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Administrative rules and FAQs on recent legislation Print E-mail

chuck-bennett.jpgby  Chuck Bennett, Director of Governmental Relations

Yesterday, ODE released a series of rule drafts aimed at hearings and adoption by the State Board of Education over the next eight months. We’ve had several questions from superintendents about the list and the context of them. Bottom line is that there are no major changes in rules not expected from legislation passed in the last Session. Below is a summary and timeline.

You will notice that there are no plans to do rulemaking on the Inter-District Transfer Law (HB 3681) that passed last Session. Cindy Hunt at ODE, the author of the rules listed blow, has determined that the best way to handle issues around the new law is through an FAQ (frequently asked questions). Several districts or groups of districts have sent Cindy their questions and COSA has been compiling others that come our way. If you have questions please send them to Cindy Hunt or me and we’ll get them into the mix.

Topping the list coming out of ODE yesterday was a set of rule changes seeking comment by November 1. Here’s a synopsis of the rules under review:

Set for hearing on October 26 at ODE with public comment open until November 1:

  • OAR 581-033-1133 – Extended Diploma – allows a student to either receive their diploma by four years (or sooner) after entering grade 9 or by the time they reach 21 years of age. It sets out consent requirements and reporting requirements on the number of students seeking the diplomas under the rule.
  • OAR 581-022-1134 – Modified Diploma – sets out consent requirements similar to the previous rule and then adds a substantial new section on district obligations to students seeking modified diplomas including: comparable instruction hours and services to those students attending the public high school; IEP team responsibilities; notice requirements to parents; and a requirement that districts have on-site access to resources for students seeking modified diplomas.
  • OAR 581-022-1135 – Alternative Certificate – again set out consent requirements similar to the other two rules being heard, sets out requirements for comparable instructional  hours, IEP team involvement, notice to parents and on-site resources as the above modified diploma rule.

Public comments are due to ODE on the following rules by November 1 (note that no public hearing has been set on these and there won’t be one unless there is a need reflected in public comments):

  • There are a series of rules covering requirements under SB 800, the Mandate Relief Bill passed in the last Session of the Legislature. Here are the highlights of the rules: requirements for annual financial reporting by charter schools to ODE and sponsors; repeal of interscholastic activity districts and rules around their activities, and appeals process; new requirements on the transfer of student education records including notice requirements between the students former school and their new school;  allowing districts to provide written, emailed or web based copies of state required performance reports; a rule adding school library programs to the programs eligible for School Improvement Funds;  and repealing the reporting requirements under the SIF.
  • OAR 581-015-2570, 2571, 2572, 2573 and 2574 – Long-Term Care and Treatment – does some work on definitions, primarily substituting current definitions of “state agency” with references to public and private entities and a child’s parent as well as specifically referencing the Oregon Department of Human Services. The rules also deal with program eligibility and approval requirements, and the funding formula.
  • 581-020-0342, 0343, 0339 – On-line Charter Schools -- follows legislation in HB 2301 and repeals 0339 on attendance rules and then outlines the new rules for on-line schools in the other two rules.  0342 outlines the enrollment rules around on-line charter schools including parental notice, possible school district responses and timelines. New to the rule is the ability of a district to deny on-line education to student because the district has reached a point where three percent of its students have already enrolled in an on-line school. It gives some guidance on how to calculate the 3% by saying the district is only required to use data that is reasonably available to the district and then gives examples of sources for information that can be used to calculate total student population in a district.  0343 outlines a student’s appeal process if they are denied enrollment at an on-line charter school.
  • OAR 581-023-0015 – Remote Small Elementary Schools and Small High School Weightings -- allows a small elementary school to qualify as remote and therefore receive more funds if it is not within 8 miles of another elementary school in the same school district.  This change in state law and reflected in this rule allows 22 more elementary schools in the state to qualify for remote funding.
  • OAR 581-022-1720, 1723, 1724 and 1725 – Personnel Policies, Evaluation, Teaching and Administrative Standards – This set of OARs cover the changes made in SB 290. Basically the new rules set up standards for evaluation of teachers and administrators statewide. The basic standards for both teachers and administrators are based on national models --- for administrators the standards are found in the Educational Leadership Constituents Council Administrator Standards and the Interstate School Leaders Licensure Consortium Standards. For teachers similar national standards are published by the Interstate Teacher Assessment and Support Consortium in its core teaching standards. The same standards are used by TSPC. Evaluations are to begin statewide in July 2013.  The new law also requires that the standards be customized by each district based on collaborative efforts of teachers and administrators and the bargaining agent for teachers. The rules also follow the statute in outlining the basic components of the process.
  • OAR 581-023-0040 – School Transportation – updates school bus regulations and funding formula.

The rulemaking announcement also set a series of public hearings next year on a series of rules:

  • Jan. 6 – OAR 581-020-0345 – Timeline Extensions for Charter Approvals and Renewals – allows the superintendent of public instruction to grant extensions requested by a school district for charter approval or renewal process.  OAR 581-020-0421 – Safety of School Sports, Concussions – adds psychologists license by the Board of Psychologist Examiners to the list of health care professionals who can grant releases in cases of concussion allowing the student to again participate in sports.
  • Jan 26 – OAR 581-053-0002, 0006 – Pupil Transportation and Bus Driver Training and Certification.
  • Feb. 23 – OAR 581-015-0610 – State Assessment – outlines changes in administration of the OAKS and ELPA tests.
  • March 23 – OAR 581-015-2950 – Sets 176 minimum days for students under the Youth Corrections Education Program and Juvenile Corrections Education Program.  OAR 581-001-0005 – Adopts the AG’s model rules of procedure for special education complaint evaluations.
  • May 25 – OAR-022-0615 – Assessment of Essential Skills –sets up rules for meeting proficiency requirements in essential skills. It outlines district responsibilities in setting up these evaluation plans.


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This page was last updated on Thursday, September 29, 2011 .