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Division 22 Assurance of Compliance

WHAT ARE THE DIVISION 22 STANDARDS?

The rules contained in Oregon Administrative Rules (OARs) Chapter 581, Division 22 are the educational standards that the Oregon Legislature or the State Board has determined must be met in order to be a standard school district. Compliance with the Division 22 Standards ensures every student in Oregon public schools is provided with a baseline level of service. The Division 22 Standards can be found on the Secretary of State’s Oregon Administrative Rules Database.

ACCOUNTABILITY

Division 22 is unique because the Legislature has directed the Deputy Superintendent of the Oregon Department of Education to enforce the Division 22 Standards through a process set out in statute. The statutory process explicitly directs ODE to provide school districts with coaching and an opportunity to correct any areas of noncompliance before withholding state school funds. Under the statute, school districts are presumed to be in compliance until a deficiency is found. Once a deficiency is found, the district is required to submit an approved plan to come back into compliance by the beginning of the next school year. During this process, ODE is directed to reach out to the district to offer technical assistance, and the ODE Deputy Superintendent may grant an extension of up to 12 months if the deficiencies cannot be corrected before the beginning of the next school year. If the district fails to come back in compliance by the beginning of the next school year or following an extension, the Deputy Superintendent “may withhold portions of State School Fund moneys otherwise allocated to the school district for operating expenses until such deficiencies are corrected unless the withholding would create an undue hardship. . . .” ORS 327.103.

MONITORING COMPLIANCE

ODE monitors compliance with Division 22 Standards through three processes:

PROCESS

DESCRIPTION

ONGOING COACHING AND PROFESSIONAL LEARNING

In its ongoing work with districts, ODE is continually monitoring where there might be gaps or misunderstandings about the standards. ODE staff provide coaching, support, and learning opportunities to districts as appropriate.

COMPLAINTS

Every district is required to have a complaint process. A parent or guardian of a student, a student, or a person who resides in the district may file a Division 22 Standards complaint. Division 22 Standards complaints are filed first at the district level and then may be appealed to ODE using the process outlined on the ODE website. 

ASSURANCES 

The Division 22 Standards assurances process is governed by OAR 581-022-2305: Operating Policies and Procedures. Districts are required to provide an assurance report to the community in a school district board meeting and post the report on the district website. Districts must then submit the assurances to ODE. For each Division 22 Standard, the district either certifies that the district is in compliance or states that the district is out of compliance and proposes corrective action. Once ODE has received all of the assurances, staff go through a process of reviewing and following up with districts that have self-reported non-compliance with one or more Division 22 Standards.

DIVISION 22 ASSURANCES PROCESS

Each year, districts report to their community on their compliance with all Division 22 Standards for Public Elementary and Secondary Schools by making a presentation to the local School Board as set forth in OAR 581-022-2305: District Assurances of Compliance with Public School Standards. After districts have made their report at the local level, they then submit their assurances to the Oregon Department of Education. This annual practice is one way we publicly commit to providing a high-quality educational experience for students in our care. It provides an opportunity for school districts to demonstrate compliance with rigorous standards, reflect on areas in need of attention and alignment, and plan for how to address them. As part of our shared responsibility to provide quality service for our students and communities, this system promotes reciprocal accountability between school districts and the Oregon Department of Education (ODE).

Standards and Assurances for the 2020-21 School Year
On September 17, 2020 the State Board of Education adopted OAR 581-022-0104: State Standards for the 2020-21 School Year. While the vast majority of Division 22 OARs remained in effect for the 2020-21 school year, subsections of multiple rules were waived and/or modified. These include instructional time, personalized learning requirements for the diploma and modified diploma, vision and hearing screening requirements, and weekly minimums for PE minutes. Finally, the rule created one new standard wherein school districts and public charter schools must comply with the Ready Schools, Safe Learners Guidance. Full details about the changes can be found in the text of OAR 581-022-0104: State Standards for the 2020-21 School Year.

By November 1, 2021, school district superintendents are to report to their local School Board on the district's compliance with all Division 22 Standards in effect for the 2020-21 school year and to post the Division 22 Community Report for the 2020-21 school year on their district website. ODE also recommends that superintendents inform School Boards if there have been any recent changes in policy or practice that may take the district out of compliance with any of the Division 22 Standards during the current school year (2021-22). After completing the local reporting process, districts will complete and submit to the Oregon Department of Education (ODE) the annual Elementary and Secondary Schools Assurance Form by November 15, 2021. The November 2021 Division 22 Community Report Template and ODE's Online Assurances Form, linked in the Resources for Districts section below, reflect the changes for the 2020-21 school year created through OAR 581-022-0104.

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 for the Essential Skills graduation requirement for the Class of 2022, as waived by OAR 581-022-0106: State Standards for the 2021-22 School Year. Additionally, school districts must submit a plan for operation during the 2021-22 school year to the department. 

Division 22 Waivers
To address an immediate concern or need, a school district may request a waiver of a specific Division 22 standard under OAR 581-002-0035.  The State Board of Education may grant a waiver for up to one year. For more information about the process of requesting a waiver, please contact Susan Payne, ODE's Education Standards and Systems Specialist. 

RESOURCES FOR DISTRICTS

The following resources have been developed by ODE to support districts in completing the 2021 Division 22 Assurances Process:

The following resources will be available by September 20, 2021:
  • Translated versions of the Community Report Template *New for 2021

Please direct any questions regarding Division 22 and the Division 22 Assurances Process to Division22@ode.state.or.us or contact Susan Payne, Education Standards and Systems Specialist at (503) 580-6814.



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