justicedao/ipfs_state_laws huggingface dataset:
581-051-0530 Responsibilities of the Oregon Department of Education (1) The Oregon Department of Education shall receive and disburse federal funds made available by acts of Congress for the assistance of public and private nonprofit organizations, including Districts, as defined herein, in providing food services to children and adults according to the provisions of the National School Lunch Program, School Breakfast Program, Special Milk Program, Child and Adult Care Food Program and Summer Food Service Program. (2) The Department shall not disburse funds to any Sponsor if it finds that such Sponsor is substantially in violation of any provision of these rules or of the Richard B. Russell National School Lunch Act, 42 U.S.C. Sec. 1751 as amended or Child Nutrition Act of 1966, 42 U.S.C. Sec. 1771 as amended. Upon determining that a Sponsor is substantially in violation, the Department shall promptly notify the Sponsors and its retained FSMC, if any, in writing of the determination to withhold funds. The sponsor shall recover funds withheld only after the defect is corrected. The Sponsor shall also have the right to appeal the determination in accordance with the Contested Case Procedures promulgated by the Oregon State Attorney General. (3) The Department shall annually review all contract documents between Sponsors and FSMCs for conformity to these rules. The Department shall publish a Request for Proposal (RFP) and contract outlining the required general form and language of contract between Sponsors and FSMCs. The use of the department developed RFP and contract, which is attached here to and by this reference incorporated in these rules, by the Sponsor to secure services from an FSMC is mandatory. (4) The Department shall conduct administrative and nutrition reviews of contracting Sponsors at least once every five years. Such reviews will include an assessment of the Sponsor's compliance with 7 CFR 210.16. (5) Upon request, the Department may provide technical assistance to Sponsors related to the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, or Summer Food Service Program. Such assistance may include, but is not limited to: (a) Development of a 21-day cycle menu with food item specifications; (b) Nutrition monitoring and advising; (c) Audit of fiscal and other records; (d) Training of Sponsor Staff; (e) Coordination with FSMCs; and (f) Arbitration of disputes over interpretation of a Contract. (6) Whenever review and approval of an action or document by the Department is required by these rules, the Department shall review and either approve or disapprove promptly. In the event that the Department has neither approved nor disapproved such document or action within 30 days, the document or action shall be deemed to have been approved. Statutory/Other Authority: ORS 326.051, 7 CFR 210. 219, 220.7(viii)(ix), 7 CFR 225.6(h), 7 CFR 226.6 & 2 CFR 200 History: ODE 2-2022, minor correction filed 01/10/2022, effective 01/10/2022 ODE 22-2004, f. & cert. ef. 8-10-04 ODE 6-1999, f. & cert. ef. 1-12-99
581-051-0550 Contracts Authorized No Sponsor shall execute a contract or otherwise agree, formally or informally, to purchase food service management services except when all of the following conditions are fulfilled: (1) The contract is in compliance with all applicable laws, rules and regulations, including but not limited to guidelines promulgated and published by the United States Department of Agriculture pursuant to the National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, or Summer Food Service Program; (a) The agreement for Food Service Management Services is made in writing, contains all terms required by OAR 581-051-0580 herein; (b) The FSMC has been selected after a procurement process that conforms to the requirements of OAR 581-015-0570 herein; (2) The contract is approved by the Sponsor's board or governing body; and (3) The contract has been reviewed and approved by the Department. Statutory/Other Authority: ORS 326.051, 7 CFR 210.21, 7 CFR 210.16, 7 CFR 220.16, 7 CFR 220.7(d), 7 CFR 226.22, 7 CFR 226.21, 7 CFR 225.17, 7 CFR 225. 15(m), 7 CFR 250.53 & 2 CFR 200 History: ODE 3-2022, minor correction filed 01/10/2022, effective 01/10/2022 ODE 23-2004, f. & cert. ef. 8-10-04 ODE 6-1999, f. & cert. ef. 1-12-99
581-051-0555 Contract Renewal The sponsor shall renew its contract with FSMC only if all of the following conditions are satisfied: (1) The original contract allows for annual renewal and the total contract term does not exceed five years, original contract year plus four additional renewal years; (2) The Sponsor consents to the renewal by action of the board; (3) There is no change in financial terms, unless so designated in the original agreement. Contracts may not allow for an unlimited or discretionary change to the meal fee at renewal. Contracts may allow for an annual change to the meal fee not to exceed Consumer Price Index for All Urban Consumer Food Away from Home for the 12 months ending in March. Statutory/Other Authority: ORS 326.051, 7 CFR 210.21, 7 CFR 210.16, 7 CFR 220.16, 7 CFR 220.7(d), 7 CFR 226.22, 7 CFR 226.21, 7 CFR 225.17, 7 CFR 225.15(m), 7 CFR 250.53 & 2 CFR 200 History: ODE 20-2022, amend filed 04/26/2022, effective 04/26/2022 ODE 24-2004, f. & cert. ef. 8-10-04 ODE 6-1999, f. & cert. ef. 1-12-99
581-051-0565 Responsibilities of Food Service Management Companies (1) A FSMC shall sign and perform its duties under a contract for food service management services in accordance with these rules and federal policy. (2) The FSMC shall serve meals substantially as described in the sponsor’s 21-day cycle menu, and which shall not be of lesser quality, appeal, or nutritional value than as described in the 21-day cycle menu. (3) The FSMC shall maintain complete business and financial records of the food service operations and shall make them available upon request to the Department or its authorized designee. (4) The FSMC shall refrain from performing any function under USDA regulations and procedures, which is the non-delegable responsibility of a School Food Authority. (5) The FSMC shall seek reimbursement of food costs and administrative expenses only as follows: (a) Food costs must be 100 percent of actual and reasonable costs paid to independent third parties who negotiate with the FSMC at arms' length. If food is manufactured or provided by the FSMC itself, the FSMC must independently demonstrate to the satisfaction of the Sponsor and of the Department that such costs are not above market. If the FSMC receives from third parties any rebate or discount against commodity or purchased food costs which have been charged to the Sponsor, such rebates and discounts must be refunded to the Sponsor; and (b) Reimbursable administrative expenses must be actual and reasonable and must relate solely to administration of the food service management at the particular Sponsor served and not to Sponsors or customers of the FSMC in general. (6) All food service management companies who contract with Oregon schools and other sponsors to provide food services will be required to meet the same employee screening standards as other school district employees. Such standards should include, but not be limited to fingerprint screening and criminal conviction screening applicable to school employees. Such standards should be consistent with ORS 326.603 and OAR 581-22-2430. Statutory/Other Authority: ORS 326.051, 7 CFR 210. 16, 7 CFR 220.7(d), 7 CFR 226.21, 7 CFR 225.15(m), 7 CFR 250.53 & 2 CFR 200 History: ODE 5-2022, minor correction filed 01/10/2022, effective 01/10/2022 ODE 26-2004, f. & cert. ef. 8-10-04 ODE 6-1999, f. & cert. ef. 1-12-99
581-051-0590 Meal Quality The nutrition standards of Section 210.10, 210.10a, 220.8a, 225.16, and 226.20 of Title 7, Code of Federal Regulations shall apply to all programs under these rules. Statutory/Other Authority: ORS 326.051, 7 CFR 210.21 & 7 CFR part 3015 Statutes/Other Implemented: Federal Regulations History: ODE 6-1999, f. & cert. ef. 1-12-99
581-053-0002 Purpose and Applicability (1) The purpose of the rules set forth in this division is to ensure the safety of students while being transported to or from school or authorized school activities by establishing standards for vehicle construction, driver qualifications, vehicle and record inspections, and administrative provisions of pupil transportation; (2) The rules in this division apply to all school districts and individual schools, including public, private, parochial, public charter, and alternative schools, and education service districts and head start agencies which provide transportation services to students from home to school or to authorized school activities, either through internal or contracted services. 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 ODE 4-2011, f. & cert. ef. 3-17-11 ODE 27-2007, f. & cert. ef. 10-26-07 ODE 16-2007, f. & cert. ef. 7-6-07 ODE 11-2004, f. & cert. ef. 8-4-04 ODE 11-2003, f. & cert. ef. 6-13-03 ODE 1-2003(Temp), f. & cert. ef. 3-4-03 thru 8-1-03 ODE 7-2002, f. & cert. ef. 3-11-02 ODE 30-1999, f. 12-13-99, cert. ef. 12-14-99 ODE 11-1999, f. & cert. ef. 2-12-99 EB 21-1993, f. & cert. ef. 6-2-93 EB 5-1992, f. & cert. ef. 2-21-92 EB 43-1988, f. 12-16-88, cert. ef. 1-1-89 EB 3-1987, f. & ef. 2-18-87 1EB 5-1979, f. & ef. 3-30-79 1EB 13-1978, f. 4-3-78, ef. 9-1-78
581-053-0010 Rules Governing Pupils Riding School Buses and School Activity Vehicles (1) Pupils being transported are under authority of the bus driver. (2) Fighting, wrestling, or boisterous activity is prohibited on the bus. (3) Pupils shall use the emergency exit only in case of emergency. (4) Pupils shall be on time for the bus both morning and evening. (5) Pupils shall not bring firearms, weapons, or other potentially hazardous material on the bus. (6) Pupils shall not bring animals, except approved assistance guide animals on the bus. (7) Pupils shall remain seated while bus is in motion. (8) Pupils may be assigned seats by the bus driver. (9) When necessary to cross the road, pupils shall cross in front of the bus or as instructed by the bus driver. (10) Pupils shall not extend their hands, arms, or body parts through bus windows. (11) Pupils shall have written permission to leave the bus other than at home or school. (12) Pupils shall converse in normal tones; loud or vulgar language is prohibited. (13) Pupils shall not open or close windows without permission of driver. (14) Pupils shall keep the bus clean, and must refrain from damaging it. (15) Pupils shall be courteous to the driver, to fellow pupils, and passersby. (16) Pupils who refuse to obey promptly the directions of the driver or refuse to obey regulations may forfeit their privilege to ride buses. (17) Rules Governing Pupils Riding School Buses and School Activity Vehicles must be kept posted in a conspicuous place in all school buses, type 20, and type 21 activity vehicles. 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 EB 25-1993, f. & cert. ef. 7-30-93 1EB 217, f. 2-17-76, ef. 3-15-76 1EB 134, f. 6-26-72, ef. 7-15-72 1EB 118, f. 11-28-67, ef. 12-25-67
581-053-0012 Waiver (1) Notwithstanding any other provision of Oregon Administrative Rules Chapter 581, subject to subsection (2) of this rule, for purposes of Oregon Administrative Rules Chapter 581, Division 53, the following requirements are waived until January 31, 2021 : (a) Any requirement related to receiving or having received instruction under Oregon Administrative Rules Chapter 581, Division 053. (b) Requirements pertaining to receiving approved instruction shall be temporarily waived for new drivers by allowing certificate permits to be valid through January 31, 2021. New drivers shall continue to be trained in first aid and be subject to physical examinations. (c) Driving certificates and approvals requiring a driver license shall be granted to an applicant for renewal regardless of expired status, provided no disqualifying driving or criminal records exist for the applicant and DMV is unable to issue a qualified renewal. Such approvals shall be valid through January 31, 2021. (2)(a) The waiver described in subsection (1) of this rule applies only to a requirement necessary to perform an activity that the individual to whom the requirement applies was authorized to perform on the first date on which schools closed pursuant to Executive Order 20-08. (b) By order, the Director of the Oregon Department of Education may rescind an application of the waiver described in subsection (1) of this rule if the director has good cause for the determination. (c) By order, the director may extend the date specified in subsection (1) of this rule to any other subsequent date if the director has good cause for the extension and the extension is related to schools closing pursuant to executive orders issued by the Governor ordering the closure of schools for purposes related to Coronavirus Disease 2019. (3) By order, the director may waive any other requirement necessary to perform an activity described in Oregon Administrative Rules Chapter 581, Division 53, if the director has good cause for the determination and the waiver is related to schools closing pursuant to executive orders issued by the Governor ordering the closure of schools for purposes related to Coronavirus Disease 2019. Statutory/Other Authority: ORS 327.013 & ORS 820.100-820.120 Statutes/Other Implemented: ORS 327.013, ORS 820.100, ORS 820.105, ORS 820.110 & ORS 820.120 History: ODE 41-2020, adopt filed 10/21/2020, effective 10/21/2020
581-053-0021 Minimum Record Retention Requirements (1) Accident reports shall be retained for three years. (2) Annual vehicle inspection shall be retained until the vehicle is sold. (3) Application for school bus driver’s permit or certificate (copy) shall be retained for four years or for one year after the transportation entity or contractor notifies ODE that the driver is no longer active, whichever occurs first. (4) Application for type 20 driver’s certificate shall be retained for four years or for one year after the transportation entity or contractor notifies ODE that the driver is no longer active, whichever is first. (5) Approval of a temporary school bus driver shall be retained until July 1, following approval. (6) Approval of a type 10 driver shall be retained until the transportation entity or contractor notifies ODE that the driver is no longer active with them. (7) Driver vehicle inspection reports shall be retained for three months. (8) License approvals for school buses and school activity vehicles shall be retained until the vehicle is sold. (9) Performance checklist for school bus, type 20, and type 21 drivers shall be retained until one year after the transportation entity or contractor notifies ODE that the driver is no longer active with them. (10) Safety instruction records required in OAR 581-053-0210 (Transportation Entity Requirements for School Buses) shall be retained for four years. (11) Safety instruction records required in OAR 581-053-0610 (Transportation Entity Requirements for School Pupil Activity Buses) shall be retained for two years. (12) School bus driver training attendance records shall be retained for four years. (13) Skills tests administered to school bus, type 10, type 20, or type 21 drivers shall be retained until one year after the driver is made inactive with ODE. (14) Vehicle maintenance records in OAR 581-053-0070 shall be retained until the vehicle is sold. (15) Further record requirements can be found in OAR Chapter 166, Division 400 Secretary of State Archives Division Educational Service Districts, School Districts, and Individual School Records Retention Schedule. In the case of a conflict between the record retention requirements of the two rules, the stricter requirement shall prevail. 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
581-053-0031 Driving Hour Limitations (1) A driver of a school bus or school activity vehicle shall comply with one of the following driving hour regulations: (a) Following eight hours free from driving a school bus or school activity vehicle, a driver may drive a school bus or school activity vehicle for ten hours in a 15 hour period; or (b) Following eight hours free from driving a school bus or school activity vehicle, a driver may: (A) Drive a morning route transporting students from home to school; (B) Be free from driving a school bus or school activity vehicle for a minimum of four consecutive hours; and (C) Drive a school bus or school activity vehicle for eight hours: (i) In a ten hour period; or (ii) Until midnight. (2) A driver shall not drive more than three hours continuously without taking at least a 15-minute break from driving duties; (3) Notwithstanding section (1) of this rule, in the event of an emergency or unforeseen circumstance a driver may complete the trip without being in violation of the provisions of this rule if such trip could have reasonably been completed as originally scheduled without violation of this rule. (4) Notwithstanding all other sections of this rule, SPAB drivers shall follow FMCSA Hours of Service for Drivers regulations found at 49 CFR 395. 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
581-053-0060 Refusals, Suspensions, Revocations and Invalid Certificates (1) The Oregon Department of Education shall refuse to issue a certificate or permit to an applicant who does not meet the qualifications for the certificate or permit being sought. Incomplete applications shall be rejected. (2) ODE may suspend or revoke a certificate or permit based on the violations and sanctions listed on Table 1 [Table not included. See ED. NOTE.]. If the certificate holder has been suspended within the prior three- year period, the current offense may be considered a second or subsequent offense. (3) If the conditions of reinstatement are not met for a suspended certificate or permit at the end of the suspension period, the certificate or permit shall be immediately revoked. (4) A certificate or permit holder shall surrender any suspended or revoked certificate or permit to ODE. (5) A certificate or permit holder whose certificate or permit was suspended or revoked, or application for a certificate for permit was refused, may request a hearing. Hearings conducted under this section on appeal for refusal, suspension or revocation of a certificate or permit shall be conducted pursuant to ORS chapter 183. (6) ODE may only reinstate a certificate or permit if all conditions of the suspension or revocation have been met, and the person otherwise qualifies for the certificate or permit being reinstated. (7) Notwithstanding section (5) of this rule, no hearing will be held when a certificate or permit becomes invalid because of the provisions of the rule that govern the certificate or permit. [ED. NOTE: Tables referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view 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 40-2014, f. & cert. ef. 9-3-14 ODE 19-2012, f. & cert. ef. 6-14-12
581-053-0100 Non-Driving Related Certificates — Generally (1) To provide for the proper training of school bus drivers, proper vehicle inspection, and proper application of the rules, ODE has created various non-driving related certificates as outlined in OAR 581-053-0100 through 581-053-0199. (2) Non-driving related certificates may require participation in a specialized workshop developed by ODE. A schedule of workshops shall be published by January 31 of each year. (3) To be a candidate for a workshop, an individual shall: (a) Submit a completed application form by the application deadline; and (b) Meet all requirements listed on the application. (4) ODE may limit the size of workshops. If workshop sizes are limited, candidates may be accepted based on, but not limited to: (a) Qualifications; (b) Experience; (c) Location need for a certified person; and (d) Other certifications held by the candidate. (5) ODE may accept a candidate who has filed an application under section (3) of this rule who does not meet the minimum qualifications. Candidates accepted into the workshop under this provision shall not receive certification until all minimum qualifications are met. (6) A Third Party Examiner Recertification Workshop shall be held in conjunction with examiner certificate expiration, or as otherwise required by DMV. (7) Recertification may be required for the holders of other certificates as deemed necessary by ODE. Certificate holders will be notified in writing how to recertify and the date the current certificate will become invalid due to failure to recertify. 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
581-053-0110 Supervisor Certificate (1) The Oregon Department of Education shall issue a Supervisor Certificate to an individual who has completed the supervisor training workshop. (2) Part of the workshop requirements may be waived for Supervisor Certificate applicants who hold one or more of the following certificates: (a) Annual Vehicle Inspection Certificate; (b) Behind-the-Wheel Instructor Certificate; (c) Third Party Examiner Certificate; (d) Core & Advanced Instructor Certificate; (e) Core Refresher Instructor Certificate; or (f) Transporting Students with Special Needs Instructor Certificate. (3) Portions of the workshop waived in section (2) of this rule shall relate directly to the certificate(s) currently held by the applicant. (4) The Supervisor Certificate allows an individual to sign an ODE form that requires a supervisor signature. (5) Notwithstanding section (4) of this rule, ODE may grant an exception to an individual who: (a) Has been hired between scheduled workshops; (b) Submits a letter from the school board or their designee outlining the need for the exception; and (c) Submits an application, or letter of intent, to attend the next scheduled workshop for supervisors. (6) Supervisor exceptions issued under section (5) of this rule shall expire on the date of the next scheduled workshop for supervisors and shall not be renewed except due to extreme circumstances at the discretion of the Director of Pupil Transportation. (7) The provisions of this rule become effective on July 1, 2015. 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
581-053-0120 Vehicle Inspector Certificate (1) Any person performing an annual school bus or school activity vehicle inspection and signing the Annual Vehicle Inspection and Maintenance Report form 581-2255-M, or performing repairs on a school bus or school activity vehicle, must successfully complete a test administered by the Oregon Department of Education or designee and be certified over the contents of the School Bus Maintenance and Inspection Manual for Oregon School Buses, current edition. (2) ODE may require re-certification when the School Bus Maintenance and Inspection Manual is revised. (3) Vehicle inspection certificate may be suspended or revoked under the provisions of OAR 581-053-0060. (4) ODE may issue a Vehicle Inspector Certificate to any qualified individual who is 18 years of age or older. Statutory/Other Authority: ORS 327.013, ORS820.100, ORS 820.105, ORS 820.110 & ORS 820.120 Statutes/Other Implemented: ORS 327.013, ORS820.100, ORS 820.105, ORS 820.110 & ORS 820.120 History: ODE 55-2024, amend filed 10/25/2024, effective 10/25/2024 ODE 19-2012, f. & cert. ef. 6-14-12