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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. Email comments to ODE.

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.

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.

2020

May

The State Board of Education will hear the following rule proposals as first reads on May 21, 2020. State Board materials are posted to the State Board’s online boardbook approximately one week prior to each meeting.

ODE will hold a public hearing on the proposed rules on May 28, 2020, at 3:00 p.m. To support the recommendations for social distancing, the State Board of Education will conduct the May 28, 2020, meeting by video conference. You can join by video conference. To join by phone, dial (Toll Free): 1 866 899 4679; access code: 448-794-061.

The State Board will vote to adopt the proposed rules on June 18, 2020. State Board materials are posted to the State Board’s online boardbook approximately one week prior to each meeting.

We welcome your comments on the proposed rules. If you would like to submit public comment on the proposed rules, you may:

Sexual Conduct Investigations and Abuse Notifications
Proposed new rules to be adopted: OAR 581-055-0001 to -0017

Statement of Need: ORS 339.391 directs the State Board of Education to adopt rules for investigation when the Department of Education receives a report of suspected sexual conduct by nonlicensed persons. These rules establish the administration of investigations including requirements for notice, appeals, and confidentiality of documents, materials, and reports.

Registration of Private Alternative Education Programs
Proposed revised rule to be adopted: OAR 581-021-0072

Statement of Need: ORS 336.625 directs the State Board of Education to adopt a process for registering private alternative education programs including requirements and laws applicable to private alternative education programs. The amendment proposed provides flexibility in receipt of registration and renewal applications of private alternative education programs.

Minimum Requirements for School District Sexual Harassment Policies
Proposed revised rule to be adopted: OAR 581-021-0038

Statement of Need: ORS 342.704 requires the State Board of Education to adopt by rule minimum requirements for district policies on sexual harassment of students, staff members, and third parties. The proposed amendments include the following: adding “sexual assault” as defined in the ORS to the definition of sexual harassment, and clarifying what sexual harassment is not; adding an amnesty policy related to discipline for drug and alcohol use that is reported or discovered in connection with a sexual harassment investigation, except in specific circumstances as described in the ORS; clarifying staff’s responsibility to report harassment of which they become aware, and the obligations of the school to support impacted parties as required in the ORS; clarifying notification requirements for reporting persons, and adding notification requirements for impacted and reported persons; and provides a clearer logical order.

Rules to Implement Department’s Guidance in accordance with EO 20-20
Proposed revised rules to be adopted: OAR 581-002-0035; OAR 581-015-2045; OAR 581-016-0710; OAR 581-021-0584; OAR 581-022-0103; OAR 581-023-0006

Statement of Need: On March 8, 2020, Governor Brown declared an emergency under ORS 401.165 et seq. due to the public health threat posed by the novel infectious coronavirus (COVID-19). On March 17, Governor Brown issued Executive Order 20-08 (E.O. 20-08). On April 23, Governor Brown issued Executive Order 20-20 (E.O. 20-20), which rescinded and replaced E.O 20-08. E.O. 20-20 directs the Department to provide further guidance to public schools regarding the directives set forth in that order. The order also directs the State Board of Education, in collaboration with the Department, to “engage in any temporary rulemaking necessary to facilitate the directives in [E.O. 20-20], and the ability of public schools to respond to the ongoing emergency.” In order to implement E.O. 20-20 and assist public schools in responding to this emergency, the Department of Education has issued a significant amount of guidance to the field, including Distance Learning for All, Graduation Pathways 2020, and Enrollment of Students During the Physical Closure of Schools. The proposed rules are necessary to implement the Department’s Guidance issued in accordance with EO 20-20.

April

The State Board of Education will hear the following rule proposals as first reads on April 16, 2020. State Board materials are posted to the State Board’s online boardbook approximately one week prior to each meeting.

ODE will hold a public hearing on the proposed rules on April 23, 2020, at 11:00am. To support the recommendations for social distancing, the State Board of Education will conduct the March 26, 2020 meeting by video conference. You can join by video conference. To join by phone, dial (Toll Free): 1 877 568 4106; access code: 938-333-869.

The State Board will vote to adopt the proposed rules on May 21, 2020. State Board materials are posted to the State Board’s online boardbook approximately one week prior to each meeting.

We welcome your comments on the proposed rules. If you would like to submit public comment on the proposed rules, you may:

Competitive Oregon Farm-to-School Program Technical Assistance Grants
Proposed new rule to be adopted OAR 581-017-0448

Statement of Need: ORS 336.431 directs the Department to administer a noncompetitive and competitive grant program for farm to school programs. The statute also directs the Department to ensure that technical assistance, training and resources are provided to grant recipients and to any other entities that would contribute to the success of the program, by entering into an agreement with one or more statewide, regional or community partners to provide the technical assistance, training and resources. The proposed rules establish the technical assistance grant program.

American Indian Alaska Native Student Success Grant
Proposed new rules to be adopted: OAR 581-017-0640 to 581-017-0655

Statement of Need: ORS 329.843 directs the Department of Education to develop and implement a statewide education plan for students enrolled in early childhood through post-secondary education who are American Indian or Alaskan Native and have experienced disproportionate results in education due to historical practices. The Department is further directed to, in consultation with the advisory group, award grants to early learning hubs, providers of early learning services, school districts, education service districts, post-secondary institutions of education, tribal governments and community-based organizations to implement the strategies provided in the plan. The proposed rules implement that grant program.

Statewide English Learner Plan Grants and Investments
Proposed permanent rules to be adopted: OAR 581-020-0600, -0601, -0606, and -0626

Statement of Need: The Department of Education regularly reviews grant programs and administrative rules to ensure compliance with State law. The Department is requesting and recommending the State Board adopt the proposed administrative rules to make clear that the Department has authority to continue to administer the grant program that provides funding to house Teachers on Special Assignment at five ESDs around the State to support districts that have fewer than twenty English learners and who have traditionally been underserved.

ELL District and School Improvement
Proposed revised rules to be adopted: OAR 581-020-0603, -0612, -0613, -0615, and -0621

Statement of Need: Under ORS 336.079, districts that are not meeting objectives and the needs of students eligible for and enrolled in an English language learner program are provided with four years of technical assistance from the department. Districts that do not meet the expected growth and benchmarks for student progress indicators will have their English learner program funding directed by the department for up to three years. As the first four years of technical assistance concludes, a comprehensive, robust evaluation of district progress toward meeting the objectives and needs of English learners is needed, taking into account implementation metrics such as program and instruction indicators. ODE proposes a revision of the administrative rules defining district progress indicators to include measures of program and instruction, in addition to the existing student outcome indicators.

Accelerated College Credit Instructor Grant Program
Proposed new rules to be adopted: OAR 581-017-0640 to 0650

Statement of Need: ORS 340.320 directs the Oregon Department of Education, in collaboration with the Higher Education Coordinating Commission, to administer the Accelerated College Credit Instructor Grant Program. The proposed rules relate to the grant program.

March

The State Board of Education will hear the following rule proposals as first reads on March 19, 2020. ODE will hold a public hearing on the proposed rules on March 26, 2020, at 1:00-2:00 pm, at 255 Capitol Street NE. The State Board will vote to adopt the proposed rules on April 16, 2020. State Board materials are posted to the State Board’s online boardbook approximately one week prior to each meeting.

We welcome your comments on the proposed rules. If you would like to submit public comment on the proposed rules, you may:

  • Attend the Administrative Rules Hearing on March 26, 2020, from 1:00-2:00pm, at 255 Capitol Street NE, Salem, OR and provide testimony. Contact Government and Legal Affairs Manager Emily Nazarov if you have questions about that hearing.
  • Attend a State Board of Education meeting and provide public comment. In formation on board meetings and providing public comment is available here.
  • Submit your comments in writing to the ODE Rules Coordinator.
  • Submit your comments to the State Board of Education.
Youth Reengagement System and Grants
Adopt: OAR 581-017-0651 to 0655

In ORS 417.859, the State Board of Education, in collaboration with the Youth Development Council, is directed to establish by rule criteria for a school district or other entity to receive funding for eligible youths participating in a youth reengagement program. These rules establish the finding criteria for grants to be awarded by the Youth Development Council to reengagement programs.

School Safety and Prevention System
Adopt: OAR 581-029-0001

In ORS 327.254, the Department of Education is directed to use moneys from the Statewide Education Initiatives Account to provide funding for statewide education initiatives, including establishing and maintaining a Statewide School Safety and Prevention System under 339.341. These rules establish the requirements for a school safety and prevention specialist.

Early Indicator and Intervention System
Adopt: OAR 581-017-0635 to 0643

In ORS 327.367, the Department of Education is directed to award grants from the Statewide Education Initiatives Account to school districts to implement an early warning system that assists students in graduating from high school. These rules establish the criteria for the Early Indicator and Intervention System Grants.

February

The State Board of Education will hear the following rule proposals as first reads on February 20, 2020 at 255 Capitol St NE, Salem, OR. If you would like to submit public comment, please email it by March 19, 2020. If you would like to request a public hearing, please do so by emailing Government & Legal Affairs Manager Emily Nazarov.

Administration of Medication Revisions to Implement SB 665
Amend: 581-021-0037

SB 665 directs the state board of education to adopt rules for the administration of Nalaxone or any similar medication that is designed to rapidly reverse opiod overdose. The proposed revisions add Nalaxone to the current rule relating to the administration for medication in the school setting.

Farm-to-School Grants
Amend: 581-017-0430, -0432, -0435, -0438, -0441, -0444, & -0447

Enrolled HB 2579 (2019) amended ORS 336.431, the statute which established and authorized Oregon’s farm-to-school (F2S) program grants. These amendments modified the noncompetitive F2S procurement grant, which assists school districts with paying costs incurred purchasing Oregon produced or processed foods, and the competitive F2S education grant, which provides eligible entities with grants to provide students with food-based, agriculture-based, or garden-based educational activities. Specifically, the enrolled bill expanded the number and type of entities eligible for both the noncompetitive and competitive F2S grants, and the costs grant recipients can pay with grant funds.

Student Investment Account Rules Updates
Scheduled Hearing: January 31, 2020 in ODE 400A at 255 Capitol Street NE, Salem OR 97310 from 1:00-2:00 p.m.

Adopt: 581-014-0001, -0004, & -0007
In October 2019, the State Board of Education adopted three temporary rules related to SIA definitions, distribution, and charter school eligibility. Those rules are effective only until April 20, 2020. This topic is necessary to begin the process to adopt permanent rules. The permanent rules may be different from the temporary rules due to new information/public comment received since the temp rules were adopted. For example, the perm rules will probably include a new provision on indirect rates.

Student Success Act School Nutrition Rules
Scheduled Hearing: January 31, 2020 in ODE 400A at 255 Capitol Street NE, Salem OR 97310 from 1:00-2:00 p.m.

Adopt: 581-014-0001, -0004, & -0007
In 2019, the Oregon legislature passed HB 3427, the Student Success Act. As part of this law, districts will have expanded access to fund their school nutrition programs. These OARs establish guidelines to fund the different nutrition programs.

Special Education OAR Revisions
Amend: 581-015-2000, -2145, -2150, -2700, -2780, -2035, -2140, -2540, -2550, -2555, -2775, -2790, -2115, -2135, -2155, -2160, -2165, -2170, -2175, -2120, -2127, & -2180; 581-016-0526 and 581-023-0100

Repeal: 581-016-0740
In 2019, the Oregon Legislature passed SB 13 and SB 16. In addition, rule amendments are needed to comply with IDEA law. The changes to these OARs are designed to align with Oregon’s SB 13 & 16 and IDEA.

2019

December

The State Board of Education will hear the following rule proposals as first reads on Dec. 12, 2019 at 255 Capitol St NE, Salem, OR. If you would like to submit public comment, please email it to us by Dec. 12, 2019. The Oregon Department of Education will accept public comment for these administrative rules until January 16, 2019. If you would like to request a public hearing, please do so by emailing Administrative Rules Coordinator Cody Sibley.

Comprehensive School Counseling
Amend: 581-022-2060

The 2019 Oregon Legislature passed HB 2876, creating a new law that specifies TSPC licensed school social workers and counselors, or any combination of persons qualified as determined by rules adopted by the State Board of Education, are those who can design, deliver, or otherwise implement a coordinated comprehensive school counseling program. The current Oregon Administrative Rule (OAR) 581-022-2060 Comprehensive School Counseling is being revised to reflect this new law.

Minimum Standards for Electric School Buses
Adopt: 581-053-0650

Amend: 581-053-0003

These rules establish standards for districts wishing to use electric buses. Districts need these rules to ensure safety standards exist regardless of the buses districts choose to use.

Suicide Prevention Plan
Adopt: 581-022-2510

In 2019, the Oregon Legislature passed SB 52, which requires districts to create a suicide prevention plan. This rule helps to implement that bill.

Administration of Medication Revisions to Implement SB 665
Amend: 581-021-0037

SB 665 directs the state board of education to adopt rules for the administration of Nalaxone or any similar medication that is designed to rapidly reverse opiod overdose. The proposed revisions add Nalaxone to the current rule relating to the administration for medication in the school setting.

November

The State Board of Education will hear the following rule proposals as first reads on Nov. 21, 2019 at 255 Capitol St NE, Salem, OR. If you would like to submit public comment, please submit via email. Unless otherwise stated, the department will accept public comment by Dec. 12, 2019. The Oregon Department of Education will conduct a public hearing for these Administrative Rules on Dec. 3, 2019 from 11:30 a.m. to 12:30 p.m. at the Public Service Building, 225 Capitol Street NE, in Room 400A.

Student Success Act Summer Program Grant
Adopt: 581-017-0620, -0623, -0626, -0629, -0632, & -0635

In 2019, the Oregon legislature passed HB 3427, the Student Success Act. The bill directs some of the money from the Student Success Act to go toward summer programs. These administrative rules establish the criteria under which districts may apply for the Summer Program Grant as described in HB 3427. Note: The department will accept public comment for these rules until January 23, 2020.

Definitions for Student Investment Account: Third Grade Reading Proficiency
Adopt: 581-014-9999

In 2019, the Oregon legislature passed HB 3427, the Student Success Act, which directed the State Board of Education to adopt a definition for third-grade reading proficiency for the purposes of developing growth targets for the Student Investment Account. This administrative rule established a definition for third grade reading proficiency.

October

Unless otherwise specified, the State Board of Education will hear the following rule proposals as first reads on Oct. 17, 2019 at 255 Capitol St NE, Salem, OR. If you would like to submit public comment, please submit via email by Dec. 12, 2019 unless otherwise specified. You may request a hearing on these rule proposals by emailing the Rules Coordinator, Cody Sibley. Please request a public hearing by Dec. 2, 2019 unless otherwise specified.

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.

NOTE: The State Board of Education heard a first read on these rules on Sept. 19, 2019. They will go before the Board for a final adoption on Dec. 12, 2019.

Tribal Attendance Promising Practices
Amend: 581-017-0365, -0367, -0369, -0371, -0373, -0375 5

These rules establish the funding and reporting aspects of the Tribal Attendance Promising Practices grant. These OARs are being revised to reflect the change in name from the Tribal Attendance Pilot Program grant to the Tribal Attendance Promising Practices grant.

Distribution of Assets of a Terminated or Dissolved Public Charter School
Amend: 581-026-0515

This amendment will delegate the administrative function of distributing assets of closing public charter schools to other public schools and districts in the state. This will save the State Board of Education time annually or as public charter schools close.

Oregon Connecting Schools Fund
Amend: 581-028-0005, -0010, & -0015

The Oregon Connecting Schools Fund was designed to leverage the federal government’s E-Rate Program to provide funding to districts to help them build networks to access high-speed internet. In 2019, the legislature passed HB 2173 to allow more education entities to access the state matching funds. ODE needs to revise the rules that administer the Oregon Connecting Schools Fund program so that not only school districts, but also ESDs, charter schools, or a consortium of any of these three entities can qualify for the matching federal funds to build broadband internet infrastructure. This revision also includes updating the priority list calculations for the other entities.

School Finance Updates
Amend: 581-023-0040 & -0104

These OAR amendments update the definition of Patron in Transportation Grant to include OSU Outdoor school, update non-reimbursable mileage rate for Transportation Grant for AY'21, and remove references to Medicaid billing in High Cost Disability Grant requirements in an attempt to remove disincentives for districts to pursue Medicaid reimbursements.

September

Public Comments will be accepted until Aug. 15, 2019, at 9:00 a.m. and may be submitted to ODE 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.

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.

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 to ODE 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 to ODE 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.

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