justicedao/ipfs_state_laws huggingface dataset:
581-027-0025 Oregon School Capital Improvement Matching Program Grant Restrictions (1) A District that receives a State Matching Grant will be ineligible for additional State Matching Grant funds for six (6) years from the year in which the District successfully passed their Local GO Bond. (2) A District may not use State Matching Grant funds to refinance other general obligation bonds issued by the District. (3) A District must use State Matching Grant funds for capital costs as defined in ORS 286A.796(3). (4) A District may use State Matching Grant funds to reimburse the District for capital costs incurred by the District prior to the Funding Cycle in which the District was awarded a grant only if: (a) The Department approves the use of State Matching Grant funds for such purpose; and (b) The District complies with all requirements of the OSCIM Program. (c) The Department’s approval or disapproval of the use of State Matching Grant funds is final. (5) State Matching Grant funds shall be used only to match the proceeds of Local GO Bonds authorized by an election in the same Funding Cycle in which the District applied for State Matching Grant funds. Statutory/Other Authority: Sec. 2, 5, ORS 783 & SB 447 (2015) Statutes/Other Implemented: SB 447 (2015) & Sec. 2, 4, 5, ORS 783 History: ODE 2-2024, amend filed 02/16/2024, effective 02/16/2024 ODE 34-2020, minor correction filed 08/28/2020, effective 08/28/2020 ODE 21-2019, amend filed 06/25/2019, effective 06/25/2019 ODE 7-2017, f. & cert. ef. 6-1-17 ODE 4-2017, f. & cert. ef. 3-1-17 ODE 30-2016, f. & cert. ef. 4-28-16
581-027-0035 Facility Assessment Requirements Each Facility Assessment shall contain: (1) Name of Building. (2) Building ID Number. (3) Physical Address. (4) Gross Square Footage. (5) Original Construction Date. (6) Original Construction Type. (7) Additions: (a) Construction Date; (b) Construction Type; (c) Construction Square footage; and (d) Addition Construction Usage. (8) Renovations: (a) Construction Date; (b) Construction Type; (c) Construction Square Footage; and (d) Renovation Construction Usage. (9) UNIFORMAT II Infrastructure Assessment: An assessment of each applicable building element as listed in the American Society for Testing and Materials (ASTM) UNIFORMAT II Classification (October 1999) of Building Elements Level 3 that provides the following: (a) ASTM Number; (b) System Name; (c) Description of System; (d) Number of systems or square footage of system in need of repair or want of replacement; (e) Level of repair/replacement needed. The percent of the building affected should be noted to assist in cost estimating; and (f) Notes as to what specifically needs to be done to repair or replace the system. (10) Additional items: (a) A safety and security analysis of the facility that determines if the facility meets current best practices for providing a safe and secure environment; (b) An ADA assessment and listing of deficiencies; (c) Assessment of technology infrastructure in the facility including bandwidth, type of internet connection, presence of wireless networks, and other means of providing access to information technology; (d) Assessment of indoor air quality; and (e) Presence of harmful substances such as lead or asbestos in the facility based on District reports. (11) Value Assessment: (a) The current replacement value of the building using cost per square foot standards as determined by the Department and updated annually; and (b) The Facilities Condition Index of the building as calculated by dividing the total estimated construction costs to completely repair the building by the current replacement value of the building. (12) All information submitted electronically to the Department on a Department-established template which shall be used by Districts and Certified Assessors. Statutory/Other Authority: ORS 326.125 & SB 447 (2015) Statutes/Other Implemented: SB 285 (2023) History: ODE 36-2025, minor correction filed 06/18/2025, effective 06/18/2025 ODE 2-2024, amend filed 02/16/2024, effective 02/16/2024 ODE 42-2020, amend filed 10/22/2020, effective 10/22/2020 ODE 21-2019, amend filed 06/25/2019, effective 06/25/2019 ODE 7-2017, f. & cert. ef. 6-1-17 ODE 4-2017, f. & cert. ef. 3-1-17 ODE 41-2016, f. & cert. ef. 7-20-16
581-027-0040 Long-Range Facility Plan Requirements Each Long-Range Facility Plan shall contain the following information: (1) Population projections by school age group for the next ten (10) years using U.S. Census or Census partner data. (2) Collaboration with local government planning agencies (city and/or county) that results in: (a) Identification of suitable school sites if needed; and (b) Site acquisition schedules and programs. (3) Evidence of community involvement in: (a) Determining educational vision of local community; (b) Reviewing the costs of identified improvements; (c) Prioritizing the identified improvements; and (d) Determining potential sources of funds for the improvements. (4) Identification of buildings on historic preservation lists including the National Historic Register, Oregon State Historic Preservation Office, and local historic building lists. (5) A rating or indication of the degree to which the instructional spaces at each of the District’s or Education Service District’s campuses meet the Department’s Educational Adequacy Review Standards as described in OAR 581-027-0043. (6) If current facilities are unable to meet Department Educational Adequacy Review Standards, the District will then: (a) Identify changes needed to bring current facilities up to a good or excellent rating against the Department’s Educational Adequacy Review Standards; and (b) Identify potential alternatives to new construction or major renovation of current facilities. Statutory/Other Authority: ORS 326.125 & SB 447 (2015) Statutes/Other Implemented: SB 285 (2023) History: ODE 37-2025, minor correction filed 06/18/2025, effective 06/18/2025 ODE 2-2024, amend filed 02/16/2024, effective 02/16/2024 ODE 37-2021, amend filed 10/26/2021, effective 10/26/2021 ODE 42-2020, amend filed 10/22/2020, effective 10/22/2020 ODE 21-2019, amend filed 06/25/2019, effective 06/25/2019 ODE 7-2017, f. & cert. ef. 6-1-17 ODE 4-2017, f. & cert. ef. 3-1-17 ODE 41-2016, f. & cert. ef. 7-20-16
581-027-0043 Educational Adequacy Review Standards The standards are to be used for facilitating discussions around capital planning and improvement. These standards focus on five primary facets of school facilities that directly correlate to student outcomes. (1) The Acoustic Educational Adequacy Standard reviews whether: (a) The sound-conditioning in a given space is acoustically comfortable to permit instructional activities to take place; (b) Sound is transmitted without interfering with adjoining instructional spaces; and (c) The ventilation system does not transmit an inordinate sound level to the instructional program. (2) The Air Quality Education Adequacy Standard reviews whether the District implements an Indoor Air Quality Management Program at each of its campuses. (3) The Lighting Educational Adequacy Standard reviews whether: (a) Light design generates an illumination level that provides comfortable and adequate visual conditions in each educational space; (b) Ceilings and walls are white or light-colored for high reflectance unless the function of space dictates otherwise; (c) Lights do not produce glare or block the line of sight; (d) Window treatment allows entrance of daylight but does not cause excessive glare or heat gain; and (e) Fixtures provide an even light distribution throughout the learning area. (4) The Temperature Education Adequacy Standard reviews whether the school’s heating and cooling system provides consistent thermal comfort to students and teachers year-round. (5) The School Capacity Educational Adequacy Standard reviews whether: (a) The school can support its projected enrollment; and (b) The student population is within the limits of the school’s capacity based on the district’s classroom loading standards. (6) Districts and Certified Assessors may use additional educational adequacy review standards as deemed appropriate for the facilities. (7) The required educational adequacy review standards may only be substituted for more comprehensive and/or quantitative standards if the District and Certified Assessor agree this is needed. Statutory/Other Authority: SB 447 (2015) & ORS 326.125 Statutes/Other Implemented: SB 285 (2023) History: ODE 38-2025, minor correction filed 06/18/2025, effective 06/18/2025 ODE 2-2024, amend filed 02/16/2024, effective 02/16/2024 ODE 37-2021, adopt filed 10/26/2021, effective 10/26/2021
581-027-0045 Seismic Assessment Requirements Each Seismic Assessment shall contain the following: (1) Name of Building. (2) Gross Square Footage of Building. (3) Physical Address. (4) Original Construction Date. (5) Original Construction Type. (6) Additions: (a) Construction Date; (b) Construction Type; (c) Construction Square Footage; and (d) Construction Usage. (7) Procedures used to determine the building’s ability to meet the Basic Performance Objective for Existing Buildings (BPOE) in ASCE 41-17. Specifically: (a) The building’s ability to perform to the Limited Safety Structural Performance Level at the BSE-2E hazard level in ASCE 41-17 if building is categorized as Risk Category III, school buildings, not including areas which may be used as emergency shelters, under OAR 123-051-0600; or (b) The building’s ability to perform to the Life Safety Structural Performance Level at BSE-2E hazard level AND the Immediate Occupancy Structural Performance Level at the BSE-1E hazard level in ASCE 41-17 if building is categorized as Risk Category IV, emergency service buildings and school areas that may be used as emergency shelters, under OAR 123-051-0600. (8) List of deficiencies that need to be corrected to qualify building to meet the Basic Performance Objective for Existing Buildings in accordance with ASCE 41-17. (9) List of drawings illustrating schematic rehabilitation tasks to rectify listed deficiencies in accordance with ACSE 41-17 standard. (10) Cost estimate provided by professional with knowledge about the type of work to be done that includes contingencies built into all budget categories. (11) Certification of the final assessment provided by registered Structural Engineer licensed in the State of Oregon. Statutory/Other Authority: SB 447 (2015) & ORS 326.125 Statutes/Other Implemented: SB 285 (2023) History: ODE 39-2025, minor correction filed 06/18/2025, effective 06/18/2025 ODE 2-2024, amend filed 02/16/2024, effective 02/16/2024 ODE 42-2020, amend filed 10/22/2020, effective 10/22/2020 ODE 21-2019, amend filed 06/25/2019, effective 06/25/2019 ODE 12-2019, amend filed 04/22/2019, effective 04/22/2019 ODE 42-2018, amend filed 12/10/2018, effective 12/10/2018 ODE 7-2017, f. & cert. ef. 6-1-17 ODE 4-2017, f. & cert. ef. 3-1-17 ODE 41-2016, f. & cert. ef. 7-20-16
581-027-0050 Assessor Certification Program (1) The Department shall establish a program whereby entities or individuals can apply to become Certified Assessors for the Technical Assistance Program. (2) The program shall contain a portion of instruction on the methods to be used by Certified Assessors in performing Facility Assessment and Long-Range Facility Plan work. (3) The program shall contain a test such that those that pass will become Certified Assessors. (4) The Department shall post on its website specific information for each time the training program is held. (5) The requirements for individuals to apply to the Certified Assessor Program are: (a) The applicant must be legally able to work under a public contract in the State of Oregon; (b) The applicant must be an architectural and/or engineering professional who has at least 5 years of experience working with K-12 schools. (c) The applicant must demonstrate capacity for assessing whole-building systems for schools. (6) No individual may become a Certified Assessor unless: (a) They meet the requirements to apply for the program; (b) Attend and complete the training for Certified Assessors; and (c) Pass a written examination at the end of the training program. Statutory/Other Authority: ORS 326.125 Statutes/Other Implemented: ORS 326.125 History: ODE 40-2025, minor correction filed 06/18/2025, effective 06/18/2025 ODE 2-2024, amend filed 02/16/2024, effective 02/16/2024 ODE 37-2021, amend filed 10/26/2021, effective 10/26/2021 ODE 35-2020, minor correction filed 08/28/2020, effective 08/28/2020 ODE 21-2019, amend filed 06/25/2019, effective 06/25/2019 ODE 7-2017, f. & cert. ef. 6-1-17 ODE 4-2017, f. & cert. ef. 3-1-17 ODE 41-2016, f. & cert. ef. 7-20-16
581-028-0005 Definitions The following definitions and abbreviations apply to these rules: (1) “Average Daily Membership” or “ADMr” means the average daily membership as calculated under OAR 581-023-0006. (2) “Cable Connection” means an internet connection that uses fiber optic technology, copper cable technology, or twisted wire technology. (3) “Charter School” means a public charter school as defined and organized under ORS chapter 338. (4) “Connecting Oregon Schools Fund” means the fund established by Oregon Laws Chapter 51 Section 3 (2018). (5) “Consortium” or “Consortia” means a group of Districts, Charter Schools, or ESDs, that are applying as one entity to the Connecting Oregon Schools Fund. (6) “Department” means the Oregon Department of Education. (7) “District” or “Districts” means school districts, as defined in ORS 328.001(3), that are eligible to apply for a State Matching Grant. (8) “DSL” means an internet connection that uses Digital Subscriber Line technology. (9) “Education Service District” or “ESD” means an Education Service District as defined and organized under ORS chapter 334. (10) “Free and Reduced Lunch Percentage” means the number of students that receive benefits through the free and reduced lunch program divided by number of students in the District as provided by the Oregon Department of Education’s Child Nutrition Services. (11) “Mbps” means Megabits per second. (12) “Number of Schools” means the number of schools in a given District as reported by the data collections within the Oregon Department of Education. (13) “Organization” or “Organizations” means a District, ESD, Charter School, or Consortia that is eligible to apply for a grant from the Connecting Oregon Schools Fund. (14) “Priority Calculation” means the calculations undertaken by the Department according to these rules to rank each application in priority order to receive matching funds from the Connecting Oregon Schools Fund. (15) “Remote Small Elementary School” means any school that qualifies for the Remote Small Elementary School Correction as defined in ORS 327.077(1)-(2). (16) “Satellite Connection” means a data connection to the internet that uses satellite technology or other extraterrestrial technology to connect to the internet. Statutory/Other Authority: Oregon Laws 2018 (HB 4023), Chapter 51 & Section 3 Statutes/Other Implemented: Oregon Laws 2018 (HB 4023), Chapter 51 & Section 3 History: ODE 1-2020, amend filed 02/27/2020, effective 02/28/2020 ODE 33-2018, adopt filed 10/19/2018, effective 10/19/2018
581-028-0010 Connecting Oregon Schools Fund Applications (1) The Department shall post on its website the amount of funds in the Connecting Oregon Schools Fund available for each year of the biennium. (2) The Department shall update the information each biennium after the amount of funds available in the Connecting Oregon Schools Fund is determined. (3) If the legislature does not provide funds for the Connecting Oregon Schools Fund in any biennium, then the application process will be put on hold until funds become available. (4) Each year, the Department shall establish the period when they will accept applications for the Connecting Oregon Schools Fund matching grants for that year. (5) The application periods shall align with any federal application period for Organizations to receive federal monies for the purpose of providing broadband access to eligible schools in this state. (6) Organizations shall electronically submit applications to the Department within the required timelines and on forms developed by the Department. (7) The Department may give Organizations that submit applications that do not meet requirements time to cure defects. (8) The Department’s decision to accept or reject an application for failure to meet all requirements shall be final. (9) If there are funds available, the Department shall notify Organizations of the results of their application in time for the Organizations to include the results with any federal applications they need to submit. The Department shall provide any documentation required by the federal application. Statutory/Other Authority: Oregon Laws 2018 (HB 4023), Chapter 51 & Section 3 Statutes/Other Implemented: Oregon Laws 2018 (HB 4023), Chapter 51 & Section 3 History: ODE 1-2020, amend filed 02/27/2020, effective 02/28/2020 ODE 33-2018, adopt filed 10/19/2018, effective 10/19/2018
581-030-0100 Approved Recovery School Establishment (1) Established as a: (a) A new public school; (b) From an existing public school; or (c) From a public alternative education program as defined in ORS 336.615 (2) To operate as an approved recovery school, it must: (a) Be approved by the Oregon Department of Education; and (b) Not charge tuition for Oregon residents. (3) An applicant seeking to establish an approved recovery school shall submit an application to the Oregon Department of Education. The form and timelines will be determined by the Oregon Department of Education. 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
581-030-0210 Evaluation Criteria for Approved Recovery School Applications The Department of Education will evaluate an application to be an approved recovery school using the following criteria: (1) The demonstrated, sustainable support for the approved recovery school by local education agencies, teachers, parents, students, partner organizations, and other community members; (2) The capability of the applicant, in terms of support and planning, to provide comprehensive, culturally responsive, instructional programs to students pursuant to an approved application; (3) The capability of the applicant, in terms of support and planning, to provide recovery programs to students, including the school’s plan for overdose prevention and responsiveness, pursuant to an approved application; (4) The demonstrated financial planning and viability of the applicant to operate sustainable approved recovery school; (5) The capability of the applicant to provide child find, special education, and related services for students with disabilities pursuant to ORS 336.680; (6) The proposed geographic location of the approved recovery school and any associated satellite campuses; (7) The demonstrated need for services by the community in which the approved recovery school would be located; (8) The prior history, if any, of the applicant in operating a recovery school or program, other public or private school, or in providing educational services; and (9) Any other information the Oregon Department of Education deems relevant to the decision. 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
581-030-0220 Term and Renewal of Approved Recovery School Agreements (1) Upon approval of an application by the Oregon Department of Education under ORS 336.680, the Department of Education shall enter into an agreement with the ESD, school district, or public charter school to operate the approved recovery school. (2)(a) The initial agreement to operate an approved recovery school shall be in effect for a period of not more than five years and shall be renewed upon the approval of the Department of Education using the process established under this rule. (b) Renewals of an approved recovery school shall be for a minimum of five years but may not exceed 10 years. (3) The approved recovery school shall submit a renewal application to the Oregon Department of Education. (a) The Department shall determine the form, contents and timelines of the application for renewal; (b) Determine the records required for review and ordering the production of those records from the approved recovery school and establishing timelines for the production of those records; and (c) Requiring the approved recovery school to respond to written or oral inquiries related to renewal review. (4) The Department of Education shall evaluate an application to renew an approved recovery school using the following criteria: (a) Is in compliance with state and federal laws; (b) Is in compliance with the agreement to operate an approved recovery school; (c) Is accredited or in the process of becoming accredited, by a nonprofit accrediting organization that establishes standards for recovery schools; (d) Is fiscally stable, is using a sound financial management system, and produces audited financial statements that comply with Section 6 of this chapter; (e) Is in compliance with any renewal criteria in the agreement to operate an approved recovery school; and (f) Is meeting or working toward meeting the student performance goals and other performance goals specified in the agreement to operate an approved recovery school. (5) The Department of Education shall base the evaluation described in subsection (d) of this rule primarily on a review of the approved recovery school's accreditation, annual audit of accounts, site visits, and any other information mutually agreed upon by the approved recovery school and the Department of Education. 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
581-030-0300 Approved Recovery School Financial Management System and Audit (1) The financial management system of an approved recovery school must include a budget and accounting system that: (a) Complies with the requirements of the uniform budget and accounting system adopted by rule of the State Board of Education under ORS 327.511; and (b) Complies with the Oregon Program budgeting and Accounting Manual published by the Oregon Department of Education. (2) An approved recovery school shall maintain financial records that include all funding sources, expenditures, assets, and liabilities related to the operation of the approved recovery school minimally including: (a) Public funds received from the Oregon Department of Education; (b) Grants received from public or private grantors; (c) Donations; (d) In kind services or donations; (e) Loans or other financial debts; (f) Student accounts; and (g) Any other records necessary for complete and transparent accounting for 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
581-030-0310 Approved Recovery School Financial Management Audit (1) An approved recovery school’s financials shall be audited annually in accordance with Municipal Audit Law. The audit may be included as a special report within the audit of the ESD, school district, or public charter school. If the approved recovery school’s audit is not included, the approved recovery school must submit an audit that minimally include: (a) Expenditures of the approved recovery school for administration, instruction, recovery programs, attendance, health services, operation of plant, maintenance of plant, fixed charges, transportation, food service, and student body activities; and (b) Revenue from public and private sources including fees. (2) Audited financial statements shall be submitted to the Oregon Department of Education. (3) An approved recovery school may be required to provide the Oregon Department of Education with regular financial reports described in the agreement to operate an 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