justicedao/ipfs_state_laws huggingface dataset:
581-030-0400 Approved Recovery School Performance Evaluation The Oregon Department of Education may evaluate the performance of an approved recovery school according to prevailing Oregon Department of Education Guidance. Statutory/Other Authority: ORS 336.680 Statutes/Other Implemented: ORS 336.680 History: ODE 52-2024, adopt filed 10/25/2024, effective 10/25/2024
581-030-0500 Approved Recovery School Campus Location and Multiple Campuses (1) An approved recovery school may operate multiple campuses under a single agreement to operate an approved recovery school in order to serve students in remote geographic areas. (2) An approved recovery school shall maintain a primary campus in: (a) The boundary of an ESD for a school operated by an ESD; (b) The school district boundary for a school operated by a school district; or (c) The school district boundary in which the public charter school is located for a recovery school operated by a charter school. (3) If an approved recovery school operates a satellite campus, the following is required: (a) An approved recovery school shall offer a comparable level of educational and behavioral health services to students at the satellite campus as offered to students at the primary campus; (b) Students shall have access to in-person behavioral health services; and (c) Student records shall be sent to the primary campus when a student withdraws; (4) If an approved recovery school operated by an ESD operates a satellite campus outside of the service district boundary, the ESD must obtain written permission from the school district in which the satellite campus is located prior to the first day students will be served at the campus. (5) The Oregon Department of Education must approve the operation of a satellite campus and the approval must be incorporated into the signed agreement with the approved recovery school. Statutory/Other Authority: ORS 336.680 Statutes/Other Implemented: ORS 336.680 History: ODE 52-2024, adopt filed 10/25/2024, effective 10/25/2024
581-030-1000 Requirements for Student Enrollment in an Approved Recovery School (1) Student enrollment in an approved recovery school is voluntary. (2) All students who are residents in Oregon are eligible for enrollment in an approved recovery school if space is available and if the student: (a) Has a diagnosis for substance use disorder; (b) Has completed or participated in a substance use disorder treatment services program; or (c) Has completed a screening process with the approved recovery school that considers history of substance use, educational records, behavioral health history, and the student’s willingness to participate in recovery services offered by the school. (3) Students must demonstrate their readiness to change through a standard screening process established by the approved recovery school. (4)(a) Students who enroll in an approved recovery school shall participate in random urinalysis testing or other non-invasive drug testing provided by the school. (b) Fees and costs associated with testing shall be paid for by the approved recovery school. (5) An approved recovery school may require students to tour the campus and participate in an enrollment meeting. (6) An approved recovery school may require students to participate in a substance use disorder screening process with staff or students prior to enrolling in the approved recovery school. (7) An approved recovery school may not limit student enrollment based on race, religion, sex, sexual orientation, gender identity, ethnicity, national origin, disability, the terms of an individualized education program, income level, or proficiency in the English language. (8) If the number of students enrolling in an approved recovery school exceeds the capacity of the program, class, grade level, or building, an approved recovery school may give priority for admission to student groups identified in ORS 327.180(2)(b) and OAR 581-014-0001(4). (9) Within 10 days of a student’s enrollment in an approved recovery school, the Department of Education shall provide to the student’s parent, legal guardian or person in parental relationship written information about: (a) Child find obligations to identify, locate and evaluate students enrolled in the approved recovery school to determine if students qualify for special education and related services; and (b) Who they can contact to answer questions or provide additional information related to special education and related services. Statutory/Other Authority: ORS 336.680 Statutes/Other Implemented: ORS 336.680 History: ODE 52-2024, adopt filed 10/25/2024, effective 10/25/2024
581-030-1100 Requirements for Student Withdrawal in an Approved Recovery School When a student withdraws from an approved recovery school for a reason other than graduation from high school, the approved recovery school shall: (1) Provide to the school district in which the student resides written notice that the student has withdrawn. (2) Provide to the student’s parent, legal guardian or person in parental relationship written information about: (a) Compulsory attendance requirements; (b) The responsibility of the school district in which the student resides to identify, locate, and evaluate students who reside in the school district to determine if students qualify for special education and related services; and (c) How to contact the school district in which the student resides in order to answer questions or provide information related to special education and related services. Statutory/Other Authority: ORS 336.680 Statutes/Other Implemented: ORS 336.680 History: ODE 52-2024, adopt filed 10/25/2024, effective 10/25/2024
581-030-1200 Requirements for Students on an Individualized Education Program (IEP) and Enrollment in an Approved Recovery School (1) If a student enrolls in an approved recovery school and has an individualized education program, the Department of Education must implement the individualized education program and follow the terms of the individualized education program until a new individualized education program is developed. (2) If a student withdraws from an approved recovery school and has an individualized education program, the school district in which the student resides must implement the individualized education program and follow the terms of the individualized education program until a new individualized education program is developed. (3) The Oregon Department of Education may contract with a school district, ESD, or approved recovery school to meet its obligations within this section. Statutory/Other Authority: ORS 336.680 Statutes/Other Implemented: ORS 336.680 History: ODE 52-2024, adopt filed 10/25/2024, effective 10/25/2024
581-030-1300 Requirements for Student Participation in Approved Recovery Schools Fund-Raising An approved recovery school may conduct fund-raising activities but may not require a student to participate in fund-raising activities as a condition of admission or continued enrollment to the approved recovery school. Statutory/Other Authority: ORS 336.680 Statutes/Other Implemented: ORS 336.680 History: ODE 52-2024, adopt filed 10/25/2024, effective 10/25/2024
581-030-2000 Teacher Qualifications (1) For teacher licensing, employment experience at an approved recovery school shall be considered equivalent to experience in public schools. (2) Any person employed as an administrator or teacher in an approved recovery school shall be licensed by the Teacher Standards and Practices Commission. Statutory/Other Authority: ORS 336.680 Statutes/Other Implemented: ORS 336.680 History: ODE 52-2024, adopt filed 10/25/2024, effective 10/25/2024
581-030-3000 Transportation (1) The approved recovery school is responsible for transporting students who reside within the school district where the approved recovery school is located and are enrolled in the approved recovery school. (2) An approved recovery school may establish bus routes or other transportation services to transport students who reside outside of the school district boundary where the approved recovery school is located. (3) Any transportation costs incurred by a school district under this section shall be considered approved transportation costs for the purpose of ORS 327.013 in the same manner as transportation costs incurred by the school district for transporting students who attend other public schools are considered approved transportation costs for purpose of ORS 327.013. Statutory/Other Authority: ORS 336.680 Statutes/Other Implemented: ORS 336.680 History: ODE 52-2024, adopt filed 10/25/2024, effective 10/25/2024
581-030-4000 State School Fund and Statewide Education Initiatives Account Fund Administration for Approved Recovery Schools (1) For each biennium, the Oregon Department of Education will determine the amount of grant funds to be apportioned among eligible Recovery Schools for each year of the biennium. (2) For purposes of establishing the amount of grant funds apportioned from the State School Fund (SSF), the Oregon Department of Education will use estimates of enrollment from the Recovery School(s) for the initial appropriation calculation. An update to estimated payments will be made when the ADM data from the 2nd period ADM collection is available. Lastly, the Annual ADM collection data will be used for reconciliation in the following year for each school year. Any adjustments in funding due to final reconciliation will be netted against Recovery School payments in the subsequent fiscal year. Statutory/Other Authority: ORS 336.680 & ORS 327.029 Statutes/Other Implemented: ORS 336.680 History: ODE 52-2024, adopt filed 10/25/2024, effective 10/25/2024
581-030-4100 Temporary rule language in effect until 03/20/2026. State School Fund and Statewide Education Initiatives Account Fund Calculation for Approved Recovery Schools (1) For purposes of OAR 581-030-4000, the amount of the distribution from the State School Fund (SSF) shall be equal to the product of the Recovery School Program ADMr plus any weights attributable to students in the Recovery School Program as authorized under the laws of this state, times the General Purpose Grant rate per ADMw of the school district where the school is located. (2) Based on estimates of the distribution calculated in section (1) of this rule, funds shall be transferred to the Recovery School Program, approximately 35 percent on the 15th day of each of the months of July and October, 15 percent on the 15th day of January, and the balance on April 15. (3) Adjustments to reflect actual Recovery School Program ADM and the actual General Purpose Grant per ADMw shall be made on May 15 of the subsequent fiscal year. (4) For the allocations made from the State Education Initiative Account (SEIA), a Recovery School shall receive a Minimum Basis of funding, which will provide a portion of the balance of resources not provided by the SSF for actual cost for providing education to students, to the greatest extent practicable. If the amount from the SSF exceeds the Minimum Basis, then additional resources from the Minimum Basis won’t be necessary. (5) For any remaining SEIA funds after the Minimum Basis is established for each Recovery School, the SEIA Formula Balance will apply an equitable proration using the ADMw of each school. This amount will be in addition to the Subtotal Funding of both the SSF portion and the Minimum Basis portion. This becomes Total Funding, which represents the SSF portion plus the SEIA portion plus the SEIA Formula Balance. (6) A reserve will be established in the preliminary payments of the SEIA funds at the discretion of the Recovery School program administrator until final reconciliation in the following year. This is intended to provide positive cash flow and help with smoothing in the netting of reconciliation payments. (7) Any remaining funds allocated to approved recovery schools from the SSF and the SEIA Account shall remain with the Department of Education and shall be adjusted in the year following the distribution to reflect the actual ADMw of student in the approved recovery schools in the same manner as for school districts under ORS 327.101. Statutory/Other Authority: ORS 336.680 & ORS 327.029 Statutes/Other Implemented: ORS 336.680 History: ODE 54-2025, temporary amend filed 09/22/2025, effective 09/22/2025 through 03/20/2026 ODE 52-2024, adopt filed 10/25/2024, effective 10/25/2024
581-030-4200 State School Fund and Statewide Education Initiatives Account Fund Distribution for Approved Recovery Schools (1) Following approval of the intergovernmental agreement, an eligible recipient will receive payments of at least 25 percent on a quarterly basis per annual allocation. If adjustments to installment payments are required, a lower percentage may be used. (2) Recipients will be eligible to expend funds until ninety (90) days after the end of the first fiscal year of a biennium. Any allocated funds in excess of 10% of the total operating budget of that fiscal year that are not used by a recipient by September 30 of first year of the biennium or June 30 of the second year of the biennium will be returned to the Recovery School Fund for distribution in the next biennium. (3) The Deputy Superintendent of Public Instruction shall resolve any issues arising from the administration of the Recovery School funds not specifically addressed by this rule. The Deputy Superintendent of Public Instruction's determination shall be final. Statutory/Other Authority: ORS 336.680 & ORS 327.029 Statutes/Other Implemented: ORS 336.680 History: ODE 52-2024, adopt filed 10/25/2024, effective 10/25/2024
581-030-5000 Termination or Closure of an Approved Recovery School (1) During the term of an approved recovery school agreement, the Oregon Department of Education may terminate the agreement on any of the following grounds: (a) Failure to comply with state and federal laws. (b) Failure to comply with the agreement to operate as an approved recovery school. (c) Failure to obtain and maintain accreditation status by a nationally recognized recovery organization by the fifth year of operation. (d) Failure to maintain financial stability. (e) Failure to maintain a financial system that complies with Section 6 of this chapter. (2)(a) Notwithstanding subsection (a) of this section, the Oregon Department of Education may terminate an agreement immediately and close an approved recovery school if the school is endangering the health or safety of the students enrolled in the approved recovery school. (b) The approved recovery school may request a hearing from the Department of Education on the termination of the approved recovery school under this subsection. The Department of Education shall hold a hearing within 10 days after receiving the request. (3) Termination of an approved recovery school shall not abridge the ESD, school district, or public charter school from operating a public school or program that is not an approved recovery school. (4) If an approved recovery school is terminated or closed, the student education records of the approved recovery school shall be transferred to: (a) For an approved recovery school that was operated by an ESD, to the administrative office of the ESD; (b) For an approved recovery school that was operated by a school district, to the administrative office of the school district; or (c) For an approved recovery school that was operated by a public charter school, to the administrative office of the school district in which the public charter school was located. (5) An ESD, school district, or public charter school may only terminate or close an operating approved recovery school at the end of a semester or trimester. Statutory/Other Authority: ORS 336.680 Statutes/Other Implemented: ORS 336.680 History: ODE 52-2024, adopt filed 10/25/2024, effective 10/25/2024
581-030-5100 Assets of Approved Recovery Schools (1) Assets of a terminated or closed approved recovery school that were obtained with public funds received because of the school’s status as an approved recovery school will be given to the Oregon Department of Education. The Oregon Department of Education, at its discretion, may disburse these assets to ESDs, school districts or other public schools. The Department of Education will: (a) Determine the form, process, and timelines for the disbursement; (b) Determine the records required for the disbursement; and (c) Require the approved recovery school to respond to written or oral inquiries related to the closure and assets of the approved recovery school. (2) Assets of a terminated or closed approved recovery school that were obtained with grant funds will be disbursed according to the terms of the grant. If the grant is absent any reference to ownership or distribution of assets, assets of a terminated or closed approved recovery school will be disbursed according to the provision set out in subsection (a) of this rule. Statutory/Other Authority: ORS 336.680 Statutes/Other Implemented: ORS 336.680 History: ODE 52-2024, adopt filed 10/25/2024, effective 10/25/2024
581-037-0005 Instructional Assistant Definitions The definitions below apply to OAR 581-037-0005 to 581-037-0025: (1) “Instructional assistant” means an instructional assistant as defined in ORS 342.120. The terms “paraprofessional” and “instructional aide” have the same meaning as “instructional assistant”. (2) “Early Childhood Specialist” means a person as defined in OAR 581-015-2905. (3) “Early Childhood Supervisor” means a person as defined in OAR 581-015-2910. (4) “Related service provider” means a person registered, certified or licensed by the State of Oregon as qualified to provide a particular related service, as defined in ORS 343.035, that requires State registration, certification or licensing. (5) “Title I, Part A (I-A)” means a supplemental federally funded program under the Elementary and Secondary Education Act. (6) “Title I-A instructional assistant” means an instructional assistant employed or contracted in: (a) A Title I-A targeted assisted school and is paid in whole or in part with Title I, Part A funds; or (b) A Title I-A school-wide program school; or (c) A school district expending Title I, Part A funds to provide instructional support to a public school teacher who provides equitable services to eligible private school children. (7) “Teacher” means a teacher as defined in ORS 342.120. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.051, ORS 342.120 & ORS 343.041 History: ODE 47-2025, minor correction filed 08/14/2025, effective 08/14/2025 ODE 43-2025, minor correction filed 08/14/2025, effective 08/14/2025 ODE 10-2010, f. & cert. ef. 6-30-10 EB 7-1990, f. & cert. ef. 1-26-90 1EB 15-1980, f. & ef. 6-9-80 1EB 227, f. & ef. 6-4-76 1EB 131, f. 5-12-72, ef. 6-1-72 1EB 118, f. 11-28-67, ef. 12-25-67
581-037-0006 Qualifications of Instructional Assistants (1) All instructional assistants or others employed or contracted in that capacity must: (a) Have a high school diploma or the equivalent; (b) Be at least 18 years of age; and (c) Have standards of moral character as required of teachers (OAR 584-005-0005). (2) In addition to the qualifications listed in section (1) of this rule, instructional assistants providing translation services must have demonstrated proficiency and fluency, knowledge of and the ability to provide accurate translations from a language other than English into English and from English into a language other than English. (3) In addition to the qualifications listed in section (1) of this rule, Title I-A instructional assistants must have: (a) Completed two years of study at an institution of higher education; or (b) Obtained an Associate’s (or higher) degree; or (c) Met a rigorous standard of quality and demonstrate through a formal state, or local academic assessment or para-educator certificate program, knowledge of and the ability to assist in instructing: (A) Reading, writing, and mathematics; or (B) Reading readiness, writing readiness, and mathematics readiness, as appropriate. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.051 History: ODE 44-2025, minor correction filed 08/14/2025, effective 08/14/2025 ODE 10-2010, f. & cert. ef. 6-30-10 EB 7-1990, f. & cert. ef. 1-26-90 1EB 5-1981, f. & ef. 2-12-81 Reverted to 1EB 227, f. & ef. 6-4-76 1EB 20-1980(Temp), f. & ef. 7-15-80 1EB 227, f. & ef. 6-4-76
581-037-0015 Assignment and Direction and Supervision of Instructional Assistants (1) The instructional assistant shall assist a teacher or Early Childhood Specialist or Supervisor or related service provider only in a supportive capacity. The role of the instructional assistant is adaptable to many support tasks, and nothing in these rules should be interpreted as limiting assistants only to the performance of classroom duties. Instructional assistant tasks may include but are not limited to: (a) Instructional support — Tasks performed by assistants to supplement students' basic instruction by offering students opportunities to practice and apply what they have learned, including social skills, life skills, and transition skills; (b) Clerical support — Tasks such as preparing materials, duplicating and operating audiovisual equipment, which are primarily concerned with the physical arrangement of the learning environment; and (c) Student control — Duties such as supervision of students in school buildings, buses, and grounds including but not limited to lunch rooms, and playground areas, assisting with fire drills, monitoring students in hallways, etc. (d) Personal care; (e) Translation or Parent/Family Involvement activities; and (f) Media center or computer laboratory support. (2) Any instructional assistant assigned to instruction-related activities shall work under the supervision of an appropriately licensed teacher (or administrator, Early Childhood Specialist or Supervisor; or related service provider). Supervision means: (a) The assigned teacher (or administrator, Early Childhood Specialist or Supervisor; or related service provider) plans the instructional activities that the instructional assistant carries out; (b) The assigned teacher (or administrator, Early Childhood Specialist or Supervisor; or related service provider) evaluates the achievement of the students with whom the instructional assistant is working; and (c) The assigned teacher (or administrator, Early Childhood Specialist or Supervisor; or related service provider) provides a supervision plan that includes regular monitoring of the instructional assistant’s effectiveness and access to assistance and consultation. (3) In addition to the supervision requirements under section (2) of this rule, Title I instructional assistants must work in close and frequent proximity to the appropriately licensed teacher identified as “highly qualified” as defined by the federal Elementary and Secondary Education Act. (4) A plan of supervision for the instructional assistant shall provide for: (a) Access to assistance and consultation; and (b) Regular monitoring of the instructional assistant's performance to determine effectiveness of the assigned tasks and the effect on students and their families Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.051 History: ODE 45-2025, minor correction filed 08/14/2025, effective 08/14/2025 ODE 10-2010, f. & cert. ef. 6-30-10 EB 7-1990, f. & cert. ef. 1-26-90 1EB 15-1980, f. & ef. 6-9-80 1EB 131, f. 5-19-72, ef. 6-1-72
581-037-0025 Training of Instructional Assistants Districts employing instructional assistants in any capacity shall provide or arrange for suitable training to prepare them to perform such functions as they may be assigned. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.051 History: ODE 46-2025, minor correction filed 08/14/2025, effective 08/14/2025 ODE 10-2010, f. & cert. ef. 6-30-10 EB 7-1990, f. & cert. ef. 1-26-90 1EB 131, f. 5-19-72, ef. 6-1-72