justicedao/ipfs_state_laws huggingface dataset:
581-024-0300 Advisory Committees (1) Except as required in section (2) of this rule, the district board may appoint local advisory committees to represent the interests of areas within the district and to advise the district board on matters of interest within the area. (2) If two or more component school district boards adopt resolutions petitioning the district board to establish a local advisory committee, the district board shall establish such a committee. (3) A local advisory committee shall represent more than one component school district board. (4) The district board shall adopt policies concerning the composition, number of members, term of office, procedures for appointment, and duties and responsibilities of each advisory committee. (5) Nothing in this rule prevents district boards from appointing ad hoc advisory committees whenever the board deems it appropriate. Statutory/Other Authority: ORS 334.025(4) Statutes/Other Implemented: ORS 334.025 History: ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08 EB 10-1994, f. & cert. ef. 8-16-94
581-024-0310 Gifts and Bequests Each district board shall, subject to ORS 334.215 and 294.326, adopt a policy concerning acceptance of bequests of money and gifts and for their deposit and expenditure. By policy or duly adopted motion the district board may refuse to accept donations that it deems not to be in the district’s best interest. Statutory/Other Authority: ORS 334.215 Statutes/Other Implemented: ORS 334.215 History: EB 10-1994, f. & cert. ef. 8-16-94
581-025-0005 District Boundary Board Hearings (1) The boundary board may develop preprinted forms for a request and a petition for boundary change or merger. (2) Before the proposed boundary change or merger is considered, the boundary board shall give notice in the manner provided in ORS 330.101(1) and 330.635. Statutory/Other Authority: ORS 330.080, 330.090(5), 330.107 & 330.123 Statutes/Other Implemented: ORS 330.080, 330.090, 330.107 & 330.125 History: EB 48-1990, f. & cert. ef. 12-5-90 EB 7-1989, f. & cert. ef. 1-26-89
581-025-0010 Final Decision of District Boundary Board (1) The boundary board shall make, by resolution, the final decision on the proposed boundary change or merger. (2) Within three days of the final decision, the boundary board shall serve a copy of the resolution of final decision personally or by certified mail upon the affected school districts, each district boundary board with jurisdiction over an affected district, and the petitioners or their designated agent. Statutory/Other Authority: ORS 330.080, 330.090(5), 330.107 & 330.123 Statutes/Other Implemented: ORS 330.080, 330.090, 330.107 & 330.125 History: EB 48-1990, f. & cert. ef. 12-5-90 EB 7-1989, f. & cert. ef. 1-26-89
581-025-0015 Submission of Record to the State Board of Education Upon receipt of a copy of the notice of appeal to the State Board of Education, the boundary board shall forward the complete record of its consideration of the request or petition to the State Board within 30 days. The complete record shall include the original request or petition, affidavits of publication of notice of the meeting at which the request or petition was considered and a copy of the notice, and the resolution of final decision. Statutory/Other Authority: ORS 330.080, 330.090(5), 330.107 & 330.123 Statutes/Other Implemented: ORS 330.080, 330.090, 330.107 & 330.125 History: EB 48-1990, f. & cert. ef. 12-5-90 EB 7-1989, f. & cert. ef. 1-26-89
581-025-0020 Procedure for Appeal to the State Board of Education of a District Boundary Board Decision (1) A notice of appeal to the State Board of Education under ORS 330.090(5) shall be filed within 30 days of the date of the resolution of final decision of the boundary board: (a) The notice of appeal submitted by the petitioners shall be signed by all petitioners or their designated agent; (b) A notice of appeal submitted by the school districts shall be signed by the district superintendent, the chairman of the district board of directors or by the attorney for each school district. (2) The notice of appeal shall be filed with the State Superintendent of Public Instruction and a copy of the notice of appeal shall be sent to the boundary board. (3) After consideration of the complete record submitted by the boundary board, the State Board of Education shall order the proposed boundary change or merger if the requirements of ORS 330.080 to 330.101 have been satisfied and shall direct the boundary board to perform the duties described in ORS 330.101 and 308.255 Statutory/Other Authority: ORS 330.080, 330.090(5), 330.107 & 330.123 Statutes/Other Implemented: ORS 330.080, 330.090, 330.107 & 330.125 History: EB 48-1990, f. & cert. ef. 12-5-90 EB 7-1989, f. & cert. ef. 1-26-89
581-026-0005 Temporary rule language in effect until 06/19/2026. Definitions (1) “Applicant”: An applicant means any person or group that develops and submits a written proposal for a public charter school to a sponsor that is not a tribal applicant. (2) “Tribal Applicant”: A tribal applicant means any federally recognized Indian tribe in Oregon that develops and submits a written proposal for a public charter school to a sponsor. (3) "District School Board": The board of directors of a common school district or a union high school district (ORS 332.002(1)). (4) “Interscholastic activities”: Athletics, music, speech and other similar or related activities: (a) That are operated by the public charter school or school district; (b) That are not part of the public charter school student’s comprehensive instructional program; and (c) For students in grade kindergarten through grade eight, that are offered only before or after regular school hours; and (d) For students in grade nine through grade 12, those sanctioned by the Oregon School Activities Association (OSAA). (5) “Public Charter School”: A public charter school means an elementary or secondary school offering a comprehensive instructional program operating under a written agreement entered into between a sponsor and an applicant or tribal applicant and operating pursuant to ORS 338. (6) “Public Charter School Governing Body”: Means: (a) The 501c3 and Oregon Nonprofit board of directors for a charter school required to comply with ORS 338.035(2)(a)(B) and (C); (b) A school district board when the charter school is not required to comply with ORS 338.035(2)(a)(B) and (C); or (c) A tribal board, council, or committee designated by the Tribe for a charter school established under ORS 338.035(2)(b)(C). (7) “Sponsor”: A sponsor of a public charter school means: (a) The board of the common school district or the union high school district in which the public charter school is located that has developed a written charter with an applicant to create a public charter school. (b) The State Board of Education pursuant to ORS 338.075. (8) “Virtual Public Charter School”: A public charter school as defined in ORS 338.005(6) and 581-026-0300. Statutory/Other Authority: ORS 338.025 Statutes/Other Implemented: ORS 338 History: ODE 62-2025, temporary amend filed 12/19/2025, effective 12/22/2025 through 06/19/2026 ODE 30-2018, amend filed 09/26/2018, effective 09/26/2018 ODE 23-2018, amend filed 06/27/2018, effective 06/28/2018 ODE 8-2018, amend filed 03/02/2018, effective 03/03/2018 ODE 10-2014, f. & cert. ef. 2-19-14
581-026-0050 Temporary rule language in effect until 06/19/2026. Public Charter School Proposal Submission and Completeness (Proposal to School Districts) (1) An applicant or tribal applicant must submit proposals to the local school district board and the State Board of Education. (2) Upon receipt of a proposal from an applicant or tribal applicant, the school district board will determine whether the proposal addresses, at least minimally, all of the required components as set out in ORS 338.045(2) and (3). Within 30 business days of the receipt of a proposal, the school district will notify the applicant or tribal applicant as to the completeness of the proposal. A proposal that included, for example, a reprinting of the charter school statutes as its response to a required component, would not minimally address that component and would not be complete. A proposal that addressed a required component based on an incorrect budget assumption or in a manner that is unsatisfactory to the local school district would nonetheless be complete. (a) If the district deems a proposal to be incomplete, the district must identify the specific elements that are not complete and provide a reasonable opportunity to complete the proposal. (b) The district may disapprove the proposal if the applicant or tribal applicant does not provide a proposal that is complete within the reasonable opportunity as provided in subparagraph (a) of this paragraph. (c) For a proposal that has been disapproved under (b), the applicant or tribal applicant may appeal the decision to the State Board of Education within 30 days of the disapproval. The State Board may review the proposal only for completeness and may determine that the proposal is: (A) Not complete and uphold the decision of the school district board; or (B) Complete and remand the proposal to the school district for consideration. (3) The State Board of Education delegates to the Director of the Oregon Department of Education or the director's designee all administrative functions necessary or reasonable in order to conduct a timely appeal process. This delegation includes issuing a final order. An order issued by the director or the director's designee shall be considered an order in other than a contested case under ORS 183.484. The final order shall: (a) Uphold the decision of the school district board; or (b) Remand the proposal to the school district for consideration. (4) The director or the director's designee shall issue a final order within 30 days of receiving the notice of appeal from the applicant. The director or the director's designee shall send a copy of the final order to the applicant or tribal applicant and the school district. Statutory/Other Authority: ORS 338.025 Statutes/Other Implemented: ORS 338.055 History: ODE 62-2025, temporary amend filed 12/19/2025, effective 12/22/2025 through 06/19/2026 Renumbered from 581-020-0301, ODE 10-2014, f. & cert. ef. 2-19-14 ODE 11-2010, f. & cert. ef. 6-30-10 Reverted to ODE 13-2000, f. & cert. ef. 5-3-00 ODE 15-2009(Temp), f. & cert. ef. 12-10-09 thru 6-8-10 ODE 13-2000, f. & cert. ef. 5-3-00
581-026-0060 Temporary rule language in effect until 06/19/2026. Public Charter School Proposal Reconsideration (Proposals to School Districts) Within 60 days of a final order issued by the Director of the Oregon Department of Education or the director's designee remanding the resubmitted proposal to the school district for reconsideration, the school district board must evaluate the resubmitted proposal in good faith using the following criteria: (1) Demonstrated, sustainable support for the public charter school by teachers, parents, students and other community members, including comments received at the public hearing held under OAR 581-026-0055 (1); (2) Demonstrated financial stability of the public charter school, including the demonstrated ability of the school to have a sound financial management system in place at the time the school begins operating; (3) Capability of the applicant, in terms of support and planning, to provide students with comprehensive instructional programs; (4) Capability of the applicant, in terms of support and planning, to provide academically low achieving students with comprehensive instructional programs; (5) The adequacy of the information provided as required by ORS 338.045 (2) and (3); (6) Whether the value of the public charter school is outweighed by any directly identifiable, significant and adverse impact on the quality of the public education of students residing in the school district where the public charter school is located; (7) Whether there are arrangements for any special education and related services for children with disabilities pursuant to ORS 338.165; (8) Whether there are alternative arrangements for students and for teachers and other school employees who choose not to attend or who choose not to be employed by the public charter school; and (9) The prior history, if any, of the applicant in operating a public charter school or in providing educational services. (10) The school district board must either approve or deny the resubmitted proposal. Written notice of the decision must be sent to the applicant or tribal applicant. Such notice must include reasons and suggestions for remediation for all proposals that are denied. (11) An applicant or tribal applicant whose resubmitted proposal that has been reconsidered by the school district board and disapproved, may request the State Board of Education review the decision under the procedure set out in OAR 581-026-0065. Statutory/Other Authority: ORS 338.025 Statutes/Other Implemented: ORS 338.055 History: ODE 62-2025, temporary amend filed 12/19/2025, effective 12/22/2025 through 06/19/2026 ODE 10-2014, f. & cert. ef. 2-19-14
581-026-0100 Temporary rule language in effect until 06/19/2026. Development and Execution of a Charter (1) The State Board or a school district board that approves a proposal will be considered the sponsor of the public charter school defined in the proposal. (2) An applicant or tribal applicant whose proposal has been approved by the sponsor must, in cooperation with the sponsor, prepare and execute a charter that addresses, at a minimum, the information that is included in the proposal and: (a) State any reasonable pre-opening requirements or conditions for the public charter school to ensure they meet all health, safety, and other legal requirements prior to opening and are prepared to open smoothly; (b) State how the public charter school shall receive any state and federal funds distributed to districts other than the negotiated percentage of the charter school rate as required by ORS 338.155; (c) Establish the performance standards under which the public charter school will be evaluated, using objective and verifiable measures of student achievement as the primary measure of school quality; (d) Define the sources of academic data that will form the evidence base for ongoing and renewal evaluation; (e) Include expectations for appropriate access, education support services, and coordination with the district in which the public charter school is located for students who may qualify for additional education services; and (f) Include clear, measurable performance standards to judge the effectiveness of mission-specific performance measure and metrics that credibly demonstrate the public charter school’s success in fulfilling is mission and serving its students. (3) Notwithstanding subsection (2), an applicant and sponsor may agree to change elements of the proposal prior to including them in the charter and may agree to exclude elements of the proposal from the charter or to include new elements in the charter by mutual agreement of the school district board and the applicant. (4) An initial charter may be in effect for no more than five years and may be renewed by the sponsor. (5) The first renewal of a charter must be for the same number of years as the initial charter. (6) Subsequent renewals of a charter must be for a minimum of five years but may not exceed 10 years. (7) A sponsor and the charter school governing body may amend a charter at any time by joint agreement. (8)(a) A public charter school must submit a copy of the executed or amended charter to the Oregon Department of Education. (b) Upon executing an initial charter the public charter school must also submit to the Oregon Department of Education evidence of the charter school’s governing board Oregon nonprofit status under ORS 65 and federal 501c3 nonprofit status. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: Ch. 200 & OL 1999 (SB 100) History: ODE 62-2025, temporary amend filed 12/19/2025, effective 12/22/2025 through 06/19/2026 ODE 5-2024, amend filed 02/16/2024, effective 02/16/2024 ODE 30-2018, amend filed 09/26/2018, effective 09/26/2018 Renumbered from 581-020-0311, ODE 10-2014, f. & cert. ef. 2-19-14 ODE 13-2000, f. & cert. ef. 5-3-00
581-026-0110 Temporary rule language in effect until 06/19/2026. Public Charter School Mediation Provided by the State Board of Education (1) If the school district board and the applicant or tribal applicant are unable to agree on a change during the proposal or chartering process, the school district board, the applicant, or tribal applicant may request mediation by the State Board of Education. (2) The State Board of Education delegates to the Director of the Oregon Department of Education or the director's designee all administrative functions necessary or reasonable in order to conduct mediation. The director or the director's designee shall follow the procedures and timelines required by this rule. This delegation to the director or the director's designee includes, but is not limited to: (a) Determining the form, contents, and timelines of the mediation; and (b) Determining the records required for mediation and ordering the production of those records from the school district board, applicant, tribal applicant, or public charter school governing body and establishing timelines for the production of those records. (3) If the school district board and the applicant or tribal applicant are unable to reach an agreement following mediation as provided in this section of rule, the most recent proposal submitted without the change that was the subject of mediation shall be the proposal the school district board and applicant or tribal applicant address in the next step of the proposal or chartering process following the point at which mediation began. Statutory/Other Authority: ORS 338.025 Statutes/Other Implemented: ORS 338.055 History: ODE 62-2025, temporary amend filed 12/19/2025, effective 12/22/2025 through 06/19/2026 ODE 10-2014, f. & cert. ef. 2-19-14
581-026-0120 Charter School Development Timelines (1) School district boards may develop timelines, policies and procedures for receiving, evaluating and approving or disapproving proposals within the parameters set out in ORS 338. (2) School district board timelines, policies and procedures for receiving, evaluating and approving or disapproving proposals may require coordination of charter proposal development with the district's budgeting, student enrollment or operational timelines as necessary to demonstrate that the proposed charter school would meet the requirements of ORS 338. (3) Upon request from a school district, the State Board of Education may extend any timeline required in ORS 338 if the school district board can demonstrate good cause for the extension. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: Ch. 200 & OL 1999 (SB 100) History: Renumbered from 581-020-0311, ODE 10-2014, f. & cert. ef. 2-19-14 ODE 13-2000, f. & cert. ef. 5-3-00
581-026-0125 Temporary rule language in effect until 06/19/2026. Timeline Extensions Consistent with ORS 326.111, the State Board of Education delegates to the Director of the Oregon Department of Education or the director's designee the authority to grant extensions of timelines. The director or the director's designee may grant an extension, upon request from a school district, if the district has good cause for requesting an extension of the timeline for: (1) The charter approval process under ORS 338.055; or (2) The charter renewal process under ORS 338.065. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.111 History: ODE 62-2025, temporary amend filed 12/19/2025, effective 12/22/2025 through 06/19/2026 ODE 10-2014, f. & cert. ef. 2-19-14
581-026-0130 Temporary rule language in effect until 06/19/2026. Procedure to Waive Certain Provisions of the Charter School Law (1) A public charter school may petition the State Board of Education for a waiver of any provision of ORS 388. The written petition must specify the reason(s) the charter school is seeking the waiver and any other relevant information. (2) The public charter school must notify the sponsor if a waiver under this section is being considered. Waivers granted by the State Board to a charter school may require amending the charter under the provisions of OAR 581-026-0100 (7). (3) The State Board of Education, upon receipt of a waiver petition, will review the petition and may grant the waiver upon a showing that approving the waiver would: (a) Promote the development of programs by providers; (b) Enhance the equitable access by underserved families to the public education of their choice; (c) Extend the equitable access to public support by all students; or (d) Permit the development of high quality programs of unusual cost. (4) The State Board of Education may not waive any provision under ORS 338.115(1)(a) to (aa), 338.120, 338.125 (5), 338.135 (2)(b) or 339.122. Statutory/Other Authority: ORS 3263.051 Statutes/Other Implemented: Ch. 200 OL 1999 (SB 100) History: ODE 62-2025, temporary amend filed 12/19/2025, effective 12/22/2025 through 06/19/2026 ODE 48-2014, f. & cert. ef. 12-17-14 ODE 10-2014, f. & cert. ef. 2-19-14
581-026-0200 Temporary rule language in effect until 06/19/2026. Financial Management System (1) A charter school applicant or tribal applicant must include a description of a financial management system within the proposal submitted to the local school district board or the State Board of Education. (2) A public charter school must have in place a financial management system at the time the school begins operation. (3) A financial system used by a public charter school must include a budget and accounting system that: (a) Is compatible with the budget and accounting system of the sponsor of the school; (b) Complies with the requirements of the uniform budget and accounting system adopted by the State Board of Education under OAR 581-023-0035. Statutory/Other Authority: ORS 338.025 Statutes/Other Implemented: ORS 338 History: ODE 62-2025, temporary amend filed 12/19/2025, effective 12/22/2025 through 06/19/2026 Renumbered from 581-020-0334, ODE 10-2014, f. & cert. ef. 2-19-14 ODE 16-2011, f. & cert. ef. 12-15-11 ODE 11-2010, f. & cert. ef. 6-30-10