justicedao/ipfs_state_laws huggingface dataset:
581-024-0206 Powers and Duties Pursuant to ORS 334.125, the district board is authorized to transact appropriate business and is required to perform certain duties. (1) Every district shall comply with the statutes and rules governing the transaction of public business to include directives on budgeting and expenditures. (2) Every district shall comply with Board adopted administrative rules and applicable statutes. (3) The district board shall perform all duties required by law, including but not limited to those identified in ORS 334.125(3) as follows: (a) Distribute school funds as it is empowered to apportion. Distribution shall be done in a timely and accurate manner; (b) Conduct of audits requiring the district to assist component school districts to meet budgeting, accounting and audit requirements (OAR 581-024-0265), to serve as a public depository for just completed audits and maintain past audit reports for 20 years; (c) Serve as district boundary board as identified in ORS 330.081-330.310 and OAR 581-024-0252; (d) Prepare an annual operating budget in accordance with the local budget section of Chapter 294 of ORS, the local Budget Law, and the chart of accounts contained in the program Budget and Accounting Manual as adopted by the State Board of Education and levy taxes as required or permitted by law. (e) Contract bonded indebtedness in the manner authorized by statute. Bonds are to be issued pursuant to ORS 328.205 to 328.295 and other laws applicable to the issuance of bonds; and (f) Creating a county education bond district under ORS 328.304 from a county within the district (g) Review periodically with component school districts, their operations, and submit to the component school districts plans that would achieve economies and efficiencies through consolidation of various operations of all or some of the component school districts. The district and its component school districts shall submit an annual report to the Board on the effectiveness of the consolidation of operations. (4) Districts must comply with the requirements to develop, adopt and approve a Local Service Plan as set out in ORS 334.175, and OAR 581-024-0285. The district board must adopt the local service plan and the component district boards must approve the Local Service Plan by resolution by March 1 of each year. Statutory/Other Authority: ORS 334.217 Statutes/Other Implemented: ORS 334 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 Reverted to ODE 22-2002, f. & cert. ef. 10-15-02 ODE 13-2005(Temp), f. & cert. ef. 12-29-05 thru 6-1-06 ODE 22-2002, f. & cert. ef. 10-15-02 EB 16-1994, f. & cert. ef. 11-14-94
581-024-0208 Mission, Roles and Goals (1) Each district shall provide regionalized core services to component school districts as provided in ORS 334.175 (2). Services must be approved by the component school district boards and the district board, and be included in the district’s Local Service Plan. The goals of these services shall be to: improve student learning, enhance the quality of instruction, provide professional development to component school district employees, provide students equitable access to resources, and maximize operational and fiscal efficiencies for component school districts (334.175 (1)(a)–(f)) (2) In accordance with ORS 334.005 the mission and roles of the districts are as follows: (a) The mission of education service districts is to assist school districts and the Department of Education in achieving Oregon's educational goals by providing equitable, high quality, cost-effective and locally responsive educational services at a regional level. (b) An education service district plays a key role in: (A) Ensuring an equitable and excellent education for all children in the state; (B) Implementing the Oregon Education Act for the 21st Century; (C) Fostering the attainment of high standards of performance by all students in Oregon's public schools; and (D) Facilitating inter-organizational coordination and cooperation among educational, social service, health care and employment training agencies. (c) An education service district's role is one of leadership and service. Education service districts shall maintain the distinction between their role as service organizations and the regulatory role of the Department of Education and other agencies. (d) To ensure that a district is responsive to its component school districts a Local Service Plan must be developed and adopted by the district board, and approved by component school district boards through the resolution process as provided in ORS 334.175(5)(a)(b). The district should consider a variety of flexible service delivery models. (e) An education service district shall submit an Annual Report to the Department by June 30 of each year on forms provided by the Department. The Annual Report shall be a comprehensive document which includes a Local Service Plan, a Review of Component Districts’ Operations and an ESD Self-Appraisal. (f) An education service district shall remain accountable to: (A) The public at large; (B) The component school districts; and (C) The State Board of Education. Statutory/Other Authority: ORS 334.005 & 334.217 Statutes/Other Implemented: ORS 334.125 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 Reverted to ODE 22-2002, f. & cert. ef. 10-15-02 ODE 13-2005(Temp), f. & cert. ef. 12-29-05 thru 6-1-06 ODE 22-2002, f. & cert. ef. 10-15-02 EB 10-1994, f. & cert. ef. 8-16-94
581-024-0210 Administration of the Standardization Requirements (1) The State Board of Education by adopting Oregon Administrative Rules establishes standards to determine the adequacy of services and facilities provided by an education service district. In establishing these standards the Board shall consider the most economic method of providing services and facilities, the quality of the services and facilities according to the best educational standards, and the needs of the students. (2) The standards include rules in division 024 of chapter 581 of Oregon Administrative Rules, Chapter 334 of Oregon Revised Statutes, and other applicable rules and statutes to which ESDs are required to comply. The board requires substantial compliance with all applicable state and federal statutes and rules. (3) The evaluation for compliance shall be conducted through a review of the Local Service Plan/Annual Report. In addition, on-site evaluations of districts may be conducted periodically as determined by the needs or interests of the Department. Evaluation teams named by the Department shall use the Local Service Plan/Annual Report, district records, and results from on-site evaluations in determining the degree to which the standards are met. (4) The Department shall use rules in division 024 of chapter 581 of Oregon Administrative Rules, other applicable rules and statutes, and the district’s Local Service Plan/Annual Report to identify specific areas of an ESD’s operation to be evaluated and reported on during an on-site visit. The district will be notified of the areas to be evaluated and the dates of the visit at least 90 days prior to an on-site visit. The district shall prepare exhibits that document its activities related to the areas to be evaluated (5) The on-site visit will be conducted by a team lead by a Department staff person with additional members from the Department, other districts and component school districts. The size of the team shall be determined by the Department in accordance with the areas to be reviewed and the complexity of the ESD’s programs, services and operations. (6) The team leader shall, within 30 days of the visit, present to the district a draft report of the team’s findings. The district’s response must be received by the Department not later than 30 days after the district’s receipt of the draft report. Statutory/Other Authority: ORS 334.217 Statutes/Other Implemented: ORS 334.125 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 Reverted to EB 16-1994, f. & cert. ef. 11-14-94 ODE 13-2005(Temp), f. & cert. ef. 12-29-05 thru 6-1-06 EB 16-1994, f. & cert. ef. 11-14-94 1EB 4-1985, f. 1-4-85, ef. 7-1-85 1EB 265, f. & ef. 8-22-77 1EB 237, f. & ef. 7-9-76
581-024-0226 Assessment and Evaluation of Services (1) Each district board shall file by June 30 of each year with the Superintendent of Public Instruction an annual report to include an adopted Local Service Plan, a Review of Component Districts’ Operations report, and an ESD Self-Appraisal report. This annual report, entitled “Local Service Plan/Annual Report” will be used by the Department to assess ESDs’ compliance with state standards. (2) To adequately complete the annual report the district shall have on file information regarding the procedures used in assessing the performance of services provided by the district including: (a) A listing of services provided by the district with appropriate documentation regarding the results of component school districts’ performance assessments. (b) The budget for funds to be expended from the State School Fund as described in ORS 334.177 for each core service category shall be reported in the annual report, and maintained on file at the district. Statutory/Other Authority: ORS 334.217 Statutes/Other Implemented: ORS 334.217 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 Reverted to EB 16-1994, f. & cert. ef. 11-14-94 Suspended by ODE 7-2006(Temp), f. & cert. ef. 2-14-06 thru 8-1-06 EB 16-1994, f. & cert. ef. 11-14-94 1EB 4-1985, f. 1-4-85, ef. 7-1-85
581-024-0228 Review School District Operations (1) Pursuant to ORS 334.125(9) each district board shall adopt a policy and procedure describing how the district shall work cooperatively with component school districts to periodically review their operations. (2) The results of the review and report shall be summarized and reported to the Board as part of the district's annual report which is to be submitted by June 30 of each year. (3) Unless specifically waived by the Board, the operations to be reviewed shall be accomplished as follows: (a) 2008–2009, Accounting, payroll and printing; pupil transportation; legal services, investments and auditing; insurance and student records management. The order of review may be determined by the ESD and the component school districts. (b) Other operations identified by the state board prior to September 1 of each school year. (4) Other similar operations are subject to review as agreed upon by the district and its component school districts. Nothing in the requirements of this rule prevents a district and its component school districts from reviewing any operations at any time. However a district shall review at least one operation per year. Statutory/Other Authority: ORS 334.125(9) Statutes/Other Implemented: ORS 334.125 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 Reverted to ODE 8-1999, f. & cert. ef. 1-15-99 Suspended by ODE 7-2006(Temp), f. & cert. ef. 2-14-06 thru 8-1-06 ODE 8-1999, f. & cert. ef. 1-15-99 EB 16-1994, f. & cert. ef. 11-14-94
581-024-0231 Curriculum Improvement (1) Districts providing instructional and instructional support services shall do so, subject to available funds, and with the approval of component school district boards and the District board as provided in ORS 334.175. (2) A district’s Local Service Plan shall include services that are funded by the State School Fund; and by service contracts or agreements with component and noncomponent school districts, state and federal agencies, and other public and private agencies. Statutory/Other Authority: ORS 334.125, 334.175 & 334.185 Statutes/Other Implemented: ORS 334.125, 334.175 & 334.185 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 ODE 22-2002, f. & cert. ef. 10-15-02 EB 10-1994, f. & cert. ef. 8-16-94 1EB 4-1985, f. 1-4-85, ef. 7-1-85 1EB 15-1979, f. 10-4-79, ef. 10-5-79 1EB 33-1978, f. & ef. 10-5-78
581-024-0235 Special Education Services When providing special education services for component school districts, each district will work cooperatively with its component school districts to: (1) Demonstrate that it has met state and federal requirements when providing special education and related services to children with disabilities; and (2) Assist component school districts, to the extent that the district provides these services, to gather, analyze and report individualized testing data, and other information as required by the state or federal governments. Statutory/Other Authority: ORS 334.125 & 334.175 Statutes/Other Implemented: ORS 334.125 & 334.175 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 EB 10-1994, f. & cert. ef. 8-16-94 1EB 4-1985, f. 1-4-85, ef. 7-1-85 1EB 15-1979, f. 10-4-79, ef. 10-5-79 1EB 265, f. & ef. 8-22-77
581-024-0240 Administration (1) Each district board shall adopt rules, policies and procedures pursuant to ORS 334.125, and shall make such information available upon request. (2) Each district shall complete and forward promptly all reports required by state and federal governments. (3) Each district shall cause all employees responsible for funds, fees or cash collections to be covered under a district board-approved bond. Statutory/Other Authority: ORS 334.005, 334.125 & 334.240 Statutes/Other Implemented: ORS 334.125 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 EB 10-1994, f. & cert. ef. 8-16-94 1EB 4-1985, f. 1-4-85, ef. 7-1-85 1EB 265, f. & ef. 8-22-77 1EB 237, f. & ef. 7-9-76
581-024-0245 Staff (1) Each district shall employ staff as needed to provide the services as approved in the district’s Local Service Plan, provided for in its annual budget and required in ORS 342.513 to 342.985, 653.310 to 653.340 and 659.850. (2) Each district shall assign: (a) Licensed personnel in accordance with OAR division 584; and (b) All personnel in accordance with their position descriptions. (3) Each district shall maintain personnel policies to include: (a) Assurances that equal employment opportunities for all persons are provided regardless of age, disability, national origin, race, color, marital status, religion, sex or sexual orientation; and (b) An organization chart or written statement that describes the formal relationship between the district board and the various levels, titles and general assignments of employees. (4) Personnel policies shall be provided to all employees and made available to the public. Statutory/Other Authority: ORS 334.217 Statutes/Other Implemented: ORS 334.125 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 ODE 13-2008, f. & cert. ef. 5-23-08 EB 15-1994, f. & cert. ef. 10-3-94 1EB 4-1985, f. 1-4-85, ef. 7-1-85 1EB 265, f. & ef. 8-22-77 1EB 237, f. & ef. 7-9-76
581-024-0250 District Boundary Board In fulfilling its statutory responsibility to serve as district boundary board, the education service district board shall: (1) Maintain official minutes recording its actions as district boundary board; (2) Insure that meetings and minutes of the district boundary board are separate from its actions as district board; (3) Maintain current records describing the boundaries of the component school districts and their identification numbers consistent with official records of their respective county assessors; (4) Adopt policies under ORS 330.090(5); and (5) Adopt procedures for conducting hearings and reporting findings and conclusions in accordance with the requirements of OAR 581-025-0005 through 581-025-0015. Statutory/Other Authority: ORS 334 Statutes/Other Implemented: ORS 330.090 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 EB 15-1994, f. & cert. ef. 10-3-94 EB 6-1989, f. & cert. ef. 1-26-89 1EB 4-1985, f. 1-4-85, ef. 7-1-85 1EB 265, f. & ef. 8-22-77 1EB 237, f. & ef. 7-9-76
581-024-0255 Attendance Supervision Each district shall provide attendance supervisors for component school districts of less than 1,000 ADM or, upon written request, shall grant a component school district permission to supervise their own attendance matters. Statutory/Other Authority: ORS 339.040 Statutes/Other Implemented: ORS 339.040 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 EB 10-1994, f. & cert. ef. 8-16-94 1EB 4-1985, f. 1-4-85, ef. 7-1-85 1EB 265, f. & ef. 8-22-77 1EB 237, f. & ef. 7-9-76
581-024-0257 Children Instructed by Parent or Private Teacher Each district shall perform those duties as identified in OAR 581-021-0026 through 581-021-0029. Statutory/Other Authority: ORS 339.005 - 339.090 Statutes/Other Implemented: ORS 339.035 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 EB 10-1994, f. & cert. ef. 8-16-94
581-024-0260 Budgets Each district board shall: (1) Provide evidence that the district budget has been properly developed, adopted and implemented; (2) Assist component school districts, when requested, to develop annual budgets; and (3) Maintain a file of district and component school districts’ budgets as officially adopted. Statutory/Other Authority: ORS 334.125 & 334.240 Statutes/Other Implemented: ORS 334.125 & 334.240 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 EB 10-1994, f. & cert. ef. 8-16-94 1EB 4-1985, f. 1-4-85, ef. 7-1-85 1EB 15-1979, f. 10-4-79, ef. 10-5-79 1EB 265, f. & ef. 8-22-77 1EB 237, f. & ef. 7-9-76
581-024-0262 Budget Committee (1) The budget committee of a district shall consist of the voting members of the district board and a number of electors equal to the number of voting members of the district board plus one, who are members, or designees of component district boards. (2) The district board shall adopt policies assuring equitable representation of the component school districts and which identify the nomination and appointment process. Terms of appointment shall be for three years. (3) Sections (1) and (2) of this rule are not applicable when the district has a population exceeding 100,000 and is located in a county which has a tax supervising and conservation commission which shall serve as the budget committee. (See ORS 294.341.) Statutory/Other Authority: ORS 334.240 Statutes/Other Implemented: ORS 334.240 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 EB 10-1994, f. & cert. ef. 8-16-94
581-024-0265 Audits (1) Each district shall insure that an annual audit of component school districts and its own accounts is conducted and shall: (a) File in the district office a copy of the district’s annual audits; (b) Assist component school districts to meet budgeting, accounting and audit requirements of state agencies; and (c) Maintain a file of the component school districts’ audits. (2) By January 1 of each year the district shall file with the Department the district audit for the previous year. Statutory/Other Authority: ORS 294, 334.125(3)(b) & 334.217 Statutes/Other Implemented: ORS 334.125 & 334.217 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 EB 16-1994, f. & cert. ef. 11-14-94 1EB 4-1985, f. 1-4-85, ef. 7-1-85 1EB 15-1979, f. 10-4-79, ef. 10-5-79 1EB 265, f. & ef. 8-22-77 1EB 237, f. & ef. 7-9-76
581-024-0270 State Board Assistance (1) Each district shall assist the Board and Department pursuant to the provisions of ORS 334.005(5)(c), and 334.217(1) in providing state-level services and support of statutes and standards. (2) When requested by the Department, each district shall verify how it has assisted component school districts to comply with applicable statutes and rules. (3) Each district shall gather and forward information the Department requires or requests. (4) Each district shall, within its capabilities, and when requested, provide personnel to assist in Department conduct standardization visits and school improvement services. Statutory/Other Authority: ORS 334.005 & 334.217 Statutes/Other Implemented: ORS 334.005 & 334.217 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 EB 10-1994, f. & cert. ef. 8-16-94 1EB 4-1985, f. 1-4-85, ef. 7-1-85 1EB 15-1979, f. 10-4-79, ef. 10-5-79 1EB 265, f. & ef. 8-22-77 1EB 237, f. & ef. 7-9-76
581-024-0275 Facilities, Safety and Emergency Planning (1) Each district shall operate and maintain an administration office and other physical facilities as necessary to accommodate district services. These facilities must be in compliance with applicable federal and state health and safety regulations. (2) Each district shall maintain inspection reports showing the district in compliance with all applicable federal and state health and safety regulations. (3) In facilities operated by the district, each district shall provide for regularly scheduled and documented safety inspections to assure that the facilities and services are operated and maintained in a manner that protects the safety and health of staff and students. (4) Each district shall develop a Healthy and Safe Facilities Plan for all buildings owned or leased by the district where students and staff are present on a regular basis. The plan must meet the requirements specified in OAR 581-022-2223, and each education service district shall comply with the reporting provisions of that rule. (5) In schools operated by the district that are occupied by students, the district must ensure that all students are instructed and have drills on emergency procedures in compliance with ORS 336.071. The emergency procedures shall include drills and instruction on: (a) Fires; (b) Earthquakes, which shall include tsunami drills and instruction in schools in a tsunami hazard zone; and (c) Safety threats including procedures related to lockdown, lockout, shelter in place and evacuation and other appropriate actions to take when there is a threat to safety. (6) In facilities operated by the district, each district must have a written plan for responding to emergency situations. Emergency situations include but are not limited to: injury accidents, fire, chemical spill, hazardous materials, exposure to contagious disease, fire arms on the premises, and other illegal acts that threaten the health and safety of staff and students. (a) Emergency plans should be coordinated with appropriate police and fire services, ambulance services and area hospitals. (b) There should be an adequate internal communication system in district operated facilities to transmit emergency information to staff and students in a rapid and clear manner. (c) The emergency plan should be posted in conspicuous places throughout district operated facilities. (d) There should be periodic training for staff and students regarding the emergency plan. Appropriate first-aid supplies and at least one staff member with a current first-aid/CPR card shall be available at all district operated facilities. Statutory/Other Authority: ORS 334.125, 334.217 & 336.071 Statutes/Other Implemented: ORS 334.125, 334.217 & 336.071 History: ODE 42-2016, f. & cert. ef. 8-19-16 ODE 28-2015, f. & cert. ef. 12-22-15 ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 EB 10-1994, f. & cert. ef. 8-16-94 1EB 4-1985, f. 1-4-85, ef. 7-1-85 1EB 265, f. & ef. 8-22-77 1EB 237, f. & ef. 7-9-76
581-024-0280 Auxiliary Services Each district choosing to engage in auxiliary services with components or other agencies shall do so consistent with district goals and shall document planning and assessment procedures for each such service. Statutory/Other Authority: ORS 334.005, 334.125, 334.145(3), 334.175, 334.185 & 334.195 Statutes/Other Implemented: ORS 334.005, 334.125, 334.145, 334.175, 334.185 & 334.195 History: EB 10-1994, f. & cert. ef. 8-16-94 1EB 265, f. & ef. 8-22-77 1EB 237, f. & ef. 7-9-76
581-024-0290 Advisors to the Board Each district board may appoint nonvoting advisory members to the board as the board deems important. Statutory/Other Authority: ORS 334.025(3) Statutes/Other Implemented: ORS 334.025 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 ODE 22-2002, f. & cert. ef. 10-15-02 EB 10-1994, f. & cert. ef. 8-16-94