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State Board of Education Oregon Administrative Rules

This page hosts permanent and temporary Oregon Administrative Rules (OARs) proposed, adopted, amended, repealed or suspended during this school year. To find all rules currently on file with the State Board of Education and other Oregon Department of Education (ODE) rules, please visit our Oregon Administrative Rules by Division website.

On Boardbook, you will find the link to the State Board of Education meetings by date, which include an agenda for each meeting and “Extras” where you will find the meeting recording. All rulemaking documents, and the public comments associated with these rules, if any, are attached to the meeting agenda. To view all attachments, be sure to check the box to show attachments in the upper corner of the agenda page.

Public Hearing and Public Comment Instructions for all Proposed Permanent Rules

To learn more about the Oregon Department of Education’s rulemaking process, please visit our rulemaking homepage. We welcome your comments on the proposed rules. If you would like to submit public comment on the proposed rules, you are always welcome to submit your comments in writing to the ODE Rules Coordinator. ODE also holds monthly public hearings on proposed rules that allow members of the public to provide verbal testimony. All public hearings are hosted on Zoom. If you wish to attend and require an interpreter or an ADA-related accommodation, please notify the Rules Coordinator at least 5 business days prior to the hearing. We will do our best to accommodate your request. You may join the public hearing on zoom by clicking here. To join by phone, dial (Toll Free): 1 669-254-5252; Meeting ID: 161 830 7027.

Please contact the ODE Rules Coordinator if you have questions about the hearing or the overall public comment process. Members of the public are also invited to participate in the State Board of Education’s public comment process. Information on board meetings and providing public comment there can be found on the State Board of Education meetings page.

Below, you will find proposed rules organized by the public hearing date, the public comment period, the relevant State Board of Education meeting dates, the rule draft, a fiscal impact statement, and the statement of need. Rules are organized by rule filing. Links to the proposed rule drafts often include multiple proposed rules within one topic.

 Proposed Draft Rules and Public Hearings for the 2025-26 School Year

State Board of Education Public Hearing Information:
State Board of Education materials and all written public comments are posted to the State Board's online BoardBook approximately one week prior to each meeting. The public comment period for these rules is from October 16, 2025 - December 11, 2025, at 9:00 AM.  

The State Board of Education heard all but one of these administrative rule proposals as first reads on October 16, 2025. The State Board of Education will hold a first read for the SB 141 (2025) Bill Implementation - Education Accountability Act Definitions and Metrics proposed rule set on Thursday, November 6, 2025. All of these proposed rules are scheduled for a vote at the December 11, 2025, State Board of Education meeting.  

The rules below are organized by rule title with a link to the rule draft, followed by the fiscal impact statement, and then the statement of need.

You may join the public hearing on zoom by clicking here. For more information about accessing the meeting or providing written comment, please refer to our public hearing instructions here. ODE will hold a public hearing on the proposed rules on Tuesday, November 18, 2025, from 3:00 – 4:00 pm:

SB 141 (2025) BILL IMPLEMENTATION - EDUCATION ACCOUNTABILITY ACT DEFINITIONS AND METRICS PROPOSED NEW RULES​

Fiscal Impact Statement: The Department does not anticipate any significant economic impact on school districts or business as a result of the adoption of these rules. The development of growth targets is built upon work that has already done by school district as part of their Student Investment Account and now Integrated Program applications​.
Statement of Need: The 2025 Education Accountability Act requires The Department, in rule, to establish definitions of student group, definition of 3rd grade reading proficiency, definition of 8th grade math proficiency, local metrics, differentiated metrics, statewide performance targets, and performance growth targets.

SB 141 (2025) AND HB 2009 (2025) BILL IMPLEMENTATION - EDUCATIONAL ACCOUNTABILITY ACT INTERIM ASSESSMENTS​

Fiscal Impact Statement: Many of Oregon's districts already have interim assessments in place. However, some do not and will need to purchase from the approved list. If the vendors on the approved list are not already in place in the district, the district may need to add or replace current assessments, as well. Costs for these systems have a wide range for the tools, typically with additional fees for training, expanded reporting, and technical assistance.
Statement of Need: The State Board of Education has been charged by Oregon's Education Accountability Act with selecting four interim assessments in language arts and mathematics that districts will administer three times per year in grades K-8 beginning in the 2026-27 school year.

SB 141 (2025) BILL IMPLEMENTATION - STRENGTHENING AND EXPANDING INSTRUCTIONAL MATERIALS: REMOVING PUBLISHER FEES

​Fiscal Impact Statement: The elimination of the publisher fee system will result in a more robust list of material options available for Oregon school districts to choose from off the State Board approved list. This means that districts will conduct fewer independent instructional materials adoptions, which can be costly and labor intensive, resulting in cost savings at the local level. Additionally, more options on the State Board approved lists will provide more variety, including Open Educational Resources (OER) options, that are available at different price points, potentially reducing the costs for districts. Additionally, small publishers may be more inclined to submit high-quality instructional materials with less of a financial obstacle to do so.
Statement of Need: The passage of SB 141 (June 2025) repealed the publisher fee requirements for Oregon’s instructional materials evaluation process. Specifically, Section 27 of the bill repealed ORS 337.065, the statute outlining the procedures for collecting publisher fees for submitting materials, thereby eliminating the publisher fee system. As a result, SB 141 requires the immediate repeal and amendment of all Oregon Administrative Rules that reference ORS 337.065 or otherwise govern the publisher fee system.

This fundamental change to the operation of Oregon’s instructional materials program requires a redesign of the evaluation and adoption process. Planning and engagement efforts to support this transition will continue through Spring 2026.​

HB 3007 (2025) BILL IMPLEMENTATION: ACCOMMODATIONS FOR STUDENTS WITH BRAIN INJURIES TEMPORARY-TO-PERMANENT RULEMAKING

Fiscal Impact Statement: Adoption of permanent OAR 581-021-3007 is expected to have only a minor fiscal impact for both state agencies and school districts. For state agencies, costs would primarily involve coordination, training resources, and maintaining standardized forms. For school districts, expenses may include limited staff training, communication materials, and recordkeeping, but no significant new staffing or infrastructure is anticipated. By leveraging existing systems, the small upfront costs are expected to be offset by long-term efficiencies, clearer processes, and improved student outcomes.
Statement of Need: This rule is needed to clarify that procedures developed by the Department must be used by public education providers to develop and implement an immediate and temporary accommodations plan for a student who has been diagnosed with a concussion or other brain injury in alignment with intent of HB 3007. This rule also clarifies the use of a, "sample form" as well as to clarify terms named in HB 3007 (2025).
Additional Links in Association with the Rule:

SURROGATE PARENTS AND TRANSFER OF PROCEDURAL RIGHTS AT AGE OF MAJORITY TEMPORARY-TO-PERMANENT RULE REVISIONS​

Fiscal Impact Statement: The proposed rule changes are not expected to have any fiscal impact on the Oregon Department of Education; all work will be absorbed by existing staff. The fiscal impact for units of local government (school districts and ESDs) is expected to be minimal or potentially positive. By establishing standardized procedures, the amendments create predictability and may reduce costs for districts by providing a clear framework for legally ambiguous situations, reducing the need for costly legal consultation. There are no anticipated economic impacts to the public.
Statement of Need: The proposed permanent rules are necessary to close a significant regulatory gap that was temporarily addressed by Board action in June 2025. Without permanent adoption, the temporary rules will expire in December 2025, reopening the gap and creating procedural uncertainty for districts, risking service disruption for vulnerable students, and creating compliance concerns with federal IDEA requirements under 34 CFR § 300.520(b).

State Board of Education Public Hearing Information:
​The Oregon Department of Education has received a petition to amend certain administrative rules pursuant to OAR 137-001-0070 (Petition to Promulgate, Amend, or Repeal Rule).

Petitioner proposes to amend two administrative rules. You may find the current rule language as filed linked below: 
  • OAR 581-015-2430: Removal to an Interim Alternative Educational Setting by Administrative Law Judge (Injurous Behavior) 
  • OAR 581-015-2360: Pre-Hearing Conference, Notice of Hearing, and Hearing Rights  

A decision must be made on whether to deny the petition or initiate a rulemaking. In order to inform that decision, ODE is opening a public comment period on the rule amendments proposed by the petitioner.

This public comment period is not a substitute for the rulemaking process. If the decision is made to initiate rulemaking, ODE will begin its usual rulemaking process, which will include additional opportunities for engagement and public comment, and presentations to the State Board of Education.

Invitation for Public Comment


Pursuant to OAR 137.001.0070(3) the Department is inviting written public comment on the proposed amendments, including whether options exist for achieving the rule’s substantive goals in a way that reduces negative economic impact on businesses. 

Written public comment may be submitted to the Department by email (ode.ruletestimony@ode.oregon.gov) or mail (Oregon Department of Education, Attention Rules Coordinator, 255 Capitol Street NE, Salem, OR 97310).

The public comment period will close on Tuesday, October 28, 2025.


State Board of Education Public Hearing Information:

State Board of Education materials and all written public comments are posted to the State Board's online BoardBook approximately one week prior to each meeting. The public comment period for these rules is from August 26, 2025 - October 16, 2025, at 9:00 AM.  

The State Board of Education will hear these administrative rule proposals as first reads on September 18, 2025. These rules are scheduled for a vote at the October 16, 2025, State Board of Education meeting.  

You may join the public hearing on zoom by clicking here. For more information about accessing the meeting or providing written comment, please refer to our public hearing instructions here. ODE will hold a public hearing on the proposed rules on September 16, 2025, from 3:00 – 3:30 pm: 

Fiscal Impact Statement: This change will ease the heavy administrative burden on district, ESD, and charter school staff, who currently have to coordinate yearly contracts and anticipate budgets without confirmed dollar amounts from the state. Similarly, this change will also ease a significant administrative burden on the state that results in delayed executed grant agreements. This rule change will free up state and local staff time to provide educational services.

Statement of Need: Since 2021, the Menstrual Dignity for Students Program has operated on a yearly cycle, providing school districts, charter schools, and ESDs new grants or grant amendments every year. 

Based on external feedback and ODE streamlining initiatives aimed at reducing administrative burden, ODE is proposing revising OAR 581-021-0596 to require a biennial grant and reimbursement process, rather than a yearly one. This would mean that ODE would determine how much funding is available to eligible entities each biennium, using 100% of the legislatively approved budget, without a 49% / 51% yearly split.

Over the years, districts, charter schools, and ESDs have communicated that the current process puts a heavy administrative burden on district staff. The current process is also a heavy administrative burden on ODE resulting in delayed executed grant agreements. Furthermore, recalculation of ADM annually has not shown to significantly impact funding amounts to individual districts. The current process requires districts, charter schools, and ESDs to sign new grant agreements every year and does not provide districts with confirmed dollar amounts with which to budget for purchases ahead of time.
​

Fiscal Impact Statement: The adoption of these permanent rules will primarily affect the Oregon Department of Education (ODE), school districts, education service districts (ESDs), public charter schools, and federally recognized Tribes. The rules establish processes for applying for, awarding, and duration of State Summer Learning Grants created under HB 2007 (2025). 
  • State Agencies: ODE will incur administrative costs to manage the grant process, application review, technical assistance, monitoring, reporting, and alignment of state initiatives. These costs will be covered by the legislative appropriation under HB 5047 for HB 2007 implementation. 
  • School Districts, ESDs, Charter Schools, and Tribes: Eligible entities may receive grant funds to operate summer learning programs. These grants provide direct fiscal benefit by supporting operations costs for staffing, transportation, professional learning, and student services. Administrative and reporting requirements may create some additional workload, but these expenses are anticipated to be offset by grant resources. 
  • Youth Serving Entities, Community Organizations, Businesses, and the Public: Students, families, and communities will benefit from increased access to high quality summer learning programs. Community-based organizations partnering with eligible entities may receive subcontracts or service agreements, resulting in a positive economic effect for local providers. No adverse impact on private businesses or the general public is anticipated. 

Overall, the fiscal and economic impacts of these rules are positive, as they distribute state funds to increase and expand access to summer learning opportunities, while requiring some additional administrative effort from local education providers.

Statement of Need: HB 2007 (2025) created the State Summer Learning Grant program and the Oregon Department of Education (ODE) must establish permanent administrative rules to guide its implementation. These rules are necessary to define key terms, establish prioritization criteria, outline the funding process, and set the term length of grant awards. Without permanent rules, ODE cannot equitably and transparently administer grants, ensure statewide alignment with legislative intent, or provide clear guidance to eligible entities. The proposed rules will provide the foundational framework for awarding multi-year summer learning grants, supporting high-quality, equitable programming across the state.​
​

PROPOSED RULES REVISION NOTICE: PUPIL TRANSPORTATION​


Fiscal Impact Statement: Some changes to the minimum standards for Oregon school buses may result in increases to the total cost of new vehicle acquisition.  These costs will typically be eligible for reimbursement from the state school fund as any eligible asset or cost is under Oregon Administrative Rule 581-023-0040.

Statement of Need: Changes to Oregon school bus minimum standards following the national congress on school transportation in May (NCST) to align Oregon's requirements with the national standards as required in statute, changes responsive to small business whose services were categorically excluded from approval based on technical rule language, and clarity around administrative details and process of ODE's pupil transportation unit.​


 Rules Approved in the 2025-26 School Year

Approved Rules:

​​To view how staff responded to feedback on rulemaking from members of the public, including through engagements and public comment, please visit the State Board of Education Boardbook website here, and click, "Attachments" on the left.  This will display all attachments for State Board of Education agenda items.  Each Board item has a "Docket".  Section 10 of each docket will address how feedback on each rule set shaped rules.​

PUPIL TRANSPORTATION TECHNICAL UPDATES 2025: RULES REVISION​

Here you will find links and information associated with the approval of this rule set:

  • Approved Rules as now filed with the Secretary of State's OAR Dashboard:
  • Prior Rule Language: Here you will find a copy of the rule language prior to the October 16th update to rule language.
  • Fiscal Impact Statement: Some changes to the minimum standards for Oregon school buses may result in increases to the total cost of new vehicle acquisition.  These costs will typically be eligible for reimbursement from the state school fund as any eligible asset or cost is under OAR 581-023-0040.
  • Statement of Need: Changes to Oregon school bus minimum standards following the national congress on school transportation in May (NCST) to align Oregon's requirements with the national standards as required in statute, changes responsive to small business whose services were categorically excluded from approval based on technical rule language, and clarity around administrative details and process of ODE's pupil transportation unit.​


MENSTRUAL DIGNITY FOR STUDENTS REIMBURSEMENT PROGRAM PROCESS IMPROVEMENTS: RULES REVISION

Here you will find links and information associated with the approval of this rule set:

  • Approved Rules as now filed with the Secretary of State's OAR Dashboard:
  • Prior Rule Language: Here you will find a copy of the rule language prior to the October 16th update to rule language.​
  • Fiscal Impact Statement: This change will ease the heavy administrative burden on district, ESD, and charter school staff, who currently have to coordinate yearly contracts and anticipate budgets without confirmed dollar amounts from the state. Similarly, this change will also ease a significant administrative burden on the state that results in delayed executed grant agreements. This rule change will free up state and local staff time to provide educational services.​
  • Statement of Need: 
    • ​Since 2021, the Menstrual Dignity for Students Program has operated on a yearly cycle, providing school districts, charter schools, and ESDs new grants or grant amendments every year. 
    • Based on external feedback and ODE streamlining initiatives aimed at reducing administrative burden, ODE is proposing revising OAR 581-021-0596 to require a biennial grant and reimbursement process, rather than a yearly one. This would mean that ODE would determine how much funding is available to eligible entities each biennium, using 100% of the legislatively approved budget, without a 49% / 51% yearly split.
    • Over the years, districts, charter schools, and ESDs have communicated that the current process puts a heavy administrative burden on district staff. The current process is also a heavy administrative burden on ODE resulting in delayed executed grant agreements. Furthermore, recalculation of ADM annually has not shown to significantly impact funding amounts to individual districts. The current process requires districts, charter schools, and ESDs to sign new grant agreements every year and does not provide districts with confirmed dollar amounts with which to budget for purchases ahead of time.​

HB 2007 (2025) BILL IMPLEMENTATION: STATE SUMMER LEARNING GRANT PROGRAM: NEW RULES


Here you will find links and information associated with the approval of this rule set:
  • Approved Rules as now filed with the Secretary of State's OAR Dashboard:
  • Fiscal Impact Statement: The adoption of these permanent rules will primarily affect the Oregon Department of Education (ODE), school districts, education service districts (ESDs), public charter schools, and federally recognized Tribes. The rules establish processes for applying for, awarding, and duration of State Summer Learning Grants created under HB 2007 (2025). 
    • State Agencies: ODE will incur administrative costs to manage the grant process, application review, technical assistance, monitoring, reporting, and alignment of state initiatives. These costs will be covered by the legislative appropriation under HB 5047 for HB 2007 implementation.
    • School Districts, ESDs, Charter Schools, and Tribes: Eligible entities may receive grant funds to operate summer learning programs. These grants provide direct fiscal benefit by supporting operations costs for staffing, transportation, professional learning, and student services. Administrative and reporting requirements may create some additional workload, but these expenses are anticipated to be offset by grant resources. 
    • Youth Serving Entities, Community Organizations, Businesses, and the Public: Students, families, and communities will benefit from increased access to highquality summer learning programs. Community-based organizations partnering with eligible entities may receive subcontracts or service agreements, resulting in a positive economic effect for local providers. No adverse impact on private businesses or the general public is anticipated. Overall, the fiscal and economic impacts of these rules are positive, as they distribute state funds to increase and expand access to summer learning opportunities, while requiring some additional administrative effort from local education providers.
  • Statement of Need: HB 2007 (2025) created the State Summer Learning Grant program and the Oregon Department of Education (ODE) must establish permanent administrative rules to guide its implementation. These rules are necessary to define key terms, establish prioritization criteria, outline the funding process, and set the term length of grant awards. Without permanent rules, ODE cannot equitably and transparently administer grants, ensure statewide alignment with legislative intent, or provide clear guidance to eligible entities. The proposed rules will provide the foundational framework for awarding multi-year summer learning grants, supporting high-quality, equitable programming across the state.​​

Approved Rules:

​To view how staff responded to feedback on rulemaking from members of the public, including through engagements and public comment, please visit the State Board of Education Boardbook website here, and click, "Attachments" on the left.  This will display all attachments for State Board of Education agenda items.  Each Board item has a "Docket".  Section 10 of each docket will address how feedback on each rule set shaped rules.

HB 2453 (2025) BILL IMPLEMENTATION: DISTRICT EQUITY COMMITTEES UPDATES: TEMPORARY RULE REVISIONS

Please note that the temporary rule language will go into effect on October 1, 2025.  Here you will find links and information associated with the approval of this rule set:

  • Approved Rule as now filed with the Secretary of State's OAR Dashboard: OAR 581-022-2307.
  • Prior Rule Language: Here you will find a copy of the permanent rule language prior to the temporary amendments approval.
  • Fiscal Impact Statement: No fiscal impacts are anticipated. The administrative demands of establishing a District Equity Committee could be lessened by the changes that HB 2453 makes and these temporary rules reflect because fewer bodies need to approve committee membership and the removal of public meeting law applicability will likely ease existing challenges to recruiting committee members.
  • Justification for Temporary Rulemaking: HB 2453 makes substantial changes to how District Equity Committees operate. These temporary rule revisions bring OAR 581-022-2307 into alignment with current statute. The reasoning for pursuing temporary rules for faster adoption is because districts are required to have these committees established now. The vast majority of Oregon school districts are required to first convene their district equity committee by September 15th of this year.​


STATE SCHOOL FUND AND STATEWIDE EDUCATION INITIATIVES ACCOUNT FUND CALCULATION FOR APPROVED RECOVERY SCHOOLS: TEMPORARY RULE REVISIONS

Here you will find links and information associated with the approval of this rule set:

  • Approved Rule as now filed with the Secretary of State's OAR Dashboard: OAR 581-030-4100​.
  • Prior Rule Language: Here you will find a copy of the permanent rule language prior to the temporary amendments approval.
  • Fiscal Impact Statement: The proposed amendments ensure alignment with statute and support practical administration.  Adopting the amended OARs will allow the Department to continue administering allocations for the approved recovery schools.
  • Justification for Temporary Rulemaking: The new program statutes have proven difficult to implement as written. Previous rules attempted to solve conflicts within statute. As part of the rulemaking process:
    • The Secretary of State transmits all adopted, amended, and repealed rules to the Office of Legislative Counsel; and
    • Legislative Counsel determines whether the adoption, amendment, or repeal is within the scope of the enabling legislation.
    • ​Pursuant to this process, Legislative Counsel informed ODE that the State School Fund distribution formula as written is not within the scope of the law.  We are bringing temporary OAR to State Board now to better align with statute and intent and because new allocations need to be updated for 2025-26 school year.

ASSESSMENTS MANUAL UPDATE: TEMPORARY RULE REVISION

Please note that the temporary rule language will go into effect on October 1, 2025, to correlate with the release of the new manuals named in rule.  Here you will find links and information associated with the approval of this rule set:

  • Approved Rule as now filed with the Secretary of State's OAR Dashboard: OAR 5​81-022-2100.
  • Note on Rule Language: The rule language remains the same.  This rule is being updated in order to implement the new manuals referenced in rule.  To learn more about this rule update, please go on the State Board of Education Boardbook website, to the September 18, 2025, meeting link.
  • Fiscal Impact Statement: The manuals in question tell district employees and volunteers what practices to follow when administering statewide assessments.  Board action will ensure that district personnel have what they need to administer required statewide assessments and support their students during testing.
  • Justification for Temporary Rulemaking: In order to give our cornerstone manuals the force of rule, we need the most recent versions to be adopted by the State Board of Education each year.​


 Rules Approved in the 2024-25 School Year

​To view how staff responded to feedback on rulemaking from members of the public, including through engagements and public comment, please visit the State Board of Education Boardbook website here, click, "Attachments" on the left.  This will display all attachments for State Board of Education agenda items.  Each Board item has a "Docket".  Section 10 of each docket will address how feedback on each rule set shaped rules.


DIGITAL, ELECTRONIC, OR WEB-BASED MATERIALS AND MEDIA TECHNICAL FIX

Here you will find links and information associated with the approval of this rule set:
  • Approved Rule as now filed with the Secretary of State's OAR Dashboard:​ OAR 581-011-0087.
  • Prior Rule Language: Here you will find a copy of the rule language prior to the rule approval.
  • Fiscal Impact Statement: This will positively impact districts by increasing their access to OER in their free-use format.​​
  • Statement of Need: There is a phrase within the OAR that has created unintended barriers for publishers of Open Educational Resources. To increase the amount of free, high-quality instructional materials that districts have access to, the removal of the phrase will allow ODE to waive specific third-party requirements for free materials. This change will match the language that is provided in Division 22 regarding Independent Adoptions, bringing the administrative rules into alignment with each other.​

ADMINISTRATION OF STATE ASSESSMENTS RULE REVISION

Here you will find links and information associated with the approval of this rule set:
  • Approved Rule as now filed with the Secretary of State's OAR Dashboard:​ OAR 581-022-2100.
  • Prior Rule Language: Here you will find a copy of the rule language prior to the rule approval.
  • Fiscal Impact Statement: There is no anticipated fiscal or economic impact to ODE, school districts, or other education agencies as a result of this rule revision. Rule language is being amended to accurately describe existing requirements (including the survey requirement in ORS 329.078).
  • Statement of Need: This rule update amends outdated rule language and incorporates survey administration required by the Oregon State Legislature (ORS 329.078).

SB 285 (2023) BILL IMPLEMENTATION: OREGON SCHOOL CAPITAL IMPROVEMENT MATCHING (OSCIM) RULES REVISION

Here you will find links and information associated with the approval of this rule set:

PROFESSIONAL STANDARDS FOR EDUCATION LEADERS - RULES REVISION

Here you will find links and information associated with the adoption of these rules:
  • Approved Rules as now filed with the Secretary of State's OAR Dashboard:​
  • Prior Rule Language: Here you will find a copy of the rule language prior to the rule approval.
  • Fiscal Impact Statement: No Fiscal Impact.
  • Statement of Need: The Oregon Department of Education (ODE) seeks to adopt the Professional Standards for Educational Leadership (PSEL) to replace the adapted Interstate School Leaders Licensure Consortium (ISLLC) standards currently reflected in Oregon Administrative Rule. The adoption of PSEL comes as part of a larger national understanding that strong education leadership plays a crucial role in improving student outcomes. Research consistently demonstrates that school leaders are second only to classroom teachers in their impact on student le​arning and achievement. By providing leadership that is focused on improving teaching practices, fostering a positive school culture, and ensuring equitable educational opportunities, principals and other school leaders can drive substantial improvements in student performance.
  • Additional Document: This document is referenced in OAR 581-022-2420 and is linked here.

SURROGATE PARENTS AND TRANSFER OF PROCEDURAL RIGHTS AT THE AGE OF MAJORITY - TEMPORARY RULES REVISION

Here you will find links and information associated with the approval of this rule set:​

  • Approved Rules as now filed with the Secretary of State's OAR Dashboard:
  • Prior Rule Language: Here, you will find a copy of the rule language prior to the approval of temporary amendments.
  • Fiscal Impact Statement: 
    • The primary impact for school districts and ESDs relates to training individuals who wish to serve as surrogate parents. These surrogates must demonstrate understanding of their responsibilities and the principles of supported decision-making.​
    • Districts may need to update policies, procedures, and forms to reflect the new requirements, but these are routine administrative tasks that occur regularly with rule updates.
    • Small, rural, or remote communities may face greater challenges in finding qualified surrogate parents. Engagement feedback highlighted this concern, noting that these communities already struggle with surrogate parent availability. ODE will work to develop guidance, training materials, and explore possibilities for statewide training to address these challenges.​
  • Justification of Temporary Rulemaking: Failure to immediately adopt these temporary rules would leave disabled adult students and adult students experiencing disabilities who lack capacity to provide informed consent without appropriate educational decision-makers when they reach the age of majority, potentially resulting in disrupted or inappropriate educational services. School districts would face procedural uncertainty and potential legal liability without clear guidance on how to proceed in these situations, likely leading to inconsistent practices across the state that could disproportionately impact students from historically underserved communities. The temporary rules provide an essential framework that enables educational continuity for adult students while establishing consistent statewide procedures, preventing educational disruptions and ensuring appropriate special education services continue without interruption. This immediate action bridges the regulatory gap until permanent rules can be established.​

HB 3007 (2025) BILL IMPLEMENTATION: ACCOMMODATIONS FOR STUDENTS WITH BRAIN INJURIES - NEW TEMPORARY RULE

Here you will find links and information associated with the approval of this rule set:​
  • Approved Rule as now filed on the Secretary of State's OAR Dashboard: OAR 581-021-3007.
  • Fiscal Impact Statement: The proposed temporary rules will require public education providers to:
    • Short-term effects:
      • ​​Implement new procedures for developing accommodation plans when students are diagnosed with concussions.
      • ​Train staff on the new requirements and procedures.
      • ​Allocate staff time to complete required documentation and accommodation plans.
      • ​Adapt existing practices to comply with the new requirements.
    • Long-term effects:
      • ​Maintain ongoing compliance with accommodation plan requirements.
      • ​Continue staff training on concussion protocols and accommodation planning.
      • ​Monitor implementation of accommodation plans.
    • Differential impacts on small, rural, or remote communities:
      • ​​These communities may face greater challenges due to limited access to specialized staff (such as school nurses or athletic trainers).
      • ​Rural areas may have fewer resources to implement new administrative requirements.
      • ​​Families in remote areas may face barriers to obtaining required medical documentation due to healthcare access limitations.
      • ​​Smaller districts may need to assign additional responsibilities to existing staff who already have multiple roles.​
  • Justification of Temporary Rulemaking: HB 3007 applies to the 2025-2026 school year and establishes new requirements for ODE and public education providers:
    • OAR is required to clarify use of “Sample form.”
    • OAR is necessary to clarify that procedures developed by the Department must be used by public education providers to develop and implement an immediate and temporary accommodations plan for a student who has been diagnosed with a concussion or other brain injury.
    • OAR is necessary to clarify terms and mandates in HB 3007.​
    • OAR is necessary to clarify district requirements regarding components of an accommodation plan.

​​​STUDENT RECORDS AND CONDITIONS FOR DISCLOSURE - TEMPORARY-TO-PERMANENT RULEMAKING

Here you will find links and information associated with the approval of this rule set:​
  • Approved Rules as now filed with the Secretary of State's OAR Dashboard:
  • Prior Rule Language: Here, you will find a copy of the prior rule language prior to the approval of temporary-to-permanent rulemaking.
  • Fiscal Impact Statement: These rules will limit information school districts can request from students and will require modification of some districts’ enrollment forms and Student Information Systems. We foresee some costs for schools regarding changing student information systems and enrollment documents as well as some cost to ODE related to developing and providing technical assistance related to these changes. We foresee no cost for other state agencies or local governments.
  • Statement of Need: 
    • ​The Sanctuary Promise Act (HB 3265) was passed in 2021 to increase safety and protection measures for immigrant communities through increased support, as well as transparency and accountability regarding government interactions with federal immigration authorities.
    • ​Currently, districts are collecting information that has a chilling effect on families enrolling and sending students to schools. This amendment would limit what information is collected and included in a district’s directory information and student permanent record to comply with Oregon Sanctuary laws.
    • Additionally, ODE regulations defining when and what kind of student information an educational agency or institution can share with federal immigration authorities do not align with Oregon sanctuary laws. These updated rules limit the scope of what student information educational agencies and institutions can share publicly and clarify that educational agencies and institutions should not share a student’s immigration or citizenship status for the purpose of enforcement of federal immigration laws, unless required by a court order or a warrant authorized by a court.​

To view how staff responded to feedback on rulemaking from members of the public, including through engagements and public comment, please visit the State Board of Education Boardbook website here​, click, "Attachments" on the left.  This will display all attachments for State Board of Education agenda items.  Each Board item has a "Docket".  Section 10 of each docket will address how feedback on each rule set shaped rules.

​​

REPEAL OF AUDIT SUMMARY RULE

Here you will find a link and information associated with the removal of this rule: 
  • Prior Rule Language: Here, you will find a copy of the rule language prior to the rule repeal.
  • Fiscal Impact Statement: The audit summary rule is duplicative and can be retired without compromising the comprehensiveness of the data we currently collect. The rule was established prior to ODE's ability to collect financial data digitally from districts. This is duplicative information to what districts already submit. 
  • Statement of Need: The removal of OAR 581-023-0037 no longer requires districts to provide an additional attachment within the audit report that details district revenues and expenditures. This information is collected through data uploads that occur on an annual basis.

ELEMENTARY AND SECONDARY EDUCATION ACT (ESEA) EQUITABLE SERVICES COMPLAINT PROCESS NEW RULE

Here you will find a link to the new rule and information associated with this rule adoption:
  • Approved Rule as now filed on the Secretary of State's OAR Dashboard: OAR 581-002-0150.
  • Fiscal Impact Statement: This rule is not expected to have a fiscal and economic impact.
  • Statement of Need: Federal statute Elementary and Secondary Education Act (ESEA) requires each state to have a state-level complaint process in place for equitable service programs. A written policy has been in place since at least 2016. As per Oregon’s Department of Justice (DOJ), for the complaint process to be enforceable by the ODE, it must be a state rule.

EARLY LITERACY SUCCESS SCHOOL DISTRICT GRANT TECHNICAL UPDATES

Here you will find links and information associated with the approval of this rule set:
  • Approved Rules as now filed with the Secretary of State's OAR Dashboard:
  • Prior Rule Language: Here you will find a copy of the rule language prior to the rule approval.
  • Fiscal Impact Statement: Matching grant language changes should reduce administrative burden on districts.
  • Statement of Need: ODE proposed changing the OAR language based on ODE feedback cycles during the jumpstart biennium (2023 - 2025). Most of these rule changes are technical in nature to provide clarity for grant implementation and administration. These changes will ensure a smooth transition into the next biennium (2025-2027) of the grant implementation and administration.​​

AUDIT AND OTHER FINANCIAL APPEALS NEW RULE: SECURE RURAL SCHOOLS AND COMMUNITY ACT

Here you will find a link and information associated with the approval of this new rule:
  • Approved Rule as now filed on the Secretary of State's OAR Dashboard: OAR 581-001-0111​.
  • Fiscal Impact Statement: Matching grant language changes should reduce administrative burden on districts.
  • Statement of Need: ODE proposed changing the OAR language based on ODE feedback cycles during the jumpstart biennium (2023- 2025). Most of these rule changes are technical in nature to provide clarity for grant implementation and administration. These changes will ensure a smooth transition into the next biennium (2025-2027) of the grant implementation and administration.


​School Bus Driver Certification


​REPEAL OF DIVISION 49 RULES

ODE rules Division 49 initially set the Standards for the Accreditation of Emergency Medical Technology Education and Training Programs. Here you will find links associated with the repeal of Division 49 rules: 

  • Prior Rule Language: Here you will find a copy of the rule language prior to the rule repeal. 
  • Fiscal Impact Statement: The Oregon Department of Education (ODE) does not anticipate there being a fiscal and economic impact.  Please inquire with the Higher Education Coordinating Commission (HECC) and the Oregon Health Authority (OHA) on how their rules on this same topic will affect the economy in the State of Oregon. 
  • Statement of Need: Previously, Division 49 rules were needed for standards for the accreditation of emergency medical technology education and training programs.  Legislation and rulemaking relating to the need for these rules have transferred to the Higher Education Coordinating Commission (HECC) and the Oregon Health Authority (OHA). 

STUDENT RECORDS AND CONDITIONS FOR DISCLOSURE TEMPORARY RULE REVISIONS

Temporary rule revisions indicate that the temporary language to these rules will last for 180 days after the temporary language goes into effect. The temporary rule language went into effect on March 14, 2025, and will expire on September 9, 2025, unless the State Board of Education adopts the temporary language as permanent language before then. Here you will find links associated with the approval of this temporary rule set: 

  • Approved Rules as now filed on the Secretary of State’s OAR Dashboard: 
  • Prior Rule Language: Here you will find a copy of the rule language without the temporary rule language.
  • Statement of Need: OAR 581-021-0220 is amended to remove the following from the list of what may be included in directory information: a student’s address, telephone listing, electronic mail address, photograph, date and place of birth, weight and height of members of athletic teams, and the most recent previous educational agency or institution attended. Additionally, this amendment removes a student’s place of birth and social security number from the definition of a student’s permanent record. It also makes a minor change to clarify that online attendance in a school counts as attendance. OAR 581-021-0371 is amended to state that an educational agency or institution may not disclose certain student information (primarily, a student’s address, contact information, citizenship, and immigration status) to comply with a subpoena issued for the purpose of enforcement of federal immigration laws unless required by state or federal law, a court order, or a warrant authorized by a court. 
  • Justification of Temporary Filing:  The Sanctuary Promise Act (HB 3265) was passed in 2021 to increase safety and protection measures for immigrant communities through increased support, as well as transparency and accountability regarding government interactions with federal immigration authorities. Currently, districts are collecting information that has a chilling effect on families enrolling and sending students to schools. This amendment would limit what information is collected and included in a district’s directory information and student permanent record to comply with Oregon Sanctuary laws. Additionally, ODE regulations defining when and what kind of student information an educational agency or institution can share with federal immigration authorities do not align with Oregon sanctuary laws. These updated rules limit the scope of what student information educational agencies and institutions can share publicly and clarify that educational agencies and institutions should not share a student’s immigration or citizenship status for the purpose of enforcement of federal immigration laws, unless required by a court order or a warrant authorized by a court. 


​HOUSE BILL 2275 (2023) BILL IMPLEMENTATION: ACCELERATED COLLEGE CREDIT GRANTS 

In this ruleset, four new rules were adopted, with six rules being repealed. Here you will find links associated with the approval of this rule set: 

  • Approved Rules as now filed on the Secretary of State’s OAR Dashboard: 
  • Repealed Rule Copies: Here you will find a copy of the repealed language.​
  • Fiscal Impact Statement: These grant rules do not create additional costs for districts or communities. The grant programs have the potential to ease the cost burdens of districts and post-secondary institutions offering accelerated college credit programs, and students participating in these programs. 
  • Statement of Need: HB 2275 (2023) revised ORS 340, which governs accelerated college credit, sometimes called accelerated learning, in Oregon. ORS 340 establishes three grants: Accelerated College Credit Instructor Grant Program, Accelerated College Credit Planning Partnership Grant Program, and Accelerated College Credit Partnership Enhancement Grant Program. The change made to ORS 340 by HB 2275 gives ODE the legislative authority to offer these grants in the absence of a budget note related to the Accelerated Learning budget line. These grants help build the capacity of districts, educational service districts, and post-secondary institutions to offer college credit in high school.  Equitable access to these opportunities is a key metric for many ODE programs, including CTE/Perkins and High School Success. Only the Accelerated College Credit Instructor Grant Program has been offered, once during the 2019-2021 biennium. In order to implement section 11 of HB 2275, ODE needs to create or revise rules for all three of the grant programs. 

INTENSIVE PROGRAM RULES REVISION 

Here you will find links associated with the approval of this rule set: 

  • Approved Rules as now filed on the Secretary of State’s OAR Dashboard: 
  • Prior Rule Language: Here you will find a copy of the rule language prior to the rule approval​. 
  • Fiscal Impact Statement: Participating districts will receive additional funding to support coordination and collaboration. The  rules stipulate that participating districts will receive additional funding only if there are available program funds, so there will be no additional cost to the public if the proposed change is adopted. 
  • Statement of Need: Over several years of implementing the Intensive Program, ODE staff have received feedback about it from invited districts, participating districts, contracted stewards working directly with participating districts, and ODE's Office of Indian Education. 

FUNDING FOR YOUTH CORRECTIONS AND JUVENILE DETENTION RULES REVISION 

Here you will find links associated with the approval of this rule set: 

  • Approved Rules as now filed on the Secretary of State’s OAR Dashboard: 
  • Prior Rule Language: Here you will find a copy of the rule language prior to the rule approval. 
  • Fiscal Impact Statement: Fiscal impact of 581-015-2940 may be caused by insufficient funds to provide for the programs.  Funding gaps can be addressed through requests for additional funding from the Statewide Education Initiatives Account or the Legislative Emergency Board. Program funding needs will be assessed annually to determine if a fiscal impact exists. 
  • Statement of Need: SB 1552 (2024) creates the juvenile justice education fund, target level funding, a legislative report each biennium, and an appeal process which will be added to 581-015-2940.  581-015-2585 was reviewed and found to be out of date with reference to rules and missing key language from legislation passed multiple years ago. 

EARLY LITEARCY TRIBAL GRANTS RULES REVISION 

Here you will find links associated with the approval of this rule set: 

  • Approved Rules as now filed on the Secretary of State’s OAR Dashboard: 
  • Prior Rule Language: Here you will find a copy of the rule language prior to the rule approval.​
  • Fiscal Impact Statement: Fiscal impact of 581-015-2940 may be caused by insufficient funds to provide for the programs.  Funding gaps can be addressed through requests for additional funding from the Statewide Education Initiatives Account or the Legislative Emergency Board. Program funding needs will be assessed annually to determine if a fiscal impact exists. 
  • Statement of Need: SB 1552 (2024) creates the juvenile justice education fund, target level funding, a legislative report each biennium, and an appeal process which will be added to 581-015-2940.  581-015-2585 was reviewed and found to be out of date with reference to rules and missing key language from legislation passed multiple years ago. 


​TECHNICAL FIX: TRANSFER OF STUDENT EDUCATIONAL RECORDS RULES REVISION 

Here you will find links associated with the approval of this rule set: 

  • Approved Rules as now filed on the Secretary of State’s OAR Dashboard: 
  • Prior Rule Language: Here you will find a copy of the rule language prior to the rule approval​. 
  • Fiscal Impact Statement: There is no anticipated fiscal impact from this rule making. Currently districts are required to share paper copies, so this will allow them to avoid the costs of sending paper copies unless they are specifically requested. 
  • Statement of Need: The passage of House Bill (HB) 4124 (2022) required the Oregon Department of Education (ODE) to review challenges and develop solutions to the transfer of student education records. A committee of interested partners was assembled as required by the bill. The 4124 Committee examined in detail the complexities surrounding the transfer of student records in the state, highlighting significant issues including delays in both receiving and in sending student records, as well as challenges with storage and distribution of both electronic and paper student records. These rule fixes are designed to address one of the identified challenges. Clarifies educational agencies transferal of student records in a digital format. Also allows districts to remain with current paper processes if that is their process. 

HOUSE BILL 4137 (2024) BILL IMPLEMENTATION: INTERNATIONAL BACCALAUREATE STUDENTS AND THE OREGON DIPLOMA RULES REVISION 

Here you will find links associated with the approval of this rule set: 

  • Approved Rule as now filed on the Secretary of State’s OAR Dashboard: OAR 581-022-2000. 
  • Prior Rule Language: Here you will find a copy of the rule language prior to the rule approval​. 
  • Fiscal Impact Statement: This rulemaking has no anticipated fiscal impact on the Oregon Department of Education or school districts. 
  • Statement of Need: The International Baccalaureate Programs described in HB 4137 include the International Baccalaureate Diploma Programme and the International Baccalaureate Career-related Programme, and provide high-quality, well-rounded education to students in grades 11-12.  These programs focus on a holistic curriculum of deep and complex learning provided over two years, and can be articulated for credit at most colleges and universities. IB requirements are taken over two years, in grades 11-12, and divided into broad, holistic categories, while the Oregon Diploma requirements are spaced over four years with clear subject delineations. Classes from IB can be difficult to map onto Oregon Diploma requirements.  Including opportunities for students to meet both IB Program and Oregon Diploma requirements can be challenging for schools to accommodate in their Master Schedule. HB 4137 directs the State Board of Education to adopt rules by which a student who has satisfied the requirements of either the IB Diploma Programme or the IB Career-related Programme will also be considered to have satisfied the requirements for an Oregon Diploma. 

SENATE BILL 283 (2023) BILL IMPLEMENTATION: EDUCATION WORKFORCE SURVEY ADMINISTRATION NEW RULES 

Here you will find links associated with the approval of this rule set: 

  • Approved New Rules as now filed on the Secretary of State’s OAR Dashboard: 
  • Fiscal Impact Statement: The survey required by SB 283 is unfunded; ODE is unable to contract with an outside entity to develop, conduct, and report on the survey. ODE and district staff will absorb the responsibilities; therefore, the rules attempt to minimize the administrative and fiscal requirements for schools and districts. Rules require minimal resource allocation (time, staffing, financial resources) for the administration of the required survey within school and district buildings. 
  • Statement of Need: SB 283 Section 4 directs ODE to annually administer a survey of the education workforce, and for the State Board to adopt standards for the survey in consultation with the Educator Advancement Council. 


​TECHNICAL FIX: FUND ADMINISTRATION FOR STUDENT INVESTMENT ACCOUNT, HIGH SCHOOL SUCCESS, AND EARLY LITEARCY RULES REVISION 

Here you will find links associated with the approval of this rule set: 

HOUSE BILL 4084 (2024) BILL IMPLEMENTATION: PILOT GRANT TO IMPROVE EDUCATIONAL OUTCOMES OF FOSTER CARE STUDENTS NEW RULES 

Here you will find links associated with the approval of this rule set: 

  • ​Approved New Rules as now filed on the Secretary of State’s OAR Dashboard: 
  • Fiscal Impact Statement: The selected schools have been awarded $150,000 and have been able to determine how to use the funding to achieve the purposes established in legislation. The rules allow districts to use up to 5% for grant administration. 
  • Statement of Need: The timeline established by HB 4084 required that participating districts receive grant funds by July 1, 2024, which constituted an immediate need for temporary rules to be passed. These rules were intended to aid the selected schools in their implementation of the Pilot Program. Because this program will be sunsetting in June of 2025, these rules need to be permanent so the selected schools may continue to be guided by them in their implementation of this program. 

SENATE BILL 1532 (2024) BILL IMPLEMENTATION: IMMIGRANT AND REFUGEE STUDENT SUCCESS PLAN GRANT PROGRAM NEW RULES 

Here you will find links associated with the approval of this rule set: 

  • Approved New Rules as now filed on the Secretary of State’s OAR Dashboard: 
  • Fiscal Impact Statement: These rules allow for the expenditure of Grants in Aid funding allocated to the agency for this purpose. The grant program funds will be allocated to eligible entities through the Office of Equity, Diversity, and Inclusion within ODE. The rule will provide Early Learning Hubs, providers of early learning services, school districts, Educational Service Districts, post-secondary institutions of education, Tribal governments, Community Based Organizations or a consortium of these entities, the opportunity to apply for funding for programming that achieves the objectives of the  identify best and promising practices for accomplishing the statutory objectives of the Immigrant/Refugee Student Success Plan (I/R SSP). Through the implementation of the Immigrant/Refugee Student Success Plan grant program, best and promising practices will be identified for the purpose of scaling across local education agencies throughout the state to improve Oregon educational systems to better serve Immigrant/Refugee youth. 
  • Statement of Need: The purpose of coming before the Oregon Department of Education State Board of Education is to share proposed permanent rules for the Immigrant and Refugee Student Success Plan that is to be established under Senate Bill 1532 (2024). Areas that are addressed in these permanent rules are: the temporary OARs for Definitions; Establishment; Eligibility; Criteria; Funding; Reporting. During the 2024 legislative session, the Oregon Department of Education was provided $4M is GIA per biennium, with $2M in funding provided for the last year of the 23-25 biennium through Senate Bill 1532. This funding will establish a grant program which supports the implementation of the Immigrant and Refugee Student Success Plan strategies. The requested adoption of permanent rule sets will allow for the grant program's establishment and implementation. This permanent rule language is rooted in three community engagement sessions and internal ODE review. OEDI is seeking the adoption of permanent rules. This is the first time that this rule set is being presented for permanent rule adoption. Temporary rules were effective on June 14, 2024, and expire on December 10, 2024. 


​TECHNICAL FIX: CIVIL RIGHTS COORDINATORS RULES REVISION 

Here you will find links associated with the approval of this rule set: 

  • Approved Rules as now filed on the Secretary of State’s OAR Dashboard: 
  • Prior Rule Language: Here you will find a copy of the rule language prior to the rule approval. 
  • Fiscal Impact Statement: Districts are already required to adhere to state and federal nondiscrimination law. Additional staff time may be required for districts and charter schools to meet training requirements; ODE will be offering free annual trainings to meet requirements. Community engagement: districts and charter schools are concerned about capacity and lack of funding. 
  • Statement of Need: These rules require districts to designate one or more Civil Rights Coordinators to oversee compliance with state and federal nondiscrimination laws. Discrimination means different treatment on the basis of a protected class identity (same meaning as ORS 659.850).  Districts are already required to follow state and federal nondiscrimination laws. These include: 
    • Title VI of the Civil Rights Act of 1964 - Race, Color, National Origin  
    • Title IX of the Education Amendments of 1972 - Sex, Gender Identity, Sexual Orientation 
    • Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990  - Disability 
    • ORS 659.850 - Age, Color, Disability, Gender Identity, Marital Status, National Origin, Race, Religion, Sex, Sexual Orientation 
    • ​The Civil Rights Coordinator(s) shall monitor, coordinate, and oversee compliance with these laws and oversee complaints investigations and resolutions as well coordinate prevention of civil rights violations. 

HB 2767 (2023) BILL IMPLEMENTATION: STANDARDS FOR APPROVED RECOVERY SCHOOLS – NEW RULES 

Here you will find links associated with the approval of this rule set: 

TECHNICAL FIX: SENATE BILL 3 (2023) BILL IMPLEMENTATION 

Here you will find links associated with the approval of this rule set: 

  • Approved Rules as now filed on the Secretary of State’s OAR Dashboard: 
  • Prior Rule Language: Here you will find a copy of the rule language on OAR 581-022-2010 prior to the rule approval. 
  • Fiscal Impact Statement: Potential impacts to staffing levels (FTE) depending on who is identified to teach the courses. Additional professional learning and training may be necessary to prepare educators for the courses. Instructional materials may require a cost to districts. If CTE educators are required to offer Personal Financial Education in lieu of offering a full Program of Study, this could impact funding for CTE. 
  • Statement of Need: These technical fixes are needed in order to implement SB 3 (2023).  The temporary rule speaks to financial education and career pathway requirements in order to graduate high school in the state of Oregon.  In addition, the modified diploma rule has a mathematical incorrection in the number of credits needed to graduate high school with a modified diploma.  This is now being fixed. 
PUPIL TRANSPORTATION RULES REVISION 
Here you will find links associated with the approval of this rule set: 

COMPLAINTS AND APPEALS IMPROVEMENT PROCESS: NEW AND REPEALED RULES 

Here you will find links associated with the approval of this rule set: 

  • Adopted Rules as now filed on the Secretary of State’s OAR Dashboard: 
  • Prior Rule Language: Here you will find a copy of the rules now repealed. 
  • Fiscal Impact Statement: The proposed rules would not increase or decrease the circumstances under which the Oregon Department of Education accepts complaints or appeals. The proposed rules would allow the department to investigate possible violations of educational standards codified in OAR Chapter 581, Division 022 (Division 22 standards), on its own initiative, without receiving a complaint or appeal. However, the proposed rules also would streamline complaint and appeals procedures, reducing the amount of resources that the department needs to expend on each investigation. Taken together, the proposals should not increase the department’s fiscal responsibilities. The proposed rules do not change any education standard or other law requiring compliance by K-12 public education entities. The proposed rules also do not increase the department’s remedial powers. Under the proposed rules, the department only would be able to order K-12 public education entities to review or rewrite policies, review or redesign processes or procedures, participate in specified training, receive technical assistance from the department, or develop a corrective action plan to come into compliance with a Division 22 standard. The proposals would not increase K-12 public education entities’ fiscal responsibilities. 
  • Statement of Need: Currently, the Oregon Department of Education takes on appeal complaints alleging discrimination, restraint, seclusion, retaliation, and violations of educational standards codified in OAR Chapter 581, Division 022 (Division 022 standards). The department has identified several areas where its current appeals procedures (set forth in OAR 581-002-0001 to 581-002-0023) need to improve, including that (1) the procedures are not as timely or efficient as they need to be; and (2) complaints alleging violations of Division 022 standards require different investigatory procedures and remedies than other types of complaints. With those considerations in mind, the proposed rules would enact two major changes. First, the proposed rules would require the department to immediately issue a final order after concluding an investigation as opposed to allowing the parties an opportunity to settle the matter before the department orders corrective action. Importantly, the parties would still be able to settle the matter at any time before the department concludes its investigation. Second, the proposed rules create a different process for complaints alleging violations of Division 022 standards than for appeals of complaints alleging discrimination, restraint, seclusion, or retaliation. Even though many elements of the existing procedures would remain the same as those set forth in current OAR 581-002-0001 to 581-002-0023, the clearest way to write these proposals – given the number of changes that need to be made – is to repeal the existing rules and write new rules. Also, the clearest way to codify the proposed rules is to create a new division within OAR Chapter 581 that is specific to complaint and appeals processes: OAR Chapter 581, Division 075. 

SENATE BILLS 283 (2023), 5506 (2023), 5701 (2024) BILL IMPLEMENTATION: SPECIAL EDUCATION STAFF STIPEND GRANT PROGRAM NEW RULE

Here you will find links associated with the approval of this rule set: 

  • Approved New Rule: OAR 581-017-1000. 
  • Fiscal Impact Statement: Our aim has been to keep the requirements to districts extremely simple so that we encourage the maximum number of districts to participate in obtaining these funds and distributing them to their educators.   We anticipate distributing funds to all 197 districts and 19 ESDs in Oregon.  We anticipate distributing all $8.9M allocated to these grants from the Emergency Fund equally among applicant districts’ qualified educators. 
  • Statement of Need: In order to implement the intent of SB 5506, rules need to be created to frame these stipends these rules are primarily technical as the legislative intent is simple and has been made clear to us for these one-time funds ODE’s/EAC’s role in this is to facilitate the logistical work of getting the stipends out to educators.