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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.

2022

December

The State Board of Education heard the following administrative rules proposal as first reads on December 8, 2022. 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 December 20, 2022, at 9:00 a.m. To adhere to the recommendations for social distancing, the ODE Hearings Officer will conduct the December 20, 2022 meeting by video conference. You can join by video conference. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 160-527-5020; Passcode: 677054.

We welcome your comments on the proposed rules. If you would like to submit public comment on the proposed rules, you may:
Credit for Educational Programs
Proposed rule to be amended: 581-021-0210
Statement of Need: ORS 326.565 requires the State Board of Education to adopt rules for the creation, use, custody and disclosure, including access, of student education records held by a school district. The current rules outline the requirements of school districts when evaluating student transcripts. In accordance with Senate Bill 1522 (2022) Sections 5 & 6, the proposed amendment to these rules will require school districts to accept credits earned in Oregon from Youth Corrections Educational Programs (YCEP), Juvenile Detention Education Programs (JDEP), Long Term Care & Treatment facilities, as well as hospital education programs.

Fund Administration for Student Investment Account 
Proposed rule to be amended: 581-014-0004
Statement of Need: ORS 327.175 to ORS 327.235 outline the allowable uses and awarding of grants from the Student Investment Account (SIA). These rules outline the administration of the grant funds for the SIA. The proposed rule amendment removes the opt out of the summer extension for the expenditure of funds for grant recipients.

Fund Administration for High School Success
Proposed rule to be amended: 581-013-0015
Statement of Need: The current rules outline the administration of funds from the High School Graduation and College and Career Readiness Fund. The proposed rule amendment removes the need for recipients to request a summer extension for the expenditure of funds.

Charter School Equity Grant OARs
Statement of Need: ORS 327.362 requires the Department to award grants to eligible public charter schools to increase academic achievement, including reducing academic disparities, for students from racial or ethnic groups that have historically experienced academic disparities and for students with disabilities. These rules outlines the administration of the grant program. The proposed amendments to these rules include new definitions and updates to eligibility requirements.

Youth Development Division - Reengagement Grant Program OARs
Proposed rule to be amended: 423-160-0001 and 423-160-0005
Statement of Need: 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. The proposed amendments to these rules include updates to definitions used and updates to eligibility for enrollment in a Reengagement Program in alignment with statute, which was updated in 2021 by HB 2051.

October

The State Board of Education will hear the following administrative rule proposals as first reads on October 20, 2022. 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 October 27, 2022, at 9:00 a.m. To adhere to the recommendations for social distancing, the ODE Hearings Officer will conduct the October 27, 2022 meeting by video conference. You can join by video conference. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 160-527-5020; Passcode: 677054.

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

Optional Mental and Behavioral Health Targets
Proposed rules to be adopted: 581-014-0022 to 581-014-0031

Statement of Need: ORS 327.190 requires the Department to develop applicable longitudinal performance growth targets for grant recipients from the Student Investment Account. Moreover, ORS 327.190 allows the State Board of Education to establish targets related to student mental and behavioral health needs. The proposed new rules are to establish rules for optional targets Student Investment Account grantees can consider to support students’ mental and behavioral health needs, inclusive of all students while also focusing on students from focal student groups. The new rules outline the definitions, purpose, criteria, administration and reporting of the optional targets.

Universal Screening for Risk Factors of Dyslexia
Proposed rule to be adopted: 581-002-1815 and 581-002-1820

Statement of Need: ORS 326.726 requires each school district screens every student for risk factors of dyslexia using a screening test. Further, ORS 326.726 requires the Department develop annually a list of approved tests for screening for risk factors of dyslexia. This rule outlines the requirements of screeners to be approved by the Department.

Every Day Matters OARs
Proposed rule to be amended and to be adopted: 581-020-0631, 581-020-0634, 581-020-0640, 581-020-0646, 581-020-0649, 581-020-0652, and 581-020-0655

Statement of Need: ORS 326.051 allows the State Board of Education to adopt rules for the general governance of public kindergartens and public elementary and secondary schools. Moreover, the State Board establishes state standards for public kindergartens and public elementary and secondary schools. The proposed rule amendments and proposed new rule to the Chronic Absenteeism Support program will further center students, particularly focal student groups, align operational practice with rule, and establish community-centered approaches to addressing the root causes of chronic absenteeism.

Economically Disadvantaged Definition
Proposed rule to be amended: 581-014-0001

Statement of Need: ORS 327.175 establishes the Student Investment Account (SIA) and creates a non-competitive grant program for school districts, eligible charter schools, and expands to include Youth Corrections Education Programs (YCEPs) and Juvenile Detention Education Programs (JDEPs) with the passage of HB 2060. The proposed rule amendment adds the definitions for "Economically disadvantaged students" for the purposes of reporting data for the Student Investment Account and for federal accountability reporting.

September

The State Board of Education will hear the following special education rules proposal as first reads on September 22, 2022. 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 September 27, 2022, at 9:00 a.m. To adhere to the recommendations for social distancing, the ODE Hearings Officer will conduct the September 27, 2022 meeting by video conference. You can join by video conference. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 160-527-5020; Passcode: 677054.


We welcome your comments on the proposed rules. If you would like to submit public comment on the proposed rules, you may:
Community Informed Assessment Process at Kindergarten
Proposed rule to be amended: 581-022-2130
Statement of Need: ORS 329.485 requires the Department of Education to implement a statewide assessment system for all students. The proposed rule revisions would allow for information collection that will inform state level decision about Oregon’s early education and child care programs, policies, and practices; and support families and students in participating in the assessment process for all students enrolled in kindergarten.

Approved Transportation Costs for Payments from the State School Fund
Proposed rule to be amended: 581-023-0040
Statement of Need: The rule outlines guidance on eligible and non-eligible transportation expenses as well as reimbursements for costs. The proposed rule updates the non-reimbursable transportation costs for the upcoming two school years. As part of the state school fund reconciliation process districts use the amounts in the non-reimbursable transportation costs to complete annual reports.

Administrative Rules for HB 4030
Proposed rule to be adopted: 581-017-0780 & 581-017-0790
Statement of Need: HB 4030 (2022) addresses a variety of education workforce issues. Sections 7 to 9 of HB 4030 (2022) require the Department to distribute grants for the purposes of recruiting and retaining personnel in education across the state. Moreover, Sections 10 to 12 of HB 4030 (2022) provides funds to reimburse substitutes and instructional assistants for out of pocket expenses incurred attending trainings. These proposed rules outline the administration of these grant programs including the application process as well as other requirements for eligible recipients.

HB 4026 - 2020 Wildfire Grant OARs
Proposed rule to be adopted: 581-017-0783 & 581-017-0786
Statement of Need: HB 4026 (2022) requires the Department to award grants each school year to wildfire-impacted school districts. The proposed new rules outline the administration of grant agreements to define timing of events, such as sources of data used in the calculations, anticipated updates and distribution timelines. This grant is intended to provide resources for the impacted school districts, which will allow them to prepare and maintain service levels for students.

May

The State Board of Education will hear the following rule proposals as first reads on May 19, 2022. 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 26, 2022, at 10:00 a.m. To adhere to the recommendations for social distancing, the ODE Hearings Officer will conduct the May 26, 2022 meeting by video conference. You can join by video conference. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 160-592-3690; Passcode: 470311.

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

LGBTQ2SIA+ Student Success Plan Grant Program
Proposed rule to be amended: OAR 581-017-0747 to OAR 581-017-0762

Statement of Need: ORS 329.847 directs the Department to develop and implement a statewide education plan for plan students who identify as lesbian, gay, bisexual, transgender, queer, two-spirit, intersex, asexual, nonbinary or another minority gender identity or sexual orientation. Further, the Department may award grants to Early Learning Hubs, providers of early learning services, school districts, education service districts, post-secondary institutions of education, tribal governments, community-based organizations or a consortium of these entities to implement the strategies provided in the plan. These rules outline the administration of the grants program to implement the statewide plan.

Student Investment Account Focal Group Definitions and Community Engagement
Proposed rule to be amended: OAR 581-014-0001 and OAR 581-014-0019

Statement of Need: ORS 327.175 to ORS 327.235 outline the allowable uses and awarding of grants from the Student Investment Account (SIA). The proposed rule updates SIA definitions to name full definitions for all named focal student groups within the statute, add additional focal student groups required for community engagement. Moreover, the proposed new rule outlines the focal student groups required to be engaged as part of the planning and plan development processes, provides guidelines as to how an applicant may identify other focal student groups to include in community engagement, and defines focal students groups that are required to be included in the development of Longitudinal Performance Growth Targets. These rules are needed to ensure that the Department can implement and administer the Student Investment Account.

Special Education General Supervision OAR
Proposed rule to be amended: OAR 581-015-2015

Statement of Need: ORS 343.041 requires the Department to adopt rule procedures, standards, and criteria for all special education programs for children with disabilities, early childhood special education and early intervention services for preschool children with disabilities. The proposed rule amendment updates the general supervision of all special education programs including administration of general supervision, Department procedure of noncompliance and corrective action, and school district requirements for compliance.

State Standards for the 2022-23 School Year
Proposed rule to be adopted: OAR 581-022-0107

Statement of Need: ORS 326.051 requires the Department to establish state standards for public kindergartens and public elementary and secondary schools as well as adopt rules for the general governance of public kindergartens and public elementary and secondary schools. This rule outlines the requirements for public school districts and public charter schools to submit required operational plans to the Department for the 2022-2023 school year.

HB 4026 2020 Wildfire Grant OARs
Proposed rule to be adopted: OAR 581-017-0780 and OAR 581-017-0783

Statement of Need: HB 4026 (2022) requires the Department to award grants each school year to wildfire-impacted school districts. The proposed new rules includes definitions and the fund administration of the grant award. These rules are necessary for the administration of grants awarded to wildfire-impacted school districts.

SB 732 Educational Equity Advisory Committees
Proposed rule to be adopted: OAR 581-022-2307

Statement of Need: SB 732 (2021) requires each school district to have an educational equity advisory committee. Pursuant to SB 732 (2021), the proposed new rules outline the administration of an educational advisory committee at each school district including the composition of the committee and the responsibilities of the committee, and an optional annual report that committees are allowed to produce. Adopting these proposed new rules will properly implement SB 732 and support the educational equity advisory committees it creates.

Intensive Program & Student Success Teams
Proposed rule to be amended: OAR 581-017-0729 and OAR 581-017-0741

Statement of Need: Amendments provide updates to defined terms and the process by which the agency determines the initial and total allocation.

April

The State Board of Education will hear the following rule proposals as first reads on April 21, 2022. 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 28, 2021, at 10:00 a.m. To adhere to the recommendations for social distancing, the ODE Hearings Officer will conduct the April 28, 2021 meeting by video conference. You can join by video conference. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 161-849-0052; Passcode: 393281.

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

Hospital Education Programs
Proposed rule to be amended: OAR 581-015-2575 and OAR 581-015-2580

Statement of Need: ORS 343.261 allows the State Board of Education to adopt rules for payment of the cost and oversight of the educational programs for children in State-operated hospitals, the Oregon Health and Science University hospitals and clinics, and private hospitals. This proposed rule amendment updates the definition of school district in both private and state-operated hospitals. The proposed update to the definition will give legal sufficiency to the agreements between the Department and an Education Service District to provide the education program at a school program in hospitals.

Charter School Equity Grant Program OARs
Proposed rule to be amended: OAR 581-017-0765 to OAR 581-017-0777

Statement of Need: ORS 327.362 requires the Department to award grants to eligible public charter schools to increase academic achievement, including reducing academic disparities, for students from racial or ethnic groups that have historically experienced academic disparities and for students with disabilities. These rules outlines the administration of the grant program.

LatinX Student Success Rules Update
Proposed rule to be amended: OAR 581-017-0696, OAR 581-017-0699, and OAR 581-017-0705

Statement of Need: ORS 329.845 directs the Department to develop and implement a statewide education plan for students who are Latino or Hispanic, including individuals of Mexican, Cuban, Puerto Rican, South American, Central American or Spanish descent, including a grant program to implement the strategies outlined in the plan. The proposed amendments to the rules include updating who is eligible for grant funding and the funding parameters for those eligible entities.

Division 51 CEPI and EIEG Breakfast Updates
Proposed new rules to be adopted: OAR 581-051-0600, OAR 581-051-0610, and OAR 581-051-0615

Statement of Need: ORS 327.535 outlines breakfast accessibility to students provided by a school district including when it is required and when a school district may apply for a waiver to this requirement. This rule outlines the administration of this requirement and an exemption process. The proposed amendment updates what data is to be used in the determination for which school districts are required to provide breakfast after the beginning of the school day. Furthermore, under Sec. 30 of HB 3427 (2019), the Department is required to reimburse school districts for costs incurred by the school districts in providing meals. The proposed amendment updates the reimbursement rate and adds a new rule to outline the steps the Department will take when funding to reimburse schools or district becomes insufficient.

March

The State Board of Education hear the following rules proposal as first reads on March 17, 2022. 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 March 24, 2022, at 10:00 a.m. To adhere to the recommendations for social distancing, the ODE Hearings Officer will conduct the March 24, 2022 meeting by video conference. You can join by video conference. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 160-478-2535; Passcode: 741354.

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

Rules Pertaining to Fingerprinting Fees
Proposed rules to be amended: OAR 581-021-0511; 581-021-0512; 581-045-0586; and 581-045-0587

Statement of Need: ORS 326.603 and 326.607 allow the Department to require fingerprinting background checks for all classified employees and volunteers who have direct, unsupervised contact with students in school districts and private schools including charging the school district or private school a fee for the fingerprinting background records check. The current administrative rules establishes the process and fees for these services. The proposed rule amendments will change the fixed cost to a cost established by the Department to be reviewed and changed annually. Oregon State Police’s fee schedule has increased, through whom the Department accesses results of fingerprinting, as well as increases in labor cost, contribute to the need to raise the fees the Department charges its district partners to avoid a fiscal shortfall.

Assessment of Submission Fees
Proposed rule to be amended: OAR 581-011-0090

Statement of Need: ORS 337.065 allows the Department to waive the publisher fee for a textbook title or item of instructional material submitted by the publisher for review and adoption by the State Board of Education. The fee waiver applies to instructional materials if the resource resides in the public domain, or if the resource has been released under an intellectual property license that permits the free use and repurposing by others. The proposed rule amendment will outline the process by which the Department may waive the publisher fee for these instructional materials or resources.

District Improvement Plans
Proposed rule to be amended: OAR 581-022-2250

Statement of Need: ORS 329.095 allows the Department to require school districts and schools to conduct self-evaluations and to periodically update their local district continuous improvement plans. The proposed rule amendments update the frequency by which districts are to conduct the self-evaluation and update the district plans from every three years to every four years. The proposed rule amendments to shift the timeline to every four years allows for more intentional and focused engagement opportunities by districts as well as alignment of multiple internal processes for numerous Department programs.

Updates to Division 51 OARs
Proposed rules to be amended: OAR 581-051-0500; 581-051-0520; and 581-051-0555

Statement of Need: The administrative rules outline the requirements, set forth in Federal regulations, that sponsors of Federal child nutrition programs and Food Service Management companies must follow when contracting for the management and service of meals under child nutrition programs. The proposed rule amendments reflect changes in Federal regulation and changes in the Department's interpretation of this regulation since rules were first adopted. The proposed rule amendments ensure that the rules are aligned with Federal regulation and the overall procedures that are currently in place. Moreover, the proposed rule amendment updates statutes and other authority for this rule.

Alternative Education Programs Definition Update
Proposed rule to be amended: OAR 581-022-2505

Statement of Need: ORS 336.615 to 336.665 outline the administration of public and private alternative education programs in school districts in the state. A Secretary of State audit in 2017 recommended that the Department develop a clear definition of alternative schools and programs. The proposed rule amendment includes the definition and purpose of alternative education in public and private school settings. The proposed rule amendment will address the Secretary of State's audit and implement the definition into the alternative education program.

Senate Bill 513 US Civics Requirement
Proposed rule to be amended: OAR 581-022-2000

Statement of Need: ORS 329.451 establishes the credit requirements a school district or public charter school uses to award a high school diploma to a student. The statute also requires students to satisfy any established requirements by the State Board of Education. This administrative rule outlines the high school diploma requirements. The proposed amendment updates the requirements of the high school diploma to include a half credit for United States Civics within Social Sciences minimum credits in alignment with Senate Bill 513 (2021). Moreover, the proposed amendment removes requirements for students who have already graduated and been awarded a diploma.

February

The State Board of Education heard the following rules proposal as first reads on January 20, 2022. 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 February 24, 2022, at 10:00 a.m. To adhere to the recommendations for social distancing, the ODE Hearings Officer will conduct the February 24, 2022 meeting by video conference. You can join by video conference. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 160-839-9746; Passcode: 587042.

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 February 24, 2022, at 10:00 a.m. Contact Rules Coordinator Jeremy A. Wartz if you have questions about the hearing.
  • Attend a State Board of Education meeting and provide public comment. Information on board meetings and providing public comment is available on the State Board webpage.
  • Submit your comments in writing to the ODE Rules Coordinator.
  • Submit your comments to the State Board of Education.
Suspension of Assessment of Essential Skills
Proposed rule to be amended: 581-022-2115

Statement of Need: SB 744 (2021) passed during the 2021 legislative session directs the Department to review existing state requirements for earning each of the diplomas and alternative certificates as prescribed by state law and rules adopted by the State Board of Education. Moreover, SB 744 requires the temporary suspension of the requirement for students to demonstrate proficiency in the Essential Skills. The purpose is to research the current requirements to ensure that they are equitable, accessible, and inclusive. Pursuant to SB 744, the proposed rule amendment will suspend the Assessment of Essential Skills through the 2023-2024 school year.

Menstrual Dignity for Students
Proposed rule to be adopted: OAR 581-021-0587 to OAR 581-021-0596

Statement of Need: HB 3294 (2021) requires the State Board of Education to adopt rules necessary for the administration of requiring public education providers to ensure that both tampons and sanitary pads are available at no cost to students. The proposed new rules provide the requirements necessary for public education providers to be in compliance with this law including the required education needed for education providers to cover and the funding and reimbursement parameters of this program. The proposed new rules will help students participate actively in classes and school activities by alleviating some of the economic strain and experiences of shame that are often barriers for menstruating students accessing their education.

Vision Screening Reimbursements
Proposed rule to be adopted: OAR 581-021-0031

Statement of Need: ORS 336.221 requires the State Board of Education to adopt administrative rules for the implementation of a vision screening or an eye examination by education providers. SB 222 (2021) passed during the 2021 legislative session expanded the parties eligible for reimbursement under the Vision Screening Reimbursement grant. In alignment with this new law, the proposed amendment to this rule allows external vision screening providers to be reimbursed directly by the Department, rather than through a school district as previously outlined in the rule.

Oregon State Seals of Biliteracy and Multiliteracy
Proposed rule to be adopted: OAR 581-021-0580 and OAR 581-021-0584

Statement of Need: ORS 326.051 requires the State Board of Education to adopt rules for the general governance of public kindergartens and public elementary and secondary schools. Under this authority, the Department established the Oregon State Seal of Biliteracy which was created to recognize and award the Oregon State Seal of Biliteracy Oregon (OSSB) to students, who demonstrate proficiency in English and another language. The rules outline the requirements for a student to be awarded a State Seal of Biliteracy and/or proposed State Seal of Multiliteracy. The proposed amendments update the criteria to be awarded the seal for biliteracy, establishes the criteria to be awarded the seal for multiliteracy, and identifies which cohort of students can be awarded these seals. These proposed rule amendments are necessary for the administration of this program.

Intensive Program and Student Success Teams OAR Updates
Proposed rule to be adopted: OAR 581-017-0729, OAR 581-017-0738, and OAR 581-017-0741

Statement of Need: ORS 327.222 establishes the intensive program for school districts and student success teams. The rules currently define the terms used for the administration of the intensive program and student success teams; establish the criteria of receiving funding for the intensive program and student success teams, invitation requirements and agreements by participating school districts, and school district outcomes at the end of participation; and also establish the funding limitations for the intensive program and student success teams. The proposed rule amendments will support the Department in assisting participating school districts to access grant-in-aid funds to cover a limited amount of cost for skilled coordination and collaboration with the Department ahead of the Student Success Team making formal recommendations.

2021

December

Due to a technical error, we will be rescheduling the OAR Hearing on the administrative rules to January 11, 2022. We sincerely apologize for the inconvenience.

The State Board of Education heard the following rules proposal as first reads on December 9, 2021. 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 January 11, 2022, at 10:00 a.m. To adhere to the recommendations for social distancing, the ODE Hearings Officer will conduct the January 11, 2022 meeting by video conference. You can join by video conference. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 160-945-6779; Passcode: 814106.

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 January 11, 2022, at 10:00 a.m. Contact Rules Coordinator Jeremy A. Wartz if you have questions about the hearing.
  • Attend a State Board of Education meeting and provide public comment. Information on board meetings and providing public comment is available on the State Board webpage.
  • Submit your comments in writing to the ODE Rules Coordinator.
  • Submit your comments to the State Board of Education.
Access to Linguistic Inclusion OARs
Proposed rule to be amended: 581-002-0200; 581-021-0200; 581-021-0580; 581-022-0102; 581-022-2000; 581-022-2010; 581-022-2015; 581-022-2030; 581-026-0300

Statement of Need: HB 2056 (2021), or Access to Linguistic Inclusion, passed in the 2021 legislative session changes the name and definitions of “English language arts” and "World Language" in multiple Oregon Revised Statutes. Access to Linguistic Inclusion is intended to augment credit opportunities and diploma access to multilingual and multicultural students across Oregon. The proposed rule amendments reflect the statutory change in name and definition as it pertains to high school instruction and high school credit accrual. Further, through the proposed rule amendments, students may now earn official recognition, in the form of high school Language Arts and World Language credits, for an expanded range of coursework.

Rules Pertaining to Type 10 Drivers
Proposed rule to be amended: 581-053-0330

Statement of Need: ORS 820.100 requires the State Board of Education to adopt standards relating to school bus and school activity vehicle construction and school bus and school activity vehicle equipment. The proposed rule amendment clarifies what is permissible operations by a qualified driver of an approved Type 10 vehicle and ensuring a vehicle is not overloaded.

Suspension of Assessment of Essential Skills
Proposed rule to be amended: 581-022-2115

Statement of Need: SB 744 (2021) passed during the 2021 legislative session directs the Department to review existing state requirements for earning each of the diplomas and alternative certificates as prescribed by state law and rules adopted by the State Board of Education. Moreover, SB 744 requires the temporary suspension of the requirement for students to demonstrate proficiency in the Essential Skills. The purpose is to research the current requirements to ensure that they are equitable, accessible, and inclusive. Pursuant to SB 744, the proposed rule amendment will suspend the Assessment of Essential Skills through the 2023-2024 school year.

Talented and Gifted OARs
Proposed rule to be amended: 581-022-2325 and 581-022-2500

Statement of Need: ORS 343.391 to ORS 343.413 require that talented and gifted students be identified and educated. Within these statutes, ORS 343.407 require school districts to identify talented and gifted students; ORS 343.409 required school districts to provide educational programs or services to talented and gifted students enrolled in public schools; and ORS 343.397 require school districts to submit a written plan of instruction for talented and gifted students. The proposed amendments to these rules will require school districts to update and implement talented and gifted identification policies and procedures for identification of talented and gifted students. Additional proposed amendment to the rules will update what is required in the district plan submitted to the Department. Further, a proposed new rule requires that the written district plan includes the contact information of the school district coordinator in accordance with Senate Bill 486 passed during the 2021 legislative session.

November

The State Board of Education heard the following rules proposal as first reads on October 21, 2021. 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 November 23, 2021, at 10:00 a.m. To adhere to the recommendations for social distancing, the ODE Hearings Officer will conduct the November 23, 2021 meeting by video conference. You can join by video conference. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 161-292-8650; Passcode: 140621.

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 November 23, 2021, at 10:00 a.m. Contact Rules Coordinator Jeremy A. Wartz if you have questions about the hearing.
  • Attend a State Board of Education meeting and provide public comment. Information on board meetings and providing public comment is available on the State Board webpage.
  • Submit your comments in writing to the ODE Rules Coordinator.
  • Submit your comments to the State Board of Education.


OARs for CROWN Act and Gender Identity

Proposed rule to be amended and adopted: OAR 581-021-0045, 581-021-0046; 581-022-2308 (Adopt)

Statement of Need: HB 2935 (2021) prohibits race-based hair discrimination which is the denial of employment and educational opportunities and HB 3041 (2021) adds gender identity as a standalone protected class to many of Oregon's anti-discrimination laws. These proposed rule amendments and proposed new rule reflects both bills' new requirements by clarifying and updating the language in anti-discrimination rules related to education. Further, the proposed amendments represent identity affirmation and belonging to Oregonians who often experience harassment, violence, and marginalization in their educational pursuits.

October – Special Education OAR Revisions and Other OAR Revisions

The State Board of Education will hear the following special education rules proposal as first reads on October 21, 2021. 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 October 28, 2021, at 10:00 a.m. To adhere to the recommendations for social distancing, the ODE Hearings Officer will conduct the October 28, 2021 meeting by video conference. You can join by video conference. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 161-499-5888; Passcode: 023894.

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

Individualized COVID-19 Recovery Services

Proposed rule to be amended: OAR 581-015-2228
Statement of Need: The proposed rules establish authority for services determined necessary by an Individualized Education Program (IEP) team to address a loss of services due to COVID-19 or a child’s circumstances following the COVID-19 pandemic. Furthermore, these proposed rules would provide the basis for Departmental guidance to support IEP teams, families and students, and school districts in considering the need for these services. The proposed rules will support the individualized consideration by IEP teams of any additional services and supports that may be necessary for each eligible child with a disability receiving special education services within Oregon.

Oregon Farm-to-School Grant Program

Proposed rule to be amended: OAR 581-017-0430, -017-0435, -017-0438, -017-0441, -017-0444, -017-0448, -017-0711, -017-0714, -017-0717, -017-0720, -017-0723, and -017-0726
Statement of Need: ORS 336.431 requires the Department to administer the Farm-to-School Grant Program. These rules outline the administration of the separate grants under Farm-to-School. Since the introduction of the Oregon Farm-to-School Grant Program in 2011, the grant has changed from one grant to the current grant with six subsections. With these large changes to the grant, the need for changing the administration of these rules is needed to clarify intent and consistency with statute.

September – Special Education OAR Revisions

The State Board of Education will hear the following special education rules proposal as first reads on September 16, 2021. 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 September 23, 2021, at 10:00 a.m. To adhere to the recommendations for social distancing, the ODE Hearings Officer will conduct the September 23, 2021 meeting by video conference. You can join by video conference. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 160-625-1904; Passcode: 686521.

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

Content of IEP rules

Proposed rule to be amended: OAR 581-015-2200
Statement of Need: The Lane v. Brown Settlement Agreement was approved in December, 2015. This Settlement Agreement contains numerous requirements for the Oregon Department of Education as well as several other state agencies. For our purposes, the settlement agreement is focused on the provision of appropriate transition activities to enable students with disabilities to ultimately obtain competitive, integrated employment. The proposed rule change adds language directly from this agreement related to the age that transition planning may start, information and opportunities to experience supported employment services in integrated settings, and the elimination of mock sheltered workshop activities.

SSA Summer Program Grant

Proposed rule to be amended and to be repealed: 581-017-0620, 581-017-0623, 581-017-0629, 581-017-0632; 581-017-0626 (Repeal)
Statement of Need: ORS 327.341 directs the Department to use moneys in the Statewide Education Initiatives Account to provide grant funding for summer learning programs at schools. Moreover, ORS 327.341, the State Board of Education is required to adopt rules necessary for the distribution of grant funding. These proposed rule changes update the administration of grant funding including the eligibility, funding, and program requirements of this program.

Every Student Belongs

Proposed rule to be amended: 581-022-2312
Statement of Need: The Department recognizes that student health and safety are the cornerstone of education and 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, and without fear or hatred, racism or violence. All staff and leaders are also entitled to work in environments that are free from discrimination or harassment, and visitors should be able to participate in school activities without fear for their safety. The proposed rule amendments are technical fixes to language and revises provisions in the rule to align with House Bill 2697 passed during the 2021-23 legislative session.

State Standards for the 2021-22 School Year

Proposed rule to be amended: 581-022-0106
Statement of Need: Governor Brown issued Executive Order 21-06 which required public schools to offer fully onsite or hybrid in-person instruction beginning in the 2021-2022 school year, as well as requiring all schools to continue to comply with health and safety protocols to control COVID-19. The Department is developing guidance designed to meet the goal of opening school for full-time in-person instruction. To implement that guidance, the Department proposed this rule for the 2021-22 school year in order for schools to comply with the executive order.

Waiver of TAG Identification for the 2020-21 School Year

Proposed rule to be amended: 581-022-0104
Statement of Need: Governor Brown issued Executive Order 20-29 directs the Oregon Department of Education and the Oregon Health Authority to publish guidance relating to the conduct of in-person instructional activities at public schools and private schools. The proposed rule implements E.O 20-29 and assists public schools in responding to the COVID-19 outbreak. The identification of Talented and Gifted (TAG) students in Oregon is an integral component of educational equity. Once a student is identified, students are required by statute (ORS 343.391- 343.413) to receive special educational programs and/or services. The identification process is vital to supporting the needs of academically talented and/or gifted students in Oregon’s public schools. Districts are required annually to report status of compliance specific to OAR 581-022-2325. The friction many districts are feeling due to COVID-19 implications is the need to identify due to compliance, yet adjusted identification practices are in direct conflict with equitable practices.

Technical Assistance Program OARs

Proposed rule to be amended and adopted: 581-027-0005, 581-027-0030, 581-027-0040, 581-027-0050; 581-027-0040 (Adopt)
Statement of Need: The Technical Assistance Program (TAP) was established in 2015 to provide grants to school districts for facility assessments, long-range facility planning, seismic assessments, and in 2019 environmental hazard assessments. The Office of School Facilities within the Department is required to provide grants to school districts for the cost of technical assistance provided as well as establishing and maintaining standards for facilities assessments and long-range facilities plans for school districts. The following are included in the proposed rule changes: incorporates the new Asbestos TAP grant into the TAP grant system; clarifying the two types of environmental hazard assessments between radon and asbestos; new rule establishing the standards to be used for facilitating discussions around capital planning and improvement.

May

The State Board of Education will hear the following rule proposals as first reads on May 20, 2021. 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 27, 2021, at 10:00 a.m. To support the recommendations for social distancing, the ODE Hearings Officer will conduct the May 27, 2021, meeting by video conference that the public can access. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 160-817-6185; Passcode: 834795.

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

Appeals and Performance Audit Rules & Summer Extension
Proposed rule to be amended and proposed new rules: OAR 581-014-0004, OAR 581-014-0010 to OAR 581-014-0016

Statement of Need: ORS 327.201 requires each recipient of a grant from the Student Investment Account to conduct a financial audit of the use of grant moneys and they must conduct a performance review once every four years. The proposed new rules outline the standards by which each grant recipient will be reviewed. Additionally, the proposed new rules outline the process by which each grant recipient can appeal a reduction of distributed moneys. Moreover, the proposed rules establishes a procedure for conducting performance audits on a random basis or based on just cause.

Background Check on Athlete Agents
Proposed new rule to be adopted: OAR 581-021-0515

Statement of Need: ORS 702.012 directs the Department to issue a certificate of registration to an individual acting as an athlete agent. This proposed new rule outlines the process the Department will follow to issues the certificate including background check, refusal of issuance, and disqualification of registered athlete agents.

April

The State Board of Education will hear the following rule proposals as first reads on April 15, 2021. 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 22, 2021, at 10:00 a.m. To support the recommendations for social distancing, the ODE Hearings Officer will conduct the April 22, 2021, meeting by video conference that the public can access. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 160-047-3350; Passcode: 565821.

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

Minimum Standards for School Buses
Proposed rule to be amended: OAR 581-053-0240

Statement of Need: Oregon’s school buses and school activity vehicles are regulated by the authority of the Oregon Department of Education under ORS ORS 327.013 & 820.100 - 820.120. Established rules in Chapter 581, Division 53 specify the exclusionary standards that vehicles must meet to be permitted for use in transporting pupils to ensure the highest level of safety for the occupants of such vehicles. Common equipment on more modern school buses includes a windguard mechanism achieving a functionally identical result consisting of an air-driven or electronic system that defaults the stop arm to a retracted state. While this achieves the safety goals of the minimum standards rule, it technically conflicts with the wording in the rule. The proposed rule amendment is determined to be the most responsible approach to resolving this technical conflict is to adjust the wording of the applicable rule from prescriptive language to objective language.

Rules Pertaining to SPAB Drivers
Proposed rule to be amended: OAR 581-053-0630

Statement of Need: Oregon’s school buses and school activity vehicles are regulated by the authority of the Oregon Department of Education under ORS 327.013 & 820.100 - 820.120. Established rules in Chapter 581, Division 53 specify the qualifications and actions of school bus drivers and school activity vehicle drivers. Included in the school activity vehicle driver category are Special Pupil Activity Bus (SPAB) drivers – motorcoach drivers who meet certain requirements to operate motorcoaches for school activity trips, such as field trips or sports event trips. The proposed revisions to the SPAB driver rule remove a numeric specification for a maximum speed limit, and instead refer to the current statutory language in ORS 811.111 which directly governs all other speed limits applicable to motorcoach vehicles.

Oregon School Capital Improvement Matching Program
Proposed rule to be amended: OAR 581-027-0020 and OAR 581-027-0023

Statement of Need: SB 447 requires the Department to administer the Oregon School Capital Improvement Matching Grant Program. The proposed rule amendments shorten the gap between the application period for the OSCIM Program and the actual election. These proposed rule amendments will reduce confusion with the program and give school districts additional flexibility.

Use of Polystyrene
Proposed new rules to be adopted: OAR 581-051-0350 to OAR 581-051-0365

Statement of Need: ORS 336.445 prohibits school district to use of polystyrene foam in the service of any meal. Further, ORS 336.445 gives the State Board of Education authority to adopt rules for administering this policy. The proposed new rules administer this policy and includes defined terms used throughout, statement of the prohibited use of polystyrene, what is an allowable exemption and waiver, and what the Department can do if it finds a school district in violation of the rules.

March

The State Board of Education will hear the following rule proposals as first reads on March 18, 2021. 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 March 25, 2021, at 10:00 a.m. To support the recommendations for social distancing, the ODE Hearings Officer will conduct the March 25, 2021, meeting by video conference that the public can access. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 161-919-0280; Passcode: 420537.

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

American Indian/Alaska Native Student Success Plan Grant Program
Proposed rule to be amended: OAR 581-017-0687

Statement of Need: ORS 329.843 directs the Department to develop and implement a statewide education plan for students who are American Indian or Alaska Native, including a grant program to implement the strategies outlined in the plan. The proposed rule amendment outlines the funding parameters for the administration of the grant program to include tribes.

Latino/a/x and Indigenous Student Success Plan Grant Program
Proposed rule to be amended: OAR 581-017-0705

Statement of Need: ORS 329.845 directs the Department to develop and implement a statewide education plan for students who are Latino or Hispanic, including individuals of Mexican, Cuban, Puerto Rican, South American, Central American or Spanish descent, including a grant program to implement the strategies outlined in the plan. The proposed rule amendment outlines the funding parameters for the administration of the grant program to increase administrative costs, which include indirect costs, for certain eligible entities.

District Assurances of Compliance with Public School Standards
Proposed rule to be amended: OAR 581-022-2305

Statement of Need: The proposed rule amendment adjusts the timeline for districts to submit their annual Division 22 Assurances from February to November. A November submission deadline strikes a balance between close in time and accurate reporting and enables ODE to provide technical assistance earlier in the year. The proposed rule language also provides clarity around the format and process for districts to report on compliance with the Division 22 Standards to their local community.

Waiver of Assessments for the 2021-2022 School Year
Proposed rule to be amended: OAR 581-022-2115 and OAR 581-022-2130

(Please note these rules were First Read at the February 18th State Board of Education meeting) Statement of Need: In response to the COVID-19 pandemic, the State Board adopted administrative rules to waive the Assessment of Essential Skills graduation requirement for students graduating in the 2019-2020 and the 2020-2021 school year. These rules extend the waiver and suspension of statewide assessments for the 2021-2022 school year. With the waiver to the Essential Skills graduation requirement for the 2021-2022 school year, the Department submitted a federal statewide assessment and accountability waiver request to the U.S. Department of Education that, if approved, would again suspend administration of Oregon’s statewide assessments for spring 2021, thus a majority of students on track to graduate during the 2021-2022 school year would not have access to this assessment option as 11th graders this year. With the waiver of the Kindergarten Assessment for the 2021-2022 school year, this suspension will provide additional time to re-engage education and community partners and explore options for the future of the Kindergarten Assessment as part of Oregon’s statewide assessment system.

February

The State Board of Education will hear the following rule proposals as first reads on February 18, 2021. 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 February 25, 2021, at 10:00 a.m. To support the recommendations for social distancing, the ODE Hearings Officer will conduct the February 25, 2021, meeting by video conference that the public can access. To join by phone, dial (Toll Free): 1 833 568 8864; Meeting ID: 160-887-8852; Passcode: 122889.

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

School Nutrition Programs
Proposed rule to be amended: OAR 581-051-0100

Statement of Need: The current rule outlines the authority and direction for the operation of school nutrition programs. The USDA federal regulation that ODE and the operators of the program follows requires submitting claims for reimbursement in 60 days. The proposed rule removes the requirement for a claim to be submitted in 15 days. For simplicity and efficiency, the proposed rule removes any language specifying a timeline. The proposed rule language will allow for flexibility for change in the state to align with the federal regulations if they change in the future.

African American/Black Student Success Plan Grant Program
Proposed rules to be amended: OAR 581-017-0550 to OAR 581-017-0565

Statement of Need: ORS 329.841 directs the Department to develop and implement a statewide education plan for students who are black or African-American, including a grant program to implement the strategies outlined in the plan. In order to implement the statute, the State Board of Education is required to adopt administrative rules to guide the implementation of the grant program.

January

The State Board of Education will hear the following rule proposals as first reads on January 21, 2021. 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 January 28, 2021, at 10:00 a.m. To support the recommendations for social distancing, the State Board of Education will conduct the January 28, 2021, meeting by video conference that the public can access. To join by phone, dial (Toll Free): 1 833 568 8864; access code: 161-045-0851; Passcode: 240355.

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

All Students Belong
Proposed rule to be adopted: OAR 581-022-2312

Statement of Need: The Department recognizes that student health and safety are the cornerstone of education and 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, and without fear or hatred, racism or violence. All staff and leaders are also entitled to work in environments that are free from discrimination or harassment, and visitors should be able to participate in school activities without fear for their safety. The proposed rule is an important step in creating safe and inclusive school climates where all who participate in our school communities feel welcome.