R. 581-017-0720 Competitive Oregon Farm-to-School Grant for Reimbursement of Oregon Foods: Criteria

(1) The Oregon Department of Education shall establish a request for applications solicitation and approval process to be conducted each biennium for which competitive Oregon Farm-to-School grant for reimbursement of Oregon foods funds are available.

(2)(a) Competitive Oregon Farm-to-School grants for reimbursement of Oregon foods will be awarded to those eligible entities whose grant proposals are judged by the department as best addressing the applicable evaluation criteria.

(b) The Oregon Department of Education may grant a preference to applications which address how the applicant will implement or contribute to a successful Farm-to-School operation as determined by the department. Factors that may be considered include whether the applicant has proposed:

(A) Increasing purchases of foods produced or processed in the State of Oregon;

(B) Purchasing foods produced or processed in the State of Oregon by a federally recognized Indian tribe or Native American-owned business;

(C) Implementing a plan for incorporating culturally relevant foods produced or processed in the State of Oregon into its menu;

(D) Purchasing foods produced or processed in the State of Oregon by producers or processors that have been certified or self-certified in a specific production or management practice, such as fair labor, sustainability, or animal welfare;

(E) Commercial relationships with producers or processors of foods produced or processed in the State of Oregon that have been certified or self-certified as disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses owned by a service-disabled veteran, or emerging small businesses under ORS 200.005;

(F) Providing education or promotion of Oregon foods;

(G) Healthy foods (for example fruits and vegetables, minimally processed beans and grains);

(H) Purchases directly from producers and processors, rather than through a broad-line distributor, unless they meet some of the criteria above; or

(I) Matching Oregon purchases with their own funds with at least a 25% match.

(3) The Department of Education will apply the Oregon Equity Lens when administering this grant including when determining resource allocation and making strategic investments.

History

Statutory/Other Authority: ORS 336.431
Statutes/Other Implemented: ORS 336.431
ODE 9-2022, amend filed 01/27/2022, effective 01/27/2022
ODE 21-2021, temporary amend filed 06/22/2021, effective 06/22/2021 through 12/18/2021
ODE 40-2020, adopt filed 10/21/2020, effective 10/21/2020

Or. Admin. R. 581-017-0723 Competitive Oregon Farm-to-School Grant for Reimbursement of Oregon Foods: Funding

(1) The Oregon Department of Education will award competitive Oregon Farm-to-School grant for reimbursement of Oregon foods for each biennium. If funding is available, additional competitive grants will be awarded in subsequent biennia.

(2) An eligible entity which receives a competitive Oregon Farm-to-School grant for reimbursement of Oregon foods:

(a) May reserve up to twenty-five percent of the total amount awarded for all reasonable costs incurred:

(A) Growing, harvesting, processing, packaging, sourcing, or transporting food produced or processed in the State of Oregon, including but not limited to purchasing supplies, infrastructure, labor costs, and mileage; and

(B) Developing or sustaining successful efforts to purchase or promote foods produced or processed in the State of Oregon.

(b) May not use more than ten percent of their total award for any direct administrative costs, including administrative labor and supplies.

(3) The purchase of certain foods produced or processed in the State of Oregon may not be supplanted with grant funds. The Oregon Department of Education shall develop and publish a list of those foods. Recipients of a competitive Oregon Farm-to-School grant for reimbursement of Oregon foods may not use their grants to supplant purchases of foods produced or processed in the State of Oregon that are included on the current list of ineligible foods published by the department.

(4) Recipients of a competitive Oregon Farm-to-School Program procurement grant must deposit the grant funds they receive in an account that is separate from their nonprofit food service account, or assign those funds a separate account or index number.

(5) The Oregon Department of Education may reallocate competitive Oregon Farm-to-School grant for reimbursement of Oregon foods funds to other eligible entities if grant funds either remain after awards are made or become unobligated, or if a grant recipient is not making adequate progress towards spending all of its grant award during the biennium in which the award was made.

(6) Grant funds awarded for use in one biennium may not be carried over to the following biennium, and will revert to the Oregon Department of Education at the end of the biennium, unless otherwise determined by the department.

History

Statutory/Other Authority: ORS 336.431
Statutes/Other Implemented: ORS 336.431
ODE 9-2022, amend filed 01/27/2022, effective 01/27/2022
ODE 21-2021, temporary amend filed 06/22/2021, effective 06/22/2021 through 12/18/2021
ODE 40-2020, adopt filed 10/21/2020, effective 10/21/2020

Or. Admin. R. 581-017-0726 Competitive Oregon Farm-to-School Program Procurement Grant for Reimbursement of Oregon Foods: Reporting

(1) The Oregon Department of Education shall publish performance measures for recipients of a competitive Oregon Farm to School grant for reimbursement of Oregon foods in the request for applications and any related guidance documents produced by the department.

History

Statutory/Other Authority: ORS 336.431
Statutes/Other Implemented: ORS 336.431
ODE 9-2022, amend filed 01/27/2022, effective 01/27/2022
ODE 21-2021, temporary amend filed 06/22/2021, effective 06/22/2021 through 12/18/2021
ODE 40-2020, adopt filed 10/21/2020, effective 10/21/2020

Or. Admin. R. 581-017-0729 Intensive Program & Student Success Teams: Definitions

The following definitions apply to OAR 581-017-0729 to 581-017-0744:

(1) “Advisory Body” means the entity which may include the following members: Education Service District staff, additional Department staff, district contracted personnel, additional district educators (principals, teachers and paraprofessionals), students, family, caregivers, and community members as defined by OAR 581-017-0729.

(2) “Collaboration and Coordination” means activities and expenses that help the participating school district and the Department coordinate the program.

(3) “Community Member” means:

(a) a representative of a community-based organization that serves the local community;

(b) a representative of a culturally specific organization that serves the local community;

(c) a representation of an organization that regularly partners with the school district to network resources and assist students in meeting state and local standards, and prepare students for post high school transitions; or

(d) a resident of the local community capable of representing underserved community voices.

(4) “Community Steward” means the person designated by the Department who, among other things, brings expertise and experience in developing relational and operational community agreements aimed at fostering shared accountability for changing practice, policy and experiences.

(5) “Department” means the “Oregon Department of Education”.

(6) “District Point Person” means the designated school district employee who will support implementation of the program for the participating school district.

(7) “Focal Student Group” means the specific groups of students outlined in ORS 327.180(2)(b).

(8) “Initial Allocation” means the formula allocation developed for a participating school district for the first year of the program.

(9) “Leadership Steward” means the person designated by the Department who, among other things, brings expertise and experience in transformational education leadership aimed at dismantling structures of systemic oppression.

(10) “ODE Point Person” means the designated, full-time Department employee who will serve on the Student Success Team.

(11) “School Districts” means an Oregon common school district, joint school district, or union high school district.

(12) “Stewarding Body” is the decision-making entity of the Student Success Team which must include the following members: the ODE point person, the Leadership Steward, the Teaching and Learning Steward, the Community Steward, the district superintendent, a school board member or community member, and a classroom teacher.

(13) “Student Success Team” includes both the Stewarding Body and Advisory Body.

(14) “Teaching and Learning Steward” means the person designated by the Department who, among other things, brings deep knowledge and expertise in culturally responsive, sustaining and inclusive instructional practices.

(15) "Total Allocation” means the total grant-in-aid distributed to a participating district over their participation in the program given available funds.

History

Statutory/Other Authority: ORS 327.222 & ORS 327.175
Statutes/Other Implemented: ORS 327.222
ODE 7-2025, amend filed 02/14/2025, effective 02/14/2025
ODE 2-2025, temporary amend filed 01/17/2025, effective 01/17/2025 through 07/15/2025
ODE 32-2022, amend filed 06/23/2022, effective 06/23/2022
ODE 17-2022, amend filed 03/25/2022, effective 03/25/2022
ODE 5-2021, adopt filed 01/28/2021, effective 01/28/2021

Or. Admin. R. 581-017-0732 Intensive Program & Student Success Teams: Purpose

(1) The purpose of the intensive program is to assist school districts with the highest needs.

(2) For the purpose of assisting school districts participating in the intensive program, a Leadership Steward, a Teaching and Learning Steward, and a Community Steward will work with local personnel as part of the Stewarding Body of the Student Success Team.

History

Statutory/Other Authority: ORS 327.222 & ORS 327.175
Statutes/Other Implemented: ORS 327.222
ODE 7-2025, amend filed 02/14/2025, effective 02/14/2025
ODE 2-2025, temporary amend filed 01/17/2025, effective 01/17/2025 through 07/15/2025
ODE 5-2021, adopt filed 01/28/2021, effective 01/28/2021

Or. Admin. R. 581-017-0735 Intensive Program & Student Success Teams: Eligibility

(1) The Department will review district demographic data and student outcome data to determine which school districts are most in need of additional support in the form of Student Success Teams. Districts who fall into the bottom quartile of the index will be eligible for invitation.

(2) The Department will develop a list of eligible districts once per biennium until June 30, 2025.

History

Statutory/Other Authority: ORS 327.222 & ORS 327.175
Statutes/Other Implemented: ORS 327.222
ODE 25-2026, amend filed 05/29/2026, effective 05/29/2026
ODE 7-2025, amend filed 02/14/2025, effective 02/14/2025
ODE 2-2025, temporary amend filed 01/17/2025, effective 01/17/2025 through 07/15/2025
ODE 5-2021, adopt filed 01/28/2021, effective 01/28/2021

Or. Admin. R. 581-017-0738 Intensive Program & Student Success Teams: Criteria, Agreement and Establishing Improvement

(1) The department will prioritize districts with the greatest need as determined by a review of data. Given available resources, the department will determine the number of districts to include in the program.

(2) The Department will invite a minimum of three school districts and no more than 10 districts per biennium until June 30, 2026..

(3) Acceptance of the invitation requires:

(a) Participation in the program for a minimum of four years;

(b)(A) Execution of a grant agreement to receive grant-in-aid:

(B) Grant-in-aid will continue until June 30th of the participating district’s final school year of program participation;

(c) Including the Intensive Program into district requirements to engage in Tribal Consultation with Tribal Nations, for affected districts under Section 8538 of the Every Student Succeeds Act;

(d) Commitment to scheduling and supporting regular Student Success Team meetings;

(e) Ensuring that the decision-making process of the Stewarding Body centers students’ perspectives, including represented focal student groups, as appropriate given the district’s demographics;

(f) Identifying a District Point Person to support the Intensive Program within the district for each year of participation;

(g) Acceptance and implementation of the recommendations of the Student Success Team pursuant to terms outlined in ORS 327.222.

(4) At the end of the fourth year of participation, school districts will have demonstrated improvement when:

(a) The Student Success Team determines the district has made progress in achieving the stated outcomes outlined in the district’s Aligning for Student Success integrated plan;

(b) A needs assessment, including community engagement, indicates that sufficient progress has been made;

(c) The school board and Student Success Team have established a sustainability plan to maintain and build on the progress and improvements made; and

(d) Student outcome data has improved since initial identification as measured by:

(A) Initial eligibility data; or

(B) The district is on-track to meet their longitudinal performance growth targets outlined in their Student Investment Account grant agreement.

(5) Whether a participating district has demonstrated improvement will be determined by a progress monitoring tool created by the Department using the criteria outlined in OAR 581-017-0738 (4).

(6) At the end of the fourth school year of participation, the Student Success Team may request that the district remain in the Intensive Program for one additional school year.

History

Statutory/Other Authority: ORS 327.222 & ORS 327.175
Statutes/Other Implemented: ORS 327.222
ODE 25-2026, amend filed 05/29/2026, effective 05/29/2026
ODE 7-2025, amend filed 02/14/2025, effective 02/14/2025
ODE 2-2025, temporary amend filed 01/17/2025, effective 01/17/2025 through 07/15/2025
ODE 17-2022, amend filed 03/25/2022, effective 03/25/2022
ODE 5-2021, adopt filed 01/28/2021, effective 01/28/2021

Or. Admin. R. 581-017-0741 Intensive Program & Student Success Teams: Funding

(1) The Initial Allocation will be determined as follows:

(a) Available funds will be distributed at a rate of $300 / ADMw.

(b) The maximum initial allocation a district will receive will not exceed $5,000,000.

(2) The Total Allocation for the four years will be determined using a tapered distribution over the course of four years.

(3) Additional funding for subsequent years of participation will be determined based on the district’s need to sustain existing initiatives and the available grant-in-aid funds available for the program.

(4) The Department will provide additional funds to each participating district on an annual basis to support collaboration and coordination of the program at the district level.

(a) The Department will allocate additional funding to participating districts only if there are available programmatic funds;

(b) Each district’s funding allocations will be based on a calculation determined by the Department;

(d) These funds will be provided for the duration of the district’s participation in the program;

(e) Funds will be allocated annually and unspent funds will roll-over to the subsequent year;

(f) The participating district shall ensure that these funds are spent in accordance with federal and state law as well as Department guidance to support collaboration and coordination; and

(g) These funds are not required to be approved as a formal recommendation by the Stewarding Body.

(5) With the exception of the collaboration and coordination funds referenced in 581-017-0741(3), all remaining funds will be spent in accordance with recommendations from the Student Success Teams.

History

Statutory/Other Authority: ORS 327.222 & ORS 327.175
Statutes/Other Implemented: ORS 327.222
ODE 7-2025, amend filed 02/14/2025, effective 02/14/2025
ODE 2-2025, temporary amend filed 01/17/2025, effective 01/17/2025 through 07/15/2025
ODE 32-2022, amend filed 06/23/2022, effective 06/23/2022
ODE 17-2022, amend filed 03/25/2022, effective 03/25/2022
ODE 29-2021, temporary amend filed 09/22/2021, effective 09/22/2021 through 03/20/2022
ODE 5-2021, adopt filed 01/28/2021, effective 01/28/2021

Or. Admin. R. 581-017-0744 Intensive Program & Student Success Teams: Reporting

Participating school districts must provide reports in the manner and form required by the Department and in accordance with ORS 327.222.

History

Statutory/Other Authority: ORS 327.222
Statutes/Other Implemented: ORS 327.222
ODE 5-2021, adopt filed 01/28/2021, effective 01/28/2021

Or. Admin. R. 581-017-0747 LGBTQ2SIA+ Student Success Plan Grant Program: Definitions

The following definitions apply to OAR 581-017-0747 to 581-017-0762:

(1) “LGBTQ2SIA+ Student Success Grant” means the grant established by ORS 329.847.

(2) “LGBTQ2SIA+” means a term that encompasses multiple gender identities and sexual orientations including lesbian, gay, bisexual, pansexual, transgender, nonbinary, queer, questioning, two-spirit, intersex, and asexual. The plus sign (“+”) recognizes and includes the myriad ways to describe marginalized gender identities and sexual orientations.

(3) “Community-Based Organization” means a nonprofit organization that is reflective of a community or significant segments of a community it seeks to serve.

(4) “Community Voice” means that members representing the community served by the project, including students, will be involved in co-constructing the project design, implementation, and/or providing strategic guidance in final decision-making.

(5) “Culturally Specific Organization” means an organization that serves a particular cultural community and is primarily staffed and led by members of that community; these organizations demonstrate: intimate knowledge of lived experience of the community, including but not limited to the impact of structural and individual discrimination based on gender identity and/or sexual orientation as well as other intersecting oppressions on the community; knowledge of specific disparities, barriers or challenges documented in the community and how that influences the structure of their program or service; commitment to the community’s strength-based and self-driven thriving and resilience; ability to describe and adapt their services to the community’s cultural practices, health and safety beliefs/practices, positive cultural identity/pride, religious beliefs, etc.

(6) “Department” means the Oregon Department of Education.

(7) “Partnership” means a group of organizations, Tribal governments, districts or individuals who agree to work together with a common interest and shared vision. In a partnership, there is a high level of trust and 2-way communication, and differences in power and privilege are addressed. Roles and responsibilities on all sides are well-defined and developed with shared authority in decision making. There might be shared space and staff, with expectations and agreements in writing.

(8)(a) “Plan Student” means a student enrolled in early childhood through post-secondary education who:

(A) May identify as LGBTQ2SIA+; and

(B) Has experienced disproportionate results in education due to historical practices and policies, as may be further identified by the State Board of Education by rule.

(b) For the purposes of this definition, “enrolled” means:

(A) enrollment in a school district K-12 educational program; or

(B) enrollment in a state-funded K-12 educational program, which includes but is not limited to educational programs provided by or in the following institutions: public charter schools, education service districts, long term care and treatment facilities, the Youth Corrections Education Program, the Oregon School for the Deaf, and Juvenile Detention Education Programs.

History

Statutory/Other Authority: ORS 329.847
Statutes/Other Implemented: ORS 329.847
ODE 37-2022, adopt filed 06/23/2022, effective 06/24/2022
ODE 42-2021, temporary adopt filed 12/29/2021, effective 12/29/2021 through 06/26/2022

Or. Admin. R. 581-017-0750 LGBTQ2SIA+ Student Success Plan Grant Program: Establishment

(1) There is established the LGBTQ2SIA+ Success Plan Grant Program to support Community-Based Organizations, Culturally Specific Organizations, early learning hubs, providers of early learning services, school districts, education service districts, public charter schools, Tribal governments, post-secondary institutions of education, or a consortium of these entities who are working to design, implement, improve, expand, or otherwise revise programs and services for LGBTQ2SIA+ students.

(2) The programs and services to be provided under the Grant must implement one or more of the strategies included in the LGBTQ2SIA+ Student Success Plan.

(3) Subject to available funds, the Department of Education shall award Grants based on a detailed description of proposed programming or services. The programs or services may include:

(a) The scale-up of an existing program or project; and/or

(b) The implementation of a new program or project.

(4) The purpose of the Grant program is to provide funds to applicants that document an understanding of the unique needs of LGBTQ2SIA+ students, have the potential to become exemplar programs, and who create collaborative practices relating to strategies outlined in the LGBTQ2SIA+ Student Success Plan.

History

Statutory/Other Authority: ORS 338.155 & ORS 329.847
Statutes/Other Implemented: ORS 329.847
ODE 37-2022, adopt filed 06/23/2022, effective 06/24/2022
ODE 42-2021, temporary adopt filed 12/29/2021, effective 12/29/2021 through 06/26/2022

Or. Admin. R. 581-017-0753 LGBTQ2SIA+ Student Success Plan Grant Program: Eligibility

(1) The Department will establish a process for eligible entities to apply for a LGBTQ2SIA+ Student Success Grant.

(2) To be eligible to receive a Grant, an applicant must:

(a) Be a Community-Based Organization, Culturally Specific Organization, early learning hub, provider of early learning services, school district, education service district, public charter school, Tribal government, post-secondary institution of education, or a consortium of these entities; and

(b) Demonstrate the outcomes of the grant activities are to benefit and serve LGBTQ2SIA+ students and their families.

History

Statutory/Other Authority: ORS 338.155 & ORS 329.847
Statutes/Other Implemented: ORS 329.847
ODE 37-2022, adopt filed 06/23/2022, effective 06/24/2022
ODE 42-2021, temporary adopt filed 12/29/2021, effective 12/29/2021 through 06/26/2022

Or. Admin. R. 581-017-0756 LGBTQ2SIA+ Student Success Plan Grant Program: Criteria

(1) The Department will award Grants to eligible entities based on the following criteria:

(a) Whether the proposed project successfully implements the strategies provided in the LGBTQ2SIA+ Student Success Plan;

(b) Whether the applicant authentically and consistently engages Community Voice in the proposed project; and

(2) The Department may give priority to applications that:

(a) Are led by Culturally Specific or Community-Based Organizations that represent LGBTQ2SIA+ communities;

(b) Demonstrate authentic and on-going Partnerships with Community-Based Organizations, Culturally Specific Organizations, early learning hubs, providers of early learning services, school districts, educational service districts, public charter schools, Tribal governments, post-secondary institutions of education, or a consortium of these entities that serve LGBTQ2SIA+ communities;

(c) Will help ensure geographic diversity of the Grant program by including rural communities or other underserved communities with LGBTQ2SIA+ student populations;

(d) Address a strategy of the LGBTQ2SIA+ Student Success Plan that requires additional support, as determined by the Department;

(e) Address strategies that are common across the African American/Black Student Success Plan, Latino/a/x and Indigenous Student Success Plan, and/or the American Indian/Alaska Native Student Success Plan and communities;

(f) Address the intersectionality of the student populations served by the LGBTQ2SIA+ student success plan with the other student success plans within ODE; or

(g) Provide a plan for the authentic and meaningful voice and choice of plan youth are engaged in program development, evaluation and implementation.

History

Statutory/Other Authority: ORS 338.155 & ORS 329.847
Statutes/Other Implemented: ORS 329.847
ODE 37-2022, adopt filed 06/23/2022, effective 06/24/2022
ODE 42-2021, temporary adopt filed 12/29/2021, effective 12/29/2021 through 06/26/2022

Or. Admin. R. 581-017-0759 LGBTQ2SIA+ Student Success Plan Grant Program: Funding

(1) Applicants must submit a detailed budget that explains how Grant funds will be used.

(2) Administrative costs, which include indirect costs, will be allowed as a percentage of the Grant funds disbursed as follows:

(a) Up to five percent for school districts, education service districts, public charter schools, early learning hubs, or post-secondary institutions of education;

(b) Up to fifteen percent for community-based organizations, culturally specific organizations, or providers of early learning services;

(c) For Tribal governments, up to fifteen percent or the Tribal government’s federally recognized indirect rate, as provided in the grant agreement; or

(d) Administrative costs for partnerships or consortiums will be allowed based on the lead entity’s organization type.

History

Statutory/Other Authority: ORS 338.155 & ORS 329.847
Statutes/Other Implemented: ORS 329.847
ODE 37-2022, adopt filed 06/23/2022, effective 06/24/2022
ODE 42-2021, temporary adopt filed 12/29/2021, effective 12/29/2021 through 06/26/2022

Or. Admin. R. 581-017-0762 LGBTQ2SIA+ Student Success Plan Grant Program: Reporting

Grant recipients must report project or program outcomes in the manner and form required by the Department of Education.

History

Statutory/Other Authority: ORS 329.847
Statutes/Other Implemented: ORS 329.847
ODE 37-2022, adopt filed 06/23/2022, effective 06/24/2022
ODE 42-2021, temporary adopt filed 12/29/2021, effective 12/29/2021 through 06/26/2022

Or. Admin. R. 581-017-0765 Charter School Equity Grant: Definitions

The following definitions apply to OAR 581-017-0765 to 581-017-0777:

(1) “ADMw” means the extended weighted average daily membership computed as provided in ORS 327.013(1)(c).

(2) “Charter School Equity Grant” means the grant established by ORS 327.362.

(3) “Charter School” means a public charter school that is not a virtual public charter school, as defined in ORS 338.005

(4) “December Special Education Child Count” means the data report that represents the requirement of school districts to count students ages 5-21 that have an Oregon Eligibility for Special Education, a current Individualized Education Plan (IEP) or Service Plan, and are receiving services on December 1.

(5) “Fall Membership” means the data report that represents students attending public schools and programs on the first school day in October, as derived from the 1st period cumulative average daily membership collection. Rules governing the Fall Membership report are contained in the most recent edition of the Oregon Student Membership Manual, published by the Oregon Department of Education.

(6) “Racial or ethnic groups that have historically experienced academic disparities” includes American Indian and Alaska Native students, Black and African American students, Hispanic and Latino students, Native Hawaiian and Pacific Islander students, and multiracial students.

(7) “Spring Membership” means the data report that represents students attending public schools and programs on the first school day in May, as derived from the 3rd period cumulative average daily membership collection. Rules governing the Spring Membership report are contained in the most recent edition of the Oregon Student Membership Manual, published by the Oregon Department of Education.

(8) “Students with disabilities” means students as provided in OAR 581-014-0001.

History

Statutory/Other Authority: ORS 327.362
Statutes/Other Implemented: ORS 327.362
ODE 2-2023, amend filed 01/24/2023, effective 01/24/2023
ODE 26-2022, adopt filed 05/24/2022, effective 05/24/2022
ODE 11-2022, temporary adopt filed 01/28/2022, effective 01/28/2022 through 07/26/2022

Or. Admin. R. 581-017-0768 Charter School Equity Grant: Eligibility

(1) Public charter schools shall be eligible to receive a Charter School Equity Grant if the charter school:

(a) Is not a virtual public charter school;

(b) Has a student population of which at least 65 percent of the total student population is composed of students from the following combined student groups:

(A) Racial or ethnic groups that have historically experienced academic disparities; and

(B) Students with disabilities

(2) Before each application cycle, the Department of Education will publish a list of public charter schools that meet the eligibility requirements of ORS 327.362.

(a) For public charter schools that have been in operation for one or more years, the Department will make the determination of eligibility based on the most recent finalized Spring Membership report.

(b) For public charter schools that are in their first year of operation during a grant cycle year, the Department will determine eligibility based on the most recent finalized Fall Membership report and the December Special Education Child Count report.

(3) Each eligible charter school shall provide notice before each application cycle to the Department of their intent to apply for the grant according to the process published by the Department and within the time allowed by the Department which shall not be less than 14 days.

(a) Notice must include a copy of the charter school’s contract for the provision of educational services and funding under ORS 338.155 (2) or (3).

(b) A charter school that did not provide notice of their intent to apply may not be eligible to receive a grant in the current application cycle.

History

Statutory/Other Authority: ORS 327.362
Statutes/Other Implemented: ORS 327.362
ODE 2-2023, amend filed 01/24/2023, effective 01/24/2023
ODE 26-2022, adopt filed 05/24/2022, effective 05/24/2022
ODE 11-2022, temporary adopt filed 01/28/2022, effective 01/28/2022 through 07/26/2022

Or. Admin. R. 581-017-0771 Charter School Equity Grant: Criteria

(1) The Oregon Department of Education shall establish an application and approval process to be conducted each biennium for which Charter School Equity Grant funds are available. The Department shall notify eligible applicants of the proposal process and due dates, and make available necessary guidelines and application forms.

(2) All applications must comply with requirements of ORS 327.362 and in the form and manner prescribed by the Department of Education.

(3) Upon approval of the grant application, the Department shall enter into a grant agreement with the eligible public charter school.

History

Statutory/Other Authority: ORS 327.362
Statutes/Other Implemented: ORS 327.362
ODE 26-2022, adopt filed 05/24/2022, effective 05/24/2022
ODE 11-2022, temporary adopt filed 01/28/2022, effective 01/28/2022 through 07/26/2022

Or. Admin. R. 581-017-0774 Charter School Equity Grant: Distribution of Funds

(1) The Department of Education shall determine for each year the portion of the funds available for the Charter School Equity Grant program from the Statewide Education Initiatives Account.

(2) For purposes of establishing the amount of grant funds apportioned to eligible applicants for the upcoming school year, the Oregon Department of Education will use the most current finalized ADMw from the State School Fund from the prior year at the time when the list of eligible public charter schools was published according to OAR 581-017-0768.

(3) The Department shall determine the amount of the grant for each recipient based on the following formula: Grant Amount = the public charter school’s ADMw x the difference between:

(a) The amount of the General Purpose Grant per ADMw for the school district that has contractually established payment for the provision of educational services to the public charter school’s students under ORS 338.155 (2) or (3); and

(b) The amount of the General Purpose Grant per ADMw that the public charter school receives under a contract for the provision of educational services to the public charter school’s students under ORS 338.155 (2) or (3).

(4) The Department may apply a prorate to determine primary and secondary ADMw amounts.

(5) If the sum of the amounts for each grant as determined in subsection (3) exceeds the total amount available to the Charter School Equity Grant program, the Department may prorate the amount of the grant distributed to each eligible recipient.

(6) Funds received by a charter school under this section must be separately accounted for and may be used only to provide funding for the purposes described in the grant agreement. A grant recipient may use funds for administrative costs, including indirect costs, directly related to allowed expenditures as provided in the grant agreement. Administrative costs are limited to five percent of the total expenditures.

(7) The Deputy Superintendent of Public Instruction shall resolve any issues arising from the administration and distribution of grant funds not specifically addressed in this rule. The Deputy Superintendent of Public Instruction’s determination shall be final.

History

Statutory/Other Authority: ORS 327.362
Statutes/Other Implemented: ORS 327.362
ODE 2-2023, amend filed 01/24/2023, effective 01/24/2023
ODE 26-2022, adopt filed 05/24/2022, effective 05/24/2022
ODE 11-2022, temporary adopt filed 01/28/2022, effective 01/28/2022 through 07/26/2022

Or. Admin. R. 581-017-0777 Charter School Equity Grant: Reporting

Each year, a recipient of the Charter School Equity Grant must report in the manner and form required by the Department.

History

Statutory/Other Authority: ORS 327.362
Statutes/Other Implemented: ORS 327.362
ODE 26-2022, adopt filed 05/24/2022, effective 05/24/2022
ODE 11-2022, temporary adopt filed 01/28/2022, effective 01/28/2022 through 07/26/2022

Or. Admin. R. 581-017-0783 Definitions for HB 4026 2020 Wildfire Grant

(1) “ADMw” means the weighted average daily membership of a school district, as calculated under ORS 327.013 (1)(c)(A), minus any ADMw attributable to a virtual public charter school, as defined in ORS 338.005.

(2) “District ADM” means the average daily membership, as defined in ORS 327.006, for a school district, minus any ADM attributable to a virtual public charter school, as defined in ORS 338.005.

(3) “District extended ADMw” means the ADMw or ADMw of the prior year, whichever is greater.

(4) “2020 wildfires” includes all wildfires that were identified in an executive order issued by the Governor in accordance with the Emergency Conflagration Act under ORS 476.510 to 476.610 between August 1 and September 30, 2020.

History

Statutory/Other Authority: Ch. 43, OL 2022 & Sec. 2-3
Statutes/Other Implemented: Ch. 43, OL 2022 & Sec. 2-3
ODE 52-2022, adopt filed 10/27/2022, effective 10/27/2022
ODE 38-2022, temporary adopt filed 06/24/2022, effective 06/24/2022 through 11/19/2022

Or. Admin. R. 581-017-0786 Fund Administration for HB 4026 2020 Wildfire Grant

(1) For each of the 2021-22, 2022-23, 2023-24 and 2024-25 school years, the Oregon Department of Education will determine the amount of grant funds available in the School Stabilization Subaccount for Wildfire-impacted school districts for the HB 4026 2020 Wildfire grant to be apportioned among eligible applicants for each school year.

(2) For purposes of establishing the amount of grant funds apportioned to eligible applicants in accordance with ORS 327, the Oregon Department of Education will use the most current finalized ADM, ADMw, and Extended ADMw from the State School Fund from the prior year.

(3) Grant payments will be made prior to the end of the fiscal year for which they are intended.

(4) Funds received by a grant recipient under this section must be separately accounted for and must be used in accordance with the recipient’s grant agreement for the HB 4026 Wildfire grant per ORS 327, including:

(a) Using the portion of the grant attributable to distributions from the Student Investment Account in a manner that is consistent with how the school district uses other distributions from the account; and

(b) Using the portion of the grant attributable to apportionments from the High School Graduation and College and Career Readiness Fund in a manner that is consistent with how the school district uses other apportionments from the fund.

(5) The Deputy Superintendent of Public Instruction shall resolve any issues arising from the administration of the HB 4026 2020 Wildfire grants not specifically addressed by this rule. The Deputy Superintendent of Public Instruction's determination shall be final.

History

Statutory/Other Authority: Ch. 43, OL 2022 & Sec. 2-3
Statutes/Other Implemented: Ch. 43, OL 2022 & Sec. 2-3
ODE 52-2022, adopt filed 10/27/2022, effective 10/27/2022
ODE 38-2022, temporary adopt filed 06/24/2022, effective 06/24/2022 through 11/19/2022

Or. Admin. R. 581-017-0801 Early Literacy Grants: Definitions

The following definitions apply to OAR 581-017-0801 to 581-017-0811:

(1) For Early Literacy Success School District Grants, established in ORS 327.829, “additional staff” means individuals in a school, other than teachers, administrators, or instructional assistants, who are directly involved in delivering, supporting, or coordinating literacy instruction for students.

(2) “ADMw” means the extended weighted average daily membership computed as provided in ORS 327.013(1)(c).

(3) “Coaching” means a structure that supports and develops educators through regular observation of their instruction, using a shared framework.

(4) “Community-Based Organizations” means an organization that is:

(a) Established as a nonprofit organization under the laws of this state;

(b) Qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code, as described in ORS 314.011;

(d) Driven by and representative of a community or a significant segment of a community and works to meet community needs and amplify strengths.

(5) “Community Voice” means that members representing the community served by the project, including students, will be involved in co-constructing the project design, implementation, and/or providing strategic guidance in final decision-making.

(6) “Core (also known as ‘basal’) Instructional Materials” means any organized system, which constitutes the major instructional vehicle for a given course of study, or any part thereof. A major instructional vehicle may include such instructional materials as a hardbound or a softbound book or books, or sets or kits of print and non-print materials, including electronic and internet or web-based materials or media.

(7) “Culturally Responsive” means the implicit recognition and incorporation of the cultural knowledge, experience, and ways of being and knowing of students in teaching, learning, and assessment. This includes identifying, valuing, and maintaining a high commitment to students’ cultural assets in instruction and assessment; diverse frames of reference that correspond to multifaceted cultural perspectives/ experiences; and behaviors in the classroom that can differ from White-centered cultural views of what qualifies as achievement or success.

(8) “Developmentally Appropriate” means designing and implementing learning environments to help all children achieve their full potential in literacy through:

(a) Building on each child’s strengths;

(b) Taking care to not harm any aspect of each child’s physical, cognitive, social, or emotional well-being; and

(A) Age-related characteristics that can inform what experiences are likely to best promote a student’s learning and development;

(B) What is known about each child as an individual that has implications for how best to adapt learning experiences; and

(C) The social and cultural contexts in which a student lives in order to ensure that learning experiences are meaningful, relevant, and respectful for each child and family.

(9) “Diagnostic” means assessments to identify a student's specific strengths and needs in literacy in order to determine and plan the appropriate level of instruction, pacing and intervention support.

(10) “Direct Administrative Costs” means administrative functions readily allocable to and required for administering the grant program such as oversight, grant expenditure data collection, leadership that does not include direct service to teacher or students, management, and supervision. Direct administrative costs should be a smaller proportion of the overall grant amount in relation to direct service costs.

(11) “Early Learning Hub” means any entity designated by regional partners to coordinate early learning services, as determined by rules adopted by the Early Learning Council.

(12) “Early Literacy Program” means the entirety of the curriculum, assessments, instructional materials, practices, systems, staffing, and structures in place to support comprehensive early literacy across the district.

(13) “Early Literacy Success Plan” means the elements in the application, including but not limited to the responses to the application questions, program review, and inventory, as defined in ORS 327.831.

(14) “Early Literacy Success School Grant” means the program established in ORS 327.829 and may also be referred to as “Early Literacy Success School District Grants’’.

(15) For Early Literacy Success School District Grants, established in ORS 327.829, “Eligible Applicant” means a school district or public charter school that serves students in grades prekindergarten/preschool through third grade. This can include districts and public charter schools that serve students in grades prekindergarten/preschool through eighth grade or prekindergarten/preschool through twelfth grade, given the application focuses on specific grade levels named in ORS 327.825. Per ORS 327.825 and ORS 327.831, virtual public charter schools are not eligible applicants for this grant.

(16) For Tribal Grants, established in ORS 327.843(2)(d), “Eligible Applicant” means:

(a) Burns Paiute Tribe;

(b) The Confederated Tribes of Coos, Lower Umpqua, and Siuslaw;

(d) Confederated Tribes of Grand Ronde;

(e) Confederated Tribes of Siletz;

(f) Confederated Tribes of Warm Spring Indian Reservation;

(g) Confederated Tribes of Umatilla Indian Reservation;

(h) Coquille Tribe; or

(i) Klamath Tribes.

(17) For Community Grants, established in ORS 327.843, “Evidence-Based” means practices with a proven record of success based on reliable, trustworthy, and valid evidence that when the practices are implemented with fidelity, students can be expected to make adequate gains in early literacy. Instructional practices, activities, strategies, or interventions that are “evidence-based” should not just privilege scientific evidence, but also be driven by evidence stemming from the perspectives of those affected by those practices, activities, strategies, or interventions such as:

(a) Tribal consultation, recommendations, and experiences of American Indian/ Alaska Native community members or Tribes.

(b) Community-driven, culturally-responsive/sustaining/specific, non-dominant and non-Western ways of knowing, being, and researching.

(18) “Extended Learning Program” means literacy programming which shall:

(a) Use “Research-aligned literacy strategies” as defined in ORS 327.825 and is based on “Science of reading and writing” as defined in ORS 327.825 and meets the criteria established by the Department in OAR 581-017-0811;

(b) Occur outside of the traditional school day, which could include, but is not limited to afterschool and summer; and

(c) Be administered either by a licensed teacher of any subject area or by a qualified tutor, which is defined for School District Grants as a person who has the training necessary to implement the research-aligned tutoring model effectively or a high-dosage tutoring provider from the Qualified List for High-Dosage Tutoring established in section 20.

(19) “Fidelity” means how closely prescribed procedures are followed and, in the context of schools, the degree to which educators implement programs, assessments, and implementation plans the way they were intended.

(20) “Formative” means a process of collecting and responding to evidence of student learning; the information gained about student learning is used in the course of instruction to respond to and adjust instruction.

(21) For Early Literacy Success School District Grants, established in ORS 327.829, “High-Dosage Tutoring’’ is additionally defined as tutoring that:

(a) Is provided in addition to regular core instruction;

(b) Is provided during the school year, which may occur during the school day or before/after school, and may also be provided during school breaks, including summer;

(c) Uses a research-aligned tutoring model, which is defined for School District Grants as a tutoring model that uses “Research-aligned literacy strategies” as defined in ORS 327.825, is based on the “science of reading and writing” as defined in ORS 327.825, and meets the criteria established by the Department in section OAR 581-017-0811;

(d) Is administered by a qualified tutor which is defined for School District Grants as a person who has the training necessary to implement the research-aligned tutoring model effectively and criteria established by the Department in section OAR 581-017-0811;

(e) Is provided to four or fewer students; and

(f) Integrates reading and writing in a way that is aligned to Oregon’s ELA Content Standards and to students’ reading instructional needs, based on student assessment data and other evidence of student learning.

(22) For Early Literacy Success Community Grants, established in ORS 327.843, “High-Dosage Tutoring’’ is additionally defined as tutoring that:

(a) Is provided outside of the school day;

(b) Is provided by a qualified and trained tutor which is defined for Community Grants as a person who has the training necessary to implement the research-aligned tutoring model effectively;

(c) Uses a research-aligned tutoring model that employs evidence-based strategies and is administered in a culturally responsive manner and that is combined with the training necessary for tutors to implement the model effectively;

(d) Is provided to four or fewer students;

(e) Uses materials that are aligned to the program; and

(f) Uses student assessment data and other evidence of student learning to inform tutoring sessions and adjust to student needs.

(23) For Tribal Grants, established in ORS 327.843(2)(d), “High-Dosage Tutoring” is additionally defined and determined by each of Oregon’s nine sovereign nations and the work plans developed by each nation.

(24) For Early Literacy Success Community Grants: “Indirect costs” means costs not readily identifiable with the activities of the grant but incurred for the joint benefit of those activities and other activities of the organization.

(25) “Literacy coaches” means a licensed educator who:

(a) Has advanced training or certification in “research-aligned literacy strategies” and “the science of reading and writing” as defined in ORS 327.825 that was either:

(A) Included as a course(s) in an educator preparation program;

(B) Included as a course(s) in a post-graduate degree program in teaching reading or literacy;

(D) Provided by a school district or ESD;

(b) Has a literacy-focused licensure endorsement;

(d) Are additionally defined in OAR 584-210-0170.

(26) “Literacy specialists or interventionists” means a licensed educator who:

(a) Has advanced training or certification in “research-aligned literacy strategies” and “the science of reading and writing” as defined in ORS 327.829 that was either:

(A) Included as a course(s) in an educator preparation program;

(B) Included as a course(s) in a post-graduate degree program in teaching reading or literacy;

(D) Provided by a school district or ESD;

(b) Has a literacy-focused licensure endorsement; and

(27) For Early Literacy Success School District Grants, established in ORS 327.829, “Outcomes’’ is defined as literacy achievement as measured by the student growth assessment and other sources of evidence related to literacy achievement.

(28) “Partnership” means a group of organizations, Tribal governments, districts or individuals who agree to work together with a common interest and shared vision. In a partnership, there is a high level of trust and communication, and differences in power and privilege are addressed. Roles and responsibilities on all sides are well-defined and developed with shared authority in decision making. There might be shared space and staff, with expectations and agreements in writing.

(29) “Professional Development” means learning that is systemic, job-embedded, and aligned to current research, training, and practices that support educator and student learning.

(30) “Provider of Early Learning Services” means a public or non-profit entity that provides education and learning opportunities for children in grades pre-Kindergarten to third grade through the provision of services that:

(a) Supports families, caregivers, and community members to incorporate research-aligned early learning practices outside of the school day; or

(b) A program that directly provides research-aligned early learning services outside of the school day.

(31) “Public Library” means a public agency that provides to all residents of a local government unit free and equal access to library and information services that are suitable for persons of all ages.

(32) “Regular Core Instruction” means instruction in the general education setting as part of every student's regular schedule that is aligned to grade-level standards and inclusive of every student in the classroom.

(33) “Statewide Education Initiatives Account” means the account as established in ORS 327.250.

(34) “Student Growth Assessment” means a process of evidence collection and review, which includes tests (for example, criterion referenced or developmental continuum) alongside other sources of evidence for the purpose of monitoring students’ growth towards proficient reading and writing. Grant recipients shall avoid making determinations about student growth from a single source of evidence/test score.

(35) “Student Groups that have Historically Experienced Disparities” includes:

(a) “Students Experiencing Poverty,” which means students who meet one or more of the following qualifications:

(A) Are participating in Supplemental Nutrition Assistance Program funded by the United States Department of Agriculture;

(B) Are participating in the Temporary Assistance for Needy Families program as defined in Title IV of the Social Security Act;

(D) Are migrant students.

(b) “Students from Racial or Ethnic Groups that Have Historically Experienced Academic Disparities,” which includes, but is not limited to American Indian and Alaska Native students, Black and African American students, Hispanic and Latino students, Asian students, Native Hawaiian and Pacific Islander students, and multiracial students and any other racial or ethnic group identified by the eligible applicant as historically experienced academic disparities.

(c) “Students with Disabilities,” which means a child with a disability as defined in ORS 343.035(1) and ORS 343.035(14)(b).

(d) “English Language Learners,” which means or “English learners,” which means a student who has limited English language proficiency because English is not the native language of the student or the student comes from an environment where a language other than English has had a significant impact on the student’s level of English language proficiency.

(e) “Foster Students” as defined in ORS 30.297(5)(c).

(f) “Students who are Homeless” has the same meaning as in section 725 of the McKinney-Vento Act, 42 USC § 11434a (2).

(g) Students who attend an elementary school that:

(A) Is identified for comprehensive support and improvement or for targeted support and improvement under the federal Every Student Succeeds Act (P.L. 114-95, 129 Stat. 1802) regardless of whether the school is receiving funding; or

(B) Qualifies for assistance under Title I of the federal Elementary and Secondary Education Act of 1965; "whereas qualifying for assistance under Title I" means at least 35% of the school’s students are experiencing poverty, or the school receives Title I-A funds as determined by the district.

(h) “LGBTQ2SIA+ Students,” which means students who may have one or multiple gender identities and/or sexual orientations including lesbian, gay, bisexual, pansexual, transgender, nonbinary, queer, questioning, two-spirit, intersex, and asexual. The plus sign (“+”) recognizes and includes the myriad ways to describe marginalized gender identities and sexual orientations.

(i) “Students Recently Arrived,” which means a student who was NOT born in any state or US Territory and who has not been attending one or more schools in any one or more state for more than three full academic years.

(j) “Migratory Students,” which means a student whose is a migratory worker or whose parent or guardian is a migratory worker in the agricultural, dairy, lumber, or fishing industries and who has moved due to economic necessity between school districts in the last thirty six months, and is eligible to be a part of the Title 1-C Migrant Education Program.

(k) “Justice involved youth” means a student who is pre or post adjudication, been or currently detained in a secure juvenile justice facility, and/or been or currently placed in a community juvenile justice program.

History

Statutory/Other Authority: ORS 327.829
Statutes/Other Implemented: ORS 327.825 - 327.845
ODE 6-2026, amend filed 02/25/2026, effective 02/25/2026
ODE 27-2025, amend filed 05/22/2025, effective 05/22/2025
ODE 22-2024, minor correction filed 05/02/2024, effective 05/02/2024
ODE 13-2024, adopt filed 03/22/2024, effective 03/22/2024

Or. Admin. R. 581-017-0802 Early Literacy Community Grants Program: Establishment

(1) There is established the Early Literacy Community Grants Program to support Community-Based Organizations, early learning hubs, providers of early learning services, Tribes, public libraries, post-secondary institutions of education, or a consortium of these entities who are working to:

(a) expand culturally responsive early literacy programs for children in early elementary grades by:

(A) encouraging family and caregiver engagement; and

(B) providing research-aligned professional training and coaching for direct service staff in early literacy;

(b) develop and implement culturally and linguistically responsive programs that engage parents and children in early elementary grades in early literacy;

(c) provide high-dosage tutoring programs and training to tutors to qualify the tutors for instruction in a culturally and linguistically responsive manner consistent with research-aligned literacy strategies.

(2) The programs and services to be provided under the Grant must demonstrate alignment to district provided early literacy instruction from the region(s) where programs and services are being implemented, as well as, programs related to culturally-specific parent and child support.

(3) Subject to available funds, the Department of Education shall award Grants based on a detailed description of proposed programming or services. The programs or services include:

(a) scale-up of an existing program or project that provides early literacy high-dosage tutoring, family engagement to support early literacy success, and training for the provision of high-dosage tutoring; or

(b) implementation of a new program or project that provides early literacy high-dosage tutoring, family engagement to support early literacy success, and training for the provision of high-dosage tutoring.

History

Statutory/Other Authority: ORS 327.829
Statutes/Other Implemented: ORS 327.825 to 327.827 & ORS 327.843 to 327.845
ODE 13-2024, adopt filed 03/22/2024, effective 03/22/2024

Or. Admin. R. 581-017-0803 Early Literacy Community Grants Program: Eligibility

(1) The Department will establish a process for eligible entities to apply for Early Literacy Community Grants.

(2) To be eligible to receive a Grant, an applicant must:

(a) be a community-based organization, early learning hub, provider of early learning services, post-secondary institution of education, public library, or a consortium of these entities; and

(b) demonstrate infrastructure and systems necessary to provide early literacy high-dosage tutoring, family engagement to support early literacy success, and training for the provision of high-dosage tutoring.

History

Statutory/Other Authority: ORS 327.829
Statutes/Other Implemented: ORS 327.825 to 327.827 & ORS 327.843 to 327.845
ODE 13-2024, adopt filed 03/22/2024, effective 03/22/2024

Or. Admin. R. 581-017-0804 Early Literacy Community Grants Program: Criteria

The Department will award Grants to eligible entities based on the following criteria:

(1) whether the proposed project successfully implements the provision of early literacy high-dosage tutoring, family engagement to support early literacy success, and training for the provision of high-dosage tutoring;

(2) whether the applicant authentically and consistently engages community voice in the proposed project;

(3) whether the applicant’s proposed project demonstrates reasonable, allocable, and necessary distribution of Grant funds and resources across program activities to accomplish the objectives of providing early literacy high-dosage tutoring, family engagement to support early literacy success, and training for the provision of high-dosage tutoring, as determined by the Oregon Department of Education;

(4) whether the applicant can demonstrate infrastructure and systems necessary to achieve outcomes to provide early literacy high-dosage tutoring, family engagement to support early literacy success, and training for the provision of high-dosage tutoring; and

(5) the need for services for Student groups that have historically experienced disparities in the region(s) that an Applicant proposes to serve.

History

Statutory/Other Authority: ORS 327.829
Statutes/Other Implemented: ORS 327.825 to 327.827 & ORS 327.843 to 327.845
ODE 13-2024, adopt filed 03/22/2024, effective 03/22/2024

Or. Admin. R. 581-017-0805 Early Literacy Community Grants Program: Funding

(1) Applicants must submit a detailed budget that explains how Grant funds will be used. Expenditures for community grants must be approved prior to being incurred and align with agency policy.

(2) Indirect costs will be allowed as a percentage of the direct costs of the Grant award disbursed as follows:

(a) Up to five percent for school districts, education service districts, public charter schools, early learning hubs, or postsecondary institutions of education;

(b) Up to fifteen percent for community-based organizations, public libraries, or providers of early learning services;

(d) For Tribes, up to fifteen percent or the Tribe’s federally recognized indirect rate, as provided in the grant agreement.

(3) Applicants may use Grant funds only for authorized purposes.

History

Statutory/Other Authority: ORS 327.254, ORS 327.274, ORS 327.800, ORS 327.843 & HB 3198 (2023)
Statutes/Other Implemented: HB 3198 (2023)
ODE 5-2025, amend filed 02/14/2025, effective 02/14/2025
ODE 51-2024, temporary amend filed 10/25/2024, effective 10/25/2024 through 04/22/2025
ODE 13-2024, adopt filed 03/22/2024, effective 03/22/2024

Or. Admin. R. 581-017-0806 Early Literacy Community Grants Program: Reporting

Grant recipients must report project or program outcomes in the manner and form required by the Department of Education.

History

Statutory/Other Authority: ORS 327.829
Statutes/Other Implemented: ORS 327.825 to 327.827 & ORS 327.843 to 327.845
ODE 13-2024, adopt filed 03/22/2024, effective 03/22/2024

Or. Admin. R. 581-017-0807 Early Literacy Tribal Grants

(1) Establishment of Early Literacy Tribal Grants:

(a) The Early Literacy Tribal Grants program is established in ORS 327.827 to support the federally recognized Tribes of this statein developing and implementing early literacy and language programs that reflect their unique cultural, linguistic, and educational needs,including family-engaged literacy, extended learning, and Tribal language revitalization efforts that support early literacy development for children in early elementary grades, as authorized under ORS 327.843.

(b) The Oregon Department of Education (“ODE”), Office of Indian Education, shall collaborate with each Tribe to ensure that the development and implementation of the Early Literacy Tribal Grants program reflect tribal sovereignty and the unique cultural, linguistic, and educational needs of each nation , consistent with ORS 327.843(3)(c) and ORS 182.162 to 182.168.

(2)(a) Eligibility for Early Literacy Tribal Grants:

(b) Eligibility for Early Literacy Tribal Grants is limited to the federally recognized Tribes in Oregon.

(3) Criteria for Early Literacy Tribal Grants:

(a) Tribes must submit Early Literacy Plan that includes the preservation and revitalization of tribal languages, the integration of culturally responsive practices, and the support of family and community engagement in early literacy development.Plans must include data related to participation and a description of how funded activities support early literacy development for children in early elementary grades or Tribal language revitalization, or both.

(b) Tribal Early Literacy Grant funds may support programming that serves students beyond early elementary grades, including vertically aligned, intergenerational, or community-based models, provided funded activities support early literacy development for children in early elementary grades or Tribal language revitalization efforts authorized under ORS 327.843(1)(d), or both.

(4) Funding for Early Literacy Tribal Grants:

(a) Tribes can access funds based on their proposed project plan, which shall outline the intended use of the funds and the specific early literacy and language initiatives to be implemented, and which must be aligned with the purposes of ORS 327.843.

(b) Tribes are eligible to apply up to fifteen percent (15%) or the Tribe’s federally recognized indirect rate, as provided in the grant agreement. This rate reflects the unique internal governance structures and needs of tribes, ensuring alignment with their sovereign status and operational requirementsas provided in the grant agreement, consistent with OAR 581-017-0805.

(5) Reporting and accountability:

(a) Reporting requirements will be flexible, culturally responsive, with minimal administrative burden to the Tribe;

(b) Metrics of success for Early Literacy Tribal Grants will be co-developed with each Tribe to reflect each Tribe’s unique needs and priorities ;

(c) Reports shall align with Early Literacy and language priorities identified in the Tribe’s approved Early Literacy Plan;

(d) ODE will customize reports in collaboration with each Tribe’s Early Literacy Plan; and

(e) Each Tribe will provide a minimum of two reports per biennium.

History

Statutory/Other Authority: ORS 327.829, ORS 327.843 & ORS 328.827
Statutes/Other Implemented: ORS 327.825 - 327.845 & ORS 327.843
ODE 36-2026, amend filed 06/22/2026, effective 06/22/2026
ODE 9-2026, temporary amend filed 03/23/2026, effective 03/23/2026 through 09/18/2026
ODE 5-2025, amend filed 02/14/2025, effective 02/14/2025
ODE 13-2024, adopt filed 03/22/2024, effective 03/22/2024

Or. Admin. R. 581-017-0808 Early Literacy Success School District Grants: Grant Administration

(1) Eligible applicants with more than one elementary school shall prioritize distribution of funding and resources to a school or schools based on the school(s) meeting one or more of the following characteristics:

(a) have the lowest rates of proficiency in literacy of elementary schools in the district;

(b) identified for comprehensive support and improvement or for targeted support and improvement under the federal Every Student Succeeds Act (P.L. 114-95, 129 Stat. 1802) based in part on literacy score;

(d) have a higher portion of student groups that have historically experienced academic disparities compared to other elementary schools in the district.

(2) Rates of proficiency shall be determined using multiple sources of data which shall include state Language Arts summative assessment data and, for eligible applicants who serve English Language Learners, English Language Proficiency Assessment data and may include interim, benchmark, Language Arts proficiency and other early literacy assessments of student proficiency in literacy in any language.

(3) The Oregon Department of Education shall verify that districts complied with sections (1)-(2) of this rule by requiring in the grant application an explanation of how funding and resources were distributed across schools within the district and how prioritization was determined. The Department shall evaluate this information within the application narrative and budget.

(4) The Department, informed by grantee applications and reporting, may identify specific interventions and technical assistance to be provided statewide or regionally through education service districts, where resources are available to do so.

(5)Rules will be applied by ODE for grant administration of the Early Literacy Success Initiative beginning July 1, 2025.

History

Statutory/Other Authority: ORS 327.829 & ORS 327.833
Statutes/Other Implemented: ORS 327.825 to 327.837
ODE 13-2024, adopt filed 03/22/2024, effective 03/22/2024

Or. Admin. R. 581-017-0809 Early Literacy Success School District Grants: Fund Administration

(1) For each biennium, The Oregon Department of Education will determine the amount of grant funds from the Statewide Education Initiatives Account to be apportioned among eligible applicants.

(2) For the 2024-2025 school year, the Oregon Department of Education shall determine the portion of funds available to each eligible applicant, using K-5 data. In calculating the portion available to each eligible applicant, the Oregon Department of Education shall use the most current finalized ADMw from the State School Fund from the prior year.

(3) For the 2025-2026 school year and thereafter, the Oregon Department of Education shall determine the portion of funds available to each eligible applicant, using K-3 data. In calculating the portion available to each eligible applicant, the Oregon Department of Education shall use the most current finalized ADMw from the State School Fund from the prior year.

(4) The department will determine floor funding for each biennium while ensuring eligible applicants with an ADMw of 50 or less, but not greater than 350 ADMw, will receive a minimum grant award.

(5) If an eligible applicant does not apply for the Early Literacy Success School Grant by the close of the application period, the amount of their grant funds will revert to the Statewide Education Initiatives Account.

(6) Following approval of the grant agreement, an eligible recipient will receive payments of at least 25 percent on a quarterly basis per annual allocation. If adjustments to installment payments are required, a lower percentage may be used.

(7) Grant recipients will be eligible to expend funds until June 30 of year two of the biennium. Any allocated funds that are not used by a grant recipient by June 30 in year two of the biennium will be returned to the Statewide Education Initiatives Account for distribution in the next biennium.

(8) Funds received by a grant recipient under this section must be separately accounted for and must be used in accordance with the recipient’s grant agreement for the Early Literacy Success School Grant. A grant recipient may use funds for administrative costs, including indirect costs, directly related to allowed expenditures as provided in the grant agreement. Administrative costs are limited to five percent of the total expenditures.

(9) The Deputy Superintendent of Public Instruction shall resolve any issues arising from the administration of the Early Literacy Success School Grants not specifically addressed by this rule. The Deputy Superintendent of Public Instruction's determination shall be final.

(a) Allocate what have been apportioned to the charter school to the sponsoring district at the same time as the district allocations are made.

(b) Allocate what would have been apportioned to the charter school to the charter schools successor entity.

(c) Return the apportioned amount to the Statewide Education Initiatives Account for reallocation in a subsequent fiscal year.

(11) Rules will be applied by ODE for fund administration of the Early Literacy Success Initiative beginning immediately after temporary OAR’s 581-017-0800 and 581-017-0810 expire March 29, 2024.

History

Statutory/Other Authority: ORS 327.829 & ORS 327.833
Statutes/Other Implemented: ORS 327.825 - 327.837
ODE 27-2025, amend filed 05/22/2025, effective 05/22/2025
ODE 26-2025, amend filed 05/20/2025, effective 05/20/2025
ODE 59-2024, amend filed 12/11/2024, effective 12/11/2024
ODE 13-2024, adopt filed 03/22/2024, effective 03/22/2024

Or. Admin. R. 581-017-0811 Early Literacy Success School District Grants: Allowable Uses of Funding

(1) Allowable uses of the Early Literacy Success School Grant program are described in ORS 327.825 and ORS 327.829. The administrative rules that follow provide additional specificity or clarity and do not expand or replace what is in statute.

(2) Professional Development and Coaching may be provided to teachers, administrators, instructional assistants, and additional staff.

(3) Training for tutors to implement effectively the provision of high-dosage tutoring according to ORS 327.825 and ORS 327.829 shall be research-aligned and include the specific knowledge and skills relevant to the literacy concepts, skills, instructional practices of the tutoring program, and needs of students who it is serving, and effectively use data to ensure the methods used are responsive to student need. This may be specific to a particular program, or core set of knowledge, skills or instructional practices all of which must be based on the science of reading and writing.

(a) Grant recipients may use internal or external expertise for high dosage tutoring. At least once every two years the Oregon Department of Education shall develop and/or revisit qualifications for tutors. The qualifications shall be inclusive of the qualified tutors definition in these rules and may include additional qualifications, which shall be used by grant recipients to evaluate eligibility for those internal and external to the district to be a tutor for high-dosage tutoring programs. The Department may decide to make the qualifications different for those tutors internal and for those external to the district.

(b) At least once every two years the Oregon Department of Education shall develop or revisit criteria for high-dosage tutoring programs and extended learning. The criteria shall be used by grant recipients to evaluate eligibility for high-dosage tutoring and extended learning programs to be used for the purposes of this grant.

(c) The Oregon Department of Education shall, at least once every two years, develop or revisit a list of qualified high-dosage tutoring program providers, should grant recipients choose to use external providers. To be included on the list, the provider must meet the qualifications in section (a) and (b) of this rule if providing a program and tutors or just (b) if providing a program only and must include content to be determined by the Department.

(d) The Oregon Department of Education will independently review potential providers at least once every two years by posting a Request for Information for providers to solicit information from interested vendors.

(A) ODE will publish the list no later than January 15th of odd numbered years, beginning in 2025. After the first publication, eligible applicants who use funding to pay for external high dosage tutoring services shall select from the list.

(B) Once a high-dosage tutoring program provider has been approved by the Department and placed on the list, to remain on the list the provider must every two years provide an updated information form provided by the Department.

(4) Grant recipients may use internal or external expertise for professional development and coaching. At least once every two years, the Oregon Department of Education shall develop a list of qualifications for professional development and coaching providers. The list of qualifications shall be used by grant recipients to evaluate eligibility for those internal and external to the district to provide professional development and coaching. The Department may decide to make different qualifications for people who are internal to the district and for those external to the district.

(a) The Oregon Department of Education shall, at least once every two years, develop a list of qualified professional development providers and organizations that provide coaching related to early literacy should grant recipients choose to use external providers. To be included on the list of qualified professional development or coaching providers, the provider must meet the qualifications in section (3) of this rule and include content to be determined by the Department.

(b) The Oregon Department of Education will independently review potential providers at least once every two years post a Request for Information for providers to solicit information from interested vendors.

(A) ODE will publish the list no later than January 15th of odd numbered years, beginning in 2025. After the first publication, eligible applicants who use funding to pay for external professional development and coaching shall select from the list.

(B) Once a professional development or coaching provider has been approved by the Department and placed on the list, to remain on the list the provider must every two years provide an updated information form provided by the Department.

(C) The Department will consult with the Teacher Standards and Practices Commission to ensure the approved providers also satisfy professional development requirements for teachers.

(5) The State Board adoption criteria for Language Arts basal instructional materials and the list of basal instructional materials adopted by the State Board of Education shall be the criteria for core instructional materials meeting the early literacy school grant requirements.

(a) The Oregon Department of Education shall establish research-aligned criteria for districts to use for all materials that are not core instructional materials. Districts shall use this criteria when purchasing and/or reviewing literacy assessments, tools, supplemental curricula, and digital resources annually.

(b) The Department shall review available criteria and resources from national and international organizations related to:

(A) Early literacy practices;

(B) Literacy assessment practices and tools, inclusive of both formative and diagnostic practices;

(D) Culturally responsive practices in literacy instruction;

(E) Biliteracy or literacy practices in multilingual instructional settings or dual language; and

(F) Supporting students who are experiencing disabilities.

(c) Effective January 1, 2025, funds from this grant used for the adoption and implementation of K-5 core instructional materials may only be used for materials from the State Board of Education adopted list for ELA. If core instructional materials are adopted from the State Board of Education list at the time of application, they meet the criteria for this grant.

(d) Effective January 1, 2025, funds from this grant used for the adoption and implementation of core instructional materials for prekindergarten may only be used for materials that meet criteria to be determined by the Department of Early Learning and Care by Jan 1, 2025.

(6) Rules will be applied by ODE for allowable uses of funding of the Early Literacy Success Initiative beginning July 1, 2025.

History

Statutory/Other Authority: ORS 327.829 & ORS 327.833
Statutes/Other Implemented: ORS 327.825 - 327.837
ODE 6-2026, amend filed 02/25/2026, effective 02/25/2026
ODE 27-2025, amend filed 05/22/2025, effective 05/22/2025
ODE 23-2024, minor correction filed 05/02/2024, effective 05/02/2024
ODE 13-2024, adopt filed 03/22/2024, effective 03/22/2024

Or. Admin. R. 581-017-0850 Native Hawaiian/Pacific Islander Student Success Plan Grant Program: Definitions

The following definitions apply to OAR 581-017-0850 to 581-017-0875:

(1) “Native Hawaiian/Pacific Islander Student Success Plan Grant” or “Grant” means a Grant established under ORS 329.849.

(3) “Community Voice” means that members representing the community served by the project, including students, will be involved in co-constructing the project design, implementation, and/or providing strategic guidance in final decision-making.

(5) “Department” means the Oregon Department of Education.

(6) “Disproportionate Discipline” means disproportionate rates of suspensions and expulsions for Native Hawaiian/Pacific Islander students compared to their white classmates who commit similar infractions and who have similar discipline histories.

(7) “Evidence-based” means practices with a proven record of success based on reliable, trustworthy, and valid evidence that when the practices are implemented with fidelity, students can be expected to make adequate gains in early literacy. Instructional practices, activities, strategies, or interventions that are “evidence-based” should not just privilege scientific evidence, but also be driven by evidence stemming from the perspectives of those affected by those practices, activities, strategies, or interventions such as:

(a) Evidence of Tribal consultation, recommendations, and experiences of American Indian/ Alaska Native community members or Tribal government.

(b) Evidence of community-driven, culturally responsive/sustaining/specific, non-dominant and non-Western ways of knowing, being, and researching.

(9) “Partnership” means a group of organizations, Tribal governments, districts or individuals who agree to work together with a common interest and shared vision. In a partnership, there is a high level of trust and 2-way communication, and differences in power and privilege are addressed. Roles and responsibilities on all sides are well-defined and developed with shared authority in decision making. There might be shared space and staff, with expectations and agreements in writing.

(10)(a) “Plan Student” means a student enrolled in early childhood through post-secondary educational programs who:

(A) Self-identifies as Native Hawaiian/Pacific Islander; and

(B) Has experienced disproportionate results in education due to historical practices and policies, as may be further identified by the State Board of Education by rule.

(b) For the purposes of this definition, “enrolled” means:

(A) enrollment in a school district K-12 educational program; or

(B) enrollment in a state-funded early childhood program, K-12 educational program, or post-secondary education program which includes but is not limited to educational programs provided by or in the following institutions: public charter schools, education service districts, Long Term Care and Treatment facilities, the Youth Corrections Education Program, the Oregon School for the Deaf, and Juvenile Detention Education Programs.

History

Statutory/Other Authority: ORS 338.155 & ORS 329.849
Statutes/Other Implemented: ORS 329.849
ODE 39-2024, adopt filed 06/14/2024, effective 06/14/2024
ODE 9-2024, temporary adopt filed 02/16/2024, effective 02/16/2024 through 08/13/2024

Or. Admin. R. 581-017-0855 Native Hawaiian/Pacific Islander Student Success Plan Grant Program: Establishment

(1) There is established the Native Hawaiian/Pacific Islander Student Success Plan Grant Program to support early learning hubs, providers of early learning services, school districts, education service districts, post-secondary institutions of education, community-based organizations, Tribal governments, or a consortium of these entities.

(2) Programs and services provided under a Grant must address one or more of the strategies or objectives included in the Native Hawaiian/Pacific Islander Student Success Plan.

(3) Subject to available funds, the Department of Education shall award Grants based on a detailed description of proposed programming or services. The programs or services may include:

(a) The scale-up of an existing program or project; and/or

(b) The implementation of a new program or project.

(4) The purpose of the Grant program is to provide funds to applicants that document an understanding of the unique needs of Native Hawaiian/Pacific Islander students, have the potential to become exemplar programs, and who create collaborative practices relating to strategies outlined in the Native Hawaiian/Pacific Islander Student Success Plan.

History

Statutory/Other Authority: 329.849
Statutes/Other Implemented: 329.849
ODE 39-2024, adopt filed 06/14/2024, effective 06/14/2024
ODE 9-2024, temporary adopt filed 02/16/2024, effective 02/16/2024 through 08/13/2024

Or. Admin. R. 581-017-0860 Native Hawaiian/Pacific Islander Student Success Plan Grant Program: Eligibility

(1) The Department will establish a process for eligible entities to apply for a Native Hawaiian/Pacific Islander Student Success Grant.

(2) To be eligible to receive a Grant, an applicant must:

(a) Be an early learning hub, provider of early learning services, school district, education service district, public charter school, post-secondary institution of education, community-based organizations, Tribal governments, or a consortium of these entities;

(b) Demonstrate the outcomes of the proposed project are to benefit and serve Plan Students and their families; and

(c) Demonstrates alignment between the project and the strategies of the Native Hawaiian/Pacific Islander Student Success Plan.

History

Statutory/Other Authority: ORS 338.155 & ORS 329.849
Statutes/Other Implemented: ORS 329.849
ODE 39-2024, adopt filed 06/14/2024, effective 06/14/2024
ODE 9-2024, temporary adopt filed 02/16/2024, effective 02/16/2024 through 08/13/2024

Or. Admin. R. 581-017-0865 Native Hawaiian/Pacific Islander Student Success Plan Grant Program: Criteria

The Department will award Grants to eligible entities based on the following criteria:

(1) Whether the proposed project successfully implements the strategies provided in the Native Hawaiian/Pacific Islander Student Success Plan;

(2) Whether the applicant authentically and consistently engages Community Voice in the proposed project; and

(3) Whether the applicant demonstrates equitable distribution of Grant funds and resources in Partnership.

History

Statutory/Other Authority: ORS 329.849
Statutes/Other Implemented: ORS 329.849
ODE 39-2024, adopt filed 06/14/2024, effective 06/14/2024
ODE 9-2024, temporary adopt filed 02/16/2024, effective 02/16/2024 through 08/13/2024

Or. Admin. R. 581-017-0870 Native Hawaiian/Pacific Islander Student Success Plan Grant Program: Funding

(1) Applicants must submit a detailed budget that explains how Grant funds will be used.

(2) Indirect costs will be allowed as a percentage of the Grant funds disbursed as follows:

(a) Up to five percent for school districts, educational service districts, early learning hubs, or post-secondary institutions of education; or

(b) Up to fifteen percent for community-based organizations or providers of early learning services.

(c) For Tribal governments, up to fifteen percent or the Tribal governments federally recognized indirect rate, as provided in the grant agreement; or

(d) Administrative costs for partnerships or consortiums will be allowed based on the lead entity’s organization type.

(3) Applicants may use Grant funds only for authorized purposes.

History

Statutory/Other Authority: ORS 338.155 & ORS 329.849
Statutes/Other Implemented: ORS 329.849
ODE 39-2024, adopt filed 06/14/2024, effective 06/14/2024
ODE 9-2024, temporary adopt filed 02/16/2024, effective 02/16/2024 through 08/13/2024

Or. Admin. R. 581-017-0875 Native Hawaiian/Pacific Islander Student Success Plan Grant Program: Reporting

Grant recipients must report project or program outcomes in the manner and form required by the Department.

History

Statutory/Other Authority: ORS 329.849
Statutes/Other Implemented: ORS 329.849
ODE 39-2024, adopt filed 06/14/2024, effective 06/14/2024
ODE 9-2024, temporary adopt filed 02/16/2024, effective 02/16/2024 through 08/13/2024

Or. Admin. R. 581-017-0880 Speech Language Stipend Program

(1) The following definitions apply to this rule:

(a) Speech Language Pathologist Assistant (SLPA) as defined in OAR 335-095-0010.

(b) Speech Language Pathologists (SLP) as defined in OAR 335-060-0005.

(d) “Stipend” amount awarded to participant and employee’s Education Service District or School District.

(e) “Eligible post-secondary institution” means: A generally accredited, not-for-profit institution of higher education within the United States.

(f) “Participant” means a SLP/SLPA student who applies for a Stipend from the Speech-Language Pathologists Training Fund under ORS 348.398 and 348.406.

(2) To be eligible for participation in the program under ORS 348.398 to and 348.406, a licensed SLP or SLPA must:

(a) Be registered as a student in a program for SLP or SLPA, in an eligible post-secondary institution.

(b) Agree to receive training under the supervision of a licensed SLP employed by an education service district or a school district.

(c) Agree to be employed in Oregon for a minimum of two years as a speech-language pathologist or speech-language pathology assistant within the education service district or school district where the participant will receive mentoring in the first two years of licensure as an SLP or SLPA.

(d) Meet other requirements placed on the participant by the Department.

(3) As per ORS 348.398, The Department shall distribute moneys to education service districts and school districts to provide:

(a) Stipends in an amount that is up to $2,000 per academic year for participants in the program who complete the requirements under section (2) of this section for speech-language pathology assistants; and

(b) Stipends in an amount that is up to $9,000 per academic year for participants in the program who complete the requirements under section (2) of this section for speech-language pathologists.

(4) A participant shall complete the employment requirement specified under subsection (2) of this section not later than three years after the date the participant graduates from the program.

(5) Licensed speech-language pathologists who are employed by education service districts or school districts and provide supervision and mentoring to SLP participants may be awarded a stipend not to exceed $400 or $200 for SLPA participants as per ORS 348.398.

History

Statutory/Other Authority: 348.394 - 348.406
Statutes/Other Implemented: 352.002, 341.005 & 348.394 - 348.406
ODE 26-2024, adopt filed 05/22/2024, effective 05/22/2024

Or. Admin. R. 581-017-0885 Definitions

The following definitions apply to OAR 581-017-0885 to 581-017-0910:

(1) “Immigrant” means an individual who was born in another country and permanently resides in the United States.

(2) “Asylum Seeker” means a person who has or is actively seeking protection and/or permanent relocation from inside of the U.S. due to having experienced grave danger because their home government is unwilling or unable to protect them or may be actively persecuting them.

(3) “Refugee” means a person who has or is actively seeking protection and/or permanent relocation from outside of the U.S. due to having experienced grave danger because their home government is unwilling or unable to protect them or may be actively persecuting them.

(4) “English Learner” means students who receive English language instruction, support, and services as part of an English language development (ELD) program as English learners.

(5) “Multilingual Learners” means students who speak multiple languages and may or may not be eligible to receive English language instruction, support as part of an English language development (ELD) program.

(6) Asexual means a person who does not experience sexual attraction, but could still experience other forms of attraction (e.g. emotional, intellectual).

(7) Agender means a person who does not identify with a specific gender or feels neutral when it comes to their gender identity.

(8) Bisexual means a person who is attracted to more than one gender.

(9) Cisgender means a person who feels their gender identity and expression align with the gender they were assigned at birth or by society.

(10) Community-Based Organization means a nonprofit organization that is reflective of a community or significant segments of a community it seeks to serve.

(11) Community Voice means that members representing the community served by the project will be involved in co-constructing the project design, implementation, and/or providing strategic guidance in final decision-making.

(12) Culturally Specific Organization means an organization that serves a particular cultural community and is primarily staffed and led by members of that community; these organizations demonstrate: intimate knowledge of lived experience of the community, including but not limited to the impact of structural and individual racism or discrimination on the community; knowledge of specific disparities, barriers or challenges documented in the community and how that influences the structure of their program or service; commitment to the community’s strength-based and selfdriven thriving and resilience; ability to describe and adapt their services to the community’s cultural practices, health and safety beliefs/practices, positive cultural identity/pride, religious beliefs, etc.

(13) Department means the Oregon Department of Education.

(14) Disproportionate refers to unequal or inequitable differences in access and outcomes that historical and current-day White supremacy has created between certain families, children and students. What is “proportionate,” however, must also be critically analyzed and addressed in terms of its values, intent, and ideology. (14) Gay means a person who is attracted to a person of the same gender.

(15) Lesbian means a woman-identified person who is attracted to women.

(16) Non-binary/Genderqueer means people whose gender is not exclusively male or female, including those who identify with a gender other than male or female, as more than one gender, or as no gender.

(17) Partnership means a group of organizations, Tribes, districts or individuals who agree to work together with a common interest and shared vision. In a partnership, there is a high level of trust and 2-way communication, and differences in power and privilege are addressed. Roles and responsibilities on all sides are well-defined and developed with shared authority in decision making. There might be shared space and staff, with expectations and agreements in writing.

(18) Plan Student means a student enrolled in early childhood through postsecondary education who: (a)Is an asylum seeker, a refugee or any other immigrant, regardless of status; and (b) Has experienced disproportionate results in education due to current and historical practices and policies, as identified by the State Board of Education by rule.

(19) Transgender: A person who feels their gender identity and expression do not align with the sex they were assigned at birth or by society.

(20) Two-Spirit is a term used within some Indigenous communities, encompassing cultural, spiritual, sexual and gender identity. The term reflects complex Indigenous understandings of gender roles, spirituality, and the long history of sexual and gender diversity in Indigenous cultures. Individual terms and roles for Two-Spirit people are specific to each nation.

History

Statutory/Other Authority: SB 1532 (2024) & ORS 329.849
Statutes/Other Implemented: SB 1532 (2024) & ORS 329.849
ODE 58-2024, adopt filed 12/06/2024, effective 12/06/2024
ODE 40-2024, temporary adopt filed 06/14/2024, effective 06/14/2024 through 12/10/2024

Or. Admin. R. 581-017-0890 Establishment

(1) There is established the Immigrant Refugee Success Plan Grant Program to support early learning hubs, providers of early learning services, school districts, education service districts, post-secondary institutions of education, and Community-Based Organizations who are working to design, implement, improve, expand, or otherwise revise programs and services for Plan students.

(2) The programs and services to be provided under the Grant must implement one or more of the strategies or address one or more of the objectives included in the Immigrant Refugee Success Plan.

(3) Subject to available funds, the Department of Education shall award Grants based on a detailed description of proposed programming or services. The programs or services may include:

(a) The scale-up of an existing program or project; and/or

(b) The implementation of a new program or project.

(4) The purpose of the Grant program is to provide funds to applicants that document an understanding of the unique needs of Immigrant and Refugee students, have the potential to become exemplar programs, and who create collaborative practices relating to strategies outlined in the Immigrant Refugee Success Plan.

History

Statutory/Other Authority: SB 1532 (2024) & ORS 329.849
Statutes/Other Implemented: SB 1532 (2024) & ORS 329.849
ODE 58-2024, adopt filed 12/06/2024, effective 12/06/2024
ODE 40-2024, temporary adopt filed 06/14/2024, effective 06/14/2024 through 12/10/2024

Or. Admin. R. 581-017-0895 Eligibility

(1) The Department will establish a process for eligible entities to apply for a Immigrant Refugee Success Plan Grant.

(2) To be eligible to receive a Grant, an applicant must:

(a) Be a Community-Based Organization, early learning hub, provider of early learning services, school district, education service district, tribe, or post-secondary institution of education; and

(b) Demonstrate the outcomes of the proposed project are to benefit and serve plan students and their families.

History

Statutory/Other Authority: SB 1532 (2024) & ORS 329.849
Statutes/Other Implemented: SB 1532 (2024) & ORS 329.849
ODE 58-2024, adopt filed 12/06/2024, effective 12/06/2024
ODE 40-2024, temporary adopt filed 06/14/2024, effective 06/14/2024 through 12/10/2024

Or. Admin. R. 581-017-0900 Criteria

(1) The Department will award Grants to eligible entities based on the following criteria:

(a) Whether the proposed project successfully implements the strategies provided in the Immigrant/Refugee Student Success Plan;

(b) Whether the applicant authentically and consistently engages Community Voice in the proposed project; and

(2) The Department may give priority to applications that:

(a) Are led by Culturally Specific or Community-Based Organizations that represent Immigrant Refugee communities;

(b) Demonstrate authentic and on-going Partnerships with Community-Based Organizations, Culturally Specific Organizations, school districts, public charter school, early learning hubs, educational service districts, providers of early learning services, post-secondary institutions of education, tribe(s);

(c) Will help ensure geographic diversity of the Grant program by including rural communities or other underserved communities with large Immigrant Refugee student populations; or

(d) Address a strategy or an objective of the Immigrant Refugee Success Plan that requires additional support, as determined by the Department.

(e) Address strategies or objectives that are common across the African American/Black Student Success Plan, Latino/a/x and Indigenous Student Success Plan and/or the American Indian/Alaska Native Student Success Plan, the LGBTQ2SIA+ Student Success Plan, the Native Hawaiian/Pacific Islander Student Success Plan and communities.

History

Statutory/Other Authority: SB 1532 (2024) & ORS 329.849
Statutes/Other Implemented: SB 1532 (2024) & ORS 329.849
ODE 58-2024, adopt filed 12/06/2024, effective 12/06/2024
ODE 40-2024, temporary adopt filed 06/14/2024, effective 06/14/2024 through 12/10/2024

Or. Admin. R. 581-017-0905 Funding

(1) Applicants must submit a detailed budget that explains how Grant funds will be used.

(2) Administrative costs, which include indirect costs, will be allowed as a percentage of the Grant funds disbursed as follows:

(a) Up to five percent for school districts, education service districts, early learning hubs, or post-secondary institutions of education;

(b) Up to fifteen percent for community-based organizations, or providers of early learning services.

History

Statutory/Other Authority: SB 1532 (2024) & ORS 329.849
Statutes/Other Implemented: SB 1532 (2024) & ORS 329.849
ODE 58-2024, adopt filed 12/06/2024, effective 12/06/2024
ODE 40-2024, temporary adopt filed 06/14/2024, effective 06/14/2024 through 12/10/2024

Or. Admin. R. 581-017-0910 Reporting

Grant recipients must report project or program outcomes in the manner and form required by the Department of Education.

History

Statutory/Other Authority: SB 1532 (2024) & ORS 329.849
Statutes/Other Implemented: SB 1532 (2024) & ORS 329.849
ODE 58-2024, adopt filed 12/06/2024, effective 12/06/2024
ODE 40-2024, temporary adopt filed 06/14/2024, effective 06/14/2024 through 12/10/2024

Or. Admin. R. 581-017-0915 Definitions

The following definitions apply to OAR 581-017-0915 to 581-017-0930:

(1) “Foster Care Student Success Pilot Grant” means the grant established by Oregon Laws 2024, chapter 33, sections 1 to 6 pursuant to House Bill 4084 (2024).

(2) “Education advocate” means a person who:

(a) Provides advocacy, guidance, and support for a foster child student for educational purposes during the course of this grant; and

(b) May or may not be the same person as the designated foster care point of contact.

(3) “Foster child student” means a student enrolled in middle school or high school who is:

(a) In the care and custody of the Department of Human Services pursuant to the provisions of ORS chapter 418 or 419B and is placed in substitute care;

(b) A ward, as defined in ORS 419A.004, who remains in the legal custody of the ward’s parent or who is in the care and custody of the Department of Human Services but who is residing with the ward’s parent.

History

Statutory/Other Authority: House Bill 4084 (2024)
Statutes/Other Implemented: House Bill 4084 (2024)
ODE 60-2024, adopt filed 12/12/2024, effective 12/12/2024
ODE 41-2024, temporary adopt filed 06/24/2024, effective 06/24/2024 through 12/20/2024

Or. Admin. R. 581-017-0920 Selection

The Department of Education shall select three public middle or high schools in accordance with Oregon Laws 2024, chapter 33, sections 1 to 6 pursuant to House Bill 4084 (2024).

History

Statutory/Other Authority: HB 4084 (2024)
Statutes/Other Implemented: HB 4084 (2024)
ODE 60-2024, adopt filed 12/12/2024, effective 12/12/2024
ODE 41-2024, temporary adopt filed 06/24/2024, effective 06/24/2024 through 12/20/2024

Or. Admin. R. 581-017-0925 Funding

(1) Each biennium, the Department of Education will determine the funds available for the Foster Care Student Success Pilot Grant and the distribution of grant funding to eligible grant recipients.

(2) Funds received by a grant recipient under this section must be separately accounted for and may be used only for the purposes described in the grant agreement.

(3) A grant recipient may use up to five percent for administrative costs, including indirect costs, as determined by the grant agreement.

History

Statutory/Other Authority: HB 4084 (2024)
Statutes/Other Implemented: HB 4084 (2024)
ODE 60-2024, adopt filed 12/12/2024, effective 12/12/2024
ODE 41-2024, temporary adopt filed 06/24/2024, effective 06/24/2024 through 12/20/2024

Or. Admin. R. 581-017-0930 Reporting

(1) Grant recipients must report on the grant in the manner and form required by the Department of Education.

(2) The Department may require grant recipients to submit a final report prior to receiving their final request for funds.

History

Statutory/Other Authority: HB 4084 (2024)
Statutes/Other Implemented: HB 4084 (2024)
ODE 60-2024, adopt filed 12/12/2024, effective 12/12/2024
ODE 41-2024, temporary adopt filed 06/24/2024, effective 06/24/2024 through 12/20/2024

Or. Admin. R. 581-017-0935 Accelerated College Credit Grant Programs: Definitions

The following definitions apply to 581-017-0935 through 581-017-0950:

(1) “Accelerated college credit programs” is defined as established in ORS 340.315; “two plus two’’ is defined as secondary/postsecondary partnership programs that provide Dual Credit, Sponsored Dual Credit, and/or Assessment Based Learning.

(2) “Community College district” is defined as established in ORS 341.005(5).

(3) “Education Service District” is defined as established in ORS 334.003(2).

(4) “Public post-secondary institution of education” is defined as the following public universities:

(a) University of Oregon;

(b) Oregon State University;

(d) Oregon Institute of Technology;

(e) Western Oregon University;

(f) Southern Oregon University;

(g) Eastern Oregon University;

(h) Oregon Health and Science University;

(5) “Qualified as instructors of accelerated college credit program courses” is defined as:

(a) meeting the requirements of a high school’s higher education partner(s) to be able to teach a dual-credit, sponsored dual-credit, or assessment-based learning course that can award students college credit;

(b) receiving training to teach an International Baccalaureate course; or

(6) “Historically underrepresented students” is defined as:

(a) “Economically Disadvantaged Students,” which means students who meet one or more of the following qualifications:

(A) Are participating in Supplemental Nutrition Assistance Program funded by the United States Department of Agriculture;

(B) Are participating in the Temporary Assistance for Needy Families program as defined in Title IV of the Social Security Act;

(D) Are migrant students.

(b) “Students from Racial or Ethnic Groups that Have Historically Experienced Academic Disparities,” which is defined as including, but is not limited to American Indian and Alaska Native students, Black and African American students, Hispanic and Latino students, Asian students, Native Hawaiian and Pacific Islander students, and multiracial students and any other racial or ethnic group identified by the eligible applicant as having historically experienced academic disparities

(c) “Students with Disabilities,” which means a child with a disability as defined in ORS 343.035(1) and ORS 343.035(14)(b).

(d) “English Language Learners,” or “English learners,” which means a student who has limited English language proficiency because English is not the native language of the student or the student comes from an environment where a language other than English has had a significant impact on the student’s level of English language proficiency.

(e) “Foster Students” as defined in ORS 30.297(5)(c).

(f) “Students who are Homeless” has the same meaning as in section 725 of the McKinney-Vento Act, 42 USC § 11434a (2).

(g) “LGBTQ2SIA+ Students,” which means students who may have one or multiple gender identities and/or sexual orientations including lesbian, gay, bisexual, pansexual, transgender, nonbinary, queer, questioning, two-spirit, intersex, and asexual. The plus sign (“+”) recognizes and includes the myriad ways to describe marginalized gender identities and sexual orientations.

(h) “Students Recently Arrived,” which means a student who was NOT born in any state or US Territory and who has not been attending one or more schools in any one or more state for more than three full academic years.

(i) “Migratory Students,” which means a student whose is a migratory worker or whose parent or guardian is a migratory worker in the agricultural, dairy, lumber, or fishing industries and who has moved due to economic necessity between school districts in the last thirty-six months, and is eligible to be a part of the Title 1-C Migrant Education Program.

(j) “Justice involved youth” means a student who is pre or post adjudication, been or currently detained in a secure juvenile justice facility, and/or been or currently placed in a community juvenile justice program.

(k) “Students who are Homeless” has the same meaning as in section 725 of the McKinney-Vento Act, 42 USC § 11434a (2).

(l) “Students who are Pregnant, Parenting, and/or Students who Experience any Pregnancy-related Condition” means students who are pregnant for any length of time, or who are actively caring for a child, whether biologically related to them or otherwise. This includes students with pregnancy-related conditions, including, but not limited to loss or termination of a pregnancy, childbirth, lactation, and/or mental health conditions.

History

Statutory/Other Authority: ORS 340.315, ORS 340.320, ORS 340.323 & ORS 340.326
Statutes/Other Implemented: ORS 340.315, ORS 340.320, ORS 340.323 & ORS 340.326
ODE 18-2025, adopt filed 04/02/2025, effective 04/02/2025

Or. Admin. R. 581-017-0940 Accelerated College Credit Instructor Grant Program

(1) The Department will establish a process for eligible entities to apply for an Accelerated College Credit Instructor Grant.

(2) The Department of Education shall select grantees in accordance with ORS 340.320, sections (1) through (4).

(3) Applicants must submit a detailed budget that explains how grant funds will be used.

(4) A grant recipient may use up to five percent of grant funds for administrative costs, including indirect costs, as determined by the grant agreement.

(5) Grant recipients must report on the grant in the manner and form required by the Department of Education.

(6) Prior to approving the final request for funds, the Department of Education may require grant recipients to submit a final report.

History

Statutory/Other Authority: ORS 340.320
Statutes/Other Implemented: ORS 340.320
ODE 18-2025, adopt filed 04/02/2025, effective 04/02/2025

Or. Admin. R. 581-017-0945 Accelerated College Credit Planning Partnership Grant Program

(1) The Department will establish a process for eligible entities to apply for an Accelerated College Credit Partnership Enhancement Grant.

(2) The Department of Education shall select grantees in accordance with ORS 340.323, section (3).

(3) Applicants must submit a detailed budget that explains how grant funds will be used.

(4) A grant recipient may use up to five percent of grant funds for administrative costs, including indirect costs, as determined by the grant agreement.

(5) Grant recipients must report on the grant in the manner and form required by the Department of Education.

(6) Prior to approving the final request for funds, the Department of Education may require grant recipients to submit a final report.

History

Statutory/Other Authority: ORS 340.315, ORS 340.323 & ORS 340.330
Statutes/Other Implemented: ORS 340.315, ORS 340.323 & ORS 340.330
ODE 18-2025, adopt filed 04/02/2025, effective 04/02/2025

Or. Admin. R. 581-017-0950 Accelerated College Credit Partnership Enhancement Grant Program

(1) The Department will establish a process for eligible entities to apply for an Accelerated College Credit Partnership Enhancement Grant.

(2) The Department of Education shall select grantees in accordance with ORS 340.326, sections (1) through (5).

(3) Applicants must submit a detailed budget that explains how grant funds will be used.

(4) A grant recipient may use up to five percent of grant funds for administrative costs, including indirect costs, as determined by the grant agreement.

(5) Grant recipients must report on the grant in the manner and form required by the Department of Education.

(6) Prior to approving the final request for funds, the Department of Education may require grant recipients to submit a final report.

History

Statutory/Other Authority: ORS 340.315, ORS 340.326 & ORS 340.330
Statutes/Other Implemented: ORS 340.315, ORS 340.326 & ORS 340.330
ODE 18-2025, adopt filed 04/02/2025, effective 04/02/2025

Or. Admin. R. 581-017-1000 Special Education Staff Stipend Grants

(1) The following definitions will be used in this section:

(a) “Significant Special Education Support” means if 75 percent or more of the educator’s or employee’s student caseload consists of students who have an Individualized Education Program.

(b) “Classified School Employee” includes all employees of a school district except those for whom a teaching or administrative license is required as a basis for employment in a school district.

(d) “Licensed Educator” means a teacher, administrator or other school professional who is licensed, registered or certified by the Teacher Standards and Practices Commission.

(e) “Salary” has the meaning given that term in ORS 653.010.

(f) “School District” means:

(A) A school district as defined in ORS 330.003.

(B) An education service district.

(D) A public charter school as defined in ORS 338.005.

(E) An educational program under the Youth Corrections Education Program and Juvenile Detention Education Program.

(g) “Department” is the Oregon Department of Education.

(h) “Direct Relationship” means a relationship where the ESD or District directly employs a Qualified Staff member.

(i) “EGMS” is the Department’s Electronic Grant Management System.

(j) “Qualified/Qualifying Staff” means a Licensed Educator or Classified School Employee who provides Significant Special Education Support and who are in a Direct Relationship with a District or ESD.

(2) The purpose of the Special Education Staff Stipend Grant is to provide a one-time stipend to Qualifying Staff.

(3) The Department shall allocate funds to School Districts as follows:

(a) The Department shall draft an intergovernmental agreement and School Districts shall execute the intergovernmental agreement with the Department before receiving any grant funds.

(b) The Department will provide a form requesting the number of Qualifying Staff from each School District and confirm the final count with School Districts via email.

(4) School Districts shall apply for the Special Education Staff Stipend Grant as follows:

(a) School Districts will update Qualifying Staff numbers using the correct form as posted on the Department’s website.

(b) School Districts will provide any additional information required by the Department to administer the Special Education Staff Stipend Grant.

(d) If the School District does not submit the form by the required date, the School District will no longer be able to receive grant funds.

(5) Once the form has been submitted and approved, the Department will calculate a total amount of funds that will be allotted per Qualifying Staff. This amount will be published on the Department’s website before claims are accepted.

(6) The grant funds will be calculated by dividing the total grant funds by the total number of submitted Qualifying Staff from School Districts.

(7) The Department will allocate the funds:

(a) To each individual School District that applied by multiplying the amount of funds per position by the number of Qualifying Staff.

(b) School Districts will submit a claim through EGMS (or the expected replacement system intended for the same purpose) for the total amount of the stipends for all Qualifying Staff by the deadline specified on the Department website. Claims will begin to be accepted at a date posted on the Department’s website.

(8) A School District may make a one-time payment in addition to the Qualifying Staff’s salary or hourly wage based on the “per person” amount published by the Department on the Department’s website, notwithstanding ORS 652.220.

(9) A salary or wage increase specified in 5b is exclusive of health benefits and other benefits the School District provides to Qualifying Staff or that are otherwise required under the laws of this state.

(10) School Districts must distribute funds to intended recipients by June 30, 2025, or the close of the 2024-2025 school year, whichever is earlier.

History

Statutory/Other Authority: SB 5506: Section 90 (2023) & SB 5701 (2024)
Statutes/Other Implemented: SB 283: Section 5 (2023)
ODE 57-2024, adopt filed 10/25/2024, effective 10/25/2024

Or. Admin. R. 581-017-2830 Safe School Culture Grant

(1) The following definitions will be used in this section:

(a) “Cost per Instructor” is the maximum amount of grant funds, as determined by the Department, provided to reasonably cover the costs of each instructor certification course reimbursed by the Department.

(b) “Initial Instructors” is the number of individuals training to become instructors that will be reimbursed by the Department regardless of any matching funds from the individual school district or ESD.

(c) "Small District Floor” is the minimum grant amount, as determined by the Department, that shall be provided to school districts and charter schools from Remaining Grant Funds.

(d) “State Match Instructors” is the maximum number of additional individuals training to become instructors that will be reimbursed by the Department assuming school district and ESD maximum matching amounts.

(e) “Stipend” is a set amount of funds, as determined by the Department, which will reasonably cover the costs of wages, stipends, travel, and other costs related to an individual attending an instructor training course.

(f) “Student” shall be calculated by the latest annual Average Daily Membership available to the Department.

(g) “Charter School” is a public charter school as provided in ORS 338.005

(2) The Department shall first allocate the Safe School Culture Grant funds to cover the Cost per Instructor training as follows:

(a) The Department shall subtract three percent of the Safe School Culture Grant funds for Department administrative costs.

(b) The number of Students shall be determined for each school district and public Charter School.

(c) The number of Initial Instructors for each school district, Charter School, and ESD shall be calculated pursuant to SB 283 (2023).

(d) The number of State Match Instructors shall be calculated for each school district, Charter School and ESD, pursuant to SB 283 (2023).

(e) The Cost Per Instructor shall be determined for each type of Instructor.

(f) The Department shall calculate the Total Course Costs by adding the Initial Instructors to the State Match Instructors and multiplying the total by the Cost Per Instructor.

(g) The Department shall calculate the Total Related Costs by multiplying the total of the Stipend amount plus any other related costs as determined by the Department to the total of Initial Instructors plus State Match Instructors.

(h) The Department shall calculate a Total State Grant Cost per school district, Charter School, and ESD by adding the Total Course Costs to the Total Related Costs.

(i) The Department shall sum all Total State Grant Costs for each school district, Charter School, and ESD to get the Statewide Training Costs.

(j) The Department shall calculate Remaining Grant Funds by subtracting Statewide Training Costs from the Safe School Culture Grant funds. The Department shall add to that amount any funds not expended by the school districts, ESDs, and Charter Schools in training staff to be certified instructors.

(3) The Department shall distribute Remaining Grant Funds to be used for training of staff by school districts, Charter Schools and ESDs, as calculated in (2)(i) above as follows:

(a) Determining an amount to be distributed to each ESD in the state.

(b) Dividing the Remaining Grant Funds by total number of Students in the state to get a Funds per Student amount.

(c) Multiplying the number of Students in each school district, and Charter School by the Funds per Student to get a District Grant.

(d) If a District Grant is less than the Small School Floor, then the District Grant will be increased to the Small School Floor.

(e) Calculate the Adjusted Remaining Funds by subtracting from the Remaining Grant Funds the total amount provided to ESDs and the statewide total of the difference after subtracting District Grants from the Small School Floor for those District Grants less than the Small School Floor.

(f) The Adjusted Remaining Funds will be divided by the total number of Students in the state to get the Adjusted Funds per Student amount.

(g) The Adjusted Funds per Student shall be multiplied by the number of Students in a school district, and Charter School to provide an Adjusted Allocation for each school district and Charter School.

(h) Those school districts and Charter Schools that still receive less than the Small School Floor, will have their allocations increased to the Small School Floor.

(4) All calculations by the Department shall be final. The Department may republish allocations to correct errors or omissions as the Department determines in its sole discretion.

(5) To qualify for reimbursement, the instructor certification courses must be administered by programs that are:

(a) Nationally recognized organizations that provides training to certify individuals in nonviolent crisis intervention method; and

(b) Approved training programs pursuant to OAR 581-021-0563.

History

Statutory/Other Authority: SB 283 (2023)
Statutes/Other Implemented: SB 283 (2023)
ODE 20-2024, adopt filed 04/24/2024, effective 04/24/2024

Or. Admin. R. 581-017-3000 State Summer Learning Grant: Definitions

The definitions in this section apply to OAR 581-017-3000 through OAR 581-017-3035.

(1) “Department” means the Oregon Department of Education.

(2) “Eligible Entity” means a School District, Charter School, ESD, or Tribe, or any consortium of these entities, that meets the requirements under Section 1(2) and (3) of HB 2007 (2025).

(3) “Education Service District” or “ESD” means a service district organized under ORS Chapter 334.

(4) “Charter School” means a school organized under ORS 338.

(5) “School District” means a district organized under ORS Chapter 332.

(6) “Summer Learning Program" means a program funded with grants provided under HB 2007 (2025).

(7) “Tribe” means a federally recognized Indian tribe in Oregon:

(a) Burns Paiute Tribe;

(b) Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians;

(d) Confederated Tribes of Siletz Indians;

(e) Confederated Tribes of the Umatilla Indian Reservation;

(f) Confederated Tribes of the Warm Springs Reservation;

(g) Coquille Indian Tribe;

(h) Cow Creek Band of Umpqua Tribe of Indians; and

(i) Klamath Tribes.

History

Statutory/Other Authority: HB 2007 (2025)
Statutes/Other Implemented: HB 2007 (2025)
ODE 57-2025, adopt filed 10/17/2025, effective 10/17/2025

Or. Admin. R. 581-017-3005 State Summer Learning Grant: Application

(1) Eligible Entities shall apply in a form and manner required by the Department.

(2) An application must include:

(a) The requirements listed in Section 1(4)(b) of HB 2007 (2025); and

(b) Additional requirements as provided by the Department to prioritize applications.

(3) The Department shall evaluate the applications through a peer review panel process as established by the Department. The peer review panel shall be established as provided in OAR 581-017-3035(4).

(4) The Department shall establish a scoring rubric for the peer review panel evaluation of the applications and publish the scoring rubric at the opening of the application period.

(5) Eligible Entities may submit a consortium application where more than one Eligible Entity applies under one application.

(6) An individual Eligible Entity shall only apply once, whether individually or as part of a consortium, per Summer Learning Grant cycle.

History

Statutory/Other Authority: HB 2007 (2025)
Statutes/Other Implemented: HB 2007 (2025)
ODE 57-2025, adopt filed 10/17/2025, effective 10/17/2025

Or. Admin. R. 581-017-3010 State Summer Learning Grant: Prioritization

(1) For the purpose of awarding State Summer Learning Grants, the Department shall develop prioritization points that:

(a) Include all prioritization factors stated in Section 1(5) of HB 2007(2025); and

(b) Include other prioritization factors as determined by the Department.

(2) The Department shall provide the calculated prioritization points to Eligible Entities upon the opening of the application period.

(3) For School Districts or Charter Schools that apply as a consortium with other School Districts or Charter Schools, the consortium will receive prioritization points equal to the highest priority points of an individual member in the consortium.

(4) The Department shall combine the prioritization points with the application’s peer review panel score to reach a final application score.

(5) The Department shall use the final application score to rank applications for funding decisions.

(6) The Department’s prioritization determinations shall be final.

History

Statutory/Other Authority: HB 2007 (2025)
Statutes/Other Implemented: HB 2007 (2025)
ODE 57-2025, adopt filed 10/17/2025, effective 10/17/2025

Or. Admin. R. 581-017-3015 State Summer Learning Grant: Education Service Districts

(1) Eligible Entities that are ESDs may apply for a State Summer Learning Grant as follows:

(a) As an individual entity to provide Summer Learning Programs directly to students;

(b) As a consortium with one or more other ESDs to provide Summer Learning Programs directly to students; or

(c) As a consortium with one or more School Districts or Charter Schools to provide administrative support to School Districts or Charter Schools that provide Summer Learning Programs directly to students.

(2) An individual ESD’s prioritization points shall be calculated based on the average of their component School Districts’ data.

(3) The final application score for an ESD shall be calculated based on the type of application submitted by the ESD as follows:

(a) ESDs that apply as individual entities will receive prioritization points as calculated in section (2) above;

(b) For ESDs that apply as a consortium with other ESDs, the consortium will receive prioritization points equal to the highest prioritization points of an individual ESD in the consortium; or

(c) For ESDs that apply as a consortium with School Districts or Charter Schools, the consortium will receive prioritization points equal to the highest prioritization points of an individual School District or Charter School in the consortium.

(4) ESDs that receive a State Summer Learning Grant shall comply with all other requirements of the grant and these rules along with other Eligible Entities.

History

Statutory/Other Authority: HB 2007 (2025)
Statutes/Other Implemented: HB 2007 (2025)
ODE 57-2025, adopt filed 10/17/2025, effective 10/17/2025

Or. Admin. R. 581-017-3020 State Summer Learning Grant: Tribes

(1) Eligible Entities that are Tribes shall:

(a) Submit an application in a form and manner determined by the Department; and

(b) Apply following the same application dates as other Eligible Entities.

(2) A Tribe may submit an application ahead of the application date to the Department and to the extent practicable, the Department shall review the application and collaborate with the Tribe to develop a final application that shall be submitted by the application due date.

(3) The Department may reduce an award granted to an approved application from a Tribe as provided in OAR 581-017-3025(4).

(4) Tribes that receive a State Summer Learning Grant shall comply with all requirements of the grant and these rules along with other Eligible Entities.

History

Statutory/Other Authority: HB 2007 (2025)
Statutes/Other Implemented: HB 2007 (2025)
ODE 57-2025, adopt filed 10/17/2025, effective 10/17/2025

Or. Admin. R. 581-017-3025 State Summer Learning Grant: Funding

(1) The maximum amount an Eligible Entity shall receive under this grant is $1,000,000.00 per year.

(2) Eligible Entities shall, as part of their application, request the total amount of funds they need to successfully provide a Summer Learning Program each year of the grant.

(3) The Department shall review all funding requests by Eligible Entities.

(4) The Department may, in its discretion, reduce a grant award from the requested amount based on the needs of the program, peer review panel feedback, and other criteria identified by the Department.

(5) Based on the final application score described in OAR 581-017-3010, the Department shall rank final applications in order of highest score to lowest score.

(6) The Department may revise final application scores to ensure equitable distribution of funding among the geographic areas within the state. If the Department revises final application scores, the Department shall reorder the scores from highest to lowest.

(7) The Department shall award grants from the highest score down until all State Summer Learning Grant funds are awarded.

(8) Subject to funding provided by the Legislature, the Department shall award funding to each Eligible Entity with a grant agreement that provides for multiple years of programming.

History

Statutory/Other Authority: HB 2007 (2025)
Statutes/Other Implemented: HB 2007 (2025)
ODE 57-2025, adopt filed 10/17/2025, effective 10/17/2025

Or. Admin. R. 581-017-3030 State Summer Learning Grant: Reporting

(1) Eligible Entities shall report in a form and manner required by the Department, the results of their Summer Learning Programming including:

(a) The requirements listed in Section 1(7) of HB 2007 (2025); and

(b) Other requirements determined by the Department that are necessary for program reporting and improvement.

(2) Eligible Entities shall submit their reports by November 15 each year. If November 15 falls on a holiday or weekend, then Eligible Entities shall submit their reports by the next business day.

History

Statutory/Other Authority: HB 2007 (2025)
Statutes/Other Implemented: HB 2007 (2025)
ODE 57-2025, adopt filed 10/17/2025, effective 10/17/2025

Or. Admin. R. 581-017-3035 State Summer Learning Grant: Additional Requirements and Qualifications

(1) Each grant shall be awarded for a period of not less than 3 years and not more than 5 years.

(2) Eligible administrative expenses shall include:

(a) No limit on administrative expenses of a partner organization described under Section 1(4)(c) of HB 2007 (2025); and

(b) A maximum of 10% of the total grant amount for an Eligible Entity providing services under the grant.

(3) Eligible transportation costs are not considered administrative costs for purposes of Section (2) above.

(4) Peer review panel members shall:

(a) Be selected by the Department through a process that ensures relevant expertise and impartiality; and

(b) Sign a conflict-of-interest and confidentiality statement prior to service. Any peer review panel member determined to have a disqualifying conflict of interest shall be ineligible for service.

(5) Peer review panel members may:

(a) Receive reimbursement for meals and travel (including lodging where appropriate) in accordance with state policies for expenses incurred in participating in the application scoring process; and

(b) Receive an honorarium upon completion of all duties as assigned including attending training sessions and scoring assigned applications. The honorarium is to be determined based on current Department fees paid for similar tasks.

History

Statutory/Other Authority: HB 2007 (2025)
Statutes/Other Implemented: HB 2007 (2025)
ODE 57-2025, adopt filed 10/17/2025, effective 10/17/2025

Division 18 NETWORK OF QUALITY TEACHING AND LEARNING

Or. Admin. R. 581-018-0005 Definitions

The following definitions apply to Oregon Administrative Rules in division 18, chapter 581 that implement the Network of Quality Teaching and Learning:

(1) “40-40-20 goal” means the mission of Oregon’s education system as described in ORS 351.009

(2) “Achievement gap” means the research based gap in achievement that often exists between students who are economically disadvantaged, students learning English as a second language, African American, Hispanic or Native American and their peers.

(3) “Network” means the Network of Quality Teaching and Learning established by chapter 661, Oregon Law 2013 (Enrolled House Bill 3233).

(4) “Students who are economically disadvantaged” means students who are eligible for free or reduced price school meals.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 30-2013, f. & cert. ef. 12-18-13
ODE 16-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0010 Equity Lens

(1) The Department of Education will apply the Oregon Equity Lens when administering the network including when determining resource allocation and awarding grants and contracts.

(2) Specifically the Department shall consider the following issues:

(a) Who are the racial or ethnic and underserved groups affected? What is the potential impact of the resource allocation and grant or contract award to these groups?

(b) Does the decision being made ignore or worsen existing disparities or produce other unintended consequences? What is the impact on eliminating the opportunity gap?

(d) What are the barriers to more equitable outcomes? (e.g., mandated, political, emotional, financial, programmatic or managerial)

(e) How has the Department intentionally involved stakeholders who are also members of the communities affected by the resource allocation or grant or contract? How does the Department validate its assessment in paragraphs (a), (b) and (c) of this subsection?

(f) How will the Department modify or enhance the grant or contract to ensure each learner and communities’ individual and cultural needs are met?

(g) How is the Department collecting data on race, ethnicity, and native language relating to the grants and contracts?

(h) What is the Department’s commitment to P-20 professional learning for equity? What resources is the Department allocating for training in cultural responsive instruction.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 30-2013, f. & cert. ef. 12-18-13
ODE 16-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0020 Timelines and Performance Measures

Recipients of network grant or contract funds shall meet timelines, performance measures and other requirements related to the accumulation and evaluation of data collected as required by the Oregon Department of Education.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 30-2013, f. & cert. ef. 12-18-13
ODE 16-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0100 Definitions: School District Collaboration Grant

The following definitions apply to 581-018-0100 to 581-018-0125:

(1) “Blueprints” means a description of the components of a school district’s strategies for implementation and integration of the four areas: career pathways, evaluation processes, compensation models and enhanced professional development for teachers and administrators.

(2) “Career pathways” means descriptions of professional career achievement and advancement (e.g., Novice, Emerging Professional, Master Teacher) or specialized roles (e.g., Mentor Teacher, Master Teacher), and opportunities to increase professional responsibilities.

(3) “Compensation models” means alternative salary advancement systems based on a variety of elements aside from seniority (e.g., weighed systems based on professional involvement, increased expertise).

(4) “Design grants” means grants intended for districts or consortia of districts to create blueprints for implementation that integrate the four areas of: career pathways, evaluation processes, compensation models and enhanced professional development.

(5) “Enhanced professional development” means professional learning opportunities that are ongoing, collaborative in nature, and aligned to the needs of educators identified through the evaluation process and student data.

(6) “Evaluation processes” means an educator performance evaluation system based on collaboration, that includes, but is not limited to standards of professional practice, four-level rubrics, multiple measures of professional practice, professional responsibilities and student learning and growth, an evaluation and growth cycle and professional learning aligned to student and educator performance data.

(7) “Implementation Grants” means grants intended for districts or consortia of districts to implement their blueprint designs.

History

Statutory/Other Authority: ORS 329.838
Statutes/Other Implemented: ORS 329.838
ODE 112-2019, minor correction filed 09/09/2019, effective 09/09/2019
ODE 33-2013, f. & cert. ef. 12-18-13
ODE 18-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0105 Eligibility: School District Collaboration Grant

(1) The following shall be eligible to receive a School District Collaboration Grant:

(a) School districts;

(b) Consortium of school districts.

(2) To be eligible for a design grant:

(a) Districts must not have received a federal Teacher Incentive Fund (TIF) grant; and

(b) Districts must not be receiving CLASS grant dollars during the school year for which the funds received under the application for a design grant would be expended.

(3) To be eligible for an implementation grant:

(a) Districts must not have received a federal Teacher Incentive Fund (TIF) grant; and

(b) Districts must not have received three or more years of implementation funding from either the Creative Leadership Achieves Student Success (CLASS) or the District Collaboration Fund; and

(c) Districts must not be receiving CLASS grant dollars during the school year for which the funds received under the application for a design or implementation grant would be expended.

History

Statutory/Other Authority: ORS 329.838
Statutes/Other Implemented: ORS 329.838
ODE 113-2019, minor correction filed 09/09/2019, effective 09/09/2019
ODE 33-2013, f. & cert. ef. 12-18-13
ODE 18-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0110 Criteria: School District Collaboration Grant

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted each biennium for when District Implementation and Design Collaboration grant funds are available. The Department shall notify eligible applicants of the proposal process and the due dates, and make available necessary guidelines and application forms.

(2) All proposals must comply with the requirements of ORS 329.838 and ORS 342.950 and rules adopted to implement those laws. Grants shall be awarded based on whether the grant application identifies how the funds will be used to improve education outcomes identified by the Department of Education or set forth in ORS 351.009.

(3) Prior to applying for a grant, the school district must receive the approval to apply for the grant from:

(a) The exclusive bargaining representative for the teachers of the school districts, or if the teachers are not represented by an exclusive bargaining representative, from the teachers of the school districts;

(b) The chairperson of the school district board; and

(4) Districts shall establish a collaborative leadership team to oversee the design and implementation process. The collaborative leadership team shall include the exclusive bargaining representative for the teachers of the school district or, if the teachers are not represented by an exclusive bargaining representative, the teachers of the school district.

(5) Districts shall display readiness and eligibility for an implementation grant by submitting detailed blueprints, developed collaboratively by teachers, administrators, and the teacher bargaining unit, in the four required areas:

(a) Career pathways processes for teachers and administrators;

(b) Evaluation processes for teachers and administrators;

(d) Enhanced professional development opportunities for teachers and administrators.

(6) The Department of Education shall award design and implementation grants based on the evaluation of the district application, eligibility criteria, and the following considerations:

(a) Geographic location of districts to insure geographic diversity within the recipients of grant program funds throughout the state;

(b) Districts that have an achievement gap as defined in 581-018-0005;

History

Statutory/Other Authority: ORS 329.838
Statutes/Other Implemented: ORS 329.838
ODE 114-2019, minor correction filed 09/09/2019, effective 09/09/2019
ODE 49-2016, f. & cert. ef. 11-1-16
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 9-2016, f. & cert. ef. 2-5-16
ODE 18-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16
ODE 33-2013, f. & cert. ef. 12-18-13
ODE 18-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0115 Design Grant Funding: School District Collaboration Grant

(1) The Department of Education shall determine for each fiscal year the portion of the funds available for the School District Collaboration Grant Program that will be distributed as design grants.

(2) Based on the review of grant applications, the Department may not award a design grant to each district that is less than $20,000 or exceeds $50,000.

History

Statutory/Other Authority: ORS 329.838
Statutes/Other Implemented: ORS 329.838
ODE 115-2019, minor correction filed 09/09/2019, effective 09/09/2019
ODE 33-2013, f. & cert. ef. 12-18-13
ODE 18-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0120 Implementation Grant Funding: School District Collaboration Grant

(1) The Department of Education shall determine for each fiscal year the total amount available for distribution to school districts as implementation grants.

(2) The Department of Education shall determine the grant amount to be awarded to each district that is eligible to receive a grant based on the following formula:

(3) Notwithstanding subsection (2) of this section, a school district may receive a grant for an amount that is 10 percent more than the amount calculated under subsection (2) of this section if the Department approves a school district’s supplemental plan to design and implement new approaches to improve student achievement that are in addition to the approaches identified in OAR 581-015-0110(5) and that are research-based best practices.

(4) In addition to any amounts received under subsections (2) and (3), a school district that has an average daily membership of less than 1,500 may receive a supplemental amount of up to $50,000 if:

(a) The supplemental amount is used for expenses incurred in relation to a grant manager who:

(A) Manages the use of a grant received under this paragraph;

(B) Supports the school district’s committees related to the grant;

(D) Ensures timely and accurate communications with educators in the school district;

(E) Completes all Department of Education requirements related to the grant; and

(F) Attends meetings and collaborates with other school districts; and

(b) The total of the implementation grant and the supplemental amount does not exceed $150,000.

History

Statutory/Other Authority: ORS 329.838
Statutes/Other Implemented: ORS 329.838
ODE 116-2019, minor correction filed 09/09/2019, effective 09/09/2019
ODE 49-2016, f. & cert. ef. 11-1-16
ODE 9-2016, f. & cert. ef. 2-5-16
ODE 18-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16
ODE 33-2013, f. & cert. ef. 12-18-13
ODE 18-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0125 Reporting

(1) Districts shall meet timelines, performance measures and other requirements related to the accumulation and evaluation of data collected as required by the Oregon Department of Education.

(2) Districts shall submit interim and final grant reports describing progress toward grant requirements and goals as defined by the Department of Education.

(3) Districts shall share lessons learned and school district models on the design and implementation of the four blueprint areas.

(4) The Department of Education shall disseminate best practices from the grant districts to districts statewide.

History

Statutory/Other Authority: ORS 329.838
Statutes/Other Implemented: ORS 329.838
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 117-2019, minor correction filed 09/09/2019, effective 09/09/2019
ODE 34-2016, f. & cert. ef. 5-17-16
Reverted to ODE 33-2013, f. & cert. ef. 12-18-13
ODE 18-2015(Temp), f. 9-25-15, cert. ef. 9-28-15 thru 3-15-16
ODE 33-2013, f. & cert. ef. 12-18-13
ODE 18-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0130 Definitions: Beginning Teacher and Administrator Mentorship Program

The following definitions apply to Oregon Administrative Rules 581-018-0130 through 581-018-0151 unless the context requires otherwise:

(1) "Administrator's Present Position" means being assigned in the role as a principal or a superintendent.

(2) "Beginning Administrator" means a principal or superintendent who:

(a) Possesses an administrative license issued by the Teacher Standards and Practices Commission;

(b) Is employed as a principal or superintendent by a school district; and

(3) "Beginning Teacher" means a teacher who:

(a) Possesses a teaching license issued by the Teacher Standards and Practices Commission;

(b) Is employed at least half time, primarily as a classroom teacher, by a school district; and

(4) "Classroom Teachers" means all teachers who provide direct instruction to students.

(5) "District" means a school district, an education service district, a public charter school, a state-operated school, or any legally constituted combination of such districts.

(6) “Educator Network” means an educator network established under ORS 342.943.

(7) “Rural district” means a district identified by the Oregon Department of Education as being located in an area that is designated by the US Census Bureau as located outside of a city or its urban fringe area for statistical purposes.(8) "Mentor " means an individual who:

(a) Is an acting or retired teacher, principal or superintendent;

(b) Has met established best practice and research-based criteria as defined by the Educator Advancement Council and adopted by the State Board of Education by rule;

(d) Has successfully served for five or more years as a licensed teacher, principal or superintendent in any public school; and

(e) Has been selected and trained as described in ORS 329.815.

(8) "Mentorship program" means a program provided by a mentor to a beginning teacher or administrator that includes, but is not limited to, direct classroom observation and consultation; assistance in instructional planning and preparation; support in implementation and delivery of classroom instruction; development of school leadership skills and other assistance intended to assist the beginning teacher or administrator to become a confident and competent professional educator who makes a positive impact on student learning.

(9) "Teacher" means a licensed employee of a common or union high school district, an employee of an education service district or a state-operated school who has direct responsibility for instruction, coordination of educational programs or supervision of teachers and who is compensated for services from public funds. "Teacher" does not include a school nurse as defined in ORS 342.455 or a person whose duties require an administrative certificate.

(10) “Mentoring” means a professional relationship between an educator and a skilled mentor. In a confidential and trusting partnership, the mentor supports the educator to transform practice through a process of reflection and inquiry. The goals of this collaborative and continuous work are: to accelerate instructional practice, ensure equitable learning for all students, retain effective educators, and empower educational leaders.

(11) “Culturally or Linguistically Diverse” means characteristics of a person, including:

(a) Origins in any of the black racial groups of Africa but is not Hispanic;

(b) Hispanic in culture or origin, regardless of race;

(c) Origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands;

(d) Origins in any of the original peoples of North American, including American Indians or Alaskan Natives; or

(e) A first language that in not English.

History

Statutory/Other Authority: ORS 326.051 & ORS 329.795
Statutes/Other Implemented: ORS 329.790 - 329.820
ODE 32-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 35-2019, minor correction filed 08/09/2019, effective 08/09/2019
ODE 24-2015, f. & cert. ef. 12-18-15
ODE 13-2015(Temp), f. & cert. ef. 7-15-15 thru 1-10-16
Renumbered from 581-020-0065 by ODE 1-2015, f. & cert. ef. 1-26-15
Renumbered from 581-020-0065 by ODE 43-2014, f. & cert. ef. 12-4-14
ODE 2-2008, f. & cert. ef. 1-25-08
EB 9-1990, f. & cert. ef. 1-30-90
EB 18-1988, f. & cert. ef. 3-16-88

Or. Admin. R. 581-018-0133 Mentoring Program Standards

(1) Districts or educator networks applying for an Oregon Beginning Teacher and Administrator Mentoring Program Grant shall align mentoring programs with the Mentoring Program Standards.

(2) Mentoring Program Standards describe the structures and functions, processes, and effective practices necessary for a quality program. Effective mentoring is foundational to a quality program. An essential element of a mentoring program is a professional mentor who understands and utilizes the skills, strategies and tools necessary for the continuous development of teachers and administrators.

(a) Program: Districts and educator networks are committed to integrating and sustaining comprehensive mentor programs targeting quality teaching and learning that aligns with other district and state initiatives and goals.

(A) Program Administration, Collaboration, and Communication: Quality mentor programs provides structures to assure a cohesive system for mentoring that is s supported at all levels. A Quality Mentor Program:

(i) Has a designated leader with sufficient resources, authority, knowledge and experience to guide program implementation and accountability.

(ii) Includes system-wide leadership.

(iii) Involves collaboration and coordination among program leaders and stakeholders to ensure that program goals and practices align with teacher preparation programs, educator professional learning, evaluation systems and other P-20 initiatives.

(iv) Develops and maintains structures and systems to promote two-way communication and stakeholder involvement.

(B) Leadership Engagement: Quality mentor programs require involved and informed leaders. Leaders in a Quality Mentor Program:

(i) Provide resources and conditions required to promote and improve teacher and administrator success.

(ii) Engage in professional learning in how best to support teachers and administrators.

(iii) Collaborate and coordinate with other mentor program leaders across the state.

(C) Program Assessment and Evaluation: Quality mentor programs collect data to evaluate and improve program effectiveness. A Quality Mentor Program:

(i) Purposefully and systematically collects data, using multiple measures, to demonstrate implementation, impact, and areas for continuous improvement.

(ii) Continuously and systematically shares evaluation findings with stakeholders to inform decision-making and accountability.

(b) Processes: Mentoring processes are characterized by collaborative cycles of inquiry that provide for standards based feedback loops leading to measurable outcomes and practices for the success of all students.

(A) Roles and Responsibilities: A quality mentor program carefully selects and assigns participants and clearly defines roles. A Quality Mentor Program:

(i) Has a formal, rigorous and timely process for recruiting and selecting mentors based on criteria consistent with the roles and responsibilities of mentoring.

(ii) Defines and communicates mentor roles and responsibilities that are focused on the continuous development of teacher and administrator practice.

(iii) Utilizes a standards based system of ongoing assessment for mentor growth and accountability.

(B) Professional Learning: Quality mentor programs expand the knowledge and refine the practice of mentors and mentees through a collaborative process, supported by research. A Quality Mentor Program:

(i) Establishes learning communities engaged in professional learning, problem-solving, and evidenced based collaborative inquiry for mentors, as well as teacher and administrator mentees.

(ii) Ensures participants apply new learning to mentoring practice through engaging in goal-setting and reflection, implementing inquiry action plans, and analyzing data.

(iii) Facilitates professional learning that is guided by research, standards, local priorities and the developmental needs of mentors, as well as teacher and administrator mentees.

(C) Teacher and Administrator Assessment: Quality mentor programs utilize a data based cycle of inquiry to assess effective instructional and leadership practices. A Quality Mentor Program:

(i) Includes self-reflection, goal setting, observations, and formative assessments.

(ii) Is designed to accelerate educator effectiveness to ensure that every student is ready for college, careers and engaged citizenship.

(iii) Includes multiple sources of evidence to assess teacher and administrator mentees’ strengths and areas for growth and guide professional learning.

(A) Instructional and Leadership Practices: Quality mentor programs accelerate the professional practice of beginning educators to positively impact student achievement. A Quality Mentor Program:

(i) Fosters self-reflection among teacher and administrator mentees to accelerate growth based on Oregon professional teaching or administrative standards.

(ii) Supports knowledge of curriculum standards, grade level and subject standards, pedagogy and performance levels for students.

(iii) Strengthens the ability of teacher and administrator mentees to analyze data in order to plan and differentiate instruction and programs.

(iv) Develops teacher and administrator mentees’ knowledge and application of the physical, cognitive, emotional and social well-being of students.

(v) Supports collaborative partnerships among educators, families, and the community.

(B) Equity, Cultural Competence and Universal Access: Quality mentor programs foster and develop culturally competent educators. A Quality Mentor Program:

(i) Supports teachers and administrator mentees’ knowledge of the cultural, gender, racial, ethnic, and socioeconomic characteristics of their classrooms, schools and community.

(ii) Expands teachers and administrators’ self-awareness of cultural competency and how that impacts their learning, teaching and leadership.

(iii) Demonstrates a commitment to equity by developing culturally inclusive practices in teachers and administrators.

History

Statutory/Other Authority: ORS 326.051 & ORS 329.795
Statutes/Other Implemented: ORS 329.790 - 329.820
ODE 32-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 43-2014, f. & cert. ef. 12-4-14

Or. Admin. R. 581-018-0136 Pertaining to Beginning Teacher and Administrator Mentorship Program

The Educator Advancement Council shall establish a beginning teacher and administrator mentorship program to provide eligible beginning teachers and administrators in the state with continued and sustained support from a formally assigned mentor teacher or administrator. The legislative assembly finds that:

(1) The quality of teaching and administration in the public schools is of vital importance to the future of Oregon;

(2) Oregon has a special interest in insuring that the induction of beginning teachers and administrators into their profession enhances their professional growth and development by making a positive impact on student learning for all students, to help close the achievement gap;

(3) The formal assignment of mentors who have demonstrated the appropriate subject matter knowledge and teaching and administrative skills will substantially improve the induction and professional growth of beginning teachers in the state as well as provide mentors with additional and valuable opportunities to enhance their own professional growth;

(4) Teachers and administrators who receive research-based, relevant mentoring produce students with a higher rate of achievement;

(5) School districts that have teacher mentoring have a higher rate of retention among teachers; and

(6) Administrators who receive mentoring improve their effectiveness as administrators and continue to improve throughout their careers.

History

Statutory/Other Authority: ORS 326.051 & ORS 329.795
Statutes/Other Implemented: ORS 329.790 - 329.820
ODE 32-2024, amend filed 06/14/2024, effective 06/14/2024
Renumbered from 581-020-0060 by ODE 43-2014, f. & cert. ef. 12-4-14
ODE 2-2008, f. & cert. ef. 1-25-08
EB 9-1990, f. & cert. ef. 1-30-90
EB 18-1988, f. & cert. ef. 3-16-88

Or. Admin. R. 581-018-0139 The Selection, Nature and Extent of Duties of Mentor Teachers

(1) Based on the requirements of ORS 329.790 to 329.820, the selection, nature and extent of duties of mentors shall be determined:

(a) By the school district that is the employer of the teacher or administrator and of the mentor;

(b) Jointly by the school district that is the employer of the teacher or administrator and the school district that is the employer of the mentor; or

(2) No teacher, principal or superintendent shall be designated as a mentor unless willing to perform in that role;

(3) No mentor shall participate in the evaluation of a beginning teacher or administrator for purposes of actions taken under ORS 342.805 to 342.937;

(4) Written or other reports of a mentor regarding a beginning teacher or administrator may not be used in the evaluation of beginning teacher or administrator.

(5) Each mentor shall complete successfully a training provided by the Oregon Department of Education on behalf of the Educator Advancement Council or approved according to criteria established by the Educator Advancement Council while participating in the beginning teacher and administrator mentorship program.

(6) Mentors shall receive professional development before the school year begins and throughout the school year.

(7) The grant received for each beginning teacher or administrator may be used by the district to compensate mentors or to compensate other individuals assigned duties to provide release time for teachers, principals or superintendents acting as mentors.

History

Statutory/Other Authority: ORS 326.051 & ORS 329.795
Statutes/Other Implemented: ORS 329.790 - 329.820
ODE 32-2024, amend filed 06/14/2024, effective 06/14/2024
Renumbered from 581-020-0085 by ODE 43-2014, f. & cert. ef. 12-4-14
ODE 3-2008, f. & cert. ef. 1-25-08
EB 9-1990, f. & cert. ef. 1-30-90
EB 18-1988, f. & cert. ef. 3-16-88

Or. Admin. R. 581-018-0142 Eligibility: Beginning Teacher and Administrator Mentorship Program

(1) There is established a beginning teacher and administrator mentorship program to provide eligible beginning teachers and administrators in this state with a continued and sustained mentorship program from a formally assigned mentor.

(2) Any district or educator network is eligible to apply to participate in the beginning teacher and administrator mentorship program. Grants may be subject to application, evaluation, approval by the Oregon Department of Education on behalf of the Educator Advancement Council, and the legislative appropriation of funds.

(3) A school district may participate through an educator network or may enter into a partnership with another school district, an institution of higher education, an education service district or another organization to operate jointly a beginning teacher and administrator support program if:

(a) All moneys received as grants-in-aid for the mentorship program are administered by the participating school district to provide direct services to beginning teachers and administrators; and

(b) All other requirements of ORS 329.790 to 329.820 are met.

(4) The awarding of grants under OAR 581-020-0080 is subject to the availability of funds appropriated therefore.

History

Statutory/Other Authority: ORS 326.051 & 329.795
Statutes/Other Implemented: ORS 329.790 - 329.820
ODE 32-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 36-2019, minor correction filed 08/09/2019, effective 08/09/2019
Renumbered from 581-020-0070 by ODE 43-2014, f. & cert. ef. 12-4-14
ODE 2-2008, f. & cert. ef. 1-25-08
EB 9-1990, f. & cert. ef. 1-30-90
EB 18-1988, f. & cert. ef. 3-16-88

Or. Admin. R. 581-018-0145 Grant Application: Beginning Teacher and Administrator Mentorship Program

Each district or educator network that wishes to participate in the beginning teacher and administrator mentorship program shall submit a formal application to the Department of Education on behalf of the Educator Advancement Council. The application shall include:

(1) A description of the priorities to be addressed by moneys received by a school district or educator network for the mentorship program, including:

(a) Efforts to increase the number of culturally and linguistically diverse educators hired;

(b) Efforts to close the cultural and linguistic gap between the demographics of the students of the school district or school districts within the educator network and the demographics of the educators of the school district or school districts within the educator network; and

(c) For the 2023-2025 biennium, efforts to develop educators who hold an endorsement related to special education, who serve in rural districts, or who are diverse as defined in ORS 342.433; and efforts to continue existing mentorship relationships.

(2) The names of all eligible beginning teachers and administrators employed by the district or a school district within the educator network and a description of their assignments.

(3) A description of the proposed mentorship program, which must provide at least 75-90 hours of frequent contact between mentors and beginning teachers and administrators, throughout the school year.

(4) A description of the research based training that will be provided to mentors before the school year begins and throughout the school year, including:

(a) How research and knowledge on the needs of beginning teachers or administrators informs the training curriculum;

(b) How the training will build relationships of trust and mutual collaboration with beginning teachers and administrators; and(c) How the training supports mentors to meet the standards of a Quality Mentor Program described in OAR 581-018-0133.

(5) A school district or educator network shall certify in the application that all participating beginning teachers have less than 2 years of experience in any state and have a non-provisional license from the Teacher Standards and Practices Commission. This rule takes effect on July 1, 2025.

History

Statutory/Other Authority: ORS 326.051 & ORS 329.795
Statutes/Other Implemented: ORS 329.790 - 329.820
ODE 32-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 37-2019, minor correction filed 08/09/2019, effective 08/09/2019
ODE 24-2015, f. & cert. ef. 12-18-15
ODE 13-2015(Temp), f. & cert. ef. 7-15-15 thru 1-10-16
Renumbered from 581-020-0075 by ODE 43-2014, f. & cert. ef. 12-4-14
ODE 2-2008, f. & cert. ef. 1-25-08
EB 9-1990, f. & cert. ef. 1-30-90
EB 18-1988, f. & cert. ef. 3-16-88

Or. Admin. R. 581-018-0148 Funding: Beginning Teacher and Administrator Mentorship Program

(1) Subject to ORS 291.230 to 291.260, the Department of Education shall distribute grants-in-aid on behalf of the Educator Advancement Council to qualifying districts or educator networks to offset the costs of beginning teacher and administrator mentorship programs. A qualifying district or educator network shall receive annually an amount that is aligned with evidence-based best practices for beginning teachers and administrators approved for support.

(2) If the funds are insufficient for all eligible proposals, the Department of Education, on behalf of the Educator Advancement Council, shall award grants on a competitive basis taking into consideration:

(a) Successful or promising efforts to increase the number of culturally and linguistically diverse educators hired; and

(b) Closing the cultural and linguistic gap between demographics of teachers and administrators and the demographics of students served by the district or educator network; and

(3) Notwithstanding ORS 329.805 (2), grants awarded under ORS 329.805 during the 2023-2025 biennium are not required to be awarded on a competitive basis. The Oregon Department of Education, on behalf of the Educator Advancement Council, shall establish a maximum award amount for qualifying districts or educator networks based on funds available. This rule expires on July 1, 2025.

History

Statutory/Other Authority: ORS 326.051 & ORS 329.795
Statutes/Other Implemented: ORS 329.790 - 329.820
ODE 32-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 38-2019, minor correction filed 08/09/2019, effective 08/09/2019
ODE 24-2015, f. & cert. ef. 12-18-15
ODE 13-2015(Temp), f. & cert. ef. 7-15-15 thru 1-10-16
Renumbered from 581-020-0080 by ODE 1-2015, f. & cert. ef. 1-26-15
Renumbered from 581-020-0080 by ODE 43-2014, f. & cert. ef. 12-4-14
ODE 2-2008, f. & cert. ef. 1-25-08
EB 25-1990(Temp), f. & cert. ef. 5-18-90
EB 9-1990, f. & cert. ef. 1-30-90
EB 36-1988, f. & cert. ef. 8-5-88
EB 18-1988, f. & cert. ef. 3-16-88

Or. Admin. R. 581-018-0151 Violation and Penalty: Beginning Teacher and Administrator Mentorship Program

A district or educator network that is determined by the Department of Education on behalf of the Educator Advancement Council to be in violation of one or more of the requirements of OAR 581-018-0130 through 581-018-0151 may be required to refund all grants-in-aid moneys distributed under 581-018-0148. The amount of penalty shall be determined by the Department of Education on behalf of the Educator Advancement Council.

History

Statutory/Other Authority: ORS 326.051 & 329.795
Statutes/Other Implemented: ORS 329.790 - 329.820
ODE 32-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 39-2019, minor correction filed 08/09/2019, effective 08/09/2019
ODE 5-2019, minor correction filed 01/10/2019, effective 01/10/2019
Renumbered from 581-020-0090 by ODE 43-2014, f. & cert. ef. 12-4-14
ODE 3-2008, f. & cert. ef. 1-25-08
EB 18-1988, f. & cert. ef. 3-16-88

Or. Admin. R. 581-018-0200 Definitions: Dual-Language/Two-Way Bilingual Grant

The following definitions apply to OAR 581-018-0200 to 581-018-0225:

(1) “Dual-Language/Two-Way Bilingual Grant” means the Grant established in OAR 581-018-0205 to implement section 1(3)(f), chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233).

(2) “Dual-Language” means instruction in English and a targeted language.

(3) “Two-Way Bilingual” means two-way programs that have the demographics to invite native-English-speaking students to join their bilingual and English Language Learner peers in an integrated bilingual classroom.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 40-2019, minor correction filed 08/09/2019, effective 08/09/2019
ODE 32-2013, f. & cert. ef. 12-18-13
ODE 17-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0205 Establishment: Dual-Language/Two-Way Bilingual Grant

(1) There is established the Dual-Language/Two-Way Bilingual Grant to support school districts and public charter schools to design, implement and improve dual language/two-way bilingual programs. The programs assist students in becoming academically proficient in two languages by providing research based enrichment schooling that closes the academic achievement gap in English and continues to develop a student’s first language.

(2) Subject to available funds, the grants will be awarded for three years and in three phases:

(a) Planning phase.

(b) Implementation phase.

History

Statutory/Other Authority: Sec. 1 (Enrolled HB 3233) & 2013 OL Ch. 661
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 41-2019, minor correction filed 08/09/2019, effective 08/09/2019
ODE 32-2013, f. & cert. ef. 12-18-13
ODE 17-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0210 Eligibility: Dual-Language/Two-Way Bilingual Grant

(1) The following entities shall be eligible to receive the Dual-Language/Two-Way Bilingual Grant:

(a) School districts;

(b) Public charter schools; and

(c) Consortium of school districts, public charter schools, non-profit organizations or post-secondary institutions. Each consortium must have at least one school district or public charter school as a member.

(2) A single grant proposal may include more than one eligible applicant, but the fiscal agent must be one of the eligible applicants identified in subsection (1)(a) or (b) of this rule.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 42-2019, minor correction filed 08/09/2019, effective 08/09/2019
ODE 32-2013, f. & cert. ef. 12-18-13
ODE 17-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0215 Criteria: Dual-Language/Two-Way Bilingual Grant

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted each biennium for which the Dual-Language/Two-Way Bilingual grant funds are available. All proposals must comply with the requirements of section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233) and rules adopted to implement that section.

(2) Grants shall be awarded based on the following criteria:

(a) Whether the grant application identifies how the funds will be used to reach the 40-40-20 goal and improve education outcomes.

(b) Whether the grant application demonstrates school district or public charter school support, commitment and readiness to design a Dual Language/Two-Way Bilingual Grant program.

(3) The Department shall give priority to proposals that meet the minimum criteria and:

(a) Provide a sustainability plan to continue the program for at least two additional years after the third year of the grant.

(b) The extent to which the applicant clearly documents its capacity to implement and carry out the Dual-Language/Two-Way Bilingual program, including demonstrated intentions to work in a collaborative way with other grantees.

(4) The Department of Education shall allocate funds for the grant program based on the evaluation of the grant application and the following considerations:

(a) Geographic location of district to insure geographic diversity within the recipients of grant program funds throughout the state;

(b) Districts who have achievement gap between subgroup populations;

(d) Give preference to entities that have demonstrated success in improving student outcomes.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 43-2019, minor correction filed 08/09/2019, effective 08/09/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 32-2013, f. & cert. ef. 12-18-13
ODE 17-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0220 Funding: Dual-Language/Two-Way Bilingual Grant

(1) Each grantee may receive up to $120,000 which shall be awarded as following:

(a) 25 percent of the grant amount in year one for the planning phase.

(b) 50 percent of the grant amount in year two for the implementation phase.

(2) Grantees shall use funds received for the planning phase to engage administrators, teachers, parents and the community in the planning of the program with a focus on building school and school district capacity to sustain efforts.

(3) Grantees must be able to expend the funds for allowable purposes specified in the request for proposal within the grant timeline according to acceptable accounting procedures.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 44-2019, minor correction filed 08/09/2019, effective 08/09/2019
ODE 32-2013, f. & cert. ef. 12-18-13
ODE 17-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0225 Reporting: Dual-Language/Two-Way Bilingual Grant

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 46-2019, minor correction filed 08/12/2019, effective 08/12/2019
ODE 45-2019, minor correction filed 08/09/2019, effective 08/09/2019
ODE 32-2013, f. & cert. ef. 12-18-13
ODE 17-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14

Or. Admin. R. 581-018-0250 Definitions: Closing the Achievement Gap for African American Students Grant

The following definitions apply to OAR 581-018-0250 to 581-018-0275:

(1) “Achievement gap” means the research-based gap in achievement that often exists between students who are economically disadvantaged, students learning English as a second language and students who are African American, Hispanic or Native American and their peers.

(2) “African American” means persons from African descent living in America; also referred to in census data as “Black.”

(3) “Closing the Achievement Gap for African American Students Grant” means the Grant established in OAR 581-018-0205 to implement section 1(3)(f), chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233).

(4) “Non-profit organization” means:

(a) An organization established as a nonprofit organization under the laws of Oregon; and

(b) Qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code as defined in ORS 314.011.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 47-2019, minor correction filed 08/12/2019, effective 08/12/2019
ODE 4-2019, minor correction filed 01/09/2019, effective 01/09/2019
ODE 34-2013, f. & cert. ef. 12-18-13
ODE 24-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14

Or. Admin. R. 581-018-0255 Establishment: Closing the Achievement Gap for African American Students Grant

(1) There is established the Closing the Achievement Gap for African American Students Grant to support nonprofit organizations who are working to design, implement, improve, expand, or otherwise revise programming and services for African American students. The programs and services assist African American students by offering unique opportunities to make strong home, school, and community connections in an effort to increase academic achievement and personal well-being. Research suggests that community organizations are positioned to provide targeted support to learners who are sometimes neglected in traditional school systems.

(2) Subject to available funds, the grants will be awarded for one year based on a detailed description of proposed programming or services. This can include but is not limited to:

(a) Planning phase.

(b) Implementation phase.

(3) The purpose of the grant program is to provide funds to non-profit organizations that understand the unique needs of African American students, who have the potential to become exemplar programs and who can create collaborative practices around:

(a) Strengthening ties between home, school, and community;

(b) Creating space for active parent participation;

(d) Training or professional development for parents, educators, and interested community entities on closing achievement gaps for African American students;

(e) Literacy initiatives for closing achievement gaps for African American students; and

(f) College and career readiness and transition to college or career.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 48-2019, minor correction filed 08/12/2019, effective 08/12/2019
ODE 34-2013, f. & cert. ef. 12-18-13
ODE 24-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14

Or. Admin. R. 581-018-0260 Eligibility: Closing the Achievement Gap for African American Students Grant

(1) To be eligible to receive the Closing the Achievement Gap for African American Students Grant an organization must:

(a) Be a non-profit organizations; and

(b) Provide data to the Department of Education documenting that the majority of the students served through programming and resources by the organization are African American.

(2) A single grant proposal may include more than one eligible applicant, but the fiscal agent must be one of the eligible applicants identified in subsection (1) of this rule.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 49-2019, minor correction filed 08/12/2019, effective 08/12/2019
ODE 34-2013, f. & cert. ef. 12-18-13
ODE 24-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14

Or. Admin. R. 581-018-0265 Criteria

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted for the Closing the Achievement Gap for African American Students Grant funds. All proposals must comply with the requirements of section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233) and rules adopted to implement that section.

(2) Grants shall be awarded based on the following criteria:

(a) Whether the grant application identifies how the funds will be used to reach the 40-40-20 goal and improve education outcomes for African American students as identified using the Oregon Equity Lens.

(b) Whether the grant applicant demonstrates support, commitment and readiness to design or revise programming specifically for African American students.

(3) The Department shall give priority to proposals that meet the minimum criteria and:

(a) Provide a sustainability plan to continue the program for at least two years after the grant funding has ended.

(b) The extent to which the applicant clearly documents its capacity to implement and carry out programming and services for closing the achievement gap for African American student populations, including demonstrated intentions to work in a collaborative way with school districts, other non-profits or post-secondary institutions.

(4) The Department of Education shall allocate funds for the grant program based on the evaluation of the grant application and the following considerations:

(a) Geographic location of the non-profit organization to insure geographic diversity within the recipients of grant program funds throughout the state;

(b) Organizations who have documented evidence of serving a primarily African American student population;

(d) Give preference to entities that have demonstrated success in improving student outcomes.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 50-2019, minor correction filed 08/12/2019, effective 08/12/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 34-2013, f. & cert. ef. 12-18-13
ODE 24-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14

Or. Admin. R. 581-018-0270 Funding: Closing the Achievement Gap for African American Students Grant

(1) Each grantee may receive up to $100,000 which shall be awarded during the following phases based on a detailed budget narrative and budget template:

(a) Planning phase.

(b) Implementation phase.

(2) Grantees shall use funds received for the planning, implementation, and evaluation phrases of the grant for activities outlined in the request for proposal.

(3) Grantees must be able to expend the funds for allowable purposes specified in the request for proposal within the grant timeline according to acceptable accounting procedures.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 51-2019, minor correction filed 08/12/2019, effective 08/12/2019
ODE 34-2013, f. & cert. ef. 12-18-13
ODE 24-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14

Or. Admin. R. 581-018-0275 Reporting: Closing the Achievement Gap for African American Students Grant

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 52-2019, minor correction filed 08/12/2019, effective 08/12/2019
ODE 34-2013, f. & cert. ef. 12-18-13
ODE 24-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14

Or. Admin. R. 581-018-0300 Definitions: Educator Effectiveness and CCSS Implementation Grant

The following definitions apply to 581-018-0300 to 581-018-0325:

(1) “Common Core State Standards (CCSS)” means a coherent progression of learning expectations in English language arts and mathematics designed to prepare K–12 students for college and career success. CCSS were adopted by the Oregon State Board of Education in 2010.

(2) “Educator Effectiveness” means expectations for educators defined by the Core Teaching Standards established in Senate Bill 290 to improve student academic growth. Teacher effectiveness is defined by the Model Core Teaching Standards and administrator effectiveness is defined by the Oregon Educational Leadership/Administrator Standards adopted by the State Board of Education in 2011.

(3) “Oregon Framework for Teacher and Administrator Evaluation and Support Systems” means the state guidelines developed by the Oregon Department of Education and stakeholders that incorporates the requirements of Senate Bill 290 and the federal requirements of the Elementary and Secondary Education Act (ESEA) Flexibility Waiver for educator evaluation and support systems.

(4) “Regional Peer Review Panels” means the process required in Oregon’s ESEA Flexibility Waiver in which the Department of Education will ensure that each district is fully implementing educator evaluation systems and providing feedback and support to districts.

(5) “Achievement gap” means the gap in achievement that often exists between students who are economically disadvantaged, students learning English as a second language, African American, Hispanic or Native American and their peers.

(6) “Network” means the Network of Quality Teaching and Learning established by chapter 661, Oregon Law 2013 (Enrolled House Bill 3233).

History

Statutory/Other Authority: Sect. 1, ch. 661 & OL 2013 (Enrolled HB 3233)
Statutes/Other Implemented: Sect. 1, ch. 661 & OL 2013 (Enrolled HB 3233)
ODE 53-2019, minor correction filed 08/12/2019, effective 08/12/2019
ODE 4-2014, f. & cert. ef. 2-19-14
ODE 22-2013(Temp), f. & cert. ef. 9-27-13 thru 3-26-14

Or. Admin. R. 581-018-0305 Establishment: Educator Effectiveness and CCSS Implementation Grant

(1) The Educator Effectiveness and CCSS Implementation Grant program is established as part of the Network for Quality Teaching and Learning.

(2) The purposes of the grants are to:

(a) Build each school district’s capacity to support full implementation of the Oregon Framework for Teacher and Administrator Evaluation and Support Systems and the Common Core State Standards.

(b) Enhance school district leadership capacity to plan and support high quality professional learning.

(d) Establish and support regional Peer Review Panels to:

(A) Ensure that districts are fully implementing valid and reliable educator evaluation and support systems and CCSS including for English Learners, students with disabilities, and low-achieving students; and

(B) Provide high quality feedback and support to districts.

History

Statutory/Other Authority: Sect. 1, ch. 661 & OL 2013 (Enrolled HB 3233)
Statutes/Other Implemented: Sect. 1, ch. 661 & OL 2013 (Enrolled HB 3233)
ODE 54-2019, minor correction filed 08/12/2019, effective 08/12/2019
ODE 4-2014, f. & cert. ef. 2-19-14
ODE 22-2013(Temp), f. & cert. ef. 9-27-13 thru 3-26-14

Or. Admin. R. 581-018-0310 Eligibility: Educator Effectiveness and CCSS Implementation Grant

The Department of Education shall allocate funds for Educator Effectiveness and CCSS Implementation to:

(1) School districts or consortia of small districts to support an Education Facilitator Team and district implementation.

(2) Non-profit organizations and postsecondary institutions for the purpose of supporting implementation.

History

Statutory/Other Authority: Sect. 1, ch. 661 & OL 2013 (Enrolled HB 3233)
Statutes/Other Implemented: Sect. 1, ch. 661 & OL 2013 (Enrolled HB 3233)
ODE 55-2019, minor correction filed 08/12/2019, effective 08/12/2019
ODE 4-2014, f. & cert. ef. 2-19-14
ODE 22-2013(Temp), f. & cert. ef. 9-27-13 thru 3-26-14

Or. Admin. R. 581-018-0315 Criteria: Educator Effectiveness and CCSS Implementation Grant

(1) Each school district or a consortium of small school districts must establish a collaborative Professional Learning Team consisting of teachers and building/district administrators to support district-wide implementation of the CCSS and the Oregon Framework for Teacher and Administrator Evaluation and Support Systems. District teams must take into consideration the needs of all students in their district, including students with disabilities, English learners, and low-achieving students and closing the achievement gap. District Professional Learning Teams will:

(a) Attend Educator Effectiveness-CCSS Professional Learning Conferences provided by the Department.

(b) Facilitate an assessment of the district’s professional learning needs for implementation of Educator Effectiveness and CCSS.

(d) Serve as a liaison to the Department to disseminate information and inform policy.

(2) During the 2014–15 school year, each school district shall present their educator evaluation and support system to a regional Peer Review Panel. The Department shall establish and disseminate criteria for the peer review process to school districts during the 2013-14 school year.

History

Statutory/Other Authority: Sect. 1, ch. 661 & OL 2013 (Enrolled HB 3233)
Statutes/Other Implemented: Sect. 1, ch. 661 & OL 2013 (Enrolled HB 3233)
ODE 56-2019, minor correction filed 08/12/2019, effective 08/12/2019
ODE 4-2014, f. & cert. ef. 2-19-14
ODE 22-2013(Temp), f. & cert. ef. 9-27-13 thru 3-26-14

Or. Admin. R. 581-018-0320 Grant Funding: Educator Effectiveness and CCSS Implementation Grant

(1) The Department shall allocate funds to school districts or consortia of small school districts to establish Professional Learning Teams as described in 581-018-0315 and provide professional learning to support implementation of Educator Effectiveness and CCSS.

(2) Each school district that participates in the Educator Effectiveness-CCSS Professional Learning Conferences will be awarded a non-competitive grant based on ADMw and district needs.

(3) The Department of Education shall facilitate statewide and regional networking among districts and post-secondary institutions to promote collaborative learning and sharing of best practices.

(4) The Department of Education and school districts may contract with entities on the master contractor list to provide professional learning and technical assistance to support implementation in districts.

(5) Each school district that participates in the Educator Effectiveness-CCSS Professional Learning Conferences will be awarded a non-competitive grant based on ADMw and district needs.

(6) The Department shall facilitate statewide and regional networking among districts and post-secondary institutions to promote collaborative learning and sharing of best practices.

(7) The Department and school districts may contract with entities on the master contractor list to provide professional learning and technical assistance to support implementation in districts.

History

Statutory/Other Authority: Sect. 1, ch. 661 & OL 2013 (Enrolled HB 3233)
Statutes/Other Implemented: Sect. 1, ch. 661 & OL 2013 (Enrolled HB 3233)
ODE 57-2019, minor correction filed 08/14/2019, effective 08/14/2019
ODE 4-2014, f. & cert. ef. 2-19-14
ODE 22-2013(Temp), f. & cert. ef. 9-27-13 thru 3-26-14

Or. Admin. R. 581-018-0325 Reporting

The Department of Education shall develop district reporting requirements for allocation of funds for Educator Effectiveness and CCSS implementation.

History

Statutory/Other Authority: Sect. 1, ch. 661 & OL 2013 (Enrolled HB 3233)
Statutes/Other Implemented: Sect. 1, ch. 661 & OL 2013 (Enrolled HB 3233)
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 58-2019, minor correction filed 08/14/2019, effective 08/14/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 4-2014, f. & cert. ef. 2-19-14
ODE 22-2013(Temp), f. & cert. ef. 9-27-13 thru 3-26-14

Or. Admin. R. 581-018-0327 Definitions: Small/Rural Grant

The following definitions apply to 581-018-0327 to 581-018-0336

(3) “Network” means the Network of Quality Teaching and Learning established by ORS 342.950.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 59-2019, minor correction filed 08/14/2019, effective 08/14/2019
ODE 28-2014, f. & cert. ef. 6-24-14
ODE 5-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0330 Purpose and Eligibility: Small/Rural Grant

(1) The Oregon Department of Education shall establish a noncompetitive grant to support small/rural districts in implementing the Common Core State Standards and improving Educator Effectiveness.

(2) The Department shall determine eligible school districts for the grant based whether the district meets both the size and rural designation criteria.

(3) The Oregon Department of Education shall determine each biennium when the Small/Rural Grant Funds are available and which school districts are eligible to receive funds. The Department shall notify eligible districts of the application process and the due dates, and make available necessary guidelines and application forms.

(4) The Department shall distribute funds to eligible districts based on the following rural and size designation:

(a) Rural Designation:

(A) “County Designation” means a county designated by the US Census Bureau as either Rural, Micropolitan or Metropolitan.

(B) “Rural” means a district designated by the US Census Bureau as being located outside of an city or its urban fringe area for statistical purposes.

(C) “District Designation” means the label assigned to the district depending the county it is located in where it is defined as Rural (e.g. Micropolitan county-rural).

(b) Size Designation:

(A) “Very Small District” means a district whose ADMr is 1–499.

(B) “Small District” means a district whose ADMr is 500–1,000.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 60-2019, minor correction filed 08/14/2019, effective 08/14/2019
ODE 28-2014, f. & cert. ef. 6-24-14
ODE 5-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0333 Funding: Small/Rural Grant

The Department of Education shall determine the amount of funds available to an eligible district based on the district’s size and rural county designation.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 61-2019, minor correction filed 08/14/2019, effective 08/14/2019
ODE 28-2014, f. & cert. ef. 6-24-14
ODE 5-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0336 Reporting

(1) Districts shall meet timelines, performance measures and other requirements related to the accumulation and evaluation of data collected as required by the Oregon Department of Education.

(2) Districts shall submit interim and final grant reports describing progress toward grant requirements and goals as defined by the Department of Education.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 62-2019, minor correction filed 08/14/2019, effective 08/14/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 28-2014, f. & cert. ef. 6-24-14
ODE 5-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0381 Definitions: Oregon Minority Educator Retention Grant

The following definitions apply to OAR 581-018-0381 to 581-018-0398:

(1) “Culturally and/or Linguistically Diverse” means individuals who are non-White, who are not native English speakers, and who are Hispanic.

(2) “Culturally Responsive (ness)” means using the cultural knowledge, prior experiences, and performance styles of diverse individuals to make learning and experiences more appropriate and effective for them; it teaches to and through the strengths of these individuals. (Adapted from Gay, 2000).

(3) “Minority” means a person who is:

(a) A person having origins in any of the black racial groups of Africa but who is not Hispanic;

(b) A person of Hispanic culture or origin;

(c) A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands;

(d) An American Indian or Alaskan Native having origins in any of the original peoples of North America; or

(e) A person whose first language is not English.

(4) “Oregon Minority Educator Retention Grant” means the Grant established in OAR 581-018-0285 to implement section 1(3)(f), chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233).

(5) “Retention” means the active, purposeful process of establishing effective and efficient systems that maintain the targeted recruitment population in the teaching profession.

History

Statutory/Other Authority: OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 63-2019, minor correction filed 08/21/2019, effective 08/21/2019
ODE 35-2018, minor correction filed 11/09/2018, effective 11/09/2018
ODE 27-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0386 Establishment

(1) There is established the Oregon Minority Educator Retention Grant to support school districts who are working to design and implement retention models for educators who are culturally and/or linguistically diverse. Subject to available funds, the grants will be awarded for two years based on a detailed description of proposed programming or services. This can include but is not limited to:

(a) Planning phase.

(b) Implementation phase.

(2) The purpose of the grant program is to provide funds to school districts who can create collaborative processes around:

(a) Developing a culturally responsive interviewing model adaptable to a variety of settings in the P-20 structure using the Oregon Equity Lens to frame the work.

(b) Collaborating with local community based organizations to develop programs and events to create a welcoming environment for culturally and/or linguistically diverse new hires.

(c) Develop strong mentoring programs with particular attention to the needs of teachers who are culturally and/or linguistically diverse.

(d) Implement systems at the district level to check-in with staff who are culturally and/or linguistically diverse on the success of retention efforts and related needs.

(e) Create professional learning communities that support the development of district-wide cultural responsiveness.

History

Statutory/Other Authority: OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 64-2019, minor correction filed 08/21/2019, effective 08/21/2019
ODE 27-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0391 Eligibility: Oregon Minority Educator Retention Grant

(1) To be eligible to receive the Oregon Minority Educator Retention Grant an applicant must be:

(a) School districts.

(b) Consortium of school districts and other entities (each consortium must include at least one school district as a member).

(2) A single grant proposal may include more than one eligible applicant, but the fiscal agent must be a school district.

History

Statutory/Other Authority: OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 65-2019, minor correction filed 08/21/2019, effective 08/21/2019
ODE 27-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0394 Criteria: Oregon Minority Educator Retention Grant

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted for the Oregon Minority Educator Retention Grant funds. All proposals must comply with the requirements of section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233) and rules adopted to implement that section.

(2) Grants shall be awarded based on the following criteria:

(a) Whether the grant application identifies how the funds will be used to reach the targeted outcomes and intent of the Oregon Teacher Corps and the Oregon Minority Teacher Act.

(b) Whether the grant applicant demonstrates readiness, commitment, and support to design and implement models of retention for culturally and/or linguistically diverse educators.

(3) The Department shall give priority to proposals that meet the minimum criteria and:

(a) Provide a sustainability plan to continue the program for at least two years after the grant funding has ended.

(b) Consider research-based best practice around minority educator retention models.

(4) The Department of Education shall allocate funds for the grant program based on the evaluation of the grant application and the following considerations:

(a) Geographic location of the district to insure geographic diversity within the recipients of grant program funds throughout the state;

(b) Organizations who have documented evidence of creating and maintaining successful minority educator retention models;

(c) Organizations who have a high level of potential teacher candidates (applicant pool) from diverse cultural and linguistic backgrounds; and

(d) Give preference to entities that have demonstrated success in creating strong partnerships with community organizations to support outcomes.

History

Statutory/Other Authority: OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 66-2019, minor correction filed 08/21/2019, effective 08/21/2019
ODE 27-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0396 Funding: Oregon Minority Educator Retention Grant

(1) Up to five school district grant awards will be given as follows: $10,000 in Year One and $25,000 in year two which shall be awarded during the following phases based on a detailed budget narrative and budget template:

(a) Planning phase.

(b) Implementation phase.

(2) Grantees shall use $10,000 awards for design grants and $25,000 awards to plan, develop, and pilot district models.

(3) Grantees must be able to expend the funds for allowable purposes specified in the request for proposal within the grant timeline according to acceptable accounting procedures.

History

Statutory/Other Authority: OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 67-2019, minor correction filed 08/21/2019, effective 08/21/2019
ODE 27-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0398 Reporting: Oregon Minority Educator Retention Grant

History

Statutory/Other Authority: OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
Statutes/Other Implemented: OL Ch. 661 & Sec. 1 (Enrolled HB 3233)
ODE 68-2019, minor correction filed 08/21/2019, effective 08/21/2019
ODE 27-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0401 Definitions: Oregon Minority Educator Pipeline Models Grant

The following definitions apply to OAR 581-018-0401 to 581-018-0425:

(1) “Culturally and/or Linguistically Diverse” means individuals who are non-White, who are not native English speakers, and who are Hispanic.

(2) “Minority” means a person who is:

(a) A person having origins in any of the black racial groups of Africa but who is not Hispanic;

(b) A person of Hispanic culture or origin;

(c) A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands;

(d) An American Indian or Alaskan Native having origins in any of the original peoples of North America; or

(e) A person whose first language is not English.

(3) “Oregon Minority Educator Pipeline Models Grant” means the Grant established in OAR 581-018-0406 to implement section 1(3)(f), chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233).

(4) “Pipeline Model” means the route through which future teachers are recruited, educated, hired, and retained in the education system.

(5) “Postsecondary Institution” means a:

(a) A community college operated under ORS chapter 341.

(b) The following public universities within the Oregon University System:

(A) University of Oregon.

(B) Oregon State University.

(D) Oregon Institute of Technology.

(E) Western Oregon University.

(F) Southern Oregon University.

(G) Eastern Oregon University.

(d) An Oregon-based, generally accredited, not-for-profit institution of higher education.

(5) “Underrepresented” means populations in the United States who have been historically excluded from the same rights and privileges as the majority, White, culture. This applies to opportunity in education, business, and social aspects of society.

(6) “Recruitment” means the active, purposeful process of establishing effective and efficient systems that attract individuals to the teaching profession.

(7) “Retention” means the active, purposeful process of establishing effective and efficient systems that maintain the targeted recruitment population in the teaching profession.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB3233)
ODE 69-2019, minor correction filed 08/22/2019, effective 08/22/2019
ODE 26-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0406 Establishment: Oregon Minority Educator Pipeline Models Grant

(1) There is established the Oregon Minority Educator Pipeline Models Grant to support school districts and post-secondary institutions who are working to expand educator pipeline models that recruit and retain educators who are culturally and/or linguistically diverse. Subject to available funds, the grants will be awarded for two years based on a detailed description of proposed programming or services. This can include but is not limited to:

(a) Planning phase.

(b) Implementation phase.

(2) The purpose of the grant program is to provide funds to school districts and post-secondary institutions who can create collaborative processes around:

(a) Developing a statewide program with interested partners that provides free and/or low cost advising and academic supports to diverse educators;

(b) Formalizing partnerships with professional groups to leverage tutoring and internships;

(d) Working with TeachOregon projects to develop, test, and expand improved job recruitment and retention practices that lead to a more diverse workforce in Oregon;

(e) Creating a high school cadet program or career pathway model for district employees to recruit future educators who are culturally and/or linguistically diverse;

(f) Allocating funding to provide financial support to future educators from underrepresented populations.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB3233)
ODE 70-2019, minor correction filed 08/22/2019, effective 08/22/2019
ODE 26-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0411 Eligibility: Oregon Minority Educator Pipeline Models Grant

(1) To be eligible to receive the Oregon Minority Educator Pipeline Models Grant an applicant must be a:

(a) School district;

(b) Post-secondary institution;

(c) Consortium of school districts, post-secondary institutions and other entities (each consortium must include at least one school district or post-secondary institution as a member).

(2) A single grant proposal may include more than one eligible applicant, but the fiscal agent must be one of the eligible applicants identified in subsection (1) of this rule.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB3233)
ODE 71-2019, minor correction filed 08/22/2019, effective 08/22/2019
ODE 26-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0416 Criteria: Oregon Minority Educator Pipeline Models Grant

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted for the Oregon Minority Educator Pipeline Models Grant funds. All proposals must comply with the requirements of section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233) and rules adopted to implement that section.

(2) Grants shall be awarded based on the following criteria:

(a) Whether the grant application identifies how the funds will be used to reach the targeted outcomes and intent of the Oregon Teacher Corps and the Oregon Minority Teacher Act.

(b) Whether the grant applicant demonstrates readiness, commitment, and support to expand models of recruitment and retention for culturally and/or linguistically diverse educators.

(3) The Department shall give priority to proposals that meet the minimum criteria and:

(a) Provide a sustainability plan to continue the program for at least two years after the grant funding has ended.

(b) The extent to which the applicant clearly documents its capacity to implement and carry out purposeful system for recruiting a diverse student population, providing financial support to future educators, and collaborating with key partners in the process.

(4) The Department of Education shall allocate funds for the grant program based on the evaluation of the grant application and the following considerations:

(a) Geographic location of the district to insure geographic diversity within the recipients of grant program funds throughout the state;

(b) Applicants who have documented evidence of creating and maintaining successful minority educator pipeline models;

(c) Applicants who have a high level of potential teacher candidates (applicant pool) from diverse cultural and linguistic backgrounds; and

(d) Give preference to applicants that have demonstrated success in creating strong partnerships with community organizations support outcomes.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB3233)
ODE 72-2019, minor correction filed 08/22/2019, effective 08/22/2019
ODE 26-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0421 Funding: Oregon Minority Educator Pipeline Models Grant

(1) Each grantee may receive $180,000 which shall be awarded during the following phases based on a detailed budget narrative and budget template:

(a) Planning phase.

(b) Implementation phase.

(2) Grantees shall use funds received for the planning, implementation, and evaluation phrases of the grant for activities outlined in the request for proposal.

(3) Grantees must be able to expend the funds for allowable purposes specified in the request for proposal within the grant timeline according to acceptable accounting procedures.

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB3233)
ODE 73-2019, minor correction filed 08/22/2019, effective 08/22/2019
ODE 26-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0425 Reporting: Oregon Minority Educator Pipeline Models Grant

History

Statutory/Other Authority: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB3233)
Statutes/Other Implemented: 2013 OL Ch. 661 & Sec. 1 (Enrolled HB3233)
ODE 74-2019, minor correction filed 08/22/2019, effective 08/22/2019
ODE 26-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0431 Definitions: Proficiency-Based Teaching and Learning Grant

The following definitions apply to OAR 581-018-0431 to 581-018-0443:

(1) “Non-profit organization” means:

(a) An organization established as a nonprofit organization under the laws of Oregon; and

(b) Qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code as defined in ORS 314.011.

(2) “Proficiency-based teaching and learning” means a practice that is student-centered and based upon several key principles:

(a) Students learn in a personalized environment and advance upon demonstrated mastery of state, industry, or national standards;

(b) Measurable learning objectives are explicit and empower students;

(d) Students receive rapid, differentiated support and learning outcomes including applied learning.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 75-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 25-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0434 Establishment: Proficiency-Based Teaching and Learning Grant

(1) The Proficiency-Based Teaching and Learning Grant is established to support proficiency-based teaching and learning demonstration sites. The purposes of the grant are:

(a) To inform proficiency-based teaching and learning practices in other school sites; and

(b) To develop new proficiency-based teaching and learning school sites in underserved regions in the state.

(2) Grants will fund eligible entities committed to developing sustainable proficiency-based teaching and learning programs in a school district or consortia of school districts with a strong commitment to improving student achievement and to providing demonstration sites for proficiency-based teaching and learning in the state.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 76-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 25-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0437 Eligibility: Proficiency-Based Teaching and Learning Grants

(1) The following entities shall be eligible to receive Proficiency-Based Teaching and Learning Grants:

(a) School districts.

(b) Non-profit organizations working with at least one school district.

(2) A single grant proposal may include more than one eligible applicant and may also include other entities such as education service districts or post-secondary institutions, but the fiscal agent must be one of the eligible applicants identified in subsection (1) of this rule.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 77-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 25-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0440 Implementation of Grant Funding: Proficiency-Based Teaching and Learning Grants

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted for the Proficiency-Based Teaching and Learning Grants. All proposals must comply with the requirements of section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233) and rules adopted to implement that section.

(2) The Department may award up to two grants. Each grant shall support one to four demonstration sites within one or more school districts.

(3) To receive a grant an applicant must demonstrate a high level of support from school district boards and local education associations in all participating districts.

(4) The Department shall determine the amount of each grant based on the funds available for the grants and each grant application. The Department of shall allocate funds for the grant program based on an evaluation of the grant application and whether the applicant has:

(a) Demonstrated a focus on district, state, and Common Core standards as the learning targets for which students will be held accountable;

(b) Defined levels of proficiency laid out on a learning continuum that is used to identify baseline ability and that reflects a range of continuous learning;

(c) Has experience and training expertise in coaching and supporting schools in proficiency or will utilize another entity with this expertise as a sub-contractor and partner;

(d) Identified sites in the application that are willing to serve as a demonstration sites for other school districts and a source of evidence of best practices and evidence-based models; and

(e) A plan that includes a strong outreach to parent and business communities to insure that those groups understand the shift to standards at a school site and what it means to support students in reaching proficient levels of knowledge and skills.

(5) The Department of Education shall allocate funds for the grant program based on the evaluation of the grant application and the following considerations:

(a) Geographic location of district to insure geographic diversity within the recipients of grant program funds throughout the state;

(b) Districts that have achievement gaps between subgroup populations; and

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 78-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 25-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0443 Timelines and Performance Measures: Proficiency-Based Teaching and Learning Grants

The Oregon Department of Education shall provide award recipients a template for interim and final grant reports. Recipients are required to submit the interim and final report prior to receiving their final request for funds.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 79-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 25-2014, f. & cert. ef. 6-24-14

Or. Admin. R. 581-018-0500 Definitions: Culturally Responsive Pedagogy and Practices Grant

The following definitions apply to OAR 581-018-0500 to 581-018-0515:

(1) “Achievement gap” means the research-based gap in opportunity that often exists between students who are economically disadvantaged, students learning English as a second language and students who are African American, Hispanic or Native American and their White peers.

(2) “Culturally responsive” means the implicit use of the cultural knowledge, prior experiences, frames of reference, and performance styles of diverse students to make learning more appropriate and effective for them.

(3) “Culturally Responsive Pedagogy and Practices Grant” means the Grant established in OAR 581-018-0205 to implement ORS 342.950(3)(f).

(4) “Culturally Relevant” means pedagogy and practices that propose the following: students must experience academic success, students must develop and/or maintain cultural competence, and students must develop a critical consciousness through which they challenge the status quo of the current social order.

(5) “Culturally and/or linguistically diverse” means: students who identify as racial and/or ethnically diverse (Hispanic, African American, Native American, Alaskan Native, Pacific Islander) or whose native language is not English.

(6) “Culturally competent” means the ability to successfully teach students who come from a culture or cultures other than our own. It entails developing certain personal and interpersonal awareness and sensitivities, understanding certain bodies of cultural knowledge, and mastering a set of skills that, taken together, underlie effective cross-cultural teaching and culturally responsive teaching.

(7) “Systemic Equity” means: the transformed ways in which systems and individuals habitually operate to ensure that every learner- in whatever learning environment that learner is found — has the greatest opportunity to learn enhanced by the resources and supports necessary to achieve competence, excellence, independence, responsibility, and self-sufficiency for school and for life.

(8) “Opportunity gap” means: the ways in which race, ethnicity, socioeconomic status, English proficiency, community wealth, familial situations, or other factors contribute to or perpetuate lower educational aspirations, achievement, and attainment for certain groups of students.

(9) “Pre-service teacher” means an individual who is enrolled in a post-secondary teacher preparation program at the undergraduate or graduate level working to obtain an initial teaching license.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 81-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 24-2014, f. & cert. ef. 6-24-14
ODE 6-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0503 Establishment: Culturally Responsive Pedagogy and Practices Grant

(1) There is established the Culturally Responsive Pedagogy and Practices Grant to support school districts and post-secondary educator preparation programs who are working to close achievement gaps for culturally and/or linguistically diverse learners through culturally responsive pedagogy and practices. The grants may be used to fund research based best practices which:

(a) Provide a critical opportunity for schools and institutions of higher education to address the social and academic needs of diverse students ; and

(b) Connect in-school experiences with out-of-school living, promote educational equity and excellence, and create a strong community among individuals from diverse cultural, social, and ethnic backgrounds while developing students’ sense of agency, efficacy, and empowerment.

(2) Subject to available funds, the grants will be awarded for the biennium based on a detailed description of proposed programming or services. This can include but is not limited to:

(a) Planning phase.

(b) Implementation phase.

(3) The purpose of the grant program is to provide funds to school districts and post-secondary educator preparation programs that are focused on collaboration around culturally responsive professional development and pre-service teacher preparation Outcomes of this work should be evident through teacher interactions with culturally and/or linguistically diverse learners and increased academic achievement for these students. This can include the following:

(a) Developing culturally responsive pedagogy and practice specific to closing the opportunity gap for Hispanic (Latino/a), African American, Asian American, Alaskan Native, American Native, and all other student populations of color;

(b) Connecting with students of color with special emphasis on the implementation of the Oregon Multicultural Education Act;

(d) Strengthening ties between home, school, tribes, and larger communities;

(e) Post-secondary course work and field experiences concentrated on preparing pre-service teachers to demonstrate pedagogy and practices of a culturally responsive educator.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 82-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 24-2014, f. & cert. ef. 6-24-14
ODE 6-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0506 Eligibility: Culturally Responsive Pedagogy and Practices Grant

(1) To be eligible to receive the Culturally Responsive Pedagogy and Practices Grant an applicant must be a:

(a) School district;

(b) Public charter school;

(c) Consortium of school districts, public charter schools, non-profits organizations and/or post-secondary institutions; or

(d) Consortiums may have the district, public charter school, non-profit organization or post-secondary institution serve as a lead agency for the grant.

(e) Post-secondary teacher preparation programs. Each post-secondary institution must have at least one school districts or public charter school as a partner.

(f) Non-profit organization. Each non-profit organization must have at least one school district, public charter and/or post-secondary institution as a partner.

(2) In addition to the entities listed in subsection (1) of this section consortiums may also have additional partner entities.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 83-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 24-2014, f. & cert. ef. 6-24-14
ODE 6-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0509 Criteria

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted for the Culturally Responsive Pedagogy and Practices Grant funds. All proposals must comply with the requirements of section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233) and rules adopted to implement that section.

(2) Grants shall be awarded based on the following criteria:

(a) Whether the grant application identifies how the funds will be used to reach the 40-40-20 goal and improve education outcomes for students of color and English learners as identified using the Oregon Equity Lens.

(b) Whether the grant applicant demonstrates commitment and readiness to use best practice around culturally responsive pedagogy and practice to close opportunity gaps for culturally and/or linguistically diverse learners.

(3) The Department shall give priority to proposals that meet the minimum criteria and:

(a) Provide a sustainability plan to continue the program for at least two years after the grant funding has ended.

(b) The extent to which the applicant clearly documents its capacity to design and implement preparation and/or professional development that focuses on culturally responsive pedagogy and practices that:

(A) Increase academic achievement, retention, and graduation rates for students of color;

(B) Increase student engagement and participation;

(D) Strengthen the bond and communication between home, school, tribe, and the larger community;

(E) Effectively utilize the local community as an extension of the classroom learning environment;

(F) Use any exemplary multicultural curricula or strategies identified by the Department of Education pursuant to the Oregon Multicultural Act under ORS 336.113, as a guide for curriculum and development; and

(G) Implement professional development that is culturally responsive and extends throughout the entire school year;

(H) Revise course offerings and field experiences for pre-service teachers that explicitly prepares educators to implement culturally responsive teaching and practices.

(4) The Department of Education shall allocate funds for the grant program based on the evaluation of the grant application and the following considerations:

(a) Geographic location of applicants to insure geographic diversity within the recipients of grant program funds throughout the state;

(b) Applicants who demonstrate evidence of prior design/planning of a robust culturally responsive learning environment as a way to close achievement gaps for culturally and/or linguistically diverse learners;

(c) Applicants who have a high level of culturally and/or linguistically diverse learners, and those who experience economic disparities.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 84-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 24-2014, f. & cert. ef. 6-24-14
ODE 6-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0512 Funding: Culturally Responsive Pedagogy and Practices Grant

(1) Each grantee may apply for between $50,000–$200,00 in funding which shall be awarded during the following phases based on a detailed budget narrative and budget template:

(a) Planning phase;

(b) Implementation Phase.

(2) Grantees shall use funds received for the planning and implementation phrases of the grant for activities outlined in the request for proposal.

(3) Grantees must be able to expend the funds for allowable purposes specified in the request for proposal within the grant timeline according to acceptable accounting procedures.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 85-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 24-2014, f. & cert. ef. 6-24-14
ODE 6-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0515 Reporting: Culturally Responsive Pedagogy and Practices Grant

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 86-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 24-2014, f. & cert. ef. 6-24-14
ODE 6-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0520 Definitions: American Indian/Alaskan Native Culturally Relevant Teaching, Learning, and Pedagogy Grant Program

The following definitions apply to OAR 581-018-0520 to 581-018-0535:

(2) “American Indian”/Alaskan Native means persons having origins in any of the original peoples of North and South America (including Central American) and who maintain tribal affiliation or community attachment.

(3) “Closing the Achievement Gap for American Indian/Alaskan Native Students Grant” means the Grant established in OAR 581-018-0523 to implement ORS 342.950(3)(f).

(4) “Culturally and/or linguistically diverse” means: students who identify as racial and/or ethnically diverse (Hispanic, African American, Native American, Alaskan Native, Pacific Islander) or whose native language is not English.

(5) “Culturally competent” means the ability to successfully teach students who come from a culture or cultures other than our own. It entails developing certain personal and interpersonal awareness and sensitivities, understanding certain bodies of cultural knowledge, and mastering a set of skills that, taken together, underlie effective cross-cultural teaching and culturally responsive teaching.

(6) “Culturally relevant” means pedagogy and practices that propose the following: students must experience academic success, students must develop and/or maintain cultural competence, and students must develop a critical consciousness through which they challenge the status quo of the current social order.

(7) “Culturally responsive” means the implicit use of the cultural knowledge, prior experiences, frames of reference, and performance styles of diverse students to make learning more appropriate and effective for them.

(8) “Non-profit organization” means:

(a) An organization established as a nonprofit organization under the laws of Oregon; and

(b) Qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code as defined in ORS 314.011.

(9) “Postsecondary Institution” means:

(a) A community college operated under ORS Chapter 341.

(b) The following public universities within the Oregon University System:

(A) University of Oregon.

(B) Oregon State University.

(D) Oregon Institute of Technology.

(E) Western Oregon University.

(F) Southern Oregon University.

(G) Eastern Oregon University.

(H) Oregon Health and Science University.

(I) An Oregon-based, generally accredited, not-for-profit institution of higher education.

(10) “Systemic Equity” means the transformed ways in which systems and individuals habitually operate to ensure that every learner — in whatever learning environment that learner is found--has the greatest opportunity to learn enhanced by the resources and supports necessary to achieve competence, excellence, independence, responsibility, and self-sufficiency for school and for life.

(11) “Title VII Indian Education” means a federally funded program receiving United State Department of Education Title VII — Indian, Native Hawaiian, and Alaska Native Education funding.

(12) “Tribe” means:

(a) The Confederated Tribes of the Warm Springs Indian Reservation.

(b) The Confederated Tribes of the Umatilla Indian Reservation.

(d) The Confederated Tribes of Siletz Indians of Oregon.

(e) The Confederated Tribes of the Grand Ronde.

(f) The Cow Creek Band of Umpqua Indians.

(g) The Confederated Coos, Lower Umpqua and Siuslaw Tribes.

(h) The Klamath Tribe.

(i) The Coquille Tribe.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 87-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 23-2014, f. & cert. ef. 6-24-14
ODE 18-2014(Temp), f. & cert. ef. 3-28-14 thru 9-24-14

Or. Admin. R. 581-018-0523 Establishment: American Indian/Alaskan Native Culturally Relevant Teaching, Learning, and Pedagogy Grant Program

(1) There is established the American Indian/Alaskan Native Culturally Relevant Teaching, Learning, and Pedagogy Grant Program to support the collaborative efforts to design, implement, improve, expand or otherwise infuse American Indian/Alaskan Native culturally responsive pedagogy and effective instructional practices to increase student academic achievement, high school completion and successful engagement in post-secondary educational opportunities.

(2) Subject to available funds, the grant will be awarded for the biennium based on a detailed description of proposed programming or services.

(3) The purpose of the grant program is to provide funds for programs that have the potential to become exemplar programs and can create collaborative practices through the facilitation of:

(a) Strengthening relationships between school district, local community and tribal governance;

(b) Collaboration between school districts, non-profit organizations, Title VII Indian Education Programs, postsecondary institutions, native communities or organizations, and education service districts to assist with identifying evidence-based practices and best practices;

(d) Developing and implementing best practices in an effort of increasing academic outcomes of American Indian/Alaskan Native; and

(e) Developing or expanding opportunities to include American Indian/Alaskan Native language and culture in classrooms.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 88-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 23-2014, f. & cert. ef. 6-24-14
ODE 18-2014(Temp), f. & cert. ef. 3-28-14 thru 9-24-14

Or. Admin. R. 581-018-0526 Eligibility: American Indian/Alaskan Native Culturally Relevant Teaching, Learning, and Pedagogy Grant Program

(1) To be eligible to receive the American Indian/Alaskan Native Culturally Relevant Teaching, Learning, and Pedagogy Grant Program a qualified applicant must:

(a) Be a school district or consortia of districts and must have a partnership with one or more of Oregon’s federally recognized Tribes; or

(b) Be a non-profit organization focusing on Indian education applying in collaboration with a school district.

(2) Qualified applicants must also be available to work with a consultant, provided by Oregon Department of Education, to receive guidance and support during all phases of the funding cycle.

(3) A single grant proposal may include more than one eligible proposal and other entities but the lead agency for the proposal must be a school district or a non-profit organization.

(4) The Department of Education shall give preference to applicants that meet the minimum qualifications described in this section and who can demonstrate collaborative relationships with partners with expertise in working with American Indian/Alaskan Native students or educators who provide educational services to American Indian/Alaskan Native students. The partners may include but are not limited to postsecondary institutions, education service districts, federal Title VII Indian Education programs and native communities or organizations.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 89-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 23-2014, f. & cert. ef. 6-24-14
ODE 18-2014(Temp), f. & cert. ef. 3-28-14 thru 9-24-14

Or. Admin. R. 581-018-0529 Criteria

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted for the American Indian/Alaskan Native Culturally Relevant Teaching, Learning, and Pedagogy Grant Program funds. All proposals must comply with the requirements of ORS 342.950 and rules adopted to implement that section.

(2) Grants shall be awarded based on the following criteria:

(a) Whether the grant application identifies how the funds will be used to reach the 40-40-20 goal and improve education outcomes for American Indian/Alaskan Native students as identified by the Oregon Equity Lens;

(b) Whether the grant application describes a strong and robust plan to close achievement gaps for American Indian/Alaskan Native students;

(c) Whether the grant application describes expected outcomes and a strong and robust plan to achieve those outcomes; and

(d) Whether the grant applications demonstrates how partners will collaborate on a mutually designed proposal in which all essential parties participate.

(3) The Department shall give priority to proposals that meet the minimum criteria and that demonstrate the use of evidence-based or best practice models of the required elements specific to American Indian/Alaskan Native:

(a) Culturally Responsive Pedagogy:

(A) Communication of high expectations.

(B) Teacher as facilitator within classroom.

(C) Integration of students’ prior knowledge and skills through cultural activities, language, ways of life, the arts, and traditional knowledge system.

(D) Positive perspectives on parents and families of culturally and linguistically diverse students.

(E) Cultural sensitivity.

(F) Curricular decisions.

(G) Culturally mediated instruction.

(H) Student-centered, student-controlled classroom discourse.

(b) Culturally Responsive Leadership:

(A) Commitment to reform the educational system to reflect culturally responsiveness through organization of the school and school policies and procedures.

(B) Reshaping the curriculum.

(A) Collaboration with one or more of the Tribes in Oregon or Title VII Indian Education Program.

(B) Postsecondary institution.

(D) Local American Indian/Alaskan Native communities and organizations.

(E) Community involvement of stakeholders (families, advocacy organizations, and other private, non-profit, business, faith-based organizations).

(F) Communication with families that is regular, uses diverse media and shares student achievement status and goals.

(d) Culturally Responsive Pre-Service and In-Service for Teachers:

(A) Coursework and field experiences for pre-service teachers that focuses on culturally responsive teaching, learning, and practice that:

(i) Reflects relevant research;

(ii) Uses local data;

(iii) Ensures principles of culturally responsive pedagogy.

(B) Includes collaboration with institutes of higher education (specifically Oregon Native American Indian Education Teacher Programs).

(e) Provide a sustainability plan to continue the program for at least two years after the grant funding has ended.

(f) The extent to which the proposal clearly documents its capacity to implement and carry out programming and services for American Indian/Alaskan Native culturally responsive pedagogy, practices, and professional development and demonstrates intentions to work in a collaboration with identified partners.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 90-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 23-2014, f. & cert. ef. 6-24-14
ODE 18-2014(Temp), f. & cert. ef. 3-28-14 thru 9-24-14

Or. Admin. R. 581-018-0532 Funding: American Indian/Alaskan Native Culturally Relevant Teaching, Learning, and Pedagogy Grant Program

(1) The Department may award grants up to $100,000 based on a detailed budget narrative and budget template.

(2) Grantees shall use funds received for the grant for activities outlined in the request for proposal.

(3) Grantees must be able to expend the funds for allowable purposes specified in the request for proposal within the grant timeline according to acceptable accounting procedures.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 107-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 91-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 23-2014, f. & cert. ef. 6-24-14
ODE 18-2014(Temp), f. & cert. ef. 3-28-14 thru 9-24-14

Or. Admin. R. 581-018-0535 Reporting: American Indian/Alaskan Native Culturally Relevant Teaching, Learning, and Pedagogy Grant Program

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 106-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 92-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 23-2014, f. & cert. ef. 6-24-14
ODE 18-2014(Temp), f. & cert. ef. 3-28-14 thru 9-24-14

Or. Admin. R. 581-018-0540 Definitions: English Language Proficiency Standards Professional Learning Grant

The following definitions apply to OAR 581-018-0540 to 581-018-0556:

(1) “English Language Proficiency Standards” means the standards adopted by the State Board of Education to show what a student should know and be able to do at a given grade level. The English Language Proficiency Standards are also referred to as ELP Standards.

(2) “English Learner” or “English Language Learner” means a student who meets the definition of “Limited English Proficient” found in Title IX, Part A, Section 9101.25 of the No Child Left Behind Act of 2001 (NCLB).

(3) “Massive Open Online Course (MOOC)” means an online course aimed at unlimited participation and open access via the Internet.

(4) “Professional Learning” means opportunities that allow educators to collaborate and learn about new standards, methodologies, and strategies for working with students.

(5) “Training of Trainers” means a style of training designed to equip small groups of trainers with the skills, knowledge and strategies to train larger groups of educators in their local school districts.

(6) “ELP Standards Work Group” refers to a group of lead educators established under OAR 581-018-0546 that serve as an advisory body and corps of trainers in the Professional Learning Team Conference.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 108-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 93-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 22-2014, f. & cert. ef. 6-24-14
ODE 14-2014(Temp), f. & cert. ef. 3-4-14 thru 8-18-14
ODE 7-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0543 Establishment: English Language Proficiency Standards Professional Learning Grant

(1) There is established the English Language Proficiency Standards Professional Learning Grant.

(2) The purpose of the English Language Proficiency Standards Professional Learning Grant is to support target school districts with the implementation of the new English Language Proficiency Standards.

(3) The English Language Proficiency Standards Professional Learning Grant will support a training of trainers system that leverages Oregon’s instructional leadership to incorporate the new ELP standards into teaching practice to support English Learners throughout the school day.

(4) ELD and mainstream educators within target school districts will participate in virtual and in-person professional learning opportunities to learn about the new ELP Standards and plan their implementation in classroom instruction.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 94-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 22-2014, f. & cert. ef. 6-24-14
ODE 14-2014(Temp), f. & cert. ef. 3-4-14 thru 8-18-14
ODE 7-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0546 Purpose of Grant: English Language Proficiency Standards Professional Learning Grant

(1) The purpose of the English Language Proficiency Standards Professional Learning Grant is to provide cyclical, reflective professional learning opportunities to Oregon educators to support the implementation of the new English Language Proficiency Standards throughout the state of Oregon by the end of the 2014–2015 school year.

(2) The Oregon Department of Education shall facilitate for target school districts:

(a) Statewide and regional workshops among districts to promote collaborative learning and sharing of best practices.

(b) A Massive Open Online Course to engage educators throughout Oregon in professional learning with the English Language Proficiency Standards.

(3) The Oregon Department of Education shall establish a ELP Standards Work Group and may contract with members of the ELP Standards Work Group to provide professional learning and technical assistance to support implementation of the ELP Standards within the target school districts.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 95-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 22-2014, f. & cert. ef. 6-24-14
ODE 14-2014(Temp), f. & cert. ef. 3-4-14 thru 8-18-14
ODE 7-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0549 Eligibility: English Language Proficiency Standards Professional Learning Grant

(1) The following school districts shall be eligible to receive the English Language Proficiency Standards Professional Learning Grant as target school districts:

(a) School districts with greater than 500 English Learners; or

(b) School districts where English Learners comprise 15% of the total student population in the district.

(2) A public charter school with English Learners within a target district may receive grant funds through the district and may participate in grant activities.

(3) Notwithstanding subsection (1) of this rule, a school district that would receive less than $1,000 under OAR 581-018-0553 is not eligible to receive a grant except as a member of a consortium of target school districts.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 96-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 22-2014, f. & cert. ef. 6-24-14
ODE 14-2014(Temp), f. & cert. ef. 3-4-14 thru 8-18-14
ODE 7-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0552 Grant Uses and Requirements: English Language Proficiency Standards Professional Learning Grant

(1) The Oregon Department of Education shall distribute grant funds to eligible districts that agree to do the following:

(a) Commit a team of 4 members to participate in five Professional Learning Team (PLT) Conferences. Two PLT Conferences will be held in the 2013-2014 school year, followed by three PLT Conferences in the 2014–2015 school year. The district’s ELP Standards Professional Learning Team will consist of:

(A) A district level curriculum and instruction leader;

(B) A Title III director;

(D) A mainstream teacher.

(b) The district’s ELP Standards Professional Learning Team will serve as a corps of trainers to lead professional learning within the district for ELD teachers, mainstream teachers, administrators, and staff.

(c) Professional Learning Teams must agree to participate in the Massive Open Online Course to be held at the beginning of the 2014–2015 school year.

(d) The Professional Learning Team must agree to create a model unit aligned to the new ELP Standards. This model unit will contain the following criteria, which will be posted to the network portal to be shared with colleagues throughout Oregon:

(A) Scope and sequence;

(B) Formative assessments;

(D) Three sample lesson plans.

(e) The district’s Superintendent must commit to attending at least one event identified by the Department of Education to develop an understanding of the ELP Standards.

(f) Participating target districts must also commit to serving as an observation site for neighboring districts. Peer to peer observation visits will be a critical component of sharing best practices aligned to the new ELP Standards.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 97-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 22-2014, f. & cert. ef. 6-24-14
ODE 14-2014(Temp), f. & cert. ef. 3-4-14 thru 8-18-14
ODE 7-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0553 Funding: English Language Proficiency Standards Professional Learning Grant

(1) The Department shall allocate funds to target school districts or consortia of target school districts to establish and support Professional Learning Teams to lead workshops for educators to implement the English Language Proficiency Standards.

(2) Provided that the district has met the requirements described in OAR 581-018-0552, the Department shall award districts that participate in the Professional Learning Team Conferences a non-competitive grant based on their total number of English Learners by district.

(3) The Department shall determine the amount of each grant as follows: Each target district grant about equals the district’s number of English Language Learners multiplied by (the total amount available for distribution for the grants to districts divided by the total English Language Learners of all target school districts).

(4) Funds received by a school district under this section must be separately accounted for and may be used only to provide funding for the purposes described in the application of the grant recipient.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 98-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 22-2014, f. & cert. ef. 6-24-14
ODE 14-2014(Temp), f. & cert. ef. 3-4-14 thru 8-18-14
ODE 7-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0556 Reporting: English Language Proficiency Standards Professional Learning Grant

The Oregon Department of Education will provide a template for an interim and final grant report. Grantees are required to submit a final report prior to receiving their final request for funds.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 99-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 22-2014, f. & cert. ef. 6-24-14
ODE 14-2014(Temp), f. & cert. ef. 3-4-14 thru 8-18-14
ODE 7-2014(Temp), f. & cert. ef. 2-19-14 thru 8-18-14

Or. Admin. R. 581-018-0575 Definitions

The following definitions apply to OAR 581-018-0575 to 581-018-0590:

(1) “Early Learning workforce” means those individuals employed in the provision of services to children who are zero through six years of age.

(2) “Oregon Equity Lens” means the Oregon Equity Lens defined in OAR 581-018-0010.

(3) “Non-profit organization” means:

(a) An organization established as a nonprofit organization under the laws of Oregon; and

(b) Qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code as defined in ORS 314.011.

(4) “Postsecondary Institution” means a:

(a) A community college operated under ORS Chapter 341.

(b) The following public universities within the Oregon University System:

(A) University of Oregon.

(B) Oregon State University.

(D) Oregon Institute of Technology.

(E) Western Oregon University.

(F) Southern Oregon University.

(G) Eastern Oregon University.

(d) An Oregon-based, generally accredited, not-for-profit institution of higher education.

(5) “Underserved student” means a student (English language learner, student of color, an economically disadvantaged student or a student with disabilities) who has not historically considered enrolling in a post-secondary education program.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 100-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 32-2014, f. & cert. ef. 6-24-14
ODE 17-2014(Temp), f. & cert. ef. 3-28-14 thru 9-24-14

Or. Admin. R. 581-018-0578 Establishment: Early Learning Professional Development Grant Program

(1) There is established the Early Learning Professional Development Grant Program to implement ORS 342.950(3)(i).

(2) The Early Learning Professional Development Grant Program has the following purposes:

(a) To expand and scale up partnerships involving community colleges and undergraduate educator preparation programs at post-secondary institutions that are dedicated to creation of early childhood stackable and portable certificates, credentials, and degree programs that prepare more non-traditional dual language educators and that support more seamless transition from Associate of Arts (AA) to Bachelor of Arts (BA) completion.

(b) To scale up AA/BA degree programs that can flexibly meet the needs of the existing early childhood workforce and provide a comprehensive array of supports to individuals completing degrees in Early Childhood Education.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 101-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 32-2014, f. & cert. ef. 6-24-14
ODE 17-2014(Temp), f. & cert. ef. 3-28-14 thru 9-24-14

Or. Admin. R. 581-018-0581 Eligibility: Early Learning Professional Development Grant Program

(1) The following types of organizations may apply for funding:

(a) Post-secondary institutions;

(b) Non-profit organizations; and

(2) A single grant proposal may include more than one eligible applicant, but the lead applicant must be one of the eligible applicants identified in subsection (1) of this rule.

(3) Each grant proposal must contain at least one post-secondary institution as a partner in the proposal.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 102-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 32-2014, f. & cert. ef. 6-24-14
ODE 17-2014(Temp), f. & cert. ef. 3-28-14 thru 9-24-14

Or. Admin. R. 581-018-0584 Criteria: Early Learning Professional Development Grant Program

(1) Applicants for grant funds must demonstrate a commitment and readiness to design or revise programming that address the following features:

(a) Transferability across post-secondary institutions;

(b) Provide direct support for students; and

(2) Priority for funding shall be given to applicants that have met the grant requirements along with the following considerations regarding communities to be served by the grant:

(a) Communities that have a high percentage of culturally or linguistically diverse young children;

(b) Communities that have a high percentage of culturally or linguistically diverse candidates in the local early childhood workforce;

(c) Location of the community to support geographic diversity among the recipients of grant program funds across the state.

(3) Consideration shall also be given to whether the grant application identifies how the funds will be used to improve education outcomes set forth in ORS 351.009.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 103-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 32-2014, f. & cert. ef. 6-24-14
ODE 17-2014(Temp), f. & cert. ef. 3-28-14 thru 9-24-14

Or. Admin. R. 581-018-0587 Funding: Early Learning Professional Development Grant Program

(1) The Department of Education shall determine for each fiscal year the portion of the funds available for the Early Learning Professional Development.

(2) Funds received under this section must be separately accounted for and may be used only to provide funding for the purposes described in the application of the grant recipient.

(3) The Department shall determine the amount of the grant based on the merits of the designed programs and alignment of the criteria.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 104-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 32-2014, f. & cert. ef. 6-24-14
ODE 17-2014(Temp), f. & cert. ef. 3-28-14 thru 9-24-14

Or. Admin. R. 581-018-0590 Reporting

Recipients of the Early Learning Professional Development grant funds must report on the grant to the Department of Education. The report must include:

(1) Evidence toward meeting defined outcomes as articulated in the grant; and

(2) Description of outputs and activities related to creation of Early Learning Professional Development program.

(3) Data related to the impact of the project on students, teachers and community partners. These data may include but are not limited to the following:

(a) Number of students enrolled in the program(s).

(b) Interviews or surveys conducted by Department staff or evaluators.

History

Statutory/Other Authority: ORS 342.950
Statutes/Other Implemented: ORS 342.950
ODE 140-2019, amend filed 09/23/2019, effective 09/23/2019
ODE 105-2019, minor correction filed 08/26/2019, effective 08/26/2019
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 32-2014, f. & cert. ef. 6-24-14
ODE 17-2014(Temp), f. & cert. ef. 3-28-14 thru 9-24-14

Division 20 SCHOOL IMPROVEMENT AND PROFESSIONAL DEVELOPMENT

Or. Admin. R. 581-020-0005 Pertaining to School Improvement and Professional Development

A school Improvement and Professional Development Program has been established to encourage the following:

(1) The development of educational goals for individual schools and school districts;

(2) The assessment of the educational progress of school programs and students;

(3) The expansion of professional growth and career opportunities for Oregon teachers; and

(4) The restructuring of the school workplace to provide teachers with responsibilities and authority commensurate with their status as professionals.

History

Statutory/Other Authority: ORS 896
Statutes/Other Implemented: ORS 329.695
EB 8-1988, f. & cert. ef. 1-15-88

Or. Admin. R. 581-020-0010 Definitions: School Improvement and Professional Development Grant

The following definitions apply to Oregon Administrative Rules 581-020-0005 through 581-020-0050 unless the context requires otherwise:

(1) “Administrator” includes all persons whose duties require administrative certificates.

(2) “Educational goals” means a set of goals for educational performance, as formulated by site committees and local communities, and adopted by district school boards, according to provisions of ORS 336.705 through 336.780, to encourage greater accountability between schools and the community, and better to assess the effectiveness of educational programs, including the professional growth and career opportunity programs, described in ORS 336.705–780.

(3) “Index of teacher and learning conditions” means the system for the collection and analysis of relevant educational data by schools, districts, and the state for the purpose of assessing the educational effectiveness of schools and programs.

(4) “School Improvement and Professional Development Program” means a formal plan submitted by a school district and approved by the Department of Education according to criteria specified in ORS 336.705–780.

(5) “School district” means a school district, an education service district, a state-operated school, or any legally constituted combination of such entities that submits an application under ORS 336.720.

(6) “Building site committee” means a 21st Century Schools Council as described in OAR 581-020-0130.

(7) “Teacher” means all certificated employes in the public schools or employed by an education service district who have direct responsibility for instruction, coordination of educational programs or supervision of teachers, and who are compensated for their services from public funds. “Teacher” does not include a school nurse as defined in ORS 342.455 or a person whose duties require an administrative certificate.

History

Statutory/Other Authority: ORS 336.705 - 336.780
Statutes/Other Implemented: ORS 329.575 & 329.704
ODE 125-2019, minor correction filed 09/10/2019, effective 09/10/2019
ODE 9-1998, f. & cert. ef. 6-23-98
EB 9-1990, f. & cert. ef. 1-30-90
EB 8-1988, f. & cert. ef. 1-15-88

Or. Admin. R. 581-020-0015 Eligibility: School Improvement and Professional Development Grant

A school district, an education service district, a state-operated school, or a combination of such entities may submit an application to the Department of Education to receive a School Improvement and Professional Development grant.

History

Statutory/Other Authority: ORS 336 & 896
Statutes/Other Implemented: ORS 329.695
ODE 126-2019, minor correction filed 09/10/2019, effective 09/10/2019
EB 9-1990, f. & cert. ef. 1-30-90
EB 8-1988, f. & cert. ef. 1-15-88

Or. Admin. R. 581-020-0020 Grant Application: School Improvement and Professional Development Grant

(1) Except for state-operated schools, the school district in its application shall certify that its proposal has been approved by the school board and is consistent with existing district policies, rules, and contracts bargained under ORS 243.650 to 243.782.

(2) The administration of grant programs under this rule shall be consistent with existing district policies, rules, and contracts bargained under ORS 243.650 to 243.782.

(3) The deadline for applications submitted by districts under ORS 336.705–336.780 shall be April 1 preceding the school year for which they are proposed. The Department of Education shall review all applications and shall approve or reject them no later than June 1 of the school year for which they are proposed.

(4) Distribution of grants-in-aid money through the School Improvement and Professional Development Program shall begin in the 1988–89 school year. Districts that qualify for grants under ORS 336.705–780 shall receive $1,000 per year per each full-time equivalent teacher deemed eligible for this program.

(5) Subject to ORS 291.232 to 291.260, the State Superintendent of Public Instruction shall distribute grants-in-aid to eligible school districts so that at least three-quarters of the allocation due to each eligible district is received no later than February 1 of each fiscal year and the remainder when all required reports are filed with the Department of Education. If underpayments or overpayments result, adjustments shall be made in the following year.

(6) Grants under this program shall be effective for one or two years (fiscal year, July 1–June 30) and are renewable. Grants may be renewed subject to the evaluation, reapplication, approval by the Oregon Department of Education, and the legislative appropriation of funds.

(7) Nothing in this section is intended to make grants under this rule subject to collective bargaining.

History

Statutory/Other Authority: ORS 336 & 896
Statutes/Other Implemented: ORS 329.709
ODE 127-2019, minor correction filed 09/10/2019, effective 09/10/2019
EB 9-1990, f. & cert. ef. 1-30-90
EB 8-1988, f. & cert. ef. 1-15-88

Or. Admin. R. 581-020-0025 Professional Growth, Career Opportunities, and Instructional Improvement

To be eligible for funding a district application shall define and provide a process by which eligible teachers are selected by a building site committee to receive additional professional growth and career opportunities which may include, but are not limited to, service as a mentor teacher, supervision and instruction of student teachers, either in the classroom or as an adjunct faculty member at a school of education, curriculum development, service on a site committee, reimbursement for academic course work, opportunities for research in a teacher’s field or fields, programs to encourage peer observation and assistance programs, additional sabbaticals and other programs designed to encourage professional growth:

(1) All teachers in good standing shall be eligible for advance professional growth and career opportunities, according to criteria established by the building site committees. Those criteria shall include demonstration of the following:

(a) Mastery of teaching skills and subject matter knowledge;

(b) A commitment to personal and professional growth as a teacher;

(d) Active involvement in school and community affairs.

(2) In applying for such opportunities, teachers shall describe how such opportunities will further the goals of the schools in which the teachers are employed.

(3) Administrators may be eligible for additional professional growth and career opportunities according to criteria established by the building site committee, provided that their proposals are directly linked to enhancing their role as instructional leaders within their schools.

(4) Mini-grants for professional growth and career opportunities may be given for a period of time not to exceed one year.

(5) In exchange for assuming additional responsibilities a teacher approved for a professional growth and career opportunity shall be given the choice of receiving additional release time or additional compensation or a combination of both. However, release time shall not be used if to do so increases the work load of other teachers regularly employed by the school district.

History

Statutory/Other Authority: ORS 336 & 896
Statutes/Other Implemented: ORS 329.695
EB 9-1990, f. & cert. ef. 1-30-90
EB 8-1988, f. & cert. ef. 1-15-88

Or. Admin. R. 581-020-0030 Application: School Improvement and Professional Development Grant

To be eligible for funding, a district’s application shall include the following:

(1) A description of a process to formulate and adopt district and individual school building educational goals so that such goals reflect input from a wide range of citizens in the community.

(2) A description of how the district will formulate and use indexes of teaching and learning conditions to measure progress according to those goals. The indexes of teaching and learning conditions may include, but are not limited to, such indicators as:

(a) Class size and teaching loads;

(b) A profile of the teaching and administrative personnel, including such characteristics as years of experience, rate of turnover and absenteeism;

(d) The socioeconomic status of the community;

(e) The ability and willingness of a school district to provide financial support for the schools;

(f) Measures of student progress as measured on school district or state assessments, or both;

(g) Attendance and drop out rates;

(h) Student conduct and disciplinary actions;

(i) Measure of student success in vocational, college, and other postsecondary programs; and

(j) Student expectations and attitudes toward learning.

(3) A description of how the proposed program will address the identified needs for professional growth and career opportunities of teachers in the district.

(4) Certification by the school district that none of the moneys received through ORS 336.705–336.780 shall be used to replace expenditures for existing programs for professional growth and career opportunities.

(5) A description of how the district will evaluate the effectiveness of its School Improvement and Professional Development grant, using educational goals and an index of teaching and learning conditions.

History

Statutory/Other Authority: ORS 336 & 896
Statutes/Other Implemented: ORS 329.709
ODE 128-2019, minor correction filed 09/10/2019, effective 09/10/2019
EB 9-1990, f. & cert. ef. 1-30-90
EB 8-1988, f. & cert. ef. 1-15-88

Or. Admin. R. 581-020-0050 Evaluation: School Improvement and Professional Development Grant

(1) A teacher or administrator who receives a grant under this program shall submit a written evaluation report to the building site committee. The building site committee may require additional evaluative information.

(2) The building site committee who receives a mini-grant under this program shall submit a written evaluation report to the local district superintendent to be included in an evaluation report to the Oregon Department of Education.

History

Statutory/Other Authority: ORS 336 & 896
Statutes/Other Implemented: ORS 329.735
ODE 129-2019, minor correction filed 09/10/2019, effective 09/10/2019
EB 9-1990, f. & cert. ef. 1-30-90
EB 8-1988, f. & cert. ef. 1-15-88

Or. Admin. R. 581-020-0055 Professional Development Centers

(1) To administer ORS 336.705 to 336.780, the Department of Education shall dedicate a portion of its funds, not to exceed ten percent of the total appropriate for purposes of ORS 336.705 to 336.780 to provide for the establishment of professional development centers to:

(a) Assist school districts, teachers, site committee members, and other to formulate school improvement and professional development goals;

(b) Assist school districts, teachers, site committee members, and other to formulate and use indices of teaching and learning conditions;

(d) Carry out other purposes of ORS 336.705–336.780.

(2) Contracts under this program shall be effective for one year and are renewable. Contracts may be renewed subject to the evaluation, reapplication, and approval by the Oregon Department of Education, and the legislative appropriation of funds.

(3) No contract monies shall be used to purchase capital items.

(4) No contract monies shall be used to replace expenditures for school improvement and professional growth opportunities.

History

Statutory/Other Authority: ORS 336
Statutes/Other Implemented: ORS 329.695
EB 4-1990, f. & cert. ef. 1-26-90

Or. Admin. R. 581-020-0100 Pertaining to 21st Century Schools

The 21st Century Schools Program has been established to encourage:

(1) The restructuring of school operations and formal relationships among teachers, administrators, and local citizens, including but not limited to modifications of the following:

(a) The length and structure of the school day and the school year;

(b) Curriculum requirements;

(d) The certification, assignment, and formal responsibilities of teachers, administrators, and other school personnel;

(e) State statutes and rules and local policies and agreements relating to educational practices, with the exception of those that affect health, safety, or constitutional rights under state or federal law;

(f) The formal and informal relationships between school districts, and other entities including community colleges, four-year colleges and universities, businesses, and other institutions; and

(g) The integration of traditional services to grades kindergarten through 12 with public and privately sponsored social services, such as early childhood education, day care, and assistance for teenage parents and other at-risk youth.

(2) Educators, school districts, and local citizens to establish measurable goals for educational attainment and increased expectations for student performance, including but not limited to improvement in such performance measures as:

(a) Student dropout rates;

(b) District, state, and national standardized tests and other assessments of student learning and educational progress;

(d) Student conduct and disciplinary actions;

(e) Student expectations and attitudes towards learning; and

(f) Student success in college, vocational, and other postsecondary programs.

History

Statutory/Other Authority: ORS 840
Statutes/Other Implemented: ORS 329.555
EB 5-1990, f. & cert. ef. 1-26-90

Or. Admin. R. 581-020-0105 Definitions: 21st Century Schools Program

The following definitions apply to Oregon Administrative Rules 581-020-0100 through 0135 unless the context requires otherwise:

(1) “Administrator” includes all persons whose duties require administrative certificates.

(2) “Building site committee” means a 21st Century Schools Council as described in OAR 581-020-0130.

(3) “Department” means the Department of Education.

(4) “District planning committee” means a body composed of teachers, administrators, school board members, and public members, constituted under OAR 581-020-0125, for the purpose of sponsoring programs submitted and approved under the 21st Century Schools Program.

(5) “School district” means a school district, an education service district, a state-operated school, or any legally constituted combination of such entities that sponsors an eligible program and submits an application under OAR 581-020-0125.

(6) “State Board” means the State Board of Education.

(7) “Teacher” means all certificated employees of a school district who have direct responsibility for instruction, coordination of educational programs, or supervision of teachers and who are compensated for their services from public funds. “Teacher” does not include a school nurse, as defined in ORS 342.455, or a person whose duties require an administrative certificate.

History

Statutory/Other Authority: ORS 840
Statutes/Other Implemented: ORS 329.575 & 329.704
ODE 130-2019, minor correction filed 09/10/2019, effective 09/10/2019
ODE 9-1998, f. & cert. ef. 6-23-98
EB 5-1990, f. & cert. ef. 1-26-90

Or. Admin. R. 581-020-0110 Eligibility: 21st Century Schools Program

(1) Any district school board is eligible to submit an application for the 21st Century Schools Program.

(2) Applications may be made on behalf of the following:

(a) An individual school building;

(b) Two or more school buildings within a district;

(d) A consortium consisting of two or more school districts.

History

Statutory/Other Authority: ORS 840
Statutes/Other Implemented: ORS 329.565
ODE 131-2019, minor correction filed 09/10/2019, effective 09/10/2019
EB 5-1990, f. & cert. ef. 1-26-90

Or. Admin. R. 581-020-0115 Application: 21st Century Schools Program

(1) All applications for the 21st Century Schools Program shall be submitted to the Department of Education, and shall contain the following:

(a) A letter of support from the school board, and the exclusive representative of teachers in the buildings affected if waiver of a collective bargaining obligation over mandatory subjects of collective bargaining, a right or obligation under a collective bargaining contract or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613 or 342.650 is required;

(b) An abstract of the nature and objectives of the project and a description of the changes projected to occur in the school or district, or any combination thereof, as a result of the proposal;

(c) A description of the goals and major activities to be carried out as part of the project, including but not limited to the nature and extent of the restructuring of school operations and formal relationships as described in OAR 581-020-0100. The application shall also describe the process used to identify the goals and major activities of the project;

(d) A list of the major student learning and educational outcomes that are projected to occur as a result of the project, including but not limited to:

(A) The length and structure of the school day and the school year;

(B) Curriculum requirements;

(D) The certification, assignment, and formal responsibilities of teachers, administrators, and other school personnel;

(E) State statutes and rules and local policies and agreements relating to educational practices, with the exception of those that affect health, safety, or constitutional rights under state or federal law;

(F) The formal and informal relationships between the school district; and other entities including community colleges, four-year colleges and universities, businesses, and other institutions;

(G) The integration of traditional services to grades kindergarten through 12 with public and privately sponsored social services, such as early childhood education, day care, and assistance for teenage parents and other at-risk youth;

(H) Student dropout rates;

(I) District, state, and national standardized tests and other assessments of student learning and educational progress;

(J) The extent and nature of parental involvement in school activities;

(K) Student conduct and disciplinary actions;

(L) Student expectations and attitudes towards learning; and

(M) Student success in college, vocational, and other postsecondary programs.

(e) A description of all statutes and rules to be modified or waived to complete the activities of the project. For each provision, the application shall include a statement describing why the modification or waiver is warranted;

(f) A description of all district rules and agreements that are to be modified or waived. All such provisions shall be approved by a majority vote of each building site committee, the affirmative vote of at least two-thirds of the certificated teachers in the affected school buildings and the approval of the local district school board, and the exclusive representative of the teachers if waiver of a collective bargaining obligation over mandatory subjects of collective bargaining, a right or obligation under a collective bargaining contract or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613, 342.650;

(g) A budget plan for the project and additional anticipated sources of funding, if any, including private grants and contributions;

(h) A description of the process by which data will be collected and assessed to measure student learning and other educational performance attributable to the project;

(i) Letters expressing support and a willingness to participate from community colleges and other postsecondary institutions, where appropriate;

(j) The number of school years for which approval is sought. The period shall be no less than three years and no more than five years; and

(k) A description of how the district intends to share and disseminate to other school districts those practices that prove effective.

(2) Applications shall contain all the components of section (1) of this rule to be eligible for approval.

(3) The application may also contain written statements of support from parents, citizens, local businesses, and other interested individuals and organizations.

(4) A district shall submit its application to the Department of Education.

(5) Within 60 days districts submitting applications and the public will be given an opportunity to comment on the applications.

(6) No later than 90 days after receipt of an application by the Department of Education, the State Board of Education shall approve or deny any application submitted under this Act.

(7) Along with its annual report, a district may submit proposed amendments to its approved program describing additional statutes, rules, or local policies and agreements that it proposes to waive. Such amendments must be accompanied by a statement of support from the local school board, the exclusive representative of teachers if waiver of a collective bargaining obligation over mandatory subjects of collective bargaining, a right or obligation over mandatory subjects of collective bargaining, a right or obligation under a collective bargaining contract or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613 or 342.650 is required, and each building site committee involved in the project. The advisory committee may recommend approval of such amendments upon a finding of satisfactory progress by the district and a determination that all other provisions of this Act have been met.

(8) A district may terminate its application by submitting to the board a request for termination that has been approved by the school board, the exclusive representative of teachers if waiver of a collective bargaining obligation over mandatory subjects of collective bargaining, a right or obligation under a collective bargaining contract or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613, or 342.650 is required, and the building site committees.

(9) Applications under this program shall be effective for the period of time identified in the application and are renewable. Applications may be renewed subject to reapplication, evaluation, and the approval by the Board of Education.

History

Statutory/Other Authority: ORS 840 & OL 1989
Statutes/Other Implemented: ORS 329.575 & 329.704
ODE 132-2019, minor correction filed 09/10/2019, effective 09/10/2019
ODE 9-1998, f. & cert. ef. 6-23-98
EB 24-1993, f. & cert. ef. 7-30-93
EB 13-1993(Temp), f. 3-25-93, cert. ef. 3-26-93
EB 5-1990, f. & cert. ef. 1-26-90

Or. Admin. R. 581-020-0120 State Advisory Committee

(1) The School Improvement and Professional Development Advisory Committee, appointed by the State Board of Education under ORS 336.730, shall propose rules, for adoption by the State Board, to govern the submission and approval of applications for the 21st Century Schools Program.

(2) The advisory committee shall review all applications submitted under this Act and recommend applications for approval by the State Board including but not limited to the following criteria:

(a) The existence of significant, measurable, and achievable goals based on student performance;

(b) The extent to which the district has demonstrated the need for the requested modifications and waiver of specified statutes and rules and local policies and agreements;

(c) The extent to which the application proposes significant changes in the structure of school operations and the formal relationships among teachers, administrators, and public citizens, as described in OAR 581-020-0100;

(d) The clarity of purpose and values underlying the proposal;

(e) Evidence of thoroughness in identifying, developing, and projecting implementation of the proposed activities;

(f) Evidence of potential transferability of the proposed activities and practices that are judged to be successful;

(g) A determination that modification or waiver of statutes and rules and local policies and agreements will not be detrimental to the health, safety, or constitutional rights of students, teachers, administrators, or the public under state or federal law; and

(h) A demonstration of support and commitment from all parties to support and faithfully implement the proposal.

(3) The advisory committee may suggest modifications in submitted applications, subject to the approval of the school board, the exclusive representative of teachers and each building site committee involved in the project.

(4) The State Board shall consider the recommendations of the advisory committee and make the final decisions on approval of the applications, using the criteria contained in section (2) of this rule. Before making these decisions, the State Board shall allow opportunity for comment by persons submitting the applications and by the public.

History

Statutory/Other Authority: ORS 840
Statutes/Other Implemented: ORS 329.700
EB 5-1990, f. & cert. ef. 1-26-90

Or. Admin. R. 581-020-0125 District Planning Committee

(1) If more than one school building is part of an application, the building site committees may elect to establish a district planning committee to facilitate the development of its application. A district planning committee constituted under this Act shall consist of:

(a) Administrators and at least one school board member to be chosen by the school board;

(b) Teachers, chosen by the exclusive representative, in a number equal to those appointed under subsection (1)(a) of this rule; and

(2) To participate in the 21st Century Schools Program, and prior to submission of an application by the school board, a school district shall have accomplished the following:

(a) Identified the school building or buildings and, if appropriate, the school district or districts on whose behalf the application is submitted;

(b) Established, in each school building affected by the proposal, a building site committee;

(c) Agreed, at the direction of the building site committees and, if applicable, the district planning committee, upon the following:

(A) The major activities to be carried out as part of the project, including but not limited to the nature and extent of the restructuring of school operations and formal relationships;

(B) The specified measure of student learning and educational outcomes for each building affected by the application; and

(C) The process by which each building site committee and, where applicable, the district planning committee will collect data and assess the progress and final performance of its program.

(3) The local district school board shall be responsible for submitting the application and certifying that all appropriate requirements have been met.

History

Statutory/Other Authority: ORS 840
Statutes/Other Implemented: ORS 329.705
EB 5-1990, f. & cert. ef. 1-26-90

Or. Admin. R. 581-020-0130 21st Century Schools Council

(1) Each school site shall establish a 21st Century Schools Council (site council). The duties of the site council shall include, but not be limited to:

(a) The development of plans to improve the professional growth of the school’s staff;

(b) The improvement of the school’s instructional program;

(c) The development and coordination of plans for the implementation of programs under Oregon’s Education Act for the 21st Century at the school; and

(d) The administration of grants-in-aid for the professional development of teachers and classified district employees.

(2) Members of the site council shall include licensed and classified staff from the building, parents of students attending the school, the building administrator or the administrator’s designee, and any other members as determined to be appropriate by the site council, including but not limited to community members, students and business leaders. Site council composition shall be as follows:

(a) Neither parents nor teachers shall make up a majority of the site council;

(b) At least one member shall be a classified employee of the district;

(3) Members shall be selected for the site council as follows:

(a) Licensed staff shall elect their representatives to the site council;

(b) Classified staff shall elect their representative(s) to the site council;

(d) Other representatives shall be selected by the council.

(4) If a school council cannot meet the requirements for composition as described in this rule or determines that the needs of the school require a different composition, the district school board may establish the school site council in a manner that best meets the needs of the district.

(5) All site council meetings shall be subject to the open meeting law pursuant to ORS 192.610 to 192.690.

(6) Nothing in this rule shall interfere with the duties, responsibilities and rights of duly elected district school boards.

History

Statutory/Other Authority: ORS 840
Statutes/Other Implemented: ORS 329.575 & 329.704
ODE 9-1998, f. & cert. ef. 6-23-98
EB 5-1990, f. & cert. ef. 1-26-90

Or. Admin. R. 581-020-0135 Evaluation and Annual Reports

(1) Each district that receives approval for a project under the 21st Century Schools Program shall submit an annual report to the advisory committee appointed under ORS 336.730 and to the local community. The report shall include specific data that reflect the nature and extent of changes in student learning and other performance as described in its application.

(2) If, based upon theses annual reports, the advisory committee determines that a district’s progress is unsatisfactory, the advisory committee may recommend to the State Board that the district be placed on probation for a one-year period. During the probationary year, the district shall be eligible for special assistance from the Department of Education. During the probationary year, the district shall also prepare a contingency plan in the event it is ordered to terminate its project prematurely.

(3) If, after the probationary period described in section (2) of this rule, the district’s progress is still unsatisfactory in the judgment of the advisory committee, the advisory committee may recommend that the State Board terminate the project and implement its plan for returning to compliance with previously waived statutes, rules, and local policies and agreements.

History

Statutory/Other Authority: ORS 840
Statutes/Other Implemented: ORS 329.600
EB 5-1990, f. & cert. ef. 1-26-90

Or. Admin. R. 581-020-0200 School Facility Improvement Grants

(1) Any school district, which for purposes of this rule includes a common or union high school district, an education service district or any combination thereof, may apply for a School Facility Improvement Grant to construct or maintain public school facilities. No school district may submit more than one application on behalf of the individual school district and one application in conjunction with other school districts.

(2) Grant applications shall be submitted to the State Superintendent of Public Instruction by May 31. The application shall state:

(a) The specific purpose of the grant which may include, for new or existing facilities:

(A) Land acquisition;

(B) Planning and design;

(D) Remodeling;

(E) Reduction of energy consumption;

(F) Alternation;

(G) Furnishing and equipping;

(H) Repair;

(I) Replacement; and

(J) Other capital maintenance, but shall not include cleaning.

(b) The need for the construction or maintenance, including documentation of applicable factors such as:

(A) Age of the facility for which maintenance or construction is proposed;

(B) The degree of overcrowding;

(D) Deterioration of existing facilities which has the potential of affecting the health and safety of students;

(E) Damage or destruction of existing facilities due to natural disaster;

(F) Compliance with the Americans with Disabilities Act; and

(G) How the construction or maintenance will facilitate implementation of the educational goals of House Bill 3565 enacted by the 1991 Legislative Assembly.

(c) The amount requested and how the grant monies, if awarded, shall be matched with local funds. Grants shall be matched by at least one local dollar from the grant applicant for every four state dollars;

(d) The time period when the grant funds will be needed, including a statement of any detrimental effect that may be caused by delay; or in the alternative, a statement that the time period is flexible.

(3) Grants shall not exceed $500,000 in any biennium to any school district.

(4) In addition, a combination of districts may submit a joint grant application in an amount not to exceed $500,000.

(5) A district or combination thereof may apply in subsequent bienniums for additional grants for the same facility.

(6) Grants will be screened on the following criteria:

(a) Age of the school facilities;

(b) Degree of overcrowding;

(d) Reduction of energy consumption; and

(e) The need for additional, new, replacement, or updated facilities in order to:

(A) Comply with the American with Disabilities Act; or

(B) Accomplish educational goals for the district and state, specifically the goals set forth in HB 3565.

(7) In the event that meritorious grant applications exceed the amount of grant funds available, the Superintendent of Public Instruction shall place all of the applications, which contain the information required under section (2) of this rule and which are judged meritorious by the criteria set forth in section (6) of this rule, in a pool from which applications will be selected on a random basis. Applications shall be ranked in order of their selection and grants shall be awarded in numerical order up to a total of $5 million.

(8) The Superintendent of Public Instruction shall award School Facility Improvement Grants from funds appropriated to the School Facility Improvement Fund subject to availability of funding. If the amount of funding is less than $5 million, grant awards will be reduced on a pro rata basis. Notification of grant awards shall be made within 45 days after the closing date for grant applications.

(9) The decision of the Superintendent shall be final.

History

Statutory/Other Authority: ORS 327.300 - 327.330
Statutes/Other Implemented: ORS 327.300, 327.310, 327.320 & 327.330
Reverted to EB 3-1994, f. & cert. ef. 4-29-94
EB 9-1994(Temp), f. & cert. ef. 6-28-94
EB 3-1994, f. & cert. ef. 4-29-94

Or. Admin. R. 581-020-0250 Physical Education Grants

(1) The following definitions apply to this rule:

(a) “Number of minutes” means the number of minutes of physical education instruction that is actually provided to all students kindergarten through grade 8 each school week.

(b) “Physical capacity” means the space, indoors and out, available at the school to provide the prescribed number of minutes per week at a class size that promotes effective practices consistent with the outcomes expected of the instructional programs.

(2) Beginning with the 2017–2018 school year:

(a) Kindergarten through grade 5 students shall participate in at least 150 minutes of physical education during each school week throughout the school year; and

(b) Students in grades 6–8 shall participate in at least 225 minutes of physical education during each school week.

(3) The Department of Education shall distribute Physical Education K–8 Expansion grants for activities related to meeting the physical education requirements for instruction of all students in kindergarten through grade 8 described in subsection (2) of this rule.

(4) The grants may be used to:

(a) Hire teachers who are licensed to teach in physical education or who are allowed to teach physical education within the scope of the endorsements on their license; and

(b) Provide in-service training to teachers, not specifically endorsed in physical education, on the instruction of physical education, the academic content standards for physical education and the minimum number of minutes requirement using evidence-based programs.

(5) School districts and public charter schools shall identify in the grant application of the district or school the goals of the district or school for increases in the number minutes per week for the entire school year and shall outline how the district or school plans to use the resources provided from the grant to reach the performance goals.

(6) In evaluating the grant applications, the Department shall consider:

(a) The physical capacity readiness of the district or public charter school to implement the goals set by the district or school for increases in physical education instruction;

(b) The amount of teacher support within the school where the grant will be used;

(d) Consistency with the district’s Continuous Improvement Plan; and

(e) Consistency with the district’s Wellness Plan.

(7) Each district or public charter school shall account for the grant amounts it receives, and shall apply these amounts to pay for activities described in the district or school’s grant application.

(8) Each district or public charter school may use the grant funds only for schools that offer kindergarten through grade 8 or a combination of those grades and only for those purposes described in the approved district or school application.

(9) A district or public charter school may apply for a second year continuation grant. In addition to the criteria listed in subsection (6) of this rule, the department in evaluating an application for a second year continuation grant shall consider whether the district or school has shown continued commitment and fidelity to the district’s or school’s application from the prior year.

(10) To receive a grant under this rule, the district or public charter school shall agree to continue to offer, after the time period of the grant, the required number of minutes of physical education instruction described in subsection (2) of this rule at those schools for which the district or school received the grant funds.

(11) The State Superintendent of Public Instruction shall resolve any issues arising from the administration of the School Improvement Fund grants not specifically addressed by this rule and the Superintendent’s determination shall be final.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: Sec. 10, ch. 839 & OL 2007
ODE 29-2007, f. & cert. ef. 12-12-07

Or. Admin. R. 581-020-0500 OVSD Definition

(1) The Oregon Virtual School District shall undertake efforts for a sustainable framework for K–12 virtual learning that enhances student achievement by providing resources with guidelines for delivery. Resources may include, but are not limited to, digital instructional content, complete courses, materials for teacher implementation, online communication systems for instruction and teacher professional development and training.

(2) The OVSD Framework is based on the legislative direction of an equitable opportunity for all students’ access to online resources, without regard to social and economic status. Resources are intended to be available for all School Districts and students for the purpose of enriching student Education. A sustainable framework includes the components of creating standards while developing online instructional resources. OVSD resources are available to support public education providers to implement online instruction to enhance distance learning and supplement classroom instruction. Participation in the OVSD program is voluntary for Oregon Educational Service Districts, School Districts and Schools.

History

Statutory/Other Authority: ORS 319.840 & 326.051
Statutes/Other Implemented: ORS 319.840
ODE 14-2006, f. 10-23-06, cert. ef. 10-24-06

Or. Admin. R. 581-020-0505 Online School Definition

Public school, public instructional program, or ESD, providing learning opportunities for publicly enrolled students via the Internet or other electronic network. Instruction should satisfy Oregon content, teaching standards and accreditation rules. Online programs and schools are governed by their school district guidelines for operations and education delivery.

History

Statutory/Other Authority: ORS 319.840 & 326.051
Statutes/Other Implemented: ORS 319.840
ODE 14-2006, f. 10-23-06, cert. ef. 10-24-06

Or. Admin. R. 581-020-0510 Oregon Teacher

Teaching CORE classes in Oregon requires State licensure as well as teaching in the content area of approval as outlined by NCLB. This applies to all public schools and is defined in OAR 584-005-0005 #74, 584-005-0005 #21 and ORS 342.120 for Charter School instruction. All instructors must be licensed by the Teachers Standards and Practices Commission and highly qualified as defined by TSPC.

History

Statutory/Other Authority: ORS 319.840 & 326.051
Statutes/Other Implemented: ORS 319.840
ODE 14-2006, f. 10-23-06, cert. ef. 10-24-06

Or. Admin. R. 581-020-0515 Oregon Classroom Content

(1) Content should be aligned with Oregon’s Common Curriculum Goals, Content Standards, and Essential Learning Skills. Adoption of content for instruction is governed by school Districts subject to Oregon Revised Statutes and Oregon Administrative Rules.

(2) OVSD will offer content aligned with state standards. The use of OVSD resources requires districts to conform to OAR division 22 Standards for public elementary and secondary schools.

History

Statutory/Other Authority: ORS 319.840 & 326.051
Statutes/Other Implemented: ORS 319.840
ODE 14-2006, f. 10-23-06, cert. ef. 10-24-06

Or. Admin. R. 581-020-0520 Required School District Guidelines for Digital Instruction

Public Providers of online learning using OVSD resources must adopt guidelines in the following areas.

(1) Student/Teacher Ratio. Online learning providers are required to have guidelines in place for reasonable student to instructor ratios that allow for regular, individualized interaction with instructors.

(2) Student Teacher Interaction. Online learning providers are required to have guidelines in place for reasonable student to instructor communication that allow for, individualized interaction with instructors as needed. Communication includes, but is not limited to, electronic mail, online discussion groups, telephone interaction and face to face discussions between teacher and student.

(3) Timeframe for Teacher Response to Student Questions. Online learning providers are required to have guidelines in place for the time and process that teachers will provide prompt response to student inquiries and requests for assistance.

(4) Student Standards. Online learning providers are required to have guidelines in place for student conduct and acceptable use of public school resources in the delivery of online instruction. The administrative implementation is governed by individual school district guidelines.

(5) Type of Courses. Courses offered are governed by individual school district guidelines, including, but not limited to, courses meeting requirements for high school diploma, electives as well as supplementary instruction. An example of supplementary instruction could be Advanced Placement preparation instruction.

(6) Amount of Credit Allowed. The amount of online instruction, and the corresponding credit, provided to a student is under the jurisdiction of the resident school district. Districts must accept transfer grades by accredited institutions.

(7) Student Eligibility for Courses. When applying towards credit the student’s resident school district sets the eligibility requirements for district purchased online teaching services. Individual private purchase of courses by an Oregon resident is at the discretion of the parent or guardian and subject to resident school district guidelines for credit towards graduation. Use of Digital Courses and Content are subject to School District guidelines.

(8) Teacher Professional Development. Online Learning Providers are required to have policies for Teacher professional development. Teachers need to have appropriate training for the delivery of online instruction. Providers receiving public support must maintain Oregon teaching licensure for all teachers consistent with TSPC professional development requirements.

History

Statutory/Other Authority: ORS 319.840 & 326.051
Statutes/Other Implemented: ORS 319.840
ODE 14-2006, f. 10-23-06, cert. ef. 10-24-06

Or. Admin. R. 581-020-0531 Definitions: District Improvement Partnership

The following definitions apply to 581-020-0530 to 581-020-0541:

(1) “Comprehensive Improvement Plan” or “CIP” refers to a school district’s improvement plan created using the Indistar online planning tool.

(2) “District Improvement Partnership ” is a formalized agreement to provide technical, adaptive and financial support to eligible and selected school districts.

(3) “School district” means a common or union high school district.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.800 & 329.105
ODE 133-2019, minor correction filed 09/10/2019, effective 09/10/2019
ODE 20-2016, f. & cert. ef. 3-22-16

Or. Admin. R. 581-020-0534 Eligibility: District Improvement Partnership

To be eligible for selection as District Improvement Partnership district:

(1) The district must have 300 or more students enrolled in the district on a date specified by the Department; and

(2) Demonstrate a history of low performance as defined as “below state average” in the following metrics:

(a) 3rd grade reading achievement for all students as determined by a statewide standardized assessment;

(b) 3rd grade reading achievement for student subgroups as determined by a statewide standardized assessment;

(d) 4th grade through 8th grade reading growth for student subgroups as determined by a statewide standardized assessment;

(e) 4th grade through 8th grade math growth for all students as determined by a statewide standardized assessment;

(f) 4th grade through 8th grade math growth for student subgroups as determined by a statewide standardized assessment;

(g) 9th grade chronic absenteeism; and

(h) 5-year cohort graduation rates.

(3) Data used by the Department to select school districts may be from different school years but must by the best data available as identified by the Department.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.800 & 329.105
ODE 134-2019, minor correction filed 09/10/2019, effective 09/10/2019
ODE 20-2016, f. & cert. ef. 3-22-16

Or. Admin. R. 581-020-0537 Criteria: District Improvement Partnership

(1) The Department of Education shall determine eligible District Improvement Partnership districts by screening for the lowest 5%, or approximately ten districts, using the metrics identified in OAR 581-020-0533.

(2) When selecting districts, the Department shall further consider the district’s willingness to engage with the Department and the following activities:

(a) Participation in a readiness assessment;

(b) A district needs assessment;

(d) CIP revision support (outside of the predetermined ODE monitoring timeline) based on needs assessment findings to clearly articulate (i) priority improvement interventions, (ii) leading indicators and success metrics, and (iii) lagging indicators and success metrics, (iv) improvement timelines and budget with activities scheduled to begin during the winter or spring of 2016. The CIP must be approved by the Department;

(e) The development and institution of an internal (district-run) quarterly routine to monitor improvement initiative attending to leading and lagging success metrics;

(f) Prepare quarterly monitoring reports based on the district routine described in paragraph (d) of this subsection; and

(g) Meet periodically with the Department to review progress.

(3) Based on the considerations described in this rule, the Department shall select and provide financial resources for a number of or all of the eligible and identified District Improvement Partnership districts for the purpose of completing the activities identified in subsection (2) of this rule.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.800 & 329.105
ODE 135-2019, minor correction filed 09/10/2019, effective 09/10/2019
ODE 20-2016, f. & cert. ef. 3-22-16

Or. Admin. R. 581-020-0540 Funding: District Improvement Partnership

(1) The Department of Education shall determine and support District Improvement Partnerships during the 2015-2017 biennium.

(2) The Department shall distribute funding to districts in three stages of activities:

(a) Stage 1: District Needs Assessment;

(b) Stage 2: Approved CIP improvement activity start-up funding;

(3) The Department shall determine funding for each phase as follows:

(a) Stage 1: up to $25,000 per district

(b) Stages 2 and 3: formula grant based on estimated improvement planning and implementation activities (up to $400,000, total, per district per year of the biennium).

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.800 & 329.105
ODE 136-2019, minor correction filed 09/10/2019, effective 09/10/2019
ODE 20-2016, f. & cert. ef. 3-22-16

Or. Admin. R. 581-020-0542 Reporting and Monitoring: District Improvement Partnership

(1) Districts Improvement Partnership districts shall:

(a) Submit results of the district needs assessment to the Department of Education for review;

(b) Submit a revised Comprehensive Improvement Plan, informed by the district needs assessment, that includes leading and lagging indicators for no more than three district priority interventions;

(A) Percentage of students meeting standards for reading;

(B) Percentage of students meeting standards for math;

(D) An updated budget for the district.

(2) Annually, districts will submit updated Comprehensive Improvement Plans aligned to reflect progress and needs of the district for review and approval by the Department.

(3) In the event that participating districts fail to adhere to the aforementioned monitoring or reporting elements or in the event that adequate progress towards meeting goals is not met shall freeze funds available under the program until reports are received and adequate adjustments are made.

History

Statutory/Other Authority: ORS 327.800
Statutes/Other Implemented: ORS 327.800 & 329.105
ODE 137-2019, minor correction filed 09/10/2019, effective 09/10/2019
ODE 20-2016, f. & cert. ef. 3-22-16

Or. Admin. R. 581-020-0600 Definitions

The following definitions apply to OAR 581-020-0600 to 581-020-0624:

(1) Current ELL student” means a student who is enrolled in an English language learner program in Oregon during the school year.

(2) “Education Service District” or “ESD” means education service district as defined in ORS 334.003.

(3) “ELL Target District” means a district selected for technical assistance under OAR 581-020-0609.

(4) “ELL Transformation District” means a district selected for technical assistance and progressive interventions under OAR 581-020-0609.

(5) “English language learner” or “ELL” means a student who has limited English language proficiency because English is not the native language of the student or the student comes from an environment where a language other than English has had a significant impact on the student’s level of English language proficiency.

(6) “Former ELL student” means a student who was previously enrolled in an English language learner program in Oregon.

(7) “Percentage of students in poverty” means the percentage of students in poverty using the number of students in poverty as calculated under OAR 581-023-0102 for purposes of calculation of the State School Fund distribution.

(8) “School district” means a common or union high school district.

(9) “Statewide English Learner Plan” means the plan developed and implemented by the Department pursuant to ORS 336.079.

(10) “Statewide English Language Learner Program Account” means the account established by ORS 327.344.

History

Statutory/Other Authority: ORS 336.079
Statutes/Other Implemented: ORS 336.079
ODE 21-2020, amend filed 05/27/2020, effective 05/27/2020
ODE 9-2020, temporary amend filed 03/20/2020, effective 03/20/2020 through 09/15/2020
ODE 51-2016, f. & cert. ef. 12-20-16
ODE 7-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-020-0601 Statewide English Language Learner Program Account

The Statewide English Language Learner Program Account may be used for the following purposes:

(1) ELL District and School Improvement pursuant to ORS 336.079(5) and OAR 581-020-0600 through 581-020-0624; and

(2) Other grants and investments to implement the Statewide English Learner Plan pursuant to ORS 336.079(3) and OAR 581-020-0626.

History

Statutory/Other Authority: ORS 336.079
Statutes/Other Implemented: ORS 336.079
ODE 21-2020, adopt filed 05/27/2020, effective 05/27/2020
ODE 9-2020, temporary adopt filed 03/20/2020, effective 03/20/2020 through 09/15/2020

Or. Admin. R. 581-020-0603 ELL District and School Improvement: Program

(1) The Department of Education through the ELL District and School Improvement program shall:

(a) Improve ELL student progress indicators including high school graduation rates and English language proficiency.

(b) Identify school districts that are not meeting objectives and the needs of ELL students, taking into account the specific learning challenges and demographics of the students.

(d) Partner with identified ELL transformation and target districts, to ensure that those districts achieve expected growth and benchmarks for student progress indicators, that an identified district is expected to meet within four years of identification and implement instructional practices and program improvements recognized as effective in improving outcomes for ELL students

(e) In consultation with ELL transformation and target districts design and implement an accountability system of progressive interventions for the school districts.

(f) Direct transformation and target school districts on how to expend moneys received under ORS 327.013(1)(c)(A)(ii) (ELL weight) for up to three years, for identified districts that have not met the expected growth and expected benchmarks for student progress indicators, and demonstrated implementation of instructional practices and program improvements recognized as effective in improving outcomes for ELL students.

(2) The Department of Education shall identify school districts that are:

(a) ELL transformation districts that are in need of progressive interventions and technical assistance; and

(b) ELL target districts that are in need of technical assistance.

(3) If a school district is identified as an ELL transformation or target district the district shall remain as such for four years.

History

Statutory/Other Authority: Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
Statutes/Other Implemented: ORS 339.079 & Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
ODE 22-2020, amend filed 05/27/2020, effective 05/27/2020
ODE 51-2016, f. & cert. ef. 12-20-16
ODE 7-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-020-0606 ELL District and School Improvement: District Eligibility and Selection

(1) To be eligible for selection as an ELL transformation or target district, a district must have enrolled 20 or more English Language Learners on a date specified by the Department. School districts with fewer than 20 English Language Learners will be eligible for other regionally based services and supports provided by the Department to implement the Statewide English Learner Plan pursuant to OAR 581-020-0626.

(2) A public charter school is not eligible for selection as an ELL transformation or target district. However, a public charter school may be selected by the Department as a school within an identified ELL transformation or target district for interventions and technical assistance.

History

Statutory/Other Authority: Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
Statutes/Other Implemented: ORS 339.079 & Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
ODE 21-2020, amend filed 05/27/2020, effective 05/27/2020
ODE 9-2020, temporary amend filed 03/20/2020, effective 03/20/2020 through 09/15/2020
ODE 51-2016, f. & cert. ef. 12-20-16
ODE 7-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-020-0609 ELL District and School Improvement: District Selection

(1) The Department shall identify school districts that are not meeting objectives and needs of ELL students, taking into consideration the specific learning challenges and demographics of the students. The Department shall consider whether the district has demonstrated a history of not meeting objectives and needs of ELL students as compared to other districts relating to ELL students.

(2) To identify school districts that are not meeting objectives and needs of ELL students, the Department shall consider the following student progress indicators in identifying the school districts in need of improvement:

(a) The cohort 5 year graduation rate for current and former ELL students;

(b) The academic growth of current and former ELL students in grades 6, 7 and 8 as measured by statewide standardized assessments;

(c) The growth in language acquisition of current ELL students in grades 1 through 8 as measured by the English Language Proficiency Assessment (ELPA);

(d) The growth in language acquisition of current ELL students in grades 10 through 12, combined as measured by the English Language Proficiency Assessment (ELPA); and

(e) Percentage of former ELL students who enroll in a post-secondary institution after graduation from the district.

(3) The Department shall also consider the needs of the district by considering learning challenges and demographic information of students enrolled in the district including but not limited to:

(a) The percentage of current and former ELL students as a percent of all students in the district;

(b) The percentage of all students in poverty as calculated using the district small area income and poverty estimate (SAIPE);

(d) The percentage of current and former ELL students who are mobile;

(e) The percentage of current and former ELL students who are homeless;

(f) The percentage of current and former ELL students who are migrant students;

(g) The percentage of current and former ELL students who are recent arrivers to Oregon; and

(h) The number of unique home languages of current and former ELL students.

(4) After identifying potential districts based on student progress indicators that are not meeting objectives and needs of ELL students, the Department may adjust the list of districts:

(a) To achieve geographic diversity of school districts;

(b) Based on the percentage of current ELL students identified as needing special education;

(d) Based on programs for ELL students within the district which have been shown to either improve high school graduation rates or English language proficiency; and

(e) Based on available funding.

(5) After identifying the districts that are not meeting objectives and needs of ELL students, the Department shall further identify the districts as:

(a) ELL transformation districts; or

(b) ELL target districts.

(6) The Department may use the demonstrated commitment level of a district’s superintendent and board as a factor in determining whether the district is an ELL transformation or ELL target district.

(7) Data used by the Department to identify school districts may be from different school years but must be the best data available as identified by the Department.

History

Statutory/Other Authority: Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
Statutes/Other Implemented: ORS 339.079 & Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
ODE 51-2016, f. & cert. ef. 12-20-16
ODE 7-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-020-0612 ELL District and School Improvement: Transformation Districts

(1) The Department, in consultation with an ELL transformation district, shall:

(a) Select specific schools within the district for interventions and targeted assistance.

(b) Identify the specific interventions and technical assistance to be provided to ELL transformation districts which may include grant funds.

(c) Establish the expected growth and expected benchmarks for student progress indicators, for all English language learners of the district, and measurable district goals for implementing instructional practices and program improvements recognized as effective in improving outcomes for ELL students.

(d) Design and implement an accountability system of progressive interventions for the school district which will be provided for four years after the district has been identified as an ELL transformation district.

(2) ELL Transformation Districts shall engage with the Department in an evaluation of the district’s programs for ELL students. The evaluation must be as described in OAR 581-020-0613.

History

Statutory/Other Authority: Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
Statutes/Other Implemented: ORS 339.079 & Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
ODE 22-2020, amend filed 05/27/2020, effective 05/27/2020
ODE 51-2016, f. & cert. ef. 12-20-16
ODE 7-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-020-0613 Transformation District Technical Assistance

(1) The Department of Education shall provide technical assistance to ELL Transformation Districts. The technical assistance must include an evaluation of the district’s programs for ELL students using an approved and evidence-based needs assessment. The needs assessment will examine the root causes impacting student’s performance and program quality and effectiveness. The evaluation must include, but not be limited to program design, program model, instructional delivery strategies, curriculum, assessment, staff qualifications, staff training on culturally responsive instructional pedagogy and practices, and the level of engagement with ELL families and community.

(2) The technical assistance shall have the following phases which may be repeated as necessary:

(a) Phase 1: Identify and evaluate local district needs.

(b) Phase 2: Identify interventions and assistance.

(d) Phase 4: Implement and monitor.

(e) Phase 5: Review, reflect and adjust.

(3) The technical assistance must be within the following framework:

(a) Include the application of an Equity Lens identified by the Department;

(b) Be in collaboration with the school district;

(d) Be based upon district and state data;

(e) Be individualized based on district needs and areas identified for improvement;

(f) Include culturally responsive evidence-based practices;

(g) Include culturally responsive promising practices;

(h) Consider the ELL students’ specific learning challenges, backgrounds and demographics of the district;

(i) Include an examination of school district expenditures of federal and state funds for ELL students;

(j) Identify district improvement goals including expected growth and expected benchmarks for student progress indicators, and measurable district goals for implementing instructional practices and program improvements recognized as effective in improving outcomes for ELL students.; and

(k) Be consistent with other state and federal laws.

(4) The technical assistance process must include engagement with:

(a) District administrators, teachers, ELL directors and other school district staff;

(b) Improvement and instructional coaches;

(d) Community stakeholders which may include culturally specific community based organizations and federally recognized tribes.

(5) The Department shall ensure that staff contracted to provide technical assistance to districts have the appropriate ELL program knowledge, experience and background to effectively support the implementation of the district’s programs for ELL students including culturally responsive pedagogy and practices.

History

Statutory/Other Authority: Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
Statutes/Other Implemented: ORS 339.079 & Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
ODE 22-2020, amend filed 05/27/2020, effective 05/27/2020
ODE 51-2016, f. & cert. ef. 12-20-16

Or. Admin. R. 581-020-0615 ELL District and School Improvement: Target Districts

(1) ELL Target Districts must perform an evaluation of the district’s programs for ELL students using an approved and evidence-based needs assessment. The needs assessment will examine the root causes impacting student’s performance and program quality and effectiveness. The evaluation must include, but not be limited to, program design, program model, instructional delivery strategies, curriculum, assessment, staff qualifications, staff training on culturally responsive instructional pedagogy and practices, and the level of engagement with ELL families and community.

(2) The Department shall identify the technical assistance to be provided to ELL target districts. The technical assistance shall include but not be limited to assistance with conducting the evaluation of the district’s programs.

(3) If resources are available after providing technical assistance to ELL Transformation District, the Department may provide individualized technical assistance to the ELL Target Districts. The individual technical assistance must be consistent with OAR 581-020-0613.

(4) The Department shall establish the expected growth and expected benchmarks for student progress indicators, for all English language learners of the district, and measurable district goals for implementing instructional practices and program improvements recognized as effective in improving outcomes for ELL students.

(5) If resources are available after providing grant funds to ELL Transformation Districts, the Department may provide grant funds to ELL Target Districts.

History

Statutory/Other Authority: Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
Statutes/Other Implemented: ORS 339.079 & Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
ODE 22-2020, amend filed 05/27/2020, effective 05/27/2020
ODE 51-2016, f. & cert. ef. 12-20-16
ODE 7-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-020-0621 ELL District and School Improvement: District Expenditure of Moneys

(1) The Department shall direct transformation and target school districts on how to expend all moneys received under ORS 327.013(1)(c)(A)(ii) (ELL weight) for up to three years, for identified districts that have not met the expected growth and expected benchmarks for student progress indicators, and demonstrated implementation of the instructional practices and program improvements recognized as effective in improving outcomes for ELL students that were identified for the school district. The overall progress of transformation and target school districts will be evaluated applying an equity lens to examine:

(a) District progress in improving the student outcomes that resulted in their selection as a transformation or target district (as defined in OAR 581-020-0609)

(b) District implementation of program design, program model, instructional delivery strategies, curriculum, assessment, staff qualifications, staff training on culturally responsive instructional pedagogy and practices, and the level of engagement with ELL families and community identified for improvement (as described in OAR 581-020-0613)

(2) If a school district meets or exceeds the expected growth and benchmarks for student progress indicators, and demonstrates implementation of the instructional practices and program improvements recognized as effective in improving outcomes for ELL students then the Department may no longer direct the expenditure to State School Fund moneys under this section for that school district.

(3) The Department shall utilize the following framework to direct the expenditure of moneys under this section. The expenditure direction must be:

(a) Individualized for each district based on state and district data and the district improvement work from the previous four years;

(b) Aligned with evidence-based practices;

(c) Focused on supporting the district in meeting expected growth and benchmarks for student progress indicators and instructional and/or program improvement indicators recognized as improving outcomes for ELL students identified for the school district;

(d) Communicated to the district in writing and communicate to the district the specific direction of expenditures and the rationale for that direction;

(e) Sent to the district prior to March 1 before the fiscal year to which it applies; and

(f) Be reviewed at least annually.

(4) The Department may utilize the district and community engagement process established as part of the technical assistance process to receive feedback on the expenditure direction.

(5) The school district shall communicate to stakeholders about the expenditure direction as follows:

(a) In at least one community forum;

(b) In a letter to parents of ELL students who are enrolled in the district; and

(6) The direction on expenditure of moneys for school districts identified as ELL transformation or target districts in 2016 will first apply to moneys received by those school districts from the ELL weight on or after July 1, 2020.

History

Statutory/Other Authority: Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
Statutes/Other Implemented: ORS 339.079 & Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
ODE 2-2026, temporary amend filed 02/19/2026, effective 02/19/2026 through 08/17/2026
ODE 1-2021, temporary amend filed 01/28/2021, effective 01/28/2021 through 07/25/2021
ODE 22-2020, amend filed 05/27/2020, effective 05/27/2020
ODE 51-2016, f. & cert. ef. 12-20-16

Or. Admin. R. 581-020-0624 ELL District and School Improvement: Best Practices and Promising

(1) The Department shall create an online resource bank for sharing national, state and local best practices and promising practices in serving ELL students and engaging families of ELL students. The best practices and promising practices must be culturally responsive.

(2) The online resource bank shall include resources for best practices and promising practices and should address at a minimum:

(a) The provision of support for students who are in grades 6 to 12 and have been identified as ELL students for six or more years;

(b) The provision of support for students who are former ELL students;

(d) Identification of students who are eligible to be enrolled as ELL students.

(3) The statewide plan to support ELL students shall be included with the online resource bank.

History

Statutory/Other Authority: Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
Statutes/Other Implemented: ORS 339.079 & Sec. 3, ch. 604 & OL 2015 (Enrolled HB 3499)
ODE 51-2016, f. & cert. ef. 12-20-16

Or. Admin. R. 581-020-0626 Statewide English Learner Plan Grants and Investments

(1) The Department of Education may award grants and make other investments to implement the Statewide English Learner Plan.

(2) The Department of Education will establish a process for requesting for the grants and investments each biennium for which funds are available. The Department shall notify stakeholders of the request process and due dates, and make available necessary guidelines and application forms.

History

Statutory/Other Authority: ORS 336.079
Statutes/Other Implemented: ORS 336.079
ODE 21-2020, adopt filed 05/27/2020, effective 05/27/2020
ODE 9-2020, temporary adopt filed 03/20/2020, effective 03/20/2020 through 09/15/2020

Or. Admin. R. 581-020-0631 Definitions: Chronic Absenteeism

The following definitions apply to Oregon Administrative Rules 581-020-0631 through 581-020-0655:

(1) “Chronic absenteeism” means not attending school for 10 percent or more than 10 percent of school days that the student is enrolled in a school year.

(2) “Community-Based Organization” as defined in 581-017-0550(6).

(3) “Community Voice” means that members representing the community served by the program will be involved in co-constructing the project design, implementation, evaluation and/or providing strategic guidance in the final decision-making.

(4) “Culturally responsive” means the implicit recognition and incorporation of the cultural knowledge, experience, and ways of being and knowing of students in teaching, learning and assessment. This includes identifying, valuing, and maintaining high commitment to: students’ cultural assets in instruction and assessment; diverse frames of reference that correspond to multifaceted cultural perspectives/experiences; and behaviors in the classroom that can differ from White-centered cultural views of what qualifies as achievement or success.

(5) “Culturally Specific Organization” means an organization that serves a particular cultural community and is primarily staffed and led by members of that community; these organizations demonstrate: intimate knowledge of lived experience of the community, including but not limited to the impact of structural and individual discrimination based on structural and individual racism or discrimination, gender identity and/or sexual orientation as well as other intersecting oppressions on the community; knowledge of specific disparities, barriers or challenges documented in the community and how that influences the structure of their program or service; commitment to the community’s strength-based and self-driven thriving and resilience; ability to describe and adapt their services to the community’s cultural practices, health and safety beliefs/practices, positive cultural identity/pride, religious beliefs, etc.

(6) “Education partners” includes students, parents, guardians, other family members, local governments, Community-Based Organizations, local businesses, culturally specific organizations, health care organizations and providers, public health agencies, transportation providers, and education based agencies and organizations.

(7) “Education Service District” as defined in ORS 334.013(1).

(8) “Focal student groups” means student groups as defined in 581-014-0001.

(9) “Indian Community-Based Organization” means any organization that (a) is composed primarily of Indian parents, family members, and community members, tribal government education officials, and tribal members, from a specific community; (b) assists in the social, cultural, and educational development of Indians in such community; and (c) meets the unique cultural, language, and academic needs of Indian students.

(10) “Rate of chronic absenteeism” means the percent of students who are chronically absent attending a school district or education institution.

(11) “Root causes of chronic absenteeism” include barriers to attending school, aversions to attending school, misconceptions about attendance and engagement, disengagement from school, and other circumstances or beliefs that cause a student to not attend school regularly.

(a) “Aversion to attending school” means the result of a circumstance that causes a student to avoid attending school, including but not limited to unsafe school conditions, bullying, or harassment or embarrassment resulting from a lack of culturally responsive teaching, a lack of appropriate accommodations for students experiencing disability, or inequitable discipline practices.

(b) “Barrier to attending school” means the result of a circumstance preventing a student from attending school, including but not limited to an illness, poor transportation, the need to work, the need to fulfill a family duty, or the need to fulfill an obligation for purposes related to juvenile justice.

(c) “Disengagement from school” means a circumstance that causes a student to become disconnected from school, including but not limited to a lack of meaningful relationship with any adults who work at the school or finding anything relevant to the student’s life in school curriculum.

(d) “Misconception about attendance and engagement” means a misconception about the impact of missing school on student learning that causes a student to not attend school.

(12) “Partnership” as defined in 581-017-0693 (11).

(13) “Regional Support Participants” means school districts, charter schools, youth correctional education programs, juvenile detention education programs, long term care and treatment educational programs participating in the Regional Support Model.

(14) “Rural district” means a school district located in this state and in a city with a population of fewer than 2,500 people or in an unincorporated area. Rural areas consist of open countryside with population densities less than 500 people per square mile and places with fewer than 2,500 people, as determined by the US Census Bureau.

(15) “Student” means any youth enrolled in PreK through 12th grade; unenrolled youth in the PreK through 12th grade age range who have not yet been awarded a high school diploma; youth enrolled in high school completion or GED preparation programs; and youth enrolled in Adult Transition Services.

(16) “Suburban district” means a school district located in this state and in a city that is a suburb of Bend, Corvallis, Eugene, Medford, Portland, or Salem.

(17) “Town district” means a school district located in this state and in a city with a population of 2,500 or more people.

(18) “Trauma Informed Practice” and “Trauma-Informed Principles and Practices” refers to a strengths-based, person-centered framework that recognizes the physical, psychological, spiritual, and emotional impacts of trauma, and prioritizes creating safe spaces to promote healing. It recognizes and honors the inherent strengths, resilience and funds of knowledge within each person, and works to increase awareness of how these assets can be accessed, within the trusting spaces of human relationships, to promote healing and flourishing.

(19) “Tribal Nation” or “Tribe” as defined in 581-017-0675(10).

(20) “Urban district” means a school district located in Bend, Corvallis, Eugene, Medford, Portland, or Salem.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 55-2022, amend filed 12/19/2022, effective 12/19/2022
ODE 138-2019, minor correction filed 09/10/2019, effective 09/10/2019
ODE 8-2019, adopt filed 02/06/2019, effective 02/06/2019

Or. Admin. R. 581-020-0634 Chronic Absenteeism Reduction Program

The Oregon Department of Education establishes a Chronic Absenteeism Reduction Program to:

(1) Reduce chronic absenteeism through one or several of the following programmatic strategies;

(2) Identify school districts that have a high rate of chronic absenteeism;

(3) Develop and support a Regional Support Model for the purpose of addressing the root causes of chronic absenteeism throughout the state, to include the following;

(a) Inform identified Regional Support entities and school districts of their high rate of chronic absenteeism;

(b) Provide identified lead Regional Support entities and school districts with resources related to best practices to address the root causes of chronic absenteeism and the technical assistance necessary to address the root causes of chronic absenteeism; and

(c) Engage education partners and Indian Community-Based Organizations, and engage in Tribal Consultation with Tribal Nations, when required by Section 8538 of the Every Student Succeeds Act, to facilitate an equitable and inclusive approach to address the root causes of chronic absenteeism.

(4) Provide targeted assistance to school districts that have the highest rates of chronic absenteeism; or

(5) Provide funds and technical assistance through Integrated Community Partnership Grants to address the root causes of chronic absenteeism throughout the state.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 55-2022, amend filed 12/19/2022, effective 12/19/2022
ODE 8-2019, adopt filed 02/06/2019, effective 02/06/2019

Or. Admin. R. 581-020-0637 Identifying School Districts with a High Rate of Chronic Absenteeism

(1) Each biennium, the Oregon Department of Education shall identify school districts with a rate of chronic absenteeism that is 10 percent or more than 10 percent of students attending the school district.

(2) The Oregon Department of Education shall inform school districts identified under this rule of the rate at which chronic absenteeism occurs in the school district.

(3) School districts identified under this rule may elect to be a part of a regional consortium as described in OAR 581-020-0639.

(4) If selected by the Oregon Department of Education under OAR 581-020-0643, a school district identified under this rule may agree to receive targeted assistance under OAR 581-020-0646.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 50-2022, minor correction filed 09/29/2022, effective 09/29/2022
ODE 8-2019, adopt filed 02/06/2019, effective 02/06/2019

Or. Admin. R. 581-020-0640 Regional Support Model

(1) The Oregon Department of Education shall implement a Regional Support Model for the purpose of reducing chronic absenteeism throughout the state.

(2) The Regional Support Model implemented under this rule must provide equitable technical assistance opportunities to all Regional Support Participants located in the geographic area served by the Regional Support entity.

(a) The Oregon Department of Education may determine the Regional Support entity to be led by the Education Service District and composed of all Regional Support Participants within an Education Service District’s geographic area; or

(b) The Oregon Department of Education may determine the Regional Support to be a consortia model, in the geographic area served by the regional consortium, and led by a regional consortium lead.

(3) Each lead Regional Support entity must:

(a) Have a regional governance structure, clearly outlining fiscal and reporting responsibilities of the lead entity and the Regional Support Participants;

(b) Use a regionally-based coordinator or liaison to facilitate communications between the Oregon Department of Education and Regional Support Participants that are within the boundaries of the region;

(c) Disseminate resources developed or curated by the Oregon Department of Education, as well as national research, related to best practices to address the root causes of chronic absenteeism to Regional Support Participants;

(d) Conduct activities to address the root causes of chronic absenteeism;

(e) Develop plans to address the root causes of chronic absenteeism in conjunction with Regional Support Participants, and with timely, meaningful, and ongoing engagement with education partners and Indian Community-Based Organizations; and engage in Tribal Consultation with Tribal Nations, when required by Section 8538 of the Every Student Succeeds Act;

(f) Provide Regional Support Participants with available resources for the purpose of participating in activities conducted under this rule and implementing plans developed under this rule;

(g) Collect data from Regional Support Participants on the effectiveness of activities conducted under this rule and plans developed under this rule; and

(h) Provide data collected under this rule to the Oregon Department of Education.

(4) Plans developed pursuant to subsection (3)(e) of this rule must:

(a) Address the root causes of chronic absenteeism, including any barrier to attending school, aversion to attending school, misconception about attendance and engagement, or disengagement from school;

(b) Account for student populations disproportionately impacted by chronic absenteeism, including focal student groups where data is available;

(d) Be culturally responsive; and

(e) Be trauma informed.

(5) In fulfilling the duties under this section, Regional Support Participants must:

(a) Consider the root causes of chronic absenteeism;

(b) Identify student populations disproportionately impacted by chronic absenteeism, including focal student groups where data is available;

(c) Engage education partners and Indian Community-Based Organizations, and engage in Tribal Consultation with Tribal Nations when required by Section 8538 of the Every Student Succeeds Act, when developing, implementing and evaluating a plan pursuant to subsection (3)(e) of this rule.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 55-2022, amend filed 12/19/2022, effective 12/19/2022
ODE 8-2019, adopt filed 02/06/2019, effective 02/06/2019

Or. Admin. R. 581-020-0643 Selecting School Districts to Receive Targeted Assistance

From among school districts identified under OAR 581-020-0637 as having a high rate of chronic absenteeism, the Oregon Department of Education may select school districts and education districts to receive targeted assistance under OAR 581-020-0646. In selecting school districts under this rule, the department shall consider:

(1) Which urban districts among all urban districts have the highest rates of chronic absenteeism;

(2) Which suburban districts among all suburban districts have the highest rates of chronic absenteeism;

(3) Which town districts among all town districts have the highest rates of chronic absenteeism;

(4) Which rural districts among all rural districts have the highest rates of chronic absenteeism;

(5) Whether a school district has a student population disproportionately affected by chronic absenteeism; and

(6) Whether a school district has a lower than average rate of graduation.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 49-2022, minor correction filed 09/29/2022, effective 09/29/2022
ODE 8-2019, adopt filed 02/06/2019, effective 02/06/2019

Or. Admin. R. 581-020-0646 Targeted Assistance

(1) If selected by the Oregon Department of Education under OAR 581-020-0643, a school district may agree to receive targeted assistance under this rule.

(2) A school district that receives targeted assistance under this rule must file with the Oregon Department of Education a report assessing the school district’s needs related to chronic absenteeism. The report must:

(a) Identify the root causes of chronic absenteeism in the school district;

(b) Identify student populations disproportionately impacted by chronic absenteeism in the school district; and

(3) In consideration of the report, the Oregon Department of Education shall develop a plan to reduce chronic absenteeism in the school district in conjunction with the school district and education partners and Indian Community-Based Organizations. The plan must propose solutions to chronic absenteeism that:

(a) Target the root causes of chronic absenteeism, including any barrier to attending school, aversion to attending school, misconception about attendance and engagement, or disengagement from school;

(b) Account for student populations disproportionately imapcted by chronic absenteeism;

(d) Are culturally responsive; and

(e) Are trauma informed.

(4) In implementing a plan developed under this rule, a school district must collaborate with a coach approved by the Oregon Department of Education pursuant to OAR 581-020-0649.

(5) Upon request, school districts shall submit to the Oregon Department of Education data on the effectiveness of plans developed under this rule.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 55-2022, amend filed 12/19/2022, effective 12/19/2022
ODE 8-2019, adopt filed 02/06/2019, effective 02/06/2019

Or. Admin. R. 581-020-0649 Chronic Absenteeism Coaches

(1) For the purpose of assisting the implementation of a plan developed under OAR 581-020-0646, a school district must collaborate with a coach approved by the Oregon Department of Education who is knowledgeable about chronic absenteeism. A coach with whom a school district collaborates under this rule must be able to:

(a) Identify students who are at risk of being chronically absent;

(b) Identify student populations disproportionately impacted by chronic absenteeism;

(A) Address the root causes of chronic absenteeism, including any barrier to attending school, aversion to attending school, misconception about attendance and engagement, or disengagement from school;

(B) Consider the needs of student populations disproportionately impacted by chronic absenteeism, including focal student groups;

(D) Are culturally responsive; and

(E) Are trauma informed.

(2) In addition to the other requirements described in this rule, a coach with whom a school district collaborates under this rule must:

(a) Be experienced working with, and be able to engage, Tribal Nations and a wide variety of education partners and Indian Community-Based Organizations; and

(b) Have a demonstrated history of using a collaborative approach to problem solving.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 55-2022, amend filed 12/19/2022, effective 12/19/2022
ODE 8-2019, adopt filed 02/06/2019, effective 02/06/2019

Or. Admin. R. 581-020-0652 Determination and Distribution of Available Moneys

(1) The Oregon Department of Education shall determine the Program components to be funded each fiscal biennium, which may include:

(a) The amount of moneys available for the Chronic Absenteeism Reduction Program;

(b) The amount of moneys to be distributed to each lead Regional Support entity for purposes described in OAR 581-020-0640;

(c) The amount of moneys to be distributed to each school district that agrees to receive targeted assistance under OAR 581-020-0646;

(d) The amount of moneys to be used to train chronic absenteeism coaches under OAR 581-020-0649; and

(e) The amount of moneys to be used for Integrated Community Partnership Grants under OAR 581-020-0655.

(2) The Oregon Department of Education may distribute moneys under this rule in allotments and may require distributed moneys to be used for a specific purpose.

(3) The Oregon Department of Education may enter into one or more agreements with regional or community organizations or an organization that represents school districts for the purpose of making distributions to the lead Regional Support entities under this rule.

(4) If a school district does not act in accordance with a plan developed under OAR 581-020-0640 or 581-020-0646 or otherwise does not comply with a provision of OAR 581-020-0631 to OAR 581-020-0655 or an agreement entered into for purposes related to addressing the root causes of chronic absenteeism, the Oregon Department of Education may suspend, or withhold and reallocate, moneys that otherwise would be distributed to the school district.

(5) If a Regional Support entity does not act in accordance with a plan developed under OAR 581-020-0640 or 581-020-0646 or otherwise does not comply with a provision of OAR 581-020-0631 to OAR 581-020-0655 or an agreement entered into for purposes related to addressing the root causes of chronic absenteeism, the Oregon Department of Education may suspend, or withhold and reallocate, moneys that otherwise would be distributed to the Regional Support entity.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 55-2022, amend filed 12/19/2022, effective 12/19/2022
ODE 8-2019, adopt filed 02/06/2019, effective 02/06/2019

Or. Admin. R. 581-020-0655 Integrated Community Partnership Grant

(1) The Oregon Department of Education will establish a process for eligible entities to apply for an Integrated Community Partnership Grant.

(2) The Oregon Department of Education may award Grants to eligible entities based on whether the applicant meets the following criteria:

(a) Is a Community-Based Organization, culturally specific organization, early learning hub, provider of early learning services, education service district, Tribal Nation, or consortia of the above;

(b) Authentically and consistently engages Community Voice in the proposed project;

(d) Demonstrates that the objectives of the grant activities are to benefit and serve students impacted by chronic absenteeism, including focal student groups;

(e) Demonstrates that the strategies utilized in grant activities will reduce chronic absenteeism and/or remove barriers to attendance and engagement for students and families disproportionately impacted by chronic absenteeism; and

(f) Is actively engaged in or prepared to enter into an inclusive Partnership and/or consortium with other entities invested in reducing the root causes of chronic absenteeism.

(3) The Oregon Department of Education may give priority to applications that:

(a) Are from, or are led by, Culturally Specific or Community-Based Organizations that represent focal student group communities;

(b) Demonstrate authentic and ongoing Partnerships with Community-Based Organizations, Culturally Specific Organizations, school districts, early learning hubs, education service districts, providers of early learning services, post-secondary institutions of education, or Tribal Nation(s);

(c) Will help ensure geographic diversity of the Grant program by including rural communities or other underserved communities with large focal student group populations; or

(d) Address a strategy or an objective that addresses the root causes of chronic absenteeism that requires additional support, as determined by the Oregon Department of Education.

(4) Administrative costs, which include indirect costs, will be allowed as a percentage of the Grant funds disbursed to Community-Based Organizations, culturally specific organizations, early learning hubs, provider of early learning services, education service districts, or Tribal Nations.

(5) Grant recipients must report project or program expenditures, progress, and outcomes in the manner and form required by the Oregon Department of Education.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 55-2022, adopt filed 12/19/2022, effective 12/19/2022

Or. Admin. R. 581-020-0700 Professional Learning Criteria to Support Inclusive Social Science Instruction

(1) For purposes of this rule, “Culturally responsive” means the implicit recognition and incorporation of the cultural knowledge, experience, and ways of being and knowing of learners in teaching, learning, and assessment.

(2) For the purpose of this rule, “best practices” means professional learning aligned with specific content and subject standards, incorporating active learning for participants, encouraging sustained and continuous collaboration, and learning for improvement in instruction.

(3) Professional learning pursuant to SB 1050 must:

(a) Improve educators’ knowledge of the histories, contributions and perspectives of the individuals and groups named in ORS 329.494 and ORS 329.045(1)(b)(B);

(b) Utilize best practices for culturally responsive professional learning with opportunities for ongoing and follow-up engagements with participants extending throughout the school year.

(d) Encourage and guide the revision of curriculum to better address the histories, contributions, and perspectives of individuals and groups related to ORS 329.494 and ORS 329.045 (1)(b)(B).

History

Statutory/Other Authority: SB 1050 (2023), ORS 329.494 & ORS 329.045(1)(b)(B)
Statutes/Other Implemented: SB 1050 (2023), ORS 329.494 & ORS 329.045(1)(b)(B)
ODE 17-2024, adopt filed 04/24/2024, effective 04/24/2024

Or. Admin. R. 581-020-0705 Workforce Survey Definitions

(1) Public education provider means:

(a) A school district, as described in ORS 330.005;

(b) A public charter school, as described in ORS 338.005;

(d) A long term care or treatment facility, as described in ORS 343.961;

(e) The Youth Corrections Education Program;

(f) The Juvenile Detention Education Program; or

(g) The Oregon School for the Deaf.

(2) Education workforce means licensed educators and classified staff who are:

(a) Employed by a public education provider; or

(b) Under contract to provide services to a public education provider.

(3) Licensed educator means a teacher, administrator, or other school professional who is licensed, registered or certified by the Teacher Standards and Practices Commission.

(4) Classified staff means all employees of a public education provider except those for whom a Teacher Standards and Practices Commission license is required as a basis for employment in a public education provider. This also includes employees who hold licenses issued by agencies other than TSPC.

(5) Employed means paid by a public education provider as a regular employee.

(6) Under contract means paid by a public education provider through a contracted third party or contracted individually.

History

Statutory/Other Authority: SB 283 (2023)
Statutes/Other Implemented: SB 283 (2023)
ODE 8-2025, minor correction filed 02/14/2025, effective 02/14/2025
ODE 4-2025, adopt filed 02/07/2025, effective 02/07/2025

Or. Admin. R. 581-020-0710 Workforce Survey Purpose

(1) The Department of Education shall annually administer a web-based survey of the education workforce designed to:

(a) Assist in the gathering of information about the perceptions of working experiences of the education workforce of this state, including the experience in the school district and in individual schools.

(b) Evaluate school climate and culture from the education staff perspective.

(2) Individual responses collected through the survey will be confidential and anonymous.

(3) Data from the survey shall be used to support the following purposes:

(a) Honor the importance and necessity of incorporating voices of members of the education workforce into the continuous improvement process for Oregon’s public education systems.

(b) Provide Oregon’s public education providers, state agencies, and the Legislature with meaningful and actionable data regarding perceptions of working experiences, climate, and culture that can be used in combination with state and local data to improve systemic working conditions.

History

Statutory/Other Authority: SB 283 (2023)
Statutes/Other Implemented: SB 283 (2023)
ODE 9-2025, minor correction filed 02/14/2025, effective 02/14/2025
ODE 4-2025, adopt filed 02/07/2025, effective 02/07/2025

Or. Admin. R. 581-020-0715 Workforce Survey Administration and Reporting

(1) The Department of Education shall annually prepare and administer a web-based survey of the members of the education workforce. The department shall:

(a) Prepare and maintain a survey tool based on research-based best practices and the needs of members of the education workforce of this state.

(b) Identify an administration period for the survey, during which the department will make available the web-based survey to public education providers for dissemination to members of the education workforce actively employed by or under contract to provide services to the public education provider during the survey window.

(c) Identify any minimum participation requirements or suppression rules for survey results to be reported in order to protect respondent anonymity.

(d) Consult relevant advisory groups on topics identified in this section, which may include but is not limited to survey content, item type, response category options, questionnaire length, delivery methods, administration window, language translation, accessibility tools and supports, data visualization, and public reporting and dissemination.

(e) Collaborate with the Educator Advancement Council when making any changes to survey standards adopted by the State Board of Education.

(f) Disseminate information to public education providers, which may include but is not limited to survey access, timelines, purpose, and content as well as guidance concerning survey administration best practices, appropriate use of survey results, and the protection of survey respondent confidentiality and anonymity.

(2) Prior to and during the survey period, each public education provider shall encourage members of their education workforce to participate in the survey by distributing to individual members information provided by the Department of Education.

(3) During the survey period, each public education provider shall ensure that members of their education workforce have the opportunity to participate in the survey by:

(a) Emailing the web-based survey link(s) to their education workforce members at least twice during the survey period; and

(b) Connecting their education workforce members to the Department of Education regarding questions about the survey and accessibility needs.

(4) The Department of Education shall annually:

(a) Review the survey results.

(b) Prepare an interactive data visualization tool that provides access to aggregated and suppressed survey results at multiple levels, such as schools and districts, while maintaining confidentiality and anonymity of survey respondents.

(d) Submit a report on education workforce satisfaction to the interim committees of the Legislative Assembly related to education.

(5) The Department of Education may enter into a contract or a partnership with any public or private entity, including the federal government, for the purpose of this section.

History

Statutory/Other Authority: SB 283 (2023)
Statutes/Other Implemented: SB 283 (2023)
ODE 10-2025, minor correction filed 02/14/2025, effective 02/14/2025
ODE 4-2025, adopt filed 02/07/2025, effective 02/07/2025

Division 21 SCHOOL GOVERNANCE AND STUDENT CONDUCT

Or. Admin. R. 581-021-0003 Course Requirements for Personal Financial Education and Higher Education and Career Path Skills

(1) Courses that include Personal Financial Education and Higher Education and Career Path Skills content standards shall be taught by a licensed or registered educator. Licensed educators shall possess a valid license issued by the Teacher Standards and Practices Commission in at least one of the following areas:

(a) Teaching Licenses as found in Atypical Assignments OAR 584-210-0170;

(b) School Counselor License as found in OAR 584-245-0110;

(d) Restricted CTE Teaching License as found in OAR 584-230-0040;

(2) Districts shall award 0.5 credit in Personal Financial Education for courses that address all of the State Board Adopted Content Standards for the subject in accordance with OAR 581-022-2025 Credit Options.

(a) Districts may award credit in more than one content area for a Personal Financial Education course that integrates other content standards.

(b) Districts may offer these courses as part of a college-credit granting opportunity.

(3) Districts shall award 0.5 credit in Higher Education and Career Path Skills for courses that address all of the State Board Adopted Content Standards for the subject in accordance with OAR 581-022-2025 Credit Options.

(a) Districts may award credit in more than one content area for a Higher Education and Career Path Skills course that integrates other content standards.

(b) Districts may offer these courses as part of a college-credit granting opportunity.

(4) A district or public charter school may request a waiver of the credit requirements described in ORS 329.251 (2)(a)(D) and (E) by demonstrating, to the satisfaction of the Oregon Department of Education that the district or school is unable to provide courses necessary for students to satisfy the credit requirements due to a lack of educators qualified to provide the courses. If approved, this waiver is for students who will be awarded a high school diploma on or after January 1, 2027 and before January 1, 2028.

(a) If a district seeks to request a waiver, it shall submit an application to the Department which includes:

(A) The reason for seeking a waiver;

(B) The subject(s) for which the waiver is sought;

(D) Local school board approval of the application and the date of such approval.

(b) Waivers may be approved at the Oregon Department of Education’s discretion. Denied waivers may be appealed to the State Board of Education.

(d) No waivers shall be granted for students graduating on or after January 1, 2028.

History

Statutory/Other Authority: ORS 329.007, ORS 329.025, ORS 329.045 & ORS 329.451
Statutes/Other Implemented: ORS 329.007, ORS 329.025, ORS 329.045 & ORS 329.451
ODE 53-2024, adopt filed 10/25/2024, effective 10/25/2024
ODE 43-2024, temporary adopt filed 06/25/2024, effective 06/25/2024 through 12/21/2024

Or. Admin. R. 581-021-0009 Exemptions

(1) The school district may excuse students from a state required program or learning activity, where necessary, to accommodate students' disabilities or religious beliefs:

(a) Approval of the exemption shall be based upon and shall include:

(A) A written request from the student's parent or guardian or the student, if the student is 18 years of age or older or a legally emancipated minor, listing the reasons for the request and a proposed alternative for an individualized learning activity which substitutes for the period of time exempt from the program and meets the goals of the learning activity or course being exempt;

(B) An evaluation of the request and approval by appropriate school personnel (the alternative should be consistent with the student's educational progress and career goals as described in OARs 581-022-2270 and 581-022-2060).

(b) Following approval by the district school board, and upon completion of the alternative, credit shall be granted to the student.

(2) The school district may approve and grant credit to a student for the alternative to a state required program or learning activity if the procedures in section (1) of this rule are followed.

(3) Subsections (1) and (2) of this rule do not apply to exemption from participating in Oregon’s statewide summative assessments, which are defined as statewide assessments used to meet both participation and performance requirements for state and federal systems accountability. Exemption from Oregon’s statewide summative assessments is instead governed by Section 2, chapter 519, Oregon Laws 2015 (Enrolled House Bill 2655). ODE will annually publish notice about Oregon’s statewide summative assessments and an opt-out form as required under by Section 2, chapter 519, Oregon Laws 2015 (Enrolled House Bill 2655).

(4) Subsection (3) of this rule will sunset as of July 1, 2021.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 139-2019, minor correction filed 09/11/2019, effective 09/11/2019
ODE 44-2018, renumbered from 581-022-1910, filed 12/11/2018, effective 12/11/2018
ODE 23-2015, f. & cert. ef. 12-18-15
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-021-0013 Child Development Specialist Programs

(1) A Child Development Specialist program is an optional elementary component of a district’s comprehensive school counseling program for grades K–8, (or any configuration therof), based on the Oregon Department of Education’s Framework for Comprehensive School Counseling under OAR 581-022-2060.

(2) The district school board of every school district operating elementary schools may make the services of a Child Development Specialist available to the children and their families residing in attendance areas of the schools. A Child Development Specialist may serve as counseling staff trainined to help implement the comprehensive school counseling program.

(3) If a district school board chooses to establish a child development specialist program, the school district must meet the following requirements:

(a) The school district shall submit a written plan describing the program to the Department of Education and the program must be approved by the department.

(b) Upon department approval of a district’s plan, a school district may submit a child development specialist candidate application for department approval.

(c) The school district shall conduct an annual review of the program and submit an updated plan to the department for reauthorization of the program.

(d) Each Child Development Specialist employed by a school district shall complete an annual evaluation of the specialist’s child development plan to be included with the school district’s updated plan.

(4) The department will:

(a) Conduct an annual program review of any district that has established or chooses to establish a Child Development Specialist Program as an elementary, grades K–8, component of the district’s K–12 comprehensive school counseling program.

(b) Conduct an annual review of each Child Development Specialist’s Summary of Activities as part of the reauthorization process.

(c) Up-date and post all child development specialist forms needed for program approval and CDS authorization/reauthorization on the Oregon Department of Education web page annually.

(d) Maintain a Child Development Specialist Advisory Committee to hear appeals by districts or Child Development Specialist, or to serve when requested by the department for input.

History

Statutory/Other Authority: ORS 326.051 & 329.275
Statutes/Other Implemented: ORS 329.255, 329.265 & 329.385
ODE 44-2018, renumbered from 581-022-1512, filed 12/11/2018, effective 12/11/2018
ODE 19-2018, amend filed 06/05/2018, effective 06/06/2018
Renumbered from 581-023-0050, ODE 19-2008, f. & cert. ef. 6-27-08
EB 11-1992, f. & cert. ef. 4-7-92
1EB 18-1981, f. & ef. 12-23-81
1EB 199, f. 7-1-75, ef. 9-1-75

Or. Admin. R. 581-021-0017 Dental Screening Certification

(1) Definitions:

(a) “Dental screening” means a dental screening test to identify potential dental health problems that is conducted by:

(A) A dentist licensed under ORS Chapter 679;

(B) A dental hygienist licensed under ORS 680.010 to 680.205

(D) an employee of the education provider or a volunteer designated by the education provider to perform a dental screening who has completed training on how to perform a dental screening in accordance with guidelines established by the Dental Director appointed by the Oregon Health Authority.

(b) “Education provider” means:

(A) An entity that offers a program that is recognized as an Oregon prekindergarten program under ORS 329.170 to 329.200.

(B) A school district board as defined in ORS 332.002.

(c) “Health Care Practitioner” means a Physician, Physician’s Assistant, Doctor of Osteopathic Medicine licensed by the Oregon Medical Board, a Nurse Practitioner licensed by the Oregon State Board of Nursing, or a Naturopathic Physician licensed by the Oregon State Board of Naturopathic Medicine.

(d) “Dental health record,” for purposes of this rule, has the same meaning as “Education Records” in OAR 581-021-0220.

(2) Each education provider must:

(a) Require a student who is seven years of age or younger and who is beginning an educational program with the education provider for the first time to submit certification within 120 days of the student beginning school that the student received a dental screening within the previous 12 months;

(b) File in the student’s dental health record any dental screening certifications and any results of a dental screening known by the education provider;

(c) Provide the parent or guardian of each student with standardized information developed by the dental director appointed by the Oregon Health Authority regarding dental screenings, further examinations or necessary treatments, and preventative care including fluoride varnish, sealants and daily brushing and flossing; and

(d) No later than October 1 each year, submit to the Department of Education a report that identifies the percentage of students who failed to submit the certification required under this rule for the previous school year.

(3) A student is not required to submit a dental screening certification required under subsection (2) of this rule if the student provides a statement from the parent or guardian of the student that:

(a) The student submitted certification to a prior education provider;

(b) The dental screening is contrary to the religious beliefs of the student or the parent or guardian of the student; or

(c) The dental screening is a burden for the student or the parent or guardian of the student in one of the following ways:

(A) The cost of obtaining the dental screening is too high;

(B) The student does not have access to an approved screener identified in (1)(a) of this rule; or

(4) Certification of a dental screening:

(a) May be provided by a person identified in subsection (1)(a) of this rule who conducts regular dental screenings of the student; and

(b) Must include the following information:

(A) Student’s name;

(B) Screening date; and

History

Statutory/Other Authority: Chapter 558, Sec 1 & 3 & 2015 OL (Enrolled HB 2972)
Statutes/Other Implemented: Chapter 558, Sec 1 & 2015 OL (Enrolled HB 2972)
ODE 36-2016, f. & cert. ef 6-15-16

Or. Admin. R. 581-021-0019 Interdistrict Transfer Agreement

(1) Definitions. As used in this rule:

(a) “ADM” means the average daily membership as defined in ORS 327.006.

(b) “Emergency to protect the health, safety or welfare of the student” includes but is not limited to sexual assault, threats against a student’s life, or threats of imminent harm.

(A) The student is impacted by a parent or guardian’s military deployment;

(B) The student is experiencing instability related to homelessness or foster care placement;

(D) Death of a student’s parent;

(E) The student does not have access to safe and affordable childcare in the resident district; or

(F) The student is involved in a documented case of severe harassment, intimidation, bullying or cyberbullying.

(d) “Individualized education program” means a written statement of an educational program for a child with a disability that is developed, reviewed and revised in a meeting in accordance with criteria established by rules of the State Board of Education for each child eligible for special education and related services under ORS Chapter 343.

(e) “Interscholastic activities” includes but is not limited to athletics, music, speech, and other related activities.

(f) “Nonresident school district” means a school district that is not the resident school district of a child.

(g) “Person in parental relationship” means, as defined in ORS 339.133, an adult who has physical custody of a child or resides in the same household as the child, interacts with the child daily, provides the child with food, clothing, shelter and incidental necessaries and provides the child with necessary care, education and discipline. “Person in parental relationship” does not mean a person with a power of attorney or other written delegation of parental responsibilities if the person does not have other evidence of a parental relationship.

(h) “Resident school district” means the school district that has a legal responsibility to educate a child because the child resides in the district with a parent, guardian or person in parental relationship.

(i) “School district” means a school district as defined in ORS 332.002, a state-operated school or any legally constituted combination of such entities.

(2)(a) Pursuant to ORS 339.127, a nonresident school district may enroll a student who is a resident of another district and receive State School Fund money for the student if there is a signed Interdistrict Transfer Agreement between the resident school district, nonresident school district, and the parent/guardian(s) or person in parental relationship.

(b) Except as provided in (6), in determining whether to admit or release a student requesting inter-district transfer through a signed Interdistrict Transfer Agreement, or in establishing any terms of such consent, neither the resident district nor the nonresident district may consider race, religion, sex, sexual orientation, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language, athletic ability, or academic records.

(c) The provisions of this rule do not affect the authority of a school district to enroll students under section 9, chapter 718, Oregon Laws 2011 (Enrolled House Bill 3681) and do not apply to students who attend a school under that section.

(d) The provisions of this rule do not affect the authority of a school district to enter into a contract with another district under ORS 339.125.

(3) It is understood that upon approval by the district of the Interdistrict Transfer Agreement that:

(a) The Resident District shall fully release the student to the Nonresident District. The Nonresident District shall claim the student as a resident student for the purposes of claiming basic school support under the State School Fund and shall report itself as the Resident District of record for ADM purposes.

(b) The Nonresident District shall report the student as a resident student for ADM per ORS 339.133. The Resident District turns over to the Nonresident District all portions of the ADMr and the ADMw that is paid from the State School Fund. Funds may only be exchanged between the districts for the student based on the Interdistrict Transfer Agreement.

(c) The Nonresident District will be accountable for meeting the requirements of the standards described in OAR chapter 581, division 22.

(d) The Nonresident District will be accountable for ensuring a free, appropriate public education (FAPE) in the least restrictive environment (LRE) for students on an Individualized Education Program (IEP).

(4) Modification to the original Interdistrict Transfer Agreement requires written consent by the nonresident school district and parent/guardian or person in parental relationship.

(5)(a) Except as provided in (6), a district considering whether to admit a nonresident student through interdistrict transfer may only request the following information prior to admitting the student:

(A) Legal Name;

(B) Date of Birth;

(D) Primary Phone Number of Parent/Guardian/Person of Parental Relationship;

(E) Primary Email of Parent/Guardian/Person of Parental Relationship;

(F) Mailing Address of Parent/Guardian/Person of Parental Relationship;

(G) Information on any student expulsions within the last calendar year;

(H) Whether the student has siblings who are currently enrolled in a school of the nonresident district and, if so, which school;

(I) Whether the student previously had received consent to remain enrolled in the school district following a legal change of residence to a different school district during the school year or over the summer;

(J) Whether the student attended a public charter school located in the nonresident district for at least three consecutive years, completed the highest grade offered by the public charter school, and did not enroll in and attend school in another district following completion of the highest grade offered by the public charter school; and

(K) Information about which schools in the nonresident district the student prefers to attend.

(b) Except as provided in (6), a district considering whether to admit a nonresident student through interdistrict transfer may not request information on the student’s race, religion, sex, sexual orientation, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language, athletic ability, or academic records.

(6)(a) In the event of an emergency to protect the health, safety or welfare of the student or if the student experiences a hardship as defined by these rules, a district may consent to an interdistrict transfer and is not required to comply with the processes, limits, priorities, or timelines established by district policy governing interdistrict transfers so long as the superintendents of the resident district and the nonresident district have conferred and agree that the needs of the student would be better served by the nonresident district.

(b) In determining whether to consent to an interdistrict transfer on the basis of an emergency or hardship, a district may not discriminate on the basis of race, religion, sex, sexual orientation, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language, athletic ability, or academic records.

(7) The Oregon Department of Education (ODE) will provide a sample Interdistrict Transfer Agreement form. Resident school districts are responsible for developing their own written instructions.

(8) An Interdistrict Transfer Agreement shall only be between districts within the state of Oregon.

(9) Upon request by the nonresident district, a resident district shall release student records to the nonresident district.

(10) Nothing in this rule prevents a district school board from exercising the authority granted to the district under ORS 339.127(9).

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 339.133
ODE 44-2016, f. & cert. ef. 9-6-16
ODE 33-2014, f. 6-24-14, cert. ef. 7-1-14
ODE 1-2012, f. 2-1-12, cert. ef. 2-3-12
ODE 21-2008, f. 8-28-08, cert. ef. 8-29-08

Or. Admin. R. 581-021-0020 District School Board Proceedings

Questions of school officers and others concerning the proper administration of the school laws and rules of the Oregon State Board of Education shall be submitted to the Superintendent of the respective county. If the Superintendent is not prepared to answer any question of law submitted to him, he may submit the same in writing to the Superintendent of Public Instruction, giving all the essential facts and stating the point of inquiry in the form of a direct question. The Superintendent of Public Instruction shall answer all such inquiries, securing an opinion of the Attorney General when necessary.

History

Statutory/Other Authority: ORS 326
Statutes/Other Implemented: ORS 326.310
1EB 134, f. 7-5-72, ef. 7-15-72
1EB 118, f. 11-28-67, ef. 12-25-67

Or. Admin. R. 581-021-0022 Student Evaluation

The district shall develop policies to assure that a students’ academic grade reflects his/her academic achievement in that course. Absenteeism or misconduct shall not be a sole criterion for the reduction of grades.

History

Statutory/Other Authority: ORS 326.051(1)(b)
Statutes/Other Implemented: ORS 339.280
EB 17-1991, f. & cert. ef. 9-9-91

Or. Admin. R. 581-021-0023 Mercury Elimination Policy

(1) Definitions:

(a) “Mercury-added instructional material” means an item or product containing intentionally added elemental mercury or mercury compound(s) used for educational purposes.

(b) “Mercury compound” means a substance consisting mercury chemically combined with another element or combinations of elements, e.g. mercury oxide (HgO).

(c) “Elemental mercury” means the silvery-white liquid metal with atomic number of 80 and an atomic mass of 200.57 represented by chemical symbol Hg.

(2) All Oregon school districts must:

(a) Prohibit the purchase of elemental mercury, mercury compounds and mercury-added instructional materials;

(b) Eliminate all elemental mercury and mercury compounds that are maintained for education purposes, for example, vials of liquid mercury and samples of mercury compounds contained in chemistry class;

(d) Eliminate the use of items and products containing elemental mercury or mercury compounds, as those items and products are replaced at the end of their normal useful lives with cost-effective mercury-free alternatives.

(3) As instructional materials, items and products containing elemental mercury and mercury compounds are replaced; school districts should work with the Oregon Department of Environmental Quality in the proper disposal of materials, items and products.

History

Statutory/Other Authority: ORS 326.051(b)
Statutes/Other Implemented: ORS 326.051(g)
ODE 2-2004, f. & cert. ef. 1-15-04

Or. Admin. R. 581-021-0026 Examination of Children Instructed by Parent, Legal Guardian or Private Teacher

(1)The following definitions and abbreviations apply to OAR 581-021-0026 unless otherwise specified within the rule:

(a) “Approved Tests” Tests approved for assessment of satisfactory progress by homeschool students are the two most recent versions of the following tests:

(A) Terra Nova CAT/3 Test;

(B) Iowa Tests of Basic Skills / Tests of Achievement and Proficiency;

(b) "Child" means a person between ages 6 and 18 whose parent or parents seek exemption from compulsory school attendance under ORS 339.030(1)(e). A child is considered to be six years of age if the sixth birthday of the child occurred on or before September 1 immediately preceding the beginning of the current school term. A six-year-old is assumed to be a kindergartner, unless the parent wishes to place the child in a higher grade.

(c) "Education Service District" means the education service district that contains the school district of which the child is a resident.

(d) "Department" means the Oregon Department of Education;

(e) "Neutral person" means an individual selected by the parent or guardian of the child to be taught at home who has no relationship by bloodline or marriage to the child;

(f) "Notification" means written notice containing:

(A) The child's and the parent's name, address, telephone number (optional), and e-mail address (optional);

(B) The child's birth date; and

(C) The name of the school the child is presently attending, or last attended, or if child has not attended school, the name of the public school district in which the child resides.

(g) "Order" means to provide formal written notice.

(h) "Parent" is the natural parent or legal guardian of a child whom the parent desires to be exempted from compulsory attendance under the provisions of ORS 339.030(1)(c) or (1)(d).

(i) For the purposes of OAR 581-021-0026 only, "Qualified person" is an individual who:

(A) Holds a current personnel service license or teaching license from Oregon Teacher Standards and Practices Commission; or

(B) Has been licensed by the Oregon Board of Psychologist Examiners; or

(C) Has met the publisher's qualifications for purchase, and has purchased at least one test from the list set forth in section (1)(a) of this rule; or

(D) Provides evidence of satisfactory completion of a graduate course in which test administration and interpretation is included in the objective; or

(E) Has previously qualified as a tester pursuant to paragraph (1)(i) of this rule, and has during the previous year administered at least one test from the list set forth in section (1)(a) of this rule.

(j) "Superintendent" is the executive officer of the education service district (ESD).

(2) The State Superintendent and the Oregon Department of Education shall make available a list of the test publishers and their addresses.

(3) The Department shall make available a list of persons qualified to administer tests under this rule, such list to be updated by July 1 of each year. To be placed on the list, an applicant shall submit to the State Superintendent of Public Instruction evidence that satisfies any one of the requirements stated in subsection (1)(i)(A) through (E) of this rule.

(4) When a child is taught or is withdrawn from a public or private school to be taught by a parent, legal guardian or private teacher, as provided in ORS 339.030(1)(c) or (d), the parent, legal guardian or private teacher must notify the education service district in writing within 10 days of such occurrence. In addition, when a child who is taught by a parent, legal guardian or private teacher moves to a new education service district, the parent shall notify the new education service district in writing within 10 days of such occurrence of their intent to continue homeschooling.

(a) The ESD must acknowledge in writing receipt of any notification from a parent, legal guardian or private teacher within 90 days of having record of such notification.

(b) The ESD must also notify at least annually, school districts of homeschooled students who reside in the school district.

(5) Children in grades 3, 5, 8, and 10, being taught as provided in section (4) of this rule, shall be examined no later than August 15 in accordance with the following procedures:

(a) The parent or legal guardian shall select an examination from the list of approved tests provided in subsection (1)(a) above and arrange to have the examination administered to the child by a neutral qualified person as defined in subsections (1)(e) and (i) above.

(A) If the child was withdrawn from public or private school, the first examination shall be administered to the child at least 18 months after the date on which the child was withdrawn from public or private school.

(B) If the child never attended public or private school, the first examination shall be administered to the child prior to the end of grade three.

(b) The person administering the examination shall:

(A) Score or provide for the scoring of the examination; and

(B) Report the results of the examination to the parent or legal guardian.

(c) Upon request of the superintendent of the education service district, the parent or legal guardian shall submit the results of the examination to the education service district.

(6) Testing for grade levels 3, 5, 8, and 10 shall occur in the third, fifth, eighth, and tenth year ending August 15. The first year is defined as when the child is seven on September 1, or earlier at the parent's discretion.

(7) Test score results shall be evaluated as follows:

(a) If the composite test score of the child places the child below the 15th percentile based on national norms, the child shall be given an additional examination within one year of when the first examination was administered.

(b) If the composite test score of the child on the second examination shows a declining score, then the child shall be given an additional examination within one year of when the second examination was administered and the superintendent of the education service district may:

(A) Allow the child to continue to be taught by a parent, legal guardian or private teacher; or

(B) Place the education of the child under the supervision of a person holding a teaching license who is selected by the parent or legal guardian at the expense of the parent or legal guardian.

(c) If the composite test score of the child continues to show a declining score, the superintendent of the education service district may:

(A) Allow the child to continue under the educational supervision of a licensed teacher selected by the parent or legal guardian, at the expense of the parent or legal guardian, and require that the child be given an additional examination within one year of when the last examination was administered;

(B) Allow the child to be taught by a parent, legal guardian or private teacher and require that the child be given an additional examination within one year of when the last examination was administered; or

(C) Order the parent or legal guardian to send the child to school for a period not to exceed 12 consecutive months as determined by the superintendent.

(d) If the parent or legal guardian of the child does not consent to placing the education of the child under the supervision of a licensed teacher who is selected by the parent or legal guardian, then the superintendent of the education service district may order the child to school for a period not to exceed 12 consecutive months as determined by the superintendent.

(e) If the composite test score of the child on an examination is equal to or greater than the percentile score on the prior test, the child may be taught by a parent, legal guardian or private teacher and for the next examination be examined pursuant to subsection (5) of this section.

(8) Procedures for homeschooling students with disabilities are set out in OAR 581-021-0029.

(9) A test administrator shall certify that the administrator is qualified and neutral as defined in this rule with respect to a child being tested.

(10) All costs for the test instrument, administration, and scoring are the responsibility of the parent.

(11) The parent of a child who turns six after September 1 shall not be required to provide notice of intent to homeschool that child until the beginning of the next school year.

(12) Violation of ORS 339.020 or the requirements of 339.035 is punishable as set out in 339.990.

History

Statutory/Other Authority: ORS 339.030 & ORS 339.035
Statutes/Other Implemented: ORS 339.035
ODE 21-2024, minor correction filed 04/25/2024, effective 04/25/2024
ODE 14-2024, amend filed 04/24/2024, effective 04/24/2024
ODE 47-2022, minor correction filed 09/14/2022, effective 09/14/2022
ODE 26-2021, temporary amend filed 06/24/2021, effective 06/24/2021 through 12/20/2021
ODE 27-2020, temporary amend filed 06/23/2020, effective 06/23/2020 through 12/19/2020
ODE 27-2018, amend filed 09/20/2018, effective 09/21/2018
ODE 21-2017, amend filed 11/14/2017, effective 11/15/2017
ODE 38-2016, f. & cert. ef. 7-18-16
ODE 19-2000, f. & cert. ef. 5-23-00
EB 12-1996, f. 7-26-96, cert. ef. 11-1-96
EB 14-1993, f. & cert. ef. 3-25-93
EB 33-1992(Temp), f. & cert. ef. 10-29-92
EB 26-1992, f. & cert. ef. 7-28-92
EB 6-1992(Temp), f. & cert. ef. 2-25-92
1EB 10-1986, f. 3-21-86, ef. 3-24-86
1EB 8-1986, f. 3-12-86, ef. 3-17-86

Or. Admin. R. 581-021-0029 Homeschooling for Children with Disabilities

(1) The definitions in OAR 581-021-0026 apply to this rule, along with the following definitions:

(a) "District" means the student's resident school district under 339.133

(b) "Child with a disability means a child between the ages of 6 and 18 whose parent or guardian seeks exemption from compulsory school attendance under ORS 339.030(1)(c) or (1)(d) and who meets eligibility criteria for a specific disability category under OAR 581-015-0051.

(d) "Privately developed plan" (PDP) means an individual plan developed by a team including the parent and one or more private service providers to address the educational needs of a child with a disability. A PDP shall include individual educational goals for the student and a statement indicating how satisfactory educational progress will be determined for the student.

(e) "Satisfactory educational progress" means educational progress across academic and/or developmental areas appropriate to the child's age and abilities. The student need not complete all individualized educational program or privately developed plan goals for the team to determine that the student is making satisfactory educational progress.

(2) Notice Requirements:

(a) Parents shall notify the ESD superintendent of intent to homeschool a child with a disability in accordance with OAR 581-021-0026(1)(f) and (4).

(b) The ESD superintendent shall notify the district if the ESD receives notice that a parent intends to homeschool a child with a disability.

(c) The district shall provide written notice to the parent that it stands ready to provide a free appropriate public education if the child enrolls in the district. This notice shall be provided annually as long as:

(A) The child remains eligible for special education; and

(B) The child is exempt from compulsory education as a homeschooled child; and

(3) Testing and Reporting Requirements:

(a) If a child with a disability is receiving IEP services from a district and the IEP includes a provision for IEP team assessment of satisfactory educational progress, the district shall:

(A) Complete this assessment according to the schedule identified in OAR 581-021-0026(6); and

(B) Provide the parent with a copy of the results, including a summary statement indicating whether the child has made satisfactory educational progress in light of the child's age and disability.

(b) If a child with a disability is receiving services under a PDP, and the PDP includes a provision for assessment of satisfactory educational progress, the PDP team shall:

(A) Complete this assessment according to the schedule identified in OAR 581-021-0026(6); and

(B) Provide the parent with a copy of the results, including a summary statement indicating whether the child has made satisfactory educational progress in light of the child's age and disability.

(A) If the district has conducted an assessment under subsection (3)(a)(A), retain documentation of the child's progress under subsection (3)(a)(B) and, upon request, report this information to the ESD on the same schedule as required under OAR 581-021-0026(6); or

(B) Ensure that the child's progress is evaluated according to a privately developed plan, and retain and report progress, upon request, on the same schedule as required by OAR 581-021-0026; or

(d) Parents of a child who is not identified under OAR 581-015-0051 but who is disabled under Section 504 of the Rehabilitation Act shall comply with subsections (B) or (C), above.

(4) If the IEP or PDP team determines that the child has not made satisfactory educational progress, the superintendent shall take the actions identified in OAR 581-021-0026 in the sequence stated.

(5) District responsibilities for homeschooled children with disabilities:

(a) When the district receives notice that a parent intends to homeschool a child with a disability or that a child with a disability is being homeschooled, the district shall offer, and document to the parent;

(A) An opportunity for the child to receive special education and related services if the child were enrolled in the district; and

(B) An opportunity for IEP meeting to consider providing special education and related services to the child with a disability in conjunction with homeschooling.

(i) An IEP shall only be developed for a child with a disability if the IEP team determines that a free appropriate public education can be provided in conjunction with homeschooling.

(ii) Services may be provided in the home only to the extent that special education or related services would be provided in the home if the child were not homeschooled.

(b) The child's IEP team shall be convened and conducted, and an IEP developed, consistent with the requirements in OAR Division 15, with the following exceptions:

(A) The child's parent shall be treated as both parent and regular education teacher of the child unless the parent designates another individual as the regular education teacher;

(B) Under "extent of non-participation in regular education" the IEP shall state that the child is exempt from compulsory school attendance and regular education is provided through homeschooling; and

(i) If the IEP team determines that the testing requirements of OAR 581-021-0026 are appropriate for the child, the provisions of 581-021-0026(6) shall apply to the child.

(ii) If the IEP team determines that the testing requirements of OAR 581-015-0026 are not appropriate for the child, the IEP team shall identify another measure that will be used to determine whether the child has made satisfactory educational progress.

(iii) Notwithstanding subsections (i) and (ii), a parent may use a PDP to determine whether the child has made satisfactory educational progress. If so, the IEP shall indicate that satisfactory educational progress will be determined by the PDP team at parent request.

(c) Children with disabilities shall be reevaluated at least every three years in accordance with OAR 581-015-0072 through 581-015-0074 and 581-015-0701.

(A) If the team determines that specific evaluation is necessary to continue eligibility or to determine appropriate special education and related services for the child's IEP, and the parent refuses consent for such evaluation, or refuses to make the child available, the district shall document to the parent that the district stands ready to conduct the evaluation when the parent gives consent or makes the child available.

(B) If the district does not have sufficient evaluation information to determine eligibility or to develop an IEP, the district is not required to complete these activities. The district shall provide prior written notice under OAR 581-015-0075 if the district terminates eligibility or services under these circumstances.

(d) Child find:

(A) If a district suspects that a homeschooled child has a disability under OAR 581-015-0051, the district shall:

(i) Obtain parent consent for initial evaluation under OAR 581-015-0039; and

(ii) Conduct an initial evaluation and determine the child's eligibility to receive special education and related services consistent with OAR 581-015-0051, 0053, 0071, 0072, 0073, and 0701.

(B) If the child is eligible, the district shall notify the parent and shall offer and document to the parent an opportunity for an IEP meeting to consider initiation of special education and related services to the child with a disability.

(C) If the parent refuses consent, does not respond, or refuses to make the child available, the district shall document to the parent that the district stands ready to conduct the evaluation when the parent gives consent or makes the child available.

(D) If a parent does not respond or refuses to meet to consider initiation of special education and related services, the district has no further obligation to initiate the offer of a free appropriate public education as long as the child is exempted from compulsory education as a homeschooled child.

(6) If the district permits partial enrollment of homeschooled children in its regular education program, the district shall permit children with disabilities to participate to the same extent as non-disabled children, if appropriate, whether or not the child is receiving IEP services from the district.

(a) If the child is receiving IEP services from the district, the IEP team shall determine the appropriateness of participation and the IEP shall include necessary modifications and accommodations related to the participation. Notwithstanding subsection (5)(b)(A), if the IEP calls for participation in any part of the district's regular education program, the IEP team shall include a district regular education teacher in accordance with OAR 581-015-0066(3).

(b) If the child is not receiving IEP services from the district, the district shall consider the participation, and necessary modifications and accommodations for the child under Section 504 of the Rehabilitation Act.

(7) A child who is exempt from compulsory school attendance as a homeschooled child with a disability will continue to be considered an exempt homeschooled child even though:

(a) The child receives special education and related services from the district, unless these services are the equivalent of full-time enrollment in the district; or

(b) If the district permits partial enrollment of homeschooled children and, pursuant to that policy, the child attends one or more regular education classes.

(8) Parents of homeschooled children with disabilities have the same procedural safeguards as children with disabilities enrolled in the district, except for the following:

(a) A parent is not entitled to an independent educational evaluation at public expense under OAR 581-015-0094 if the parent disagrees with an IEP team evaluation regarding satisfactory educational progress under this rule.

(b) A parent may not request a due process hearing under OAR 581-015-0081 to contest a district's decision not to provide special education and related services in conjunction with homeschooling.

(c) Complaints that a school district has failed to meet any of the requirements under OAR 581-021-0029(5) or (8) may be heard under OAR 581-015-0054.

History

Statutory/Other Authority: ORS 339
Statutes/Other Implemented: ORS 339.035
ODE 48-2022, minor correction filed 09/14/2022, effective 09/14/2022
ODE 38-2016, f. & cert. ef. 7-18-16
ODE 19-2000, f. & cert. ef. 5-23-00
1EB 29-1986, f. & ef. 7-23-86

Or. Admin. R. 581-021-0030 Limitation on Administration and Utilization of Tests in Public Schools

(1) Tests shall be considered as instruments that are means to assist decision-making on the part of parents, the public, school boards and the professional staff, rather than ends unto themselves. Tests may be used as follows in addition to other uses specified in local policies:

(a) To assist in making decisions about the effectiveness of school programs;

(b) To assist in determining the attainment of specified educational outcomes;

(c) To provide information to the students about themselves, to parents, and to the school staff which may assist them in making programmatic decisions of benefit to the student.

(2) Tests of intelligence, ability, achievement or aptitude shall not be used as sole criterion for placement of students in educational groups or tracks:

(a) Before administering individual intelligence tests (as opposed to group intelligence tests) and all tests of personality to children in public schools, districts shall inform parents as to the purpose of testing; and the parents’ written permission shall be obtained. In homes where the predominant language spoken is not English, the communications on the purpose of testing should be in the language spoken in the home;

(b) When a school district believes it is not feasible to comply with subsection (2)(a) of this rule, it may petition the Department of Education for a waiver in accordance with the procedure contained in the State Standards for Oregon Public Schools.

History

Statutory/Other Authority: ORS 326 & 336
Statutes/Other Implemented: 20 U.S.C. 1232h
1EB 16-1982, f. 8-4-82, ef. 8-5-82
1EB 226, f. & ef. 6-4-76
1EB 173, f. 7-1-74, ef. 9-1-74
1EB 141, f. 10-5-72, ef. 10-15-72

Or. Admin. R. 581-021-0031 Vision Screening

(1) Definitions:

(a) “Education provider” means:

(A) Oregon prekindergarten as defined in OAR 581-019-0005 to 0035; and

(B) School district board as defined in ORS 332.002.

(b) “Eye examination” means an eye exam that:

(A) Is conducted by a person licensed by the Oregon Board of Optometry under ORS 683.010 to 683.340 a person licensed by the Oregon Medical Board under ORS 677 and trained in eye surgery and eye disease; and

(B) Involves any diagnosis of the eye and any measurement or assistance of the powers or range of vision of the eye.

(c) “Health care practitioner,” for the purposes of this rule, means a Physician (MD), Physician’s Assistant (PA), Doctor of Osteopathic Medicine (DO) licensed by the Oregon Medical Board, a Nurse Practitioner licensed by the Oregon State Board of Nursing, or a Naturopathic Physician licensed by the Board of Naturopathic Medicine.

(d) “Vision screening” means an eye screening test to identify potential vision health that is conducted by:

(A) A person licensed by the Oregon Board of Optometry under ORS 683.010 to 683.340;

(B) A person licensed by the Oregon Medical Board under ORS 677 and trained in eye surgery and eye disease;

(D) A school nurse, a licensed Registered Nurse or Nurse Practitioner working for a school district to provide school health services, or an employee of an education provider who has successfully completed training on vision screening that is provided by a school nurse or, a licensed Registered Nurse or Nurse Practitioner working for a school district to provide school health services ; or

(E) An organization that has been approved to provide vision screenings by the Department as provided in subsection (6) of this rule.

(e) “Vision Health Record,” for the purposes of this rule, has the same meaning as “Education Records” in OAR 581-021-0220(6).

(2) Each education provider must:

(a) Require a student who is age seven or younger and entering an educational program for the first time to submit certification within 120 days of the student beginning school, that the student received:

(A) A vision screening or an eye examination; and

(B) Any further eye examinations or necessary treatments or assistance of the powers or range of vision of the eye.

(b) If a child enters an educational program without certification of vision screening, provide the parent with informational resources about:

(A) Student vision screenings and eye examinations; and

(B) Any further examinations or necessary eye or vision treatments.

(d) Ensure that the requirements of this rule are met.

(3) A student is not required to submit certification required in subsection (2) of this rule if the student provides a statement from the parent of the child that:

(a) The student submitted certification to a prior education provider; or

(b) The student’s or parent’s religious beliefs are contrary to vision screening or eye examination.

(4) Failure by a student or parent to meet the requirements of this rule may not result in prohibiting the student from attending school, but may result in withholding report cards or similar actions.

(5) Certification of a vision screening or eye exam is documented using any written communication method selected by the screening entity to report results of the screening and/or eye exam to parents. The communication must include the:

(a) Child’s name;

(b) Vision screening and/or eye examination date;

(d) Name of the entity conducting the screening and/or eye exam.

(6) The Oregon Department of Education shall annually develop a list of organizations that are approved to perform vision screenings.

(a) The Department will post a Request for Information no later than March 31 of each year. The Request for Information will remain posted through June 30 of that calendar year. The Department will review and approve applications on a rolling basis, beginning as early as January 1 of each year and concluding July 31 of that calendar year.

(b) The Department will convene an advisory group to review applications and make recommendations to the Department. The advisory group will include:

(A) Representatives from the field of optometry and ophthalmology who have expertise in vision screening and experience in pediatric vision care;

(B) Representatives from the field of school health;

(C) Representatives from organizations that provide pediatric vision screening including at least one representative from a culturally specific organization.

(A) The organization must instruct all volunteers on how to perform vision screening using an established program which is evidence-based and uses medically accepted standards for screening by non-medically licensed persons, including volunteers;

(B) The organization must demonstrate compliance with the Family Educational Rights and Privacy Act of 1974 (FERPA); and

(C) The organization must use a vision screening method or tool that is designed to detect Hyperopia, Astigmatism, Anisometropia, Myopia, Strabismus, and Amblyopia.

(d) Once an organization has been approved by the Department, the organization may remain on the list for a period of three years.

(7) For each biennium that the Legislature appropriates money to the Department for the purpose of reimbursing education providers or an organization that has been approved to provide vision screenings by the Department as provided in subsection (6) of this rule for vision screening, the Department will administer reimbursements to education providers or an organization that has been approved to provide vision screenings by the Department as provided in subsection (6) of this rule. The Department shall administer the reimbursements as follows:

(a) Each biennium the Department will determine the amount of money available for reimbursement in a given year by dividing the total funds available for that biennium in half.

(b) Reimbursements will be made for vision screenings as defined in this rule.

(c) In the event that claims for reimbursement exceed the amount for available for a given year, the Department will prioritize claims for reimbursement as follows:

(A) Claims for reimbursement for pre-kindergarten programs and grades kindergarten through grade 3 shall be paid in full first. If the approved claims submitted for prekindergarten and grades K-3 exceed the amount available in a given year, the reimbursement shall be divided equally among the approved claims.

(B) Claims for reimbursement for students in grades 4-12 shall be paid from any remaining funds. Priority will be given to claims submitted by schools that serve the highest percentage of students experiencing poverty.

History

Statutory/Other Authority: ORS 336.211
Statutes/Other Implemented: ORS 336.211
ODE 13-2022, amend filed 03/24/2022, effective 03/24/2022
ODE 28-2021, temporary amend filed 09/22/2021, effective 09/22/2021 through 03/20/2022
ODE 1-2019, amend filed 01/02/2019, effective 01/02/2019
ODE 20-2014, f. & cert. ef. 6-3-14
ODE 16-2014(Temp), f. & cert. ef. 3-12-14 thru 9-8-14

Or. Admin. R. 581-021-0033 Interscholastic Activities Eligibility Requirement for Home School Students

(1) A home school student may participate in interscholastic activities in his or her resident district’s attendance area if the student meets all of the requirements of ORS 339.460 and:

(a) Achieves a composite test score that is not less than the 23rd percentile on any of the annual achievement tests listed in OAR 581-021-0026; and

(b) Submits the student’s composite test score to the district prior to participation in an interscholastic activity.

(2) Notwithstanding subsection (1)(b) of this rule, any public school student who chooses to be home schooled may participate in interscholastic activities while awaiting test score results.

(3) A school district may adopt alternative requirements, in consultation with the parent or legal guardian of a home school student, that a student must meet to participate in interscholastic activities, including but not limited to a requirement that a student submit a portfolio of work samples to a school district committee for review to determine whether a student is eligible to participate in interscholastic activities.

History

Statutory/Other Authority: ORS 339.460
Statutes/Other Implemented: ORS 339.460
ODE 19-2000, f. & cert. ef. 5-23-00
EB 2-1992, f. & cert. ef. 2-21-92
EB 15-1991(Temp), f. & cert. ef. 8-29-91

Or. Admin. R. 581-021-0037 Administration of Medication

(1) As used in this rule, definitions of terms shall be as follows:

(a) “Adrenal crisis” means adrenal crisis as defined in ORS 433.800.

(b) “Adrenal insufficiency” means adrenal insufficiency as defined in ORS 433.800.

(d) “Delegation” means a formal delegation of a nursing procedure by a registered nurse to district personnel in accordance with the Oregon Nurse Practice Act (OAR Chapter 851).

(e) "Designated personnel" means the school personnel designated and trained to administer medication pursuant to district policy and procedure.

(f) “District” means public school district, education service district, or charter school.

(g) “Drug” means drug as defined in ORS 689.005.

(h) “Medication” means medication as defined in ORS 339.867.

(i) “Nonprescription medication” means nonprescription drugs as defined in ORS 689.005.

(j) “Notice of a diagnosis of adrenal insufficiency” means written notice to the district from the parent or guardian of a student who has been diagnosed as adrenal insufficient with a copy of an order from the student’s primary care provider that includes the student’s diagnosis, description of symptoms indicating the student is in crisis, prescription for medication to treat adrenal insufficiency crisis, and instructions for follow-up care after medication to treat adrenal insufficiency crisis has been administered.

(k) “Prescriber” means a “Practitioner” as defined in ORS 689.005.

(l) “Prescription medication” means a “Prescription Drug” as defined in ORS 689.005. (m) "Severe allergy" means a severe allergy as defined in ORS 339.866.

(m) “Short-acting opioid antagonist,” means short-acting opioid antagonist as defined by ORS 689.800.

(2) Districts shall adopt policies and procedures that provide for:

(a) The administration of medication to students by designated personnel;

(b) Medications, including injectable medications, may be administered by district personnel as part of a formal delegation by a Registered Nurse.

(3) Policies or procedures for the administration of medication to students by designated personnel shall:

(a) Include a process to designate and supervise appropriate district personnel that takes into account when a student is in school, at a district-sponsored activity, under the supervision of district personnel, or in transit to or from school or district-sponsored activities;

(b) Ensure designated staff have received medication administration training and have access to a school nurse as per OAR 581-022-2220;

(c) Require designated personnel to successfully complete annual training on the administration of medication in accordance with the following requirements;

(A) Training for designated personnel must be provided by a person who is familiar with the delivery of health services in a school setting and who is:

(i) A Registered Nurse licensed by the Oregon State Board of Nursing; or

(ii) A prescriber.

(B) District shall use training developed by the Oregon Health Authority (OHA) for district personnel to administer epinephrine, glucagon, and medication to treat adrenal insufficiency as required in ORS 333.055, 433.810, 433.815, and 433.830;

(C) Training for designated personnel to administer medications to students must align with the ODE Medication Administration Training and at a minimum include a discussion of applicable district policy, procedures and materials, and include the following elements:

(i) Safe storage, administration, handling, and disposing of medications;

(ii) Accessibility of the medication during an emergency;

(iii) Record keeping;

(iv) Whether response to medication should be monitored by designated personnel and the role of designated personnel in such monitoring;

(v) Emergency medical response procedures following administration of the medication;

(vi) Confidentiality of health information; and

(vii) Assessment of gained knowledge.

(D) The first training for designated district personnel and every third training thereafter must be provided in-person. During subsequent years, designated district personnel may complete an online training so long as a trainer is available following the training to answer questions and provide clarification.

(E) An online training may qualify as “in-person” when these measures are met:

(i) Content is provided via synchronous, interactive online sessions with the trainer and learners visible on screen.

(ii) Trainers must be licensed and work within their scope of practice.

(iii) Include in-person, skills demonstration for training developed by the Oregon Health Authority for epinephrine, glucagon, and for medication to treat adrenal insufficiency.

(F) District shall maintain documentation of district personnel’s completion of training as required by OAR 166-400-0010; and

(G) In alignment with district board policy, any district personnel may be allowed to administer a non-injectable, short-acting opioid antagonist to any student or other individual on district premises who the personnel believe in good faith is experiencing an overdose of an opioid drug without receiving medication administration training.

(d) Permit designated personnel to administer prescription medication where:

(A) Because of its prescribed frequency or schedule, the medication must be given while in school, at a district-sponsored activity, while under the supervision of school personnel, and in transit to or from school or district-sponsored activities;

(B) The student’s parent or guardian has provided written permission. The district with written instruction for the administration of the medication from the prescriber that includes the name of the student, name of the medication, dosage, method of administration, frequency of administration, any other special instructions, and the signature of the prescriber. A prescription medication label prepared by a pharmacist at the direction of a prescriber shall be sufficient if all of the information required by this definition except for the prescriber’s signature is included.

(e) Permit designated personnel to administer nonprescription medication where:

(A) The nonprescription medication is necessary for the student to remain in school;

(B) The nonprescription medication is:

(i) Provided in the original manufacturer’s container by the student’s parent or guardian; or

(ii) Is part of a district’s stock medication program in compliance with the Oregon Board of Pharmacy rules including OAR 855-035-0005.

(C) The student’s parent or guardian has provided written instruction for the administration of the nonprescription medication that includes the name of the student, name of the medication, dosage, method of administration, frequency of administration, any other special instructions, and signature of the student’s parent or guardian. If the written instruction is not consistent with the manufacturer’s guidelines for the nonprescription medication, the written instruction must also include a written order allowing the inconsistent administration signed by a prescriber; and

(D) For nonprescription medication that is not approved by the Federal Drug Administration, a written order from the student’s prescriber that includes the name of the student, name of the medication, dosage, method of administration, frequency of administration, a statement that the medication must be administered while the student is in school, any other special instructions, and the signature of the prescriber.

(f) Include procedures for the administration of premeasured doses of epinephrine by the trained district personnel to any student or other individual on district premises who the personnel believe in good faith is experiencing a severe allergic reaction, regardless of whether the student or individual has a prescription for epinephrine as provided by ORS 433.815;

(g) Include procedures for the administration of medication by district personnel to treat a student who the personnel believe in good faith is experiencing symptoms of adrenal crisis. The procedures must provide that:

(A) Per ORS 339.869, only upon notice of a diagnosis of adrenal insufficiency as defined in this rule, the building administrator of the school the student attends will designate one or more district personnel to be responsible for administering medication to treat adrenal insufficiency in the event the student exhibits symptoms that district personnel believe in good faith indicate the student is experiencing symptoms of adrenal crisis;

(B) The designated personnel will successfully complete training to administer medication to treat a student who has adrenal insufficiency and is experiencing symptoms of adrenal crisis in accordance with rules adopted by the Oregon Health Authority;

(C) The student’s parent or guardian must provide adequate supply of the student’s prescribed medication to the district; and

(D) In the event that a student experiences symptoms of adrenal crisis and the designated personnel determines the medication to treat adrenal insufficiency should be administered, any available district personnel will immediately call 911 and the student’s parent or guardian.

(h) Address the following for the administration of medications including medications that are self-administered by students:

(A) Safe storage, accessibility of medications during an emergency, methods for administration, handling, and disposing of medications;

(B) Record keeping;

(C) Whether student response to medication should be monitored by designated personnel and the role of designated personnel in such monitoring;

(D) Emergency medical response for life threatening side effects and allergic reactions, including the administration of premeasured doses of epinephrine;

(E) Initiating emergency medical response when epinephrine or a short-acting opioid antagonist is administered to any student or other individual on district premises is administered; and

(F) Confidentiality of student health information contained within the education record.

(4) Policies and procedures for the administration of medication by a student to themselves without assistance from designated personnel shall:

(a) Permit a student to administer prescription or nonprescription medication to themselves where the student can demonstrate the ability, developmentally and behaviorally, to self- administer medication and has permission to self-administer medication from a school building administrator, and a prescriber or registered nurse practicing in a district setting;

(b) Require parental or guardian consent;

(c) For nonprescription medication that is not approved by the Federal Drug Administration, require a written order from the student’s prescriber that includes the name of the student, name of the medication, dosage, method of administration, frequency of administration, a statement that the medication must be administered while the student is in school, at a district-sponsored activity, under the supervision of district personnel, or in transit to or from school or district-sponsored activities, any other special instructions, and the signature of the prescriber;

(d) Require that backup medication, if provided by a student’s parent or guardian, be kept at the student’s school in a location to which the student has immediate access in the event the student has an asthma or severe allergy emergency per ORS 339.866;

(e) Include process for a district to revoke its permission for a student to self-administer medication if the student does not responsibly self-administer the medication or abuses the use of the medication; and

(f) Include a process for determining if or when a student may self-carry prescription medication when the student has not been approved to self-administer medication.

(5)(a) A district may adopt policies and procedures to allow school district personnel to administer a short-acting opioid antagonist medication to any student or other individual who the district personnel believe in good faith is experiencing an overdose of an opioid drug.

(b) A district shall provide to the parent or legal guardian of each minor student enrolled in a school in the district information regarding short-acting opioid antagonists. The information described in this subsection must include at least:

(A) A description of short-acting opioid antagonists and their purpose;

(B) A statement regarding, in an emergency situation, the risks of administering to an individual a short-acting opioid antagonist and the risks of not administering to an individual a short-acting opioid antagonist;

(C) A statement identifying which schools in the district, if any, will have short-acting opioid antagonists, and the necessary medical supplies to administer short-acting opioid antagonists, on site and available for emergency situations; and

(D) A statement that a representative of a district may administer to a student a short –acting opioid antagonist in an emergency if the student appears to be unconscious and experiencing an opioid overdose.

(c) A school district board shall ensure that the parent or legal guardian of a minor student enrolled in a school within the school district is immediately notified when a short-acting opioid antagonist is administered to the student if the short-acting opioid antagonist is administered while the student is at school, on school property under the jurisdiction of the school district or at any activity under the jurisdiction of the school district.

(6) District personnel shall not recommend to a parent or legal guardian of a student that the student seek a prescription for a medication that is prescribed with the intent of affecting or altering the thought processes, mood or behavior of the student.

(7) District personnel shall not require a child to obtain a prescription for a substance covered by the Controlled Substances Act, 21 U.S.C. 801 et seq., as a condition of attending school, receiving an evaluation to determine eligibility for Section 504 of the Rehabilitation Act of 1973, early childhood special education or special education under ORS chapter 343 or receiving early childhood special education or special education services.

(8) District shall allow the application of and use by students of nonprescription sunscreen, including sunscreen that contains para-aminobenzoic acid, without any required documentation from a licensed health care professional per ORS 339.874.

(9) A registered nurse who is employed by a district or a local public health authority as defined in ORS 431.003 to provide nursing services at a district may accept an order from a physician licensed to practice medicine or osteopathy in another state or territory of the United States if the order is related to the care or treatment of a student who has been enrolled at the district for not more than 90 days.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 339.866, ORS 339.867, ORS 339.869, ORS 339.870, ORS 339.871, ORS 339.873, ORS 339.874 & ORS 678.038
ODE 30-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 48-2020, amend filed 11/24/2020, effective 11/24/2020
ODE 15-2020, amend filed 04/23/2020, effective 04/23/2020
ODE 20-2017, amend filed 11/07/2017, effective 11/07/2017
ODE 10-2017, f. & cert. ef. 6-29-17
ODE 19-2016, f. & cert. ef. 3-22-16
ODE 21-2014, f. & cert. ef. 6-3-14
ODE 4-2010, f. & cert. ef. 3-18-10
ODE 17-2009, f. & cert. ef. 12-10-09
ODE 8-2005, f. & cert. ef. 3-23-05
ODE 10-1999, f. & cert. ef. 2-12-99
ODE 6-1998, f. & cert. ef. 4-23-98
ODE 3-1998(Temp), f. & cert. ef. 2-27-98 thru 8-25-98

Or. Admin. R. 581-021-0038 Minimum Requirements for School District Sexual Harassment Policies

(1) For purposes of this rule:

(a) “District” includes school district, education service district, and public charter school.

(b)(A) “Sexual harassment” includes:

(i) A demand or a request for sexual favors in exchange for beneﬁts.

(ii) Unwelcome conduct of a sexual nature that is physical, verbal, or nonverbal and that:

(I) Interferes with a student’s educational activity or program;

(II) Interferes with a school or district staﬀ member’s ability to perform their job; or

(III) Creates an intimidating, oﬀensive, or hostile environment.

(iii) Assault, when sexual contact occurs without consent .

(B) “Sexual harassment” does not include:

(i) Conduct that is necessary because of a job duty of a school or district staﬀ member or because of a service required to be provided by a contractor, agent, or volunteer, if the conduct is not the product of sexual intent.

(ii) A person ﬁnding another person, or another person's actions, oﬀensive because of that other person’s sexual orientation or gender identity.

(A) On or immediately adjacent to school grounds or district property;

(B) At a school-sponsored or district-sponsored activity or program; or

(C) Oﬀ school grounds or district property if a student or a school or district staﬀ member acts toward the person in a manner that creates a hostile environment for the person in an environment described in subparagraphs (A) and (B) of this paragraph.

(d) “Without consent” means an act performed: Without the knowing, voluntary and clear agreement by all parties to participate in the speciﬁc act; or

(A) When a person who is a party to the act is:

(i) Incapacitated by drugs or alcohol;

(ii) Unconscious; or

(iii) Pressured through physical force, coercion or explicit or implied threats to participate in the act.

(2) It is the policy of the Oregon State Board of Education that all students, staﬀ members, and other persons in Oregon schools are entitled to learn and work in an environment that is free of harassment. To that end, sexual harassment will not be tolerated in Oregon schools.

(3) School districts shall adopt policies that meet the requirements set forth in subsection (5) of this rule that address the sexual harassment of:

(a) Students by school and district staﬀ members or by other students;

(b) School and district staﬀ members by students or by other staﬀ members; and

(4) Polices adopted pursuant to this rule must be:

(a) Published in the school or district student handbook;

(b) Published on the school or district website;

(d) Posted on a sign in all schools teaching a grade between grade 6 and 12, on a sign that is at least 8.5 by 11 inches in size; and

(e) Made available upon request to students, parents of students, school and district staﬀ members, and third parties.

(5) A policy adopted pursuant to this rule must include, but is not limited to, the following requirements:

(a) A statement of the district’s commitment to eliminate sexual harassment;

(b) All students and school and district staﬀ are subject to the policy;

(d) Examples of the kinds of harassing behaviors covered by the policy;

(e) The name and position of each employee responsible for accepting and managing complaints of harassment covered by the policy and how to contact the employee or employees;

(f) A requirement that when a school or district staﬀ member becomes aware of behavior that may violate the policy, the staﬀ member shall report the behavior to a district oﬃcial, and a requirement that the district oﬃcial shall take any action necessary to ensure that the impacted person is protected and to promote a nonhostile work and learning environment, including:

(A) Providing resources and support measures to the impacted person; and

(B) Taking any action that is necessary to remove the potential future impact on the impacted person, provided that the action is not retaliatory against the impacted person or the staﬀ member who reported the behavior;

(g) The initiation of a complaint, reporting of behavior, or participation in an investigation, in good faith about behavior that may violate the policy may not adversely aﬀect:

(A) The educational assignments or educational environment of a student or other person initiating the complaint, reporting the behavior, orparticipating in the investigation;

(B) Any terms or conditions of employment or of work or educational environment of a school or district staﬀ member or other person initiating the complaint, reporting the behavior, or participating in the investigation;

(h) A requirement that students who initiate a complaint or otherwise report harassment covered by the policy or who participate in an investigation may not be disciplined for violations of the district’s drug and alcohol policies that occurred in connection with the reported prohibited conduct and that were discovered because of the report or investigation, unless the student gave another person alcohol or drugs without the person’s knowledge and with the intent of causing the person to become incapacitated and vulnerable to the prohibited conduct.

(i) When a student, staﬀ member, or third party ﬁles a complaint under the policy, the district must provide notice as required by subsection (6) to:

(A) Each reporting person;

(B) If appropriate, any impacted person who is not a reporting person;

(D) Where applicable, a parent or legal guardian of a reporting person, impacted person, or reported person.

(j) Each person receiving notice under paragraph (i) of this subsection shall be notiﬁed when the investigation is initiated and is concluded, and whether a violation of the policy was found to have occurred following the investigation, to the extent allowable under state and federal student conﬁdentiality laws;

(k) All complaints about behavior that may violate the policy shall be investigated;

(l) Identiﬁcation of the means the district will use to investigate incidents of harassment covered by the policy;

(m) Procedures to address sexual harassment of students or school or district staﬀ members by third parties;

(n) Standards for determining whether a hostile environment exists;

(o) Remedial action the district will take to stop harassment covered by the policy and prevent reoccurrence; and

(p) Prohibition of retaliation against persons who initiate a complaint or otherwise report harassment covered by the policy or who participate in an investigation or other related activities.

(6) Written notiﬁcation required under subsection (5)(i) must include, but is not limited to:

(a) Name and contact information for all persons designated by the district to receive complaints;

(b) The rights of the person;

(c) Information about the privacy rights of the person and legally recognized exceptions to those privacy rights for internal complaint processes and services available through the school or school district;

(d) Information about the complaint process, including any applicable timelines;

(e) Notice that civil and criminal remedies that are not provided by the school or district may be available to the person through the legal system, and that those remedies may be subject to statutes of limitation;

(f) Information about services available to the person through the district, including any counseling services, nursing services, or peer advising;

(g) Information about and contact information for support services available to the person, including:

(A) For the reporting person, state and community-based resources for persons who have experienced sexual harassment; or

(B) For the reported persons, information about and contact information for state and community-based mental health services;

(h) Notice of the prohibitions of discipline as described in subsection (5)(h); and

(i) Notice of prohibition of retaliation;

(7) The Department of Education will provide technical assistance, including assistance in the development of appropriate training, to districts upon request in the development of appropriate sexual harassment policies as required by this rule.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 342.700 - 342.708
ODE 3-2024, amend filed 02/16/2024, effective 02/16/2024
ODE 32-2020, amend filed 06/29/2020, effective 06/29/2020
ODE 6-2019, amend filed 01/22/2019, effective 01/22/2019
ODE 34-2018, temporary amend filed 10/31/2018, effective 11/01/2018 through 04/29/2019
ODE 14-1999, f. & cert. ef. 8-13-99

Or. Admin. R. 581-021-0041 Form and Protocol for Sports Physical Examinations

(1) The State Board of Education adopts by reference the form entitled "School Sports Pre- Participation Examination” dated April, 2023. The form sets out the protocol for conducting the physical examination required for students who participate in extracurricular sports in grades 7 through 12 and must be used to document the physical examination. The form may be used in either a hard copy or electronic format.

(2)(a) Medical providers conducting physicals of students who participate in extracurricular sports in grades 7 through 12 must use the School Sports Pre-Participation Form.

(b) Medical providers may use their electronic health records systems to produce the electronic form.

(c) If the form is produced from an electronic medical record, the form must contain the following statement above the medical provider’s signature line:

This form is an exact duplicate of the current form required by the State Board of Education containing the same history questions and physical examination findings. I have also reviewed the "Suggested Exam Protocol”.

(3) The completed forms must be returned to the school district following the examination.

(4) Medical providers conducting physicals on or after May 1, 2018 and prior to May 1, 2023 must use the form dated May, 2017.

(5) Medical providers conducting physicals on or after May 1, 2023 and prior to May 1, 2024 may use either the form dated May 2017 or the form dated April 2023.

(6) Medical providers conducting physicals on or after May 1, 2024 must use the form dated April 2023.

NOTE: The form can be found on the Oregon School Activities Association (OSAA) website: www.osaa.org

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 336.479
ODE 20-2023, amend filed 10/18/2023, effective 10/18/2023
ODE 6-2017, f. & cert. ef. 5-4-17
ODE 14-2010, f. & cert. ef. 11-15-10
ODE 9-2010(Temp), f. & cert. ef. 6-30-10 thru 11-26-10
ODE 8-2010, f. & cert. ef. 5-27-10
ODE 4-2005, f. & cert. ef. 2-14-05
ODE 29-2004(Temp), f. & cert. ef. 9-15-04 thru 2-25-05
ODE 24-2002, f. & cert. ef. 11-15-02

Or. Admin. R. 581-021-0043 Displaying Sovereign Tribal Government’s Flags in Public Schools

(1) As used in this section, “Oregon Sovereign tribal governments” means a federally recognized tribal government located in the state of Oregon.

(2) Upon request from an Oregon sovereign tribal government, a flag representing the sovereign tribal government must be displayed on, near, or within a school building, under the control of the school district board during school hours.

(3) The location of the flag will be determined by school district in consultation with the requesting sovereign tribal government.

(4) A school district may not charge for displaying the flag.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 31-2016, f. & cert. ef. 4-28-16
ODE 13-2016, f. & cert. ef. 2-5-16

Or. Admin. R. 581-021-0045 Discrimination Prohibited

(1) For purposes of this rule and OAR 581-021-0046:

(a) “Disability” includes a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such an impairment.

(b) “Discrimination” means any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on age, disability, national origin, race, color, marital status, religion, sex, sexual orientation, or gender identity;

(A) A school district, an education service district, a public charter school, a Youth Corrections Education Program provider under contract with the department, a Juvenile Detention Education Program provider under contract with the department, or a program that receives moneys pursuant to ORS 343.243; and

(B) Any educational agency, program, or service under the jurisdiction of an entity described in subparagraph (A) of this paragraph.

(d) “National origin” includes:

(A) An individual’s or individual’s parent’s or guardian’s actual or perceived place of origin;

(B) Latinx/a/o/e and other protected class ethnicities, including Afro-Latinx/a/o as defined in OAR 581-017-0693, Central American as defined in OAR 581-017-0693, Indigenous as defined in OAR 581-017-0693, and South American as defined in OAR 581-017-0693;

(C) An individual’s actual or perceived religious or cultural ancestry that the individual associates with their personal identity;

(D) Physical characteristics that are historically associated with a place of origin, protected class ethnicity, or religious or cultural ancestry, including but not limited to individuals who identify as Syrian, Muslim, Middle Eastern, Arab, Sikh, and Jewish; and

(E) An individual whose first spoken language is not English or who is not proficient in speaking English or who is under the custody of a parent or guardian whose first spoken language is not English or who is not proficient in speaking English.

(e) “Gender identity” means an individual’s gender-related identity, appearance, expression , or behavior, regardless of whether the identity, appearance, expression , or behavior differs from that associated with the gender assigned to the individual at birth.

(f) “Protective hairstyle” means a hairstyle, hair color, or manner of wearing hair that includes, but is not limited to, locs, twists, and braids, regardless of whether the braids are created with extensions or styled with adornments.

(g) “Public Charter School” means an elementary or secondary charter school offering a comprehensive instructional program operating under a written agreement entered into between a sponsor and an applicant pursuant to ORS chapter 338.

(h) “Race” includes:

(A) Black, African American, American Indian, Alaska Native, Asian, Native Hawaiian, Pacific Islander, other protected races, and multiracial individuals; and

(B) Physical characteristics that are historically associated with race, including but not limited to any natural hair, hair texture, hair type, or protective hairstyle associated with race.

(i) “Sex” includes male (M), female (F), and non-binary (X).

(j) “Sexual orientation” means an individual’s actual or perceived heterosexuality, homosexuality, or bisexuality.

(k) “Sponsor” means:

(A) The board of the common school district or the union high school district in which the public charter school is located that has developed a written charter to create a public charter school.

(B) The State Board of Education pursuant to ORS 338.075.

(2) A person in Oregon may not be subjected to discrimination in any public elementary or secondary school, educational program or service, or interschool activity where the program, service, school, or activity is financed in whole or part by monies appropriated by the Oregon Legislative Assembly.

(3) In providing programs or services to students, a district may not, on a discriminatory basis as defined in subsection (1)(a) of this rule:

(a) Treat one person differently from another in determining whether such person satisfies any requirement or condition for the provision of anaid, benefit, or service;

(b) Provide different aid, benefits, or services, or provide aids, benefits, or services in a different manner;

(d) Subject any person to separate or different rules of behavior, sanctions, or other treatment;

(e) Aid or perpetuate discrimination by joining or remaining a member of any agency or organization which discriminates in providing any aid, benefit, or service to students or employees;

(f) Otherwise limit any person in the enjoyment of any right, privilege, advantage, or opportunity.

(4)(a) A district must issue notice of nondiscrimination for the purpose of notifying students, staff, and third parties that the district does not discriminate on the basis of age, disability, national origin, race, color, marital status, religion, sex, sexual orientation, and gender identify.

(b) Notice of nondiscrimination as required by this subsection must:

(A) Be continuously available on the district website, accessible either by a direct link on the front page of the website or by a direct link on the footer of every page of the website.

(B) Be posted in multiple locations, including but not limited to public-facing documents such as staff and student handbooks, annual publications, official school board documents, bulletins, graduation announcements, catalogs, recruitment materials, and school related applications.

(D) Be disseminated annually to staff, students, and families of students as an individual notice that is accessible and written in plain language.

(E) Contain:

(i) A statement of nondiscrimination that specifies the basis for nondiscrimination being age, disability, national origin, race, color, marital status, religion, sex, sexual orientation, and gender identity;

(ii) The contact information of each civil rights coordinator designated pursuant to OAR 581-021-0655 and each coordinator designated pursuant to Title IX of Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990, including their name or title, work address, email address, and telephone number; and

(iii) A link to or the web address for the district’s discrimination complaint process and procedures.

(5) This rule does not affect attendance boundaries, limit placement of students in programs of desegregation, nor supersede any specific statutory requirement for any educational program.

History

Statutory/Other Authority: ORS 326 & ORS 659.855
Statutes/Other Implemented: ORS 326.051 & ORS 659.850
ODE 27-2024, amend filed 05/22/2024, effective 05/22/2024
ODE 8-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 39-2021, amend filed 12/29/2021, effective 12/29/2021
ODE 11-2019, amend filed 03/25/2019, effective 03/25/2019
ODE 13-2008, f. & cert. ef. 5-23-08
1EB 11-1984, f. & ef. 4-17-84
1EB 252, f. & ef. 9-30-76

Or. Admin. R. 581-021-0046 Program Compliance Standards

(1) The definitions in OAR 581-021-0045 apply to this rule.

(2) Access to Course Offerings. A district shall not provide any course or otherwise carry out any of its educational programs or activities on a discriminatory basis or require or refuse participation therein by any of its students on such basis:.

(a) This section does not prohibit grouping of students in any educational program or activity by ability as assessed by objective standards of individual performance;.

(b) Where use of an objective standard of measuring skill or progress in an educational program has a discriminatory effect on persons as defined in OAR 581-021-0045, the district shall use appropriate standards which do not have such effect;.

(c) This section does not prohibit separating students by sex within physical education classes or activities during participation in wrestling, boxing, rugby, ice hockey, football, basketball, soccer, and other sports the purpose or major activity of which involves bodily contact.

(3) Employment Assistance. A district which actively assists any agency, organization, or person in making employment available to any of its students shall assure itself that such employment is made available without discrimination.

(4) Marital Status. A district shall not discriminate against any student or exclude any student from its educational program or activity including any class or extracurricular activity on the basis of the student's marital status; however the student may request voluntarily to participate in a separate portion of the program or activity of the district.

(5) Athletics. A district which operates or sponsors interscholastic club or intramural athletics shall provide equal athletic opportunity for members of all sexes, all age and ethnic groups, and persons with disabilities. In determining whether equal opportunities are available, the Superintendent of Public Instruction shall consider among other factors whether the selection of sports and levels of competition effectively accommodate the interests and abilities of all students.

(6) Students Unable to Attend Because of Religious Beliefs. Any student who because of his or her religious beliefs is unable to attend classes on a particular day shall be excused from attendance requirements and from any examination or other assignment on that day. The student shall make up the examination or other assignment missed because of such absence. The absence shall not be counted for the purpose of an attendance policy that may result in exclusion, failure, or reduction of grade based upon a certain number of days.

(7) Textbooks and Curriculum Material. Nothing in this rule shall be interpreted as requiring or prohibiting or abridging in any way the use of adopted textbook or curriculum material. However, where materials are found upon investigation to provide discriminatory impact on the basis of age, disability, national origin, race, color, marital status, religion, sex, sexual orientation, or gender identity, there should be established resources for employees and students of the district for supplemental alternative nondiscriminatory material.

(8) Use of Appraisal and Counseling Materials. A district which uses testing or other materials for appraising or counseling students shall not use materials which discriminate on the basis of age, disability, national origin, race, color, marital status, religion, sex, sexual orientation, or gender identity, or use materials which permit or require different treatment of students on such basis unless such differences cover the same occupation and interest areas and the use of such different material is shown to be essential to the elimination of discrimination. Districts shall develop and use internal procedures for insuring that such materials may not discriminate.

(9) Bilingual or Linguistically Different Students. Districts shall develop and implement a plan for identifying students whose primary language is other than English and shall provide such students with appropriate programs until they are able to use the English language in a manner that allows effective and relevant participation in regular classroom instruction and other educational activities.

(10) Equal Educational Opportunity Plans. Districts shall develop and implement a plan which assures that all students have equal opportunity to participate in the educational programs and activities and equal access to facilities in the district. Said plan shall include courses and components which provide students with an understanding of the pluralistic realities of their society, including multi-cultural/racial/ethnic education and equity in portraying all classes protected under ORS 659.550. Upon the request of the Superintendent of Public Instruction, districts shall submit copies of such plans and other assurances as are deemed necessary and proper.

(11) Dress Code. If a district has a formal or informal dress code policy, the policy must:

(a) Not discriminate against members of a protected class, including age, disability, national origin, race, color, marital status, religion, sex, sexual orientation, and gender identity;

(b) Be gender-affirming, racially affirming, and culturally affirming;

(c) Provide, on a case-by-case basis, for reasonable accommodation of an individual based on the health and safety needs of the individual; and

(d) When revised, be revised with input from members of protected classes, including age, disability, national origin, race, color, marital status, religion, sex, sexual orientation, and gender identity.

(12) Interpretation of Rules. The Superintendent of Public Instruction may issue written interpretations concerning rules for nondiscrimination upon the written request of parties to a complaint at the district level.

History

Statutory/Other Authority: ORS 326 & 659. 855
Statutes/Other Implemented: ORS 326.051 & 659.850
ODE 8-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 39-2021, amend filed 12/29/2021, effective 12/29/2021
ODE 13-2008, f. & cert. ef. 5-23-08
1EB 11-1984, f. & ef. 4-17-84
1EB 252, f. & ef. 9-30-76

Or. Admin. R. 581-021-0047 Prohibits Public Schools from using Native American Mascots

(1) As used in this section:

(a) “Federally recognized Native American Tribe” means the following:

(A) The Confederated Tribes of the Warm Springs Indian Reservation.

(B) The Confederated Tribes of the Umatilla Indian Reservation.

(D) The Confederated Tribes of Siletz Indians of Oregon.

(E) The Confederated Tribes of the Grand Ronde.

(F) The Cow Creek Band of Umpqua Indians.

(G) The Confederated Coos, Lower Umpqua and Siuslaw Tribes.

(H) The Klamath Tribe.

(I) The Coquille Tribe.

(b) “Native American mascot” means a name, symbol or image that depicts or refers to an American Indian Tribe, individual, custom or tradition that is used by a public school as a mascot, nickname, logo, letterhead or team name.

(c) “Public school” means a school or program operated by a school district, education service district or public charter school.

(2) To ensure that all public schools are in compliance with ORS 659.850 which prohibits discrimination in public schools, on or after July 1, 2017, the use of any Native American mascot by a public school is prohibited. This prohibition includes the use of team names such as “Redskins,” “Savages,” “Indians,” “Indianettes,” “Chiefs,” “Chieftains,” and “Braves,” except as provided in subsection (4).

(3)(a) A public school may continue to use the team name “Warriors” as long as it is not combined with a symbol or image that depicts or refers to an American Indian Tribe, individual, custom or tradition. This paragraph does not apply to those public schools that enter into agreements pursuant to subsection (4) of this section.

(b) Except as provided in subsection (4) of this section, a public school may continue to use a mascot that may be associated with Native American culture, custom or tradition if the mascot depicts an animal or other image that is not an individual. Examples of such mascots include team names and images such as the “Thunderbirds”, “White Buffalo” and “Eagles.”

(4)(a) Pursuant to ORS 332.075, a public school may use a mascot including those prohibited under section (2) that represents, is associated with or is significant to a Native American Tribe only if the public school enters into an approved written agreement with that federally recognized Native American Tribe in Oregon that meets the requirements of this subsection.

(b) A mascot may only be considered under this subsection to represent, be associated with or be significant to a tribe if all of the following requirements are met:

(A) The tribe entering into the agreement determines that the district’s mascot represents, is associated with or is significant to the tribe; and

(B) The public school at which the mascot is used is located within the traditional area of interest of the tribe that enters into the agreement.

(c) Any agreement entered into under this subsection shall only be in effect if the public school continues to use a mascot that represents, is associated with or is significant to the Native American Tribe. Nothing in this subsection shall be construed to prevent a public school from changing their mascot to one that is not a Native American mascot.

(d) At least 60 days prior to entering into an agreement under this subsection, a public school must notify the State Board of Education as to which tribe the public school is intending to enter into an agreement with regarding the use of a mascot. If the public school does not enter into an agreement with the tribe listed in the notice, the public school may not enter into an agreement with another tribe relating to the mascot for five years from the date of the notice to the State Board of Education.

(e) A public school must conduct a public hearing relating to the agreement and give opportunity for members of the public to provide written and oral comments to the public school about the agreement. The public hearing must be conducted prior to the public school entering into the agreement.

(f) To be a valid agreement under ORS 332.075 and this rule, an agreement entered into under this subsection must:

(A) Be approved by the board of the public school and contain the signature of the board chairperson;

(B) Be approved by the tribal government of a Native American Tribe and contain the signature of the chairperson of the tribal council or other tribal leader designated by the tribe; and

(g) An agreement entered into under this subsection must contain a declaration by the tribe that the mascot represents, is associated with or is significant to the tribe and at a minimum:

(A) A description of the acceptable uses of the mascot that the public school is using. The description must include the name of the mascot and pictures depicting any image, logo or letterhead that is deemed as an acceptable use;

(B) A description of how American Indian/Alaska Native history and culture will be included in the curriculum of the public school;

(D) The time period of the agreement which may not exceed 10 years;

(E) A review of the agreement by the tribe and public school at least once every five years;

(F) A description of how disputes and complaints relating to the agreement will be resolved;

(G) The process for renewal of the agreement which must include approval by the public school governing body, tribal government and State Board of Education and be consistent with this subsection;

(H) A copy of school policies adopted in accordance with ORS 339.356 that address complaints based on harassment, intimidation or bullying and cyberbullying and a description of how the policies are distributed to parents and students who attend the public school; and

(I) A copy of school policies adopted in accordance with OAR 581-021-0049 that address complaints based on race, color, religion, sex, sexual orientation, national origin, marital status, age or disability and a description of how the policies are distributed to parents and students who attend the public school;

(h) The State Board of Education shall approve an agreement if the agreement meets the requirements of ORS 332.075 and this rule.

(i) A tribe that previously entered into an agreement may revoke the agreement prior to the end of the agreement. The tribe shall inform the State Board of Education of the revocation within fifteen (15) days of revocation.

(5) Nothing in this rule shall be construed to prohibit a public school from:

(a) Displaying art work, historical exhibits or other cultural educational exhibits or conducting educational programs related to Native Americans as long as the display or program is not associated with a Native American mascot. The display or program may be associated with a Native American mascot if the public school has entered into an agreement with a Native American tribe under this section and the display or program is allowed under the agreement;

(b) Honoring the contributions of Native Americans by naming a school, building or program after a Native American.

(6) Each school district, education service district or sponsor of a public charter school shall notify:

(a) On or before January 1, 2013, the Department of Education if any school operated by the district or sponsor uses a Native American Mascot; and

(b) On or before July 1, 2017, the Department of Education when a new mascot is adopted for the public school.

(7) The Superintendent of Public Instruction shall find any school district, education service district or public charter school that violates this section to be in noncompliance with the discrimination prohibitions under ORS 659.855. Pursuant to ORS 659.855, the Superintendent may immediately withhold all or part of state funding from the school district, education service district or public charter school.

History

Statutory/Other Authority: ORS 326.051, 659.850 & 659.855
Statutes/Other Implemented: ORS 326.051, 338.115, 659.850 & 659.855
ODE 15-2016, f. & cert. ef. 3-22-16
ODE 16-2012, f. 6-8-12, cert. ef. 6-11-12

Or. Admin. R. 581-021-0050 Minimum Standards for Student Conduct and Discipline

(1) School district boards shall prepare written rules of pupil conduct and discipline that shall include, but not necessarily be limited to, the following topics:

(a) Assembly of students;

(b) Dress and grooming;

(d) Search and seizure;

(e) Attendance;

(f) Freedom of expression;

(g) Alcohol, drugs, and tobacco;

(h) Student records;

(i) Discipline, suspension, and expulsion.

(2) School district rules pertaining to these topics shall include statements on student rights, responsibilities, and conditions which create a need for these rules.

History

Statutory/Other Authority: ORS 339
Statutes/Other Implemented: ORS 339.240
EB 18-1990, f. & cert. ef. 4-5-90
Reverted to 1EB 252, f. & ef. 9-30-76
EB 26-1989(Temp), f. & cert. ef. 9-8-89
1EB 252, f. & ef. 9-30-76
1EB 230, f. & ef. 6-4-76
1EB 132, f. 5-19-72, ef. 6-1-72

Or. Admin. R. 581-021-0055 Standards of Conduct

(1) Students shall comply with the written rules of the school district board, pursue the prescribed course of study, submit to the lawful authority of teachers and school officials, and conduct themselves in an orderly fashion.

(2) Students shall be liable to discipline, suspension, or expulsion for misconduct, including but not limited to:

(a) Theft;

(b) Disruption of the school;

(d) Damage or destruction of private property on school premises or during a school activity;

(e) Assault or threats of harm;

(f) Unauthorized use of weapons or dangerous instruments;

(g) Unlawful use of drugs, narcotics, or alcoholic beverages;

(h) Persistent failure to comply with rules of the lawful directions of teachers or school officials.

History

Statutory/Other Authority: ORS 339
Statutes/Other Implemented: ORS 339.250
1EB 230, f. & ef. 6-4-76
1EB 132, f. 5-19-72, ef. 6-1-72

Or. Admin. R. 581-021-0060 Discipline Procedures, Prohibition of Corporal Punishment

(1) School district boards shall establish fair and reasonable procedures for discipline, suspension, or expulsion.

(2) No student in Oregon shall be subjected to corporal punishment in any public elementary or secondary school. A school administrator is not authorized to waive the prohibition against corporal punishment based upon the request of a parent or guardian.

History

Statutory/Other Authority: ORS 339
Statutes/Other Implemented: ORS 339.250
EB 19-1990, f. & cert. ef. 4-5-90
Reverted to 1EB 259, f. 1-31-77, ef. 2-1-77
EB 27-1989(Temp), f. & cert. ef. 9-8-89
1EB 259, f. 1-31-77, ef. 2-1-77
1EB 132, f. 5-19-72, ef. 6-1-72

Or. Admin. R. 581-021-0061 Corporal Punishment

(1) Corporal punishment is any act which willfully inflicts or willfully causes the infliction of physical pain on a student.

(2) Corporal punishment does not include physical pain or discomfort resulting from or caused by:

(a) Training for or participation in athletic competition voluntarily engaged in by a student;

(b) Recreational activity voluntarily engaged in by a student;

(c) Physical exertion shared by all students in a teacher directed class activity, which may include, but is not limited to, physical education exercises, field trips, or vocational education projects; or

(d) Physical restraint or seclusion when used as provided in ORS 339.291 and OAR 581-021-0553.

History

Statutory/Other Authority: ORS 339
Statutes/Other Implemented: ORS 339.250
ODE 5-2015, f. & cert. ef. 3-11-15
ODE 17-2006, f. 12-11-06, cert. ef. 12-12-06
EB 20-1990, f. & cert. ef. 4-5-90
ED 25-1989(Temp), f. & cert. ef. 9-8-89

Or. Admin. R. 581-021-0065 Suspension

(1) Students may be suspended when such suspension contains within its procedures the elements of prior notice (OAR 581-021-0075), specification of charges, and an opportunity for the student to present his or her view of the alleged misconduct. The suspending official shall notify the student's parent or guardian of the suspension, the conditions for reinstatement, and appeal procedures, where applicable. These procedures may be postponed in emergency situations relating to health and safety.

(2) Emergency situations shall be limited to those instances where there is a serious risk that substantial harm will occur if suspension does not take place immediately.

(3) School district boards shall provide students suspended under emergency conditions with the rights outlined in section (1) of this rule as soon as the emergency condition has passed.

(4) In all suspensions ordered by the executive officer of the school district or designated representative, the district school board shall have the right of final review if the action is not taken by the school board itself.

(5) School district boards shall limit suspension to a specific maximum number of days. That maximum shall not exceed ten school days.

(6) School district boards shall adopt policies that require consideration of the age of a student and the past pattern of behavior of a student prior to imposing the suspension or expulsion of a student. For students in fifth grade or lower, the policies must limit the use of out-of-school suspension to the following circumstances:

(a) for non-accidental conduct causing serious physical harm to a student or school employee;

(b) when a school administrator determines, based upon the administrator’s observation or upon a report from a school employee, that the student’s conduct poses a direct threat to the health or safety of students or school employees; or

(7) When an out of school suspension is imposed for a student who is fifth grade or younger, district policies must require schools to take steps to prevent the recurrence of the behavior that led to the out-of-school suspension and return the student to a classroom setting so that the disruption of the student’s academic instruction is minimized.

(8) School district boards or designated representatives shall specify the methods and conditions, if any, under which the student's school work can be made up. Students shall be allowed to make up school work upon their return from the suspension if that work reflects achievement over a greater period of time than the length of the suspension. For example, the students shall be allowed to make up final, mid-term, and unit examinations, without an academic penalty, but it is within the districts' discretion as to whether the students may be allowed to make up daily assignments, laboratory experiments, class discussions or presentations.

(9) In special circumstances a suspension may be continued until some specific pending action occurs, such as a physical or mental examination, or incarceration by court action.

History

Statutory/Other Authority: ORS 339.240
Statutes/Other Implemented: ORS 339.240, 339.250 & 339.260
ODE 5-2016, f. & cert. ef. 2-5-16
ODE 17-2006, f. 12-11-06, cert. ef. 12-12-06
EB 11-1996, f. & cert. ef. 6-26-96
EB 18-1991, f. & cert. ef. 9-9-91
1EB 230, f. & ef. 6-4-76
1EB 132, f. 5-19-72, ef. 6-1-72

Or. Admin. R. 581-021-0070 Expulsion

(1) Each district school board shall adopt written policies that limit the use of expulsion to the following circumstances:

(a) For conduct that poses a threat to the health or safety of students of school employees;

(b) When other strategies to change student conduct have been ineffective, except that expulsion may not be used to address truancy; or

(d) In addition to any limitations imposed by paragraphs (a) to (c) of this subsection, board policies must limit the use of expulsion for students in fifth grade or lower to the following circumstances:

(i) For nonaccidential conduct causing serious physical harm to a student or school employee;

(ii) When a school administrator determines, based upon the administrator’s observation or upon a report from a school employee, that the student’s conduct poses a direct threat to the health or safety of students or school employees;

(2) A school district board may expel, or delegate authority to a hearings officer to expel, a student provided the student is not expelled without a hearing unless the student's parent(s) or guardian, or the student, if 18 years of age, waives the right to a hearing. Waiver may take place by the parent or the student, if 18 years of age, notifying the school district in writing of waiver of the right to a hearing. Waiver may also take place by the parent, or the student, if age 18 or over, failing to appear after notice, at the place and time set for the hearing:

(a) If the school board acts to expel, the hearing may be conducted by a hearings officer designated by the board. In cases where the hearings officer is conducting the expulsion hearing for the board, the hearings officer shall provide to the board the findings as to the facts, the recommended decision and whether or not the student is guilty of the conduct alleged. This material shall be made available at the same time to the parent or guardian, and to the student, if age 18 or over;

(b) If the authority to expel a student is delegated to a hearings officer, the parent, or student, if age 18 or over, shall have the right upon appeal to a board review of the decision. If the decision is appealed to the board for review, the board shall be provided findings as to the facts and the decision of the hearings officer. This material shall be made available at the same time to the parent or guardian, and to the student, if age 18 or over. When appealed, the board will affirm, modify, or rescind the decision of the hearings officer.

(3) Student expulsion hearings shall be conducted pursuant to ORS 332.061.

(4) Expulsion hearing policies or rules shall contain provisions for the following:

(a) Notice to the student and to the parent or guardian shall be given by personal service or certified mail of the charge or charges and the specific facts that support the charge or charges. The notice shall include the statement of intent to consider the charges as reason for expulsion. Where notice is given by personal service, the person serving the notice shall file a return of service. Where notice is given by certified mail to a parent of a suspended student the notice shall be placed in the mail at least five days before the date of the hearing;

(b) Where the student or the student's parent cannot understand the spoken English language, an interpreter shall be provided by the district;

(d) The student shall be permitted to introduce evidence by testimony, writings, or other exhibits;

(e) The student shall be permitted to be present and hear the evidence presented by the district;

(f) Strict rules of evidence shall not apply to the proceedings. However, this provision shall not limit the hearings officer's control of the hearing;

(g) The hearings officer or the student may make a record of the hearing.

History

Statutory/Other Authority: ORS 339
Statutes/Other Implemented: ORS 339.240, 339.250 & 339.260
ODE 3-2016, f. & cert. ef. 2-5-16
1EB 262, f. 6-2-77, ef. 6-3-77
1EB 230, f. & ef. 6-4-76
1EB 212, f. 1-20-76, ef. 2-25-76
1EB 132, f. 5-19-72, ef. 6-1-72

Or. Admin. R. 581-021-0071 District Information for Parents and Students Regarding the Availability of Alternative Education Programs

(1) The following definitions apply to this rule:

(a) “Erratic attendance” means the student is frequently absent to the degree that he/she is not benefiting from the educational program;

(b) “Notification” means written notice, by personal service or certified mail, to the parent or guardian and student as required by ORS 339.250(6).

(2) District school boards shall adopt policies and procedures for notification to students and parents, or guardians of the availability of appropriate and accessible alternative programs. This notification shall be provided in the following situations:

(a) Upon the occurrence of a second or any subsequent occurrence of a severe disciplinary problem within a three-year period;

(b) When the district finds a student’s attendance pattern to be so erratic that the student is not benefiting from the educational program;

(d) When a student is expelled pursuant to subsection (2) of ORS 339.250; and

(e) When an emancipated minor, parent, or legal guardian applies for a student’s exemption from compulsory attendance on a semiannual basis as provided in ORS 339.030(2).

(3) The notification must include but is not limited to the following:

(a) Student action which is the basis for consideration of alternative education;

(b) Listing of alternative programs available to this student for which the district would provide financial support in accordance with ORS 339.620 except that when notice is given in accordance with subsection (2)(e) of this rule the district shall not be obligated to provide financial support;

(d) Procedures for enrolling the student in the recommended program; and

(e) When the parent or guardian’s language is other than English, the district must provide notification in manner that the parent or guardian can understand.

(4) The district shall inform all parents or guardians of the law regarding alternative education and educational services available to students by such means as a statement in the student/parent handbook, notice in the newspaper, or an individual letter to a parent.

(5) District school boards shall adopt a procedure for parents or guardians to request establishment of alternative programs within the district.

(6) District school boards shall not approve the enrollment of a pupil in a private alternative program unless the private alternative program meets all requirements of OAR 581-021-0045.

History

Statutory/Other Authority: ORS 339
Statutes/Other Implemented: ORS 339.250
ODE 30-2022, minor correction filed 06/01/2022, effective 06/01/2022
EB 26-1990, f. & cert. ef. 5-18-90
EB 35-1987, f. & ef. 12-11-87

Or. Admin. R. 581-021-0072 Registration of Private Alternative Programs/Schools

(1) All Sections of this rule apply to each private alternative education program approved by a school district board on or after July 1, 2007. For the purposes of this rule, the term “program” includes “school.”

(2) For the purposes of ORS 336.635(1), all private alternative education programs receiving public school funds must comply with Private Alternative Education Standards established by the Oregon State Board of Education. Before contracting with or receiving public funds from any public school district, each private alternative program must register with the Oregon Department of Education (ODE) under this rule and must have an institution identification number assigned by the Department.

(3) New registration and renewal applications must be received each year by a date to be determined by the Department. Annually by March 1, the Oregon Department of Education will provide registration renewal application forms to private alternative programs registered with the Department.

(4) Each private alternative education program must apply to the Department for approval of registration renewal and the application for registration or renewal of registration must include information or documentation as required by the Department that the private alternative program meets:

(a) Local and state fire, safety, health and occupancy codes and standards;

(b) Health and safety standards and rules including, but not limited to, sanitation and prevention of communicable disease;

(A) OAR 581-022-2225 (emergency plans and safety programs);

(B) OAR 581-022-2230 (asbestos management plans);

(D) ORS 339.870 and OAR 581-021-0037 (administration of medications);

(E) OAR 437-002-1030 (Oregon Occupational Safety and Health Division — blood borne pathogens);

(F) OAR 581-022-2220 (health services);

(G) ORS 337.150, 339.141, 339.147 and 339.155 (tuition and fees);

(H) ORS 181.539, 326.603, 326.607, 336.631, and 342.232 (criminal records checks) for all subject individuals as defined in OAR 581-022-2430, including private alternative school/program owner/operators who have direct, unsupervised contact with students;

(I) ORS 433.235 through 433.284 and OAR 333-050-0010 through 333-050-0120 (immunization records and reports); and

(J) ORS 659.850 and 659.855 (discrimination).

(5) The annual application must also include assurances and verifying documentation, as required by the Department, that the private alternative program:

(a) Has a mission statement;

(b) Maintains commercial general liability insurance with policy limits of at least $1,000,000 and annually provides ODE with requested information or documentation showing the name of the insurance company, the number of the insurance policy, the policy limits covered by the policy, and the effective term of the policy;

(d) Identifies which students will be served consistent with OAR 581-022-2505;

(e) Assists the contracting district in meeting its planned K–12 instructional program in compliance with OAR 581-022-2030;

(f) Provides instruction in the academic content standards adopted by the State Board of Education and that students participate in district and state assessments of achievement for the grade level(s) the program serves;

(g) Assists students in earning diploma credits consistent with OAR 581-022-2000 and 581-022-2025;

(h) Uses curriculum content, teaching practices, facilities, and management practices that do not violate constitutional prohibitions on religious entanglement;

(i) Develops, implements, and, if necessary, modifies an education plan consistent with OAR 581-022-2000, Diploma Requirements, for each student approved for placement in the program by the student's contracting district;

(j) In cooperation with each student's contracting district and parent, guardian, or other responsible adult, includes criteria in the student's education plan for determining if, how, when, and where the student may transition from the alternative education program;

(k) At least annually reports the results of each student's performance on district-wide and state-wide assessments to the student, the student's parents or legal guardians, and to the student's contracting district;

(l) Collects and reports to each contracting district and the state the student's local and state assessment, attendance, behavior, graduation, dropout, and other data required by the district and the state;

(m) If providing special education services or related services identified in any child's IEP, is approved by the ODE under OAR 581-015-2270;

(n) Maintains the confidentiality of student records consistent with the Family Educational Rights and Privacy Act, 34 CFR 99 et. seq. and maintains student records in compliance with Oregon Administrative Rules on student records;

(o) The school shall provide training for all students which is designed to prevent child abuse.

(p) The school shall include training for all school employees on the prevention and identification of child abuse and on the obligations of school employees to report child abuse based on policies adopted by the school board or governing body. This training shall be updated and presented to all employees on an annual basis.

(q) The school shall make the training detailed in section (o) of this rule available to parents and legal guardians of children who attend a school operated by the education provider. The training shall be provided separately from the training provided to school employees under section (p) of this rule.

(r) Has procedures in place regarding staff hiring and evaluation that require:

(A) Checking personal and professional references for all potential employees;

(B) Criminal background checks in compliance with OAR 581-022-2430 and ORS 181.539, 326.603, 326.607 and 342.232 and to comply with section (9) of this rule, for all employees;

(D) Staff licensing/registration by the Oregon Teacher Standards and Practices Commission in compliance with OAR 584-200-0010;

(s) For purposes of claiming state school funds, has policies and procedures to ensure that:

(A) Students enrolled in a public school district and receiving instruction in the district's comprehensive planned K–12 curriculum consistent with OAR 581-022-2030 and who are individually placed by the school district in the alternative education program under ORS 336.635 are accounted for in compliance with OAR 581-023-0006(7);

(B) Students enrolled in schools consistent with ORS 336.135 and students enrolled in nonpublic schools or taught by a private teacher or parent under ORS 339.035 and who are supplementing their home, private, or other instruction by attending the alternative program part-time are accounted for in compliance with OAR 581-023-0006(6)(a); and

(C) The activities claimed for state school funds by the program are one or more of those in OAR 581-023-0008 as approved by the contracting school district; and

(t) Complies with each statute, rule or school district policy specified in a contract between the school district board and the private alternative education program; and

(u) Notifies the ODE and each contracting public school district of any written complaint it receives alleging non-compliance with this private alternative program registration rule.

(6) Each annual renewal application must include a copy of the written annual evaluation of the applicant private alternative program completed by each contracting public school district for the prior school year.

(7) Each private alternative program must provide an annual statement of program expenditures to each contracting district consistent with ORS 336.635(2).

(8) The Oregon Department of Education may monitor the procedure used by the private alternative program for reporting Full Time Equivalent (FTE) student enrollment for the purposes of basic school support.

(9) The Department of Education may deny, suspend, or revoke a private alternative program registration consistent with OAR 581-021-0073.

(10) No registered private alternative school/program shall be owned by or employ an individual who is not of good moral character and reputation.

(a) Upon review by the Department, the Superintendent may find a person not to be of good moral character and reputation when the person:

(A) Has been convicted of a felony or a misdemeanor that involves the illegal use, sale or possession of a controlled substance, or that involves any sexual offense, or any violent offense;

(B) Has been convicted of an offense involving fraud or misrepresentation, or has committed fraud, misrepresentation, or deceit or has committed unfair, deceptive, or unlawful trade practices regulated by the Oregon Unlawful Trade Practices Act (ORS 646.605–646.652); or

(b) The Superintendent shall not make a finding that a person is not of good moral character and reputation solely for the reason that the person has been convicted of a crime, but shall consider the relationship of the facts that support the conviction and all intervening circumstances as they relate to the specific occupational standards and requirements.

(11) As of the effective date of this rule, the Private Alternative Education Standards adopted by the State Board of Education December 5, 2002, are rescinded and replaced by sections (2)-(5) of this rule.

History

Statutory/Other Authority: ORS 326.051, 327.125 & 336.625
Statutes/Other Implemented: ORS 181, 539, 326.603, 326.607, 327.109, 336.615 - 336.665 & 337.150
ODE 5-2023, minor correction filed 01/31/2023, effective 01/31/2023
ODE 26-2020, amend filed 06/23/2020, effective 06/23/2020
ODE 4-2020, temporary amend filed 03/20/2020, effective 03/20/2020 through 09/15/2020
ODE 9-2019, minor correction filed 02/11/2019, effective 02/11/2019
ODE 22-2007, f. & cert. ef. 10-26-07
ODE 12-2007, f. & cert. ef. 4-25-07
ODE 16-2003, f. & cert. ef. 8-26-03
ODE 2-1998, f. & cert. ef. 2-27-98
EB 27-1990, f. & cert. ef. 5-18-90

Or. Admin. R. 581-021-0073 Denial, Suspension, or Revocation of Registration of Private Alternative Program/School Procedure

(1) A registration applied for or issued under OAR 581-021-0072, Registration of Private Alternative Programs/Schools, may be denied, suspended, or revoked or renewal thereof denied, if:

(a) the private alternative program/school fails to comply with the requirements of OAR 581-021-0072;

(b) the program or its agents intentionally or knowingly make false, deceptive, inaccurate, or misleading representations of fact in any oral, written, visual, or electronic presentation in connection with the registration under OAR 581-021-0072; or

(2) Suspension of private alternative school/program registration may be for a period of up to one year from the time of the suspension.

(3) Revocation of private alternative school/program registration will be for a period of one year from the time of the revocation.

(4) Consistent with ORS 336.631, a school district may not contract with or distribute public school funds to a private alternative program whose registration has been denied, suspended, or revoked under this rule. A contract with a private alternative program must provide that non-compliance with a statute or rule, or suspension or revocation of registration under this rule will result in termination of the contract.

(5) Denial, suspension or revocation of private alternative education school/program registration may be appealed under the provisions of ORS 183.484.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 336.615 - 336.665 & 183.413 – 183.497
ODE 12-2007, f. & cert. ef. 4-25-07

Or. Admin. R. 581-021-0075 Distribution

(1) School district boards, or designated representatives, shall attempt to give widest possible distribution to their rules of pupil conduct and discipline in order that students may understand the expectations of the district.

(2) School districts shall make reasonable attempts to give a copy of their current rules to each student, and a copy of the current rules shall be posted in a prominent place in the schools of the district.

(3) School districts shall make these rules available to the general public upon request.

History

Statutory/Other Authority: ORS 339
Statutes/Other Implemented: ORS 336.635
1EB 132, f. 5-19-72, ef. 6-1-72

Or. Admin. R. 581-021-0076 Exemption from Compulsory Attendance

(1) As used in this rule:

(a) “School” means any public school, education service district program, community college, college, university, public alternative program, registered private alternative program, technical or vocational school or training program, or being taught by a parent or private teacher pursuant to ORS 339.035;

(b) “Semiannual” means prior to the next vacation or reentry time in the school year but a minimum of two times per year;

(d) “Full-time school” means attending an educational program for a period of time defined as one FTE under OAR 581-023-0005; enrolling in a community college, college or university for a minimum of 12 credit hours per term; receiving 20 hours of instruction per week in a technical or vocational school or training program; or being taught an equivalent period of time by a parent or private teacher pursuant to ORS 339.035;

(e) “Emancipated minor” means any child who is an emancipated minor or who has initiated the procedure for emancipation under ORS 109.550 to 109.565 (339.030(5));

(f) “Part-time work and part-time school” means a combination of work/education activities equivalent to 30 hours per week of involvement.

(2) The school district may grant exemption from compulsory attendance to the parent or legal guardian of a child who is 16 or 17 years of age or an emancipated minor, provided the child is:

(a) Employed full time;

(b) Employed part time and enrolled in a school part time; or

(3) The request for exemption shall be in writing including documentation of the child’s employment by the employer or enrollment status by the school. Additionally, the school shall request notification when the child’s employment or the child’s enrollment status is terminated.

(4) When considering a request for exemption from compulsory attendance, a school district shall conduct an interview that shall include, but need not be limited to, the following:

(a) Attendance by the child and the parent or legal guardian or the emancipated minor;

(b) Attendance by a school counselor or school administrator;

(d) Review of the following information about the child or emancipated minor:

(A) Credit for graduation;

(B) Grades;

(D) Prior handicapping status, if applicable;

(E) Results of standardized tests;

(F) Teacher evaluations;

(G) Counselor appraisal;

(H) Immediate plans;

(I) Short-range and career goals; and

(J) Other relevant information.

(5) If the exemption from compulsory attendance is granted, the school district shall give the child and the parent or legal guardian the following information in writing:

(a) Alternative programs of instruction or instruction combined with counseling are available, as provided in ORS 339.250(6) and (7);

(b) The exemption is granted for a limited time, must be renewed on a semiannual basis and will be reviewed by the school district on a certain date; and

(c) The district shall notify the parent of the need to reapply for an exemption by a specific date or return the student to school until the child attains a high school diploma, GED, or the age of 18.

(6) The rule is effective July 1, 1990.

History

Statutory/Other Authority: ORS 339
Statutes/Other Implemented: ORS 339.030
EB 28-1990, f. & cert. ef. 5-18-90

Or. Admin. R. 581-021-0077 Compulsory Attendance Notices

(1) Definitions for purposes of this rule:

(a) "Parent" means parent, guardian or other person having control of a minor child who has not completed the 12th grade or is not otherwise legally exempt from compulsory attendance under ORS 339.030.

(b) "Student" means a minor between the ages of 6 and 18 who has not completed the 12th grade, and who is not exempt from compulsory attendance under ORS 339.030.

(d) "Attendance supervisor" means an official appointed under ORS 339.040.

(e) "Regular attendance" means attendance which does not include more than eight unexcused one-half day absences, or the equivalent thereof, in any four-week period in which the school is in session.

(2) Notice of Attendance Supervisor. When an attendance supervisor determines a parent has failed to enroll his or her child and to maintain such child in regular attendance at a public school, the attendance supervisor shall give written notification to the parent within 24 hours of being informed of the failure. The notice may be served personally or by certified mail.

(a) The notice shall state that the student must appear at the public school on the next school day following receipt of the notice and maintain regular attendance for the remainder of the school year.

(b) The notice shall state that the parent has the right to request, for a child who does not have an Individualized Education Program or 504 plan, an evaluation to determine if the child should have an Individualized Education Program or 504 plan; or for a child who has an Individualized Education Program or 504 plan, a review of the Individualized Education Program or 504 plan to ensure that the accommodations remain appropriate to the student’s needs

(d) The attendance officer, at the time the notice is served to the parent, shall notify the district superintendent, principal or other appropriate school official.

(3) Notice of Superintendent. If the parent receiving the notice of the attendance supervisor does not comply with that notice, the attendance officer, within three days of knowledge of such noncompliance, shall notify the superintendent.

History

Statutory/Other Authority: ORS 8.665, ORS 153.110 - 153.310, ORS 153.990, ORS 339.010 - 339.090, ORS 339.925 & ORS 339.990
Statutes/Other Implemented: ORS 339.090, ORS 339.925, ORS 339.990 & ORS 8.665
ODE 16-2023, amend filed 06/22/2023, effective 06/22/2023
ODE 8-2016, f. & cert. ef. 2-5-16
ODE 21-2000, f. & cert. ef. 5-23-00
ODE 8-2000(Temp), f. 2-23-00, cert. ef. 2-23-00 thru 8-20-00
EB 4-1994, f. & cert. ef. 4-29-94
EB 33-1993(Temp), f. & cert. ef. 11-15-93

Or. Admin. R. 581-021-0081 Student Absences

(1) Definitions for the purpose of this rule:

(a) “Family member or Caregiver” means a family member or caregiver responsible for and appointed to represent a student.

(b) “Student" means a minor between the ages of 6 and 18 who has not completed the 12th grade, and who is not exempt from compulsory attendance under ORS 339.030.

(c) "Eligible Student" means a student who has reached 18 years of age, a legally emancipated student, or a student who is attending only an institution of postsecondary education and is not enrolled in a secondary school.

(d) “Excused absence” means an absence from school as allowed in ORS 339.065.

(e) “Mental or behavioral health absence” means an absence taken by a student to promote their mental and behavioral health as stated by the family member or caregiver.

(2) Absence Documentation. School districts can not require confirmation of a healthcare provider appointment following a student’s absence, unless required by the public health authority.

(3) Absence Recording. For purposes of accurate tracking of regular attendance, the school must record military-connected absences separately from other absences per ORS 339.065.

(4) Notice of Excused Absence Allowances. Schools must include information about the number and type of allowed excused absences as outlined in ORS 339.065 in the student policy handbook as developed for ORS 339.250 that is distributed to students and families at the beginning of each school year. The following must be included in the student policy handbook:

(a) Mental or behavioral health as excused absences.

(b) Absences related to being a dependent of a member of the Armed Forces of the United States.

(5) School Response to Absence. When notified by a family member, caregiver, or eligible student of an excused or unexcused absence, schools must:

(a) Allow work missed by the student to be made up within a reasonable period of time following the return to school, at a minimum of one day per day absent. Schools must work with students to determine what is reasonable based upon the student needs, academic situation, and amount of make up work to be completed. For a planned absence, schools should provide homework prior to the absence. Evaluation of student work received within the allowable time following return to school shall not incur a penalty or grade reduction related to being late.

(b) Offer equitable access to community, academic, and social/emotional resources. Resources must be culturally and linguistically responsive and support mental/behavioral health and physical well-being.

History

Statutory/Other Authority: ORS 339.065
Statutes/Other Implemented: ORS 339.065
ODE 47-2020, adopt filed 11/24/2020, effective 11/24/2020

Or. Admin. R. 581-021-0100 School Traffic Patrols

(1) School traffic patrols will be operated in accordance with the guidelines described in the Oregon Traffic Patrol Manual published by the Oregon Department of Education.

(2) Upon a school district request, staff assigned to the School Traffic Patrol Program will distribute equipment supplied by the Oregon Highway Division; staff will also provide help for existing patrols, and help establish and train new patrols.

(3) A school district may request that section (1) of this rule be waived and that the district be allowed to operate a school traffic patrol in accordance with district guidelines. The State Superintendent of Public Instruction may approve such a waiver upon submission of evidence that by following district guidelines, school traffic patrols can be operated as efficiently and with no reduction in student safety as compared to guidelines in Oregon Traffic Patrol Manual.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 336
Statutes/Other Implemented: ORS 339.660
EB 9-1987, f. & ef. 5-12-87

Or. Admin. R. 581-021-0110 Tobacco Free Schools

(1) For the purpose of this rule "tobacco" is defined to include any lighted or unlighted cigarette, cigar, pipe, bidi, clove cigarette, and any other smoking product, and spit tobacco, also known as smokeless, dip, chew, and snuff, in any form.

(2) No student, staff member, or school visitor is permitted to smoke, inhale, dip, or chew or sell tobacco at any time, including non-school hours

(a) In any building, facility, or vehicle owned, leased, rented, or chartered by the school district, school, or public charter school; or

(b) On school grounds, athletic grounds, or parking lots.

(3) No student is permitted to possess a tobacco product:

(a) In any building, facility, or vehicle owned, leased, rented, or chartered by the school district, school, or public charter school; or

(b) On school grounds, athletic grounds, or parking lots.

(4) By January 1, 2006, school districts must establish policies and procedures to implement and enforce this rule for students, staff and visitors.

(5) For purposes of this rule, the term "school district" includes the Oregon School for the Deaf (OSD). The Oregon School for the Deaf must establish, in cooperation with the Oregon Department of Education, policies and procedures to implement and enforce this rule for students, staff and visitors by June 30, 2006.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 12-2009, f. & cert. ef. 12-10-09
ODE 8-2006, f.& cert. ef 2-21-06
ODE 30-2004, f. 9-15-04, cert. ef. 9-20-04

Or. Admin. R. 581-021-0200 Standard Education for Oregon Students

A Standard Education for Oregon Students is comprised of:

(1) Common Curriculum Goals. The Common Curriculum Goals consist of:

(a) Essential Learning Skills. The Essential Learning Skills are those skills essential to learning and necessary for understanding in the subject matter areas. The skills are: Reading, writing, speaking, listening, mathematics, reasoning and study skills;

(b) Common Knowledge and Skills. The Common Knowledge and Skills consists of facts, concepts, principles, rules, procedures and methods of inquiry associated with the following subject matter areas:

(A) Language Arts;

(B) Mathematics;

(D) Science Education;

(E) Physical Education;

(F) Social Science;

(G) Music;

(H) Art;

(I) Personal Finance;

(J) Second Language and Culture (proposed);

(K) Career Education.

(2) Professional — Technical Education. Occupational preparation which blends the interests and aptitudes of students with the skills and experience needed to become employed, sustain economic independence and enter advanced education and training.

(3) Education Programs Mandated by State or Federal Law and Selected Other State Requirements Presently Constituted:

(a) The approximately 30 programs mandated by state statutes are in two categories, instruction and support. They include a diverse range of requirements such as protection of trees and shrubs, commemorating women in history, providing free textbooks, programs for talented and gifted students, transportation and properly maintained buildings and grounds;

(b) The three federally mandated programs are: The Asbestos Hazard Emergency Act of 1986, as amended; The Individuals With Disabilities Act, PL 101-476, that all children with disabilities have an opportunity for a free appropriate public education; The Family Education Rights and Privacy Act, PL 93-380, as amended by PL 93-568, that imposes certain requirements and restrictions on the release of student records;

(A) Goals for Elementary and Secondary Education;

(B) Graduation Requirements;

(D) Required Days of Instruction;

(E) Required Instructional Time;

(F) Kindergarten Programs;

(G) Standardization;

(H) Alternative Education Program;

(I) Special Education Program;

(J) Library Media Skills Instruction.

(4) Character Education. Character Education is the process of helping students develop and practice the core ethical values that our diverse society shares and holds important. These values include, but are not limited to, respect, responsibility, caring, trustworthiness, justice and fairness, and civic virtue and citizenship.

(5) Student Activities under the auspices of the secondary schools, which include the following:

(a) Student Government;

(b) Preparation of School Publications; e.g., newspaper, yearbook, literary magazine;

(d) Performing Music/Dance Groups;

(e) Interscholastic Athletics;

(f) Intramurals;

(g) Rally Squad/Dance Team/Flag Line;

(h) Competitive Speech and Debate;

(i) Instruction program-related clubs or organizations; e.g., Distributive Education Club of America, Future Business Leaders of America, Future Farmers of America, Home Economics Related Occupations, Vocational Industrial Clubs of America.

(6) International Understanding. International Understanding represents the knowledge, skills and attitudes needed to live effectively in a world possessing limited natural resources and characterized by ethnic diversity, cultural pluralism and an increased interdependence. Such knowledge, skills and attitudes are developed through broad exposure to international content in all subject areas and through learning a second language.

(7) Support Services Necessary to Provide a Standard Education for Oregon Students:

(a) Student Services:

(A) Improving attendance;

(B) Counseling;

(D) Treating students with speech and hearing disabilities;

(E) Providing library, audio/video, television and computer learning.

(b) Staff Services:

(A) Measuring student achievement;

(B) Developing curriculum and training staff.

(A) Administering the district and individual schools;

(B) Planning, research, processing of data.

(d) Business Services:

(A) Budgeting, payroll, inventory, internal audit;

(B) Buying and storing of supplies;

(e) Transportation Services:

(A) Providing home-to-school transportation for both students with and students without disabilities;

(B) Transporting students to co-curricular activities.

(f) Food Services: Offering students nutritional lunches and breakfasts;

(g) Operation and Maintenance Services: Keeping buildings, equipment and grounds safe, working and in good condition.

History

Statutory/Other Authority: ORS 326.400, ORS 326.410 & ORS 336.067
Statutes/Other Implemented: ORS 336.067
ODE 29-2026, minor correction filed 05/29/2026, effective 05/29/2026
ODE 15-2022, amend filed 03/24/2022, effective 03/24/2022
ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08
EB 7-1993, f. & cert. ef. 2-11-93
EB 3-1991, f. & cert. ef. 2-28-91

Or. Admin. R. 581-021-0210 Evaluating Student Transcripts

When evaluating student transcripts, the school district shall:

(1) Accept credits and attendance completed in educational programs in this state as if they had been earned in the enrolling district consistent with OAR 581-022-2025;

(2) As used in this rule, “educational programs in this state” means an educational program that is:

(a) Provided by a school district, a public charter school, an education service district, the Youth Corrections Education Program, or the Juvenile Detention Education Program in Oregon; or

(b) Funded as provided by ORS 343.243 for students in a long term care or treatment facility described in ORS 343.961 or a hospital identified in ORS 343.261;

(3) For out-of-state transfer students, accept credits and attendance completed in standard secondary schools as if the requirements had been completed in this state consistent with OAR 581-022-2025;

(4) For transfer students who are dependents of an active duty or deployed member in the uniformed service of the United States, accept credits and attendance as if the requirements had been completed in this state consistent with OAR 581-022-2025.

(a) For purposes of this rule, “active duty” means full-time duty status in the active uniformed service of the United States, including members of the National Guard or the military reserve forces who are on active duty orders pursuant to 10 U.S.C. 1209 and 1211 or 32 U.S.C. 502(f) Active Guard/Reserve status.

(b) For purposes of this rule, “deployed” means that period of time spanning one month prior to a service member’s departure from his or her home station on military orders through six months after return to his or her home station.

(5) For students from private, alternative, or nonstandard public secondary schools:

(a) Determine the value of prior credits consistent with OAR 581-022-2025; and

(b) Determine the number of years of school attendance or equivalent.

(6) Determine placement for students enrolled in kindergarten through grade 8;

(7) Determine the value of credits obtained through home school-based courses, on-line or other distance learning methods in meeting the graduation requirements consistent with OAR 581-022-2025; and

(8) Determine the value of credits obtained in approved community college programs in meeting graduation requirements consistent with OAR 581-022-2025.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051 & 326.565
ODE 9-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 44-2022, minor correction filed 08/25/2022, effective 08/25/2022
ODE 143-2019, minor correction filed 09/25/2019, effective 09/25/2019
ODE 15-2010, f. & cert. ef. 11-15-10
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0220 Definitions

As used in OAR 581-021-0220 through 581-021-0440, the following definitions apply:

(1) "Attendance" includes, but is not limited to:

(a) Attendance in person, by correspondence, or through online and remote learning;and

(b) The period during which a person is working under a work-study program.

(2) "Directory Information" means those items of personally identifiable information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. Directory information includes the student's name, photograph, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, and degrees and awards received.

(3) "Disclosure" means to permit access to or the release, transfer, or other communication of education records, or the personally identifiable information contained in those records, to any party, by any means, including oral, written, or electronic means.

(4) "Disciplinary action or proceeding" means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution.

(5) "Educational Agency or Institution" means any public or private school, education service district, state institution, private agency or youth care center providing educational services to students birth through age 21, and through Grade 12, that receives federal or state funds either directly or by contract or subcontract with the Department under any program administered by the U.S. Secretary of Education or the Department.

(6) "Education Records":

(a) The term means those records that are directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution;

(b) The term does not include:

(A) Records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;

(B) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of OAR 581-021-0225.

(C) Records relating to an individual who is employed by an educational agency or institution, that are made and maintained in the normal course of business, that relate exclusively to the individual in that individual's capacity as an employee and that are not available for use for any other purpose. Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under this subsection;

(D) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:

(i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;

(ii) Made, maintained, or used only in connection with treatment of the student; and

(iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, "treatment" does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution.

(E) Records that only contain information relating to activities in which an individual engaged after he or she is no longer a student at that agency or institution;

(F) Medical or nursing records which are made or maintained separately and solely by a licensed health care professional who is not employed by the educational agency or institution, and which are not used for education purposes of planning.

(7) "Eligible Student" means a student who has reached 18 years of age, or a student who is attending only an institution of postsecondary education and is not enrolled in a secondary school.

(8) "Institution of Postsecondary Education" means an institution that provides education to students beyond the secondary school level; "secondary school level" means the educational level (not beyond Grade 12) at which secondary education is provided.

(9) "Parent" means a parent of a student and includes a natural parent, a guardian, an individual authorized in writing to act as a parent in the absence of a parent or a guardian, or a surrogate parent appointed to represent a student with disabilities. The term does not include the state if the child is a ward of the state and the student is eligible for special education services or is suspected of being eligible for special education services under state and federal law.

(10) "Party" means an individual, agency, institution, or organization.

(11) “Permanent record" means the educational record maintained by the educational agency or institution which may include:

(a) Name and address of the educational agency or institution;

(b) Full legal name of the student;

(d) Name of parents/guardians;

(e) Date of entry into the school;

(f) Name of school previously attended;

(g) Courses of study and marks received;

(h) Data documenting a student's progress toward achievement of state standards and must include a student's Oregon State Assessment results;

(i) Credits earned;

(j) Attendance; and

(k) Date of withdrawal from school.

(12) "Personally Identifiable Information" is information as defined in the Family Educational Rights and Privacy Act (FERPA).

(13) "Record" means any information recorded in any way including, but not limited to, handwriting, print, electronically, tape, film, microfilm and microfiche.

(14) "Student" means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

(15) "Substitute care program" means family foster care, family group home care, parole foster care, family shelter care, adolescent shelter care and professional group care.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.3
Statutes/Other Implemented: ORS 326.565
ODE 28-2025, amend filed 06/16/2025, effective 08/01/2025
ODE 16-2025, temporary amend filed 03/13/2025, effective 03/14/2025 through 09/09/2025
ODE 1-2025, amend filed 01/16/2025, effective 01/17/2025
ODE 14-2018, minor correction filed 05/02/2018, effective 05/02/2018
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
ODE 8-2007, f. & cert. ef. 3-1-07
EB 20-1995, f. & cert. ef. 7-25-95
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0225 Records of Law Enforcement Units

(1) “Law enforcement unit” means any individual, office, department, division, or other component of an educational agency or institution, such as a unit of commissioned police officers or noncommissioned security guards, that is officially authorized or designated by that agency or institution to:

(a) Enforce any local, state, or federal law, or refer to appropriate authorities a matter for enforcement of any local, state, or federal law against any individual or organization other than the agency or institution itself; or

(b) Maintain the physical security and safety of the agency or institution.

(2) A component of an educational agency or institution does not lose its status as a law enforcement unit if it also performs other, nonlaw enforcement functions for the agency or institution, including investigation of incidents or conduct that constitutes or leads to a disciplinary action or proceedings against the student.

(3) Records of a law enforcement unit means those records, files, documents, and other materials that are:

(a) Created by a law enforcement unit;

(b) Created for a law enforcement purpose; and

(4) Records of a law enforcement unit does not mean:

(a) Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the educational agency or institution other than the law enforcement unit; or

(b) Records created and maintained by a a law enforcement unit exclusively for a nonlaw enforcement purpose, such as a discplinary action or proceeding conducted by the educational agency or institution.

(5) Nothing in this rule prohibits an educational agency or institution from contacting its law enforcement unit, orally or in writing, for the purpose of asking that unit to investigate a possible violation of, or to enforce, any local, state, or federal law.

(6) Education records, and personally identifiable information contained in education records, do not lose their status as education records and remain subject to the Act, including the disclosure provisions of OAR 581-021-0330, while in the possession of the law enforcement unit.

(7) This rule neither requires nor prohibits the disclosure by an educational agency or institution of its law enforcement unit records.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.8
EB 20-1995, f. & cert. ef. 7-25-95

Or. Admin. R. 581-021-0230 The Rights of Parents

An educational agency or institution shall give full rights under OAR 581-021-0220 through 581-021-0420 to either parent, unless the agency or institution has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.4
Statutes/Other Implemented: ORS 326.565
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0240 The Rights of Eligible Students

When a student becomes an eligible student, the rights accorded to, and consent required of, parents under OAR 581-021-0220 through 581-021-0420 transfer from the parents to the student. Nothing prevents educational agencies or institutions from giving students rights in addition to those given to parents.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.5
Statutes/Other Implemented: ORS 326.565
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0250 An Educational Agency or Institution’s Policy Regarding Student Education Records

(1) Each educational agency or institution shall adopt a policy regarding how the agency or institution meets the requirements of OARs 581-021-0220 through 581-021-0430. The policy shall include:

(a) A description of how the agency or institution annually informs parents and students of their rights, in accordance with OAR 581-021-0260;

(b) A description of how a parent or eligible student may inspect and review education records according to OAR 581-021-0270;

(c) A statement that personally identifiable information will not be released from an education record without the prior written consent of the parent or eligible student according to 581-021-0330, except under one or more of the conditions described in 581-021-0340;

(d) A statement indicating whether the educational agency or institution has a policy of disclosing personally identifiable information under OAR 581-021-0340(1), and, if so, a specification of the criteria for determining which parties are school officials and what the agency or institution considers to be a legitimate educational interest. With respect to students with disabilities, each educational agency or institution shall maintain, for public inspection, a current listing of the names and positions of those employees within the agency who have access to personally identifiable information;

(e) A statement that a record of disclosures will be maintained as required by OAR 581-021-0400, and that a parent or eligible student may inspect and review that record;

(f) Specification by the educational agency or institution of the types of personally identifiable information the agency or institution has designated as directory information under OAR 581-021-0390;

(g) A statement that the agency or institution permits a parent or eligible student to request correction of the student's education records under OAR 581-021-0300, to obtain a hearing under 581-021-0310(1), and to add a statement to the record under 581-021-0310(3);

(h) A statement that the educational agency or institution, as required by OAR 581-021-0260, annually notifies parents and eligible students of their rights to review and propose amendments to the student's education records;

(i) A statement that the educational agency or institution maintains a permanent record on each student;

(j) A statement that the educational agency or institution will request the social security number of a student and will include the social security number on the permanent student record only if the parent or eligible student complies with the request. The request shall include notification to the parent or eligible student that the provision of the social security number is voluntary and notification of the purposes for which the social security number will be used;

(k) A statement that the educational agency or institution provides for the retention of permanent records in a minimum one-hour fire-safe place in the educational agency or institution, or for keeping duplicate permanent records in a safe depository outside the building;

(l) A statement that the education agency or institution complies with OAR 581-021-0255 on the request for and transfer of student education records; and

(m) A statement that the educational agency or institution has a policy of disclosing personally identifiable information from an education record to an ESD, state regional program, or other educational agency or institution that has requested the records and in which the student seeks or intends to enroll or is enrolled or receives services from. The term "receives services" includes, but is not limited to, an evaluation or re-evaluation for purposes of determining whether a student has a disability.

(2) For purposes of subsection (1)(l) of this rule:

(a) "Private agency" means an agency with which the Department of Education contracts under ORS 343.961; and

(b) "Youth care center" means a center as defined in ORS 420.855.

(3) The educational agency or institution shall state the policy in writing and make a copy of it available on request to a parent or eligible student.

History

Statutory/Other Authority: ORS 326.565, 34 CFR § 99.6 & 34 CFR 300.616
Statutes/Other Implemented: ORS 326.565 & 326.575
ODE 8-2007, f. & cert. ef. 3-1-07
ODE 10-1998, f. & cert. ef. 6-23-98
ODE 4-1998, f. & cert. ef. 2-27-98
Reverted to EB 20-1995, f. & cert. ef. 7-25-95
EB 12-1997(Temp), f. & cert. ef. 8-28-97
EB 20-1995, f. & cert. ef. 7-25-95
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0255 Transfer of Student Education Records

(1) Within ten days of a student seeking enrollment in or services from a public or private school including an ESD, or when a student is placed in a state institution other than an institution of postsecondary education, or a private agency or youth care center (hereinafter referred to as the new educational agency), the new educational agency must notify the public or private school, education service district, institution, agency, or youth care center in which the student was formerly enrolled (hereinafter referred to as the former educational agency), and request the student's education records.

(2) The former educational agency must transfer all requested student education records to the new educational agency no later than 10 days after receiving the request.

(3) The education records transferred to the new educational agency must include any education records relating to the particular student retained by an education service district.

(4) The educational agency must retain originals of student education records for the time periods and under the conditions described in the record retention rule, OAR 166-400-0060, except that originals or a printed copy of the record shall be transferred to a new education agency upon request.

(5) When original records have been transferred to a new educational agency as required in subsection (2) of this rule, readable copies of the following documents must be retained by the former educational agency or institution for the time periods and under the conditions as prescribed in the record retention rule, OAR 166-400-0060:

(a) The student's permanent record as defined in subsection (11) of OAR 581-021-0220; and

(b) Such special education records as are necessary to document compliance with state and federal audits.

(6) Notwithstanding subsections (1) and (2) of this section, for students who are in substitute care programs:

(a) A school, institution, agency, facility or center shall notify the school, institution, agency, facility or center in which the student was formerly enrolled and shall request the student's education records within five days of the student seeking initial enrollment; and

(b) Any school, institution, agency, facility or center receiving a request for a student's education records shall transfer all student education records relating to the particular student to the requesting school, institution, agency, facility or center no later than five days after the receipt of the request.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.6
Statutes/Other Implemented: ORS 326.565
ODE 1-2025, amend filed 01/16/2025, effective 01/17/2025
ODE 17-2011, f. 12-15-11, cert. ef. 1-1-12
ODE 8-2007, f. & cert. ef. 3-1-07

Or. Admin. R. 581-021-0260 An Educational Agency or Institution’s Annual Notification

(1) Each educational agency or institution shall annually notify parents of students currently in attendance, and eligible students currently in attendance, at the agency or institution of their rights under OAR 581-021-0220 through 581-021-0440.

(2)The notice must inform parents and eligible students that they have a right to:

(a) Inspect and review the student's education records;

(b) Request the amendment of the student's education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights;

(c) Consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that these rules authorize disclosure without consent;

(d) Pursuant to OAR 581-021-0410, file with the U.S. Department of Education a complaint under 34 CFR § 99.64 concerning alleged failures by the agency or institution to comply with the requirements of the Family Educational Rights and Privacy Act; and

(e) Obtain a copy of the policy adopted under OAR 581-021-0250.

(3) The notice must include all of the following:

(a) The procedure for exercising the right to inspect and review education records.

(b) The procedure for requesting amendment of records under OAR 581-021-0300;

(c) Regarding disclosure of education records to school officials and teachers within the education agency whom the agency has determined to have legitimate educational interest, a specification of the criteria for determining who constitutes a school official and what constitutes a legitimate educational interest;

(4) Each educational agency or institution shall annually notify parents and eligible students of what it considers to be directory information and the conditions for disclosure of such information as provided in OAR 581-021-0390.

(5) Each educational agency or institution shall annually notify parents or eligible students that it forwards education records requested under OAR 581-021-0250(1)(m) and (p) within 10 days of receiving the request.

(6) The notice provided under section (1) of this rule must also indicate the places where copies of the policy adopted under OAR 581-021-0250 are located.

(7) An educational agency or institution may provide this notice by any means that are reasonably likely to inform the parents and eligible students of their rights;

(8) An agency or institution of elementary or secondary education shall effectively notify parents of students who have a primary or home language other than English.

(9) An educational agency or institution shall effectively notify parents or eligible students who have a disability.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.7
Statutes/Other Implemented: ORS 326.565
ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08
ODE 8-2007, f. & cert. ef. 3-1-07
EB 20-1995, f. & cert. ef. 7-25-95
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0265 Confidentiality of Student Education Records

(1) Each school district shall keep confidential any record maintained on a child with a disability in conformance with OAR 581-021-0220 through 581-021-0440.

(2) Each school district shall protect the confidentiality of personally identifiable information at collection, storage, discloser, and destruction stages.

(3) One official at each school district shall assume responsibility for ensuring the confidentiality of any personally identifiable information.

(4) All persons collecting or using personally identifiable information must receive training or instruction regarding the State's policies and procedures under OAR 581-015-0055 through 581-015-0606 and 581-021-0220 through 581-021-0440.

History

Statutory/Other Authority: ORS 343.041, 343.045, 343.055 & 34 CFR Sec 99.7
Statutes/Other Implemented: ORS 343.045 & 343.155
ODE 8-2007, f. & cert. ef. 3-1-07

Or. Admin. R. 581-021-0270 Rights of Inspection and Review of Education Records

(1) Except as limited under FERPA and IDEA, each educational agency or institution shall permit a parent, an eligible student, or a representative of a parent if authorized in writing by the parent, to inspect and review the education records of the student.

(2) The educational agency or institution shall comply with a request for access to records:

(a) Within a reasonable period of time and without unnecessary delay;

(b) For children with disabilities under OAR 581-015-0051, before any meeting regarding an IEP, or any due process hearing, or any resolution session related to a due process hearing; and

(d) For children under three years old who receive EI services, in no case more than 10 days after the request has been made.

(3) The educational agency or institution shall respond to the reasonable requests for explanations and interpretations of the records.

(4) If a parent or an eligible student so requests, the educational agency or institution shall give the parent or eligible student a copy of the student's education records pursuant to ORS 192.440, except that no copy of test protocols, test questions and answers, and other documents described in 192.501(4) shall be provided unless authorized by federal law.

(5) The educational agency or institution shall not destroy any education records if there is an outstanding request to inspect and review the records under this rule.

(6) While an education agency or institution is not required to give an eligible student access to treatment records under the definition of "education records" in OAR 581-021-0220(6)(b)(D), the student may, at his or her expense, have those records reviewed by a physician or other appropriate professional of the student's choice.

History

Statutory/Other Authority: ORS 192.440, 192.501(4), 326.565 & 34 CFR § 99.10 & 34 CFR 303.405(a)
Statutes/Other Implemented: ORS 326.565
ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12
ODE 8-2007, f. & cert. ef. 3-1-07
EB 20-1995, f. & cert. ef. 7-25-95
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0280 Fees for Copies of Education Records

(1) Student records are public records under ORS 192.410 through 192.505 but are exempt from disclosure except as authorized by OAR 581-021-0220 through 581-021-0440.

(2) Unless the imposition of a fee effectively prevents a parent or eligible student from exercising the right to inspect and review the student’s education records, an educational agency or institution may charge a fee for a copy of an educational record which is made for the parent or eligible student subject to section (3) of this rule.

(3) Notwithstanding ORS 192.440(3), an educational agency or institution may not charge a fee to search for or to retrieve the education records of a student.

History

Statutory/Other Authority: ORS 192.410 - 192.505, 326.565 & 34 CFR § 99.11
Statutes/Other Implemented: ORS 326.565
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0290 Limitations on the Right to Inspect and Review Records

If the education records of a student contain information on more than one student, the parent or eligible student may inspect, review, or be informed of only the specific information about that student.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.12
Statutes/Other Implemented: ORS 326.565
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0300 A Parent or Eligible Student’s Request for Amendment of a Student’s Education Records

(1) If a parent or eligible student believes the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student’s rights of privacy or other rights, he or she may ask the educational agency or institution to amend the record.

(2) The education agency or institution shall decide whether to amend the record as requested within a reasonable time after the agency or institution receives the request.

(3) If the educational agency or institution decides not to amend the record as requested, it shall inform the parent or eligible student of its decision and of his or her right to a hearing under OAR 581-021-0310.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.20
Statutes/Other Implemented: ORS 326.565
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0310 Right to a Hearing to Challenge Content

(1) An educational agency or institution shall give a parent or eligible student, on request, an opportunity for a hearing to challenge the content of the student’s education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy or other rights of the student.

(2) If, as a result of the hearing, the educational agency or institution decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall:

(a) Amend the record accordingly; and

(b) Inform the parent or eligible student of the amendment in writing.

(3) If, as a result of the hearing, the educational agency or institution decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the educational agency or institution, or both.

(4) If an educational agency or institution places a statement in the education records of a student under section (3) of this rule, the agency or institution shall:

(a) Maintain the statement with the contested part of the record for as long as the record is maintained; and

(b) Disclose the statement whenever it discloses the portion of the record to which the statement relates.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.21
Statutes/Other Implemented: ORS 326.565
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0320 Minimum Requirements for the Conduct of a Hearing

The hearing required by OAR 581-021-0310 must meet at a minimum the following requirements:

(1) The educational agency or institution shall hold the hearing within a reasonable time after it has received the request for the hearing from the parent or eligible student.

(2) The educational agency or institution shall give the parent or eligible student notice of the date, time, and place, reasonably in advance of the hearing.

(3) The hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have a direct interest in the outcome of the hearing.

(4) The educational agency or institution shall give the parent or eligible student a full and fair opportunity to present evidence relevant to the issues raised under OAR 581-021-0310. The parent or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.

(5) The educational agency or institution shall make its decision in writing within a reasonable period of time after the hearing.

(6) The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.22
Statutes/Other Implemented: ORS 326.565
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0330 Prior Consent to Disclose Information

(1) The parent or eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student's education records, except as provided in OAR 581-021-0340.

(2) “Signed and dated written consent” under this part may include a record and signature in electronic form that:

(a) Identifies and authenticates a particular person as the source of the electronic consent; and

(b) Indicates such person’s approval of the information contained in the electronic consent.

(3) The written consent must:

(a) Specify the records that may be disclosed;

(b) State the purpose of the disclosure; and

(3) When a disclosure is made under section (1) of this rule:

(a) If a parent or eligible student so requests, the educational agency or institution shall provide him or her with a copy of the records disclosed; and

(b) If the parent of a student who is not an eligible student so requests, the agency or institution shall provide the student with a copy of the records disclosed.

(4) If a child is enrolled or is going to enroll in a private school that is not located in the child’s resident school district, parent consent must be obtained before any personally identifiable information about the child is released between officials of the school district where the private school is located and the resident school district.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.30 & 34 CFR 300.622
Statutes/Other Implemented: ORS 326.565
ODE 8-2007, f. & cert. ef. 3-1-07
EB 20-1995, f. & cert. ef. 7-25-95
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0340 Exceptions to Prior Consent

An educational agency or institution may disclose personally identifiable information from an education record of a student without the consent required by OAR 581-021-0330 if the disclosure meets one or more of the following conditions:

(1) The disclosure is to school board members during executive session pursuant to ORS 332.061, or to other school officials and teachers within the educational agency whom the agency or institution has determined to have legitimate educational interests.

(2) The disclosure is to officials of another school, school system, institution of postsecondary education, education service district, state regional program, or other educational agency that has requested the records and in which the student seeks or intends to enroll, or is enrolled in or receives services from the other agency or institution. The term "receives services" includes, but is not limited to, an evaluation or re-evaluation for purposes of determining whether a student has a disability.

(3) The disclosure is, subject to the requirements of OAR 581-021-0370, to authorized representatives of:

(a) The Comptroller General of the United States;

(b) The Secretary of the U.S. Department of Education;

(d) The Oregon Secretary of State's Audit Division.

(4) The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to:

(a) Determine eligibility for the aid;

(b) Determine the amount of the aid;

(d) Enforce the terms and conditions of the aid;

(e) As used in this section, "financial aid" means a payment of funds provided to an individual (or a payment in king of tangible or intangible property to the individual) that is conditioned on the individual's attendance at an education agency or institution.

(5)(a) The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to:

(A) Develop, validate, or administer predictive tests;

(B) Administer student aid programs; or

(b) The agency or institution may disclose information under this section only if:

(A) The study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization; and

(B) The information is destroyed when no longer needed for the purposes for which the study was conducted.

(c) For the purposes of this section, the term "organization" includes, but is not limited to, federal, state and local agencies, and independent organizations.

(6) The disclosure is to accrediting organizations to carry out their accrediting functions.

(7) The disclosure is to parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1986.

(8) The disclosure is to comply with a judicial order or lawfully issued subpoena subject to the requirements of OAR 581-021-0371.

(9) The disclosure is related to a legal action subject to the conditions of OAR 581-021-0372.

(10) The disclosure is in connection with a health or safety emergency, under the conditions described in OAR 581-021-0380.

(11) The disclosure is information the educational agency or institution has designated as "directory information," under the conditions described in OAR 581-021-0390.

(12) The disclosure is to the parent of a student who is not an eligible student or to an eligible student.

(13) The disclosure is to a court and state and local juvenile justice agencies including, but not limited to, law enforcement agencies, juvenile departments and child protective service agencies subject to conditions described in OAR 581-021-0391.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 326.565, 336.187 & 34 CFR § 99.31 336.187
Statutes/Other Implemented: ORS 326.565
ODE 8-2007, f. & cert. ef. 3-1-07
EB 20-1995, f. & cert. ef. 7-25-95
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0350 Limitations on the Redisclosure of Information

(1) An educational agency or institution may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student. The officers, employees, and agents of a party that receives information under this section may use the information, but only for the purposes for which the disclosure was made.

(2) Section (1) of this rule does not prevent an educational agency or institution from disclosing personally identifiable information with the understanding that the party receiving the information may make further disclosures of the information on behalf of the educational agency or institution if:

(a) The disclosures meets the requirements of OAR 581-021-0340; and

(b) The educational agency or institution has complied with the requirements in OAR 581-021-0400(2).

(3) Section (1) of this rule does not apply to the following:

(a) Disclosures to parents of a dependent student under OAR 581-021-0340(7) or to an eligible student;

(b) Disclosures pursuant to court orders, lawfully issued subpoenas, or legal action under OAR 581-021-0340(8) or (9);

(4) When applicable, an educational agency or institution shall inform a party to whom disclosure is made of the requirements of this rule.

(5) If the Family Policy Compliance Office determines that a third party improperly rediscloses personally identifiable information from education records in violation of paragraph 1, the educational agency or institution may not allow that third party access to personally identifiable information from education records for at least five years.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.33
Statutes/Other Implemented: ORS 326.565
ODE 8-2007, f. & cert. ef. 3-1-07
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0360 Conditions for the Disclosure of Information to Other Educational Agencies or Institutions

(1) An educational agency or institution that discloses an education record under OAR 581-021-0340(2) to officials of another school or school system where the student seeks or intends to enroll shall:

(a) Annually notify parents or eligible students that it forwards education records requested under OAR 581-021-0250(1)(m) and (p) within 10 days of receiving the request;

(b) Make a reasonable attempt to notify the parent or eligible student at the last known address of the parent or eligible student, unless:

(A) The disclosure is initiated by the parent or eligible student; or

(B) The annual notification of the agency or institution under §99.6 includes a notice that the agency or institution forwards education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll;

(b) Give the parent or eligible student, upon request, a copy of the record that was disclosed; and

(2) An educational agency or institution may disclose an education record of a student in attendance to another educational agency or institution if:

(a) The student is enrolled in or receives services from the other agency or institution; and

(b) The disclosure meets the requirements of section (1) of this rule.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.34
Statutes/Other Implemented: ORS 326.565
ODE 8-2007, f. & cert. ef. 3-1-07
EB 20-1995, f. & cert. ef. 7-25-95
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0370 Conditions for the Disclosure of Information for Federal or State Program Purposes

(1) The officials listed in OAR 581-021-0340(3) shall have access to education records in connection with an audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal or state legal requirements which relate to those programs.

(2) Information that is collected under section (1) of this rule must:

(a) Be protected in a manner that does not permit personal identification of individuals by anyone except the officials referred to in section (1) of this rule; and

(b) Be destroyed when no longer needed for the purposes listed in section (1) of this rule.

(3) Section (2) of this rule does not apply if:

(a) The parent or eligible student has given written consent for the disclosure under OAR 581-021-0330; or

(b) The collection of personally identifiable information is specifically authorized by state or federal law.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.35
Statutes/Other Implemented: ORS 326.565
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0371 Conditions for Disclosure of Information to Comply with Judicial Order or Subpoena

(1) Under this section, unless required by a court order or a warrant authorized by a court, the educational agency or institution may not disclose, for the purpose of enforcement of federal immigration laws, the following information concerning a student, whether current or otherwise:

(a) The student’s address;

(b) The student’s workplace or hours of work;

(d) The student’s contact information, including telephone number, electronic mail address or social media account information;

(e) The identity of known associates or relatives of the student;

(f) The date, time or location of the student’s hearings, proceedings or appointments with the educational agency or institution that are not matters of public record;

(g) The student’s citizenship or immigration status; or

(h) Information described in paragraphs (a) through (g) of this subsection with respect to known relatives or associates of the student.

(2) The agency or institution must make a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of disclosure, so that the parent or eligible student may seek protective action except as provided below.

(3) Notice to the parent or eligible student under paragraph (2) is not required if the disclosure is in compliance with:

(a) A federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or

(b) Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.

History

Statutory/Other Authority: ORS 326.565, 34 CFR § 99.31 & ORS 180.805
Statutes/Other Implemented: ORS 326.565
ODE 28-2025, amend filed 06/16/2025, effective 08/01/2025
ODE 16-2025, temporary amend filed 03/13/2025, effective 03/14/2025 through 09/09/2025
ODE 8-2007, f. & cert. ef. 3-1-07

Or. Admin. R. 581-021-0372 Conditions for the Disclosure of Information When Legal Action Initiated

(1) If an educational agency or institution initiates legal action against a parent or student, the educational agency or institution may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the educational agency or institution to proceed with the legal action as plaintiff.

(2) If a parent or eligible student initiates legal action against an educational agency or institution, the educational agency or the institution may disclose to the court, without a court order or subpoena, the student’s education records that are relevant for the educational agency or institution to defend itself.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.31
Statutes/Other Implemented: ORS 326.56
ODE 8-2007, f. & cert. ef. 3-1-07

Or. Admin. R. 581-021-0380 Conditions for the Disclosure of Information in Health and Safety Emergencies

(1) An educational agency or institution shall disclose personally identifiable information from an education record to law enforcement, child protective services, and health care professionals, and other appropriate parties in connection with a health and safety emergency if knowledge of the information is necessary to protect the health and safety of the student or other individuals.

(2) Nothing in this Act or this part shall prevent an educational agency or institution from:

(a) Including in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community;

(b) Disclosing appropriate information maintained under paragraph (2)(a) of this section to teachers and school officials in other schools who have been determined to have legitimate educational interests in the behavior of the student.

(3) Paragraphs (1) and (2) of this section will be strictly construed.

(4) As used in this rule, a "health or safety emergency" includes, but is not limited to, law enforcement efforts to locate a child who may be a victim of kidnap, abduction, or custodial interference and law enforcement or child protective services efforts to respond to a report of child abuse or neglect pursuant to ORS 418.750 to 418.760.

(3) Sections (1) and (4) of this rule shall be strictly construed.

History

Statutory/Other Authority: ORS 326.565, 336.187 & 34 CFR § 99.36
Statutes/Other Implemented: ORS 336.187 & 326.565
ODE 8-2007, f. & cert. ef. 3-1-07
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0390 Conditions for the Disclosure of Directory Information

(1) An educational agency or institution may disclose directory information if it has given annual public notice to parents of students in attendance and eligible students in attendance at the educational agency or institution of:

(a) The types of personally identifiable information that the educational agency or institution has designated as directory information;

(b) A parent or eligible student’s right to refuse to let the educational agency or institution designate any or all of those types of information about the student as directory information; and

(c) The period of time within which a parent or eligible student has to notify the educational agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information.

(2) An educational agency or institution may disclose directory information about former students without meeting the conditions in section (1) of this rule.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.37
Statutes/Other Implemented: ORS 326.565
EB 20-1995, f. & cert. ef. 7-25-95
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0391 Conditions for the Disclosure of Information to Juvenile Justice Agencies

An educational agency or institution may disclose personally identifiable information to a court and state and local juvenile justice agencies including, but not limited to, law enforcement agencies, juvenile departments and child protective service agencies provided that:

(1) Disclosure relates to the court’s or juvenile justice agency’s ability to serve the needs of a student prior to the student’s adjudication under ORS chapter 419C.

(2) A person to whom personally identifiable information is disclosed under this paragraph shall certify, in writing, that the person will not disclose the information to a third party other than another court or juvenile justice agency or a person or organization providing direct services to the student on behalf of a juvenile justice agency.

History

Statutory/Other Authority: ORS 326.565, 336.187 & 34 CFR § 99.
Statutes/Other Implemented: ORS 326.56
ODE 8-2007, f. & cert. ef. 3-1-07

Or. Admin. R. 581-021-0400 Recordkeeping Requirements

(1) An educational agency or institution shall maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student:

(a) The agency or institution shall maintain the record with the education records of the student as long as the records are maintained;

(b) For each request or disclosure the record must include:

(A) The parties who have requested or received personally identifiable information from the education records;

(B) The date access was given; and

(2) If an educational agency or institution discloses personally identifiable information from an education record with the understanding authorized under OAR 581-021-0350(2), the record of disclosure required under this section must include:

(a) The names of the additional parties to which the receiving party may disclose the information on behalf of the educational agency or institution; and

(b) The legitimate interests under OAR 581-021-0340 which each of the additional parties has in requesting or obtaining the information.

(3) The following parties may inspect the record relating to each student:

(a) The parent or eligible student;

(b) The school official or his or her assistants who are responsible for the custody of the records;

(c) Those parties authorized in OAR 581-021-0340(1) and (3) for the purposes of auditing the recordkeeping procedures of the educational agency or institution.

(4) Section (1) of this rule does not apply if the request was from or the disclosure was to:

(a) The parent or eligible student;

(b) A school official under OAR 581-021-0340(1);

(d) A party seeking directory information.

(e) A party seeking or receiving the records as directed by a Federal grand jury or other law enforcement subpoena and the issuing court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.

History

Statutory/Other Authority: ORS 326.565 & 34 CFR § 99.32 & 34 CFR 300.614
Statutes/Other Implemented: ORS 326.565
ODE 8-2007, f. & cert. ef. 3-1-07
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0410 Filing a Federal Complaint

(1) A person may file a written complaint with the Family Policy Compliance Office, U.S. Department of Education, regarding an alleged violation under the Family Educational Rights and Privacy Act. The office's address is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave. SW, Washington, D.C. 20202-5920.

(2) A timely complaint under section (1) of this rule is defined as an allegation of a violation of the Family Educational Rights and Privacy Act that is submitted to the Family Policy Compliance Office within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonable should have know of the alleged violation.

(3) The Family Policy Compliance Office extends the time limit in section (2) of this rule if the complainant shows that he or she was prevented by circumstances beyond the complainant's control from submitting the matter within the time limit, or for other reasons considered sufficient by the Family Policy Compliance Office.

History

Statutory/Other Authority: ORS 326.565, 34 CFR § 99.63 & 99.64
Statutes/Other Implemented: ORS 326.565
ODE 8-2007, f. & cert. ef. 3-1-07
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0420 Civil Action

Any person claiming to be aggrieved by the reckless disclosure of personally identifiable information from a student’s education records, as prohibited by OAR 581-021-0220 through 581-021-0440, may file a civil action in circuit court pursuant to ORS 30.864.

History

Statutory/Other Authority: ORS 30.864 & 326.565
Statutes/Other Implemented: ORS 326.565
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0430 The Distribution of Rules Relating to Student Records

(1) The State Board of Education shall distribute the administrative rules regarding student education records to all school districts.

(2) School districts shall make those rules available to the public schools in the district and to the public.

History

Statutory/Other Authority: ORS 326.565
Statutes/Other Implemented: ORS 326.565
EB 5-1994, f. & cert. ef. 4-29-94
EB 31-1993(Temp), f. 10-6-93, cert. ef. 11-6-93

Or. Admin. R. 581-021-0505 Radio Frequency Identification Device Policy for Student

Any school district that plans to use a Radio Frequency Identification Device (RFID) for the purpose of locating or tracking a student or taking student attendance shall adopt a policy regarding the use of RFID. The policy shall incorporate the standards outlined in this rule.

(1) Privacy and security standards:

(a”) No personally identifiable information may be stored on the RFID;

(b) The RFID may not have a readable range of more than 10 feet;

(c) All data collected as part of a RFID program shall be considered part of the student record and shall be retained in accordance with state and federal student record laws and data privacy and security standards;

(d) Data collected as part of a RFID program shall be retained for no more than 72 hours, except records for the purpose of taking attendance; and

(e) RFID reader locations must be conspicuously marked.

(2) Notification to parents and students:

(a) Districts that are beginning a RFID program shall provide notice to parents and students at least 30 days before the district implements use of the RFID program. The notification shall:

(A) Specify the purpose for the RFID program;

(B) Specify where the RFID readers will be located;

(C) Outline the expectations of participation in the program including any possible disciplinary actions for not following the RFID program rules;

(D) Inform parents and students of the right to not participate in the RFID program and how to opt out;

(E) Outline the procedure to not participate in the RFID program; and

(F) Be communicated in at least two formats, one of which shall be the school district website, if available.

(b) Districts that have established RFID programs shall provide a notice to parents and students annually at least 30 days prior to the first day of classes. The notification shall meet the requirements outlined in paragraph (a) of this subsection.

(c) If the district expands the use of RFID beyond the purpose specified in the notification requirement of paragraphs (a) or (b) of this subsection, the district shall provide notice to parents and students at least 30 days prior to the start of the new use of the RFID. The notification shall meet the requirements outlined in paragraph (a) of this subsection.

(3) Notwithstanding subsection (3) of this rule, districts may create RFID programs without notification if the district creates a form allowing parents to voluntarily opt-in to a RFID program.

(a) The form created under this section shall:

(A) Require a parent signature or signature of a student if the student is 14 years of age or older for consent to join the RFID program;

(B) Specify the purpose for the RFID program;

(D) Outline the expectations of participation in the program including any possible disciplinary actions for not following the RFID program rules;

(E) Outline the procedures to discontinue participation in the RFID program; and

(F) Expire one year from the date that the form is signed by the parent.

(b) RFID programs administered under this section shall not require any student to use RFID who does not have a consent form on file.

(c) Districts wishing to expand the RFID program to students without a valid consent form on file must provide 30 day notification as outlined in section (3) of this rule.

(4) Parents or students who are 14 years of age or older may provide notice in writing that they no longer wish to participate in a RFID program as outlined in section (3) or (4) of this rule. The district shall:

(a) Not ask for the reason or justification for the request;

(b) Not impose a time restriction for a request to be made;

(d) Not initiate or continue any disciplinary action against the student for not following the RFID program rules.

(5) As used in this rule:

(a) “Personally identifiable information” means data that could potentially identify a specific individual.

(b) “RFID” means a Radio Frequency Identification Device.

History

Statutory/Other Authority: ORS 339.890
Statutes/Other Implemented: ORS 339.890
ODE 24-2016, f. & cert. ef. 4-7-16

Or. Admin. R. 581-021-0510 Fingerprinting: Definitions

As used in OAR 581-021-0510 through 581-021-0512, the following definitions apply:

(1)(a) “Conviction” means:

(A) Any adjudication in any criminal court of law, in this state or in any other jurisdiction, finding the individual committed a crime. A crime is an offense for which a sentence of imprisonment is authorized.

(B) Any adjudication in a juvenile proceeding, in this state or in any other jurisdiction, determining that the individual committed an offense, which if done by an adult, would constitute a crime listed in ORS 342.143.

(C) Any conduct which resulted in mandatory registration reporting as a sex offender in this state or any other jurisdiction or current requirement to register as a sex offender. A later court order or other action relieving the individual of the sex offender registration/reporting requirement does not affect the status of the conduct as a conviction for purposes of this rule.

(D) Any plea of guilty, no contest or nolo contendere in connection with a crime, in this state or in any other jurisdiction.

(b) Notwithstanding subsection (a) of this section, the following additional guidelines apply when determining whether a conviction exists:

(A) A conviction does not exist where a dismissal was later entered into the record in connection with a diversion or on any sort of deferred adjudication or delayed entry of judgment.

(B) A conviction does not exist where an Oregon court has expunged or otherwise removed a conviction from the record of an individual. A conviction does exist for purposes of this rule even if a crime was expunged or removed from the record of the individual under the laws of another jurisdiction if the crime would be ineligible under ORS 137.225 for expunction or removal from the record if the conviction had occurred in Oregon.

(C) A conviction does not exist where an individual was granted a full pardon by executive order of the Governor of this state. A conviction does exist for purposes of this rule even if a crime was pardoned by executive order in another jurisdiction, unless the Superintendent of Public Instruction determines that the pardon issued by the other jurisdiction is the equivalent of a full pardon by executive order in this state.

(D) Except as noted above, a conviction does not exist only where there was a judicial adjudication that the individual did not commit the offense in question, or when a conviction, adjudication or plea is overturned by an appellate court of record and no later conviction, adjudication or plea indicating the individual committed the offense in question is on the record.

(2) “DAS” means State of Oregon, Department of Administrative Services;

(3) “Direct, unsupervised contact with students” means contact with students that provides the person opportunity and probability for personal communication or touch when not under direct supervision;

(4) “DOB” means date of birth;

(5) “FBI” means the Federal Bureau of Investigations;

(6) “Fingerprint information” means all information requested by the Oregon Department of Education for processing the fingerprint application, including the following:

(a) One properly completed fingerprint submission; and

(b) A properly completed Oregon Department of Education fingerprint based criminal history verification form.

(7) “Knowingly made a false statement” means the failure to disclose on the Oregon Department of Education fingerprint based criminal history verification form as part of the criminal records check process any of the following:

(a) A conviction of a felony;

(b) Any conviction of a misdemeanor within the previous 20 years;

(8) “LEDS” means the Law Enforcement Data System;

(9) “School District” means:

(a) A school district as defined in ORS 330.005;

(b) The Oregon School for the Deaf;

(d) A public charter school as defined in ORS 338.005; and

(e) An education service district.

(10) “SSF” means State School Fund;

(11)(a) “Subject individual” means:

(A) Any person hired within the last three months by a school district and not requiring licensure under ORS 342.223;

(B) Any person employed as or by a contractor into a position having direct, unsupervised contact with students and not requiring licensure under ORS 342.223;

(i) At the site of an early childhood education program or at a school site as part of an early childhood program; or

(ii) At a kindergarten through grade 12 school site during the regular school day; and

(D) A person who is an employee of a public charter school and not requiring licensure under ORS 342.223;

(b) “Subject individual” does not include an employee hired within the last three months if the school district has on file evidence that the employee:

(A) Successfully completed a state and national criminal records check for a previous employer that was a school district or private school; and

(B) Has not resided outside the state between the two periods of employment.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.603 & ORS 326.607
ODE 7-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 22-2019, adopt filed 06/25/2019, effective 06/25/2019

Or. Admin. R. 581-021-0511 Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses

(1) School districts shall adopt and implement local board policy related to fingerprint collection and processing which shall:

(a) Specify that subject individuals as defined by this rule are subject to fingerprinting and criminal records checks required by law;

(b) Specify which contractors will be considered to have unsupervised access to children and are subject to fingerprinting and criminal records checks required by law;

(c) Specify the format used to notify subject individuals that fingerprinting and criminal record checks are required by law and that any action resulting from those checks may be appealed as a contested case;

(d) Provide a clear statement that the district will terminate the employee, if it receives notification by the Superintendent of Public Instruction that the person has a conviction for any of the crimes prohibiting employment that are identified under section (8) of this rule;

(e) Provide a clear statement that the district may terminate the employee, if it receives notification by the Superintendent of Public Instruction that the person has knowingly made a false statement as to the conviction of any crime;

(f) Specify that subject individuals may begin to carry out terms of a contract or employment on a probationary basis pending the return of state and national criminal records checks;

(g) Identify that employment shall be offered prior to collecting fingerprint information and that fees may be collected from the subject individual. The subject individual may request that the amount of the fee be withheld from the amount otherwise due the individual, and the school district shall withhold the amount only upon the request of the subject individual; and

(h) Identify a procedure that ensures the integrity of fingerprint collection and will prevent any possible compromise of the process.

(2) Fingerprints may be collected by one of the following:

(a) Employing school district staff;

(b) Contracted agent of employing school district;

(d) Statewide vendor identified by the Oregon Department of Administrative Services.

(3) Immediately following offer and acceptance of employment or contract, school districts shall send fingerprint information for each subject individual to the Oregon Department of Education for purposes of a criminal records check.

(4) Criminal records check requests shall be submitted electronically through the statewide vendor identified by DAS. Exemptions from this requirement may be granted by the Oregon Department of Education on an individual basis. Reasons for exemption include, but are not limited to, geographic location and ability of vendor to meet needs. School districts exempted from the electronic process shall submit fingerprint information on forms provided by the Oregon Department of Education.

(5) The Oregon Department of Education shall request criminal records information from the Oregon State Police in the manner prescribed by law. A fee per criminal records check request shall be established by the department, reviewed annually, and commensurate to cost changes to Oregon State Police or Federal Bureau of Investigation fee schedules and other costs associated with acquiring and furnishing criminal offender information. The fee shall be:

(a) Deducted from the SSF payment for school districts that receive SSF payments; or

(b) Invoiced to school districts that do not receive SSF payments.

(6) Upon receipt of criminal records information, the Oregon Department of Education shall review the criminal records of a subject individual. The State Superintendent of Public Instruction shall:

(a) Issue to the subject individual a statement of criminal history status and information regarding their right to an appeal if they do not meet the requirements for employees or contractors or knowingly made a false statement as to a conviction of a crime; and

(b) Issue to the school district a statement of criminal history status and related impact on employment or contract qualification and, if applicable, the Oregon Department of Education’s determination that the subject individual knowingly made a false statement as to conviction of a crime.

(7) Subject individuals who refuse to consent to the criminal records check or refuse to be fingerprinted shall be terminated from employment or contract status by the district.

(8) Subject individuals who have a conviction for any of the crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if the conviction occurred in another jurisdiction or in Oregon under a different statutory name or number, shall be refused continued employment or have employment terminated upon notification from the Superintendent of Public Instruction.

(9) A school district may terminate the employment of any subject individual who knowingly makes a false statement as to the conviction of a crime upon notification of the false statement by the Superintendent of Public Instruction.

(10) Evaluations of crimes shall be based on Oregon laws in effect at the time of conviction, regardless of the jurisdiction in which the conviction occurred.

(11) Prior to making a determination that results in a notice and opportunity for hearing, the Superintendent of Public Instruction may cause an investigation to be undertaken. Subject individuals and districts shall cooperate with the investigation and may be required to furnish oral or written statements by affidavit or under oath. If the Superintendent of Public Instruction determines through investigation that a violation of this rule has not occurred, a written decision explaining the basis for the decision will be provided to the subject individual.

(12) Subject individuals may appeal a determination that prevents their employment or eligibility to contract with a school district as a contested case under ORS 183.413 to 183.470 to the Superintendent of Public Instruction.

(13) The Oregon Department of Education shall not provide copies of criminal records to anyone except as provided by law. The subject individual may inspect his or her personal criminal records under the supervision of properly certified LEDS personnel at the Oregon Department of Education.

(14) The Oregon Department of Education shall maintain a record of all properly submitted fingerprint information. The record shall include at least the following:

(a) Fingerprint sequence number;

(b) District submitting the fingerprints;

(d) Date fingerprint information is sent to Oregon State Police; and

(e) Date denial or final approval sent to district.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.603
ODE 18-2023, amend filed 07/28/2023, effective 07/28/2023
ODE 24-2022, amend filed 05/02/2022, effective 05/02/2022
ODE 40-2021, temporary amend filed 12/29/2021, effective 12/29/2021 through 06/26/2022
ODE 22-2019, adopt filed 06/25/2019, effective 06/25/2019

Or. Admin. R. 581-021-0512 Non-employment criminal background checks for school districts

(1) School districts that have volunteers that have direct unsupervised contact with students shall have a policy requiring those volunteers to undergo a criminal records check.

(2) State criminal records check based on name and DOB:

(a) A school district may submit a request to the Oregon Department of Education for an in-state criminal records check in LEDS based on name and DOB on any volunteer.

(b) State criminal records check requests made under this section shall:

(A) Use forms provided by the Oregon Department of Education;

(B) Include an authorization from the volunteer for the Oregon Department of Education to perform a criminal records check; and

(3) State and national criminal records check based on fingerprints:

(a) A school district may submit a request to the Oregon Department of Education for a fingerprint-based criminal records check for volunteers identified in local board policy as requiring a fingerprint-based criminal records check.

(b) Requests for fingerprint-based criminal records checks shall be submitted electronically through the statewide vendor identified by DAS. Exemptions from this requirement may be granted by the Oregon Department of Education on an individual basis. Reasons for exemption include, but are not limited to, geographic location and ability of vendor to meet needs. School districts exempted from the electronic process shall submit fingerprint information on forms provided by the Oregon Department of Education;

(c) A fee shall be established by the department, reviewed annually, and commensurate to cost changes to Oregon State Police or Federal Bureau of Investigation fee schedules and other costs associated with acquiring and furnishing criminal offender information. The fee shall be:

(A) Deducted from the SSF payment for school districts that receive SSF payments; or

(B) Invoiced to school districts that do not receive SSF payments.

(d) A fingerprint-based criminal records check conducted in accordance with this section will be a state and national check through the Oregon State Police and the FBI.

(4) The Oregon Department of Education shall review the criminal records when a request is made under section (2) or (3) of this rule, make a fitness determination, and notify the school district of that determination.

(a) A volunteer does not meet the fitness standards of this rule if the individual has:

(A) A conviction for any of the crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if the conviction occurred in another jurisdiction or in Oregon under a different statutory name or number; or

(B) Knowingly made a false statement.

(b) The Oregon Department of Education shall not provide copies of criminal records to anyone except as provided by law.

(5) Notwithstanding the fitness determination made by the Oregon Department of Education pursuant to this rule, a school district may allow a volunteer that has undergone a criminal records check to have direct, unsupervised contact with school children.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.607
ODE 18-2023, amend filed 07/28/2023, effective 07/28/2023
ODE 24-2022, amend filed 05/02/2022, effective 05/02/2022
ODE 40-2021, temporary amend filed 12/29/2021, effective 12/29/2021 through 06/26/2022
ODE 22-2019, adopt filed 06/25/2019, effective 06/25/2019

Or. Admin. R. 581-021-0515 Background Check on Athlete Agents

(1) Definitions

(a) “Athlete agent” has the definition given in ORS 702.005(2)(a).

(b) “Athlete agent application” meets the specifications given in ORS 702.017.

(2) The Oregon Department of Education shall conduct a fingerprint-based criminal history background check on every athlete agent applicant.

(a) Criminal records check requests shall be submitted electronically through the statewide vendor identified by DAS. Exemptions from this requirement may be granted by the Oregon Department of Education on an individual basis. Reasons for exemption include, but are not limited to, geographic location and ability of vendor to meet needs. Athlete Agent applicants exempted from the electronic process shall submit fingerprint information on forms provided by the Oregon Department of Education.

(b) The Oregon Department of Education shall request criminal records information from the Oregon State Police in the manner prescribed by law.

(3) The Oregon Department of Education shall refuse to issue a certificate of registration where:

(a) The athlete agent fails to submit a completed athlete agent application or complete the required background check;

(b) The background check reveals that the athlete agent applicant has been convicted of a crime listed in ORS 342.143, or the substantial equivalent of any of those crimes if the conviction occurred in another jurisdiction or in Oregon under a different statutory name or number;

(c) The athlete agent applicant made a false, misleading, deceptive, or fraudulent representation on the athlete agent application;

(d) The athlete agent applicant is subject to mandatory registration reporting as a sex offender in this state or in any other jurisdiction; or

(e) The athlete agent applicant has pleaded guilty or no contest to, has been convicted of, or has charges pending for a crime that, if committed in Oregon, would be a crime involving moral turpitude or a felony.

(4) The Oregon Department of Education may refuse to issue a certificate of registration where:

(a) The athlete agent applicant has engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;

(b) The athlete agent applicant has engaged in conduct prohibited by ORS 702.027;

(c) The athlete agent applicant has a registration or licensure as an athlete agent suspended, revoked or denied or been refused renewal of registration or licensure as an athlete agent in any state;

(d) The athlete agent applicant has engaged in conduct the consequence of which was that a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution; or

(e) The athlete agent applicant has engaged in conduct that significantly adversely reflects on the applicant’s credibility, honesty or integrity.

(5) The department may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under subsections (3) or (4) of this rule.

(6) Evaluations of crimes shall be based on Oregon laws in effect at the time of conviction, regardless of the jurisdiction in which the conviction occurred.

(7) Prior to making a determination that results in a notice and opportunity for hearing, the Oregon Department of Education may cause an investigation to be undertaken. Subject individuals shall cooperate with the investigation and may be required to furnish oral or written statements by affidavit or under oath. If the Department determines through investigation that a violation of this rule has not occurred, a written decision explaining the basis for the decision will be provided to the subject individual.

(8) Subject individuals may appeal a determination that prevents their issuance of a Permit as a contested case under ORS 183.413 to 183.470 to the Oregon Department of Education.

(9) The Oregon Department of Education shall not provide copies of criminal records to anyone except as provided by law.

(10) The Oregon Department of Education shall maintain a record of all properly submitted fingerprint information. The record shall include at least the following:

(a) Permit number

(b) Athlete Agent applicant submitting the fingerprints;

(d) Date fingerprint information is sent to Oregon State Police; and

(e) Date Athlete Agent applicant denied or Permit approved.

(11) A Temporary Athlete Agent Permit issued by The Oregon Department of Education shall allow 14 days of athlete agent privileges if the applicant does not hold a current permit, if payment and application have been received, and the applicant has submitted fingerprinting. Oregon Department of Education shall only issue one temporary permit within a period of two years.

(12)An Athlete Agent shall notify Oregon Department of Education within 30 days of any change in employer or contact information.

History

Statutory/Other Authority: ORS 702.012
Statutes/Other Implemented: ORS 702.012
ODE 54-2024, amend filed 10/25/2024, effective 10/25/2024
ODE 27-2021, adopt filed 06/29/2021, effective 06/29/2021

Or. Admin. R. 581-021-0550 Definitions: Restraint and Seclusion

As used in OAR 581-021-0550 to 581-021-0570:

(1) “Chemical restraint” means a drug or medication that is used on a student to control behavior or restrict freedom of movement and that is not:

(a) Prescribed by a licensed physician or other qualified health professional acting under the professional's scope of practice for standard treatment of the student's medical or psychiatric condition; and

(b) Administered as prescribed by a licensed physician or other qualified health professional acting under the professional's scope of practice.

(2)(a) “Mechanical restraint” means a device used to restrict the movement of a student or the movement or normal function of a portion of the body of a student.

(b) “Mechanical restraint” does not include:

(A) A protective or stabilizing device ordered by a licensed physician; or

(B) A vehicle safety restraint when used as intended during the transport of a student in a moving vehicle.

(3) “Prone restraint” means a restraint in which a student is held face down on the floor.

(4) “Public education program” means a program in this state that:

(a) Is for students in early childhood education, elementary school or secondary school;

(b) Is under the jurisdiction of a school district, an education service district or another educational institution or program; and

(c) Receives, or serves students who receive, support in any form from any program supported, directly or indirectly, with funds appropriated to the Department of Education.

(5)(a) “Restraint” means the restriction of a student’s actions or movements by holding the student or using pressure or other means.

(b) “Restraint” does not include:

(A) Holding a student’s hand or arm to escort the student safely and without the use of force from one area to another;

(B) Assisting a student to complete a task if the student does not resist the physical contact; or

(C) Providing reasonable intervention with the minimal exertion of force necessary if the intervention does not include a restraint prohibited under ORS 339.288 and the intervention is necessary to:

(i) Break up a physical fight;

(ii) Interrupt a student’s impulsive behavior that threatens the student’s immediate safety, including running in front of a vehicle or climbing on unsafe structures or objects; or

(iii) Effectively protect oneself or another from an assault, injury or sexual contact with the minimum physical contact necessary for protection.

(6)(a) “Seclusion” means the involuntary confinement of a student alone in a room from which the student is physically prevented from leaving. Seclusion includes, but is not limited to, the involuntary confinement of a student alone in a room with a closed door, whether the door is locked or unlocked.

(b) “Seclusion” does not include:

(A) The removal of a student for a short period of time to provide the student with an opportunity to regain self-control if the student is in a setting from which the student is not physically prevented from leaving; or

(B) A student being left alone in a room with a closed door for a brief period of time if the student is left alone for a purpose that is unrelated to the student’s behavior.

(7) “Seclusion cell” means a freestanding, self-contained unit that is used to:

(a) Isolate the student from other students; or

(b) Physically prevent a student from leaving the unit or cause the student to believe that the student is physically prevented from leaving the unit.

(8) “Serious bodily injury” means any significant impairment of the physical condition of a person, as determined by qualified medical personnel, whether self-inflicted or inflicted by someone else.

(9) “Substantial physical or bodily injury” means any impairment of the physical condition of a person that requires some form of medical treatment.

(10) “Supine restraint” means a restraint in which a student is held face up on the floor.

History

Statutory/Other Authority: ORS. 326.051
Statutes/Other Implemented: ORS 339.285 - 339.303
ODE 145-2019, amend filed 10/24/2019, effective 10/24/2019
ODE 15-2014, f. & cert. ef. 3-4-14
ODE 13-2014, f. & cert. ef. 2-19-14
ODE 12-2012, f. 3-30-12, cert. ef. 5-1-12

Or. Admin. R. 581-021-0553 Use of Restraint and Seclusion in Public Education Programs

(1)(a) The use of the following types of restraint on a student in a public education program is prohibited:

(A) Chemical restraint;

(B) Mechanical restraint;

(D) Supine restraint;

(E)(i) Any restraint that involves the intentional and nonincidental use of a solid object, including a wall or the floor, to impede a student’s movement, unless the restraint is necessary to prevent an imminent life-threatening injury or to gain control of a weapon;

(ii) Notwithstanding paragraph (a)(E)(i) of this subsection, the use of a solid object, including a piece of furniture, a wall, or the floor, by public education program personnel performing a restraint is not prohibited if the object is used for the personnel’s own stability or support while performing the restraint and not as a mechanism to apply pressure directly to the student’s body;

(F)(i) Any restraint that places, or creates a risk of placing, pressure on a student’s mouth, neck or throat, or that impedes, or creates a risk of impeding, a student’s breathing;

(ii) Notwithstanding paragraph (a)(F)(i) of this subsection, a restraint that places, or creates a risk of placing, pressure on a student’s mouth may be used if the restraint is necessary for the purpose of extracting a body part from a bite;

(G) Any restraint that involves the intentional placement of the hands, feet, elbow, knee or any object on a student’s neck, throat, genitals or other intimate parts; and

(H) Any restraint that causes pressure to be placed, or creates a risk of causing pressure to be placed, on a student’s stomach or back by a knee, foot or elbow bone.

(b) The use of any action designed for the primary purpose of inflicting pain upon a student in a public education program is prohibited.

(2) Restraint or seclusion may not be used for discipline, punishment, retaliation or convenience of personnel, contractors or volunteers of a public education program.

(3)(a) Restraint may be used on a student in a public education program only under the following circumstances:

(A) The student’s behavior imposes a reasonable risk of imminent and substantial physical or bodily injury to the student or others; and

(B) Less restrictive interventions would not be effective.

(b) Seclusion may be used on a student in a public education program only under the following circumstances:

(A) The student’s behavior imposes a reasonable risk of imminent and serious bodily injury to the student or others; and

(B) Less restrictive interventions would not be effective.

(4) If restraint or seclusion is used on a student, the restraint or seclusion must be:

(a) Used only for as long as the student's behavior poses a reasonable risk as described in subsection (3) of this rule;

(b) Imposed by personnel of the public education program who are:

(A) Trained to use restraint or seclusion through programs approved by the Department of Education under OAR 581-021-0563; or

(B) Otherwise available in the case of an emergency circumstance when trained personnel are not immediately available due to the unforeseeable nature of the emergency circumstance; and

(5) If restraint or seclusion continues for more than 30 minutes:

(a) The student must be provided with adequate access to the bathroom and water every 30 minutes;

(b) Personnel of the public education program must immediately attempt to verbally or electronically notify a parent or guardian of the student; and

(c) Every 15 minutes after the first 30 minutes of the restraint or seclusion, an administrator for the public education program must provide written authorization for the continuation of the restraint or seclusion, including providing documentation for the reason the restraint or seclusion must be continued.

History

Statutory/Other Authority: ORS. 326.051
Statutes/Other Implemented: ORS 339.285 - 339.303
ODE 145-2019, amend filed 10/24/2019, effective 10/24/2019
ODE 15-2014, f. & cert. ef. 3-4-14
ODE 13-2014, f. & cert. ef. 2-19-14
ODE 12-2012, f. 3-30-12, cert. ef. 5-1-12

Or. Admin. R. 581-021-0556 Procedures Regarding Restraint and Seclusion

(1) Each entity that has jurisdiction over a public education program must establish procedures for the public education program to follow after an incident involving the use of restraint or seclusion.

(2) Following an incident involving the use of restraint or seclusion, the following must be provided to a parent or guardian of the student:

(a) Verbal or electronic notification of the incident by the end of the school day when the incident occurred.

(b) Written documentation of the incident within 24 hours of the incident that provides:

(A) A description of the restraint or seclusion, including:

(i) The date of the restraint or seclusion;

(ii) The times when the restraint or seclusion began and ended; and

(iii) The location of the restraint or seclusion.

(B) A description of the student's activity that prompted the use of restraint or seclusion.

(D) The names of the personnel of the public education program who administered the restraint or seclusion.

(E) A description of the training status of the personnel of the public education program who administered the restraint or seclusion, including any information that may need to be provided to the parent or guardian under subsection (3) of this rule.

(c) Timely notification of a debriefing meeting to be held and of the parent's or guardian's right to attend the meeting.

(d) Immediate, written notification of the existence of any records related to an incident of restraint or seclusion, including photos or audio or video recording.

(e) For purposes of this subsection, “immediate” means to act as soon as possible without undue delay, but in no case later than within 24 hours of the incident.

(3) If the personnel of the public education program who administered the restraint or seclusion had not received training from a program approved by the Department of Education, as required and in accordance with OAR 581-021-0563, the administrator of the public education program shall ensure that a parent or guardian of the student and the district superintendent or, if the public education program is a Youth Corrections Education Program provider under contract with the department, a Juvenile Detention Education Program provider under contract with the department, or a program that receives moneys pursuant to ORS 343.243, the person who oversees the administration of the program, receive written notification of:

(a) The lack of training; and

(b) The reason the restraint or seclusion was administered by a person without training.

(4) A debriefing meeting related to the use of restraint or seclusion must be held within two school days of the incident.

(a) The parent or guardian of the student must be invited to attend .

(b)The meeting must include all personnel of the public education program who were involved in the incident,and any other appropriate personnel.

(c) Written notes must be taken of the debriefing meeting, and a copy of the written notes must be provided to a parent or guardian of the student.

(d) The parent or guardian has the right to request another meeting in the event they were unable to attend the debriefing meeting that was required to be held within two school days of the restraint or seclusion incident.

(5) If a student is involved in five incidents in a school year involving restraint or seclusion, a team consisting of personnel of the public education program and a parent or guardian of the student must be formed for the purposes of reviewing and revising the student's behavior plan and ensuring the provision of any necessary behavioral supports.

(6) If serious bodily injury or death of a student occurs in relation to the use of restraint or seclusion:

(a) Oral notification of the incident must be provided immediately to a parent or guardian of the student and to the Department of Human Services; and

(b)Written notification of the incident must be provided to the Department of Human Services within 24 hours of the incident.

(7) If serious bodily injury or death of personnel of the public education program occurs in relation to the use of restraint or seclusion, written notification of the incident must be provided to the following individuals within 24 hours of the incident:

(a) The district superintendent, to the Superintendent of Public Instruction and, if applicable, the union representative for the affected party; or

(b) If the public education program is a Youth Corrections Education Program provider under contract with the department, a Juvenile Detention Education Program provider under contract with the department, or a program that receives moneys pursuant to ORS 343.243, the person who oversees the administration of the program and, if applicable, the union representative for the affected party.

(8) A public education program shall maintain a record of each incident in which injuries or death occurs in relation to the use of restraint or seclusion.

(9)(a) A public education program shall preserve, and may not destroy, any records related to an incident of restraint or seclusion, including an audio or video recording. The records must be preserved in the original format and without any alteration.

(b) The public education program shall review any audio or video recording preserved under this subsection in its original format and without any alteration at the debriefing meeting required to be held within two school days of the incident. The parent or guardian must be invited to the debriefing meeting at which the audio or video recording will be reviewed. The audio or video shall be reviewed in its entirety.

(10)(a) At the request of a student’s parent or guardian, a public education program shall disclose records preserved under this section to the parent or guardian. To the extent practicable without altering the meaning of the record, the public education program shall segregate or redact from a record disclosed under this paragraph any personally identifiable information of other students. If the public education program is unable to segregate or redact personally identifiable information of other students without altering the meaning of the record, the public education program shall disclose the record to the student’s parent or guardian in its original format and without any alteration.

(b) If the department is investigating the incident of restraint or seclusion as suspected child abuse, at the request of the department, the public education program shall disclose to the department or the department’s designee any records preserved under this section that are relevant to the department’s investigation. The public education program shall disclose any record under this paragraph in its original format and without any alteration.

(c) For purposes of this subsection, “disclose” means to inform the student’s parent or guardian that the record exists; that the record in its original format and without alteration will be available for review by the parent or guardian privately and in the debriefing meeting; and that a copy of the record will be provided to the student’s parent or guardian upon request in its original and unaltered form except to the extent that a redaction is needed to protect the personally identifiable information of another student.

(11)Pursuant to ORS 161.205 and 339.250, an individual who is a teacher, administrator, school employee or school volunteer may use reasonable physical force upon a student when and to the extent the application of force is consistent with ORS 339.285 to 339.303 and OAR 581-021-0553.

(12) District school boards shall adopt written policies to implement restraint and seclusion procedures consistent with and as indicated in ORS 339.285 to 339.308 and OARs 581-021-0550 to 581-021-0570, and shall inform teachers, administrators, school employees and school volunteers of those policies.

History

Statutory/Other Authority: ORS. 326.051
Statutes/Other Implemented: ORS 339.285 - 339.303
ODE 8-2024, amend filed 02/16/2024, effective 02/16/2024
ODE 145-2019, amend filed 10/24/2019, effective 10/24/2019
ODE 11-2019, amend filed 03/25/2019, effective 03/25/2019
ODE 15-2014, f. & cert. ef. 3-4-14
ODE 13-2014, f. & cert. ef. 2-19-14
ODE 12-2012, f. 3-30-12, cert. ef. 5-1-12

Or. Admin. R. 581-021-0563 Approval of Restraint and Seclusion Training Programs for School Staff

(1) The Department of Education shall approve training programs in restraint and seclusion that:

(a) Teach evidence-based techniques that are shown to be effective in the prevention and safe use of restraint or seclusion;

(b) Provide evidence-based skills training related to positive behavior support, conflict prevention, de-escalation and crisis response techniques; and

(c) Are consistent with the philosophies, practices and techniques for restraint and seclusion that are established by rule or policy of the Department of Human Services.

(2) A training program seeking approval must submit program materials that meet the expectations of subsection (1) of this rule in writing to the Oregon Department of Education.

(3) Approved training programs remain in effect unless significant changes are made to the program. If significant changes are made, the training program must be re-submitted for approval.

(4) The Oregon Department of Education must remove training programs from the approved list if they no longer meet the requirements specified in subsection (1) of this rule, or if they are found by the Oregon Department of Education to have violated any other laws.

History

Statutory/Other Authority: ORS. 326.051
Statutes/Other Implemented: ORS 339.285 - 339.303
ODE 145-2019, amend filed 10/24/2019, effective 10/24/2019
ODE 15-2014, f. & cert. ef. 3-4-14
ODE 13-2014, f. & cert. ef. 2-19-14
ODE 12-2012, f. 3-30-12, cert. ef. 5-1-12

Or. Admin. R. 581-021-0566 Required Use of Approved Restraint and Seclusion Programs

On or after July 1, 2012, a Public Education Program may only use training programs on restraint and seclusion that are approved by the Department of Education under OAR 581-021-0563. The Department of Education shall make the approved training list available to all Public Education Programs.

History

Statutory/Other Authority: ORS. 326.051
Statutes/Other Implemented: ORS 339.285 - 339.303
ODE 145-2019, amend filed 10/24/2019, effective 10/24/2019
ODE 15-2014, f. & cert. ef. 3-4-14
ODE 13-2014, f. & cert. ef. 2-19-14
ODE 12-2012, f. 3-30-12, cert. ef. 5-1-12

Or. Admin. R. 581-021-0568 Standards for Seclusion Rooms

(1) Beginning with the 2014–15 school year, public education programs must meet the following standards for the structural and physical requirements for rooms designated by the school to be used for seclusion:

(a) Any wall that is part of the room used for seclusion must be part of the structural integrity of the room (not free standing cells or portable units attached to the existing wall or floor), and must be no less than 64 square feet; the distance between adjacent walls must be no less than 7 feet across.

(b) The room must not be isolated from school staff of the facility;

(d) The door must open outward and contain a port of shatterproof glass or plastic through which the entire room may be viewed from outside; half doors are acceptable options as well where direct visual monitoring can occur.

(e) The room must contain no protruding, exposed, or sharp objects;

(f) The room must contain no free standing furniture.

(g) Windows must be transparent for both staff and the student to see in/out, and made of unbreakable or shatterproof glass or plastic. Non-shatterproof glass must be protected by adequate climb-proof screening;

(h) There must be no exposed pipes or electrical wiring in the room. Electrical outlets must be permanently capped or covered with a metal shield secured by tamper-proof screws. The room must contain lights which must be recessed or covered with screening, safety glass or unbreakable plastic. Any cover, cap or shield must be secured by tamper-proof screws;

(i) The room must meet State Fire Marshal fire, safety, and health standards. If sprinklers are installed, they must be recessed and/or covered with a cage. If pop-down type, sprinklers must have breakaway strength of less than 80 pounds. In lieu of sprinklers, combined smoke and heat detector must be used with similar protective design or installation;

(j) The room must be ventilated; heating and cooling vents must be secure and out of reach;

(k) The room must be designed and equipped in a manner that would not allow a child to climb up a wall;

(l) Walls, floor and ceiling must be solidly and smoothly constructed, to be cleaned easily, and have no rough or jagged portions; and

(m) Seclusion cells are prohibited as provided in OAR 581-021-0569.

(2) These standards are first applicable on or after July 1, 2014.

History

Statutory/Other Authority: 2013 OL Ch. 650 & Sec. 2 (Enrolled HB 2585)
Statutes/Other Implemented: ORS 339.285 - 339.303
ODE 15-2014, f. & cert. ef. 3-4-14
ODE 13-2014, f. & cert. ef. 2-19-14

Or. Admin. R. 581-021-0569 Use of Seclusion Cells Prohibited

(1) A public education program may not:

(a) Purchase, build or otherwise take possession of a seclusion cell; or

(b) Use a seclusion cell.

(2) No later than July 1, 2013, a public education program shall ensure that all seclusion cells are removed from the classrooms of the public education program.

(3) No later than September 1, 2013,a public education program shall ensure that all seclusion cells are removed from the premises of the public education program.

(4) Notwithstanding the applicability date specified in OAR 581-021-0568 the prohibition on the use of seclusion cells under this rule is effective and applicable beginning on or after April 5, 2013.

History

Statutory/Other Authority: ORS 339.308
Statutes/Other Implemented: ORS 339.285 - 339.308
ODE 15-2014, f. & cert. ef. 3-4-14
ODE 13-2014, f. & cert. ef. 2-19-14

Or. Admin. R. 581-021-0570 Complaint Procedures

(1) An organization or an individual may file a complaint alleging that a public education program is violating or has violated a provision of ORS 339.285 to 339.303 or OAR 581-021-0550 to 581-021-0566. If the public education program is a school district, the organization or individual and the school district shall follow the school district’s complaint procedure established under OAR 581-022-2370.

(2) A complainant may appeal a final decision by a school district to the Department of Education as provided in OAR 581-075-0001 to OAR 581-075-0045 by:

(a) Mailing a complaint appeal to the Department of Education, or

(b) Submitting a complaint appeal through the Department of Education's website.

History

Statutory/Other Authority: ORS 339.303
Statutes/Other Implemented: ORS 339.285 - 339.303
ODE 42-2025, minor correction filed 06/26/2025, effective 06/26/2025
ODE 47-2024, minor correction filed 10/23/2024, effective 10/23/2024
ODE 146-2019, amend filed 10/24/2019, effective 10/24/2019
ODE 11-2019, amend filed 03/25/2019, effective 03/25/2019
ODE 12-2017, f. 6-29-17, cert. ef. 7-1-17
ODE 15-2014, f. & cert. ef. 3-4-14
ODE 13-2014, f. & cert. ef. 2-19-14

Or. Admin. R. 581-021-0576 Definitions

The following definitions apply to OAR 581-021-0576 to 581-021-0582:

(1) “Community College Service Area” means a district formed under ORS Chapter 341 or, for school districts outside of a community college service area, it means an area determined pursuant to contract with a community college as determined by the office of Community Colleges and Workforce Development (CCWD).

(2) "Full-Time Enrollment" in a community college is the registration and payment of required fees as a full-time student based on a minimum of 12 credit-hours per academic term.

(3) “Legal residence for students” means:

(a) Resident students as defined under ORS 339.133;

(b) A student who has been admitted to a district under open enrollment under section 9, chapter 718, Oregon Laws 2011 retains residency for purposes of the post graduate scholar program even though they have graduated; and

(c) A student who has been admitted to a district under interdistrict transfer if the receiving district extends the transfer agreement to allow for an additional year after the student meets the graduation requirements.

(4) “Post-graduate scholar” means a student:

(a) Who has been in grades 9-12 for more than a total of four school years; and

(b) Has satisfied the requirements for a regular high school diploma as provided in ORS 329.451(2).

(5) “Post-graduate scholar program” is a program that meets the requirements in SB1537.

History

Statutory/Other Authority: Enrolled SB 1537 (2016)
Statutes/Other Implemented: Enrolled SB 1537 (2016)
ODE 39-2016, f. & cert. ef. 7-18-16

Or. Admin. R. 581-021-0578 School District Eligibility to Offer a Post Graduate Scholar Program

School Districts are eligible to use state school funds for a post graduate scholar program if the following criteria are met:

(1) School districts must have a written agreement with the community college that has a service area or contract within which the school district is located.

(2) School districts have a policy approved by the school district board that:

(a) Describes the goals of the program, including target high school graduation rates for underserved students;

(b) Includes minimum requirements for grade point average, attendance, and participation in regular in-person meetings with school staff;

(d) Lists the courses of study that are approved by the school district for the post-graduate scholar program; and

(3) The majority of students from the school district that are enrolled in courses at the community college meet at least one of the criteria identified below:

(a) Is not a post-graduate scholar;

(b) Has received a modified diploma, an extended diploma or a General Educational Development (GED) certificate;

(d) Is, or has been, a child in a foster home;

(e) Is, or has been, placed in a facility or an education program by a court;

(f) Is homeless;

(g) Is a parent; or

(h) Was identified as eligible for free or reduced price lunches within the preceding 12 months.

History

Statutory/Other Authority: Enrolled SB 1537 (2016)
Statutes/Other Implemented: Enrolled SB 1537 (2016)
ODE 39-2016, f. & cert. ef. 7-18-16

Or. Admin. R. 581-021-0579 Student Eligibility to Participate in a Post Graduate Scholar Program

Students who are eligible to participate in a post graduate scholar programs must:

(1) Have satisfied the requirements for a regular Oregon diploma as provided in ORS 329.451(2);

(2) Have been in grades 9-12 for more than a total of four school years;

(3) Enroll in courses that are part of a course of study approved by the school district and that may lead to a certificate or diploma through the district’s local community college or contract community college;

(4) Have completed and submitted the Free Application for Federal Student aid (FAFSA), if eligible to file a FAFSA;

(5) Be ineligible for an Oregon Promise grant as described in ORS 341.522 because of failure to earn the required minimum cumulative grade point average or because they submitted a complete application but did not receive a grant;

(6) Be ineligible for a federal aid grant that is equal or greater than the average cost of tuition and fees at a community college as determined by the Department of Education in consultation with the executive director of the Office of Student and Access and Completion based on prior year’s tuition and fees;

(7) Retain legal residence within the boundaries of the school district that is offering the post-graduate scholar program and through which the student satisfied the requirements for a high school diploma; and

(8) Meet any school district requirements for participating in the post graduate scholars program.

History

Statutory/Other Authority: Enrolled SB 1537 (2016)
Statutes/Other Implemented: Enrolled SB 1537 (2016)
ODE 39-2016, f. & cert. ef. 7-18-16

Or. Admin. R. 581-021-0580 Definitions

The following definitions apply to OAR 581-021-0580 and 581-0021-0584:

(1) “Assessment” means any of the measurements identified by the Department of Education and used to determine target language proficiency.

(2) “Biliteracy” or “biliterate” means the ability to demonstrate proficiency in reading, writing, listening, and speaking in two languages.

(3) “Multiliteracy” or “multiliterate” means the ability to demonstrate proficiency in reading, writing, listening, and speaking in three or more languages.

(4) “Oregon State Seal of Biliteracy” means a seal issued by the Deputy Superintendent of Public Instruction, or their representative, that certifies a student is biliterate, as defined in this rule.

(5) “Oregon State Seal of Multiliteracy” means a seal issued by the Deputy Superintendent of Public Instruction, or their representative, that certifies a student is multiliterate, as defined in this rule.

(6) “Portfolio of evidence” means the body of work collected to determine target language proficiency.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 19-2022, amend filed 03/30/2022, effective 03/30/2022
ODE 15-2022, amend filed 03/24/2022, effective 03/24/2022
ODE 28-2016, f. & cert. ef. 4-28-16

Or. Admin. R. 581-021-0582 Establishment

(1) The State Seal of Biliteracy is established to recognize high school graduates who have attained a high level of proficiency in reading, writing, listening, and speaking in one or more World languages in addition to English. The State Seal of Biliteracy shall be awarded by the Superintendent of Public Instruction. School district participation in this program is voluntary.

(2) The purposes of the State Seal of Biliteracy are as follows:

(a) To encourage students to study languages.

(b) To certify attainment of biliteracy.

(d) To provide post-secondary institutions with a method to recognize and give academic credit to applicants seeking admission.

(e) To prepare students to be college and career ready.

(f) To recognize and promote world language instruction in public schools.

(g) To strengthen intergroup relationships, affirm the value of diversity, and honor the multiple cultures and languages of a community.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 28-2016, f. & cert. ef. 4-28-16

Or. Admin. R. 581-021-0584 Oregon State Seals of Biliteracy and Multiliteracy

(1) The Department of Education shall develop a process by which school districts shall submit to the Department all data required as proof for each student who is a candidate for a State Seal of Biliteracy or State Seal of Multiliteracy.

(2) The Deputy Superintendent of Public Instruction, or their representative, shall award a State Seal of Biliteracy to a student who meets all of the following criteria:

(a) Completed all state and district graduation requirements; and

(b) Demonstrated proficiency in two or more world languages in reading, writing, listening and speaking through:

(A) One or more examinations and passing scores for each that are identified by the Department of Education; or

(B) Work sample, body of evidence or portfolio.

(3) The Deputy Superintendent of Public Instruction, or their representative, shall award a State Seal of Multiliteracy to a student who meets all of the following criteria:

(a) Completed all state and district graduation requirements; and

(b) Demonstrated proficiency in three or more world languages in reading, writing, listening and speaking through:

(A) One or more examinations and passing scores for each that are identified by the Department of Education; or

(B) Work sample, body of evidence or portfolio.

(4) The Oregon Seal of Biliteracy is available to students who received a diploma, or will receive a diploma, in 2015-16 and future years.

(5) The Oregon Seal of Multiliteracy is available to students who received a diploma, or will receive a diploma, in 2021-22 and future years.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 19-2022, amend filed 03/30/2022, effective 03/30/2022
ODE 31-2020, amend filed 06/24/2020, effective 06/24/2020
ODE 19-2020, temporary amend filed 04/23/2020, effective 04/23/2020 through 10/19/2020
ODE 28-2016, f. & cert. ef. 4-28-16

Or. Admin. R. 581-021-0587 Menstrual Dignity for Students: Definitions

The following definitions apply to OAR 581-021-0587 to 581-021-0596:

(1) “Bathroom” means a space with a toilet, a sink, and a trash receptacle that is privately accessible to students. Bathrooms may be single stalled or an aggregation of individual toilet compartments, including in locker rooms.

(2) “Dispenser” means a container sufficient to hold menstrual products and can include something installed on a wall or placed on a shelf.

(3) “Products” means tampons and menstrual pads.

(4) “Public school building” means a building used by a public education provider to provide educational services to students.

(5) “Student bathroom” means a bathroom that is accessible by students, including a gender-neutral bathroom, a bathroom designated for females, and a bathroom designated for males.

History

Statutory/Other Authority: ORS 326.545
Statutes/Other Implemented: ORS 326.545
ODE 14-2022, adopt filed 03/24/2022, effective 03/24/2022

Or. Admin. R. 581-021-0590 Menstrual Dignity for Students: Requirements

All education providers shall install in every student bathroom at least one dispenser that:

(1) Does not require inserting coins or money;

(2) Is clearly marked as free in at least two languages;

(3) Is ADA compliant;

(4) Is located in a place where all students can access products; and

(5) Provides a variety of products with consideration of absorbency and size.

History

Statutory/Other Authority: ORS 326.545
Statutes/Other Implemented: ORS 326.545
ODE 55-2025, amend filed 10/16/2025, effective 10/17/2025
ODE 14-2022, adopt filed 03/24/2022, effective 03/24/2022

Or. Admin. R. 581-021-0593 Menstrual Dignity for Students: Education

(1) All education providers shall provide health and sexuality education that includes information on menstrual health. The education must:

(a) Be inclusive and affirming of transgender, non-binary, intersex, and two spirit/indigiqueer students;

(b) Be positive and not fear- or shame-based;

(d) Be medically-accurate;

(e) Be culturally responsive; and

(f) Be accessible for students with disabilities.

(2) All education providers shall provide and display menstrual product instructions within the bathroom. The instructions must:

(a) Be inclusive and affirming of transgender, non-binary, intersex, and two spirit/indigiqueer students;

(b) Be positive and not fear- or shame-based;

(d) Be medically-accurate.

(e) Be culturally responsive; and

(f) Be accessible for students with disabilities.

History

Statutory/Other Authority: ORS 326.545
Statutes/Other Implemented: ORS 326.545
ODE 14-2022, adopt filed 03/24/2022, effective 03/24/2022

Or. Admin. R. 581-021-0596 Menstrual Dignity for Students: Reimbursement Program

(1) The Department shall determine how much funding is available each biennium for eligible entities based on ADM. The Department shall use the most current finalized ADM from the State School Fund from the prior year.

(2) The following education providers are eligible to receive the menstrual product reimbursement:

(a) School districts;

(b) Public charter schools; and

(3) Education providers shall electronically submit applications to the Department within the required timelines and on forms developed by the Department.

(4) Education providers shall be reimbursed for actual costs incurred. Actual costs incurred may include the following:

(a) Products;

(b) Dispensers; and

(5) If the total amount to be distributed does not exceed the amount of available funding for the biennium, any remaining amount shall be redistributed to the State School Fund and reconciled in the payment process per ORS 327.095.

History

Statutory/Other Authority: ORS 326.545
Statutes/Other Implemented: ORS 326.545
ODE 55-2025, amend filed 10/16/2025, effective 10/17/2025
ODE 14-2022, adopt filed 03/24/2022, effective 03/24/2022

Or. Admin. R. 581-021-0650 Definitions for OAR 581-021-0650 to 581-021-0665

Under OAR 581-021-0650 to 581-021-0665:

(1) “Discrimination” has the meaning given that term in ORS 659.850.

(2) “District” means a school district or a public charter school.

(3) “Public charter school” means an elementary or secondary charter school offering a comprehensive instructional program under a written agreement entered into between a sponsor and an applicant pursuant to ORS chapter 338.

(4) “Sponsor” means:

(a) The board of the school district that has developed a written charter to create a public charter school.

(b) The State Board of Education pursuant to ORS 338.075.

History

Statutory/Other Authority: ORS 332.505, ORS 338.115, ORS 659.855 & ORS 326.051
Statutes/Other Implemented: ORS 332.505, ORS 338.115, ORS 659.855 & ORS 326.051
ODE 10-2026, amend filed 03/26/2026, effective 03/26/2026
ODE 27-2024, adopt filed 05/22/2024, effective 05/22/2024

Or. Admin. R. 581-021-0655 Temporary rule language in effect until 10/17/2026. Duty to Designate One or More Civil Rights Coordinators

(1) Each district must designate one or more civil rights coordinators. A civil rights coordinator designated under this rule must:

(a) Be knowledgeable of the requirements of OAR 581-0021-0038, 581-021-0045, 581-021-0046, and 581-021-0660; and

(b) Have the independence and authority necessary to carry out the provisions of OAR 581-021-0660.

(2) Each district must include the name or title, work address, email address, and phone number of each civil rights coordinator designated by the district in the notice of nondiscrimination required by OAR 581-021-0045.

(3) Each district must adopt and follow a policy for the purpose of implementing OAR 581-021-0650 to 581-021-0660. At a minimum, the policy must:

(a) List the requirements of OAR 581-021-0660 and require each civil rights coordinator designated by the district to meet those requirements.

(b) Specify that any complaint alleging discrimination may be made to any civil rights coordinator designated by the district.

(A) All reports of discrimination received by the district and all responses to those reports issued by the district, including any investigations completed and remedies provided; and

(B) The training completed by each civil rights coordinator designated by the district pursuant to OAR 581-021-0660.

(4) A civil rights coordinator designated under this rule may be a person employed by a district for purposes other than those set forth in OAR 581-021-0660.

(5) Pursuant to a contract entered into between a school district and an education service district, an education service district may designate and provide one or more civil rights coordinators for the school district. If an education service district designates and provides one or more civil rights coordinators for a school district, the education service district assumes the school district’s duties under OAR 581-021-0650 to OAR 581-021-0660 to the extent that the contract delegates those duties. An education service district may designate and provide the same civil rights coordinator for multiple districts

History

Statutory/Other Authority: ORS 332.505, ORS 338.115, ORS 659.855 & ORS 326.051
Statutes/Other Implemented: ORS 332.505, ORS 338.115, ORS 659.855 & ORS 326.051
ODE 19-2026, temporary amend filed 04/21/2026, effective 04/21/2026 through 10/17/2026
ODE 10-2026, amend filed 03/26/2026, effective 03/26/2026
ODE 27-2024, adopt filed 05/22/2024, effective 05/22/2024

Or. Admin. R. 581-021-0660 Duties of and Training Requirements for Civil Rights Coordinators

(1) At a minimum, a civil rights coordinator shall:

(a) Monitor, coordinate, and oversee district compliance with state and federal laws prohibiting discrimination in public education, including ensuring the availability of, and providing to students and staff:

(A) The notice of nondiscrimination required by OAR 581-021-0045; and

(B) The district’s written complaint process for making reports of discrimination.

(b) Oversee and ensure the resolution of district investigations of complaints alleging and substantiating discrimination, including the provision of remedies designed to restore and preserve equal access to an education program or activity;

(d) Respond to questions and concerns about civil rights in the district;

(e) Coordinate efforts to prevent civil rights violations from occurring in the district; and

(f) Satisfy the training requirements listed in subsections (2) and (3) of this rule.

(2) Upon being first designated under OAR 581-021-0655, a civil rights coordinator must receive the following training in accordance with a schedule established by the Oregon Department of Education:

(a) The meaning of discrimination under state and federal nondiscrimination law, including ORS 659.850, Title VI of the Civil Rights Act of 1964, Title IX of Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990.

(b) The duties of districts under state and federal nondiscrimination law, including ORS 342.700 to 342.708, ORS 659.850 and 659.855, Title VI of the Civil Rights Act of 1964, Title IX of Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, those statutes’ implementing rules and regulations, and determinations made by the Oregon Department of Education and the United States Department of Education’s Office for Civil Rights.

(c) The coordinators required by Title IX of Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, and those coordinators’ duties.

(d) Identifying discrimination and reports of discrimination.

(e) Responding to reports of discrimination.

(f) Conducting civil rights investigations, including identifying conflicts of interest, and using strategies to mitigate conflicts of interest.

(g) Preventing discrimination in public school programs and activities.

(h) Identifying retaliation taken in response to reports of discrimination, responding to reports of such retaliation, and preventing such retaliation in public school programs and activities.

(i) Tracking and documenting reports of discrimination.

(3) In years subsequent to being designated a civil rights coordinator, a civil rights coordinator must annually receive the following training in accordance with a schedule established by the Oregon Department of Education:

(c) The coordinators required by Title IX of Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990, and those coordinators’ duties.

(d) Reporting discrimination, and responding to reports of discrimination, including through complaint processes and investigations.

(4) The Oregon Department of Education annually will provide training for civil rights coordinators. Civil rights coordinators may take the department’s training or may take any other training that fulfills the requirements of this rule.

History

Statutory/Other Authority: ORS 326, ORS 327.006, ORS 337.102, ORS 332.505, ORS 338.115 & ORS 659.855
Statutes/Other Implemented: ORS 332.505, ORS 338.115, ORS 326.051 & ORS 659.850
ODE 50-2024, amend filed 10/23/2024, effective 10/23/2024
ODE 36-2024, temporary amend filed 06/14/2024, effective 06/14/2024 through 12/10/2024
ODE 27-2024, adopt filed 05/22/2024, effective 05/22/2024

Or. Admin. R. 581-021-0665 Temporary rule language in effect until 10/17/2026. Submission of Coordinator Contact Information

(1) In a time and manner required by the Oregon Department of Education, each district shall provide the department with the contact information of:

(a) Each civil rights coordinator designated by or for the district pursuant to OAR 581-021-0655; and

(b) Each coordinator designated by the district pursuant to Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990.

(2) The contact information required by subsection (1) of this rule shall include, at a minimum, each coordinator’s name or title, work address, email address, and telephone number.

History

Statutory/Other Authority: ORS 332.505, ORS 338.115, ORS 659.855 & ORS 326.051
Statutes/Other Implemented: ORS 332.505, ORS 338.115, ORS 659.855 & ORS 326.051
ODE 19-2026, temporary amend filed 04/21/2026, effective 04/21/2026 through 10/17/2026
ODE 50-2024, amend filed 10/23/2024, effective 10/23/2024
ODE 36-2024, temporary amend filed 06/14/2024, effective 06/14/2024 through 12/10/2024
ODE 27-2024, adopt filed 05/22/2024, effective 05/22/2024

Or. Admin. R. 581-021-3007 Accommodations for Students with Concussions or Other Brain Injuries

(1) For purposes of this rule:

(a) “Health care professional” means a person who is licensed or registered under the laws of this state as a physician, a chiropractic physician, a naturopathic physician, a psychologist, a physical therapist, an occupational therapist, a physician associate or a nurse practitioner.

(b) “Public education provider” means a school district, a public charter school, or an education service district.

(c) “Written notification” means a written notice from a parent or guardian, supported by medical documentation from a health care professional, informing the public education provider that they are requesting an accommodation for a student who has been diagnosed with a concussion or other brain injury by a health care professional.

(2) When a public education provider receives written notification from a parent or guardian that a student has been diagnosed with a concussion or other brain injury, the public education provider shall follow all procedures developed by the Oregon Department of Education to develop and implement an immediate and temporary accommodation plan.

(3) A public education provider shall use a sample form developed by the department or a district form that includes all content from the department’s sample form when developing the accommodation plan described in section (2) of this rule.

(4) A public education provider shall follow procedures outlined by the department to:

(a) Determine if immediate physical activity limitations are necessary to:

(A) Ensure the safety and recovery of the student; and

(B) Minimize the risk of reinjury or additional injury to the student.

(b) In considering the requirements of section (3)(a) of this rule, the public education provider shall consider all physical activities occurring while the student is in school, at a school-sponsored activity, under the supervision of school personnel, in before-school or after-school care programs on school-owned property, and in transit to or from school or school-sponsored activities, including but not limited to physical education, recess, unstructured play and similar activities provided by or sponsored through the public education provider that involve running, jumping, climbing, throwing, catching or other movements that pose a risk of falls, collisions or physical injury.

(d) Identify and implement immediate and temporary academic, social-emotional, behavioral or other necessary accommodations determined to be appropriate for the student to support meaningful participation in educational activities at a level that is appropriate for the student’s recovery.

(e) Communicate accommodations identified under paragraph (c) of this subsection with:

(A) The parent or guardian;

(B) All teachers who provide instruction to the student; and

(C) Other employees of the public education provider who have regular responsibilities for the student’s supervision or health, including school administrators, school nurses, counselors, physical education teachers, coaches, athletic trainers and staff supervising recess or other physical activities.

(f) Ensure that any physical activity limitations determined to be necessary are immediately implemented upon the determination, or as soon as practicable thereafter and not later than the next scheduled course or activity that requires physical activity limitations.

(g) Ensure that the accommodations identified under paragraph (c) of this subsection are:

(A) In effect as soon as possible but no later than 10 school days after written notification has been received by the public education provider regarding the concussion or other brain injury; and

(B) Reviewed as needed, but no later than every two months, based on the student’s recovery.

(5) Nothing in this rule prohibits a public education provider from determining that a student needs an immediate and temporary accommodation plan without receiving written notice from the parent or guardian that the student has been diagnosed with a concussion or other brain injury.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 326.051 & ORS 336.495
Statutes/Other Implemented: ORS 326.051 & ORS 336.495
ODE 59-2025, adopt filed 12/12/2025, effective 12/12/2025
ODE 41-2025, temporary adopt filed 06/18/2025, effective 06/18/2025 through 12/14/2025

Division 22 STANDARDS FOR PUBLIC ELEMENTARY AND SECONDARY SCHOOLS

Or. Admin. R. 581-022-0102 Definitions

The following definitions apply to Oregon Administrative Rules 581-022-0102 through 581-022-1940, unless otherwise indicated by context:

(1) "Assessment": Systematic gathering of data with the purpose of appraising and evaluating children's social, physical, emotional, and intellectual development. Activities may include testing to obtain and organize information on student performance in specific subject areas.

(2) Career and Technical Education: A sequence of organized educational activities that:

(a) Provides individuals with coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers;

(b) Provides technical skill proficiency and may provide an industry-recognized credential, a certificate or an advanced degree; and

(3) "Career Development": The exploration of personal interests and abilities with regard to career selection, and the development of tentative career goals.

(4) "Career Education": A process for improving educational programs to enhance student understanding of and preparation for work and continuing career development.

(5) "Career-Related Learning Experiences": Structured student activities in the community, the workplace, or in school that connect academic content and career-related learning to real life applications. These experiences extend, reinforce and support classroom learning. They include, but are not limited to:

(a) Workplace mentoring;

(b) Workplace simulations;

(d) Structured work experiences;

(e) Cooperative work and study programs;

(f) On-the-job training;

(g) Apprenticeship programs;

(h) Service learning; and

(i) Field-based investigations.

(6) “Charter school”: A public charter school as defined in ORS 338.005.

(7) “Child development specialist program”: An optional elementary component of a district’s comprehensive school counseling program for grades K-8 (or any configuration thereof).

(8) "Collection of Evidence": The work of a student collected and evaluated together to measure the student’s ability to apply what the student knows and can do in relation to a set of standards or criteria.

(9) "Common Curriculum Goals": The knowledge and skills expected of all students as a result of their educational experience; defined by the state as:

(a) The Essential Learning Skills which means essential skills as defined by this rule; and

(b) The Content Standards as adopted by the State Board of Education.

(10) "Content Standards": Facts, concepts, principles, rules, procedures and methods of inquiry associated with specific subject matter areas as adopted by the State Board of Education.

(11) "Common School District": A school district other than a union high school district formed primarily to provide education in all or part of grades K through 12 to pupils residing within the district (ORS 330.005(2)(b)). See section (20) of this rule.

(12) "Community Partnerships": Collaborations to network resources to assist students to meet state and local standards and prepare students for post high school transitions. These partnerships include parents, students, business, education, government and community-based organizations.

(13) "Compliance Indicator": Statement of the action taken by a local district which can be accepted as evidence that the district is in compliance with the intent of a particular state standard.

(14) “Comprehensive school counseling program": A program that is integral to a district's total PreK through 12 educational program that is planned, proactive and preventative in design to address each student's academic, career, social/emotional development and community involvement.

(15) "Conditionally Standard School": A school that fails to meet the standards but has submitted a plan of correction, approved by the district school board, to the State Superintendent.

(16) "Course Goals": Statements describing the knowledge and skills students are expected to acquire as a result of having completed a course, elementary unit, or grade level.

(17) "Diploma": The document issued by school districts and charter schools in accordance with OAR 581-022-1130 or 581-022-1134.

(18) "District": A common or union high school district (ORS 332.002(2)).

(19) "District Goals": Statements related to State Board of Education goals (OAR 581-022-1030) which describe the local district and community's expectations for student learning.

(20) "District School Board": The board of directors of a common school district or a union high school district (ORS 332.002(1)).

(21) "Education Plan": A formalized plan and process in which a student identifies their academic, personal and career interests which helps the student to connect school activities with their post-high school goals.

(22) "Education Profile": Documentation of a student’s academic achievement and progress toward their graduation requirements, post-high school goals and other personal accomplishments identified in their education plan.

(23) "Education Record": has the same meaning as in OAR 581-021-0220.

(24) "Elementary School": Any combination of grades K through 8.

(25) "Essential Skills": Process skills that cross academic disciplines and are embedded in the content standards. The skills are not content specific and can be applied in a variety of courses, subjects, and settings. The essential skills include: Read and comprehend a variety of text; Write clearly and accurately; Listen actively and speak clearly and coherently; Apply mathematics in a variety of settings; Think critically and analytically; Use technology to learn, live, and work; Demonstrate civic and community engagement; Demonstrate global literacy; and Demonstrate personal management and teamwork skills.

(26) "Extended Application Standard": The application and extension of knowledge and skills in new and complex situations related to the student's personal and career interests and post-high school goals.

(27) "Global Studies": An area of study for learning about the people and cultures of the world through history, geography and other social science disciplines.

(28) "High School": Any combination of grades 10 through 12 in districts providing a junior high school containing grade 9; any combination of grades 9 through 12 organized as a separate unit; grades 9 through 12 housed with grades K through 12; grades 7 or 8 through 12, if approved by the Oregon Department of Education.

(29) "Identification Team" referred to as the "Team": A team of at least two district staff who carry out district identification procedures and determine the identification of students under OAR 581-022-1310.

(30)(a) “Instructional time” means time during which students are engaged in regularly scheduled instruction, learning activities, or learning assessments that are designed to meet Common Curriculum Goals and academic content standards required by OAR 581-022-2030, and are working under the direction and supervision of a licensed or registered teacher, licensed CTE instructor, licensed practitioner, or Educational Assistant who is assigned instructionally related activities and is working under the supervision of a licensed or registered teacher as required by OAR 581-037-0015.

(b) Instructional time shall include:

(A) Time that a student spends traveling between the student’s school and a CTE center, internship, work experience site, or post-secondary education facility;

(B) Time that a student spends in statewide performance assessments; and

(C) Up to fifteen minutes each day of the time that a student spends consuming breakfast in the classroom if instruction is being provided while the student is consuming breakfast.

(c) Instructional time shall not include time that a student spends passing between classes, at recess, in non-academic assemblies, on non-academic field trips, participating in optional school programs, or in study periods or advisory periods where attendance is not required and no instructional assistance is provided.

(31) "Junior High School": A secondary school composed of one or more of grades 7, 8, and 9 organized separately from other grades and approved by the Oregon Department of Education.

(32) "Kindergarten": A planned program that provides activities designed to foster the physical, social, emotional, and cognitive development of young children (ORS 336.092 and 336.095).

(33) “Language Arts”: Reading, writing and other communications in any language, including English, as defined in ORS 329.007.

(34) "Middle School": An organizational unit composed of any combination of grades 5, 6, 7, and 8 organized separately from other elementary grades and identified as a middle school with the Oregon Department of Education.

(35) "Next steps": The education and/or career choices students make after leaving high school, which may include the workforce, community colleges, four-year colleges and universities, private career schools, apprenticeships, and the military.

(36) "Nonstandard School": A school which fails to meet the standards, and which within ninety days of the State Superintendent's notification of deficiencies, fails to submit a plan of correction or adhere to a plan of correction approved by the State Superintendent (ORS 327.158).

(37) "Parent": Has the same definition as in Oregon Revised Statute 343.035.

(38) "Planned Course Statement": Course title, course overview, course goals (including essential learning skills, career-related goals and common curriculum goals as set forth in OARs 581-022-2030) and, where appropriate, graduation competence assigned to the course for verification.

(39) "Potential": As used in OAR 581-022-1310, the demonstrated capacity to perform at or above the 97th percentile as determined by the team.

(40) "Program": A planned series of interrelated activities or services contributing to the attainment of a goal or set of goals.

(41) "Program Evaluation": A process for making judgments about the philosophy, goals, methods, materials and outcomes of a program to guide program improvement.

(42) "Program Goals" (instructional): Statements describing what students are expected to learn in each district instructional program in any combination of grades K through 12.

(43) "Program Goals" (support): Statements describing program outcomes which support the entire learning system, or one or more of its components, usually stated in terms of services to be performed.

(44) "Program Needs Identification": Procedures, which specify and rank the differences between actual and desired outcomes leading to the consideration of program revision.

(45) "School District": A common or union high school district (ORS 332.002). For the purposes of OARs 581-022-0403, 581-022-1310, 581-022-1320 and 581-022 1330, school district has the same meaning as in Oregon Revised Statute 343.395.

(46) "Standard School": A school, which is in compliance with all of the standards.

(47) "State Standards": State Board division 22 Administrative Rules for public elementary and secondary schools.

(48) "Student Activity Funds": All money raised or collected by and/or for school-approved student groups, excluding money budgeted in the general fund.

(49) "Talented and Gifted Students": Those children defined in Oregon Revised Statute 343.395.

(50) "Union High School District": A school district, other than a common school district, formed in accordance with ORS 335.210 to 335.485 (330.005).

(51) “World Language”: Sign language, heritage language and languages other than a student's primary language, as defined in ORS 329.007.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.011
ODE 40-2026, minor correction filed 07/23/2026, effective 07/23/2026
ODE 28-2026, minor correction filed 05/29/2026, effective 05/29/2026
ODE 37-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 15-2022, amend filed 03/24/2022, effective 03/24/2022
ODE 38-2018, minor correction filed 11/21/2018, effective 11/21/2018
ODE 18-2018, amend filed 06/05/2018, effective 06/06/2018
ODE 21-2015, f. & cert. ef. 12-18-15
ODE 4-2015, f. 1-30-15, cert. ef. 7-1-15
ODE 25-2008, f. & cert. ef. 9-26-08
ODE 4-2003, f. & cert. ef. 3-14-03
ODE 12-2002, f. & cert. ef. 4-15-02
ODE 7-1999, f. & cert. ef. 1-15-99
EB 6-1995, f. & cert. ef. 1-24-95
EB 8-1989, f. & cert. ef. 1-27-89
1EB 4-1986, f. 1-23-86, ef. 2-1-86
1EB 19-1980, f. 6-17-80, ef. 7-1-80

Or. Admin. R. 581-022-0103 State Standards for the 2019-20 School Year

(1) Applicability

(a) This rule sets forth the state standards for school districts and public charter schools for the 2019-2020 school year.

(b) The definitions set forth in OAR 581-022-0102, 581-022-2010(1), 581-022-2015(1), and 581-022-2020(1) apply to this rule.

(c) Unless specifically referenced herein, all other rules in this division are waived for the duration of this rule unless specifically added back by the Director through order.

(2) Diploma requirements

(a) Each school district board and public charter school with jurisdiction over high school programs must award diplomas, modified diplomas, extended diplomas, or alternative certificates to students who were first enrolled in ninth grade in the 2016-17 school year or earlier or were first enrolled in ninth grade in the 2017-18 school year and had an early graduation plan approved before March 17, 2020, and fulfill the state requirements as described in this rule.

(b) Regular diploma

(A) To receive a regular diploma, students must earn a minimum of 24 credits to include at least:

(i) English Language Arts — 4 (must include the equivalent of one unit in Written Composition);

(ii) Mathematics —3 (must include one unit at the Algebra I level and two units that are at a level higher than Algebra I);

(iii) Science — 3;

(iv) Social Sciences 3 — (including history, civics, geography and economics (including personal finance);

(v) Health Education — 1;

(vi) Physical Education — 1;

(vii) Career and Technical Education, The Arts or World Languages — 3 (units must be earned in any one or a combination).

(B) A district school board or public charter school with a three-year high school may submit through the waiver process alternative plans to meet unit requirements;

(C) A school district or public charter school must accept any credits earned by students qualified for the additional district credit requirements waiver in another school district or public charter school and must apply them toward the 24 Units of Credit Requirements for the diploma.

(D) A school district or public charter school may grant high school credit for courses taken prior to grade 9 if students taking pre-grade 9 courses are required to meet performance criteria that are equivalent to the performance criteria for students taking the same high school courses.

(A) School districts and charter schools with jurisdiction over high school programs shall award a modified diploma only to students who have demonstrated the inability to meet the full set of academic content standards for a high school diploma even with reasonable modifications and accommodations but who fulfill all state requirements as described in this rule and meets the eligibility criteria in OAR 581-022-2010(3).

(B) School districts and public charter schools must comply with OAR 581-022-2010(4).

(C) To receive a modified diploma, students must earn a minimum of 24 credits, between grade 9 and the end of their high school career with at least 12 of those credits to include:

(i) English Language Arts — 3;

(ii) Mathematics — 2;

(iii) Science — 2;

(iv) Social Sciences (which may include history, civics, geography and economics (including personal finance)) — 2;

(v) Health Education — 1;

(vi) Physical Education — 1; and

(vii) Career Technical Education, The Arts or World Languages (units may be earned in any one or a combination) — 1.

(viii) Any combination of credits awarded to meet the needs of the individual student as specified in the education plan of the student with the expectations and standards aligned to the appropriate grade level academic content standards, including additional core credits, professional technical education, electives, and career development – 12.

(D) Students may earn units of credit through regular education with or without accommodations or modifications and through modified courses.

(E) Students shall have the option to earn credit for demonstrating proficiency. A student may be given credit for successful demonstration of knowledge and skills that meets or exceeds defined levels of performance. Students may demonstrate proficiency through classroom work or documentation of learning experiences outside of school, or through a combination of these means.

(F) School districts and public charter schools shall ensure that students have access to needed courses, modifications and supports to pursue a modified diploma and to progress in the general education curriculum.

(G) A school district or public charter school shall grant credit toward a modified diploma only for courses that contain substantial academic content. A school district or public charter school shall grant credit for a modified diploma through a continuum of instruction beginning at basic skills and progressing through high level skills.

(H) A school district or public charter school shall award a regular diploma under OAR 581-022-2000 if all requirements for a regular diploma are met. Completion of one or more modified courses shall not prohibit a student from earning a regular diploma; however, required core courses taken under modified conditions must be retaken under standard conditions to be counted toward a regular diploma.

(I) A school district or public charter school shall grant credit toward a modified diploma according to individual student needs across academic content areas including applied, consumer, academic, or knowledge and skill development.

(J) A school district or public charter school shall inform the student and parent or guardian of the student if the courses in grades 9-12 have been modified for an individual student.

(K) A school district or public charter school shall provide transcripts which clearly identify modified courses that do not count toward the regular diploma but that do count toward a modified diploma.

(L) Each student receiving a modified diploma shall have the option of participating in the high school graduation ceremony with the members of their class receiving a high school diploma.

(M) Transition services and other services designed to meet the unique needs of the student may be provided to the student through an interagency agreement entered into by the school district if the individualized education program developed for the student indicates that the services may be provided by another agency. The school district or public charter school retains the responsibility for ensuring that the student has access to the number of service hours required to be provided to the student.

(d) Extended diploma

(A) A school district or public charter school shall award an extended diploma only to students who have demonstrated the inability to meet the full set of academic content standards for a high school diploma with reasonable modifications and accommodations but who fulfill all state requirements as described in this rule and meet the eligibility criteria in OAR 581-022-2015(5)(b).

(B) A school district or public charter school may award an extended diploma to a student only upon the consent of the parent or guardian of the student, or upon the consent of the adult student or emancipated minor student as required by OAR 581-022-2015(4).

(C) To receive an extended diploma, students must, while in grade nine through completion of high school, complete 12 credits, which may not include more than six credits earned in a self-contained special education classroom and shall include:

(i) Two credits of mathematics;

(ii) Two credits of English;

(iii) Two credits of Science;

(iv) Three credits of history, geography, economics, or civics;

(v) One credit of health;

(vi) One Credit of physical education; and

(vii) One credit of arts or a second language.

(D)(i) A student shall have the opportunity to meet the requirements of an extended diploma by the later of four years after starting grade nine or the student reaching the age of 21 years, if the student is entitled to a public education until the age of 21 years under state or federal law.

(ii) A student may complete the requirements for an extended diploma in less than four years if the parent/guardian or adult student gives consent. The consent must be written and must clearly state that the parent/guardian or adult student is waiving the 4 years to complete the requirements for an extended diploma. A copy of all consents must be sent to the district superintendent. Each school district must annually provide the number of consents obtained to the State Superintendent of Public Instruction. The consent may not be used to allow a student to satisfy the requirements for an extended diploma in less than three years.

(E) A school district or public charter school may not deny a student who has the documented history described in subsection (1)(a) of this section the opportunity to pursue a diploma with more stringent requirements than a modified diploma or an extended diploma for the sole reason that the student has the documented history.

(F) Transition services and other services designed to meet the unique needs of the student may be provided to the student through an interagency agreement entered into by the school district if the individualized education program developed for the student indicates that the services may be provided by another agency. The school district or public charter school retains the responsibility for ensuring that the student has access to the number of service hours required to be provided to the student.

(e) Alternative certificate

(A) A School district or public charter school shall award an alternative certificate to a student who does not satisfy the requirements for a high school diploma, a modified diploma or an extended diploma.

(B) Each district school board or public charter school governing board with jurisdiction over high school programs shall define criteria for an alternative certificate and shall award an alternative certificate to those students who have met the criteria requirements as described in district school board policies.

(C)(i) A student shall have the opportunity to meet the requirements of an alternative certificate by the later of four years after starting grade nine or the student reaching the age of 21 years, if the student is entitled to a public education until the age of 21 years under state or federal law.

(ii) A student may complete the requirements for an alternative certificate in less than four years if the parent/guardian or adult student gives consent as required under OAR 581-022-2020(4)(c).

(D) Each student receiving an alternative certificate shall have the option of participating in the high school graduation ceremony with the members of their class receiving a high school diploma.

(E) Transition services or other services designed to meet the unique needs of the student may be provided to the student through an interagency agreement entered into by the school district if the individualized education program developed for the student indicates that the services may be provided by another agency. The school district or public charter school retains the responsibility for ensuring that the student has access to the number of service hours required to be provided to the student.

(3) Credit options

(a) A school district or public charter school must grant required and elective credit towards the diploma or modified diploma provided the student earns the credit by meeting the requirements of one or more of the options described in this rule.

(b) A school district or charter school may grant credit to a student if the student demonstrates defined levels of proficiency or mastery of recognized standards (e.g., state academic content standards and essential skills, industry-based or other national or international standards) by any one or more of the following options:

(A) Successfully completing classroom or equivalent work (e.g., supervised independent study, career-related learning experiences, project based learning), which meets Common Curriculum Goals and academic content standards required by OAR 581-022-2030;

(B) Successfully completing classroom or equivalent work designed to measure proficiency or mastery of identified standards (knowledge and skills) in class or out of class, where hours of instruction may vary;

(C) Successfully passing an appropriate exam designed to measure proficiency or mastery of identified standards (knowledge and skills);

(D) Providing a collection of work or other assessment evidence which demonstrates proficiency or mastery of identified standards (knowledge and skills);

(E) Providing documentation of prior learning activities or experiences which demonstrates proficiency or mastery of identified standards (knowledge and skills) (e.g., certification of training, letters, diplomas, awards, etc.); or

(c) Notwithstanding subsection (2) of this rule, for courses offered in the second semester or third trimester of the 2019-20 school year, a school district must grant credit to a student if:

(A) The student was first enrolled in ninth grade in the 2016-17 school year or earlier or was first enrolled in ninth grade in the 2017-18 school year and had an early graduation plan approved before March 17, 2020; and

(B) As of March 16, 2020, was maintaining a passing grade.

(4) Distance learning for all. School districts and public charter schools must develop and implement a distance learning for all plan that aligns with the Distance Learning for All Guidance issued by the Oregon Department of Education.

(5) Special education for children with disabilities. School districts and public charter schools must provide services for students who experience disability in accordance with IDEA and applicable Oregon Administrative Rules.

(6) Emergent bilinguals. School districts and public charter schools must provide students identified as English learners English language development and grade-level content area instruction.

(7) Talented and gifted. School districts must serve students identified as talented and gifted by accommodating assessed levels of learning and accelerated rates of learning.

(8) Alternative education programs. School districts must comply with OAR 581-022-2505(3)(b) and (5).

(9) Equal educational opportunities. School districts and public charter schools must provide equity, opportunity and access for all students as required by OAR 581-021-0045 and 581-021-0046.

(10) School counseling. School districts and public charter schools must provide school counseling services to all students. Counseling services must align to the guidance issued by the American School Counseling Association: The School Counselor and Virtual School Counseling (Adopted 2017).

(11) Student safety

(a) School districts and public charter schools must create systems or processes for reporting child abuse pursuant to ORS 419B.010 that take into account the unique situation of distance learning. School districts and public charter schools must make those systems or processes accessible to any district personnel who meet the definition of “public or private official” in ORS 419B.005(6).

(b) School districts and public charter schools must review and if necessary revise policies and procedures relating to appropriate electronic communication with students. School districts and charter schools must make guidance based on those policies and procedures available to all school district or charter school personnel.

(12) Personnel

(a) All teachers, specialists, and administrators employed by school districts must hold valid Oregon licenses and be assigned in accordance with the individual license district policies, program goals and applicable statutes and administrative rules.

(b) Any school district employing teacher aides must follow applicable Oregon Administrative Rules.

(13) Fingerprinting of subject individuals in positions not requiring licensure as teachers, administrators, personnel specialists, school nurses. All public school districts must comply with the requirements for Fingerprinting of subject individuals as defined in and in compliance with OAR 581-021-0500.

(14) Individual student assessment and reporting. School districts and public charter schools must assess and record each individual student’s progress and achievement:

(a) For the fall terms, in all subject areas of instruction and to academic content standards consistent with ORS 329.045 and OAR 581-022-2030; and

(b) For the spring terms, under the school district’s distance learning plan.

(15) Student education records. School districts and public charter schools must maintain education records of students according to the provisions of OARs 581-021-0210 through 581-021-0440.

(16) Record and reports. School districts and public charter schools must provide all records and reports required by the Oregon Department of Education.

(17) Complaint procedures. School districts must maintain a process for the prompt resolution of a complaint as required by OAR 581-022-2370.

(18) Assurances. School districts must report compliance with the standards set forth in this rule for the 2019-20 school year:

(a) By November 1, 2020, to the school board of the school district in a public meeting and by posting a report on compliance to the school district’s web page. The school board must acknowledge receipt of the report prior to February 15, 2021;

(b) By November 15, 2020, to the Oregon Department of Education on a form to be provided by the Department.

History

Statutory/Other Authority: ORS 326.051, ORS 329.451, ORS 659.850, ORS 343.409, ORS 327.158 & ORS 336.625
Statutes/Other Implemented: ORS 329.451, ORS 659.850, ORS 343.409, ORS 327.158 & ORS 336.625
ODE 41-2026, minor correction filed 07/23/2026, effective 07/23/2026
ODE 31-2020, adopt filed 06/24/2020, effective 06/24/2020
ODE 19-2020, temporary adopt filed 04/23/2020, effective 04/23/2020 through 10/19/2020

Or. Admin. R. 581-022-0104 State Standards for the 2020-21 School Year

(1) Applicability.

(a) This rule sets forth the state standards for the 2020-20201 school year.

(b) The definitions set forth in OAR 581-022-0102, 581-022-2010(1), 581-022-2015(1), and 581-022-2020(1) apply to this rule.

(2) State Standards for the 2020-21 School Year . All Division 22 standards are in effect for the 2020-21 school year except as specifically waived or modified by this rule.

(3) Waivers. The following standards are waived for the 2020-21 school year:

(a) Diploma. School districts and public charter schools must comply with all requirements set out in OAR 581-022-2000 except sections (7), (8), (9), (10), and (11).

(b) Modified Diploma. School districts and public charter schools must comply with all requirements set out in OAR 581-022-2010 except sections (9) and (12).

(c) Essential Skills and Local Performance Assessments. The Essential Skills graduation requirement and local performance assessment requirement for grades 3 - 8 and high school set out in OAR 581-022-2115 are waived.

(d) Health Services.School districts and public charter schools must comply with all requirements set out in OAR 581-022-2220 except section (1)(f).

(e) Physical Education Requirements.School districts and public charter schools must comply with the requirement in OAR 581-022-2263(2)(a) to ensure that each public school student in kindergarten through grade eight will receive physical education throughout the entire school year. All other requirements in OAR 581-022-2263 are waived for the 2020-21 school year.

(f) Identification of Academically Talented and Intellectually Gifted Students. The identification of talented and gifted students as required in OAR 581-022-2325 is waived.

(4) Nationally Normed College Entrance Practice Assessment . The requirement established in ORS 329.488 that school districts must make a nationally-normed college entrance practice assessment available to all students in grade 10 who are enrolled in a public school is waived for the 2020-21 school year.

(5) Ready School, Safe Learners Guidance. School districts and public charter schools must comply with the Ready School, Safe Learners Guidance issued by the Oregon Department of Education.

(6) Instructional Time . School districts and public charter schools may include in the calculation of required instructional time of up to an additional 60 hours for staff professional development and up to an additional 60 hours for parent teacher communication to facilitate student learning, including parent teacher conferences, training, and support for distance learning. This allowance is in addition to the 30 hours allowed under OAR 581-022-2320(6)(d) and (e), respectively.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 33-2021, amend filed 10/22/2021, effective 10/22/2021
ODE 7-2021, temporary amend filed 03/24/2021, effective 03/24/2021 through 09/18/2021
ODE 2-2021, adopt filed 01/28/2021, effective 01/28/2021
ODE 38-2020, temporary adopt filed 09/18/2020, effective 09/18/2020 through 03/16/2021

Or. Admin. R. 581-022-0106 State Standards for the 2021-22 School Year

(1) Applicability.

(a) This rule sets forth the rules in Oregon Administrative Rules Chapter 581, Division 22 that are in effect for the 2021-22school year.

(b) The definitions set forth in OAR 581-022-0102, 581-022-2010(1), 581-022-2015(1), and 581-022-2020(1) apply to this rule.

(2) State Standards for the 2021-22 School Year. All rules set forth in Oregon Administrative Rules Chapter 581, Division 22 are in effect for the 2021-22 school year except as specifically waived or modified by this rule.

(3) Waiver – Essential Skills for class of 2022 . OAR 581-022-2000(4) is waived for Students first enrolled in ninth grade in the 2018-19 school year or earlier or were first enrolled in ninth grade in the 2019-2020 and have an approved early graduation plan.

(4) Operational Plans. School districts and public charter schools must periodically submit to the Department a plan for operation during the 2021-22 school year. The plan must be submitted on a timeline to be determined by the Department and on a form provided by the Department.

History

Statutory/Other Authority: ORS 326.051, 327.006 & 329.451
Statutes/Other Implemented: ORS 326.051, 327.006 & 329.451
ODE 43-2022, minor correction filed 08/25/2022, effective 08/25/2022
ODE 36-2021, adopt filed 10/26/2021, effective 10/26/2021
ODE 24-2021, temporary adopt filed 06/22/2021, effective 06/22/2021 through 12/18/2021

Or. Admin. R. 581-022-0107 Operational Plans for the 2022-23 School Year

School districts and public charter schools must periodically submit to the Department a plan for operation during the 2022-23 school year. The plan must be submitted on a form and on a timeline to be determined by the Department.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 34-2022, adopt filed 06/23/2022, effective 06/23/2022

Or. Admin. R. 581-022-2000 Diploma Requirements

(1) Each district school board and public charter school with jurisdiction over high school programs shall award diplomas to all students who fulfill all state requirements as described in sections (2) to (12) of this rule and all local school district requirements as described in district school board policies or all public charter school requirements as described in the policies or charter of the public charter school.

(2) Unit of Credit Requirements for students who were first enrolled in grade 9 during the 2022–2023 school year or first enrolled in grade 9 in any previous school year:

(a) Each student shall earn a minimum of 24 units of credit aligned to the Oregon State Board adopted standards to include:

(A) Language Arts — 4 (shall include the equivalent of one unit in Written Composition);

(B) Mathematics —3 (shall include one unit at the Algebra I level and two units that are at a level higher than Algebra I);

(D) Social Sciences — 3 (shall include 0.5 unit of US civics credit in addition to at least 2.5 units of credit aligned to the Oregon State Board adopted standards for U.S. history, world history, geography, economics, and financial literacy);

(E) Health Education — 1;

(F) Physical Education — 1;

(G) Career and Technical Education, The Arts or World Languages — 3 (units shall be earned in any one or a combination).(b) A district school board or public charter school with a three-year high school may submit through the waiver process alternative plans to meet unit requirements;

(b) A district school board or public charter school may increase the number of units required in specific areas, and may increase or decrease the number of elective units; however, the total units of credit required for graduation shall not be less than 24;

(3) Unit of Credit Requirements for students who were first enrolled in grade 9 during the 2023-24 school year or first enrolled in grade 9 in any subsequent school year:

(a) Each student shall earn a minimum of 24 units of credit aligned to the Oregon State Board adopted standards to include:

(A) Language Arts — 4 (shall include the equivalent of one unit in Written Composition);

(B) Mathematics —3 (shall include one unit at the Algebra I level and two units that are at a level higher than Algebra I);

(E) Health Education — 1;

(F) Physical Education — 1;

(G) Career and Technical Education, The Arts or World Languages — 3 (units shall be earned in any one or a combination).

(H) Personal Financial Education — 0.5;

(I) Higher Education & Career Path Skills — 0.5.

(b) A district school board or public charter school with a three-year high school may submit through the waiver process alternative plans to meet unit requirements;

(c) A district school board or public charter school may increase the number of units required in specific areas, and may increase or decrease the number of elective units; however, the total units of credit required for graduation shall not be less than 24;

(4) A district school board or public charter school must waive any additional district requirements if students are or, were at any time from grade 9-12:

(a) A foster child, a child receiving 24-hour substitute care for children placed away from their parents or guardians and for whom the child welfare agency has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre-adoptive homes. A child is in foster care in accordance with this definition if the foster care facility is licensed and payments are made by the State, Tribal or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of an adoption, or whether there is Federal matching of any payments that are made;

(b) Homeless, a child who lacks a fixed, regular, and adequate nighttime residence; a child who is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; is living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; is living in emergency or transitional shelters; or is abandoned in hospitals; a child whose primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; a child who is living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; an unaccompanied youth not in physical custody of a parent or guardian;

(c) A runaway, an unmarried child under 18 years of age who, without consent of the parent or other person having legal custody of that child, leaves and stays away from the home or other dwelling place provided for the child by that person;

(d) A child in a military family covered by the Interstate Compact on Educational Opportunity for Military Children;

(e) A child of a migrant worker, a worker that moved as an migratory agricultural worker or migratory fisher due to economic necessity from one residence to another residence, and from one school district to another; or

(f) Enrolled in the Youth Corrections Education Program or the Juvenile Detention Education Program.

(5) A school district or public charter school must accept any credits earned by students qualified for the additional district credit requirements waiver in another school district or public charter school and must apply them toward the 24 Units of Credit Requirements for the diploma.

(6) A school district or public charter school may grant high school credit for courses taken prior to grade 9 if students taking pre-grade 9 courses are required to meet performance criteria that are equivalent to the performance criteria for students taking the same high school courses.

(7) Course syllabi shall be written for courses in grades 9 through 12 and shall be available to students, staff, parents, the district school board and other interested individuals.

(8) Each student shall demonstrate proficiency in essential skills adopted by the State Board of Education as provided in OAR 581-022-2115.

(9) School districts shall develop a process that provides each student the opportunity to develop an education plan and build an education profile in grades 7 through 12 with adult guidance. The plan and profile shall be reviewed and updated periodically (at least annually) and be supported by a Comprehensive School Counseling Program as defined in OAR 581-022-2060.

(10) Each student shall develop an education plan and build an education profile.

(a) Each student shall develop an education plan that:

(A) Identifies personal and career interests;

(B) Identifies tentative educational and career goals and post high school next steps (i.e. college, workforce, military, apprenticeship, other);

(D) Designs, monitors and adjusts a course of study that meets the interest and goals of the student as described in subsection (a) (A), (B) and (C) of this section that includes but is not limited to:

(i) Appropriate coursework and learning experiences;

(ii) Identified career-related learning experiences; and

(iii) Identified extended application opportunities.

(b) Through the education profile each student shall:

(A) Monitor progress and achievement toward standards including:

(i) Content standards;

(ii) Essential skills;

(iii) Extended application standard; and

(iv) Other standards where appropriate (e.g. industry standards).

(B) Document other personal accomplishments determined by the student or school district.

(11) Each student shall build a collection of evidence, or include evidence in existing collections(s), to demonstrate extended application (as defined in OAR 581-022-0102).

(12) Each student shall participate in career-related learning experiences outlined in the education plan (as defined in OAR 581-022-0102).

(13) The following course requirements apply to the International Baccalaureate program:

(a) A student who has completed an International Baccalaureate program shall be considered to have satisfied the requirements of sections (2) and (3) of this rule if the student:

(A) satisfies all the requirements as described in the International Baccalaureate Organization’s International Baccalaureate Diploma Programme curriculum; or

(B) satisfies all the requirements as described in the International Baccalaureate Organization’s International Baccalaureate Career-related Programme curriculum.

(b) Unless waived in accordance with OAR 581-022-2000(14), a school district or public charter school offering an International Baccalaureate Diploma Programme or an International Baccalaureate Career-related Programme shall ensure students in an International Baccalaureate program complete .5 credit of Personal Finance Education and .5 credit of Higher Education and Career-path Skills as stand-alone courses.

(c) A school district or public charter school offering an International Baccalaureate Diploma Programme or an International Baccalaureate Career-related Programme shall develop a curriculum plan that ensures students in an International Baccalaureate Program receive inclusive instruction aligned to the adopted standards in Civics and Health. This plan shall be kept on file at the district and be available to ODE upon request.

(d) Only for the purpose of satisfying requirements in Section 13 paragraph (a) of this rule, a person who is not an external International Baccalaureate examiner may grade assessments or examinations for either program.

(e) A school district or public charter school may establish requirements that are in addition to the requirements prescribed by Section 13 paragraph (a) of this rule. When establishing requirements, a school district or public charter school shall attempt not to establish requirements that may discourage student access to or participation in the International Baccalaureate program.

(14) A district or public charter school may request a waiver of the credit requirements described in sections (3)(a)(H) and (3)(a)(I) of this rule on behalf of a student participating in an International Baccalaureate Program who entered high school between July 1, 2024 and July 1, 2027, in accordance with the following requirements:

(a) To receive a waiver under this section, the district or public charter school must demonstrate to the satisfaction of the Oregon Department of Education that the student was unable to access courses necessary for the student to satisfy the credit requirements due to a lack of reasonable opportunities to take the course.

(b) For a waiver to be considered by the Oregon Department of Education, it must include:

(A) An explanation of why the student did not have a reasonable opportunity to access the required courses;

(B) An explanation of how the district or public charter school ensured the student received access to personal finance, higher education, and career path content through means other than the required courses;

(C) The district or public charter school’s corrective action plan to make the required courses more accessible for students participating in an International Baccalaureate Program; and

(D) Local school board approval of the application and the date of such approval.

(i) Waivers may be approved at the Oregon Department of Education's discretion. Denied waivers may be appealed to the State Board of Education.

(ii) Section (14) of this rule shall sunset effective July 1, 2030.

(15) Notwithstanding sections (1) to (12) of this rule, each district school board or public charter school governing board with jurisdiction over high school programs shall award a modified diploma to those students who have demonstrated the inability to meet the full set of academic content standards even with reasonable modifications and accommodations and who fulfill all requirements as described in OAR 581-022-2010.

(16) Notwithstanding sections (1) to (12) of this rule, each district school board or public charter school governing board with jurisdiction over high school programs shall award an extended diploma to those students who have demonstrated the inability to meet the full set of academic content standards even with reasonable modifications and accommodations and who fulfill all requirements as described in OAR 581-022-2015.

(17) Notwithstanding sections (1) to (12) of this rule and as provided in OAR 581-022-2020, schools districts and public charter schools shall make a certificate of attendance available to students as an alternative for students who do not obtain the regular diploma, modified diploma or extended diploma.

(18) Attendance Requirements:

(a) Twelve school years shall be required beginning with grade 1, except when the school district adopts policies providing for early or delayed completion of all state and school district credit and performance requirements;

(b) Notwithstanding subsection (a) of this section, a student may satisfy the requirements of sections (2)(6) of this rule in less than four years. If the school district or public charter school has the consent of the student’s parent or guardian, a school district or public charter school shall award a diploma to a student upon request from the student, if the student satisfies the requirements for the diploma that apply to the student based on the date of graduation of the student or the school year when the student first enrolled in grade 9, as applicable.

(c) If a school district or public charter school has the consent of a student’s parent or guardian, the school district or public charter school may advance the student to the next grade level if the student has satisfied the requirements for the student’s current grade level.

(d) The requirement for obtaining the consent of a student’s parent or guardian under subsections (b) and (c) of this section does not apply to a student who is:

(A) Emancipated pursuant to ORS 419B.550 to 419B.558; or

(B) 18 years of age or older.

(e) The district school board may adopt policies for alternative learning experiences, such as credit by examination and credit for off-campus experiences;

(f) With any modification of the attendance requirements for graduation, school district and public charter school staff shall consider age and maturity of students, access to alternative learning experiences, performance levels, school district or public charter school guidelines and the wishes of parents and guardians.

(19) A school district or public charter school shall ensure that students have access to the appropriate resources to achieve a diploma at each high school in the school district or at the public charter school.

History

Statutory/Other Authority: ORS 326.051 & ORS 329.451
Statutes/Other Implemented: ORS 326.051, ORS 329.451 & ORS 339.280
ODE 3-2025, amend filed 01/17/2025, effective 01/17/2025
ODE 37-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 42-2022, minor correction filed 08/25/2022, effective 08/25/2022
ODE 22-2022, amend filed 04/26/2022, effective 04/26/2022
ODE 15-2022, amend filed 03/24/2022, effective 03/24/2022
ODE 21-2018, amend filed 06/05/2018, effective 06/06/2018
ODE 3-2018, amend filed 01/30/2018, effective 01/30/2018
Renumbered from 581-022-1130 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 45-2014, f. & cert. ef. 12-17-14
ODE 20-2009, f. & cert. ef. 12-10-09
ODE 5-2009(Temp), f. 6-29-09, cert. ef. 6-30-09 thru 12-22-09
ODE 18-2008, f. & cert. ef. 6-27-08
ODE 18-2007, f. & cert. ef. 9-10-07
ODE 18-2006, f. 12-11-06, cert. ef. 12-12-06
ODE 12-2002, f. & cert. ef. 4-15-02
EB 2-1997, f. 3-27-97, cert. ef. 9-1-97

Or. Admin. R. 581-022-2005 Veterans Diploma

(1) Notwithstanding sections (1) to (11) and (15) of OAR 581-022-2000, school districts and public charter schools shall, upon request, award a diploma to veterans of the Armed Forces of the United States, alive or deceased, that meet the following requirements:

(a) The veteran resides within the boundaries of the school district or is a resident of the State of Oregon and attended a high school of the school district.

(b) The veteran attended a high school, but did not complete a high school diploma, before serving in the Armed Forces of the United States.

(d) The veteran served in Armed Forces of the United States during:

(A) World War I;

(B) World War II;

(D) The Vietnam War;

(E) Operation Urgent Fury (Grenada);

(F) Operation Just Cause (Panama);

(G) Operation Desert Shield/Desert Storm (the Persian Gulf War);

(H) Operation Restore Hope (Somalia);

(I) Operation Enduring Freedom (Afghanistan); or

(J) Operation Iraqi Freedom (Iraq); or

(K) Served in the Armed Forces of the United States in an area designated as a combat zone by the President of the United States.

(2) Requests for a diploma shall be made by the veteran or, if deceased, a representative of the veteran.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 332.114
ODE 7-2018, adopt filed 02/22/2018, effective 02/22/2018

Or. Admin. R. 581-022-2010 Modified Diploma

(1) Definitions. As used in this rule:

(a) “Documented history” means evidence in the cumulative record and education plans of a student that demonstrates the inability over time to maintain grade level achievement even with appropriate modifications and accommodations.

(b) “Instructional barrier” means a significant physical, cognitive or emotional barrier that impairs a student’s ability to maintain grade level achievement.

(c) “Modified course” means a course that has been systematically changed or altered for a student only after reasonable alternative instructional strategies (e.g. accommodations, remediation) are exhausted.

(d) “Other services” for the purposes of this rule means:

(A) Those services paid for or provided by another agency, such as Vocational Rehabilitation or Brokerages, which may be considered in the calculation of the total number of hours that equals at least the total number of instructional hours that is required to be provided to students who are attending public high school. These “other services” are not to be considered educational services and are not provided by or through the school district or public charter school.

(B) Those services identified in OAR 581-022-2320(4), such as school assemblies, student orientations, testing, etc, which may be considered in the calculation of the total number of hours that equals at least the total number of instructional hours that is required to be provided to students who are attending public high school. These services are provided by the school district or public charter school.

(2) On or after July 1, 2009, each district school board or public charter school governing board with jurisdiction over high school programs shall award a modified diploma only to students who have demonstrated the inability to meet the full set of academic content standards for a high school diploma even with reasonable modifications and accommodations but who fulfill all state requirements as described in this rule and all applicable local school district requirements as described in district school board policies or public charter school requirements as described in school policies. In addition, on or after July 1, 2009, a district school board or public charter school governing board may only award a modified diploma to a student who meets the eligibility criteria specified in section 3 of this rule.

(3)(a) Except as provided in paragraph (c) or (d) of this section, a school district or public charter school shall grant eligibility for a modified diploma to a student who has:

(A) A documented history of an inability to maintain grade level achievement due to significant learning and instructional barriers; or

(B) A documented history of a medical condition that creates a barrier to achievement.

(b) A student shall have the opportunity to meet the requirements of a modified diploma by the later of:

(A) Four years after starting grade nine; or

(B) The student reaching the age of 21 years, if the student is entitled to a public education until the age of 21 years under state or federal law.

(c) A student may complete the requirements for a modified diploma in less than four years if the parent/guardian or adult student gives consent.

(A) The consent must be written and must clearly state that the parent/guardian or adult student is waiving the 4 years to complete the requirements for a modified diploma.

(B) A copy of all consents must be sent to the district superintendent.

(C) Each school district must annually provide the number of consents obtained to the State Superintendent of Public Instruction.

(D) The consent may not be used to allow a student to satisfy the requirements for a modified diploma in less than three years.

(d) A school district or public charter school may not deny a student who has the documented history described in paragraph (a) of this subsection the opportunity to pursue a diploma with more stringent requirements than a modified diploma for the sole reason that the student has the documented history.

(e) Students currently engaged in the use of illegal drugs are not eligible for a modified diploma if the significant learning and instructional barriers are due to the use of illegal drugs.

(f) Students currently engaged in the illegal use of alcohol are not eligible for a modified diploma if the significant learning and instructional barriers are due to the alcohol abuse, regardless of whether that student is disabled under Section 504 on the basis of alcoholism.

(g) Notwithstanding paragraph (c) and (d) of this section, a school district or public charter school may grant eligibility for a modified diploma to a student who is no longer engaging in illegal use of drugs or alcohol if the student:

(A) Has successfully completed a supervised drug or alcohol rehabilitation program and are no longer engaged in the illegal use of drugs or alcohol; or

(B) Has been rehabilitated successfully and is no longer engaged in the illegal use of drugs or alcohol; or

(C) Is participating in a supervised rehabilitation program and is no longer engaging in the illegal use of drugs or alcohol.

(4)(a) A school district or public charter school shall determine which school teams shall decide if a student will work toward obtaining a modified diploma. A student’s school team must include an adult student, parent/ guardian of the student.

(b) A school district or public charter school may award a modified diploma to a student only upon the consent of the parent or guardian of the student or upon the consent of the adult student or emancipated minor student. A district or school must receive the consent in writing and during the school year in which the modified diploma is awarded.

(A) If student is under 18, consent must be received from the parent or guardian.

(B) If the student is under age 18 and emancipated, consent must be received from the student.

(D) If the student is under guardianship from the courts, consent must come from the court-appointed authority.

(c) Except as provided in subsection (e) of this section, a student’s school team shall decide that a student should work toward a modified diploma no earlier than the end of the 6th grade and no later than 2 years before the student’s anticipated exit from high school.

(d) For students with a documented history described in subsection 3a of this section, the following information must be provided annually, beginning in grade five or after such a documented history has been established:

(A) Information about the availability of high school diplomas, modified diplomas and the requirements for the diplomas; and

(B) a disclosure that a student awarded a certificate of attendance will not be counted as a high school graduate in any reporting for the state or school district and that the student awarded a certificate of attendance may not indicate that the student received a high school diploma on applications for employment, military service, financial aid, admittance to an institution of higher education or any other purpose.

(e) A student’s school team may formally decide to revise a modified diploma decision.

(f) A student’s school team may decide that a student who was not previously working towards a modified diploma should work toward a modified diploma when a student is less than 2 years from anticipated exit from high school if the documented history of the student described in section (3) of this rule has changed.

(5) Unit of credit requirements for students graduating with a modified diploma:

(a) To receive a modified diploma prior to January 1, 2027 a student must earn 24 units of credit, between grade 9 and the end of their high school career, with at least 12 of those credits to include:

(A) Language Arts — 3;

(B) Mathematics — 2;

(D) Social Sciences (which may include history, civics, geography and economics including personal finance) — 2;

(E) Health Education — 1;

(F) Physical Education — 1; and

(G) Career Technical Education, The Arts or World Languages (units may be earned in any one or a combination) — 1.

(b) To receive a modified diploma after January 1, 2027 a student must earn 24 units of credit, between grade 9 and the end of their high school career, with at least 13 of those credits to include:

(A) Language Arts — 3;

(B) Mathematics — 2;

(D) Social Sciences (which may include history, civics, geography and economics) — 2;

(E) Health Education — 1;

(F) Physical Education — 1; and

(G) Career Technical Education, The Arts or World Languages (units may be earned in any one or a combination) — 1.

(H) Personal Financial Education – 0.5; and

(I) Higher Education and Career Path Skills – 0.5

(c) School districts and public charter schools shall be flexible in awarding the remaining units of credit. These credits must be awarded to meet the needs of the individual student as specified in the education plan of the student with the expectations and standards aligned to the appropriate grade level academic content standards. These credits may include:

(A) Additional core credits described in paragraph (a) of this section;

(B) Professional technical education;

(D) Career development.

(d) Students may earn units of credit through regular education with or without accommodations or modifications and through modified courses.

(e) Students shall have the option to earn credit for demonstrating proficiency. A student may be given credit for successful demonstration of knowledge and skills that meets or exceeds defined levels of performance. Students may demonstrate proficiency through classroom work or documentation of learning experiences outside of school, or through a combination of these means.

(f) School districts and public charter schools shall ensure that students have access to needed courses, modifications and supports to pursue a modified diploma and to progress in the general education curriculum.

(g) A school district or public charter school may not require a student to earn more than 24 units of credit to receive a modified diploma.

(6) A school district or public charter school shall grant credit toward a modified diploma only for courses that contain substantial academic content. A school district or public charter school shall grant credit for a modified diploma through a continuum of instruction beginning at basic skills and progressing through high level skills.

(7) A school district or public charter school shall award a regular diploma under OAR 581-022-2000 if all requirements for a regular diploma are met. Completion of one or more modified courses shall not prohibit a student from earning a regular diploma; however, required core courses taken under modified conditions must be retaken under standard conditions to be counted toward a regular diploma.

(8) A school district or public charter school shall grant credit toward a modified diploma according to individual student needs across academic content areas including applied, consumer, academic, or knowledge and skill development.

(9) Each student shall develop an education plan and build an education profile as provided under OAR 581-022-2000.

(10) A school district or public charter school shall inform the student and parent or guardian of the student if the courses in grades 9-12 have been modified for an individual student.

(11) A school district or public charter school shall provide transcripts which clearly identify modified courses that do not count toward the regular diploma but that do count toward a modified diploma.

(12) Each student shall build a collection of evidence, or include evidence in existing collections, to demonstrate extended application of the standards as defined in OAR 581-022-0102.

(13) Each student receiving a modified diploma shall have the option of participating in the high school graduation ceremony with the members of their class receiving a high school diploma.

(14)(a) A student who receives a modified diploma shall have access to instructional hours, hours of transition services and hours of other services that are designed to meet the unique needs of the student.

(b) When added together, the school district or public charter school will provide a total number of hours of instruction and services to the student that equals at least the total number of instructional hours that is required to be provided to students who are attending a public high school.

(c) The school district or public charter school may not unilaterally decrease the total number of hours of instruction and services to which the student has access regardless of the age of the student.

(d) Transition services and other services designed to meet the unique needs of the student may be provided to the student through an interagency agreement entered into by the school district if the individualized education program developed for the student indicates that the services may be provided by another agency. The school district or public charter school retains the responsibility for ensuring that the student has access to the number of service hours required to be provided to the student.

(e) An agency is not required to change any eligibility criteria or enrollment standards prior to entering into an interagency agreement with the school district.

(f) School districts and public charter schools shall ensure that all students have on-site access to the appropriate resources and courses to achieve a modified diploma at each high school in the school district or at the public charter school.

History

Statutory/Other Authority: ORS 329.451
Statutes/Other Implemented: ORS 329.451
ODE 15-2025, amend filed 03/13/2025, effective 03/14/2025
ODE 53-2024, amend filed 10/25/2024, effective 10/25/2024
ODE 37-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 15-2022, amend filed 03/24/2022, effective 03/24/2022
ODE 17-2017, temporary amend filed 10/10/2017, effective 10/10/2017 through 04/08/2018
Renumbered from 581-022-1134 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 45-2014, f. & cert. ef. 12-17-14
ODE 4-2012, f. 2-1-12, cert. ef. 2-3-12
ODE 22-2009, f. & cert. ef. 12-10-09
ODE 15-2008, f. & cert. ef. 5-23-08

Or. Admin. R. 581-022-2015 Extended Diploma

(1) Definitions: “Other services” for the purposes of this rule means:

(a) Those services paid for or provided by another agency, such as Vocational Rehabilitation or Brokerages, which may be considered in the calculation of the total number of hours that equals at least the total number of instructional hours that is required to be provided to students who are attending public high school. These “other services” are not to be considered educational services and are not provided by or through the school district or public charter school.

(b) Those services identified in OAR 581-022-1620(4), such as school assemblies, student orientations, testing, etc, which may be considered in the calculation of the total number of hours that equals at least the total number of instructional hours that is required to be provided to students who are attending public high school. These services are provided by the school district or public charter school.

(2) A school district or public charter school shall award an extended diploma to a student who satisfies the requirements of this rule.

(3) A school district or public charter school shall award an extended diploma only to students who have demonstrated the inability to meet the full set of academic content standards for a high school diploma with reasonable modifications and accommodations.

(4) A school district or public charter school may award an extended diploma to a student only upon the consent of the parent or guardian of the student, or upon the consent of the adult student or emancipated minor student. A district or school must receive the consent in writing and during the school year in which the extended diploma is awarded.

(a) If student is under 18, consent must be received from the parent or guardian.

(b) If the student is under age 18 and emancipated, consent must be received from the student.

(d) If the student is under guardianship from the courts, consent must come from the court-appointed authority.

(5) To be eligible for an extended diploma, a student must:

(a) While in grade nine through completion of high school, complete 12 credits, which may not include more than six credits earned in a self-contained special education classroom and shall include:

(A) Two credits of mathematics;

(B) Two credits of language arts;

(D) Three credits of history, geography, economics, or civics;

(E) One credit of health;

(F) One credit of physical education; and

(G) One credit of arts or a world language; and;

(b) Have a documented history of:

(A) An inability to maintain grade level achievement due to significant learning and instructional barriers;

(B) A medical condition that creates a barrier to achievement; or

(C) A change in the student’s ability to participate in grade level activities as a result of a serious illness or injury that occurred after grade eight.

(D) One credit of the arts or a world language;

(6)(a) A student shall have the opportunity to meet the requirements of an extended diploma by the later of:

(A) Four years after starting grade nine; or

(B) The student reaching the age of 21 years, if the student is entitled to a public education until the age of 21 years under state or federal law.

(b) A student may complete the requirements for an extended diploma in less than four years if the parent/guardian or adult student gives consent. The consent must be written and must clearly state that the parent/guardian or adult student is waiving the 4 years to complete the requirements for an extended diploma. A copy of all consents must be sent to the district superintendent. Each school district must annually provide the number of consents obtained to the State Superintendent of Public Instruction. The consent may not be used to allow a student to satisfy the requirements for an extended diploma in less than three years.

(7) A school district or public charter school shall:

(a) Ensure that all students have on-siteaccess to the appropriate resources and courses to achieve an extended diploma at each high school in the school district or at the public charter school.

(b) For students with a documented history described in subsection 5b of this section, the following information must be provided annually, beginning in grade five or after such a documented history has been established:

(A) Information about the availability of high school diplomas, modified diplomas and the requirements for the diplomas; and

(B) A disclosure that a student awarded a certificate of attendance will not be counted as a high school graduate in any reporting for the state or school district and that the student awarded a certificate of attendance may not indicate that the student received a high school diploma on applications for employment, military service, financial aid, admittance to an institution of higher education or any other purpose.

(c) A school district or public charter school may not deny a student who has the documented history described in subsection (1)(a) of this section the opportunity to pursue a diploma with more stringent requirements than a modified diploma or an extended diploma for the sole reason that the student has the documented history.

(8)(a) A student who receives an extended diploma shall have access to instructional hours, hours of transition services and hours of other services that are designed to meet the unique needs of the student.

(e) An agency is not required to change any eligibility criteria or enrollment standards prior to entering into an interagency agreement with the school district.

(9) School districts and public charter schools shall make extended diplomas as required by ORS 329.451 and this rule first available to students during the 2009-2010 school year.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 329.451
ODE 25-2024, amend filed 05/21/2024, effective 05/21/2024
ODE 15-2022, amend filed 03/24/2022, effective 03/24/2022
ODE 37-2018, amend filed 11/21/2018, effective 11/23/2018
Renumbered from 581-022-1133 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 43-2016, f. & cert. ef. 9-6-16
ODE 29-2016, f. & cert. ef. 4-28-16
ODE 45-2014, f. & cert. ef. 12-17-14
ODE 44-2014, f. & cert. ef. 12-17-14
ODE 3-2012, f. 2-1-12, cert. ef. 2-3-12
ODE 21-2009, f. & cert. ef. 12-10-09

Or. Admin. R. 581-022-2020 Certificate of Attendance

(1) Definitions.

(a) “Other services” for the purposes of this rule means:

(b) "Documented history" means evidence in the cumulative record and education plans of a student that demonstrates the inability over time to maintain grade level achievement even with appropriate modifications and accommodations.

(c) "Instructional barrier" means a significant physical, cognitive or emotional barrier that impairs a student's ability to maintain grade level achievement.

(2) A School district or public charter school shall award a certificate of attendance to a student who does not satisfy the requirements for a high school diploma, a modified diploma or an extended diploma if the student has maintained regular full time attendance for at least four years beginning in grade nine.

(3) Each district school board or public charter school governing board with jurisdiction over high school programs shall define criteria for a certificate of attendance and shall award a certificate of attendance to those students who have met the criteria requirements as described in district school board policies.

(4) A student shall have the opportunity to meet the requirements of a certificate of attendance by the later of:

(a) Four years after starting grade nine; or

(b) The student reaching the age of 21 years, if the student is entitled to a public education until the age of 21 years under state or federal law.

(c) A student may complete the requirements for a certificate of attendance in less than four years if the parent/guardian or adult student gives consent.

(A) The consent must be written and must clearly state that the parent/guardian or adult student is waiving the 4 years to complete the requirements for a certificate of attendance.

(B) A copy of all consents must be sent to the district superintendent.

(C) Each school district must annually provide the number of consents obtained to the State Superintendent of Public Instruction

(D) The consent may not be used to allow a student to satisfy the requirements for a certificate of attendance in less than three years.

(5) A school district or public charter school shall:

(a) Ensure that all students have on-site access to the appropriate resources and courses to achieve a diploma at each high school in the school district or at the public charter school.

(b) For students with a documented history described in subsections (1)(b) and (1)(c) of this section, the following information must be provided annually, beginning in grade five or after such a documented history has been established:

(A) Information about the availability of high school diplomas, modified diplomas and the requirements for the diplomas; and

(6) Each student receiving a certificate of attendance shall have the option of participating in the high school graduation ceremony with the members of their class receiving a high school diploma.

(7)(a) A student who receives a certificate of attendance shall have access to instructional hours, hours of transition services and hours of other services that are designed to meet the unique needs of the student.

(d) Transition services or other services designed to meet the unique needs of the student may be provided to the student through an interagency agreement entered into by the school district if the individualized education program developed for the student indicates that the services may be provided by another agency. The school district or public charter school retains the responsibility for ensuring that the student has access to the number of service hours required to be provided to the student.

(e) An agency is not required to change any eligibility criteria or enrollment standards prior to entering into an interagency agreement with the school district.

History

Statutory/Other Authority: ORS 329.451
Statutes/Other Implemented: ORS 329.451
ODE 25-2024, amend filed 05/21/2024, effective 05/21/2024
Renumbered from 581-022-1135 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 5-2012, f. 2-1-12, cert. ef. 2-3-12
ODE 23-2009, f. & cert. ef. 12-10-09
ODE 15-2008, f. & cert. ef. 5-23-08

Or. Admin. R. 581-022-2025 Credit Options

(1) A school district or public charter school shall grant required and elective credit towards the diploma or a modified diploma, provided the method for accruing such credit is described in the student's personal education plan and the student earns the credit by meeting the requirements of one or more of the options described in this rule.

(2) A school district or charter school may grant credit to a student if the student demonstrates defined levels of proficiency or mastery of recognized standards (e.g., state academic content standards and essential skills, industry-based or other national or international standards) by any one or more of the following options:

(a) Successfully completing classroom or equivalent work (e.g., supervised independent study, career-related learning experiences, project based learning), which meets Common Curriculum Goals and academic content standards required by OAR 581-022-2030;

(b) Successfully completing classroom or equivalent work designed to measure proficiency or mastery of identified standards (knowledge and skills) in class or out of class, where hours of instruction may vary;

(c) Successfully passing an appropriate exam designed to measure proficiency or mastery of identified standards (knowledge and skills);

(d) Providing a collection of work or other assessment evidence which demonstrates proficiency or mastery of identified standards (knowledge and skills); or

(e) Providing documentation of prior learning activities or experiences which demonstrates proficiency or mastery of identified standards (knowledge and skills) (e.g., certification of training, letters, diplomas, awards, etc.).

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
Renumbered from 581-022-1131 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 3-2015, f. 1-30-15, cert. ef. 7-1-15
ODE 2-2009, f. & cert. ef. 4-23-09
ODE 4-2003, f. & cert. ef. 3-14-03

Or. Admin. R. 581-022-2030 District Curriculum

(1) As used in this rule, “curriculum” means the planned instructional program, which includes the goals, essential skills, academic content standards, instructional materials as defined in OAR 581-011-0050, supplemental resources, instructional methods, and assessments needed to help students develop critical skills and knowledge.

(2) Each school district shall provide a planned K–12 instructional program.

(3) The planned K–12 instructional program shall include Common Curriculum Goals adopted by the State Board of Education to include:

(a) Content Standards as defined in OAR 581-022-0102(10) for the following:

(A) Language Arts;

(B) Mathematics;

(D) Social Science (including history, geography, economics and civics);

(E) The Arts;

(F) World Languages;

(G) Health Education;

(H) Physical Education;

(I) Comprehensive School Counseling; and

(J) Social and Emotional Learning;

(b) Additional Common Curriculum Goals for technology;

(d) Career education as outlined in OAR 581-022-2055, which may include career and technical education.

(4) In addition to the requirements outlined in section (3), each school district offering grades 9 or higher shall provide a planned 9–12 instructional program, which includes the following academic content standards:

(a) Personal Financial Education; and

(b) Higher Education and Career Path Skills.

(5) The school district shall also provide instruction in other areas identified in chapter 581, division 22 of the Oregon Administrative Rules, including:

(a) Infectious diseases, including AIDS/HIV and Hepatitis B;

(b) Substance use prevention education; and

(6) The school district is also accountable to provide instruction in compliance with requirements set forth in ORS Chapter 336, Conduct of Schools Generally.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 329.045
ODE 37-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 15-2022, amend filed 03/24/2022, effective 03/24/2022
ODE 17-2018, amend filed 06/05/2018, effective 06/06/2018
Renumbered from 581-022-1210 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 5-2017, f. & cert. ef. 5-2-17
ODE 45-2014, f. & cert. ef. 12-17-14
ODE 25-2008, f. & cert. ef. 9-26-08
ODE 19-2007, f. & cert. ef. 9-10-07
ODE 5-2006, f. & cert. ef. 2-14-06
Reverted to EB 6-1997, f. & cert. ef. 6-9-97
ODE 7-2005(Temp), f. & cert. ef. 3-15-05 thru 9-1-05
EB 6-1997, f. & cert. ef. 6-9-97

Or. Admin. R. 581-022-2045 Substance Use Prevention and Intervention Plan

(1) Each school district shall develop a comprehensive plan for substance use prevention and intervention program which shall include, but not be limited to:

(a) Instruction in the effects of substances, including tobacco, alcohol, and other drugs, as an integral part of the district's K–12 comprehensive health education program. In addition, at least annually, all high school students, grades 9–12 shall receive age-appropriate instruction about drug and alcohol prevention

(A) The age-appropriate curriculum for this instruction shall:

(i) Align with State Board adopted Health Education Academic Content Standards;

(ii) Emphasize prevention strategies;

(iii) Be reviewed and updated annually to reflect current research;

(iv) Include the effects of alcohol, tobacco and other drug use, including the dangers of synthetic opioids, including fentanyl or any substituted derivative of fentanyl, counterfeit and fake drugs, anabolic steroids, and performance-enhancing and controlled substances;

(v) Include all laws relating to the use, especially by minors, of alcohol and other illegal drugs, including laws that provide immunity or other protections for persons who report drug or alcohol use or who seek medical treatment for drug or alcohol overdoses for themselves or others;

(vi) Include the availability of school and community resources; and

(vii) Incorporate curricula supplements provided by the Oregon Department of Education that focus on the dangers of synthetic opioids, including fentanyl, and on laws that provide immunity and other protections. The supplements shall be utilized annually in grades 6-8 and at least once in grades 9-12.

(B) The instructional program shall include activities which will assist students in developing and reinforcing skills to:

(i) Understand and manage peer pressure;

(ii) Understand the consequences of consuming alcohol and other drugs;

(iii) Make informed and responsible decisions; and

(iv) Motivate students to adopt positive attitudes towards health and wellness.

(b) Policies, rules, and procedures which:

(A) Include a philosophy statement relating to drug-free schools and the established tobacco-free policies and procedures for students, staff and visitors.

(B) Define the nature and extent of the district's program, including a plan to access and use federal funds;

(D) In accordance with OAR 581-021-0050 and 581-021-0055, indicate the consequences for using and/or selling alcohol and other drugs, including the specific rule of the school as it relates to law enforcement agencies;

(E) Describe the district's intervention and referral procedures, including those for drug-related medical emergencies;

(F) Indicate clearly that the school district's jurisdiction includes all school sponsored events including student activities; and

(G) Are reviewed and updated annually.

(2) The district's substance use prevention and intervention plan shall be approved by the school district board after consultation from parents, teachers, students, school administrators, local community agencies, and persons from the health or alcohol and drug service community who are knowledgeable of the latest research information.

(3) Staff development in the district shall:

(a) Inform all staff of the district plan and their responsibilities within that plan; and

(b) Provide alcohol and drug abuse prevention education to all staff.

History

Statutory/Other Authority: ORS 326.051 & ORS 336.235
Statutes/Other Implemented: ORS 336.067 & ORS 336.222
ODE 24-2024, amend filed 05/21/2024, effective 05/22/2024
Renumbered from 581-022-0413 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 14-2008, f. & cert .ef. 5-23-08
EB 30-1989, f. & cert. ef. 10-24-89

Or. Admin. R. 581-022-2050 Human Sexuality Education

(1) The following definitions apply to Oregon Administrative Rule 581-022-2050:

(a) “Age-appropriate” means curricula designed to teach concepts, information, and skills based on the social, cognitive, emotional, experience and developmental level of students;

(b) “Balanced” means instruction that provides information with the understanding of, and strength of the preponderance of evidence;

(c) “Best practice” means a practice/curriculum that is based in proven theory and practices, and has some evidence of effectiveness, but has not specifically gone through a randomized controlled trial that is needed to become an evidence-based practice;

(d) “Comprehensive plan of instruction” (as defined by Oregon education statutes) means k–12 programs that emphasize abstinence, but not to the exclusion of condom and contraceptive skills-based education. The human sexuality information provided is complete, balanced, and medically accurate. Opportunities are provided for young people to develop and understand their values, attitudes, beliefs and decisions about sexuality as a means of helping young people exercise responsibility regarding sexual relationships and sexual health decisions as further defined by subsections (2) and (3);

(e) "Consensual" means the presence of a "yes" when "no" is a viable option;

(f) “Culturally inclusive” means using materials and instruction strategies that respond to culturally diverse individuals, families, and communities in a respectful and effective manner;

(g) "Gender expression" means how people express their gender based on mannerisms, dress, etc. A person's gender expression/presentation may not always match their gender identity;

(h) Gender identity" means a person's internal sense of being male, female or some other gender, regardless of whether the individual's appearance, expression or behavior differs from that traditionally associated with the individual's sex assigned at birth;

(i) “Gender role” means the socially determined sets of behaviors assigned to people based on their biological sex;

(j) “Gender sensitive” means using materials and instruction strategies that are sensitive to individual’s similarities and differences regarding gender role, gender identity and/or sexual orientation;

(k) "Healthy relationship" means one in which both people feel a healthy sense of "self". Each person feels comfortable and safe when spending time with the other person. Two individuals try to meet each other's needs, and each can ask for help and support, within and outside of the relationship without fear of criticism or harm;

(l) “Medically accurate” means information that is established through the use of the ‘scientific method.’ Results can be measured, quantified, and replicated to confirm accuracy, and are reported or recognized in peer-reviewed journals or other authoritative publications;

(m) "Non-consensual sexual behavior" means any sexual act that is inflicted upon a person who is unable to grant consent or that is unwanted and compelled through the use of physical force, manipulation, threats, or intimidation;

(n) “Research-based” means intervention is based on theoretical approaches that have been shown through scientific evaluation to be effective in achieving the intended outcomes. Evaluation based on studies using scientifically based designs; results published in recognized, peer-reviewed journals;

(o) “Sexual intercourse” means a type of sexual contact or activity involving one of the following:

(A) Vaginal sex;

(B) Oral sex; or

(p) “Sexual orientation” means an individual’s actual or perceived heterosexuality, homosexuality, bisexuality or other romantic and/or sexual attraction;

(q) “Shame or fear based” means terminology, activities, scenarios, context, language, and/or visual illustrations that are used to devalue, ignore, and/or disgrace students who have had or are having sexual relationships. Not all curricula or activities that describe risks of sexual activities can be considered “fear-based;”

(r) “Skills-based” means instructional strategy that has students practice the desired skill; and

(s) “Student bystander behavior” means behaviors in which students who witness or learn about a peer’s harmful behaviors or attitudes intervene when it is safe to do so.

(2) Each school district shall provide an age-appropriate, comprehensive plan of instruction focusing on human sexuality education, HIV/AIDS and sexually transmitted infections and disease prevention in elementary and secondary schools as an integral part of health education and other subjects. Course material and instruction for all human sexuality education courses that discuss human sexuality in public elementary and secondary schools shall enhance students’ understanding of sexuality as a normal and healthy aspect of human development. As part of the comprehensive plan of human sexuality instruction, each school district board shall adopt a child sexual abuse prevention instructional program for students in kindergarten through grade 12 as defined in subsection (9). In addition, the HIV/AIDS and sexually transmitted infections and disease prevention education and the human sexuality education comprehensive plan shall provide adequate instruction at least annually, for all students’ grades 6-8 and at least twice during grades 9–12.

(3) Parents, teachers, school administrators, local health department staff, other community representatives, and persons from the medical community who are knowledgeable of the latest scientific information and effective education strategies shall develop the plan of instruction required by this rule, and in alignment with the Oregon Health Education Standards and Benchmarks, cooperatively.

(4) Local school boards shall approve the plan of instruction and require that it be reviewed and updated biennially in accordance with new scientific information and effective education strategies.

(5) Any parent may request that his/her child be excused from that portion of the instructional program required by this rule under the procedures set forth in ORS 336.035(2).

(6) The comprehensive plan of instruction shall include information that:

(a) Promotes abstinence for school-age youth and mutually monogamous relationships with an uninfected partner for adults as the safest and mostly responsible sexual behavior to reduce the risk of unintended pregnancy and exposure to HIV, Hepatitis B/C and other sexually transmitted infectious diseases;

(b) Allays those fears concerning HIV that are scientifically groundless;

(d) Provides balanced, accurate information, and skills-based instruction on the risks and benefits of contraceptives, condoms and other disease reduction measures which reduce the risk of unintended pregnancy, exposure to HIV, hepatitis B/C and other sexually transmitted infections and diseases;

(e) Discusses responsible sexual behaviors and hygienic practices which may reduce or eliminate unintended pregnancy, exposure to HIV, hepatitis B/C and other sexually transmitted infections and diseases;

(f) Stresses the risks of contracting HIV, hepatitis B and C and other infectious diseases through sharing of needles or syringes for injecting illegal drugs and controlled substances;

(g) Discusses the characteristics of the emotional, physical and psychological aspects of a healthy relationship;

(h) Discusses the benefits of delaying pregnancy beyond the adolescent years as a means to better ensure a healthy future for parents and their children. Students shall be provided with statistics based on the latest medical information regarding both the health benefits and the possible side effects of all forms of contraceptives, including the success and failure rates for prevention of pregnancy, sexually transmitted infections and diseases;

(i) Stresses that HIV/STDs and hepatitis B/C can be possible hazards of sexual contact;

(j) Provides students with information about Oregon laws that address young people’s rights and responsibilities relating to childbearing and parenting, and prevention of the spread of STDs, STIs, including testing for STDs, STIs, HIV and pregnancy;

(k) Advises pupils of the circumstances in which it is unlawful under ORS 163.435 and 163.445 for persons 18 years of age or older to have sexual relations with persons younger than 18 years of age to whom they are not married;

(l) Encourages positive family communication and involvement and helps students learn to make responsible, respectful and healthy decisions;

(m) Teaches that no form of sexual expression, or behavior is acceptable when it physically or emotionally harms oneself or others and that it is wrong to take advantage of or exploit another person;

(n) Teaches that consent is an essential component of healthy sexual behavior. Course material shall promote positive attitudes and behaviors related to healthy relationships and sexuality, and encourage active student bystander behavior;

(o) Teaches students how to identify and respond to attitudes and behaviors which contribute to sexual violence;

(p) Validates through course material and instruction the importance of honesty with oneself and others, respect for each person’s dignity and well-being, and responsibility for one’s actions;

(q) Uses inclusive materials, language, and strategies that recognizes different sexual orientations, gender identities and gender expression;

(r) Includes information about relevant community resources, how to access these resources, and the laws that protect the rights of minors to anonymously access these resources; and

(s) Is culturally inclusive.

(7) The comprehensive plan of instruction shall emphasize skills-based instruction that:

(a) Assists students to develop and practice effective communication skills, the development of self-esteem and the ability to resist peer and partner pressure;

(b) Provides students with the opportunity to learn about and personalize peer, media, technology and community influences that both positively and negatively impact their attitudes and decisions related to healthy sexuality, relationships, and sexual behaviors, including decisions to abstain from sexual intercourse;

(d) Teaches how to develop and communicate relational, sexual and reproductive boundaries;

(e) Is research-based, evidence-based and/or best practice; and

(f) Aligns with the Oregon Health Education Content Standards and Benchmarks.

(8) All human sexuality education programs shall emphasize that abstinence from sexual intercourse, when practiced consistently and correctly, is the only method that is 100 percent effective against unintended pregnancy, HIV infection (when transmitted sexually), hepatitis B/C infection, and other sexually transmitted infections and diseases. Abstinence is to be stressed, but not to the exclusion of contraceptives and condoms for preventing unintended pregnancy, HIV infection, sexually transmitted infections and diseases, and hepatitis B/C. Such courses are to acknowledge the value of abstinence while not devaluing, ignoring or stigmatizing those students who have had or are having sexual relationships. Further, sexuality education materials, instructional strategies, and activities must not, in any way, use shame or fear based tactics.

(9) As part of the comprehensive plan of human sexuality instruction, each school district shall provide child sexual abuse prevention instruction from kindergarten through grade 12. School Districts must provide a minimum of four instructional sessions per year. One instructional session is equal to one standard class period.

(10) Materials and information shall be presented in a manner sensitive to the fact that there are students who have experienced, perpetrated, or witnessed sexual abuse and relationship violence.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 336.455 & 336.455
Renumbered from 581-022-1440 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 16-2016, f. & cert. ef. 3-22-16
ODE 10-2013, f. & cert. ef. 4-10-13
ODE 25-2009, f. & cert. ef. 12-10-09
ODE 15-2007, f. & cert. ef. 7-6-07
ODE 25-2002, f. & cert. ef. 11-15-02
EB 2-1997, f. & cert. ef. 3-27-97
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2055 Career Education

Each school district shall implement plans for career education for grades K through 12, as required in OAR 581-022-2030, in conjunction with its Comprehensive School Counseling Program. Career education curriculum is part of the overall district curriculum, written to address Essential Skills, Education Plan and Education Profile, Career Connected Learning, and employability skills, and post-secondary options, and may include career and technical education.

History

Statutory/Other Authority: ORS 326.051 & ORS 329.275
Statutes/Other Implemented: ORS 326.051
ODE 37-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 22-2018, amend filed 06/05/2018, effective 06/06/2018
Renumbered from 581-022-0405 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 19-2008, f. & cert. ef. 6-27-08
EB 4-1989, f. & cert. ef. 1-23-89
1EB 19-1980, f. 6-17-80, ef. 9-1-81

Or. Admin. R. 581-022-2060 Comprehensive School Counseling

(1)(a) District Comprehensive School Counseling. Each school district shall provide a coordinated comprehensive school counseling program to support the academic, career, social-emotional, and community involvement development of each and every student. The district shall:

(b) Adopt comprehensive school counseling program goals that assist students to:

(A) Understand and utilize the educational opportunities and alternatives available to them;

(B) Meet academic standards;

(D) Create and maintain an education plan and education portfolio;

(E) Demonstrate the ability to utilize personal qualities, education and training, in the world of work;

(F) Develop decision-making skills;

(G) Obtain information about self;

(H) Accept increasing responsibility for their own actions, including the development of self-advocacy skills;

(I) Develop skills in interpersonal relations, including the use of affective and receptive communication;

(J) Utilize school and community resources;

(K) Demonstrate and discuss personal contributions to the larger community; and

(L) Know where and how to utilize personal skills in making contributions to the community.

(2) School Comprehensive Counseling. Each school shall provide a comprehensive counseling program that serves students grades K-12, based upon the most recent version of the Oregon Department of Education’s Framework for Comprehensive School Counseling Programs as adopted by the State Board of Education, which:

(a) Identifies staff responsibilities to plan, design and deliver a comprehensive school counseling program that meets the unique needs of their students and community;

(b) Aligns with the district’s school improvement plans;

(d) Expects all school staff to participate in implementing the comprehensive school counseling program; and

(e) Assists each student to develop, and annually review, an educational plan (a formalized plan and process in which students establish their education, career and life goals, identify learning goals and connect them to activities that will help them achieve their goals) in grades 7-12.

(3) Counseling Staff Assignments. Each school district shall maintain a licensed staff and promote effective counseling and advising practices consistent with the district's expected comprehensive school counseling program outcomes.

(a) A coordinated comprehensive school counseling program may be designed, delivered, or otherwise implemented by:

(A) A person who is licensed by the Teacher Standards and Practices Commission as a school counselor;

(B) A person who is licensed by the Teacher Standards and Practices Commission as a school social worker; or

(C) A team consisting of a combination of staff who include one or more professionals licensed by the Teacher Standards and Practices Commission and the members of the team as a whole have professional training or experience in the following areas:

(i) Oregon’s Framework for Comprehensive School Counseling Programs;

(ii) Counseling methodologies;

(iii) Social-emotional learning;

(iv) Mental and behavioral health supports;

(v) Trauma-sensitive practices;

(vi) Culturally responsive and sustaining practices;

(vii) Curriculum, instruction and assessment; and

(viii) Career development.

(b) In determining staffing for the program, the following shall be considered:

(A) Alignment with the American School Counselor Association and School Social Work Association recommended ratio of 1:250 students; and

(B) The number of aides or clerical staff assigned to support the implementation of the comprehensive school counseling program.

(A) Who is licensed by the Teacher Standards and Practices Commission to practice outside of the scope of the person’s license; or

(B) To practice within the scope of a license not held by that person.

(4) The department shall conduct a review of annual comprehensive school counseling program assessments of any district or school as part of the program evaluation and improvement process.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 326.051, ORS 329.275 & ORS 329.603
Statutes/Other Implemented: ORS 326.051 & ORS 329.603
ODE 37-2026, amend filed 06/22/2026, effective 06/22/2026
ODE 18-2020, amend filed 04/23/2020, effective 04/23/2020
ODE 39-2018, amend filed 11/28/2018, effective 11/28/2018
ODE 20-2018, amend filed 06/05/2018, effective 06/06/2018
Renumbered from 581-022-1510, ODE 16-2017, f. & cert. ef. 7-5-17
ODE 19-2008, f. & cert. ef. 6-27-08
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2100 Administration of State Assessments

(1) Definitions. As used in this rule:

(a) “Accommodations” means changes in procedures or materials that increase equitable access during assessment and generate valid assessment results for students who need them, allowing these students to show what they know and can do. Accommodations are available only to students with a documented Individualized Education Program (IEP) or Section 504 (Plan).

(b) “Designated supports” means access features of the assessment available for use by any student for whom the need has been indicated by an educator, or a team of educators with parent/guardian and student.

(c) “District test coordinator” (DTC) means district personnel who ensure secure administration of components of the Oregon Statewide Assessment System as defined by Oregon Revised Statute, Administrative Rules, and the Test Administration Manual, including but not limited to supervising the work of the school test coordinators and test administrators.

(d) “Force majeure” means an extraordinary circumstance (e.g., power outage or network disturbance lasting at least one full school day) or act of nature (e.g., flooding, earthquake, volcanic eruption) which directly prevents a school district from making reasonable attempts to adhere to the Test Schedule.

(e) “Impropriety” means the administration of components of the Oregon Statewide Assessment System in a manner not in compliance with the Test Administration Manual, Oregon Revised Statute, or this rule.

(f) “Invalidation” means the act of omitting information (e.g. test results and student responses) from ODE systems, including but not limited to testing, reporting, and accountability, for a given event. The student may not retest or reenter information.

(g) “Irregularity” means an unusual circumstance that impacts a group of students who are testing and may potentially affect student performance on the assessment or interpretation of the students’ scores. A force majeure is an example of a severe irregularity.

(h) “Modification” means practices and procedures that compromise the intent of the assessment through a change in the achievement level, construct, or measured outcome of the assessment.

(i)(A) “Oregon Statewide Assessment System” means:

(B) Statewide assessment components, including formative resources, interim tests, summative tests (general and alternate versions), and surveys, in:

(i) Science;

(ii) Mathematics;

(iii) English Language Arts (ELA);

(iv) English Language Proficiency (ELP);

(v) The Student Educational Equity Development (SEED) Survey as required by ORS 329.078; and

(vi) The information gathering process at kindergarten as required in OAR 581-022-2130.

(j) “Reset” means the removal of student responses for a given assessment event. The student may retest or reenter information.

(k) “School building” means facilities owned, leased, or rented by a school district, educational service district, public charter school, private school, or private alternative program.

(l) "School district" means:

(A) A school district as defined in ORS 332.002;

(B) The Oregon School for the Deaf;

(D) The Youth Corrections Education Program as defined in ORS 326.695;

(E) The Long Term Care Program as defined in ORS 343.961; and

(F) The Hospital Education Programs as defined in ORS 343.261.

(m) “School test coordinator” (STC) means school personnel who provide comprehensive training to test administrators and monitor the testing process.

(n) “Test Administration Manual”, “Oregon Accessibility Manual”, and “SEED Survey Administration Manual" refer to manuals published annually by ODE that include descriptions of the specific policies and procedures that school districts are required to follow when administering components of the Oregon Statewide Assessment System. References to these manuals refer to the edition published on August 1, 2025 and approved by the State Board of Education on March 19, 2026.

(o) “Test administrator” (TA) means an individual trained to administer the Oregon Statewide Assessments in accordance with the Test Administration Manual.

(p) “Test Schedule” means the Test Schedule published annually by ODE that includes the windows in which school districts must offer their students components of the Oregon Statewide Assessment System.

(q) “Universal Tools” means access features of the assessment that are either provided as digitally delivered components of the test administration system or separate from it. Universal tools are available to all students based on student preference and selection.

(2)(a) School districts, as defined in ORS 332.002, must enforce the assessment policies described in this rule for all students enrolled in a school operated by the district or enrolled in a public charter school that is located within the boundaries of the school district.

(b) School districts, as defined in ORS 332.002, must enforce the assessment policies described in this rule for all resident students enrolled in a private alternative education program, regardless of whether the private alternative education program is located within the boundaries of the school district.

(c) The Oregon School for the Deaf must enforce the assessment policies described in this rule for all students enrolled in that school.

(d) The Juvenile Detention Education Program and the Youth Corrections Education Program must enforce the assessment policies described in this rule for all students enrolled in that program.

(e) The Long Term Care Program and the Hospital Education Programs must enforce the assessment policies described in this rule for all students enrolled in that program.

(f) School districts may delegate responsibility for enforcing the assessment policies described in this rule to another school district or education service district under the conditions specified in the Test Administration Manual.

(3) School districts must administer components of the Oregon Statewide Assessment System in accordance with the Test Administration Manual, SEED Survey Administration Manual, and Test Schedule published by ODE. The results of these assessments are used to satisfy the requirements specified in OAR 581-022-2270, OAR 581-022-2250, and ORS 329.078 and as a method to evaluate compliance with OAR 581-022-2030.

(4)(a) Components of the Oregon Statewide Assessment System must be administered in an environment that satisfies conditions defined in the manuals, rules, and statutes pertaining to that assessment.

(b) School districts must provide only those subject-specific accommodations, designated supports, and universal tools listed in the Oregon Accessibility Manual and must provide these supports in a manner consistent with the policies contained in the Test Administration Manual and Oregon Accessibility Manual.

(5) School districts must decide whether to provide accommodations during administration of components of the Oregon Statewide Assessment System on an individual student basis, and separately for each content area assessed, using the following criteria:

(a) For students with an Individualized Education Program (IEP) or Section 504 Plan, school districts must implement the assessment decision made by a student’s IEP or 504 team and documented in the IEP or 504 Plan;

(b) School districts may only administer modifications to students with an IEP or 504 Plan and only in accordance with the assessment decision made by the student’s IEP or 504 team and documented in the IEP or 504 Plan. Before administering an assessment using a modification, a student’s IEP or 504 team must inform the student’s parent that the use of a modification on an assessment will result in an invalid assessment;

(6) Failure by a school district to comply with section (4) of this rule constitutes an impropriety as defined in section (1)(e) of this rule. DTCs must report all potential improprieties or irregularities to ODE within one business day of learning of the potential impropriety or irregularity in accordance with the reporting procedures contained in the Test Administration Manual.

(7) School districts must abide by ODE decisions regarding student assessment records, whether due to a test impropriety or any other circumstance bearing upon the validity of assessment results.

(8) School districts may only assess students using the alternate version of a statewide summative test if the student has an IEP indicating that the student requires alternate assessment.

(9) School districts must administer the state-adopted ELP summative test annually to all students eligible for English language development (ELD) services under the Elementary and Secondary Education Act (ESEA), regardless of whether an eligible student actually receives ELD services.

(10) Per federal requirements, administering institutions must administer a state-adopted ELP screener upon enrollment to students who would potentially meet the federal definition of an English Language Learner.

(11) The information gathering process at kindergarten is governed by OAR 581-022-2130.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 326.051, ORS 329.075 & ORS 329.078
Statutes/Other Implemented: ORS 329.075, ORS 329.485 & ORS 329.078
ODE 8-2026, amend filed 03/19/2026, effective 03/20/2026
ODE 52-2025, temporary amend filed 09/18/2025, effective 10/01/2025 through 03/29/2026
ODE 29-2025, amend filed 06/16/2025, effective 06/16/2025
Renumbered from 581-022-0610 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 26-2015, f. & cert. ef. 12-21-15
ODE 34-2014, f. & cert. ef. 6-24-14
ODE 7-2011, f. & cert. ef. 7-1-11
ODE 7-2010, f. & cert. ef. 5-27-10
ODE 12-2009, f. & cert. ef. 12-10-09
ODE 30-2008, f. 12-16-08, cert. ef. 12-19-08
ODE 16-2002, f. & cert. ef. 6-10-02
ODE 6-2002(Temp), f. & cert. ef. 2-15-02 thru 6-30-02
Reverted to 1EB 2-1985, f. 1-4-85, ef. 1-7-85
EB 14-1990(Temp), f. & cert. ef. 3-5-90
1EB 2-1985, f. 1-4-85, ef. 1-7-85

Or. Admin. R. 581-022-2110 Exception of Students with Disabilities from State Assessments

(1) For the purposes of this rule a "student with a disability" is a student identified under the Individuals with Disabilities Education Act, consistent with OAR chapter 581, division 015, or a student with a disability under Section 504 of the Rehabilitation Act of 1973.

(2) A public agency shall not exempt a student with a disability from participation in the Oregon State Assessment System or any district wide assessments to accommodate the student's disability unless the parent has requested such an exemption.

History

Statutory/Other Authority: ORS 326.051 & 343.045
Statutes/Other Implemented: ORS 329.485 & 659.850
Renumbered from 581-022-0612 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 25-2008, f. & cert. ef. 9-26-08
ODE 14-2002, f. & cert. ef. 5-15-02
ODE 3-2002(Temp), f. & cert. ef. 1-25-02 thru 6-30-02

Or. Admin. R. 581-022-2115 Assessment of Essential Skills

(1) Definitions. As used in this rule:

(a) “Assessment option” means an assessment approved to assess proficiency in the Essential Skills for the purpose of earning a high school diploma or a modified diploma.

(b) “Essential Skills” means process skills that cross academic disciplines and are embedded in the content standards. The skills are not content specific and can be applied in a variety of courses, subjects, and settings.

(c) “Local performance assessment” means a standardized measure (e.g., activity, exercise, problem, or work sample scored using an official state scoring guide), embedded in the school districts’ and public charter schools’ curriculum that evaluates the application of students’ knowledge and skills.

(d) “Official state scoring guide” means an evaluation tool designed for scoring student work that includes specific, consistent assessment criteria for student performance and a 1-6 point scale to help rate student work. It is used by Oregon teachers to evaluate student work samples.

(e) “Student-initiated test impropriety” means student conduct that:

(A) Is inconsistent with:

(i) The Test Administration Manual; or

(ii) Accompanying guidelines; or

(B) Results in a score that is invalid.

(f) “Work sample” means a representative sample of individual student work (e.g., research papers, statistical experiments, speaking presentations, theatrical performances, work experience) that may cover one or more content areas and therefore may be scored using one or more official state scoring guide(s). At the high school level, a work sample can be used to fulfill both the local performance assessment requirement described in Section 2 of this rule and the Essential Skills requirement described in Section 3 of this rule.

(2) School districts and public charter schools that offer grades 3 through 8 or high school shall administer local performance assessments for students in grades 3 through 8 and at least once in high school. For each skill area listed in section (17) of this rule, the assessments shall consist of:

(a) One work sample per grade scored using official state scoring guides; or

(b) Comparable measures adopted by the district.

(3) School districts and public charter schools shall require high school students to demonstrate proficiency in the Essential Skills using assessment options that are approved by the State Board of Education for the purpose of student eligibility for:

(a) The high school diploma as established in OAR 581-022-2000; or

(b) The modified diploma as established in OAR 581-022-2010.

(4) Pursuant to ORS 339.115 and 339.505, school districts and public charter schools shall provide any eligible student with instruction in and multiple assessment opportunities to demonstrate proficiency in the Essential Skills for the purpose of achieving the high school diploma or the modified diploma.

(5) To be eligible to receive a high school diploma or a modified diploma:

(a) For students first enrolled in grade 9 during the 2008-2009 school year, school districts and public charter schools shall require students to demonstrate proficiency in the Essential Skill listed in section (16)(a) of this rule: Read and comprehend a variety of text.

(b) For students first enrolled in grade 9 during the 2009-2010 school year, school districts and public charter schools shall require students to demonstrate proficiency in the Essential Skills listed in sections (16)(a)-(b) of this rule:

(A) Read and comprehend a variety of text; and

(B) Write clearly and accurately.

(c) For students first enrolled in grade 9 during the 2010-2011 school year, school districts and public charter schools shall require students to demonstrate proficiency in the Essential Skills listed in section (16)(a)–(c) of this rule:

(A) Read and comprehend a variety of text;

(B) Write clearly and accurately; and

(d) For students first enrolled in grade 9 during the 2011-2012 school year or first enrolled in grade 9 in any subsequent school year, school districts and public charter schools shall require students to demonstrate proficiency in the Essential Skills listed in Section 16(a)–(c) of this rule and any additional Essential Skills for which:

(A) The State Board of Education has adopted the determination to phase in for inclusion in the high school diploma and modified diploma requirements; and

(B) The State Board of Education has adopted assessment options by March 1 of the student’s 8th grade year.

(e) School districts and public charter schools may require students to demonstrate proficiency in additional Essential Skills beyond the minimum requirements described in section (5)(a)-(d) of this rule.

(6) The Superintendent of Public Instruction shall establish an Assessment of Essential Skills Review Panel (AESRP) to make recommendations on:

(a) The phasing in of Essential Skills for inclusion in the high school diploma and the modified diploma requirements;

(b) The adoption of assessment options to measure students’ proficiency in the approved Essential Skills for the purpose of the high school diploma or the modified diploma; and

(7) The AESRP shall work toward the goal of a system with a high degree of technical adequacy and equivalent rigor between assessment options as practicable.

(8) The AESRP shall base its recommendations on evidence provided by:

(a) School districts;

(b) Research organizations; and

(9) The AESRP shall consist of assessment experts from:

(a) School districts, including but not limited to:

(A) Superintendents;

(B) Principals;

(D) Educators;

(E) Special education educators; and

(F) English Language Learners (ELL) educators;

(b) Post-secondary education institutions; and

(A) Assessment design;

(B) Assessment administration; or

(10) The State Board of Education shall make the determination to adopt the AESRP’s recommended assessment options, and achievement standards for the purpose of conferring high school diplomas and modified diplomas. The determination of the State Board of Education will be final and not subject to appeal.

(11) The ODE shall issue the State Board of Education’s intentions regarding the AESRP’s recommendations by December 15 of each year and formal notice of the State Board of Education’s final determination regarding the AESRP’s recommendations by March 1 of each year as an addendum to the Test Administration Manual, which the ODE shall issue by August 1 of each year.

(12) School districts and public charter schools shall adhere to the requirements set forth in the Test Administration Manual to:

(a) Administer;

(b) Score;

(d) Document the district and school assessments of students’ proficiency in the Essential Skills required to receive a high school diploma or a modified diploma.

(13) School districts and public charter schools shall establish conduct and discipline policies addressing student-initiated test impropriety.

(14) School districts and public charter schools shall allow students to use assessment options and achievement standards adopted by the State Board of Education in a student’s ninth through twelfth grade years as follows:

(a) Students may demonstrate proficiency in the Essential Skills using assessment options adopted in their ninth through twelfth grade years.

(b) Students may use achievement standards adopted in their 9th through 12th grade years that are equal to or lower than the achievement standards approved as of March 1 of the students’ 8th grade year.

(15) Districts may develop and administer a local assessment option for students to demonstrate proficiency in the Essential Skills, using established professional and technical standards in place of the assessment options adopted by the State Board of Education as described in section 14 of this rule. Districts that choose this option are required to publish:

(a) A communication strategy to ensure stakeholders are notified of the district’s approach to the local assessment option; and

(b) Materials written in plain language that contain descriptions of the

(A) Purpose of the assessment;

(B) Scoring methodology;

(D) Criteria for determining student proficiency using the assessment; and

(E) Criteria for determining which students will have access to the assessment.

(16) The ODE shall publish the subset of Essential Skills assessment options and the associated performance levels which may be used by each of Oregon’s post-secondary institutions as defined by those institutions’ policies provided to the ODE by October 15 of each year.

(17) The Essential Skills identified by the State Board of Education as of July 1, 2008 are as follows:

(a) Read and comprehend a variety of text;

(b) Write clearly and accurately;

(d) Listen actively and speak clearly and coherently;

(e) Think critically and analytically;

(f) Use technology to learn, live, and work;

(g) Demonstrate civic and community engagement;

(h) Demonstrate global literacy; and

(i) Demonstrate personal management and teamwork skills.

(18) School districts and public charter schools shall include one or more local performance assessments for grades 3 through 8 and for high school for each of the following skill areas:

(a) Writing;

(b) Speaking;

(d) Scientific inquiry.

(19) School districts and public charter schools may include one social science analysis work sample that is administered in accordance with school district or public charter school policies as a local performance assessment for grades 3 through 8 and for high school.

(20) For students on an Individualized Education Plan (IEP) or 504 Plan, if a student’s IEP or 504 Team determines that the nature of a student’s disability prevents the student from demonstrating proficiency in an Essential Skill using any of the approved assessment options listed in the Test Administration Manual, the student’s IEP Team may exempt the student from the requirement as listed in the Test Administration Manual and determine an appropriate replacement assessment option for the student to use that addresses the Essential Skill in a manner that is consistent with:

(a) The student’s instructional plan; and

(b) The state assessment criteria adopted by the State Board of Education.

(21) For students seeking a modified diploma, school districts and public charter schools may modify the assessment options adopted by the State Board of Education when the following conditions are met:

(a) For students on IEP or 504 Plans:

(A) School districts and public charter schools must comply with all requirements established by the student’s IEP or 504 Plan when implementing modifications for work samples;

(B) School districts and public charter schools must comply with OAR 581-022-2100 section (4)(d) when implementing modifications for a statewide assessment.

(b) For students not on IEP or 504 Plans:

(A) School districts and public charter schools may only implement modifications for work samples that are consistent with the modifications the student has received during instruction in the content area to be assessed in the year in which the work sample is administered.

(B) School districts and public charter schools must obtain approval from the school team responsible for monitoring the student’s progress toward the modified diploma before implementing modifications for work samples.

(C) Consistent with OAR 581-022-2100, school districts and public charter schools may not implement modifications for statewide assessments for students who are not on an IEP or 504 Plan.

(22) The Essential Skills graduation requirements established by Sections 3, 4, and 5 of this rule are waived for students graduating through the 2027-28 school year.

History

Statutory/Other Authority: ORS 329.451, 338.025, 339.115 & 339.505
Statutes/Other Implemented: ORS 329.045, 329.075, 329.451, 329.485 & 338.115
ODE 21-2023, amend filed 10/23/2023, effective 10/24/2023
ODE 16-2022, amend filed 03/24/2022, effective 03/24/2022
ODE 12-2021, amend filed 04/21/2021, effective 04/21/2021
Renumbered from 581-022-0615 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 8-2011, f. & cert. ef. 7-1-11
ODE 19-2009, f. & cert. ef. 12-10-09
ODE 10-2009(Temp), f. & cert. ef. 9-1-09 thru 2-28-10
ODE 17-2008, f. & cert. ef. 6-27-08

Or. Admin. R. 581-022-2120 Essential Skill Assessments for English Language Learners

(1) Definitions. As used in this rule:

(a) “Assessment option” means an assessment approved to assess proficiency in the Essential Skills for the purpose of earning a high school diploma or a modified diploma.

(b) “English Language Learner” (ELL) means a student who meets the definition of “Limited English Proficient” found in Title IX, Part A, Section 9101.25 of the No Child Left Behind Act of 2001 (NCLB).

(c) “Essential Skills” means process skills that cross academic disciplines and are embedded in the content standards. The skills are not content specific and can be applied in a variety of courses, subjects, and settings.

(d) “Qualified Rater” means any individual who is:

(A) Trained to a high degree of proficiency in scoring the assessment administered to the student; and

(B) Endorsed by the school district or public charter school, consistent with local school board policy, as proficient in the student’s language of origin for the purposes of accurately scoring the student’s work in the student’s language of origin.

(2) Consistent with OAR 581-022-2115, school districts and public charter schools must adopt a policy whether to allow ELL students to demonstrate proficiency in all required Essential Skills in the students’ language of origin.

(3) If a school district or public charter school adopts a policy allowing ELL students to demonstrate proficiency in the Essential skills in the students’ language of origin under Sections 2 and 3 of this rule, that policy must include the following:

(a) Development of a procedure to provide assessment options as described in the Test Administration Manual in participating ELL students’ language of origin.

(b) Development of a procedure to ensure that locally scored assessment options administered in an ELL student’s language of origin are scored by a qualified rater.

(4) Consistent with section (22) of OAR 581-022-2115 Assessment of Essential Skills, the requirements established by sections (2) and (3) of this rule are waived through the end of the 2027-28 school year.

History

Statutory/Other Authority: ORS 329.075 & ORS 326.051
Statutes/Other Implemented: ORS 329.045, ORS 329.075 & ORS 329.485
ODE 35-2024, amend filed 06/14/2024, effective 06/14/2024
ODE 18-2019, amend filed 05/17/2019, effective 05/17/2019
ODE 10-2018, amend filed 04/03/2018, effective 04/03/2018
Renumbered from 581-022-0617 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 22-2016, f. & cert. ef. 3-22-16
ODE 18-2010, f. & cert. ef. 12-17-10

Or. Admin. R. 581-022-2130 Community-Informed Information Gathering Process at Kindergarten

(1)(a) The Department of Education shall implement a community-informed process at the kindergarten level as part of the statewide assessment system implemented pursuant to ORS 329.485. The process shall allow for information collection that will inform state level decisions about Oregon’s early education and child care programs and policies to improve quality and access to programs and promote relationship building among educators, children and families.

(b) Once the Department determines that the information gathering process is scalable statewide, school districts shall support families, students, and educators in participating for all students who are enrolled in kindergarten.

(2) The Department shall work jointly with the Department of Early Learning and Care and in partnership with Oregon community members to develop an anti-racist information gathering process. The process shall collect information in areas determined to be important to Oregon families and educators to inform the Early Childhood Education and Care Sector. The process will be appropriate for all children, including children with disabilities and multilingual learners.

(3) The Department shall work with the Oregon Longitudinal Data Collaborative to include results from the process in the statewide longitudinal data system, as applicable.

History

Statutory/Other Authority: ORS 326.051 & 329.485
Statutes/Other Implemented: ORS 329.485 & 2013 OL Ch. 37 & Sec. 14 (Enrolled HB 4165)
ODE 12-2023, amend filed 04/06/2023, effective 04/06/2023
ODE 11-2023, amend filed 03/31/2023, effective 03/31/2023
ODE 6-2023, amend filed 03/20/2023, effective 03/20/2023
ODE 12-2021, amend filed 04/21/2021, effective 04/21/2021
ODE 24-2020, temporary amend filed 05/28/2020, effective 05/28/2020 through 11/23/2020
ODE 34-2016, f. & cert. ef. 5-17-16
ODE 8-2013, f. & cert. ef. 4-5-13

Or. Admin. R. 581-022-2205 Policies on Reporting of Child Abuse

(1) Each school board shall adopt policies applicable to all school district employees, specifying that child abuse by school employees is not tolerated and that all school employees report suspected child abuse to a law enforcement agency, the Department of Human Services or a designee of the department as required by ORS 419B.010 and 419B.015 and report suspected child abuse to the employees’ supervisors or other persons designated by the school board.

(2) The policy must:

(a) Designate a person to receive reports of suspected child abuse by school employees and specify the procedures to be followed by that person upon receipt of a report;

(b) Require the posting in each school building of the name and contact information for the person designated for the school building to receive reports of suspected child abuse by school employees and the procedures the person will follow upon receipt of a report;

(c) Specify that the initiation of a report in good faith about suspected child abuse may not adversely affect any terms or conditions of employment or the work environment of the complainant;

(d) Specify that the school board or any school employee will not discipline a student for the initiation of a report in good faith about suspected child abuse by a school employee;

(e) Require notification by the school district to the person who initiated the report about actions taken by the school district based on the report;

(f) Require a written procedure for the reporting of child abuse by school employees in accordance with ORS 339.388; and

(g) Require a written procedure for providing annual training for:

(A) School employees each school year on the prevention and identification of child abuse and on the obligations of school employees under ORS 419B.005 to 419B.050 and under policies adopted by the school board to report child abuse;

(B) Parents and legal guardians of children who attend a school operated by the school board. The training shall be on the prevention and identification of child abuse and on the obligations of school employees under ORS 419B.005 to 419B.050. The training shall be provided separately from the training provided to school employees under paragraph (A) of this subsection.

(C) Children who attend a school operated by the education provider. The training shall be designed to prevent child abuse.

(3)(a) The school district shall maintain records of each reported incident of child abuse, action taken by the school district and any findings as a result of the report.

(b) A supervisor or other person designated by the school board in its policy who receives a report, shall follow the procedures required by the policy adopted by the school board under ORS 339.372 and this rule.

(c) Except as provided in paragraph (d) of this section, when a school district receives a report of suspected child abuse by one of its employees, and the school district determines that there is reasonable cause to support the report, the school district shall place the school employee on paid administrative leave until either:

(A) The Department of Human Services or a law enforcement agency determines that the report is unfounded or that the report will not be pursued; or

(B) The Department of Human Services or a law enforcement agency determines that the report is founded and the school district takes the appropriate disciplinary action against the school employee.

(d) If the Department of Human Services or a law enforcement agency is unable to determine, based on a report of suspected child abuse, whether child abuse occurred, an education provider may reinstate a school employee placed on paid administrative leave under paragraph (c) of this subsection or may take the appropriate disciplinary action against the employee.

(e)(A) Upon request from a law enforcement agency, the Department of Human Services or the Teacher Standards and Practices Commission, a school district shall provide the records of investigations of suspected child abuse by a school employee or former school employee.

(B) The disciplinary records of a school employee or former school employee convicted of a crime listed in ORS 342.143 are not exempt from disclosure under 192.501 or 192.502. If a school employee is convicted of a crime listed in 342.143, the school district that is the employer of the employee shall disclose the disciplinary records of the employee to any person upon request. If a former school employee is convicted of a crime listed in 342.143, the education provider that was the employer of the former employee when the crime was committed shall disclose the disciplinary records of the former employee to any person upon request.

(C) Prior to disclosure of a disciplinary record under this paragraph, the school district shall remove any personally identifiable information from the record that would disclose the identity of a child, a crime victim or a school employee or former school employee who is not the subject of the disciplinary record.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 339.370, 339.372, 339.388 & 339.377
ODE 26-2018, minor correction filed 09/19/2018, effective 09/19/2018
Renumbered from 581-022-0711 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 31-2008, f. 12-16-08, cert. ef. 12-19-08

Or. Admin. R. 581-022-2210 Anabolic Steroids and Performance Enhancing Substances

(1) As used in this rule:

(a) “Anabolic steroid” includes any drug or hormonal substance chemically or pharmacologically related to testosterone, all prohormones, including dehydroepiandrosterone and all substances listed in the Anabolic Steroid Control Act of 2004. “Anabolic steroid” does not include estrogens, progestins, corticosteroids and mineralocorticoids.

(b) “Performance-enhancing substance” means a manufactured product for oral ingestion, intranasal application or inhalation containing compounds that:

(A) Contain a stimulant, amino acid, hormone precursor, herb or other botanical or any other substance other than an essential vitamin or mineral; and

(B) Are intended to increase athletic performance, promote muscle growth, induce weight loss or increase an individual’s endurance or capacity for exercise.

(A) An administrator, teacher or other person employed by a school district;

(B) A person who volunteers for a school district; and

(2) Each school district shall:

(a) Utilize evidence-based programs such as the Oregon Health and Science University’s Athletes Training and Learning to Avoid Steroids (ATLAS) and Athletes Targeting Healthy Exercise and Nutrition Alternatives (ATHENA) for the reduction in anabolic steroid and performance-enhancing substance abuse by high school athletes.

(b) Ensure school district employees who are coaches or athletic directors receive training once every four years on identifying the components of anabolic steroids abuse and prevention strategies for the use of performance-enhancing substances.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 342.721 & 342.726
Renumbered from 581-022-0416 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 22-2008, f. 8-28-08, cert. ef. 8-29-08

Or. Admin. R. 581-022-2215 Safety of School Sports – Concussions

(1) As used in this rule:

(a) “Annual training” means once in a twelve month period.

(b) “Coach” means a person who instructs or trains members on a school athletic team and may be:

(A) A school district employee;

(B) A person who volunteers for a school district

(c) “Concussion” means exhibiting signs, symptoms or behaviors consistent with a concussion following an observed or suspected blow to the head or body.

(d) “Health care professional” means a medical doctor, osteopathic physician, psychologist, physician associate or nurse practitioner licensed or certified under the laws of this state.

(e) “Proper medical treatment” means treatment provided by a licensed healthcare professional which is within their scope of practice.

(f) “Return to participation” means a student can rejoin the athletic event or training.

(g) “Training timeline” means every coach receives the training prior to the beginning of the season for the school athletic team they are specifically coaching.

(h) “Same day” means the same calendar day on which the injury occurs.

(2) Each school district shall:

(a) Develop a list of coaches.

(b) Identify which community (may include state or national) resources the district will use to provide the training as required in section (3) of this rule.

(d) Ensure coaches receive training once every twelve months.

(e) Develop a tracking system to document that all coaches meet the training requirements of this rule.

(f) Ensure no coach allows a member of a school athletic team to participate in any athletic event or training on the same calendar day that the member:

(A) Exhibits signs, symptoms or behaviors consistent with a concussion following an observed or suspected blow to the head or body; or

(B) Has been diagnosed with a concussion.

(g) Except as provided by subsection (3) in this section ensure no coach will allow a student who is prohibited from participating in an athletic event or training, as described in section (2)(f), to return to participate in an athletic event or training no sooner than the day after the student experienced a blow to the head or body. The student may not return to participate in an athletic event or training until the following two conditions have been met:

(A) The student no longer exhibits signs, symptoms or behaviors consistent with a concussion; and

(B) The student receives a medical release form from a health care professional.

(3) A coach may allow a member of a school athletic team to participate in any athletic event or training at any time after an athletic trainer registered by the Board of Athletic Trainers determines that the member has not suffered a concussion. The athletic trainer may, but is not required to, consult with a healthcare professional in making the determination that the member has not suffered a concussion.

(4) The training required of coaches under this rules shall include the following:

(a) Training in how to recognize the signs and symptoms of a concussion;

(b) Training in strategies to reduce the risk of concussions;

(d) Training in determination of when the athlete may safely return to the event or training.

History

Statutory/Other Authority: ORS 336.485
Statutes/Other Implemented: ORS 336.485
ODE 13-2025, minor correction filed 03/13/2025, effective 03/13/2025
Renumbered from 581-022-0421 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 29-2015, f. & cert. ef. 12-22-15
ODE 2-2011, f. 1-31-11, cert. ef. 2-1-11
ODE 13-2010, f. & cert. ef. 6-30-10

Or. Admin. R. 581-022-2220 Health Services

(1) School districts, education service districts, and public charter schools shall develop, implement, and annually update a written prevention-oriented health services plan for all students. The plan must describe a health services program for all students at each facility that is owned or leased where students are present for regular programming. The health services plan will be created and maintained by the administration of each district and charter school serving students. Health services plans must include:

(a) Health care space that is appropriately supervised and adequately equipped for providing health care and administering medication or first aid.

(b) Communicable disease prevention and management plan that includes school-level protocols for:

(A) Notifying the local public health authority (LPHA) if absence due to illness threshold, as established by the Oregon Health Authority (OHA) or LPHA, of students and staff is attained.

(B) Exclusion of individuals consistent with OAR 333-019-0010, with a description of an isolation space that is appropriately supervised and adequately equipped and that can be used exclusively for the supervision and care of a sick child when a sick child is present in the school.

(D) Identifying, understanding and responding to the needs of students who are more likely to have severe disease outcomes or loss of access to education due to a communicable disease, and responding to those needs.

(E) Responding to the mental health impacts of a communicable disease outbreak in the school.

(F) Ensuring continuity of education for students who may miss school due to illness.

(A) Point of contact to facilitate communication, maintain healthy operations, and respond to communicable disease questions from schools, state or local public health authorities, state or local regulatory agencies, students, families and staff;

(B) Protocol to provide all staff and families with contact information for the point of contact; and

(C) Process to notify as soon as possible all families and other individuals if there has been a case of a restrictable disease as defined by OAR 333-019-0010 on the premises if advised by an LPHA or the OHA.

(d) Health screening information, including required immunizations and TB certificates, when required by ORS 433.260 and 431.110 and OAR 333-019-0010.

(e) Services for all students, including those who are medically complex, medically fragile or nursing dependent, and those who have approved 504 plans, individual education program plans, and individualized health care plans or special health care needs as required by ORS 336.201, 339.869, OAR 581-021-0037, 581-015-2040, 581-015-2045, and 851-045-0040 to 0060;. and 851-047-0010 to 0030.

(f) Integration of school health services with school health education programs and coordination with health and social service agencies, public and private.

(g) Hearing screening; and vision and dental screening as required by ORS 336.211 and 336.213.

(h) Process to assess and determine a student’s health services needs, including availability of a nurse to assess student nursing needs upon, during, and following enrollment with one or more new medical diagnose(s) impacting a student’s access to education, and implement the student’s individual health plan prior to attending as per 336.201.

(i) Compliance with OR-OSHA Bloodborne Pathogens Standards for all persons who are assigned to job tasks which may put them at risk for exposure to body fluids per OAR 437-002-0360.

(j) Policy and procedures for medications, as per ORS 339.866 to 339.874 and OAR 581-021-0037.

(k) Guidelines for the management of students who are medically complex, medically fragile, or nursing dependent as defined by ORS 336.201, including students with life-threatening food allergies and adrenal insufficiency while the student is in school, at a school-sponsored activity, under the supervision of school personnel, in before-school or after-school care programs on school-owned property, and in transit to or from school or school-sponsored activities. The guidelines must include:

(A) Standards for the education and training of school personnel to manage students with life threatening allergies or adrenal insufficiency;

(B) Procedures for responding to life-threatening medical conditions including allergic reactions or adrenal crisis;

(C) A process for the development of an individualized health care plan for every medically complex, medically fragile, nursing dependent student, including students with a known life-threatening allergy and an individualized health care plan for every student for whom the school district has been given proper notice of a diagnosis of adrenal insufficiency per OAR 581-021-0037;

(D) Protocols for preventing exposures to allergens; and

(E) A process for determining if or when a student may self-carry prescription medication when the student has not been approved to self-administer medication as allowed by 581-021-0037.

(2) School districts, education service districts, and charter schools shall ensure that nurses who provide health services to students are licensed to practice nursing by the Oregon State Board of Nursing (OSBN):

(a) School districts, education service districts, and charter schools may employ Licensed Practical Nurses (LPN) in alignment with LPN supervision requirements of OAR 851-045-0050 to 0060.

(b) Job descriptions and nursing delegation considerations shall reflect assignments complying with the Oregon State Board of Nursing Scope of Practice Administrative Rules for all levels of licensed providers, including standards for the evaluation and assessment of students, provision of services, medication administration, supervision of unlicensed staff and documentation of services provided per Division 47.

(c) School districts, education service districts, and charter schools that employ Registered Nurses who are not certified by the Teacher Standards and Practices Commission as school nurses, shall not designate such personnel as "school nurse" by job title.

(3) Each school shall have, at a minimum, at least one staff member with a current first aid/CPR/AED card for every 60 students enrolled, as set by ORS 339.345, and 342.664 and who are trained annually on the district and building emergency plans. Emergency planning will include the presence of at least one staff member with a current first aid/CPR/AED card for every 60 students for school-sponsored activities where students are present.

(4) Schools that contract or pay for health services must ensure services are comprehensive, medically accurate, and inclusive as defined by OAR 581-022-2050.

(5) Each school building must have a written plan for response to medical emergencies; such plan should be articulated with general emergency plans for buildings and districts as required by OAR 581-022-2225.

History

Statutory/Other Authority: ORS 326 & ORS 342
Statutes/Other Implemented: ORS 326.051
ODE 14-2023, amend filed 06/21/2023, effective 06/21/2023
Renumbered from 581-022-0705 by ODE 16-2017, f. & cert. ef. 7-5-17
EB 17-1996, f. & cert. ef. 11-1-96
EB 21-1988, f. & cert. ef. 4-26-88
1EB 12-1982, f. & cert. ef. 3-24-82
1EB 16-1981 (Temp), f. & cert. ef. 11-3-81
1EB 19-1980, f. 6-17-80, cert. ef. 9-1-80

Or. Admin. R. 581-022-2223 Healthy and Safe Schools Plan

(1) The following definitions apply to this rule:

(a) “Annual Statement” means a statement that complies with all requirements in ORS 332.334(2);

(b) “Department” means the Oregon Department of Education;

(d) “Education Service District” or “ESD” means an education service district as defined by ORS Chapter 334;

(e) “Electronic Communications Program” means a program or service that allows a School District, Public Charter School, Oregon School for the Deaf, or Education Service District to send out electronic communications and email to multiple recipients at once;

(f) “Facilities” means all buildings or properties owned or leased by a District, ESD, Oregon School for the Deaf, or Charter School where students or staff are present on a regular basis;

(g) “Final Test” means a First Draw Test that shows a lead level below the action level as stated in OAR 333-061-0400 and can either be an Initial Test or a Draw Test after remediation has been completed;

(h) “First Draw Test” means a test of a sample collected before any water is used from that tap on the day it is tested per OAR 333-061-0400(2);

(i) “Healthy and Safe Schools Plan” or “HASS Plan” means a plan that complies with all requirements in ORS 332.331;

(j) “Initial Test” means a First Draw Test that occurs before any remediation or other work is done on the fixture;

(k) “OHA” means the Oregon Health Authority;

(l) “OSD” means the Oregon School for the Deaf;

(m) “Public Charter School” or “Charter School” means a charter school as defined by ORS Chapter 338;

(n) “Required Fixtures” means all fixtures used for drinking or food preparation not specifically exempted per OAR 333-061-0400; and

(o) “Testing Cycle” means a six year cycle, as required per OAR 333-061-0400, in which School Districts, Education Service Districts, the Oregon School for the Deaf, and Public Charter Schools shall test all Required Fixtures in all Facilities for elevated levels of lead in water.

(2) The Department shall publish on its website, and send out via electronic means, a copy of the model HASS Plan for Districts, ESDs, OSD, and Charter Schools.

(3) The model HASS Plan shall:

(a) Contain language that Districts, ESDs, OSD, and Charter Schools may adopt in creating their HASS Plans;

(b) Contain all elements required under ORS 332.331; and

(c) Contain instructions to enable Districts, ESDs, OSD, and Charter Schools to complete their HASS Plans according to the model plan.

(4) Districts, ESDs, OSD, and Charter Schools shall submit an electronic copy of a draft HASS Plan to the Department.

(5) The draft HASS Plan submitted by Districts, ESDs, OSD, and Charter Schools, shall:

(a) Contain all requirements listed in ORS 332.331; and

(b) Provide a schedule of when the District, ESD, OSD, or Charter School will test Required Fixtures for each Facility based on the schedule set forth in the sections below.

(6) The Department shall review draft model plans and respond back to Districts, ESDs, OSD, and Charter Schools with approval or changes required to be made.

(7) The governing body of a District, ESD, OSD or Charter School shall adopt the final HASS Plan.

(8) Districts, ESDs, OSD, and Charter Schools must submit an electronic copy of their adopted HASS Plan to the Department within 30 days of adoption by the governing body.

(9) If a District, ESD, OSD, or Charter School has a change in Facilities, personnel, policies and procedures, or any other change which requires updating their HASS Plan, the District, ESD, OSD, or Charter School shall submit an electronic copy of the revised HASS Plan to the Department by June 1 of the school year in which the revisions occurred.

(10) The Department shall publish on its website and distribute an electronic copy of a model Annual Statement required by ORS 332.334 to Districts, ESDs, OSD, and Charter Schools.

(11) By June 1 of each year, Districts, ESDs, OSD, and Charter Schools shall submit an electronic copy of their Annual Statement to the Department and all others required by ORS 332.334.

(12) Districts, ESDs, OSD, and Charter Schools shall report the results of any required testing under ORS 332.331(3) as follows:

(a) Lead in water:

(A) Final Test results shall be made available on the District’s, ESD’s, OSD’s, or Charter School’s website; and

(B) Final Test results shall be:

(i) Emailed to staff, students, and parents of minor students by Districts, ESDs, OSD, and Charter Schools for those staff, students, or parents of minor students for which they have email addresses; or

(ii) Delivered to staff, students, and parents of minor students, by an electronic communications program by those Districts, ESDs, OSD, or Charter Schools that use an electronic communications program in place of an email list.

(b) Lead in paint testing results per the requirements under 40 C.F.R. 745;

(A) Results shall be made available on the District’s, ESD’s, OSD’s, or Charter School’s website; and

(B) Results shall be:

(d) Asbestos testing results per the requirements under 40 C.F.R. 763;

(e) Integrated pest management results per ORS 634.700 through ORS 634.750.

(13) Districts, ESDs, and Charter Schools may restrict communication of test results required under the HASS Plans to the staff, students, parents, and other community members affiliated with the building for which the test results are available.

(14) All Districts, ESDs, OSD, and Charter Schools shall test all Required Fixtures for elevated levels of lead per the procedures set forth in OAR 333-061-0400 every six years.

(15) All Districts, ESDs, OSD, and Charter Schools shall submit Initial Test and Final Test results to the Department by June 30 of the year in which they test per the schedule set forth in the sections below.

(16) The Department shall reimburse Districts, ESDs, OSD, and Charter Schools for the following costs for testing lead in water:

(a) Actual testing of water samples for elevated levels of lead, as evidenced by lab reports and invoices from an OHA accredited lab;

(b) Shipping costs to send samples to an OHA accredited lab, including mileage for transporting samples;

(d) Additional lab fees as approved by the Department; and

(e) An additional amount to be determined by the Department that:

(A) Provides as practical as possible an equal amount per sample across all tests; and

(B) Helps Districts, ESDs, OSD, and Charter Schools offset some of the costs of collecting the samples and associated administrative costs.

(17) The Department may reimburse Districts, ESDs, OSD, and Charter Schools for testing done on fixtures other than Required Fixtures. The additional reimbursement shall be at the discretion of the Department and the Department shall consider:

(a) Total available funds for reimbursement; and

(b) Total additional tests done.

(18) Districts, ESDs, and OSD shall use the following schedule for testing through the Testing Cycle:

(a) Districts with 1-3 schools within their district will test all Required Fixtures in the first school year of the Testing Cycle;

(b) Districts with 4-6 schools within their district will test all Required Fixtures in the second school year of the Testing Cycle;

(c) ESDs and the Oregon School for the Deaf will test all Required Fixtures in the third school year of the Testing Cycle;

(d) Districts with 7-8 schools within their district will test an equal portion of all Required Fixtures in the third and fourth school years of the Testing Cycle;

(e) Districts with 9-10 schools within their district will test an equal portion of all Required Fixtures in the fifth and sixth school years of the Testing Cycle;

(f) Districts with 11-15 schools within their district will test an equal portion of all Required Fixtures in the fourth, fifth, and sixth school years of the Testing Cycle;

(g) Districts with 16-19 schools within their district will test an equal portion of all Required Fixtures in the third, fourth, fifth, and sixth school years of the Testing Cycle; and

(h) Districts with 20 or more schools within their district will test an equal portion of all Required Fixtures in each school year of the Testing Cycle.

(19) Charter Schools will test all Required Fixtures according to the testing schedule for the District in which they are located.

(20) If a Charter School leases their building from a School District, the School District shall test that building as part of their regular testing schedule. The School District shall send the Final Test results to the Charter School and the Charter School shall post those results on their website.

(21) Districts and Charter Schools that have multiple years to test all Required Fixtures shall report in their HASS Plans which year each Facility will be tested.

(22) The six year cycle shall not be modified based on a District’s, ESD’s, OSD’s, or Charter School’s failure to test during their scheduled year. The six year cycle schedule will remain as stated in the sections above.

(23) If a District, ESD, OSD, or Charter School fails to complete testing in their required year or years, the District, ESD, OSD, or Charter School will complete all outstanding required testing as soon as possible.

(24) If a District, ESD, OSD, or Charter School needs to change their testing schedule, then they shall submit a proposed change to the Department.

(25) The Department shall review all proposed schedule changes submitted by Districts, ESDs, OSD, and Charter Schools. The Department may approve or reject District, ESD, OSD, or Charter School proposals to fit the needs of the overall testing program.

(26) The Department may determine a schedule for when Districts, ESDs, OSD, and Charter Schools must submit their reimbursement requests.

(27) The Department may require Districts, ESDs, OSD, and Charter Schools to report Final Test results and other data as determined by the Department using templates and forms developed by the Department.

History

Statutory/Other Authority: ORS 326.051, ORS 332.331 & ORS 332.334
Statutes/Other Implemented: ORS 332.331 & ORS 332.334
ODE 23-2026, amend filed 05/29/2026, effective 05/29/2026
ODE 12-2019, amend filed 04/22/2019, effective 04/22/2019
ODE 32-2018, amend filed 10/19/2018, effective 10/21/2018
ODE 42-2016, f. & cert. ef. 8-19-16

Or. Admin. R. 581-022-2225 Emergency Plans and Safety Programs

(1) Definitions. As used in this rule:

(a) “Evacuate” means a procedure used when students and employees need to move from one location to another.

(b) “Hold” means a procedure used to keep students and employees in classrooms while a disruption or minor emergency is resolved.

(d) “Secure” means a procedure used when a dangerous situation is outside and in close proximity to the building.

(e) “Shelter in place” is a procedure used to respond to and take protective actions based on an environmental hazard that may include an earthquake, tsunami or other natural or environmental danger.

(f) “Governing Body” means:

(A) A school district board as defined by ORS Chapter 332;

(B) A governing body of a charter school as stated in ORS Chapter 338; or

(C) A governing body of an Education Service District, or ESD, as stated in ORS Chapter 334, for buildings managed by the ESD with an average daily attendance of 50 or more students.

(g) “School Year” means the contiguous months of a year when students are present in school.

(2) The Governing Body shall maintain a comprehensive safety plan for all employees and students. A comprehensive safety plan shall include procedures identified in section (1) as well as plans for communicable disease management and responding to medical emergencies as required in OAR 581-022-2220.

(3) In buildings operated by the District, ESD or Public Charter School that are occupied by students, the District, ESD or Public Charter School must ensure that all students are instructed and have drills on emergency procedures in compliance with ORS 339.408. The emergency procedures shall include:

(a) Drills and instructions on fires conducted at least once a month;

(b) Drills and instructions on earthquakes conducted at least twice per School Year;

(c) For buildings occupied by students that are in a tsunami hazard zone, drills and instructions on earthquakes, including tsunami drills, conducted at least three times per School Year; and

(d) Drills and instructions conducted at least once per School Year on safety threat procedures related to:

(A) Lockdown;

(B) Secure;

(D) Shelter in Place;

(E) Evacuation; and,

(F) Other appropriate actions to take when there is a threat to safety.

(4) Governing Body shall review their comprehensive safety plan and security policies for compliance with this rule every two years.

(5)(a) During review of the comprehensive safety plan and security policies, Governing Body shall also consider the installation of emergency alert systems that:

(A) Include wireless alert capabilities;

(B) Are capable of communicating in real time with local emergency response agencies; and

(b) A Governing Body that already has an emergency alert system installed in their school facilities are exempt from the requirement to consider the installation of an emergency alert system.

(c) A Governing Body that does not have an emergency alert system installed in their school facilities will need to note their discussion for consideration of an emergency alert system in their meeting minutes during their review of their comprehensive safety plan and security policies.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 339.405 & ORS 339.408
ODE 22-2026, amend filed 05/29/2026, effective 05/29/2026
Renumbered from 581-022-1420 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 28-2015, f. & cert. ef. 12-22-15
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2230 Asbestos Management Plans

(1) The statutory authority for this rule is the Asbestos Hazard Emergency Response Act of 1986 as amended by Public Law 100.368 and subsequent rule published in the Friday, October 30, 1987, Federal Register (40 CFR Part 763).

(2) Any public and private school that acquires or leases a school building after October 12, 1988 shall submit an Asbestos Management Plan to the Department of Education prior to occupancy.

(3) The Management Plan shall include all the elements contained in 40 CFR §763.93(e).

(4) General local education agency responsibilities (as stated in 40 CFR §763.84). Each local education agency shall:

(a) Ensure that the activities of any persons who perform inspections, reinspections, and periodic surveillance, develop and update management plans, and develop and implement response actions, including operations and maintenance, are carried out in accordance with Subpart E (40 CFR 763);

(b) Ensure that all custodial and maintenance employees are properly trained as required by Subpart E (40 CFR 763) and other applicable federal and/or state regulations (e.g., the Occupational Safety and Health Administration asbestos standard for construction, the EPA worker protection rule);

(c) Ensure that workers and building occupants, or their legal guardians, are informed at least once each school year about inspections, response actions, and post-response action activities, including periodic reinspection and surveillance activities that are planned or in progress; or

(d) Ensure that short-term workers (e.g., telephone repair workers, utility workers, or exterminators) who may come in contact with asbestos in a school are provided information regarding the locations of Asbestos Containing Building Material (ACBM) and suspected ACBM assumed to be Asbestos Containing Material (ACM);

(e) Ensure that warning labels are posted in accordance with §763.95;

(f) Ensure that management plans are available for inspection and notification of such availability has been provided as specified in the management plan under §763.93(g);

(g)(A) Designate a person to ensure that requirements of this section are properly implemented; and

(B) Ensure that the designated person receives adequate training to perform duties assigned under this section. Such training shall provide, as necessary, basic knowledge of:

(i) Health effects of asbestos;

(ii) Detection, identification, and assessment of ACM;

(iii) Options of controlling ACBM;

(iv) Asbestos management programs;

(v) Relevant federal and state regulations concerning asbestos, including those in Subpart E (40 CFR 763) and those of the Occupational Safety and Health Administration, U. S. Department of Labor, the U. S. Department of Transportation and the U. S. Environmental Protection Agency.

(h) Consider whether any conflict of interest may arise from the interrelationships among accredited personnel and whether that should influence the selection of accredited personnel to perform activities under this subpart.

History

Statutory/Other Authority: ORS 363 & PL 100.368
Statutes/Other Implemented: 40 CFR Part 763
Renumbered from 581-022-1430 by ODE 16-2017, f. & cert. ef. 7-5-17
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2250 District Improvement Plans

(1) For the purposes of OAR 581-022-2250 the following definitions apply:

(a) “Aligned with standards” means that the taught curriculum (what teachers teach), the learned curriculum (what students learn), and the assessed curriculum (what students are tested on) as identified through state and national academic standards do not deviate significantly one from another. This alignment includes four components:

(A) Content match — topical coverage, or comprehensiveness and level of detail

(B) Depth match — level of difficulty, or cognitive complexity

(D) Performance match — the type of performance required to demonstrate proficiency of the standard

(b) “Data-driven” means the use of information available from a high quality data system to focus decisions regarding curriculum, instruction, staff assignment, and staff development to promote student achievement through a planned, systemic program improvement effort.

(c) “Family and community engagement” means a system of shared responsibility in which schools and other community agencies and organizations are committed to engaging families in meaningful and culturally respectful ways while families are committed to actively supporting their children’s learning and development.

(d) “High quality data system” means a method by which teachers and administrators have access to data needed for instructional and administrative decision-making, one that makes available to the public appropriate data content and displays and provides for regular updates to the data, maintenance and upgrading of the system, and training for key personnel on use and maintenance. The collection and use of data in such a system would include district-, school-, and student-level data describing but not limited to:

(A) Instruction;

(B) Accountability;

(D) Achievement; and

(E) Assessment.

(e) “High quality instructional programs“ means that teachers teach knowledge and skills through the use of an appropriate variety of instructional strategies reflecting best practice and based on state/national standards and assessments that effectively measure what the standards require. Such instruction is not universal but is situational based on instructional context.

(f) “Long-term professional development plans” means teacher training reflecting best practice as defined by national standards related to content, process, and context. Such training supports:

(A) Continuing advancement of professional collaboration;

(B) Ongoing, job-embedded experiences,

(D) Continual, guided reflection on school/student data a part of professional learning.

(g) “Rigorous curriculum” means multiple courses of study any one of which will prepare students to successfully meet the Oregon diploma requirements. These courses are cognitively demanding and challenging to students as those students apply the fundamental concepts and skills from various disciplines to real world problems in complex and open ended situations.

(h) “Safe educational environment” means a healthy, positive school climate free of drug use, gangs, violence, intimidation, fear, and shaming, ensuring the physical and emotional well-being and academic and social growth of every student.

(i) “Service plans for students” means a system of planned services outlining student educational activities, supporting students in meeting expectations for one or more content areas and continuing to academically challenge students who have exceeded expectations in one or more content areas.

(j) “Short-term professional development plans“ means a component of a long term professional development plan with a direct connection with one or more of the following–individual continuing professional development plans; board, district or school goals; state certification criteria; or other regulatory mandates. Such plans may be responsive to emerging needs not yet addressed in long-term professional development plans.

(k) “Staff leadership development” means practices, policies, and procedures that create shared leadership opportunities and empower teacher participation in setting and achieving school goals and policies.

(l) “Strong school library program” means a planned effort to ensure the instruction of students, school staff, and the broader learning community in library skills, information literacy, and educational technology; such a program promotes a rich array of literacy experiences supporting life-long reading; facilitates collaboration in lesson planning and instruction; ensures equitable access to library resources and licensed school librarians; and develops and manages current, plentiful, and diverse library collections of print and electronic resources that support classroom curricula and student interests.

(2) Each school district shall conduct self-evaluations in order to develop and update their local district continuous improvement plans once every four years. Except as provided in subsection (3) of this rule, the department may not require school districts or schools to conduct self-evaluations or to update their local district continuous improvement plans more frequently than biennially.

(3) Each school district shall:

(a) Submit its local district continuous improvement plan to the Department of Education once every four years unless there are substantial changes.

(b) Notify the Department and update its local district continuous improvement plan when there has been a substantial change.

(A) School or district improvement status under state or federal law;

(B) Student academic achievement;

(D) Instructional staffing (either counts of personnel or changes in individual staff);

(E) Financial resources available to the district; or

(F) The district’s goals for student achievement.

(4) The self-evaluation process shall involve the public in the setting of local goals. The school district shall ensure that representatives from the demographic groups of their school population are invited to participate in the development of local district continuous improvement plans to achieve the goals.

(5) As part of setting local goals, school districts shall undertake a communications process that involves parents, students, teachers, school employees and community representatives to explain and discuss the local goals and their relationship to programs in the continuous improvement plan.

(6) At the request of the school district, department staff shall provide ongoing technical assistance in the development and implementation of the local district continuous improvement plan.

(7) The local district continuous improvement plan shall include:

(a) A rigorous curriculum aligned with state standards;

(b) High-quality instructional programs;

(d) Programs and policies to achieve a safe educational environment;

(e) A plan for family and community engagement;

(f) Staff leadership development;

(g) High-quality data systems;

(h) Improvement planning that is data-driven;

(i) Education service plans for students who have or have not exceeded all of the academic content standards;

(j) A strong school library program;

(k) A review of demographics, student performance, staff characteristics and student access to, and use of, educational opportunities; and

(l) District efforts to achieve local efficiencies and efforts to make better use of resources.

(8) Each school district shall annually review and report test results and progress on the district improvement plan to the community.

(9) Each school district shall maintain copies of the school and district improvement plans as a public record.

(10) Each school district shall submit the district improvement plan to the Department of Education when requested.

History

Statutory/Other Authority: ORS 326.051 & 329.095
Statutes/Other Implemented: ORS 326.051 & 329.095
ODE 23-2022, amend filed 04/27/2022, effective 04/27/2022
Renumbered from 581-022-0606 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 38-2013, f. & cert. ef. 12-18-13
ODE 25-2008, f. & cert. ef. 9-26-08
EB 15-1996, f. & cert. ef. 9-26-96
EB 38-1990, f. & cert. ef. 7-10-90
1EB 21-1986, f. & cert. ef. 7-2-86
1EB 26-1980, f. 11-7-80, cert. ef. 9-1-81
1EB 19-1980, f. 6-17-80, cert. ef. 7-1-80

Or. Admin. R. 581-022-2255 School and District Performance Report Criteria

(1) The Superintendent of Public Instruction will annually collect data and produce annual school district and school performance reports to provide information to parents and to improve schools.

(2) The Superintendent will notify the public and the media by December 15 of each year that school and district performance reports are available at each school and school district and at the Department of Education website and office.

(3) Each school and school district report shall contain the information required by this rule. By January 15 of each year, school districts shall make a copy of the state provided school and school district performance report available to the parent(s) or guardian(s) of each child enrolled in a public school in the school district by doing one or more of the following:

(a) Mailing a copy;

(b) Electronically sending a copy; or

(c) Providing a link to a state or district web site containing the reports and also making copies available in local schools, libraries, parents centers, community centers, or other public locations easily accessible to parents and others.

(4) School performance reports will include ratings assigned by the Superintendent School ratings shall be reported in terms of five levels.

(5) The school rating system will be based upon the following indicators:

(a) Achievement in reading and mathematics.

(b) Growth in reading and mathematics.

(d) Student participation rates in reading and mathematics.

(6) In addition to the indicators listed in subsection (5) of this section, for schools that are high schools or that offer grades 9, 10, 11 or 12 as part of the schools the rating system will also include the following indicators:

(a) Graduation rates for all students.

(b) Graduation rate for underserved subgroups.

(7) School performance reports may include information other than that listed in ORS 329.105 or sections (4), (5) and (6)of this rule. Such information will not be part of the calculation of the school rating.

(8) School district performance reports will be developed and must include the overall rating of each school in the district. The district performance report may include information other than that listed in ORS 329.105 or section (4) or this rule.

(9) School and school districts may include information in addition to that listed in ORS 329.105 or sections (4) and (5) of this rule in their locally prepared and distributed school and school district performance reports.

(10) School and school district performance reports, in conjunction with electronic supplements of the performance reports, will serve as the means by which the state meets the report card requirements of section 1111 of the Elementary and Secondary Education Act of 1965 (ESEA).

(11) The Superintendent shall produce a Policy and Technical Manual to provide school districts and schools with details of the data elements and calculations used the district and school performance reports. The Superintendent shall make the manual available to districts and schools.

History

Statutory/Other Authority: ORS 326.051 & 329.075
Statutes/Other Implemented: ORS 329.105
Renumbered from 581-022-1060 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 13-2013, f. & cert. ef. 7-11-13
ODE 17-2011, f. 12-15-11, cert. ef. 1-1-12
ODE 4-2009, f. & cert. ef. 6-29-09
ODE 25-2008, f. & cert. ef. 9-26-08
ODE 5-2007, f. & cert. ef. 2-21-07
ODE 36-1999, f. 12-13-99, cert. ef. 12-14-99

Or. Admin. R. 581-022-2260 Records and Reports

(1) Required Records and Reports: The school district shall provide all records and reports required by the Oregon Department of Education.

(2) Student Activity Funds: The school district shall prescribe the purposes for which student activity funds may be obtained and used and the role of students in management and expenditure of funds.

(3) Education Records of Students: The school district shall maintain education records of students according to the provisions of OARs 581-021-0210 through 581-021-0440.

(4) ESD Annual Report: Pursuant to the requirements and review schedule as set out in OAR 581-024-0228 and ORS 334.125 (9), all school districts shall cooperate with their education service district in:

(a) Annually reviewing specific school district operations for purposes of achieving economies and efficiencies; and

(b) Preparing and submitting an annual report concerning the results of the annual review to the State Board of Education.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 334.125(9)
Renumbered from 581-022-1660 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 3-1999, f. & cert. ef. 1-12-99
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2263 Physical Education Requirements

(1) For purposes of this section, “district” means a school district, education service district, or public charter school.

(2)(a) Every public school student in kindergarten through grade five, and every public school student in grade six at a school that teachers kindergarten through grade six, shall participate in physical education for the entire school year for at least 150 minutes during each school week, or at least 120 minutes during each school week if the school on average holds classes four days a week over the course of the school year.

(b) Except as provided by paragraph (a) of this subsection, every public school student in grades six through eight shall participate in physical education for at least an average of 150 minutes during each school week, as calculated over the duration of a school year, or at least an average of 120 minutes during each school week, as calculated over the duration of a school year, if the school on average holds classes four days a week over the course of the school year.

(c) Notwithstanding the time requirements of paragraphs (a) and (b) of this subsection, districts may reduce physical education minutes by a percentage that correlates to the percentage of minutes that the school did not provide instruction during school weeks when there were: (A) scheduled school closures, including closures for holidays, inservice days and days scheduled for parent-teacher conferences; (B) unscheduled school closures, including closures for inclement weather and emergencies; (C) out-of-school activities that occur during usual school hours, including field trips and outdoor school programs.

(d) Notwithstanding the time requirements of paragraphs (a) and (b) of this subsection, if a district receives a waiver pursuant to OAR 581-022-2320 of the requirement to provide a minimum of 900 hours of instructional time annually for kindergarten through grade eight, the time requirements of paragraphs (a) and (b) of this subsection may be reduced by the percentage of the time requirements specified in paragraphs (a) and (b) of this subsection that correlates to the percentage of instructional time for which the district receives the waiver.

(3) Districts must comply with the requirements of ORS 329.496.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 329.496 & 2017 OL Ch. 301 Sec. 2
ODE 7-2024, amend filed 02/16/2024, effective 02/16/2024
ODE 16-2019, adopt filed 05/17/2019, effective 05/17/2019

Or. Admin. R. 581-022-2265 Report on PE Data

(1) The following definitions apply to this rule:

(a) "Additional facilities" means the added space to the school needed to provide the minimum number of minutes of physical education instruction per week.

(b) "Physical capacity" means the space, indoors and out, available at the school to provide the prescribed number of minutes at a class size that promotes effective practices consistent with the outcomes expected of the instructional programs.

(2) Districts shall submit to the Department of Education:

(a) The number of minutes of physical education instruction that are actually provided to all students in kindergarten through grade 8 in each public school within the district, as calculated on a weekly basis or an average weekly basis as prescribed by ORS 329.496;

(b) The physical capacity of public schools to provide students in kindergarten through grade 5 with at least 150 minutes of physical education during each school week and to provide students in grades 6 through 8 with at least an average of 150 minutes during each school week as calculated over the duration of a school year; and

(c) The additional facilities required by public schools to provide physical education to students for the minimum number of minutes as described in paragraph (b) of this subsection.

(3) Districts shall submit the data described in paragraph (2) of this section:

(a) Annually, for data described in paragraph (2)(a) of this section.

(b) Whenever a public school increases or decreases the school’s physical capacity to provide students with physical education, for data described in paragraph (2)(b) and (c) of this paragraph.

(4) Prior to February 1 of each odd-numbered year, the Department shall report to the Legislative Assembly on the data collected under this rule for the prior two school years.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 329.498
ODE 7-2024, amend filed 02/16/2024, effective 02/16/2024
Renumbered from 581-022-1661 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 42-2014, f. & cert. ef. 12-4-14
ODE 30-2007, f. & cert. ef. 12-12-07

Or. Admin. R. 581-022-2267 Annual Report on use of Restraint and Seclusion

(1) Each entity that has jurisdiction over a public education program must prepare and submit an annual report detailing the use of restraint and seclusion for the preceding school year to the Oregon Department of Education. The annual report shall include, at a minimum:

(a) The total number of incidents involving restraint;

(b) The total number of students placed in restraint;

(d) The total number of students placed in seclusion;

(e) The total number of seclusions in a locked room;

(f) The total number of seclusion rooms available, including a description of the dimensions and design of the rooms;

(g) The total number of incidents that resulted in injuries or death to students or personnel as a result of the use of restraint or seclusion;

(h) The number of students who were placed in restraint or seclusion more than 10 times in the course of a school year and an explanation of what steps have been taken by the public education program to decrease the use of restraint and seclusion for each student;

(i) The number of incidents in which the personnel of the public education program administering restraint or seclusion were not trained; and

(j) The demographic characteristics of all students upon whom restraint or seclusion was imposed, including race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, unless the demographic information would reveal personally identifiable information about an individual student.

(2)(a) Each entity that has jurisdiction over a public education program shall make its annual report about restraint and seclusion available to:

(A) The public at the entity's main office and the website of the entity;

(B) The school board or governing body overseeing the entity;

(C) If the entity is an education service district, the component school districts of the education service district; and

(D) If the entity is a public charter school, the sponsor of the public charter school.

(b) Parents and guardians of students in a public education program shall be advised at least once each school year about how to access the report.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 339.285 - 339.303
ODE 145-2019, adopt filed 10/24/2019, effective 10/24/2019

Or. Admin. R. 581-022-2270 Individual Student Assessment, Recordkeeping and Reporting

(1) As used in this rule:

(a) “Continuum of knowledge and skills” means the Oregon Academic Content Standards.

(b) “Proficiency” means demonstrated knowledge and skills which meet or exceed defined levels of performance.

(2) Each school district shall assess and record each student's progress and achievement in all subject areas of instruction and to academic content standards consistent with ORS 329.045 and OAR 581-022-2030:

(a) At a minimum, provide all teachers of reading/language arts and mathematics in grades in which the State administers assessments in those subjects with student performance data, including growth data on their current students and students they taught in the previous year in a manner that is timely and informs instructional programs.

(b) Instruments and/or strategies used to determine student progress may assess multiple standards;

(d) Records of student performance may be kept in teacher grade books, student folders, portfolios, or similar devices.

(3) Each school district shall assist teachers in adapting instruction and curriculum to meet the needs and learning rates of all students in achieving proficiency in the academic content standards. Districts must:

(a) Provide multiple opportunities for students to demonstrate mastery of academic content standards through sufficient and appropriate assessment evidence.

(b) Continue to provide opportunities for students who have met standards to advance their learning.

(c) Provide students who have not met or have exceeded the academic content standards with access to additional services and other public school or alternative educational options.

(4) Each school district shall annually report progress towards completion of diploma requirements to parents of students in grades 9–12, including credits earned, demonstration of extended application, and demonstration of the Essential Skills.

(5) Each school district shall adopt a grading system based on the local district board adopted course content aligned to the academic content standards consistent with Section (2) of this rule. The grading system shall:

(a) Clearly show the student and parents whether the student is achieving course requirements at the student’s current grade level;

(b) Be based on the student’s progress toward becoming proficient in a continiuum of knowledge and skills; and

(c) Assure that the student’s academic grade reflects his/her academic performance consistent with OAR 581-021-0022; behavioral performance shall be reported separately.

(6) Each school district shall report at least annually on student progress to meeting or exceeding grade-level academic content standards to parents or guardians of all students in grades K–12 including, but not limited to, the following:

(a) Information on progress in each subject area (e.g., grades, checklists, folders, etc.) including major goals used to determine such information;

(b) Upon request from a parent or guardian, specific evidence of student progress on the continuum of knowledge and skills (academic content standards) of a subject area and

(c) Student scores on all state and local assessments indicating any of the requirements that have been waived for the school district or the individual and the time periods for the waiver.

(7) Each school district shall maintain student records under the student's legal name and SSID or establish a cross-reference system to locate the student's records by use of the student's legal name, for time periods consistent with state archive rules as outlined in OAR 166-400-0060.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
Renumbered from 581-022-1670 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 7-2013, f. & cert. ef. 2-20-13
ODE 25-2008, f. & cert. ef. 9-26-08
ODE 18-2002, f. & cert. ef. 6-10-02
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2300 Standardization

(1) A school district, to be standard, must provide acceptable educational opportunities for all Oregon students who reside in the district regardless of where they live in the district.

(2) Local school districts shall cooperate with procedures to verify compliance with state standards, to collect information about schools, to identify exemplary performance, and to promote school improvement.

(3) Methods of verifying compliance and identifying practices or conditions needing improvement shall include:

(a) Assurances of the district school board designated chief administrative officer;

(b) Review of district materials through Department of Education desk audit;

(d) Other methods selected by the Superintendent of Public Instruction.

(3) The Superintendent or a designee of the superintendent shall declare a school district as “Nonstandard” as defined in OAR 581-022-0102, after verification through the methods described in section (2) of this rule.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051 & ORS 327.158
ODE 42-2026, minor correction filed 07/23/2026, effective 07/23/2026
Renumbered from 581-022-0807 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 25-2008, f. & cert. ef. 9-26-08
1EB 3-1985, f. 1-4-85, ef. 1-7-85

Or. Admin. R. 581-022-2305 District Assurances of Compliance with Public School Standards

(1) Districts must comply with the state standards set forth in OAR chapter 581, division 22.

(2) Districts must maintain evidence of compliance with the state standards and make such evidence available upon request.

(3) Districts must report compliance for the preceding school year with all state standards set forth in OAR chapter 581, division 22:

(a) To the community on or before November 1, by presenting the report to the school board of the district in an oral presentation at an open public meeting, allowing for public comment, and by posting the report on the district’s webpage. Districts must use the report form provided by the Department; and

(b) To the Department of Education on or before November 15 on a form to be provided by the Department.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 17-2021, amend filed 05/25/2021, effective 05/25/2021
ODE 22-2017, amend filed 11/29/2017, effective 11/30/2017
Renumbered from 581-022-1610 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 46-2014, f. & cert. ef. 12-17-14
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2307 Educational Equity Advisory Committees

(1) The following definitions apply to Oregon Administrative Rule 581-022-2307:

(a) "Parent" means one or more of the following persons:

(A) A biological or adoptive parent of a student;

(B) A foster parent of a student;

(D) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom a student lives, or an individual who is legally responsible for a child's welfare; or

(E) A surrogate parent who has been appointed in accordance with OAR 581-015-2320, for school-age children, or 581-015-2760 for preschool children.

(b) “Student” means a school-aged individual.

(A) A representative of a community-based organization that serves the local community;

(B) A representative of a culturally specific organization that serves the local community;

(C) A representative of an organization that regularly partners with the school district to network resources and assist students in meeting state and local standards, and prepare students for post high school transitions; or

(D) A resident of the local community capable of representing underserved community voices.

(d) “Underrepresented” refers to communities, groups, families and students that due to systemic barriers and intersectional oppression have been excluded from or have limited proportionate access to the dominant or mainstream educational system despite efforts to participate. This includes students of color, tribal students, English language learners, LGBTQ2SIA+ students, students experiencing and surviving poverty and houselessness, students with disabilities, women/girls, and students from rural communities.

(e) “Underserved” refers to communities, groups, families and students that the dominant or mainstream educational system has historically and currently excluded, impacted, marginalized, underserved and/or refused service due to institutionalized and intersectional racism and systemic oppression. This includes students of color, tribal students, English language learners, LGBTQ2SIA+ students, students experiencing and surviving poverty and houselessness, students with disabilities, women/girls, and students from rural communities.

(2) There shall be established at each school district an educational equity advisory committee.

(3)(a) An educational equity advisory committee shall be selected by the school district superintendent and must be composed of parents, employees, students and community members from the school district.

(b) The school district superintendent is responsible for coordinating the member nomination process and appointing members, ensuring that membership is primarily representative of underserved student groups.

(A) May not deny members based on language;

(B) May not deny members based on immigration status;

(C) May not deny members based on protected class, including age, disability, national origin, race, color, marital status, religion, sex, sexual orientation, or gender identity;

(D) May not appoint a voting member of the school board or themself to an educational equity advisory committee; and

(E) Must ensure that the composition of an educational equity advisory committee elevates underrepresented parent, employee, student, and community member voices.

(d) The school district superintendent, in consultation with the educational equity advisory committee, shall fill vacancies on the committee in the same manner as original appointments.

(e) The school district board, in consultation with the superintendent, must select at least one member of the educational equity advisory committee to serve on the school district budget committee. A budget committee is not required to include a member of the educational equity advisory committee of the school district until a vacancy on the budget committee occurs by a member who is not also a member of the school district board.

(f) Each school district, in consultation with the educational equity advisory committee, is required to provide sufficient support to educational equity advisory committee members to participate in meetings, including, but not limited to, access to district-managed emails, translation and interpretation services, and relevant public meeting and security trainings.

(4) The duties of an educational equity advisory committee shall include:

(a) Advising the school district superintendent about the educational equity impacts of policy decisions; and

(b) Informing the school district superintendent of the larger district-wide climate and the experiences of underserved student groups, and advising the superintendent on how best to support. Examples include but are not limited to:

(A) Informing the school district superintendent when a situation arises in a school of the school district that negatively impacts underrepresented students, and advising the superintendent on how best to handle that situation.

(B) Informing the school district superintendent when a situation arises in a school of the school district that positively impacts underrepresented students, and advising the superintendent on how best to replicate within the district.

(C) Considering whether such situations are unique to the school or indicative of a district-wide trend, and advising on how best to handle that trend.

(5) In addition to the duties outlined in section (4) of this rule, an educational equity advisory committee may:

(a) Consider topics that the educational equity advisory committee deems critical to its ability to represent and elevate educational equity impacts to student experience in the district.

(b) Consider topics submitted by the school district board and school district superintendent.

(c) Select a single member to serve as an advisor to the school district superintendent, for the purpose of providing updates and acting as a liaison between the educational equity advisory committee and the district.

(d) Prepare an annual report that:

(A) Includes, but is not limited to the following information:

(i) The successes and challenges the school district has experienced in meeting the educational equity needs of students in the school district; and

(ii) Recommendations the committee made to the school district superintendent, and the actions that were taken in response to those recommendations;

(B) Is shared with the school district board:

(i) By the school district superintendent; and

(ii) If requested by the school district board, as a presentation by the committee or committee representative at a school district board meeting.

(i) Distributed to the parents of the students of the school district;

(ii) Posted on the school district’s website; and

(iii) Sent to the State Board of Education.

(6) The Oregon Department of Education shall review all submitted reports and annually prepare a summary for the State Board of Education. Members of the State Board of Education shall have access to all submitted reports.

History

Statutory/Other Authority: ORS 329.711 & HB 2453 (2025)
Statutes/Other Implemented: ORS 329.711 & HB 2453 (2025)
ODE 11-2026, amend filed 03/27/2026, effective 03/27/2026
ODE 53-2025, temporary amend filed 09/18/2025, effective 10/01/2025 through 03/29/2026
ODE 39-2022, adopt filed 06/24/2022, effective 06/24/2022

Or. Admin. R. 581-022-2308 Agreements Entered Into with Voluntary Organizations

(1) For purposes of this rule:

(a) “Discrimination” means any act that unreasonably differentiates treatment, intended or unintended, or any act that is fair in form but discriminatory in operation, either of which is based on age, disability, national origin, race, color, marital status, religion, sex, sexual orientation, or gender identity;

(b) “District” means:

(A) A school district, an education service district, a Youth Corrections Education Program provider under contract with the department, a Juvenile Detention Education Program provider under contract with the department, or a program that receives moneys pursuant to ORS 343.243; and

(B) Any educational agency, program, or service under contract or the jurisdiction of an entity described in subparagraph (A) of this paragraph.

(A) An individual’s or individual’s parent’s or guardian’s place of origin;

(B) Latinx and other protected class ethnicities;

(E) An individual whose first spoken language is not English or who is not proficient in speaking English, or who is under the custody of a parent or guardian whose first spoken language is not English or who is not proficient in speaking English.

(d) “Protective hairstyle” means a hairstyle, hair color, or manner of wearing hair that includes, but is not limited to, locs, twists, and braids, regardless of whether the braids are created with extensions or styled with adornments.

(e) “Race” includes:

(A) Black, African American, American Indian, Alaska Native, Asian, Native Hawaiian, Pacific Islander, other protected class races, and multiracial individuals; and

(B) Physical characteristics that are historically associated with race, that includes, but is not limited to, any natural hair, hair texture, hair type, or protective hairstyle associated with race.

(f) “Sexual orientation” means an individual’s actual or perceived heterosexuality, homosexuality, or bisexuality.

(g) “Gender identity” means an individual’s gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth.

(2) A district shall adopt, and adhere to, a policy under which it may be a member of and pay fees, if any, to a voluntary organization that administers interscholastic activities or that facilitates the scheduling and programming of interscholastic activities only if the organization:

(a) Implements and adheres to equity focused policies that:

(A) Address the use of derogatory or inappropriate names, insults, verbal assaults, profanity, or ridicule that occurs at an interscholastic activity, including by spectators of the interscholastic activity;

(B) Prohibit discrimination;

(C) Permit a student to wear religious clothing in accordance with the student’s sincerely held religious belief and consistent with any safety and health requirements; and

(D) Balance the health, safety, and reasonable accommodation needs of participants on an activity-by-activity basis;

(b) Maintains a transparent complaint process that:

(A) Has a reporting system to allow participants of interscholastic activities or members of the public to make complaints about student, coach, or spectator behavior;

(B) Responds to a complaint made under subparagraph (b)(A) of this paragraph within 48 hours of the complaint being received; and

(C) Resolves a complaint received under subparagraph (b) of this paragraph within 30 days of the complaint being received unless the organization determines that there is good cause to extend the timeline for resolving the complaint;

(c) Develops and implements a system of sanctions against schools, students, coaches, and spectators if a complaint made under paragraph (b) of this subsection is verified; and

(d) Performs and annual survey of students and their parents to understand and respond to potential violations of equity focused policies adopted under this rule or violations of OAR 581-021-0045, 581-021-0046, or 581-021-0047.

(3) Subsection (2)(a)(A) of this rule only applies to school districts and any educational agency, program, or service under contract or the jurisdiction of a school district unless the inappropriate name, insult, verbal assault, profanity, or ridicule is directed toward an individual because of the individual’s age, disability, national origin, race, color, marital status, religion, sex, or sexual orientation.

History

Statutory/Other Authority: ORS 326 & 659.855
Statutes/Other Implemented: ORS 332.075 & 659.850
ODE 25-2022, minor correction filed 05/20/2022, effective 05/20/2022
ODE 39-2021, adopt filed 12/29/2021, effective 12/29/2021

Or. Admin. R. 581-022-2310 Equal Education Opportunities

(1) Each district school board shall adopt written policies, and the school district shall implement in each school, programs which assure equity, opportunity and access for all students as provided in OAR 581-021-0045 and 581-021-0046.

(2) Each district school board shall adopt a policy in accordance with ORS 339.356 prohibiting harassment, intimidation or bullying and prohibiting cyberbullying. School districts are encouraged to develop the policy after consultation with parents and guardians, school employees, volunteers, students, administrators and community representatives.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 659.150 & 339.356
Renumbered from 581-022-1140 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 25-2008, f. & cert. ef. 9-26-08
EB 1-1997, f. & cert. ef. 3-12-97

Or. Admin. R. 581-022-2312 Every Student Belongs

(1) It is the policy of the State Board of Education that all students, employees, and visitors in public schools are entitled to learn, work, and participate in an environment that is safe and free from discrimination, harassment, and intimidation.

(2) Definitions. For purposes of this rule:

(a)(A)“Bias Incident” means a person’s hostile expression of animus toward another person, relating to the other person’s perceived race, color, religion, gender identity, sexual orientation, disability or national origin, of which criminal investigation or prosecution is impossible or inappropriate.

(B) “Bias Incident” may include derogatory language or behavior.

(b) “Education program” means any program, service, school or activity sponsored by an education provider.

(A) A school district;

(B) A public charter school;

(D) An education service district;

(E) An educational program under the Youth Corrections Education Program or the Juvenile Detention Program, as those terms are defined in ORS 326/695; or

(F) a program that receives money pursuant to ORS 343.243.

(d) “Symbol of Hate” means nooses, symbols of neo-Nazi ideology or the battle flag of the Confederacy.

(e) “School property” means any property under the control of an education provider.

(3)(a) To comply with the prohibition on discrimination required by ORS 659.850, an education provider must prohibit the display of symbols of hate on school property or in any education program.

(b) The prohibition required or allowed by this subsection does not apply to displays that align with and are used in conjunction with state standards of education for public schools.

(4) To comply with the prohibition on discrimination required by ORS 659.850, each education provider must adopt a policy to address bias incidents and displays of symbols of hate. The policy must:

(a) Affirm that all students are entitled to a high quality educational experience, free from discrimination or harassment based on perceived race, color, religion, gender identity, sexual orientation, disability or national origin;

(b) Affirm that all employees of education providers are entitled to work in an environment that is free from discrimination or harassment based on perceived race, color, religion, gender identity, sexual orientation, disability or national origin;

(c) Affirm that all visitors of an education provider are entitled to participate in an environment that is free from discrimination or harassment based on perceived race, color, religion, gender identity, sexual orientation, disability or national origin;

(d) Prohibit the display of symbols of hate on school property or in an education program; and

(e) Establishes procedures for addressing bias incidents and displays of symbols of hate. The procedures must:

(A) Apply broadly to include persons directly targeted by an act, as well as the community of students as a whole who are likely to be impacted by the act.

(B) Require the education provider to prioritize the safety and well-being of all persons impacted by the act.

(C) Require the education provider to recognize the experience of all persons impacted by the act, acknowledge the impact, commit to taking immediate action and prevent further harm against those persons impacted.

(D) Include educational components that:

(i) Address the history and impact of hate;

(ii) Advance the safety and healing of those impacted by bias and hate; and

(iii) Promote accountability and transformation for people who cause harm as well as transformation of the conditions that perpetuated the harm.

(E) Include communication protocols that provide all persons impacted by the act with information relating to the investigation and outcome of the investigation

(i) The information provided to the persons directly targeted by an act and the person who committed the act must include notice that an investigation has been initiated, notice when an investigation has been completed, findings of the investigation and the final determination based on those findings, actions taken to remedy a person’s behavior and prevent reoccurrence, and, when applicable, the legal citation to any law prohibiting the disclosure of any of the information described in this subparagraph and an explanation of how that law applies to the current situation.

(ii) The information provided to the community of students as a whole who are likely to be impacted by the act must include notice that an investigation has been initiated and actions taken to prevent reoccurrence.

(F) Direct the education provider to consider whether the act implicates other civil rights laws and, if so, to respond accordingly. The nature of the conduct must determine:

(i) The process used to respond to the act;

(ii) The rights and protections available to the person impacted by the act; and

(iii) The right to appeal to the Oregon Department of Education or the United States Department of Education.

(G) Require the education provider to develop and implement instructional materials to make this policy and related practices, including reporting procedures, educational processes and possible consequences, known to all school employees and students of the education provider.

History

Statutory/Other Authority: ORS 326.051 & ORS 659.850
Statutes/Other Implemented: ORS 659.850
ODE 35-2021, amend filed 10/26/2021, effective 10/26/2021
ODE 6-2021, adopt filed 02/19/2021, effective 02/19/2021
ODE 36-2020, temporary adopt filed 09/18/2020, effective 09/18/2020 through 03/16/2021

Or. Admin. R. 581-022-2315 Special Education for Children with Disabilities

Each school district shall provide an educational program for all resident children with a disability who are eligible under ORS Chapter 343. The program shall be carried out in accordance with all applicable Oregon Administrative Rules.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 343.041
Renumbered from 581-022-1340 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 25-2008, f. & cert. ef. 9-26-08
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2320 Temporary rule language in effect until 10/16/2026. Required Instructional Time

(1)(a) Except as allowed under subsections (2) and (4), each school district shall ensure that at least 92% of all students in the district and at least 80% of all students at each school operated by the district are scheduled to receive annually the following minimum hours of instructional time:

(A) Grade 12 — 966 hours;

(B) Grades 9–11 — 990 hours; and

(b) A student who is 18 years of age or older or an emancipated minor or the person in parental relationship to a minor student may request to annually receive the minimum hours of instructional time. The school district must honor the request except as specifically provided for by rule or law.

(2)(a) Notwithstanding the requirements of subsection (1), with the annual approval of the local school board after a public hearing, the following students are exempted from the instructional time requirement and are not included in the district’s calculation of instructional time under subsection (1):

(A) Students who have fulfilled all state requirements for graduation under OAR 581-022-2000;

(B) Students who at the start of their senior year are on track to exceed all state requirements for graduation under OAR 581-022-2000 as determined by the number and type of credits earned by the student; and

(C) Students who are earning credits toward a diploma through accelerated learning classes, such as Advanced Placement, International Baccalaureate, or classes at a post-secondary institution, internship, work-based learning, or credits by proficiency.

(b) Each year, the school district must report to the local school board the total number of students disaggregated by relevant sociodemographic group that have been exempted from the instructional time requirements under this subsection.

(3) Nothing in this rule may be construed to affect the right of a person to be admitted to the school district in which they reside under ORS 339.115.

(4) A school district may request permission to exempt an alternative education program as defined in ORS 336.615 from the requirement in subsection (1). The request must be made in writing to the Deputy Superintendent of Public Instruction. The Deputy Superintendent is authorized to grant permission under this section without obtaining approval from the State Board of Education. Permission will be granted where:

(a) The request is made with the approval of the school district’s governing school board;

(b) The school district is using an evidence-based strategy that includes flexible time options; and

(c) The school district has implemented a system to assess students prior to placement to determine whether placement in an alternative education program is appropriate.

(5) If a school district chooses to offer less than 900 hours of instructional time for kindergarten students, the kindergarten program shall be considered a half-day program for purposes of ORS 327.006(1) and the school district shall ensure that every kindergarten student is scheduled to receive a minimum of 450 hours of instructional time per year.

(6) Upon approval by the local school board, a district may include in its calculation of instructional time required by subsection (1) of this rule the following:

(a) For kindergarten programs offering 900 hours or more of instructional time, up to 60 hours of recess;

(b) For kindergarten programs offering less than 900 hours of instructional time, up to 30 hours of recess;

(d) Up to 30 for staff professional development; and

(e) Up to 30 hours for parent teacher conferences.

(7) For students participating in online instruction:

(a) Instructional time includes online instruction supported by a licensed or registered teacher through electronic means.

(b) For online instruction, up to one hour per course per day may be counted as instructional time where the following criteria are met:

(A) Every student has access to a licensed or registered teacher through in-person, telephone, or electronic means for each course taken; and

(B) Every student has regular contact with school personnel for the purpose of attendance and progress monitoring as outlined in the policies maintained by the Oregon Department of Education.

(c) Instructional time may not be claimed for weekends or holidays, per ORS 336.010 and 187.010, or any other day during which a licensed or registered teacher is not available to students.

(8) There shall be no fewer than 265 consecutive calendar days between the first and last instructional day of each school year at each grade level.

(9) No student shall be required to exceed the following number of instructional hours per day:

(a) Grades 9–12 — 8.5 hours;

(b) Grades K–8 — 8 hours.

(10) The department shall track and publish once each calendar year the instructional time provided by each district during the previous school year.

History

Statutory/Other Authority: ORS 326.011 & ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 13-2026, temporary amend filed 04/17/2026, effective 04/20/2026 through 10/16/2026
ODE 29-2018, amend filed 09/26/2018, effective 09/26/2018
Renumbered from 581-022-1620 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 2-2015, f. 1-30-15, cert. ef. 7-1-15
ODE 25-2008, f. & cert. ef. 9-26-08
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2323 Temporary rule language in effect until 10/16/2026. Preserving Student Instructional Time

(1) As used in this rule:

(a) “District” means a common or union high school district organized under ORS Chapter 332, a public charter school as defined in ORS 338.005, or any other education entity to which OAR 581-022-2320 applies.

(b) “Student instructional time” means the total hours students are in school, bell-to-bell, including recess, lunch, passing time, and instruction.

(2) As of April 16, 2026, a district may not:

(a) Further reduce scheduled student instructional time for the remainder of the 2025-2026 school year; or

(b) Reduce scheduled student instructional time during the 2026-2027 school year.

(3) If a district reduced scheduled student instructional time during the 2025-2026 school year, or if a district reduced planned scheduled student instructional time for the 2026-2027 school year prior to April 16, 2026, the district must restore student instructional time to no less than the planned 2024-2025 school year levels no later than the beginning of the 2027-2028 school year.

(4)(a) Each district described in subsection (3) of this rule shall submit to the Oregon Department of Education, in a manner required by the department, a plan under which the district will restore the student instructional time.

(b) The plan described in paragraph (a) of this subsection must be submitted for approval to the department no later than 90 days after the effective date of this rule.

(c) The plan described in paragraph (a) of this subsection shall include clear timelines, specific actions, and measures that ensure the full restoration of student instructional time.

(d) The department may require a district to amend and resubmit a plan described in paragraph (a) of this subsection if the plan does not meet the requirements of paragraph (c) of this subsection.

(5) If a district, at the direction of their school board or governing body, does not restore student instructional time as required by subsection (3) of this rule, the district shall publicize the justification for the decision in a time and manner required by the Oregon Department of Education.

History

Statutory/Other Authority: ORS 326.011 & ORS 326.051
Statutes/Other Implemented: ORS 326.051
ODE 13-2026, temporary adopt filed 04/17/2026, effective 04/20/2026 through 10/16/2026

Or. Admin. R. 581-022-2325 Identification of Academically Talented and Intellectually Gifted Students

(1) For purposes of this rule, “screen” means to use district policies and procedures that have the purpose of identifying which students are eligible to receive talented and gifted services, supports, or programs.

(2) Each school district shall have policies and procedures for the identification of talented and gifted students as defined in ORS 343.395.

(a) This population of students demonstrates exceptional performance when compared to applicable developmental or learning progressions, with consideration given for variations in student's opportunity to learn and to culturally relevant indicators of ability.

(b) Students identified as talented and gifted require differentiated instructional services and/or programs designed to address their strengths and needs.

(3) In the identification of talented and gifted students, district policies and procedures shall:

(a) Allow any person who knows the student to recommend that a student be screened for identification as talented and gifted;

(b) Conduct a screening process for a student recommended under paragraph (a) of this subsection;

(d) Directly inform parents and guardians that a student may be recommended and screened as described in paragraphs (a), (b), and (c) of this subsection;

(e) Provide information on the school district’s website that a student may be recommended and screened as described in paragraphs (a), (b), and (c) of this subsection;

(f) Provide professional development for those responsible for identification of students who are talented and gifted;

(g) Use evidence-based practices that include a variety of tools and procedures to determine if a student demonstrates a pattern of exceptional performance and/or achievement that is relevant to the identification of talented and gifted students under ORS 343.395.

(h) Collect and use multiple modes and methods of qualitative and quantitative evidence to allow appropriate members of a student’s identification team to make a determination about the identification and eligibility of the students for talented and gifted services, supports, and/or programs; with no single test or piece of evidence eliminating a student from eligibility.

(i) Use methods and practices that minimize or seek to eliminate the effects of bias in assessment and identification of students from historically underrepresented populations including, but not limited to:

(A) Students who are racially/ethnically diverse;

(B) Students experiencing disability;

(D) Students experiencing poverty; and

(E) Students experiencing high mobility.

(j) Incorporate assessments, tools, and procedures, that will inform the development of an appropriate plan of instruction for students who are identified as talented and gifted and describe how information from the assessments, tools and procedures used in the identification for talented and gifted students will be used to support development of the plan of instruction.

(k) Identify how the educational record under ORS 326.565 of the student being considered will document and reflect the record of the team's decision and the procedures and data used by the team to make the decision.

(4) The following sources of evidence may be used by the identification team to provide students with multiple opportunities to demonstrate a pattern or preponderance of evidence of talent or giftedness:

(a) Local Performance Assessment data, as defined in OAR 581-022-2115, using local norms (building or district);

(b) National and/or state standardized assessment data using national and/or local norms (building or district);

(d) Research-based rating scales;

(e) Research-based comprehensive observational instruments; or

(f) Learning progressions, performance tasks, work samples, and other measures provided by the Department of Education.

(5) Academic evidence reviewed shall align to the full depth, breadth, and complexity of Oregon’s content standards and benchmarks. Standardized assessments used for academic/achievement-based identification shall include technical documentation demonstrating alignment or documentation of intended use for the purpose of talented and gifted identification.

(6) Standardized assessments used for intellectually gifted identification shall include technical documentation demonstrating alignment to research-based best practices inclusive of students from underrepresented populations.

(7) School districts may identify additional students who are talented and gifted as defined in ORS 343.395, as determined by local district policies and provisions, if the students demonstrate outstanding ability or potential in one or more of the following areas:

(a) Creative ability in using original or nontraditional methods in thinking and producing.

(b) Leadership ability in motivating the performance of others either in educational or non-educational settings.

History

Statutory/Other Authority: ORS 343.391 - 343.413
Statutes/Other Implemented: ORS 326.051
ODE 18-2026, amend filed 04/21/2026, effective 04/21/2026
ODE 18-2022, amend filed 03/28/2022, effective 03/28/2022
Renumbered from 581-022-1310 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 23-2016, f. & cert. ef. 4-7-16
ODE 6-2009, f. & cert. ef. 6-29-09
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2330 Rights of Parents of TAG Students

In carrying out the requirements of OAR 581-022-2325 and OAR 581-022-2500, the school district shall:

(1) Inform parents at the time of the identification of the child and the programs and services available.

(2) Provide an opportunity for the parents to provide input to and discuss with the district the programs and services to be received by their child.

(3) The parents may, at any time, request the withdrawal of their child from programs and services provided under OAR 581-022-2330. The school district shall notify parents of identified students of this right.

(4) Parents shall be informed of their right to file a complaint under OAR 581-075-0205.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 343.391 - 343.413
ODE 48-2024, minor correction filed 10/23/2024, effective 10/23/2024
ODE 11-2019, amend filed 03/25/2019, effective 03/25/2019
ODE 36-2018, minor correction filed 11/14/2018, effective 11/14/2018
Renumbered from 581-022-1320 by ODE 16-2017, f. & cert. ef. 7-5-17
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2335 Daily Class Size

A school district shall maintain class sizes and teacher assignments which promote effective practices consistent with the outcomes expected of each instructional program.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
Renumbered from 581-022-1630 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 25-2008, f. & cert. ef. 9-26-08
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2340 Media Programs

(1) School District Media Services: The school district shall provide a coordinated media program. The district shall:

(a) Adopt Program goals for:

(A) Media instruction for all grade levels; and

(B) Support services.

(b) Provide appropriate instructional facilities, materials, equipment, and services which support the school district, program and course goals;

(c) Assign responsibilities to certificated media specialists and other personnel for the development, implementation, maintenance, and supervision of media services;

(d) Organize media services and materials required for the achievement of district and building media program goals; and

(e) Evaluate district and school media programs.

(2) School Media Services: The school district shall provide in each school a media program consistent with district, program and course goals which:

(a) Provides an organized media center with materials, equipment and services supervised by appropriate certificated personnel;

(b) Identifies instructional activities designed to achieve media skills goals; and

(A) Locate and retrieve organized print and nonprint media;

(B) Use media to record and express ideas and knowledge; and

(3) In determining whether the assignment of certificated media and other staff is appropriate, the following shall be considered:

(a) The district, program and course goals of the media services program;

(b) The number of schools, students and staff to be served;

(d) The number, certification and training of personnel assigned to media program responsibilities including specialists, teachers and aides;

(e) The extent to which staffing patterns vary from general statewide practice; and

(f) The extent to which the media program enables students to attain instructional goals.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
Renumbered from 581-022-1520 by ODE 16-2017, f. & cert. ef. 7-5-17
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2345 Auxiliary Services

(1) Pupil Transportation Services: Pupil transportation provided by the school district shall comply with all applicable Oregon Revised Statutes and Oregon Administrative Rules.

(2) School Food Services: A school district operating a reimbursed student food service program shall comply with State Board of Education and State Health Division rules.

(3) Custodial Services: The school district shall maintain buildings and grounds to provide conditions conducive to health and safety of all persons and in accordance with all applicable Oregon Revised Statutes and Oregon Administrative Rules.

(4) Facilities: The school district shall provide physical facilities which are appropriate to instructional and support program activities.

(5) Equipment and Materials: The school district shall provide furniture, equipment and materials appropriate to instructional and support program activities.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
Renumbered from 581-022-1530 by ODE 16-2017, f. & cert. ef. 7-5-17
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2350 Independent Adoptions of Instructional Materials

Without prior notice to the State Board of Education, the district school board of any school district, with the assistance of teachers and administrators of the district, may adopt independently instructional materials for use in place of or in addition to those adopted by the Board, provided they meet the guidelines and criteria established by the Board. The district school board shall involve parents and citizens in the process. Such district adoptions shall be known as independent adoptions. In order to give proper notification that an independent adoption is being made, the administrative head of the district must provide the district school board, prior to placing the instructional materials into use in the local schools, the following information:

(1) The subject, category, and grade level(s) in which the instructional materials will be used;

(2) The title of the instructional materials;

(3) The publisher of the instructional materials;

(4) The copyright date of the instructional materials;

(5) The date on which the district intends to install the instructional materials for use in the school system; and

(6) A statement that a completed criteria checklist showing the degree to which the instructional materials meet the criteria established by the State Board of Education is on file in the district office. (Criteria checklists for the specific subject/category are available from the Department of Education.)

(7) A statement of assurance that the independently adopted instructional materials will comply with the most current National Instructional Materials Accessibility Standard (NIMAS) specifications regarding accessible instructional materials.

(8) Digital, electronic, or web-based materials must include an accessibility conformance report for each electronic component that documents adherence to the Web Content Accessibility Guidelines (WCAG) identified in the circular of information and technical standards required by the Federal Rehabilitation Act, Section 508.

History

Statutory/Other Authority: ORS 337.050(2) & 337.141
Statutes/Other Implemented: ORS 337.120 & 337.141
ODE 24-2023, amend filed 12/08/2023, effective 12/08/2023
Renumbered from 581-022-1622 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 22-2012, f. & cert. ef. 8-1-12
ODE 3-2009, f. & cert. ef. 6-29-09
Renumbered from 581-011-0085, ODE 25-2008, f. & cert. ef. 9-26-08
ODE 10-2001, f. & cert. ef. 5-15-01
EB 30-1991, f. & cert. ef. 12-18-91
EB 21-1991(Temp), f. 10-30-91, cert. ef. 11-1-91
EB 2-1991, f. & cert. ef. 2-28-91
1EB 19-1982, f. & ef. 11-23-82
1EB 245, f. & ef. 9-23-76
1EB 215, f. 1-29-76, ef. 2-25-76

Or. Admin. R. 581-022-2355 Instructional Materials Adoption

(1) For each program and course in grades K-12, each school district, on a cycle established by the State Board of Education, shall select and provide students with free appropriate instructional and resource materials produced in accordance with the National Instructional Materials Accessibility Standard (NIMAS). These materials shall contribute to the attainment of district, program, and course or grade level goals and reflect recent knowledge, trends, and technology in the field. The school district process for selecting and adopting instructional materials shall include opportunities for citizen and parent involvement.

(2) The school district process must identify whether the district coordinates with the National Instructional Materials Access Center (NIMAC) when purchasing print materials under OAR 581-022-2350 and 581-022-2360.

(3) Districts that do not coordinate with NIMAC must provide instructional materials to persons who are blind and persons with print disabilities in accessible formats under 581-015-2060.

(4) Sufficient quantities, including those produced in alternate formats and those that cannot be produced from NIMAS files, shall be available in a timely manner to accommodate the number of students who will be using them at any one time. A timely manner means the materials are available at the same time materials are available for students who do not need materials in alternate formats.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 337.150
Renumbered from 581-022-1640 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 3-2009, f. & cert. ef. 6-29-09
ODE 13-2007, f. 4-25-07, cert. ef. 4-27-07
ODE 11-1998, f. & cert. ef. 6-23-98
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2360 Postponement of Purchase of State-Adopted Instructional Materials

If a district seeks to postpone regular purchase of state-adopted materials as required by ORS 337.120, it shall submit an application to the Department which shall include:

(1) The reason for seeking postponement;

(2) The subjects or categories for which postponement is sought;

(3) The projected dates for purchase and implementation of new instructional materials which shall not be later than two years from the beginning of the school year following the state adoption;

(4) Identification of the instructional materials to be used during the postponement;

(5) Assurance that the postponement will not delay future purchases in other subject areas; and

(6) Local school board approval of the application and the date of such approval.

History

Statutory/Other Authority: ORS 337.120
Statutes/Other Implemented: ORS 337.120
Renumbered from 581-022-1650 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 3-2009, f. & cert. ef. 6-29-09
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2370 Complaint Procedures

(1) Each school district must establish a process for the prompt resolution of a complaint by:

(a) A person who resides in the district;

(b) Any parent or guardian of a student who attends school in the district; or

(c) Any person who alleges that they have been subjected to discrimination, or a third party representing such persons or groups of persons.

(2) A school district’s complaint procedure must:

(a) Be in writing available at the main administrative office and, if the school district has a website, in a form available on the home page of the school district’s website;

(b) Include the name of the person, position, or office within the school district with the responsibility for responding to the complaint; and

(c) Specify the time period during which the complaint will be addressed and a final decision issued. If the complaint procedure has multiple steps, the procedure must establish the time period for each step as well as the overall time period for completing the complaint procedure.

(3) A school district’s complaint procedure may:

(a) Distinguish between those complaints that may be appealed under OAR 581-075-0001 to 581-075-0045 and 581-075-0205, and other complaints;

(b) Offer mediation or other alternative dispute resolution processes as an option available if all parties to the complaint agree in writing to participate;

(A) Two years after the alleged violation or unlawful incident occurred or the complaint 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

(B) One year after the affected student has graduated from, moved away from, or otherwise left the school district.

(d) Include more than one but no more than four steps for addressing the complaint.

(4) The procedure for hearing and acting on complaints alleging violation of the Oregon Administrative Rules, Chapter 581, division 22 (division 22 standards), ORS 339 to 330.303 or OAR 581-021-0550 to 581-021-0570 (Restraint and Seclusion), ORS 659.850 or OAR 581-021-0038, 581-021-0045, 581-021-0046, 581-021-0047 (Discrimination); or ORS 659.852 (Retaliation) must include the following:

(a) The point at which the district’s decision if final; and

(b) A final decision in written or electronic form that addresses each allegation in the complaint and contains reasons for the district’s decision and notifies the complainant that the district’s decision may be appealed to the Deputy Superintendent of Public Instruction under OAR 581-075-0001 to 581-075-0045 or 581-075-0205.

(5) This rule applies to appeals filed with a school district on or after January 1, 2018.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051 & ORS 327.158
ODE 43-2026, minor correction filed 07/23/2026, effective 07/23/2026
ODE 56-2024, minor correction filed 10/25/2024, effective 10/25/2024
ODE 49-2024, minor correction filed 10/23/2024, effective 10/23/2024
ODE 8-2023, amend filed 03/29/2023, effective 03/29/2023
ODE 4-2023, minor correction filed 01/31/2023, effective 01/31/2023
ODE 11-2019, amend filed 03/25/2019, effective 03/25/2019
ODE 2-2019, minor correction filed 01/08/2019, effective 01/08/2019
Renumbered from 581-022-1650 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 9-2017, f. 6-29-17, cert. ef. 7-1-17, Renumbered from 581-022-1941
ODE 31-2007, f. & cert. ef. 12-12-07

Or. Admin. R. 581-022-2400 Personnel

(1) All teachers, specialists, and administrators employed by school districts must hold valid Oregon licenses and be assigned in accordance with the individual license district policies, program goals and applicable statutes and administrative rules.

(2) Any school district employing teacher aides shall follow applicable Oregon Administrative Rules.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
Renumbered from 581-022-1710 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 25-2008, f. & cert. ef. 9-26-08
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2405 Personnel Policies

(1) The school district shall adopt and implement personnel policies which address:

(a) Affirmative action;

(b) Staff development;

(d) Evaluation procedures; and

(e) Employee communication system.

(f) The requirement for releasing to Teacher Standards and Practices Commission, another district or any person upon request the disciplinary records of an employee or former school employee if the employee was convicted of one or more of the list of crimes addressed in ORS 342.143.

(2) Personnel policies shall be accessible to any school employee and notice of their availability to the general public shall be published:

(a) A current copy shall be accessible in each school office and library; and

(b) Any organization which represents employees of the district shall be furnished a copy and revisions as they are made.

(3) Bonded Employees: All employees responsible for funds, fees or cash collections shall be bonded in compliance with Oregon Revised Statutes and Oregon Administrative Rules.

(4) Employees for whom a teaching certificate is not required: The school district shall give to each such employee an individual written notice of reasonable assurance of continued employment as required by ORS 332.554.

History

Statutory/Other Authority: ORS 326.051
Statutes/Other Implemented: ORS 326.051
Renumbered from 581-022-1720 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 21-2011, f. & cert. ef. 12-15-11
ODE 25-2008, f. & cert. ef. 9-26-08
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2410 Teacher and Administrator Evaluation and Support

(1) A school district board shall include the core teaching standards and administrator standards adopted by the State Board for all evaluations of teachers and administrators of the school district occurring on or after September 30, 2027. The standards shall be customized based on the collaborative efforts of the teachers and administrators of the school district and the exclusive bargaining representative of the employees of the school district and be separately developed for teachers and administrators.

(2) Local evaluation and support systems established by school districts for teachers and administrators must be designed to meet or exceed the requirements defined in the Oregon Framework for Teacher and Administrator Evaluation and Support Systems, including:

(a) Four performance level ratings of effectiveness;

(b) For teachers, classroom-level student learning and growth goals set collaboratively between teachers and evaluators.

(c) Consideration of multiple measures of teacher and administrator practice and responsibility which may include, but are not limited to:

(A) Classroom-based assessments including observations, lesson plans and assignments;

(B) Portfolios of evidence;

(D) Self-reflections and assessments.

(d) Consideration of evidence of student academic growth and learning based on multiple measures of student progress, including performance data of students, schools, and school districts that is both formative and summative. Evidence may also include other indicators of student success;

(e) A summative evaluation method for considering multiple measures of professional practice, professional responsibilities and student learning and growth to determine the educator’s professional growth path.

(f) Customization for each school district, which may include individualized weighting and application of standards.

(3) Evaluations using the core teaching and administrator standards must attempt to:

(a) Strengthen the knowledge, skills, disposition and classroom and administrative practices of teachers and administrators in public schools;

(b) Refine the support, assistance and professional growth opportunities offered to a teacher or an administrator, based on the individual needs of the teacher and administrator and the needs of the students, the school and the school district;

(c) Allow each teacher or administrator to establish a set of classroom or administrative practices and student learning objectives that are based on the individual circumstances of the teacher or administrator, including the classroom or other assignments of the teacher or administrator;

(d) Establish a formative growth process for each teacher and administrator that supports professional learning and collaboration with other teachers and administrators; and

(e) Use evaluation methods and professional development, support and other activities that are based on curricular standards and that are targeted to the needs of each teacher and administrator; and

(f) Address ways to help all educators strengthen their culturally responsive practices.

(4) Local evaluation and support systems established by school districts must evaluate teachers and administrators on a regular cycle.

(5) District superintendents shall regularly report to their governing boards on implementation of their local evaluation and support systems and educator effectiveness.

History

Statutory/Other Authority: ORS 342.805 - 342.937
Statutes/Other Implemented: 2011 OL Ch. 729 Sec. 2 (Enrolled SB 290)
ODE 34-2025, amend filed 06/18/2025, effective 06/18/2025
ODE 13-2017, f. & cert. ef. 7-5-17
Renumbered from 581-022-1723 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 33-2016, f. & cert. ef. 5-5-16
Reverted to ODE 23-2012, f. & cert. ef. 8-1-12
ODE 11-2015(Temp), f. & cert. ef. 7-15-15 thru 1-10-16
ODE 23-2012, f. & cert. ef. 8-1-12
ODE 21-2011, f. & cert. ef. 12-15-11

Or. Admin. R. 581-022-2415 Core Teaching Standards

School districts shall use the core teaching standards to evaluate teacher effectiveness outlined in OAR 581-022-2410. Performances, essential knowledge and critical dispositions for each standard are contained within the Interstate Teacher Assessment and Support Consortium (InTASC) core teaching standards published at: http://www.ccsso.org/Documents/2011/InTASC_Stds_MS_Word_version_4_24_11.doc. The core teaching standards are the same standards adopted by the Teacher Standards and Practices Commission (TSPC) for initial and advanced teacher preparation. The standards include:

(1) The Learner and Learning

(a) Learner Development: The teacher understands how learners grow and develop, recognizing that patterns of learning and development vary individually within and across the cognitive, linguistic, social, emotional, and physical areas, and designs and implements developmentally appropriate and challenging learning experiences. [InTASC Standard #1]

(b) Learning Differences: The teacher uses understanding of individual differences and diverse cultures and communities to ensure inclusive learning environments that enable each learner to meet high standards. [InTASC Standard #2]

(c) Learning Environments: The teacher works with others to create environments that support individual and collaborative learning, and that encourage positive social interaction, active engagement in learning, and self motivation. [InTASC Standard #3]

(2) Content

(a) Content Knowledge: The teacher understands the central concepts, tools of inquiry, and structures of the discipline(s) he or she teaches and creates learning experiences that make these aspects of the discipline accessible and meaningful for learners to assure mastery of the content. [InTASC Standard # 4]

(b) Application of Content: The teacher understands how to connect concepts and use differing perspectives to engage learners in critical thinking, creativity, and collaborative problem solving related to authentic local and global issues. [InTASC Standard #5]

(3) Instructional Practice

(a) Assessment: The teacher understands and uses multiple methods of assessment to engage learners in their own growth, to monitor learner progress, and to guide the teacher’s and learner’s decision making. [InTASC Standard #6]

(b) Planning for Instruction: The teacher plans instruction that supports every student in meeting rigorous learning goals by drawing upon knowledge of content areas, curriculum, cross-disciplinary skills, and pedagogy, as well as knowledge of learners and the community context. [InTASC Standard #7]

(c) Instructional Strategies: The teacher understands and uses a variety of instructional strategies to encourage learners to develop deep understanding of content areas and their connections, and to build skills to apply knowledge in meaningful ways. [InTASC Standard # 8]

(4) Professional Responsibility

(a) Professional Learning and Ethical Practice: The teacher engages in ongoing professional learning and uses evidence to continually evaluate his/her practice, particularly the effects of his/her choices and actions on others (learners, families, other professionals, and the community), and adapts practice to meet the needs of each learner. [InTASC Standard #9]

(b) Leadership and Collaboration: The teacher seeks appropriate leadership roles and opportunities to take responsibility for student learning, to collaborate with learners, families, colleagues, other school professionals, and community members to ensure learner growth, and to advance the profession. [InTASC Standard #10]

History

Statutory/Other Authority: ORS 342.805–342.937
Statutes/Other Implemented: OL 2011 § 2 & Ch 729 (SB 290)
Renumbered from 581-022-1723 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 21-2011, f. & cert. ef. 12-15-11

Or. Admin. R. 581-022-2420 Educational Leadership — Administrator Standards

(1) School districts shall use the educational leadership–administrator standards to evaluate administrator effectiveness outlined in OAR 581-022-2410 (Teacher and Administrator Evaluation and Support). The standards include:

(a) Mission, Vision, and Core Values: Effective educational leaders develop, advocate, and enact a shared mission, vision, and core values of high-quality education and academic success and well-being of each student.

(b) Ethics and Professional Norms: Effective educational leaders act ethically and according to professional norms to promote each student’s academic success and well-being.

(c) Equity and Cultural Responsiveness: Effective educational leaders strive for equity of educational opportunity and culturally responsive practices to promote each student’s academic success and well-being.

(d) Curriculum, Instruction, and Assessment: Effective educational leaders develop and support intellectually rigorous and coherent systems of curriculum, instruction, and assessment to promote each student’s academic success and well-being.

(e) Community of Care and Support for Students: Effective educational leaders cultivate an inclusive, caring, and supportive school community that promotes the academic success and well-being of each student.

(f) Professional Capacity of School Personnel: Effective educational leaders develop the professional capacity and practice of school personnel to promote each student’s academic success and well-being.

(g) Professional Community for Teachers and Staff: Effective educational leaders foster a professional community of teachers and other professional staff to promote each student’s academic success and well-being.

(h) Meaningful Engagement of Families and Community: Effective educational leaders engage families and the community in meaningful, reciprocal, and mutually beneficial ways to promote each student’s academic success and well-being.

(i) Operations and Management: Effective educational leaders manage school operations and resources to promote each student’s academic success and well-being.

(j) School Improvement: Effective educational leaders act as agents of continuous improvement to promote each student’s academic success and well-being.

(2) The Professional Standards for Educational Leaders published by the National Policy Board for Educational Administration may be used to determine if the standards set forth in this rule have been met [Publication not included. See ED. NOTE.].

[ED. NOTE: The publication referenced is available on the agency’s website.]

History

Statutory/Other Authority: ORS 342.805 - 342.937
Statutes/Other Implemented: ORS 342.805 - 342.937
ODE 34-2025, amend filed 06/18/2025, effective 06/18/2025
Renumbered from 581-022-1725 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 23-2012, f. & cert. ef. 8-1-12
ODE 21-2011, f. & cert. ef. 12-15-11

Or. Admin. R. 581-022-2430 Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses

All public school districts shall comply with the requirements for Fingerprinting of subject individuals as defined in and in compliance with OAR 581-021-0511.

History

Statutory/Other Authority: ORS 326.603
Statutes/Other Implemented: ORS 326.603
ODE 20-2025, minor correction filed 04/21/2025, effective 04/21/2025
Renumbered from 581-022-1730 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 25-2008, f. & cert. ef. 9-26-08
ODE 9-2006, f. & cert. ef. 2-21-06
ODE 3-2004, f. & cert. ef. 1-15-04
Reverted to ODE 29-1999, f. 12-13-99, cert. ef. 12-14-99
ODE 13-2003(Temp), f. & cert. ef. 7-1-03 thru 12-15-03
ODE 29-1999, f. 12-13-99, cert. ef. 12-14-99
ODE 4-1999, f. & cert. ef. 1-12-99
Reverted to EB 18-1996, f. & cert. ef. 11-1-96
ODE 12-1998(Temp), f. & cert. ef. 6-23-98 thru 12-19-98
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2440 Teacher Training Related to Dyslexia

(1) School districts must ensure that at least one kindergarten through grade five teacher in each kindergarten through grade five school has received training related to dyslexia. The training must be from the Department approved list referenced in 581-002-1805 and must include all of the content requirements in subsection (2)(b) of 581-002-1805.

(2) A teacher who has completed previous training on using evidence-based practices to teach the foundational skills in reading may demonstrate knowledge of that content through receiving a passing score on a certification exam that is directly aligned with the knowledge and practice standards of an international organization on dyslexia and be exempt from that area of the training requirements as stated in (2)(b) of 581-002-1805. The teacher will still be required to complete training as outlined in 581-002-1805 (2)(a) and (c).

(3) The teacher who completes the dyslexia-related training must be a licensed or registered teacher serving in a position teaching students in any configuration of grades kindergarten through fifth grade and assigned to the school building at least .50 FTE. The position may include, but is not limited to, that of classroom teacher, reading specialist, special educator or English language learner teacher.

(4) The definitions of terms outlined in OAR 581-002-1800 apply to this rule.

(5) This rule is effective July 1, 2018.

History

Statutory/Other Authority: ORS 326.726
Statutes/Other Implemented: ORS 326.726
ODE 2-2018, amend filed 01/26/2018, effective 01/27/2018
ODE 1-2017, f. & cert. ef. 2-1-17

Or. Admin. R. 581-022-2445 Universal Screenings for Risk Factors of Dyslexia

(1) School districts must universally screen for risk factors of dyslexia in kindergarten using a screening test that is on the Department’s approved list referenced in 581-002-1820 and administering the measures in each area in 581-002-1820(2)(b) with fidelity as per guidelines of the test developers.

(2) If a student first enrolls in a public school in Oregon for first grade, school districts must screen the student in first grade using a screening test that is on the Department’s approved list referenced in 581-002-1820 and administer the measures in each area in 581-002-1820(2)(c) with fidelity as per guidelines of the test developers.

(3) A school district may petition the Superintendent of Public Instruction or their designee to request selection of a screening test that is not included on the Department’s approved list. The written petition must specify the screening test the district proposes to use along with evidence that all of the criteria referenced in 581-002-1820 are met by the test. If it is determined that the test meets the criteria, the Superintendent of Public Instruction shall approve the request.

(4) If a student shows risk factors for reading difficulties, including dyslexia, school districts must screen for a family history of difficulty in learning to read.

(a) A student is determined to show risk factors for reading difficulty, including dyslexia, if:

(A) Based on test developer guidelines, the student shows risk on the universal screening test; and

(B) The student does not make adequate progress, as indicated by the progress monitoring measures aligned with the universal screener, as the result of evidence-based reading intervention provided in addition to regular core instruction.

(b) The screening for family history:

(A) Must be completed no later than the next universal screening period according to test developer guidelines if a child continues to show risk on the universal screening test. Students who first enroll in a public school in kindergarten or grade one at the final universal screening period of the school year and show risk on the universal screening test will be screened for family history of reading difficulties immediately following the universal screening;

(B) May be conducted verbally or in a written format;

(C) Will consist of asking a parent or guardian if an immediate biological family member has experienced difficulty in learning to read, write or spell;

(D) Will include questions related to the student’s developmental history; and

(E) Will be completed and documented by the classroom teacher, data-review team member, or designee of the team.

(5) School districts must include students who are English learners in the universal screening for risk factors of dyslexia.

(a) School districts will screen students who are English learners:

(A) In the student’s native language, if the language of literacy instruction is in the student’s native language;

(B) In English, if the language of literacy instruction is English; or

(b) School districts may screen students who are English learners in English if a district does not have access to screeners in the student’s native language.

(6) If a student enrolls in kindergarten or first grade in a public school in this state midyear, a school district must begin screening for risk factors of dyslexia no later than 30 school days following enrollment.

(7) This rule is effective in the 2018-2019 school year.

History

Statutory/Other Authority: ORS 326.726
Statutes/Other Implemented: ORS 326.726
ODE 31-2018, adopt filed 10/19/2018, effective 10/21/2018

Or. Admin. R. 581-022-2500 Programs and Services for Talented and Gifted Students

(1) Each school district shall submit to the Oregon Department of Education a written plan of instruction for talented and gifted children on a date and in a format provided in guidance documents provided by the Oregon Department of Education. The plan shall include, but not be limited to:

(a) A statement of school district policy on the education of talented and gifted children;

(b) An assessment of current special programs and services provided by the school district for talented and gifted children;

(c) A statement of school district goals for providing comprehensive special programs and services and over what span of time the goals will be achieved;

(d) A description of the nature of the special programs and services which will be provided to accomplish the goals; and

(e) A requirement that each talented and gifted child and the child’s parents have the opportunity to discuss with the school district the programs and services available to the child and to provide input on the programs and services to be made available to the child;

(f) A plan for evaluating progress on the school district plan, including each component program and service;

(g) The name and contact information for the school district’s coordinator of special educational services and programs for talented and gifted children.

(2)(a) For a plan described in subsection (1) of this section, a school district shall:

(A) Provide the plan when requested at any of the schools of the school district or at the school district’s main office; and

(B) Provide the plan on the school district’s website.

(b) A school district must provide the name and contact information for the school district’s coordinator of special educational services and programs for talented and gifted children:

(A) To the Department of Education annually; and

(B) On the school district’s website in the manner prescribed by the department.

(3) The instruction provided to identified students shall be designed to accommodate their assessed levels of learning and accelerated rates of learning.

(4) Assessments for the development of an appropriate academic instructional program shall include the information used by the team for identification purposes and also may include one or more of the following:

(a) An academic history which may include grades, portfolio assessment records or other progress records and achievement information that demonstrates the student's level of learning and rate of learning;

(b) Other evaluation methods such as formal tests or informal assessment methods designed by teachers to determine the student's instructional level and rate of learning related to specific academic programs;

(d) Other measures determined by the school district to be relevant to the appropriate academic instructional program for the student.

History

Statutory/Other Authority: ORS 343.391 - 343.413
Statutes/Other Implemented: ORS 326.051
ODE 10-2022, amend filed 01/27/2022, effective 01/27/2022
Renumbered from 581-022-1330 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 20-2011, f. & cert. ef. 12-15-11
ODE 6-2009, f. & cert. ef. 6-29-09
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2505 Alternative Education Programs

(1) Sections (2)–(9) of this rule apply to each public or private alternative education program approved by a school district board on or after July 1, 2007. For the purposes of this rule, the term "program" includes "school."

(2) In order to provide innovative and more flexible ways of educating children, school districts may establish alternative education options within the public school system.

(3) School districts must adopt policies and procedures for the approval and at least annual evaluation of public and private alternative education programs under ORS 336.615-336.665 (Alternative Education Programs) that receive public funds. Those policies and procedures must provide that:

(a) The district's approval and at least annual evaluation must require that a public alternative program complies with all state statutes, rules and federal law applicable to public schools;

(b) Before contracting with or distributing any public school funds to a private alternative education program, the district must document that:

(A) The program is registered with the Oregon Department of Education (ODE) under the provisions of OAR 581-021-0072 by receiving a copy of the Department's written notice that the program's registration is approved for the current school year;

(B) The ODE has assigned the private alternative program an institution identification number;

(C) Before contracting with or distributing any public school funds to any private alternative education program for special education services identified in a child's IEP, the program is approved by the Department in compliance with OAR 581-015-2270;

(D) The program complies with the individual education plan for each student who is eligible to receive special education services;

(E) An education plan and education profile that meet the requirements of OAR 581-022-2000 are designed and implemented with each student in the program;

(F) The education plan includes criteria for determining if, when, where, and how the student may transition from the alternative program;

(G) A transportation plan is in place ensuring that the program is accessible to each student approved for placement in the program;

(H) The program assists the district in meeting its comprehensive K-12 instructional program in compliance with OAR 581-022-2030;

(I) The program assures that it provides an instruction based on academic content standards adopted by the State Board of Education and that students participate in district and state assessments of achievement for the grade level(s) the program serves;

(J) The program assists students in earning diploma credits consistent with OAR 581-022-2000, 581-022-2010 and 581-022-2020;

(K) The program collects and reports to the district each student's local and state assessment, attendance, behavior, graduation, dropout, and other data required by the district and the state;

(L) Student data is included in the district's at least annual evaluation of the program;

(M) The program complies with federal law; and

(N) If applicable, the private alternative education program is in compliance with its existing district contract.

(4) The contract between a school district and a private alternative education program must state that non-compliance with a rule or statute under this rule (OAR 581-022-2505) will result in the termination of the contract, and suspension or revocation of registration by the Department will terminate the district's contract with the private alternative program and that the private alternative education program's annual statement of expenditures is reviewed in the district's' evaluation in accordance with ORS 336.635(2).

(5) School districts shall adopt policies and procedures to approve placing students in district approved public alternative education programs and district approved private alternative education programs. Such policies and procedures must ensure that:

(a) Students placed in alternative education programs are those whose educational needs and interests are best served by participation in such programs and will include:

(A) Students identified pursuant to ORS 339.250:

(i) Who are being considered for suspension or expulsion pursuant to ORS 339.250;

(ii) Who have been suspended or expelled pursuant to ORS 339.250;

(iii)) Whose attendance patterns have been found to be so erratic that the students are not benefiting from the regular educational program; or

(iv) Who have had a second or subsequent occurrence within any three-year period of a severe disciplinary problem;

(B) Students identified pursuant to ORS 329.485 and OAR 581-022-1110(5) who do not meet the standards or who exceed all of the standards at any benchmark level;

(C) Students admitted to the district pursuant to ORS 339.115 who have not yet turned 21 prior to the start of the school year and who need additional instruction to earn a diploma in compliance with OAR 581-022-2000;

(D) Students whose parents or legal guardians apply for the student's exemption from compulsory attendance on a semiannual basis as provided in ORS 339.030 and OAR 581-021-0076; and

(E) Others who are individually approved for placement consistent with the district's board policies regarding the placement;

(b) Placement of a student in a public or private alternative education program may be made only if:

(A) The student is a resident of the district and the district has legal responsibility for the student's education consistent with ORS 327.006(7);

(B) After assessing the student's needs and interests and consulting with the parent or guardian, the district determines that the student is not benefiting, has not benefited, or will not benefit from attendance in other district schools or programs;

(C) The alternative program is determined by the district to best serve the student within local and state academic standards; and

(D) Placement in the program is made consistent with the student's education plan pursuant to 581-022-2000(5) and with district policies and procedures;

(c) Placement in a public or private alternative education program must be made with the approval of the student's resident school district and attending school district; and

(d) Payment to private alternative education providers must be the actual cost of the program or an amount at least equivalent to 80 percent of the district's estimated current year's average per student net operating expenditure, whichever is less.

(6) A school district must adopt policies and procedures for notification of students, parents or guardians of students of:

(a) The law regarding alternative education programs;

(b) The availability of existing alternative education programs; and

(c) The procedures for students, parents, or guardians of students residing in the district to request the establishment of new alternative education programs.

(7) School districts must include opportunities for participation by educators, community members, and parents or guardians in the development of policies and procedures under this rule.

(8) School districts must have policies and procedures in place to ensure that, for the purposes of making claims for state school funds;

(a) Students enrolled in a public school district and receiving instruction in the district's comprehensive planned K–12 curriculum consistent with OAR 581-022-2030 and who are individually placed by the school district in an alternative education programs are accounted consistent with 581-023-0006(7);

(b) Students supplementing home or private schooling by attending part-time and receiving less than comprehensive education from the district are accounted consistent with OAR 581-023-0006(6)(a);

(c) Students receiving online instruction are accounted consistent with reporting guidelines published in the Oregon Student Personnel Accounting Manual, and

(d) Activities claimed for state school funds and credits awarded in the alternative education program consistent with OAR 581-023-0008 are approved by the district and by the contract between a private alternative program and the district.

(9) School districts must have policies and procedures in place to ensure that data for each student in public and private alternative education programs are included in district reporting as required by ODE.

History

Statutory/Other Authority: ORS 326.051, 327.125, 336.625 & 336.645
Statutes/Other Implemented: ORS 327.006, 329.485, 336.615 - 336.665, 329.485, 339.115, 339.030 & 339.250
ODE 31-2022, minor correction filed 06/01/2022, effective 06/01/2022
Renumbered from 581-022-1350 by ODE 16-2017, f. & cert. ef. 7-5-17
ODE 25-2008, f. & cert. ef. 9-26-08
ODE 20-2007, f. & cert. ef. 9-10-07
ODE 12-2007, f. & cert. ef. 4-25-07
ODE 4-2003, f. & cert. ef. 3-14-03
ODE 2-1998, f. & cert. ef. 2-27-98
EB 18-1996, f. & cert. ef. 11-1-96

Or. Admin. R. 581-022-2510 Suicide Prevention Plan

(1) For purposes of this rule, “behavioral health crisis” means a disruption in an individual’s mental or emotional stability or functioning resulting in an urgent need for immediate treatment to prevent a serious deterioration in the individual’s mental or physical health.

(2) Each district school board shall adopt a policy requiring plan on student suicide prevention for students in kindergarten through grade 12.

(3) A plan required under this rule must include:

(a) All requirements set out in ORS 339.343;

(b) Supports that are culturally and linguistically responsive to the needs of students who are at higher risk of suicide and suicide ideation, including lesbian, gay, bisexual, transgender, queer and other minority gender identity and sexual orientation, Native American, Black, Latinx, and Asian students;

(d) A process for designating staff to be trained in an evidence based suicide prevention program. The Department of Education will provide a list of available programs.

History

Statutory/Other Authority: 2019 OL Ch. 172 (Enrolled SB 52) & ORS 339.343
Statutes/Other Implemented: 2019 OL Ch. 172 (Enrolled SB 52) & ORS 339.343
ODE 13-2020, adopt filed 04/23/2020, effective 04/23/2020

Or. Admin. R. 581-022-2515 Menstrual Dignity for Students

All public school districts and charter schools must comply with the requirements imposed upon education providers in ORS 329.545, OAR 581-021-0590, and OAR 581-021-0593.

History

Statutory/Other Authority: ORS 326.545
Statutes/Other Implemented: ORS 326.545
ODE 21-2023, adopt filed 10/23/2023, effective 10/24/2023

Division 23 SCHOOL FINANCE

Or. Admin. R. 581-023-0006 Student Accounting Records and State Reporting

(1) The following definitions and abbreviations apply to this rule:

(a) "Active roll" means the list of students enrolled and attending the school or program during the current school year;

(b) "ADA" means average daily attendance;

(d) "Alternative program" means any private or public alternative program providing instruction or instruction combined with counseling under ORS 336.635;

(e) “Class” means a separate group of students under the direction of a teacher.

(f) "Day in session" means a scheduled day of instruction during which students are under the guidance and direction of teachers;

(g) "Department" means the Oregon Department of Education;

(h) "Full school day" means the length of time a school or program is normally in session during the day in compliance with OAR 581-022-2320;

(i)“Full-day kindergarten program” means a program providing kindergarten that meets the standards and minimum number of hours of instruction set forth in OAR 581-022-2320 and is in session during the day in compliance with OAR 581-022-2320;

(j) "FTE" means full-time equivalency;

(k) “Half-day kindergarten program” means a program providing kindergarten that complies with the minimum hours of instruction in OAR 581-022-2320(5).

(l) "Inactive roll" means the list of students enrolled for purposes of credit but not attending the school or program. Includes students attending private alternative or Job Corps programs, students withdrawn after ten consecutive days' absence and students served on a tutorial basis outside the classroom;

(m) "Instruction" for purposes of reimbursement of alternative programs means all activities that are approved by the student's resident school district, consistent with Oregon's academic and career related learning standards, and designed to lead to student achievement of those standards, including participation in Oregon state assessment, where applicable.

(n) "Instructional unit" means a school or other organizational arrangement which provides instruction of a given type or types;

(o) "Intermediate group" means instruction provided to a student receiving a comprehensive instructional program consistent with OAR 581-022-1210 and individually placed by a school district in an alternative program approved by a school district to a class of six to 15 students;

(p) "Large group" means instruction consistent with OAR 581-022-2030 and provided to a student individually placed by a school district in an alternative program approved by a school district to a class of 16 or more students;

(q) "Nonpublic school" means instruction provided by an individual or institution listed in ORS 339.030 as exemptions to the compulsory attendance requirements set out in ORS 339.010.

(r) "Regular school program" means that which is offered to comply with the standards adopted by the State Board of Education and compulsory school attendance law. This does not include summer school, adult education, or pre-kindergarten programs;

(s) "Small group" means instruction provided to a student receiving a comprehensive instructional program consistent with OAR 581-022-2030 and individually placed by a school district in an alternative program approved by the school district to a class of two to five students;

(t) "Superintendent" means the State Superintendent of Public Instruction;

(u)(A) “Teacher” means:

(i) An appropriately licensed staff member with the responsibilities of a teacher in OAR 584-036-0011 or with the responsibilities of teacher described in the definition of a teacher in ORS 342.120; and

(ii) For purposes of private alternative education programs, an appropriately licensed or unlicensed staff member with the responsibilities of a teacher in OAR 584-036-0011 or with the responsibilities of teacher described in the definition of a teacher in ORS 342.120.

(B) “Teacher” does not include an “Educational Assistant” as defined by ORS 342.120 and OAR 581-037-0005 or “Instructional Assistant” described in 584-036-0011.

(v) "Tutorial" means instruction provided to a student receiving a comprehensive instructional program consistent with OAR 581-022-2030 and individually placed by a school district in an alternative program approved by a school district to one student.

(2) Instructions pertaining to the maintenance of student accounting records and state reporting shall be published by the Department.

(3) Each school district and ESD shall:

(a) Permanently maintain accounting records of student enrollment, attendance, membership, resident/nonresident status, and such other student information as may be required, for each student enrolled in regular school programs operating during the regular school year. Such records shall utilize uniform definitions of each student measure as stated in this rule;

(b) Designate the residency for school purposes, subject to the provisions of ORS 327.006 and 339.133 of each student enrolled in the district;

(c) Have in operation an attendance accounting system which is adequately controlled and enables the district's chief administrator to certify in writing the accuracy of reported data;

(d) Report enrollment, attendance, membership, and such other information as the Superintendent may require, within 15 days of the end of the collection periods. Reports for the period ending the first school day in October shall be submitted no later than November 15.

(e) Retain daily source records of enrollment, membership and attendance for a period of no less than two years. Records, whether paper or electronic, must be maintained in an accessible format.

(4) Students shall be entered and withdrawn from the district roll as follows:

(a) A student shall be entered on the district active roll on the first day of the student's actual attendance. A student with an excused absence of less than ten school days at the beginning of the school year may be counted in membership prior to the first day of attendance if the status has been verified by contact with the parent or guardian. A student participating in the program of more than one instructional unit shall be entered on the active roll of that instructional unit in which 50 percent or more of the student's time is scheduled and the student shall not be entered on the roll of other instructional units;

(b) A student whose withdrawal status can be determined within ten school days of their first day of absence shall be marked as a withdrawal on the school day following that determination. A student must be withdrawn from the active roll on the day following the tenth consecutive full school day of absence but may be retained on the inactive roll at the district's option. A student must be present for at least one-half day in order to restart the count of consecutive days' absence. Under no circumstances shall a student who is absent for the first ten days at the beginning of the school year be counted in membership prior to the first day of school attendance. A student whose attendance is reported as hours of instruction must be withdrawn from the active roll on the day following the tenth consecutive day of absence from the program in which they are enrolled. A student must be present for at least one hour of instruction in order to restart the count of consecutive days’ absence. A student who is enrolled in dual programs and reported as both days present/days absent and hours of instruction must be withdrawn according to the instructional unit in which fifty percent or more of the student’s time is scheduled. Under no circumstance shall a student who is absent for the first ten days at the beginning of the school year be counted in membership prior to the first day of school attendance.

(5) Membership and attendance accounting in instructional units scheduled to operate a full school day shall be recorded as follows:

(a) A full-time equivalency (FTE) for each student on the active roll shall be determined. Students participating in more than one-half of the full-day program shall be given an FTE of 1.0. Students participating in one-half or less of the full-day program shall be given an FTE of .5. The FTE computation of students placed in community college programs by the local school district shall include time spent in the community college program:

(A) Districts shall determine the FTE for kindergarten students based on whether the district provides a full-day kindergarten program or half-day kindergarten program as follows:

(i) For students in full-day kindergarten programs, districts shall give students 1.0 FTE for students participating in more than one-half of the full-day kindergarten program. Districts shall assign an FTE of 0.5 for students participating in one-half or less of the full-day kindergarten program;

(ii) Students in half-day kindergarten programs shall be assigned an FTE of 1.0. The Department shall proportionally reduce the total days membership of these students reflecting the permissible percentage as stated in statute;

(B) Students participating in district supervised work-study programs may be credited as 1.0 FTE. If a student is released for work during school hours and the district assumes no supervisory responsibility for the time involved, that time shall not be counted as participation in the full-day program when determining the student's FTE.

(b) Membership of each student for the period shall be computed as follows: student FTE times days present plus student FTE times days absent equals total days membership of the student. The day upon which a student is marked as a withdrawal shall not be counted as a day of membership. A student not scheduled to attend daily shall be marked present or absent only on the days the student is scheduled to attend;

(c) Total days membership of the instructional unit shall be the total of days membership of all students on the active roll of the instructional unit as computed in subsection (b) of this section. The computation of total days membership of the instructional unit shall yield subtotals indicating grade placement and resident/nonresident status of student membership;

(d) The Department shall compute the ADM and ADA of resident students, nonresident students, and attending students for each instructional unit reporting and derive totals of such data for each local school district in the state, subject to the following procedures:

(A) ADM is the total days membership of an instructional unit during a specific reporting period divided by the number of days the instructional unit was in session during that reporting period. The ADM of groups of instructional units having varying lengths of terms shall be the sum of the ADMs obtained for the individual instructional units. If a district school board adopts a class schedule that operates throughout the year under the provisions of ORS 336.012 for all or any instructional units in the district, the computation shall be made so that the resulting ADM will not be higher or lower than if the local board had not adopted such a schedule;

(B) ADA is the total days attendance of an instructional unit during a specific reporting period divided by the number of days the instructional unit was in session during that reporting period. The ADA of groups of instructional units having varying lengths of terms shall be the sum of the ADAs obtained for the individual instructional units. If a district school board adopts a class schedule that operates throughout the year under the provisions of ORS 336.012 for all or any instructional units in the district, the computation shall be made so that the resulting ADA will not be higher or lower than if the local board had not adopted such a schedule.

(6) Students enrolled in programs operating less than the full school day and nonpublic school students attending public schools part time shall be accounted for as follows:

(a) The ADM of students enrolled in schools under provisions of ORS 336.135 and students enrolled in nonpublic schools or taught by private teacher or parent under ORS 339.035 shall be computed by multiplying total hours of instruction given all students during the reporting period by .167 and dividing the product by 73 for the July 1 to December 31 cumulative report and by 175 for the June 30 annual report;

(b) The ADM of students receiving tutorial instruction provided by licensed district staff shall be computed by dividing total number of hours of tutorial instruction given (not to exceed 5 hours per week for a single student) by 73 for the July 1 to December 31 cumulative report and by 175 for the June 30 annual report;

(c) The computation of ADM for each less than full-time program listed shall yield subtotals for resident and nonresident students;

(d) The ADM of students enrolled in less than full-time programs shall be reported to the Department for the period ending December 31 and for the year ending June 30.

(e) No more than five day's membership may be claimed for any student enrolled in any combination of programs during a one-week period.

(f) The Department will proportionally reduce the ADM of kindergarteners enrolled in half-day programs to reflect the permissible percentage as stated in statute.

(7) A student enrolled in a public school district and receiving instruction in the district's comprehensive planned K-12 curriculum consistent with OAR 581-022-1210 and who is individually placed by the school district in an alternative education program under ORS 336.635 shall be accounted for as follows:

(a) The ADM of students enrolled in alternative programs scheduled to operate a full school day may be computed either on the basis of membership (section (5) of this rule) or on the basis of actual attendance (section (7)(b) of this rule);

(b) Equivalent ADM of students enrolled in alternative programs scheduled to operate less than full time shall be computed as follows:

(A) Equivalent ADM of students enrolled in large group instruction shall be computed by multiplying total hours of instruction given all students during the reporting period by a factor of .167 and dividing the product by 73 for the July 1 to December 31 period cumulative report and by 175 for the June 30 annual report;

(B) Equivalent ADM of students enrolled in intermediate group instruction shall be computed by multiplying the total hours of instruction given all students during the reporting period by a factor of .222 and dividing the product by 73 for the July 1 to December 31 period cumulative report and by 175 for the June 30 annual report;

(C) Equivalent ADM of students enrolled in small group instruction shall be computed by multiplying the total hours of instruction by a factor of .333 and dividing the product by 73 for the July 1 to December 31 period cumulative report and by 175 for the June 30 annual report;

(D) Equivalent ADM of students receiving individual instruction shall be computed by multiplying the total number of hours of tutorial instruction given by a factor of 1.0 and dividing the product by 73 for the July 1 to December 31 period cumulative report and by 175 for the June 30 annual report;

(E) Case management services (not limited to student contact) may be counted as large group instruction and constitute up to ten percent of equivalent ADM if specifically authorized by contract with the resident school district;

(F) Documented time in supervised work experience programs, supervised community service activities and supervised independent study, if performed as a part of the instructional programs designed to fulfill the student's educational goals, may be counted as large group instruction;

(G) Over any 20-day period, no more than 20 equivalent membership days may be claimed for any student receiving a combination of instructional services under paragraph (7)(b)(A), (B), (C) or (D) of this rule. Equivalent membership days for any student is equal to the hours of instruction given multiplied by the factor appropriate for the size of the instructional group.

(c) Students attending alternative programs part day and attending the home high school part day shall be reported by the home high school only, taking account of the total time spent in the alternative program and the home high school when determining FTE under section (5) of this rule;

(d) Students attending private alternative programs only, shall not be reported by the instructional unit placing the student for purposes of reporting membership or attendance.

(8) Each private alternative program shall:

(a) Maintain accounting records of student attendance, size of group attended, resident school district and such other student information as may be required by the contracting school district for each student attending the private alternative program;

(b) Report student name, dates served and hours served by group size to resident school district no less than twice yearly, once for the July 1 through December 31 period and an annual report ten days after the close of the school year; and

(9) Students in the following programs are not eligible to be counted in the resident average daily membership for purposes of ORS 327.013(7)(a):

(a) Students enrolled in special education programs under ORS 343.261, 343.961, and 346.010.

(b) Children enrolled in early intervention and early childhood special education programs under ORS 343.533;

(d) Students in summer school programs;

(e) Students in adult education classes.

(10) Rules governing the reporting of students identified as dropouts are contained in the most recent edition of the Oregon Dropout Reporting Manual, published by the Oregon Department Education. The State Board of Education adopts the procedures in this publication to govern the reporting of dropouts by school districts.

(11) For the purposes of dropout reporting, the following shall apply:

(a) A student is considered enrolled when the student is present at school and attends more than half of a school day;

(b) Acceptable alternative programs are those programs providing activities meeting OAR 581-023-0008 and provided by public school districts, ESDs, community colleges or private alternative programs registered with the Oregon Department of Education under OAR 581-021-0072;

(c) An absence, explained or unexplained becomes a withdrawal after an absence of 10 consecutive days. A student must be present for at least one-half day in order to restart the count of consecutive days absence;

(d) Standards for excused absences must be developed by local districts. Policies shall clearly define excused and unexcused absences and ensure the health and safety of the child. Parents shall be informed of the policies at enrollment. Policy should address the documentation required.

(12) The Superintendent shall prescribe the applicable student accounting procedures for any programs or specific situations not covered by the provisions of this rule.

History

Statutory/Other Authority: ORS 326.310 & 327.125
Statutes/Other Implemented: ORS 327
ODE 3-2021, amend filed 01/28/2021, effective 01/28/2021
ODE 38-2020, temporary amend filed 09/18/2020, effective 09/18/2020 through 03/16/2021
ODE 31-2020, amend filed 06/24/2020, effective 06/24/2020
ODE 19-2020, temporary amend filed 04/23/2020, effective 04/23/2020 through 10/19/2020
ODE 109-2019, minor correction filed 08/27/2019, effective 08/27/2019
ODE 2-2016, f. & cert. ef. 2-5-16
ODE 26-2009, f. & cert. ef. 12-10-09
ODE 23-2008, f. 8-28-08, cert. ef. 8-29-08
ODE 3-2007, f. & cert. ef. 2-21-07
EB 6-1996, f. & cert. ef. 4-25-96
EB 30-1992, f. & cert. ef. 10-14-92
EB 38-1988, f. & cert. ef. 9-22-88
EB 33-1987, f. & ef. 12-11-87
EB 18-1987(Temp), f. & ef. 8-4-87
EB 17-1987, f. & ef. 8-4-87
1EB 28-1986, f. & ef. 7-18-86
1EB 14-1985, f. 7-3-85, ef. 7-5-85
1EB 1-1981, f. 2-5-81, ef. 7-1-81

Or. Admin. R. 581-023-0006 Student Accounting Records and State Reporting

(1) The following definitions and abbreviations apply to this rule:

(a) "Active roll" means the list of students enrolled and attending the school or program during the current school year;

(b) "ADA" means average daily attendance;

(d) "Alternative program" means any private or public alternative program providing instruction or instruction combined with counseling under ORS 336.635;

(e) “Class” means a separate group of students under the direction of a teacher.

(f) "Day in session" means a scheduled day of instruction during which students are under the guidance and direction of teachers;

(g) "Department" means the Oregon Department of Education;

(h) "Full school day" means the length of time a school or program is normally in session during the day in compliance with OAR 581-022-2320;

(j) "FTE" means full-time equivalency;

(k) “Half-day kindergarten program” means a program providing kindergarten that complies with the minimum hours of instruction in OAR 581-022-2320(5).

(n) "Instructional unit" means a school or other organizational arrangement which provides instruction of a given type or types;

(q) "Nonpublic school" means instruction provided by an individual or institution listed in ORS 339.030 as exemptions to the compulsory attendance requirements set out in ORS 339.010.

(t) "Superintendent" means the State Superintendent of Public Instruction;

(u)(A) “Teacher” means:

(B) “Teacher” does not include an “Educational Assistant” as defined by ORS 342.120 and OAR 581-037-0005 or “Instructional Assistant” described in 584-036-0011.

(2) Instructions pertaining to the maintenance of student accounting records and state reporting shall be published by the Department.

(3) Each school district and ESD shall:

(b) Designate the residency for school purposes, subject to the provisions of ORS 327.006 and 339.133 of each student enrolled in the district;

(c) Have in operation an attendance accounting system which is adequately controlled and enables the district's chief administrator to certify in writing the accuracy of reported data;

(e) Retain daily source records of enrollment, membership and attendance for a period of no less than two years. Records, whether paper or electronic, must be maintained in an accessible format.

(4) Students shall be entered and withdrawn from the district roll as follows:

(c) Notwithstanding anything else in this rule, subsection (4)(b) of this rule is suspended for school districts, public charter schools, and Oregon School for the Deaf for the 2019-2020 and 2020-2021 school years or until the suspension is removed by order of the Director of the Oregon Department of Education. This provision does not apply to the Juvenile Detention Education Program or the Youth Corrections Education Program.