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State Board Proposed OARs

When an agency proposes to adopt, amend or repeal a rule, it shall give interested persons reasonable opportunity to submit data or views. Comments can be emailed.

Jennifer Donovan serves as the department’s hearing officer. The hearing will be recorded for permanent record. The hearing officer will open the hearing and read the OAR number and its intention or purpose. The hearing officer will ask those in attendance for oral testimony. Those individuals will be heard. If there is written testimony at this time, it will be submitted./p>

The hearing officer will adjourn the public hearing and will not respond to questions. After the close of the public comment period, the hearing officer will prepare a report to the state board which will be available from the department.

2019

October

Unless stated otherwise, public comments will be accepted until Oct. 17, 2019 at 9:00 a.m. and may be submitted via email. You may request a hearing on these rule proposals by emailing Rules Coordinator Cody Sibley. If you would like to request a public hearing on these rule proposals, please do so by Oct. 10, 2019. If you cannot attend a hearing, you may call in at (503)-947-0333. Please email ahead of time if you plan to call in for the hearing.

Future Farmers of America Summer Duty Extended Contract Grant
Adopt: 581-017-0601, -0604, -0607, -0610, -0613, & -0616

Note: The Oregon Department of Education will accept public comment for these administrative rules until Dec. 12, 2019 at 9 a.m. ODE will accept requests for public hearings for these administrative rules from Oct. 15 until Dec. 10, 2019.

In 2019, the Oregon legislature passed HB 2444, which appropriates $600,000 for teachers and their FFA summer duty contract / extended duty contracts. The intent HB 2444 is to improve graduation rates, college preparation and career placement for students enrolled within an ODE approved CTE - Agriculture Science and Technology Program of Study. These rules help to achieve the intent of HB 2444.

Restraint and Seclusion 
Amend: 581-021-0550, -021-0553, -021-0556, -021-0563, -021-0566 
Repeal: 581-021-0559 
Adopt: 581-022-2267 

Senate Bill 963 was signed into law by the governor with an effective date is July 1, 2019. This legislation changes the restraint and seclusion laws in Oregon public education programs. Rulemaking is necessary to update the restraint and seclusion rules to make them consistent with the new restraint and seclusion law and to further clarify some of the changes made to restraint and seclusion via SB 963. 

Educator Advancement Fund 
Adopt: 581-012-0001, -0003, -0005, -0007, -0009, -0011, -0013, -0015, -0017, -0019 

At the May 2019 SBE meeting, temporary rules were approved on behalf of the EAC; those rules are scheduled to expire in November 2019. In consultation with ODE's Government & Legal Affairs Manager, the EAC has made adjustment to the temporary rules, and requests SBE undertake permanent rulemaking on their behalf. Once approved, the EAC will begin robust stakeholder outreach for public comment. 

Rules Cleanup 
Repeal: 581-021-0059 
Amend: 581-021-0570 

The Oregon Department of Education is undergoing a holistic overview of its current administrative rules. OAR 581-021-0059 refers to district pilot programs that are no longer in place, so this rule needs to be repealed. OAR 581-021-0570 refers to complaint procedures and incorrectly references who a complainant may final an appeal with, so this rule needs to be amended.

September

Public Comments will be accepted until Aug. 15, 2019, at 9:00 a.m. and may be submitted via email. You may request a hearing on these rule proposals by emailing Rules Coordinator Cody Sibley. If you would like to request a public hearing on these rule proposals, please do so by Aug. 9, 2019. If you cannot attend a hearing, you may call in at (503) 947-0333. Please email ahead of time if you plan to call in for the hearing.

Removal of Chief Education Office References from Division 17 and Division 18
Amend: 581-017-0010; 581-017-0020; 581-017-0215; 581-017-0312; 581-017-0315; 581-017-0318; 581-017-0330; 581-017-0333; 581-017-0335; 581-017-0347; 581-018-0010; 581-018-0020; 581-018-0125; 581-018-0265; 581-018-0325; 581-018-0336; 581-018-0509; 581-018-0529; 581-018-0575; 581-018-0590

In 2015, the legislature passed SB 215, which eliminated the Oregon Education Investment Board and established the Chief Education Office with a sunset date of June 30, 2019. Now that the office is about to sunset, ODE needs to delete references to the Chief Education Office found throughout its rules.

April

Public Comments will be accepted until May 16, 2019 at 9:00 a.m. and may be submitted via email.

Hearings will be held in Room 400A of the Public Service Building at 255 Capitol St NE, Salem, OR. If you cannot attend the hearing, you may call in at (503)-947-0333. Please email ahead of time if you plan to call in for the hearing.

Early Intervention
Hearing: April 16, 2019 from 11:00 a.m. - 1:00 p.m.
Amend: OAR 581-015-2730, OAR 581-015-2774

Currently, public agencies must obtain parental consent before conducting initial evaluations or reevaluations for Early Intervention. These rules are being amended to require public agencies to obtain parental consent for screenings for Early Intervention.

Division 27 Rule Amendments
Hearing: April 16, 2019 from 11:00 a.m. - 1:00 p.m.
Amend: OAR 581-027-0005, -0010, -0015, -0020, -0023, -0025, -0030, -0035, -0040, -0045, -0050

Division 27 rules govern ODE’s School Construction Matching Programs such as the Oregon School Capital Improvement Matching Program and the Technical Assistance Grant Program. These rules are being amended based on stakeholder input to:

  1. Adjust how the Department calculates the grant award amounts
  2. Allow school districts more time to apply for some of the matching grant programs
  3. Expand the assessment requirements for these grants
  4. Tailor the long-range facility plan requirement to meet individual districts’ needs
  5. Strengthen the requirements for becoming certified assessors
Essential Skill Assessment for English Language Learners
Hearing: April 16, 2019 from 11:00 a.m. - 1:00 p.m.
Amend: OAR 581-022-2120

This rule establishes essential skill assessments for English language learners. It sets standards for a historically underrepresented population in Oregon, and these amendments are needed to broaden the assessment for English language learners.

Fund Administration
Hearing: April 17, 2019 from 10:00 a.m. - 10:30 a.m.
Amend: OAR 581-013-0015

The current rule states that funds that are apportioned to a school district or charter school for a given biennium must be used by the school district, charter school, or ESD in that biennium. Some school districts would like to use some of their funds to support summer programing. The proposed revision will allow districts to request permission from ODE to use a portion of their funds for summer programing when that summer straddles two biennia.

March

Public Comments will be accepted until May 16, 2019 at 9:00 a.m. and may be submitted to ODE.RuleTestimony@state.or.us.

Hearings will be held in room 400A in the Public Service Building at 255 Capitol St NE, Salem, OR. If you cannot attend the hearing, you may call in at (503)-947-0333.

Developmental Delay
Hearing: March 20, 2019 from 10:45-11:45 AM
Amend: OAR 581-015-2000, OAR 581-015-2700, OAR 581-015-2790, OAR 581-015-2805
Adopt: OAR 581-015-2126

In 2018, the legislature passed HB 4067, which expanded eligibility criteria for school-aged children to be under the classification of Developmental Delay. These rules were amended and proposed to comply with legislative changes.

Visual Impairment
Hearing: March 26, 2019 from 10:30 AM to 11:30 AM
Amend: OAR 581-015-2000, OAR 581-015-2180

The federal Office of Special Education Programs recently released guidance regarding eligibility guidelines for visual impairment. ODE is proposing the revisions to align with the federal guidance.

Fingerprinting and Background Checks
Hearing: March 28, 2019 from 10 AM to 11 AM
Adopt: OAR 581-021-0510, OAR 581-021-0511, OAR 581-021-0512, OAR 581-045-0584, OAR 581-045-0587
Amend: OAR 581-045-0586
Repeal: OAR 581-021-0500, OAR 581-021-0501, OAR 581-021-0503

As currently written, ODE’s fingerprinting rules lead to background checks that do not accurately reflect an individual's record. Specifically, issues with individuals receiving pardons by executive orders were still classified as convicted. These rules are being reformed to correct issues identified with pardons.

February

Public Comments will be accepted until March 21, 2019 at 9:00 a.m. and may be submitted via email. Hearing will be held February 19, 2019, from 11 a.m. to 12 p.m. in Room 400A of the Public Service Building at 255 Capitol St NE, Salem, OR. If you cannot attend the hearing, you can call in at (503)-947-0333.

Noncompetitive Farm-to-School Grant

OAR 581-017-0430

Under ORS 336.431, noncompetitive farm-to-school program grants are prohibited unless those foods met certain criteria established by the State Board of Education. This rule establishes criteria for schools and school districts to use noncompetitive farm-to-school program grants for purchases of certain foods.

2018

December

Public comment will be accepted until January 17, 2019 at 9:00 a.m.

Hearing will be held December 17, 2018 at 1:00 p.m. in Room 400A of the Public Service Building at 255 Capitol St NE, Salem, OR

Non-employment Fingerprint-based criminal
581-021-0501, 581-021-0503
Oregon statute requires fingerprint-based background checks for non-employee volunteers at school districts and private schools. These rules establish guidelines for fingerprint-based background checks.
Chronic Absenteeism
581-020-0631, 581-020-0634, 581-020-0637, 581-020-0640, 581-020-0643, 581-020-0646, 581-020-0649, 581-020-0652
These new rules define chronic absenteeism along with programs and strategies to implement to increase attendance in school districts.
Public comment will be accepted until January 17, 2019 at 9:00 a.m.
Hearing will be held December 18, 2018 at 1:00 p.m. in Room 400A of the Public Service Building at 255 Capitol St NE, Salem, OR (note different date from rules above)
Discrimination and Appeals Procedure Rules
Adopt: 581-002-1000, 581-002-1002, 581-002-1004, 581-002-1006, 581-002-1008, 581-002-1010, 581-002-1012, 581-002-1014, 581-002-0001, 581-002-0003, 581-002-0005, 581-002-0007, 581-002-0009, 581-002-0011, 581-002-0013, 581-002-0015, 581-002-0017, 581-002-0019, 581-002-0021, 581-002-0023
Repeal: 581-002-0040, 581-021-0049
Amend: 581-021-0045, 581-021-0556, 581-021-0570, 581-022-2330, 581-022-2370, 581-022-2410

The rulemaking proposes to amend the Oregon Department of Education’s appeals processes to achieve three ends:

  • To provide more streamlined and comprehensible processes for students and families and school district, educational service district, and departmental staff.
  • To provide more opportunities for departmental support to resolve complainants during the appeals processes, specifically with respect to claims alleging discrimination and restraint and seclusion; and
  • To provide more certain and immediate relief for students and families and quicker resolution for school districts.

The proposal is to divide the appeals process into two categories. Division 22 appeals would be processed largely the same way as they are processed now, as other than contested case proceedings under OAR 581-002-0040. Discrimination, restraint and seclusion, and retaliation appeals would be processed as contested case proceedings, with definite timelines for different steps in the process and ample opportunity for complainants and school districts to mediate.

The rulemaking is necessary, in part, due to the increased amount of appeals that the department processes. During 2010, the department processed fewer than 10 appeals. This year, to date, the department has processed over 50. Streamlining and consolidating processes is not only better for purposes related to transparency, but necessary for the department to perform its statutory duties in an efficient and effective manner.

Minimum Requirements for School Districts Sexual Harassment Policies
581-021-0038

The School Board has previously adopted OAR 581-021-0038, directing school district boards to adopt and make available policies that discuss the harassment of students and staff. This policy listed minimum requirements that the district should meet, and has been in place since August of 1999.

In 2018, the legislature adopted House Bill 4150, which directs the state board to adopt rules to address the requirements of current state law requiring third parties to be added, and specifics about information to students, parents, staff, and third parties to be shared once a complaint has been filed.

The revised rules represent the minimum requirements for the law in HB 4150, but provides the board with discretion to go beyond that law. This rule is currently a temporary rule, and it is in the process of becoming permanent.

October

Public comment will be accepted until October 18, 2018 at 9:00 a.m.

Hearing will be held October 9, 2018 at 1:00 p.m. in Room 400A of the Public Service Building at 255 Capitol St NE, Salem, OR

and October 15, 2018 at 9:00 a.m. in Room 400A of the Public Service Building at 255 Capitol St NE, Salem, OR

Dyslexia Related Teacher Training (Document 1, Document 2)

581-002-1800, 581-002-1805, 581-002-1810, 581-022-2440

These rules establish requirements for dyslexia related training for teachers. The rules provide details for the list of approved training opportunities. The rules also provide requirements for school districts regarding teacher training. They also provide for a waiver of the training requirements for districts.

September

Public comment will be accepted until October 18, 2018 at 9:00 a.m.

Hearing will be held September 20, 2018 at 1:30 p.m. in Room 400A of the Public Service Building at 255 Capitol St NE, Salem, OR

Sexual Harassment Policies

581-021-0038
The minimum requirements for School District Sexual Harassment Policies was originally adopted in 1999. In 2018 the legislature amended the law with HB 4150. The proposed changes align the rules to state law.

August

Public comment will be accepted until September 20, 2018 at 9:00 a.m.

Hearing will be held on August 20, 2018 at 1:30 p.m. in Room 400A of the Public Service Building at 255 Capitol St NE, Salem, OR

Required Instructional Time
581-022-2320
Proposed revisions to the instructional time rule to implement targeted flexibility options.
Operating Policies and Procedures
581-022-2305
School districts are currently required to report on specific standards to their communities and the Department of Education. This rule amendment would amend reporting dates and clarify that reporting is based on the preceding school year.

July

Public comment will be accepted until September 20, 2018 at 9:00 a.m.

Hearing will be held on July 23, 2018 at 1:30 p.m. in Room 400A of the Public Service Building at 255 Capitol St NE, Salem, OR

Higher Ed. Charter Sponsor Sunset

581-026-0005, 581-026-0100, 581-026-0500, 581-026-0600

These amended rules remove institutions of higher education as eligible charter school sponsors.

May

Public comment will be accepted until May 17th, 2018 at 9:00 a.m.

Hearing will be held on May 15, 2018 at 1:00 p.m. in Room 400A of the Public Service Building at 255 Capitol St NE, Salem, OR

Chronic Absenteeism
581-020-0630, 581-020-0633, 581-020-0636, 581-020-0639, 581-020-0642, 581-020-0645, 581-020-0648, 581-020-0651
These new rules define chronic absenteeism along with programs and strategies to implement to increase attendance in school districts.
Tribal Attendance
581-017-0373, 581-017-0375
The Tribal Attendance Pilot Project (TAPP) was approved for continuation in July of 2017. Rules amended to reflect the increased award amount and revision dates.
Interscholastic Activities
581-026-0005, 581-026-0700, 591-026-0705, 581-026-0710
HB 4036 modified the description of types of interscholastic activities that students attending a public charter school to have access to in their parental resident district and the frequency of the fees a district may charge. The rules clarify the grade levels, types of activities, fees, and frequency that the fees may be applied.

April

Public comment will be accepted until April 19th, 2018 at 9:00 a.m.

Hearings will be held on April 9, 2018 at 1:00 p.m. in Room 200A of the Public Service Building at 255 Capitol St NE, Salem, OR

Universal Screening for Risk Factors of Dyslexia OARs

581-002-1815, 581-002-1820, 581-002-1825, 581-022-2445

The Oregon Legislature has directed the Department of Education to adopt a list of approved screening tools for districts to screen for risk factors associated with dyslexia.

March

Public comment will be accepted until March 22, 2018, 9:00 a.m.
Hearings will be held on March 20, 2018 at 1:30 p.m. in Room 400A of the Public Service Building at 255 Capitol St NE, Salem, OR:

Essential Skills for English Learners
581-022-2120
Extend the suspension of the English language skills requirement for students demonstrating proficiency in the Essential Skills of reading and writing in their language of origin in order to ensure there is time for adequate stakeholder engagement in setting the final policy and timely notice for impacted students.
Autism Spectrum Disorder Definitions
581-015-2000
A Developmental History is an element for comprehensive special education evaluations to determine a student’s eligibility in the areas of ASD, Emotional Disturbance, Intellectual Disability, and Traumatic Brain Injury. Adding a definition of “Developmental History” will increase consistency in gathering pertinent information for evaluation decisions for all students, including historically underserved students.
Autism Spectrum Disorder Evaluation & Eligibility Criteria
581-015-2130
By adopting the ASD criteria utilized by DSM-5 and providing increased guidance in to the components of an ASD evaluation will enable evaluation teams to use a consistent method to establish an ASD eligibility for special education services which will positively impact all students including historically underserved students.

January

Public comment will be accepted on the following rules until January 18, 2018, 9:00 a.m. Hearing to be held January 16, 2018 at 1:00 p.m. in Room 400A at 255 Capitol St NE, Salem, OR.

House Bill 2016 African American/Black Student Success Grants
581-017-0550 through 0565
In an effort to improve outcomes in educational achievement, HB 2016 established the African American/Black Student Success Plan Grant fund which invests resources in programs and services for African American and Black students and families. Proposed rule changes to the Funding Process would ensure geographic diversity of awards and strengthen partnerships across the state.
Division 11 Textbook Adoption
581-011-0050 through 0090

HB 2257 requires the adoption of a new rule outlining the fee waiver request process for open educational resources submitted to the instructional materials evaluation and adoption process. Additional changes to OAR Division 11 related to textbook adoption require repealing an existing rule with the substantive content of the repealed rule would be amended in other rules.

District Diploma Requirements
581-022-2000

HB 2257 requires the adoption of a new rule outlining the fee waiver request process for open educational resources submitted to the instructional materials evaluation and adoption process. Additional changes to OAR Division 11 related to textbook adoption require repealing an existing rule with the substantive content of the repealed rule would be amended in other rules.

Veterans Diplomas
581-022-2005

House Bill 222 was passed by the 2017 Oregon State Legislature. It amended the requirements in ORS 332.114 Issuance of diplomas to veterans, removing the timeline for entry into the military. The statute now provides that local districts and public charter schools shall, upon request, award a diploma to veterans who did not earn one before serving in the military, who received an honorable discharge, and who reside in Oregon. A qualified Oregon veteran may request a diploma from the high school attended before enlistment, or from the high school in the district of residence. Adopting the Oregon Administrative Rule will provide clarity for districts implementing the revised statute.

2017

December

Public comment will be accepted on the following rules until January 18, 2018, 9:00 a.m. Hearing to be held December 21, 2017 at 1:30 p.m. in Room 400A at 255 Capitol St NE, Salem, OR.

Comprehensive School Counseling

581-022-0102, 581-022-1512, 581-022-2000, 581-022-2055, 581-022-2060

The language for Comprehensive School Counseling has changed over the past two decades. These amendments will update language to what is used nationwide and aligns with professional practice in the field of school counseling. These OARs were adopted in 1996 and then reviewed and revised in 2008.

November

Public comment will be accepted on the following rules until December 7, 2017, 9:00 a.m. Hearing to be held November 27, 2017 at 2:00 p.m. in Room 400A at 255 Capitol St NE, Salem, OR.

Vision Screening Reimbursement Program
581-021-0031
Senate Bill 187 (2017) directs the Department to adopt rules regarding vision screening to (1) create a process by which a person or nonprofit entity is designated by the Department of Education to provide vision screening and (2) establish the process for providing reimbursement to education providers to help cover the cost of vision screenings.
Approved Transportation Costs for Payments from the State School Fund
581-023-0040
Updates the non-reimbursable mileage rate.
Minimum Standard for School Busses & Retrofit Standards for Oregon School Buses
581-053-0240 and 581-053-0250
Update mileage rate for transportation costs, adopt and enforce rules related to school bus and school activity vehicle standards.
African American/Black Student Success Plan Grant Funding
581-017-0550, 581-017-0553, 581-017-0556, 581-017-0559
To support early learning hubs, providers of early learning services, school districts, and other institutions of education and community based organizations to expand and revise programs and services for African American and Black students.

October

Public comment will be accepted on the following rules until October 26, 2017, 9:00 a.m. Hearing to be held October 20, 2017 at 10:00 a.m. in Room 400A at 255 Capitol St NE, Salem, OR.

Dyslexia-Related Training Grants
581-022-1807
The proposed rule implements a grant program for dyslexia-related teacher training. The purpose ;of the grants is to offset costs incurred by districts in complying with dyslexia-related training requirements. The rule establishes guidelines for how the Department will administer the grant program. The rule establishes which entities are eligible to receive the grants. The rules establish reporting requirements for participating districts and charter schools.
Compliance and Reporting Standards
581-022-2305
Currently all school districts are required to report compliance with standards annually to communities. The rule amendment clarifies what this means by requiring districts to report to their school boards at a public meeting on post report on district web page.
Public Charter Schools
581-026-0005, 581-026-0700, 581-026-0705, 581-026-0710
SB 208 requires that districts allow students attending a public charter school to have access to interscholastic actives in their parental resident district. The district may charge fees for students who participate and charter schools must pay the fees. The rules clarify the types of activities, fees, and frequency that the fees may be applied.
Rules Implementing Ballot Measure 98
581-013-0005, 581-013-0010, 581-013-0015, 581-013-0020, 581-013-0025, 581-013-0030, 581-013-0035
The proposed amendments update the rules governing the program established by Ballot Measure 98 to reflect changes adopted by the Legislature during the 2017 session.

June

Public comment will be accepted on the following rules until August 24, 2017, 9:00 a.m. Hearing to be held July 21, 2017 at 9:30 a.m. in Room 400A at 255 Capitol St NE, Salem, OR.

Standards for K-12 Public Schools

581-018-0593, 581-018-0596, 581-018-0599, 581-018-0602, 581-018-0605, 581-018-0608

TeachOregon Grant

Sets parameters for the grant program focused on addressing the teacher shortage in Oregon with a focus on targeting bilingual/bicultural candidates.

May

Public comment will be accepted on the following rules until June 22, 2017, 9:00 a.m. Hearing to be held June 20, 2017 at 1:00 p.m. in Room 400A at 255 Capitol St NE, Salem, OR.

Standards for K-12 Public Schools

Repeal rules: 581-022-1362, 581-022-1363, 581-022-1365, 581-022-1366, 581-022-1367, 581-022-1368, 581-022-1370, 581-022-1371, 581-022-1372, 581-022-1364, 581-022-1020, 581-022-1030, 581-022-1215

Renumber rules: 581-022-1130 to 581-0225-2000, 581-022-1134 to 581-022-2010, 581-022-1133 to 581-022-2015, 581-022-1135 to 581-022-2020, 581-022-1131 to 581-022-2025, 581-022-1210 to 581-022-2030, 581-022-0413 to 581-022-2045, 581-022-1440 to 581-022-2050, 581-022-0610 to 581-022-2100, 581-022-0612 to 581-022-2110, 581-022-0615 to 581-022-2115, 581-022-0617 to 581-022-2120, 581-022-0711 to 581-022-2205, 581-022-0416 to 581-022-2210, 581-022-0421 to 581-022-2215, 581-022-0705 to 581-022-2220, 581-022-1420 to 581-022-2225, 581-022-1430 to 581-022-2230, 581-022-0606 to 581-022-2250, 581-022-1060 to 581-022-2255, 581-022-1660 to 581-022-2260, 581-022-1661 to 581-022-2265, 581-022-1670 to 581-022-2270, 581-022-0807 to 581-022-2300, 581-022-1610 to 581-022-2305, 581-022-1140 to 581-022-2310, 581-022-1340 to 581-022-2315, 581-022-1620 to 581-022-2320, 581-022-1310 to 581-022-2325, 581-022-1320 to 581-022-2330, 581-022-1630 to 581-022-2335, 581-022-1520 to 581-022-2340, 581-022-1530 to 581-022-2345, 581-022-1622 to 581-022-2350, 581-022-1640 to 581-022-2355, 581-022-1650 to 581-022-2360, 581-022-1941 to 581-022-2370, 581-022-1710 to 581-022-2400, 581-022-1720 to 581-022-2405, 581-022-1723 to 581-022-2410, 581-022-1724 to 581-022-2415, 581-022-1725 to 581-022-2420, 581-022-1730 to 581-022-2430, 581-022-1330 to 581-022-2500, 581-022-1350 to 581-022-2505, 581-022-0405 to 581-022-2510, 581-022-1510 to 581-022-2060

State law requires Oregon public schools to meet state standards as established by the State Board of Education. A school district that operates a school that does not meet standards may be found deficient by the Deputy Superintendent of Public Instruction who may impose sanctions on the school district. The revision of Division 22 began as a part of the ongoing mandate relief effort of the Department of Education.

581-021-0570
Complaints Procedures (Restraint and Seclusion)

Revisions update the complaint and appeal process for complaints involving Division 22 Standards, Restraint and Seclusion, Discrimination, and Retaliation. The proposed revisions are not required by legislation. The revisions are suggestions by ODE staff for making the complaint and appeal system more consistent, streamlined and user friendly.

Renumber 581-022-1940 to 581-002-0040
Complaints and Appeals (Appeal Procedure)

The rule establishes a timeline for the investigation that is approximately 90 days with a possibility of an extension where the complainant agrees to the extension.

Renumber 581-022-1941 to 581-022-2370
Complaints and Appeals Relating to School Districts and Public Schools

Rule clarifies what must be included and what may be included in the complaint procedure. Allows districts to include a time limitation on filing complaints and requires district to post complaint procedure on the website.

581-015-2000
Definitions for Special Education

Autism definition revised to align with Individuals with Disabilities Act(IDEA).

581-015-2130
Autism Spectrum Disorder Evaluation Criteria

Criteria used to establish autism spectrum disorder special education criteria.
Comment period on this rule has been extended to October 26, 2017 9:00 AM

581-015-2150
Hearing Impairment Special Education Criteria

Infants diagnosed with minimal hearing losses would be able to access early intervention special education supports early in the child’s life likely preventing delays in language and communication development.

581-022-1723
Teacher and Administrator Evaluation and Support

The requirements for district educator evaluation systems outlined in the rule are currently aligned with Oregon’s No Child Left Behind (NCLB) waiver which expired in August 2016. Revision of the OAR is necessary to align the rule with the vision of educator evaluation described in Oregon’s Every Student Succeeds Act (ESSA) state plan.

581-002-0090
Accountability Reporting Advisory Committee

Broadens a school district’s ability to appeal accountability data for unusual or extraordinary circumstance, increasing accuracy of reported data.

April

Public comment will be accepted on the following rule until May 25, 2017, 9:00 a.m. Hearing to be held May 23, 2017 at 9:30 a.m. in Room 400A at 255 Capitol St NE, Salem, OR.

Oregon School Capital Improvement Matching Program

581-027-0010, 581-027-0015, 581-027-0020, 581-027-0025, 581-027-0030, 581-027-0035, 581-027-0040, 581-027-0045, 581-027-0050

Implement statutory requirements to add long-range facility plans and facility assessments to the Oregon School Capital Improvement Matching Program applications.

Public comment will be accepted on the following rule until May 25, 2017, 9:00 a.m. Hearing to be held May 23, 2017 at 9:30 a.m. in Room 400A at 255 Capitol St NE, Salem, OR.

Child and Adult Care Food Program Appeals Decisions

581-051-0120 and 581-051-0125

Federal law prescribes appeal procedures for Department decisions regarding child and adult care food program appeals. This rule authorizes the Department to follow these procedures and the State's Administrative Procedures Act.

Public comment will be accepted on the following rule until May 25, 2017, 9:00 a.m. Hearing to be held May 23, 2017 at 9:30 a.m. in Room 400A at 255 Capitol St NE, Salem, OR.

Administration of Prescription and Nonprescription Medication to Students

581-021-0037

Addresses internal inconsistencies, makes the rule more user friendly and clarifies requirements to address common questions and concerns from the field.

March

Public comment will be accepted on the following rule until April 27, 2017, 10:00 a.m. Hearing to be held April 21, 2017 at 9:30 a.m. in Room 400A at 255 Capitol St NE, Salem, OR.

District Curriculum
581-022-1210

Oregon's Comprehensive Guidance and Counseling Framework was originally adopted in 2003, and the school counseling student standards were embedded. This amendment adds the school counseling student standards for Comprehensive School Counseling to the Common Curriculum Goals and academic content standards for the planned K-12 instructional program, and aligns with the work currently underway to adopt standards in all other content areas.

Public comment will be accepted on the following rule until April 27, 2017, 10:00 a.m. Hearing to be held April 21, 2017 at 9:30 a.m. in Room 400A at 255 Capitol St NE, Salem, OR.

Physical Exams
581-021-0041

In 2001, ORS 336.479 was passed regulating the process and content for physical examination prior to participation in extracurricular sports by student in grades 7 through 12. Each school district is directed to require student who participate in extracurricular sports to have physical examination prior to participation. The physical examination must be conducted by a physician, naturopathic physician, physician assistant, nurse practitioner or chiropractic physician who has clinical training and experience in detecting cardiopulmonary diseases and defects. Recently, the OSAA SMAC conducted a process to review and revise the form and protocol to reflect current best practices.

Public comment will be accepted on the following rule until March 23, 2017, 9:00 AM. Hearing will be held on March 21, 2017, at 9:00 AM in Room 400A at 255 Capitol St NE, Salem, OR.

Essential Skills for English Language Learners
581-021-0617

During the 2016-2017 school year, Oregon’s English Language Proficiency Assessment was replaced with the ELPA21. This new assessment produces results in a different form than the previously administered English language proficiency assessment, therefore at this time no students can be eligible for this support under current OAR criteria. In order to ensure that students who are pursuing graduation in the 2016-2017 and 2017-2018 school years are not negatively impacted during this test transition, ODE is submitting a revision of OAR 581-022-0617. The revision removes the English proficiency assessment score requirement for students pursuing graduation in the 2016-2017 and 2017-2018 school years, thus allowing a student to demonstrate proficiency in reading and writing Essential Skills in the student’s language of origin if the student meets all the other criteria:

  1. Is on track
  2. Is unable to demonstrate proficiency in the Essential Skills in English; and
  3. Has been enrolled in C. U.S. school for five years or less.

February

Public comment will be accepted on the following rule until February 23, 2017, 9:00 AM. Hearing will be held on February 21, 2017, at 1:00 PM in Room 400A at 255 Capitol St NE, Salem, OR.

School Capitol Matching Program

581-027-0005; 581-027-0010; 581-027-0015; 581-027-0020; 581-027-0025; 581-027-0030; 581-027-0035; 581-027-0040; 581-027-0045; 581-027-0050

Modifies rules relating to School Capital Matching Program and Technical Assistance Grant Program. Modifications include definitions, school district eligibility for programs and prioritization.

January

Public comment will be accepted on the following rule until February 23, 2017, 9:00 AM. Hearing will be held on January 30, 2017, at 9:30 AM in Room 400A at 255 Capitol St NE, Salem, OR.

Implements Ballot Measure 98: The High School Graduation and College and Career Readiness Act

581-013-0005;581-013-0010; 581-013-0015; 581-013-0020; 581-013-0025; 581-013-0030; 581-013-0035

The rules implement Ballot Measure 98 (2016) which established the High School Graduation and College and Career Readiness Act. The rules establish guidelines for how the Department of Education will administer the High School Graduation and College and Career Readiness Fund. The rules establish eligibility requirements for school districts and public charter schools to receive money from the High School Graduation and College and Career Readiness Fund. The rules also establish the reporting, monitoring, and technical assistance process.

Public comment will be accepted on the following rule until January 26, 2017,9:00 AM. Hearing will be held on January 23, 2017, at 1:30 PM in Room 400A, Public Service Building, 255 Capitol Street NE, Salem, OR.

Dyslexia Related Teacher Training

Adopt 581-002-1800; 581-002-1805; 581-002-1810; 581-022-2440

These rules establish requirements for dyslexia related training for teachers. The rules provide details for the list of approved training opportunities. The rules also provide requirements for school districts regarding teacher training. They also provide for a waiver of the training requirements for districts.

2016

November

Public comment will be accepted on the following rule until December 8, 2016,9:00 AM. Hearing will be held on November 21, 2016, at 1:30 PM in Room 400A, Public Service Building, 255 Capitol Street NE, Salem, OR.

English Language Learners District and School Improvement Draft

Adopt 581-020-0613, 581-020-0621, 581-020-0624

Amend 581-020-0600, 581-020-0603, 581-020-0606, 581-020-0609, 581-020-0612, 581-020-0615

The rules amend and add to the previously adopted rules for identification of school districts for improvement. In addition to some technical amendments, three new rules were added to the previous rules: First, HB 3499 directed that the Department provide technical assistance individually to transformational districts. The new rule establishes the phases and a framework for this technical assistance. Secondly, HB 3499 directed that if after four years a transformation or target district has not met the expected improvement in student progress indicators or the expected benchmarks, the Department must direct how districts will expend monies received from the State School Fund for ELL students. The rules include a framework that the Department must follow when directing a district on the expenditure of these funds. Finally, HB 3499 directed that the State Board adopt rules relating to certain best practices for ELL students. The rules include a direction that the Department create an online resource bank for sharing national, state and local best practices in serving ELL students and engaging parents of ELL students. The rules also specify that these best practices be evidence based.

August

Public comment will be accepted on the following rule until August 16, 2016,5:00 PM. Hearing will be held on August 11, 2016, at 1:00-3:00 PM in Room 401, Public Service Building, 255 Capitol Street NE, Salem, OR.

Healthy and Safe Schools Plan 8-5-16
581-022-02223

Proposed new rule and revisions to existing rule would give Department of Education authority to require school districts, public charter schools and ESDs to (1) develop a plan to ensure that recommendations from leading regulatory authorities on clean air, clean water and healthy environments are implemented to ensure our students and school district staff have a safe and healthy environment; and (2) make information available to the community.

Facilities-safety-and-Emergency-Planning-6-20-16
581-024-0275

Proposed new rule and revisions to existing rule would give Department of Education authority to require school districts, public charter schools and ESDs to (1) develop a plan to ensure that recommendations from leading regulatory authorities on clean air, clean water and healthy environments are implemented to ensure our students and school district staff have a safe and healthy environment; and (2) make information available to the community.

June

Public comment will be accepted on the following rules until June 23, 2016, 9:00 AM. Hearing will be held on June 22, 2016, at 10:00 a.m. in Room 200A, Public Service Building, 255 Capitol Street NE, Salem, OR.

Post graduate scholar program
581-021-0576; 581-021-0579; 581-021-0582

SB 1537 established a new program that school districts may choose to participate in the post graduate scholar program. The rules establish the criteria for implementing post-graduate scholar programs and eligibility of students participating in these programs. The rules also define key terms used in the program.

School construction matching program
581-027-0030; 581-027-0035; 581-027-0040; 581-027-0045; 581-027-0050

The Department of Education is setting standards and procedures for the distribution of technical assistance grants to school districts for facilities assessments, long-range facility plans, and seismic assessments. The grants are up to $20,000 for facilities assessments and up to $25,000 each for long-range facility plans and seismic assessments. All districts qualify for these technical assistance grants. The rules also establish requirements to become certified contractor for purposes of technical assistance grants.

Charter schools opening within another district
581-026-0600

Creates procedure for a school district to file a complaint against a public charter school that has opened a school or facility within school district without providing the school district written notice prior to the first day students attend classes at the school or receive instruction at the facility.

May

Public comment will be accepted on the following rule until June 23, 2016, 9:00 AM. Hearing will be held on May 23, 2016, at 10:00 a.m. in Room 200A, Public Service Building, 255 Capitol Street NE, Salem, OR. 97310

Compulsory School Age

581-021-0026; 581-021-0029
The legislature lowered the compulsory school age from 7 to 6 in 2015. The rule amendments adjust the references to compulsory school age to reflect this change.

March

Public comment will be accepted on the following rules until April 14, 2016, 9:00 AM. Hearing will be held on March 29, 2016, at 9:00 a.m. in Room 200A, Public Service Building, 255 Capitol Street NE, Salem, OR. 97310

Oregon State Seal of Biliteracy
581-021-0580, 581-021-0582, 581-021-0584

Establishes requirements for Superintendent of Public Instruction to award Oregon State Seal of Biliteracy to graduation public school students.

School Construction Matching Program
581-027-0005, 581-027-0010, 581-027-0015, 581-027-0020, 581-027-0025

Establishes funding formula, priority list and first in time application method to award grants from the Oregon School Capital Improvement Matching Account.

February

Public comment will be accepted on the following rules until March 3, 2016 Hearing will be held on February 22, 2016, at 11:00a.m. in Room 200A, Public Service Building, 255 Capitol Street NE, Salem, OR. 97310

January

2015

November

October

September

August

Training requirements for safety of School Sports relating to concussions

581-022-0421

January

Prohibits Public Schools from using Native American Mascots

541-021-0047

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