justicedao/ipfs_state_laws huggingface dataset:
575-105-0020 Disbursements of Grant Funds to Students (1) Institutions shall disburse grants to eligible students from funds provided by the Commission on an academic term basis within a time schedule established annually by the Commission. A disbursement may not be made to a student who does not meet student eligibility requirements as defined in OAR 575-105-0005. (2) If, as a result of an institutional error, grants are disbursed to ineligible students, to students in ineligible programs, or to students for an inappropriate number of terms, the institution shall reimburse the commission the full amount of moneys erroneously disbursed. (3) Institutions shall refund unused grant funds to the Commission within a time schedule established annually by the commission. (4) With Commission approval, institutions may make late disbursements of retroactive awards for prior academic terms as determined by the Commission. Statutory/Other Authority: 350.075 & 2022 Oregon Laws Chapter 110 Statutes/Other Implemented: 2022 Oregon Laws Chapter 110 History: OSAC 3-2022, adopt filed 10/19/2022, effective 10/19/2022 OSAC 1-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
575-105-0025 Requirements for Concurrently Enrolled Students (1) The Commission will prescribe eligibility requirements and grant calculations for students concurrently enrolled in a community college established under ORS Chapter 341 and a public university listed in ORS 352.002. (2) For students who are concurrently enrolled in two or more public institutions, the Oregon Tribal Student grant award will be based on the cost of attendance determined by the student’s “home” institution. Statutory/Other Authority: 350.075 & 2022 Oregon Laws Chapter 110 Statutes/Other Implemented: 2022 Oregon Laws Chapter 110 History: OSAC 3-2022, adopt filed 10/19/2022, effective 10/19/2022 OSAC 1-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
575-105-0030 Recordkeeping (1) As a condition of receiving program funds, each institution shall maintain sufficient records to document its activities relating to the program by rule regarding student financial aid records (OAR 166- 450-0045, OAR 166-475-0055). (2) As a condition of receiving program funds, each institution shall make its academic and financial records available to the Commission upon request for the purpose of assuring that the institution is complying with the requirements relating to the administration of the program. Statutory/Other Authority: 350.075 & 2022 Oregon Laws Chapter 110 Statutes/Other Implemented: 2022 Oregon Laws Chapter 110 History: OSAC 3-2022, adopt filed 10/19/2022, effective 10/19/2022 OSAC 1-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
581-001-0002 Authorization for Employee to Appear on Behalf of Agency in Certain Hearings (1) Subject to the approval of the Attorney General, an officer or employee of the Department of Education is authorized to appear on behalf of the agency in the following types of hearings conducted by this agency or the Office of Administrative Hearings: (a) Appeals under ORS 326.603 and OAR 581-021-0510 and 581-021-0511 relating to an applicant’s employment or eligibility to contract with a school district based on the results of a criminal background check; and. (b) Appeals under ORS 820.110 and OAR 581-053-0060 relating to school buses and actions taken by the Department against a certificate or permit holder. These may include suspensions, revocations or refusals of certificates or permits. (2) The Department representative may not make legal argument on behalf of the agency. (a) “Legal argument” includes arguments on: (A) The jurisdiction of the agency to hear the contested case; (B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and (C) The application of court precedent to the facts of the particular contested case proceeding. (b) “Legal argument” does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on: (A) The application of the statutes or rules to the facts in the contested case; (B) Comparison of prior actions of the agency in handling similar situations; (C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case; (D) The admissibility of evidence; and (E) The correctness of procedures being followed in the contested case hearing. Statutory/Other Authority: ORS 183.452 Statutes/Other Implemented: ORS 183.452 History: ODE 11-2024, minor correction filed 03/15/2024, effective 03/15/2024 ODE 25-2016, f. & cert. ef. 4-7-16 EB 1-1995, f. & cert. ef. 1-24-95
581-001-0005 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the State Board of Education adopts the Attorney General's Model Rules of Procedure under the Administrative Procedure Act in effect on January 1, 2012, except for special education due process hearings authorized under ORS 343.165, special education complaint investigations under 343.041(3), and rulemaking relating to the implementation of Individuals with Disabilities Act, which shall be heard in accordance with rules of the State Board of Education implementing the federal law, Individuals with Disabilities Education Act, in effect as of January 1. 2012 [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Department of Education.] Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183.341 History: ODE 10-2012, f. 3-30-12, cert. ef. 4-2-12 ODE 6-2011, f. & cert. ef. 4-22-11 ODE 4-2007, f. & cert. ef. 2-21-07 ODE 2-2006(Temp), f. & cert. ef. 2-14-06 thru 8-1-06 EB 2-1995, f. & cert. ef. 1-24-95 1EB 22-1986, f. & cert. ef. 7-14-86 1EB 2-1984, f. 2-17-84, cert. ef. 5-8-84 1EB 11-1982, f. & cert. ef. 3-24-82 1EB 20-1981(Temp), f. 12-29-81, cert. ef. 12-31-81 1EB 7-1980, f. & cert. ef. 4-17-80 1EB 14-1978, f. & cert. ef. 4-3-78 1EB 222, f. 3-22-76, cert. ef. 4-1-76, Renumbered from 581-061-0035 1EB 160, f. 11-2-73, cert. ef. 11-25-73 1EB 125, f. 11-4-71, cert. ef. 11-15-71 1EB 2, f. & cert. ef. 12-22-58
581-001-0016 Deputy Superintendent of Public Instruction Except as otherwise designated or limited by the Governor pursuant to ORS 326.300: (1) References to the “Superintendent of Public Instruction” in rules, policies or in motions adopted by the State Board of Education shall be considered references to the Superintendent of Public Instruction and the Deputy Superintendent of Public Instruction. (2) The Deputy Superintendent shall perform any act or duty which the State Board of Education has designated by rule, policy or vote to the Superintendent of Public Instruction. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.300 & 326.310 History: ODE 1-2013, f. & cert. ef. 1-15-13 ODE 24-2012(Temp), f. 9-13-12, cert. ef. 9-17-12 thru 3-15-13
581-001-0053 Parking Rules (OSSD) (1) There shall be no charge to employees of the Oregon State Schools for the Deaf for parking automobiles at the school or for using bicycle racks provided by the Department. (2) The Department may issue parking permits to other employees who wish to park at the school. The parking rate for such permits will be one-half of the O rider permits issued for the Pringle site rounded to the nearest half dollar. (3) The Department provides parking for official business only, unless other arrangements are expressly made for employees (during working hours), visitors, commercial service, and state-owned vehicles. Persons who fail to comply with this rule shall forfeit their parking privileges, and be subject to the enforcement provisions specified in OAR 581-023-0052(12). The Department may provide the following types of additional parking: (a) Specially marked or designated free parking for the temporary use of individuals with handicaps visiting state offices. Vehicles occupying such spaces shall bear the appropriate identifying plate or decal sticker issued by the Motor Vehicles Division; (b) Time-limited free spaces for use by persons transacting business in state offices. No state employee shall abuse this class of parking; (c) Free spaces designated for commercial loading and service vehicle use only. (4) Provisions for safety and enforcement set forth in OAR 581-001-0052(11) and (12) shall apply as well to parking facilities at the Oregon State School for the Deaf. (5) Effective date of these amendments shall be September 1, 1988. Statutory/Other Authority: ORS 98, 276 & 591 Statutes/Other Implemented: ORS 276.591 & 276.595 History: ODE 12-2009, f. & cert. ef. 12-10-09 EB 33-1988, f. 8-3-88, cert. ef. 9-1-88 1EB 13-1986, f. 4-25-86, ef. 4-28-86 1EB 8-1982, f. & ef. 3-24-82 1EB 19-1981(Temp), f. & ef. 12-23-81
581-001-0105 Establishing Fees for Public Records (1) The Oregon Department of Education may charge a fee of twenty-five (25) cents per page for supplying copies of public records on request. (2) The Department may charge an additional fee reasonably calculated to provide reimbursement for costs incurred in locating, compiling, editing or otherwise processing such records to make them available for inspection, and for costs incurred in locating, compiling, editing or otherwise processing such records to make them available for inspection, and for costs of conveying such records to the requester. Employee time required for such purposes shall be billed at a rate not to exceed cost of employee time to the Department. (3) No additional fee will be charged for providing records in an alternative format to individuals with vision or hearing impairments when required by the Americans with Disabilities Act. (4) A Deputy Superintendent may reduce or waive fees when: (a) The time spent making the records available was negligible; or (b) Supplying the requested records is within the normal scope of Department activity; or (c) Payment would make extreme financial hardship upon requester. Statutory/Other Authority: ORS 326.325 Statutes/Other Implemented: ORS 192.440 History: EB 13-1994, f. & cert. ef. 10-3-94 1EB 16-1985, f. & ef. 7-3-85
581-001-0110 Mediation Confidentiality Pursuant to ORS 36.224 and OAR 137-005-0050, the Oregon Department of Education adopts by reference OAR 137-005-0052 Mediation Confidentiality as promulgated by the Attorney general effective as of November 13, 2018. Statutory/Other Authority: ORS 36.224 Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232 History: ODE 148-2019, amend filed 10/24/2019, effective 10/24/2019 ODE 7-2001, f. & cert. ef. 1-29-01
581-001-0115 Confidentiality of Workplace Mediations Pursuant to ORS 36.224 and OAR 137-005-0050, the Oregon Department of Education adopts by reference OAR 137-005-0055 Confidentiality of Workplace Mediations as promulgated by the Attorney general effective as of November 13, 2018. Statutory/Other Authority: ORS 36.224 Statutes/Other Implemented: ORS 36.230(4) History: ODE 148-2019, amend filed 10/24/2019, effective 10/24/2019 ODE 7-2001, f. & cert. ef. 1-29-01
581-002-0025 Test Development (1) Definitions. As used in this rule: (a) “Assessment item” means test items, stimuli, graphics, reading passages, writing prompts, answer keys, and scoring rubrics developed for use on an Oregon Statewide Assessment. (b) “Oregon statewide assessment” means: (A) The English Language Proficiency Assessment (ELPA); (B) The Oregon Assessment of Knowledge and Skills (OAKS) in: (i) Reading/Literature; (ii) Mathematics; (iii) Science; (iv) Social Sciences which may include history, geography, economics and civics; (v) Writing Performance; and (C) The OAKS Extended Assessment in: (i) Reading/Literature; (ii) Mathematics; (iii) Science; (iv) Writing Performance. (2) ODE shall provide translated OAKS assessments as practicable for languages which are the language of origin for at least 9 percent of Oregon’s student population for grades K–12 within 3 years after the school year in which the language first exceeds the 9 percent threshold. (3) ODE shall maintain advisory groups to advise ODE on the development of assessment items and policies relating to the Oregon statewide assessment system. These advisory groups shall include Oregon educators and other persons. At a minimum, ODE shall maintain the following advisory groups: (a) A National Technical Assessment Committee consisting of state and national experts to provide recommendations regarding: (A) Test design for the Oregon statewide assessments; (B) Best practices in assessment and accountability; (C) National trends in assessment and accountability; and (D) Federal compliance with assessment and accountability laws, rules, and regulations. (b) A separate Content and Assessment Panel for each Oregon statewide assessment. Each Content and Assessment Panel consists of educators and other persons from throughout the state and provides recommendations regarding: (A) The quality, appropriateness, and accuracy of assessment items; and (B) The alignment of assessment items to the academic content standards adopted by the State Board of Education. (c) A Sensitivity Panel consisting of educators and other persons representing diverse perspectives from throughout the state to: (A) Develop sensitivity criteria to ensure that assessment items are free of bias and stereotyping and are accessible to all Oregon students; and (B) Review OAKS and ELPA assessment items for compliance with the sensitivity criteria developed under Section 3(e)(A) of this rule. Statutory/Other Authority: 329.075 & ORS 326.051 Statutes/Other Implemented: ORS 329.045, 329.075 & 329.485 History: ODE 44-2018, renumbered from 581-022-0620, filed 12/11/2018, effective 12/11/2018 ODE 5-2010, f. & cert. ef. 3-18-10
581-002-0035 Waivers The Director of the Department of Education may grant waivers as follows: (1) Waiver of a specific standard: To address an immediate concern or need, a school district may petition the Director for a waiver of a specific standard. A petition shall specify the reason(s) the district is seeking the waiver and other relevant information. If it is determined that the request conforms with the intent of the standards, the Director shall recommend the waiver to the State Board. Waivers under this provision may be granted for up to one year. (2) Educational Flexibility Partnership Demonstration Act (Ed-Flex) Waiver: (a) This federal Act allows school districts to request a waiver of statutory or regulatory requirements under the following federal programs or Acts: (A) Elementary and Secondary Education Act (ESEA) Title I, Helping Disadvantaged Children Meet High Standards; (B) ESEA Title II, Teacher Quality; (C) ESEA Title IV, Safe Drug Free Schools; (D) ESEA Title V, Innovative Education Program Strategies; (E) ESEA Title VII, Part C — Emergency Immigrant Education; (F) Carl D. Perkins Vocational and Applied Technology Education Act. (b) The application must demonstrate that the school district, if the waiver is granted, will still meet the underlying purposes of the federal statutory requirements. The request of an Ed-Flex Waiver must be made on the appropriate application form available from the Department of Education. Waivers under this provision may be granted for periods not to exceed five years. (3) ADM Report Waivers: (a) “ADM” means average daily membership as defined in ORS 327.006(3). (b) I f a state of emergency is declared pursuant to ORS 401.165 et. seq., and all public schools are closed by order of the Governor, the Director may waive a report of ADM that is otherwise required under ORS 327.133. Statutory/Other Authority: ORS 326.051 & ORS 327.133 Statutes/Other Implemented: ORS 326.051, 329.077, 329.555 & ORS 327.133 History: ODE 10-2024, temporary amend filed 02/16/2024, effective 02/16/2024 through 08/13/2024 ODE 31-2020, amend filed 06/24/2020, effective 06/24/2020 ODE 19-2020, temporary amend filed 04/23/2020, effective 04/23/2020 through 10/19/2020 ODE 44-2018, renumbered from 581-022-1920, filed 12/11/2018, effective 12/11/2018 Reverted to ODE 25-2008, f. & cert. ef. 9-26-08 ODE 2-2017(Temp), f. & cert. ef. 2-1-17 thru 7-24-17 ODE 25-2008, f. & cert. ef. 9-26-08 ODE 11-2002, f. & cert. ef. 4-12-02 EB 2-1997, f. & cert. ef. 3-27-97
581-002-0090 Accountability Reporting Advisory Committee (1) The Superintendent of Public Instruction shall appoint a committee, called the Accountability Reporting Advisory Committee (ARAC), consisting of at least eight members of the educational community. No more than one voting member of the ARAC may be employed by the Oregon Department of Education. The Superintendent shall appoint a chairperson and vice chairperson. (2) The ARAC will have the following responsibilities: (a) Recommend to the Oregon Department of Education policies, procedures and methodologies regarding: (A) School and district report cards; (B) Cohort graduation rate; (C) Annual Measurable Objectives; (D) Business rules for accountability reporting; (E) Measurement of student growth; and (F) Other measures for holding schools and districts accountable for student success. (b) Make recommendations to the Oregon Department of Education on appeals from districts regarding accountability data where the data have not been publicly released in final form and: (A) The school or district submitted incorrect data or failed to submit data due to unique events that could not be predicted and/or controlled by the school or district; or (B) The data issue could not otherwise be remedied by correcting data used in a school or district report during the validation window available for each data collection. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.051 History: ODE 15-2017, f. & cert. ef. 7-5-17 ODE 2-2013, f. & cert. ef. 1-15-13
581-002-0200 Class Size Collection (1) As used in this rule: (a) “Class” means a setting in which organized instruction of academic course content is provided to one or more students (including cross-age groupings) for a given period of time. A course may be offered to more than one class. Class instruction, provided by one or more teachers or other staff members, may be delivered in person or via a different medium. (b) “Regular assignment of a teacher” means a teacher who consistently teaches a group of students in an elementary self-contained classroom or group(s) of students in a secondary classroom in academic subject area(s) over a given period of time. (2) Beginning with the 2014–2015 school year, the Department of Education shall require public education programs to submit information as required by ORS 329.901 and this rule for the following categories of classes as identified based on the grade levels of the school: (a) Elementary schools (any combination of grades Kindergarten through 8): Homeroom (Self-Contained) (b) Secondary schools (any combination of grades 6 through 12) by academic subject area: (A) Language Arts (including Reading, Writing, and Literature); (B) Mathematics; (C) Science; (D) Social Studies (Civics, History, Government, Economics, Geography); (E) World Language and Literature; and (F) Fine and Performing Arts. (3) The Department shall utilize existing institution, staff and student data collections to collect the information required by ORS 329.901 and this rule. (4) The Department shall provide a technical manual to public education programs that will be used to determine class size. Statutory/Other Authority: ORS 329.901 Statutes/Other Implemented: ORS 329.901 History: ODE 15-2022, amend filed 03/24/2022, effective 03/24/2022 ODE 37-2014, f. & cert. ef. 6-27-14
581-002-1800 Dyslexia-Related Training: Definitions The following definitions apply to OAR 581-002-1805 and 581-002-1810: (1) “Dyslexia” means a specific learning disability that is neurobiological in origin. It is characterized by difficulties with accurate or fluent word recognition, or both, and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge. (2) “Explicit” means direct, face-to-face teaching that involves teacher explanation, demonstration, and the provision of ongoing corrective feedback. (3) “Evidence-based” means instructional practices with a proven record of success based on reliable, trustworthy, and valid evidence that when the practices are implemented with fidelity, students can be expected to make adequate gains in reading achievement. (4) “Kindergarten through grade five school” means any public school that enrolls students in kindergarten or grade one including, but not limited to, kindergarten through grade eight schools, kindergarten through grade 12 schools, and primary schools serving students in kindergarten through grade two. (5) “Professional educator” means any licensed or registered, or certified person who is authorized to: (a) engage in an instructional program including teaching, counseling, school psychology, administering, and supervising; or (b) engage in speech language pathology. (6) “Systematic” means a carefully planned sequence of instruction with lessons that build on previously taught information, from simple to complex. Statutory/Other Authority: ORS 326.726 Statutes/Other Implemented: ORS 326.726 History: ODE 31-2018, amend filed 10/19/2018, effective 10/21/2018 ODE 16-2018, temporary amend filed 05/29/2018, effective 05/30/2018 through 11/25/2018 ODE 1-2018, amend filed 01/26/2018, effective 01/27/2018 ODE 1-2017, f. & cert. ef. 2-1-17
581-002-1805 Annual List of Dyslexia-Related Training Opportunities (1) The Oregon Department of Education shall annually develop a list of training opportunities related to dyslexia. (2) To be included on the list of approved training opportunities, the training must: (a) Comply with the knowledge and practice standards of an international organization on dyslexia: (A) The Department shall review knowledge and practice standards from known international organizations on dyslexia annually; and (B) In the event that more than one set of international standards exist, the Department will review, with stakeholder involvement, all standards to ensure the selection of standards that reflect current evidence-based practices related to dyslexia. (b) Include content in one or more of the following areas: (A) Understanding and recognizing dyslexia; (B) Using evidence-based practices to systematically and explicitly teach the foundational skills in reading; and (C) Intensifying instruction to meet the needs of students with severe reading difficulties, including dyslexia. (3) The Oregon Department of Education will independently review potential training opportunities and annually post a Request for Information for dyslexia-related training opportunities to solicit information from interested vendors. (a) The Department will review training opportunities on a rolling basis, beginning as early as January 1 of each year and concluding by June 15 of that calendar year. (b) The Department will post a Request for Information no later than February 1st of each year. The Request for Information will remain posted through March 15th of that calendar year. (c) The Department will consult with the Teachers Standards and Practices Commission to ensure the approved training opportunities also satisfy professional development requirements for teachers. (d) The final list of approved training opportunities will be posted no later than June 15th of each year. (e) Once a training opportunity has been approved by the Department and placed on the list of training opportunities, to remain on the list the Vendor must submit on an annual basis a request for renewal on a form to be provided by the Department. Statutory/Other Authority: ORS 326.726 Statutes/Other Implemented: ORS 326.726 History: ODE 1-2018, amend filed 01/26/2018, effective 01/27/2018 ODE 1-2017, f. & cert. ef. 2-1-17