justicedao/ipfs_state_laws huggingface dataset:
581-053-0610 District Requirements for use of a Special Pupil Activity Bus (1) A transportation entity may only use school buses, activity vehicles and Special Pupil Activity Buses (SPABs) to provide transportation for students for school activity trips. A transportation entity may only use a SPAB if the transportation entity and the SPAB meets the requirements of this rule. (2) The transportation entity shall notify the parents or guardians of students if the transportation entity is using SPABs for pupil transportation. (3) A chaperone is to be present on the SPAB any time students are present. (4) Transportation entity shall ensure that owners and operators of SPABs meet the requirements stated in OAR 581-053-0615. (a) Transportation entities may only use a carrier that has a valid ODE Certificate of Carrier Approval. (b) Transportation entities may only use SPAB drivers that have been certified by the Oregon Department of Education. (5) Transportation entities should encourage students to: (a) Limit the amount of time that they are out of their seat during vehicle operation; (b) Have a good grip on seat back or designated hand grips when students are out of their seat during vehicle operation; and (c) Not walk or stand during stop and go traffic circumstances or while the SPAB is traveling roads with many twists and turns. (6) Transportation entities shall keep a copy of the SPAB carrier’s: (a) Current “Certificate of Carrier Approval” issued by the Oregon Department of Education. (b) List of qualified SPAB drivers. (c) Districts shall document and keep evidence of required safety instructions for 2 years. (7) Transportation entities shall report to the Oregon Department of Education SPAB carriers or their drivers that have been observed by patrons, staff, parents or students engaging in any of the following: (a) Violating speed laws; (b) Unsafe vehicle operation; (c) Unsafe or poorly maintained SPAB; (d) Inappropriate behavior, contact or language; (e) Students left or stranded because the carrier failed to perform duties of the contract; or (f) Supplies an unqualified SPAB driver. Statutory/Other Authority: ORS 327.013 & 820.100 - 820.120 Statutes/Other Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120 History: ODE 19-2012, f. & cert. ef. 6-14-12
581-053-0615 Special Pupil Activity Bus (SPAB) Motor Carrier Requirements (1) Providers of SPAB services to Oregon Transportation Entities must receive a Certificate of Carrier Approval from ODE. (2) ODE shall issue a Certificate of Carrier Approval to a provider of SPAB services if the provider submits: (a) A complete ODE Certificate of Carrier Approval application form; (b) A copy of insurance information obtained through Federal Motor Carrier Safety Administration (FMCSA’s) SAFER site for approval as an interstate carrier; or a copy of insurance status with Oregon Department of Transportation Commerce and Compliance Division for approval as an intrastate-only carrier. (c) Documentation of a safety rating of: (A) “Satisfactory” from the USDOT within the last 3 years; or (B) “1, 2, or 3” from Department of Defense (DOD); or (C) Current copies of: (i) A level 1 or 5 safety inspection report with the number of Commercial Vehicle Safety Alliance (CVSA) decal for each SPAB; and (ii) Documentation that the provider has implemented an alcohol and controlled substance testing program in compliance with 49 CFR parts 40 and 382; and that all drivers seeking SPAB certification are enrolled in a random testing program for alcohol and controlled substance meeting all applicable requirements; and (iii) Driver logs as requested by ODE during the past 6 months; and (iv) List of SPABs by license plate number that will be used for student activities. (3) Certificate of Carrier Approval shall expire one year after date of issuance. (4) ODE may inspect records of vehicles and drivers at the carrier’s facility. Failure to allow ODE to inspect records may result in revocation of the “Certificate of Carrier Approval”. (5) SPAB Carriers may only subcontract with carriers that possess a valid Certificate of Carrier Approval to provide SPAB services. (6) A SPAB shall not be used for home to school transportation services. (7) ODE shall revoke a “Certificate of Carrier Approval” for failure to maintain or meet requirements of this rule. (8) The provisions of this rule apply to SPAB carriers providing services to Oregon schools and students. Statutory/Other Authority: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 Statutes/Other Implemented: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 History: ODE 56-2025, amend filed 10/17/2025, effective 10/17/2025 ODE 55-2024, amend filed 10/25/2024, effective 10/25/2024 ODE 19-2012, f. & cert. ef. 6-14-12
581-053-0620 SPAB Driver Training and Certification (1) A person may not transport pupils in a SPAB unless the person has completed all requirements for a SPAB Certificate and meets the standards established by ODE for issuance of certificates or holds a valid School Bus Certificate or Permit. (a) ODE may issue a SPAB certificate to qualified individuals who have filed with ODE an application for SPAB certification, signed by an official designated by the motor carrier certifying that the driver: (A) Has demonstrated the knowledge and ability to perform the duties of a SPAB driver; and (B) To the best of the local employer’s knowledge, has not been convicted of any driving or criminal offense listed in OAR 581-053-0050 Driving and Criminal Records which could prevent certification. (b) Applicants shall: (A) Possess a valid CDL with the proper endorsements for the vehicle being driven.; (B) Possess a valid medical certificate; and (C) Pass a check of driving and criminal records as required in OAR 581-053-0050 Driving and Criminal Records. (c) SPAB certificates shall expire when the medical certificate expires. (d) Drivers shall strictly adhere to all alcohol and controlled substance use and testing requirements of the US Department of Transportation (USDOT) and the Federal Motor Carrier Safety Administration (FMCSA) contained in 49 CFR parts 40 and 382. (e) In cases of serious illness, injury, or change in physical or mental condition which may impair ability to fulfill the duties and responsibilities of a SPAB driver re-examination and medical approval are required prior to resumption of driving. (2) Transportation entities and Carriers shall inform ODE if the driver no longer meets the qualifications of this rule. Statutory/Other Authority: ORS 327.013 & 820.100 - 820.120 Statutes/Other Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120 History: ODE 19-2012, f. & cert. ef. 6-14-12
581-053-0630 Rules Pertaining to SPAB Drivers (1) Safety Instructions: (a) Prior to departure the driver shall instruct passengers on the operation and location of all emergency exits; (b) Driver shall instruct students to: (A) Keep hand and head inside the vehicle at all times; (B) Keep aisle clear; (C) Use caution when opening the overhead compartments; (D) Use seat belts if equipped; and (E) Keep emergency exits clear. (2) Drivers shall: (a) Notify ODE within 30 days of a change of name, address or employer. A duplicate certificate will be issued if necessary; (b) Not exceed speed limits as required for school activity vehicles in ORS 811.111; and (c) Not use a cellular telephone, with or without a hands free device, while driving a SPAB vehicle unless summoning medical or other emergency help if no other person in the vehicle is capable of summoning help. Statutory/Other Authority: ORS 327.013 & 820.100 - 820.120 Statutes/Other Implemented: ORS 327.013, 820.100, 820.105, 820.110 & 820.120 History: ODE 20-2021, amend filed 05/27/2021, effective 05/27/2021 ODE 40-2014, f. & cert. ef. 9-3-14 ODE 19-2012, f. & cert. ef. 6-14-12
581-054-0001 Definitions (1) ADMr means average daily membership, as defined and calculated by ORS 327.006(3). (2) ADMw means extended weighted average daily membership as calculated in ORS 327.013. Statutory/Other Authority: Sec. 2, Ch. 62, OL 2018 Statutes/Other Implemented: Sec. 2, Ch. 62, OL 2018 History: ODE 40-2018, adopt filed 12/10/2018, effective 12/10/2018
581-054-0004 Establishment (1) There is established the School Transportation Grant. (2) The starting date of eligible transportation costs for this grant program shall be July 1, 2018. (3) The School Transportation Grant is established as a reimbursement grant. Funding will be released based on actual expenditures as calculated in ORS 581-024-0016. Statutory/Other Authority: Sec. 2, Ch. 62, OL 2018 Statutes/Other Implemented: Sec. 2, Ch. 62, OL 2018 History: ODE 40-2018, adopt filed 12/10/2018, effective 12/10/2018
581-054-0008 Eligibility (1) School districts are eligible for School Transportation grants. (2) A school district may receive an award only for the following eligible transportation costs: (a) For which the school district does not receive any amount in distributions from the State School Fund under ORS 327.013 or any amount related to transit activities, and (b) That are incurred by the school district for the provision of transportation to students in grades 9 through 12 on: (A) A school bus, as defined in ORS 801.460; or (B) A school activity vehicle, as defined in ORS 801.455. (3) School districts may transfer grant funds by contract with a public charter school or private alternative educational program for eligible transportation costs set forth in subsection (2). Statutory/Other Authority: Sec. 2, Ch. 62, OL 2018 Statutes/Other Implemented: Sec. 2, Ch. 62, OL 2018 History: ODE 40-2018, adopt filed 12/10/2018, effective 12/10/2018
581-054-0012 Application Process (1) The Oregon Department of Education shall award all available moneys available for the School Transportation grants each year. (a) The Department shall notify eligible applicants of the application process and due dates, and make available necessary guidelines and application forms. (b) The application will be available on the first day of September each year. (c) Applications will be due by the 15th day of October each year. (2)(a) Applications must include the total amount of eligible transportation costs. (b) If a district chooses to transfer a portion of their grant funds to a public charter the charter school must provide to the district an accounting of the total amount of eligible student transportation costs for which the charter school received grant funds, and the district must include this in their application. Statutory/Other Authority: Sec. 2, Ch. 62, OL 2018 Statutes/Other Implemented: Sec. 2, Ch. 62, OL 2018 History: ODE 40-2018, adopt filed 12/10/2018, effective 12/10/2018
581-054-0013 Funding Priority (1) The Oregon Department of Education shall prioritize school districts as follows: (a) The Department shall divide the approved transportation costs, as defined by OAR 581-023-0040, by the district’s ADMr; (b) The districts shall be ranked based on their percentile of transportation costs per ADMr as calculated in subsection (a) with highest percentile having the first priority; (c) If a district receives the Remote Small Elementary School Correction as defined by ORS 327.077, then the district shall have its percentile increased by 10 percentage points; (d) Districts will be given additional points based on a weighting of poverty data in the State School Fund. Poverty points are calculated by taking the percentage poverty rate of each school district and multiplying it by twenty. The percentage poverty rate for each school district is calculated by dividing poverty count for the school district by the resident average daily membership (ADMr) of the school district ; and (e) If a district did not receive any School Transportation grant in the previous year, the district shall have its percentile increased by 10 percentage points. This increase is not cumulative from year to year. (2) The Department shall publish the priority ranking by the first day of September each year. (3) All priority ranking determinations made by the Department shall be final. Statutory/Other Authority: Sec. 2, Ch. 62, OL 2018 Statutes/Other Implemented: Sec. 2, Ch. 62, OL 2018 History: ODE 40-2018, adopt filed 12/10/2018, effective 12/10/2018
581-054-0016 Funding (1) Subject to the total amount of grants applied for by eligible school districts, the amount of each grant for a school district shall equal the school district’s ADMw × (the total amount available for distribution to school districts as grants in each fiscal year ÷ the total ADMw of all school districts that receive a grant). (a) As used in this subsection, “ADMw” means the extended weighted average daily membership as calculated under ORS 327.013, 338.155 (1) and 338.165 (2). (b) The ADMw used for this calculation will be from the most recent closed school year for State School Fund calculations. (2) School districts will receive funding according to the priority list with the funding going to the highest priority district first. (3) School districts that have a priority ranking greater than or equal to the 90th percentile will receive 50% of their eligible costs reimbursed. (4) School districts that have a priority ranking greater than or equal to the 80th percentile and less than the 90th percentile shall receive 30% of their eligible costs reimbursed. (5) School districts that have a priority ranking less than the 80th percentile shall receive 25% of their eligible costs reimbursed. (6) No award will be greater than 50% of total eligible student transportation costs. (7) Each school district shall deposit the grant funds it receives under this grant in a separate account and shall apply amounts in that account to pay for student transportation costs described in the school district’s grant application. (8) Monies received from this grant are in addition to eligible transportation reimbursable costs and do not constitute a reduction of eligible transportation reimbursement costs Statutory/Other Authority: Sec. 2, Ch. 62, OL 2018 Statutes/Other Implemented: Sec. 2, Ch. 62, OL 2018 History: ODE 40-2018, adopt filed 12/10/2018, effective 12/10/2018
581-055-0004 Sexual Conduct Investigations by the Department of Education (1) When the Department of Education receives a report of suspected sexual conduct, the department shall determine whether: (a) The report alleges sexual conduct as defined in OAR 581-055-0001; and (b) A school employee, contractor, agent, or volunteer who is not licensed by the Teacher Standards and Practices Commission is alleged to have committed the sexual conduct. (2) If the department determines that the report of suspected sexual conduct meets the requirements of (1) of this rule, the department shall immediately initiate an investigation and send notice of the investigation to: (a) The education provider for which the school employee, contractor, agent, or volunteer who is alleged to have committed the sexual conduct was working, acting, or performing services when the alleged sexual conduct occurred; and (b) Any other education provider that the Department of Education determines must receive notice to ensure the safety of students. (3) An investigation conducted under this rule shall include a detailed inquiry into the factual allegations of the report of suspected sexual conduct including, but not limited to: (a) The gathering of any evidence relevant to the allegations in the report; and (b) Interviews with: (A) The person who initiated the report; (B) The student who may have been subjected to sexual conduct; (C) The subject of the report who is alleged to have committed the sexual conduct; and (D) Any witnesses to the events that were reported. (4) A person appointed to conduct an investigation under this rule may: (a) Issue subpoenas to require the attendance of witnesses or the production of documents or other evidence; (b) Subpoena witnesses; and (c) Swear witnesses and compel obedience in the same manner as provided by law for state agencies in contested cases. Statutory/Other Authority: ORS 326.051 & ORS 339.391 Statutes/Other Implemented: ORS 339.391 History: ODE 30-2020, adopt filed 06/24/2020, effective 06/24/2020
581-055-0007 Sexual Conduct Final Reports by the Department of Education (1)(a) Following an investigation conducted under OAR 581-055-0004, the Department of Education shall issue its final report, which must include the following information, as allowed by state and federal law: (A) A cite to the department’s statutory authority; (B) The procedural background; (C) The department’s findings of fact; (D) The evidentiary standards and legal analysis used to prepare the final report; (E) The department’s final determination, which will indicate whether the allegations raised in the report of suspected sexual conduct are substantiated, cannot be substantiated, or do not constitute a report of sexual conduct; and (F) Information about the right to an appeal under OAR 137-003-0501 to 137-003-0700, as described in OAR 581-055-0011. (b) The final report shall be sent to the following individuals within the time prescribed in subsection (2) of this rule: (A) The person alleged to have committed the sexual conduct; (B) The student involved and, if applicable, the student’s parent or legal guardian; (C) Each education provider that received notice of the investigation; (D) The person who made the report of suspected sexual conduct; and (E) Any regulatory board other than the Teacher Standards and Practices Commission that licenses, registers, certifies, or otherwise authorizes the actions of or the performance of services by the school employee, contractor, agent, or volunteer to practice a profession or provide professional services. (2)(a) The final report described in this rule must be issued no later than 90 calendar days after the department receives the report of suspected sexual conduct under OAR 581-055-0004. (b) Notwithstanding paragraph (a) of this subsection, the department may extend the time by which the department must issue the final report if, for good cause, the department determines that a longer period of time is necessary. Statutory/Other Authority: ORS 326.051 & ORS 339.391 Statutes/Other Implemented: ORS 339.391 History: ODE 30-2020, adopt filed 06/24/2020, effective 06/24/2020
581-055-0011 Appeal of Matters Asserted (1) After issuing its final report under OAR 581-055-0007, the Department of Education shall send notice of a right to a contested case hearing under OAR 137-003-0501 to 137-003-0700. (2) Upon receiving notice of the right to a contested case hearing under this rule, a person may request from the department, within the amount of time stated in the notice, a contested case hearing to appeal the matter asserted in the final report. Hearings requested under this section are subject to the provisions established for contested case hearings under OAR 137-003-0501 to 137-003-0700. Statutory/Other Authority: ORS 326.051 & ORS 339.391 Statutes/Other Implemented: ORS 339.391 History: ODE 30-2020, adopt filed 06/24/2020, effective 06/24/2020
581-055-0014 Confidentiality of Documents, Materials, and Reports (1) Except as provided in subsection (2) of this rule, documents and materials used in an investigation conducted pursuant to OAR 581-055-0004, and reports related to the investigation, are confidential and not subject to public inspection. (2) To the extent allowed by state and federal law, upon request, the department shall make documents, materials, and reports described in subsection (1) of this rule available to: (a) A law enforcement agency or the Department of Human Services, if necessary to conduct an investigation of alleged abuse; (b) The Teacher Standards and Practices Commission, if necessary to conduct an investigation of suspected sexual conduct by a school employee, contractor, agent, or volunteer who is licensed by the commission; and (c) An education provider, if necessary for the education provider to take disciplinary action against, make changes to the employment of, or make changes to the duties of a school employee, contractor, agent, or volunteer. Statutory/Other Authority: ORS 326.051 & ORS 339.391 Statutes/Other Implemented: ORS 339.391 History: ODE 30-2020, adopt filed 06/24/2020, effective 06/24/2020
581-055-0017 Notice of Abuse from the Department of Human Services When the Department of Education receives notice from the Department of Human Services of a report of suspected abuse pursuant to ORS 419B.019, the Department of Education shall immediately send notice to: (1) The education provider for which the school employee, contractor, agent, or volunteer who is alleged to have committed the abuse was working, acting, or performing services when the alleged abuse occurred; and (2) Any other education provider that the Department of Education determines must receive notice to ensure the safety of students. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 419B.019 History: ODE 30-2020, adopt filed 06/24/2020, effective 06/24/2020
581-075-0001 Definitions for Appeals Processes For purposes of OAR 581-075-0001 to OAR 581-075-0045: (1) “Complaint” includes any written report of wrongdoing or written grievance that a complainant emails, mails, or otherwise communicates to a district or district staff member, or any verbal report of discrimination, that is not filed in accordance with a district’s complaint process unless the district, within 10 calendar days of receiving the report or grievance, directs the complainant, in writing in the complainant’s preferred language, to file the report or grievance in accordance with the district’s complaint process. (2) “Department” means the Oregon Department of Education. (3) “District” means: (a) A school district, an education service district, a public charter school, a Youth Corrections Education Program as defined in ORS 326.695, a Juvenile Detention Education Program provider as defined in ORS 326.695, or a program that receives moneys pursuant to ORS 343.243 ; and (b) Any education agency, program, or service that receives moneys from an entity described in subparagraph (a) of this paragraph. (4) “Public charter school” means an elementary or secondary charter school offering a comprehensive instructional program operating under a written agreement entered into between a sponsor and an applicant pursuant to ORS chapter 338. (5) “Sponsor” means: (a) The board of the school district or the union high school district that has developed a written charter to create a public charter school; and (b) The State Board of Education pursuant to ORS 338.075. Statutory/Other Authority: ORS 326.051, ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855 Statutes/Other Implemented: ORS 339.303, ORS 339.347, ORS 342.700, ORS 659.850, ORS 659.852 & ORS 659.855 History: ODE 45-2024, adopt filed 10/23/2024, effective 10/23/2024