justicedao/ipfs_state_laws huggingface dataset:
581-013-0025 Biennial Plan (1) School districts and charter schools must prepare a biennial plan that addresses proposed spending of High School Graduation and College and Career Readiness Fund monies. (a) An ESD may prepare a biennial plan on behalf of an education program under the Youth Corrections Education Program or the Juvenile Detention Education Program. (b) School districts and charter schools may collaborate and submit one plan on behalf of multiple participants. (c) An ESD may prepare a biennial plan on behalf of a consortium of school districts and charter schools. (2) The biennial plan must: (a) Cover a minimum of four years but may be longer. The biennial plan submitted in 2018 need only cover three years but may be longer; (b) Comply with the requirements of section 2017 OL 615, Section 7 (Enrolled HB 2246) ; (c) Prioritize spending on programs that serve those students identified by the school district as most at-risk of not graduating or being college or career ready, historically and traditionally marginalized and historically underrepresented; (d) Identify resources and specific strategies for historically and traditionally marginalized students and historically underrepresented students and demonstrate what will be accomplished; (e) Identify supports for teachers, counselors, and administrators to implement specific strategies; and (f) Identify projections for disaggregated targets related to graduation; student participation in and completion of CTE and dual credit, advanced placement, International Baccalaureate, or comparable college-level courses; improvements in attendance; student progress towards career pathways; and projections for “Freshman-on-Track;” (g) Demonstrate coordination between the areas of spending. Each biennium the Department will announce a deadline for biennial plan submission. (4) The Oregon Department of Education must review biennial plans submitted by each district to determine whether the plan should be approved. Plans will be approved if they meet the requirements of (2) of this rule. (5) School districts, charter schools, and ESDs may amend an approved biennial plan so long as the amendment is done in consultation with the Oregon Department of Education and the amended biennial plan is approved by the Oregon Department of Education as required in subsection (2) of this rule. Statutory/Other Authority: OL 2017, Sec. 1 & Ch. 1 Statutes/Other Implemented: Sec. 1, Ch. 1 & OL 2017 History: ODE 12-2018, amend filed 04/27/2018, effective 04/27/2018 ODE 3-2017, f. & cert. ef. 3-1-17
581-013-0030 Reporting (1) Prior to the end of each fiscal year, a school district, charter school, or ESD that has received funds from the High School Graduation and College and Career Readiness Fund must file with the Oregon Department of Education (a) An expenditure report; and (b) Verification that monies from the High School Graduation and College and Career Readiness Fund were used to establish or expand programs, opportunities, or strategies under section 1, chapter 1, Oregon Laws 2017 and were not used to maintain programs, opportunities, or strategies established prior to December 8, 2016, except when a use is necessary to replace the loss or expiration of time-limited grants, federal funds, and funds that support extended co-enrollment programs in effect prior to December 8, 2016. (2) Prior to the end of each biennium, a school district, charter school, or ESD that has received funds from the High School Graduation and College and Career Readiness Fund must report to the Oregon Department of Education progress toward the agreed upon targets in the approved biennial plan. Statutory/Other Authority: Sec. 1, Ch. 1 & OL 2017 Statutes/Other Implemented: Sec. 1, Ch. 1 & OL 2017 History: ODE 3-2017, f. & cert. ef. 3-1-17
581-013-0035 Monitoring and Technical Assistance (1) To ensure the High School Graduation and College and Career Readiness Fund improves student’s progress towards graduation beginning with grade 9, graduation rates, and college and career readiness, the Oregon Department of Education will monitor the following (a) Participating school district, charter school, or ESD’s spending to ensure that spending aligns with the school district, charter school, or ESD’s approved biennial plan; and (b) Progress on targets identified by the school district, charter school, or ESD in the biennial plan and on multiple-measure indicators designated by the Oregon Department of Education as reflecting college and career readiness. (2) The Oregon Department of Education will rely on formative and summative reporting on spending and progress on targets and indicators. (3) At the end of each fiscal year the Oregon Department of Education shall identify school districts, charter schools, and ESDs that are not spending High School Graduation and College and Career Readiness Fund monies in accordance with the school district, charter school, or ESD’s approved biennial plan. The Oregon Department of Education shall partner and collaborate with the identified school districts, charter schools, and ESDs to ensure monies from the High School Graduation and College and Career Readiness Fund are being spent appropriately and, if necessary, direct the expenditure of funds or revise the school district, charter school, or ESD’s biennial plan. (4) At the end of each biennium, the Oregon Department of Education shall identify school districts and charter schools that are not making progress on the targets identified in the school district, charter school, or ESD’s approved biennial plan or on the multiple-measure indicators designated by the Oregon Department of Education as reflecting college and career readiness. The Oregon Department of Education shall partner and collaborate with the identified school districts, charter schools, and ESDs to determine the specific interventions and technical assistance to be provided. The interventions and technical assistance must (a) Include application of the equity lens adopted by the Oregon Department of Education; and (b) Be individualized based on the school district, charter school, or ESD’s needs and unique student population. Statutory/Other Authority: Sec. 1, Ch. 1 & OL 2017 Statutes/Other Implemented: Sec. 1, Ch. 1 & OL 2017 History: ODE 3-2017, f. & cert. ef. 3-1-17
581-014-0007 Charter School Eligibility for Student Investment Account Before each application cycle, the Department of Education will publish a list of public charter schools that meet the eligibility requirements of ORS 327.185. The Department will make the determination of eligibility based on the most recent finalized Spring Membership report. Statutory/Other Authority: ORS 327.185 Statutes/Other Implemented: ORS 327.185 History: ODE 58-2022, temporary amend filed 12/20/2022, effective 12/20/2022 through 06/17/2023 ODE 6-2020, adopt filed 03/20/2020, effective 03/20/2020 ODE 149-2019, temporary adopt filed 10/24/2019, effective 10/24/2019 through 04/20/2020
581-014-0010 Reduction of Distribution Appeal Process (1) When an audit determination has been made that reduces a grantee allocation or distribution, the grantee may request the State Board of Education review the decision of the Department within 30 days of notification of the decision by the Department. (2) An audit determination must be based on information that grant moneys received in a prior year were not used as provided by the grant agreement. (3) The State Board of Education delegates to the Superintendent of Public Instruction or designee all administrative functions necessary or reasonable in order to conduct a review of the SIA distribution reduction. This delegation to the Superintendent includes, but is not limited to: (a) Determining the form, contents and timelines of the petition for review; (b) Determining the records required for review and ordering the production of those records from the grantee and establishing timelines for the production of those records; (c) Requiring the grantee to respond to written or oral inquiries related to board review; and (d) Determining at any time during the review process to reject a review request if in the judgment of the Superintendent, the recipient fails to reasonably comply with the administrative review processes of the Superintendent. (4) The Superintendent may review the decision only to determine whether: (a) The grantee should have funds deducted from a future grant disbursement. (b) The reasons for the withholding from a future disbursement are valid and align with the intent of section 14 of the Student Success Act. (5) Following a review described in subsection (2), the State Board of Education may: (a) Uphold the decision of the department to withhold funds from the disbursement; (b) Remand the decision back to the department for reconsideration; (c) Require the grantee to undergo other technical assistance or interventions as specified in section 15 prior to a reduction of a future disbursement; or (d) Reverse the decision of the department to withhold funds from a future disbursement. (6) At the conclusion of the administrative review process the Superintendent shall recommend in writing to the State Board to: (a) Uphold the decision of the department to withhold funds from the disbursement; (b) Remand the decision back to the department for reconsideration; (c) Require the grantee to undergo other technical assistance or interventions as specified in section 15 prior to a reduction of a future disbursement; or (d) Reverse the decision of the department to withhold funds from a future disbursement. (7) The State Board will consider the recommendation of the Superintendent and any other information it deems relevant and determine based on the requirements of Section 15 of the Student Success Act. Statutory/Other Authority: ORS 327.201 Statutes/Other Implemented: ORS 327.201 History: ODE 23-2021, adopt filed 06/22/2021, effective 06/22/2021
581-014-0013 Performance Review Standards (1) Grantees will be required to have a performance review conducted at least once every four years. (2) If the department requires a specific financial audit as part of the performance review, the audit must meet the current Generally Accepted Governmental Accounting Standards issued by the US Government Accountability Office also known as GAGAS or Yellow Book Standards for program effectiveness audits as well as the International Professional Practices Framework issues by the Institute of Internal Auditors. (3) Performance audits, as part of performance reviews, will be inclusive of the following content areas in determining effectiveness of the grantees SIA plan: (a) Ongoing community engagement: Evidence that the grantee has established meaningful, ongoing and authentic opportunities for focal group students, families, and school employees to engage in the SIA planning, implementation and evaluation processes informed by prevailing ODE Guidance. (b) Education equity in practice: (A) Evidence that the grantee has prioritized resources to improve mental or behavioral health needs for all focal group students the recipient serves. (B) Evidence that the grantee has developed and implemented policies, where applicable, to remove barriers that prevent focal group students from accessing mental or behavioral health services. (C) Evidence that the grantee has prioritized resources to improve academic outcomes for all focal group students the recipient serves. (D) Evidence that the grantee has developed and implemented policies, where applicable, to remove barriers that prevent focal group students from accessing advanced courses and opportunities for well-rounded educational experiences. (c) Processes for data review and adjustment: (A) Evidence that the grantee has established processes to review. (i) Longitudinal Performance Growth Targets; (ii) Progress Markers; (iii) Local Optional Metrics; (iv) Other local measures of student behavior and academic performance. (B) Evidence that the grantee has established processes to make necessary adjustments to strategies, resource allocation and policies to continue to meet the aims of the SIA. Statutory/Other Authority: ORS 327.201 Statutes/Other Implemented: ORS 327.201 History: ODE 23-2021, adopt filed 06/22/2021, effective 06/22/2021
581-014-0016 Just Cause and Random Audit Process (1) The Department may request a copy of a grantees’ most recent performance review, including any financial or performance audits, for just cause for the following reasons: (a) A complaint filed with the department that information reported to the department in either the performance review or programmatic and/or financial progress reports is intentionally inaccurate or misrepresentative of actual SIA activities, performance measures, and/or expenditures; or (b) Repeated reporting of activities and expenditures through either programmatic and/or financial progress reports or municipal audit that are not part of an approved SIA Plan or SIA Plan Amendment. (2) The Department may request a copy of a grantees’ most recent performance review and related audits on random basis for review: (a) Random selection of a grantee for performance audit review will be conducted through a randomized process that does not include metrics such as longitudinal performance growth targets, local optional metrics, or accountability measures. (b) Grantees selected for a random audit review will be exempt from random audit review for a period not to exceed six years from the date of any initial findings and given findings are remedied. Grantees may still be subject to just cause audit review during this time. (3) The Department will limit random audits to no more than ten grantees in an annual year. (4) The Department shall notify grantees they have been selected for a just cause or random audit review. Notice shall include: (a) Date for performance audit to be submitted by; and (b) Reason for request of the performance audit. If the reason for the audit is due to a credible complaint no information regarding the identity of the individual(s) will be provided to the recipient except as required by law. (5) The grantee will have 45 days from the date of receipt of the notice of audit to respond to the department. (6) The Department will conduct an initial review of the materials provided and issue preliminary audit findings within 60 days if no additional materials are required from the grantee. If additional materials are needed the Department will notify the grantee of the amount additional time anticipated to review the materials. (7) Upon the conclusion of the audit the Department will issue a letter to the grantee. That letter will contain: (a) Summary of the department findings; and (b) If there are identified findings of non-compliance then the letter will also include next steps as outlined in section 15 of the Student Success Act to address any identified audit findings. Statutory/Other Authority: ORS 327.201 Statutes/Other Implemented: ORS 327.201 History: ODE 23-2021, adopt filed 06/22/2021, effective 06/22/2021
581-014-0019 Community Engagement (1) For the purposes of a Student Investment Account Grant Application eligible applicants must show input in the strategic planning process as set forth in ORS 327.185 (6)(b). As part of that input, eligible applicants should engage, to the extent possible, with focal group students and families, including: (a) Students from racial or ethnic groups that have historically experienced academic disparities; (b) Students who identify as American Indian/Alaska Native, alone or in combination with other races and ethnicities, and are enrolled members of federally-recognized tribal nations; (c) Students with disabilities; (d) Students who are navigating houselessness; (e) Students in foster care; (f) Economically disadvantaged students; (g) Students who may identify as LGBTQ2SIA+; (h) Students recently arrived; (i) Migratory students; (j) Students navigating the justice system; (k) Emerging bilingual students; and (l) Students who are currently pregnant and/or parenting. (2) Applicants may also identify other student groups to include for the purpose of input in the strategic planning process set forth in ORS 327.185 (6)(b) that meet the following criteria for students that have experienced historic and current academic disparities resulting from: (a) Immutable characteristics; (b) Socio-economic status; (c) Bias against the student’s Cultural or Ethnic Background; (d) Disability; (e) Barriers to accessing education due to mental or behavioral health challenges; (f) Or any combination thereof. (3)(a) Focal groups identified in sections 1 and 2 above not captured in current ODE data collections may, but shall not be required to, be included in the development of the Longitudinal Performance Growth Targets as defined in ORS 327.190(3). (b) As data is required to be collected that may further identify focal group students as delineated above those groups shall then be included, to the extent possible, in the development of Longitudinal Performance Growth Targets. Statutory/Other Authority: ORS 327.175 – 327.235 Statutes/Other Implemented: ORS 327.175 – 327.235 History: ODE 19-2024, amend filed 04/24/2024, effective 04/24/2024 ODE 35-2022, adopt filed 06/23/2022, effective 06/23/2022
581-014-0025 Purpose of Optional Targets for Mental and Behavioral Health for the Student Investment Account (1) This rule set establishes optional targets related to student mental and behavioral health outcomes eligible applicants may consider setting to monitor and evaluate Student Investment Account investments in mental and behavioral health. Optional targets are inclusive of local optional metrics and optional progress markers as named in the definition section. (2) Local optional metrics are designed to allow eligible applicants to set and monitor metrics that are connected to expected outcomes set forward in an eligible applicants’ plan. (3) Optional progress markers are sets of indicators set forth in an eligible applicants’ plan that identify the kinds of changes that ODE would expect to see in policies, practices, behaviors, and approaches over time that lead to an eligible applicant reaching planned outcomes. (4) Optional targets are intended to provide grantees with a means to address how investments might show positive impacts in student and/or educator well-being, belonging, and health which could include a measure of school culture or climate. Any optional targets addressing social emotional learning, trauma-informed principles and practices, systems of care, the whole child, and/or school safety and prevention systems could be included. Statutory/Other Authority: ORS 327.190 Statutes/Other Implemented: ORS 327.190 History: ODE 54-2022, adopt filed 12/19/2022, effective 12/19/2022
581-014-0028 Optional Targets Criteria for Mental and Behavioral Health for the Student Investment Account (1) Eligible applicants can develop optional targets to monitor student, staff, and system changes that meet the following criteria: (a) Are measurable in a consistent way each time new data is available; (b) Are evidence-based; (c) There is disaggregated data by focal student groups and/or staff, to the extent possible; (d) Are culturally responsive; (e) Align with the purpose of optional targets; and (f) Connect to an investment. (2) Optional targets not meeting these criteria must be approved by ODE prior to an SIA grant agreement being executed. Statutory/Other Authority: ORS 327.190 Statutes/Other Implemented: ORS 327.190 History: ODE 54-2022, adopt filed 12/19/2022, effective 12/19/2022
581-014-0031 Optional Targets Administration & Reporting for Mental and Behavioral Health for the Student Investment Account (1) Established optional targets are required to be included in an eligible applicants’ grant agreement and must adhere to the requirements for grant agreements pursuant to ORS 327.190. (2)(a)Optional targets must be reviewed at least annually by the eligible applicant. (b) Optional targets, for which the data necessary to review are available only once a biennium, must be approved by ODE prior to a grant agreement being executed. (3) Beginning in 2023, eligible applicants’ must report progress on optional targets as part of the annual report and must adhere to the requirements for annual reports pursuant to ORS 327.201. Statutory/Other Authority: ORS 327.190 Statutes/Other Implemented: ORS 327.190 History: ODE 54-2022, adopt filed 12/19/2022, effective 12/19/2022
581-014-9999 Definitions for Student Investment Account: Third Grade Reading Proficiency “Third-grade reading proficiency rate” means the percentage of students in the third grade who are determined to be proficient or above based on Oregon’s statewide summative assessments in English Language Arts (ELA). Statutory/Other Authority: Sec. 10, Ch. 122, OL 2019 Statutes/Other Implemented: Sec. 10, Ch. 122, OL 2019 History: ODE 152-2019, adopt filed 12/16/2019, effective 12/16/2019
581-015-2005 Criteria for Approving School District Special Education Programs (1) School districts operating or initiating special education programs must have their programs approved by the State Superintendent of Public Instruction in order to qualify such programs for state reimbursement. As part of this process, districts must subscribe to the following: (a) In accordance with OAR 581-015-2245, school districts must ensure that a continuum of alternative placements is available to meet the individual special education and related services needs of all children with disabilities for whom the district is responsible pursuant to ORS 339, OAR 581-021-0019, or open enrollment under section 9, chapter 718, Oregon Laws 2011. For all school purposes residency for children with disabilities enrolled in charter schools is determined in accordance with ORS Chapter 338. (b) Special education must be established and conducted as an integral part of the district's regular school program. (c) Children who require special education have the same rights and privileges provided to other students. (2) In addition, the school district must have on file with the Oregon Department of Education a set of assurances and other documentation as required that ensure district compliance with requirements set forth in Oregon Revised Statutes and Oregon Administrative Rules for the education of children with disabilities. Statutory/Other Authority: ORS 343.041 & 343.045 Statutes/Other Implemented: ORS 343.221 History: ODE 12-2015, f. & cert. ef. 7-15-15 ODE 38-2014(Temp), f. & cert. ef. 9-3-14 thru 3-2-15 ODE 8-2012, f. & cert. ef. 2-17-12 ODE 10-2011(Temp), f. & cert. ef. 8-23-11 thru 2-19-12 ODE 10-2007, f. & cert. ef. 4-25-07, Renumbered from 581-015-0035 ODE 2-2003, f. & cert. ef. 3-10-03 1EB 48-1978, f. & cert. ef. 11-17-78 1EB 269, f. & cert. ef. 12-22-77 1EB 248, f. & cert. ef. 9-23-76, Renumbered from 581-022-0175 1EB 208, f. 12-19-75, cert. ef. 1-16-76