justicedao/ipfs_state_laws huggingface dataset:
581-022-2120 Essential Skill Assessments for English Language Learners (1) Definitions. As used in this rule: (a) “Assessment option” means an assessment approved to assess proficiency in the Essential Skills for the purpose of earning a high school diploma or a modified diploma. (b) “English Language Learner” (ELL) means a student who meets the definition of “Limited English Proficient” found in Title IX, Part A, Section 9101.25 of the No Child Left Behind Act of 2001 (NCLB). (c) “Essential Skills” means process skills that cross academic disciplines and are embedded in the content standards. The skills are not content specific and can be applied in a variety of courses, subjects, and settings. (d) “Qualified Rater” means any individual who is: (A) Trained to a high degree of proficiency in scoring the assessment administered to the student; and (B) Endorsed by the school district or public charter school, consistent with local school board policy, as proficient in the student’s language of origin for the purposes of accurately scoring the student’s work in the student’s language of origin. (2) Consistent with OAR 581-022-2115, school districts and public charter schools must adopt a policy whether to allow ELL students to demonstrate proficiency in all required Essential Skills in the students’ language of origin. (3) If a school district or public charter school adopts a policy allowing ELL students to demonstrate proficiency in the Essential skills in the students’ language of origin under Sections 2 and 3 of this rule, that policy must include the following: (a) Development of a procedure to provide assessment options as described in the Test Administration Manual in participating ELL students’ language of origin. (b) Development of a procedure to ensure that locally scored assessment options administered in an ELL student’s language of origin are scored by a qualified rater. (4) Consistent with section (22) of OAR 581-022-2115 Assessment of Essential Skills, the requirements established by sections (2) and (3) of this rule are waived through the end of the 2027-28 school year. Statutory/Other Authority: ORS 329.075 & ORS 326.051 Statutes/Other Implemented: ORS 329.045, ORS 329.075 & ORS 329.485 History: ODE 35-2024, amend filed 06/14/2024, effective 06/14/2024 ODE 18-2019, amend filed 05/17/2019, effective 05/17/2019 ODE 10-2018, amend filed 04/03/2018, effective 04/03/2018 Renumbered from 581-022-0617 by ODE 16-2017, f. & cert. ef. 7-5-17 ODE 22-2016, f. & cert. ef. 3-22-16 ODE 18-2010, f. & cert. ef. 12-17-10
581-022-2130 Community-Informed Information Gathering Process at Kindergarten (1)(a) The Department of Education shall implement a community-informed process at the kindergarten level as part of the statewide assessment system implemented pursuant to ORS 329.485. The process shall allow for information collection that will inform state level decisions about Oregon’s early education and child care programs and policies to improve quality and access to programs and promote relationship building among educators, children and families . (b) Once the Department determines that the information gathering process is scalable statewide, school districts shall support families, students, and educators in participating for all students who are enrolled in kindergarten. (2) The Department shall work jointly with the Department of Early Learning and Care and in partnership with Oregon community members to develop an anti-racist information gathering process. The process shall collect information in areas determined to be important to Oregon families and educators to inform the Early Childhood Education and Care Sector. The process will be appropriate for all children, including children with disabilities and multilingual learners. (3) The Department shall work with the Oregon Longitudinal Data Collaborative to include results from the process in the statewide longitudinal data system, as applicable. Statutory/Other Authority: ORS 326.051 & 329.485 Statutes/Other Implemented: ORS 329.485 & 2013 OL Ch. 37 & Sec. 14 (Enrolled HB 4165) History: ODE 12-2023, amend filed 04/06/2023, effective 04/06/2023 ODE 11-2023, amend filed 03/31/2023, effective 03/31/2023 ODE 6-2023, amend filed 03/20/2023, effective 03/20/2023 ODE 12-2021, amend filed 04/21/2021, effective 04/21/2021 ODE 24-2020, temporary amend filed 05/28/2020, effective 05/28/2020 through 11/23/2020 ODE 34-2016, f. & cert. ef. 5-17-16 ODE 8-2013, f. & cert. ef. 4-5-13
581-022-2210 Anabolic Steroids and Performance Enhancing Substances (1) As used in this rule: (a) “Anabolic steroid” includes any drug or hormonal substance chemically or pharmacologically related to testosterone, all prohormones, including dehydroepiandrosterone and all substances listed in the Anabolic Steroid Control Act of 2004. “Anabolic steroid” does not include estrogens, progestins, corticosteroids and mineralocorticoids. (b) “Performance-enhancing substance” means a manufactured product for oral ingestion, intranasal application or inhalation containing compounds that: (A) Contain a stimulant, amino acid, hormone precursor, herb or other botanical or any other substance other than an essential vitamin or mineral; and (B) Are intended to increase athletic performance, promote muscle growth, induce weight loss or increase an individual’s endurance or capacity for exercise. (c) “School district employee” means: (A) An administrator, teacher or other person employed by a school district; (B) A person who volunteers for a school district; and (C) A person who is performing services on behalf of a school district pursuant to a contract. (2) Each school district shall: (a) Utilize evidence-based programs such as the Oregon Health and Science University’s Athletes Training and Learning to Avoid Steroids (ATLAS) and Athletes Targeting Healthy Exercise and Nutrition Alternatives (ATHENA) for the reduction in anabolic steroid and performance-enhancing substance abuse by high school athletes. (b) Ensure school district employees who are coaches or athletic directors receive training once every four years on identifying the components of anabolic steroids abuse and prevention strategies for the use of performance-enhancing substances. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 342.721 & 342.726 History: Renumbered from 581-022-0416 by ODE 16-2017, f. & cert. ef. 7-5-17 ODE 22-2008, f. 8-28-08, cert. ef. 8-29-08
581-022-2225 Emergency Plans and Safety Programs The school district shall maintain a comprehensive safety program for all employees and students which shall: (1) Include plans for responding to emergency situations. (2) Specify general safety and accident prevention procedures with specific instruction for each type of classroom and laboratory. (3) Provide instruction in basic emergency procedures for each laboratory, shop and studio, including identification of common physical, chemical, and electrical hazards. (4) Require necessary safety devices and instruction for their use. (5) Require that an accident prevention in service program for all employees be conducted periodically and documented. (6) Provide assurance that each student has received appropriate safety instruction. (7) Provide for regularly scheduled and documented safety inspections which will assure that facilities and programs are maintained and operated in a manner which protects the safety of all students and employees. (8) Require reports of accidents involving school district property, or involving employees, students or visiting public, as well as prompt investigation of all accidents, application of appropriate corrective measures, and monthly and annual analyses of accident data and trends. (9) In schools operated by the district that are occupied by students, the district must ensure that all students are instructed and have drills on emergency procedures in compliance with ORS 336.071. The emergency procedures shall include drills and instruction on: (a) Fires; (b) Earthquakes, which shall include tsunami drills and instruction in schools in a tsunami hazard zone; and (c) Safety threats including procedures related to lockdown, lockout, shelter in place and evacuation and other appropriate actions to take when there is a threat to safety. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 336.071 History: Renumbered from 581-022-1420 by ODE 16-2017, f. & cert. ef. 7-5-17 ODE 28-2015, f. & cert. ef. 12-22-15 EB 18-1996, f. & cert. ef. 11-1-96
581-022-2260 Records and Reports (1) Required Records and Reports: The school district shall provide all records and reports required by the Oregon Department of Education. (2) Student Activity Funds: The school district shall prescribe the purposes for which student activity funds may be obtained and used and the role of students in management and expenditure of funds. (3) Education Records of Students: The school district shall maintain education records of students according to the provisions of OARs 581-021-0210 through 581-021-0440. (4) ESD Annual Report: Pursuant to the requirements and review schedule as set out in OAR 581-024-0228 and ORS 334.125 (9), all school districts shall cooperate with their education service district in: (a) Annually reviewing specific school district operations for purposes of achieving economies and efficiencies; and (b) Preparing and submitting an annual report concerning the results of the annual review to the State Board of Education. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 334.125(9) History: Renumbered from 581-022-1660 by ODE 16-2017, f. & cert. ef. 7-5-17 ODE 3-1999, f. & cert. ef. 1-12-99 EB 18-1996, f. & cert. ef. 11-1-96
581-022-2263 Physical Education Requirements (1) For purposes of this section, “district” means a school district, education service district, or public charter school. (2)(a) Every public school student in kindergarten through grade five, and every public school student in grade six at a school that teachers kindergarten through grade six, shall participate in physical education for the entire school year for at least 150 minutes during each school week, or at least 120 minutes during each school week if the school on average holds classes four days a week over the course of the school year. (b) Except as provided by paragraph (a) of this subsection, every public school student in grades six through eight shall participate in physical education for at least an average of 150 minutes during each school week, as calculated over the duration of a school year, or at least an average of 120 minutes during each school week, as calculated over the duration of a school year, if the school on average holds classes four days a week over the course of the school year. (c) Notwithstanding the time requirements of paragraphs (a) and (b) of this subsection, districts may reduce physical education minutes by a percentage that correlates to the percentage of minutes that the school did not provide instruction during school weeks when there were: (A) scheduled school closures, including closures for holidays, inservice days and days scheduled for parent-teacher conferences; (B) unscheduled school closures, including closures for inclement weather and emergencies; (C) out-of-school activities that occur during usual school hours, including field trips and outdoor school programs. (d) Notwithstanding the time requirements of paragraphs (a) and (b) of this subsection, if a district receives a waiver pursuant to OAR 581-022-2320 of the requirement to provide a minimum of 900 hours of instructional time annually for kindergarten through grade eight, the time requirements of paragraphs (a) and (b) of this subsection may be reduced by the percentage of the time requirements specified in paragraphs (a) and (b) of this subsection that correlates to the percentage of instructional time for which the district receives the waiver. (3) Districts must comply with the requirements of ORS 329.496. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 329.496 & 2017 OL Ch. 301 Sec. 2 History: ODE 7-2024, amend filed 02/16/2024, effective 02/16/2024 ODE 16-2019, adopt filed 05/17/2019, effective 05/17/2019
581-022-2265 Report on PE Data (1) The following definitions apply to this rule: (a) "Additional facilities" means the added space to the school needed to provide the minimum number of minutes of physical education instruction per week. (b) "Physical capacity" means the space, indoors and out, available at the school to provide the prescribed number of minutes at a class size that promotes effective practices consistent with the outcomes expected of the instructional programs. (2) Districts shall submit to the Department of Education: (a) The number of minutes of physical education instruction that are actually provided to all students in kindergarten through grade 8 in each public school within the district, as calculated on a weekly basis or an average weekly basis as prescribed by ORS 329.496; (b) The physical capacity of public schools to provide students in kindergarten through grade 5 with at least 150 minutes of physical education during each school week and to provide students in grades 6 through 8 with at least an average of 150 minutes during each school week as calculated over the duration of a school year; and (c) The additional facilities required by public schools to provide physical education to students for the minimum number of minutes as described in paragraph (b) of this subsection. (3) Districts shall submit the data described in paragraph (2) of this section: (a) Annually, for data described in paragraph (2)(a) of this section. (b) Whenever a public school increases or decreases the school’s physical capacity to provide students with physical education, for data described in paragraph (2)(b) and (c) of this paragraph. (4) Prior to February 1 of each odd-numbered year, the Department shall report to the Legislative Assembly on the data collected under this rule for the prior two school years. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 329.498 History: ODE 7-2024, amend filed 02/16/2024, effective 02/16/2024 Renumbered from 581-022-1661 by ODE 16-2017, f. & cert. ef. 7-5-17 ODE 42-2014, f. & cert. ef. 12-4-14 ODE 30-2007, f. & cert. ef. 12-12-07
581-022-2267 Annual Report on use of Restraint and Seclusion (1) Each entity that has jurisdiction over a public education program must prepare and submit an annual report detailing the use of restraint and seclusion for the preceding school year to the Oregon Department of Education. The annual report shall include, at a minimum: (a) The total number of incidents involving restraint; (b) The total number of students placed in restraint; (c) The total number of incidents involving seclusion; (d) The total number of students placed in seclusion; (e) The total number of seclusions in a locked room; (f) The total number of seclusion rooms available, including a description of the dimensions and design of the rooms; (g) The total number of incidents that resulted in injuries or death to students or personnel as a result of the use of restraint or seclusion; (h) The number of students who were placed in restraint or seclusion more than 10 times in the course of a school year and an explanation of what steps have been taken by the public education program to decrease the use of restraint and seclusion for each student; (i) The number of incidents in which the personnel of the public education program administering restraint or seclusion were not trained; and (j) The demographic characteristics of all students upon whom restraint or seclusion was imposed, including race, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, unless the demographic information would reveal personally identifiable information about an individual student. (2)(a) Each entity that has jurisdiction over a public education program shall make its annual report about restraint and seclusion available to: (A) The public at the entity's main office and the website of the entity; (B) The school board or governing body overseeing the entity; (C) If the entity is an education service district, the component school districts of the education service district; and (D) If the entity is a public charter school, the sponsor of the public charter school. (b) Parents and guardians of students in a public education program shall be advised at least once each school year about how to access the report. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 339.285 - 339.303 History: ODE 145-2019, adopt filed 10/24/2019, effective 10/24/2019
581-022-2300 Standardization (1) A school district, to be standard, must provide acceptable educational opportunities for all Oregon students who reside in the district regardless of where they live in the district. (2) Local school districts shall cooperate with procedures to verify compliance with state standards, to collect information about schools, to identify exemplary performance, and to promote school improvement. (3) Methods of verifying compliance and identifying practices or conditions needing improvement shall include: (a) Assurances of the district school board designated chief administrative officer; (b) Review of district materials through Department of Education desk audit; (c) On-site review of practices or conditions; and (d) Other methods selected by the Superintendent of Public Instruction. (3) The Superintendent or a designee of the superintendent shall declare a school district as “Nonstandard” as defined in OAR 581-022-0102, after verification through the methods described in section (2) of this rule. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.051 & 327.103 History: Renumbered from 581-022-0807 by ODE 16-2017, f. & cert. ef. 7-5-17 ODE 25-2008, f. & cert. ef. 9-26-08 1EB 3-1985, f. 1-4-85, ef. 1-7-85
581-022-2305 District Assurances of Compliance with Public School Standards (1) Districts must comply with the state standards set forth in OAR chapter 581, division 22. (2) Districts must maintain evidence of compliance with the state standards and make such evidence available upon request. (3) Districts must report compliance for the preceding school year with all state standards set forth in OAR chapter 581, division 22: (a) To the community on or before November 1, by presenting the report to the school board of the district in an oral presentation at an open public meeting, allowing for public comment, and by posting the report on the district’s webpage. Districts must use the report form provided by the Department; and (b) To the Department of Education on or before November 15 on a form to be provided by the Department. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.051 History: ODE 17-2021, amend filed 05/25/2021, effective 05/25/2021 ODE 22-2017, amend filed 11/29/2017, effective 11/30/2017 Renumbered from 581-022-1610 by ODE 16-2017, f. & cert. ef. 7-5-17 ODE 46-2014, f. & cert. ef. 12-17-14 EB 18-1996, f. & cert. ef. 11-1-96
581-022-2310 Equal Education Opportunities (1) Each district school board shall adopt written policies, and the school district shall implement in each school, programs which assure equity, opportunity and access for all students as provided in OAR 581-021-0045 and 581-021-0046. (2) Each district school board shall adopt a policy in accordance with ORS 339.356 prohibiting harassment, intimidation or bullying and prohibiting cyberbullying. School districts are encouraged to develop the policy after consultation with parents and guardians, school employees, volunteers, students, administrators and community representatives. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 659.150 & 339.356 History: Renumbered from 581-022-1140 by ODE 16-2017, f. & cert. ef. 7-5-17 ODE 25-2008, f. & cert. ef. 9-26-08 EB 1-1997, f. & cert. ef. 3-12-97
581-022-2315 Special Education for Children with Disabilities Each school district shall provide an educational program for all resident children with a disability who are eligible under ORS Chapter 343. The program shall be carried out in accordance with all applicable Oregon Administrative Rules. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 343.041 History: Renumbered from 581-022-1340 by ODE 16-2017, f. & cert. ef. 7-5-17 ODE 25-2008, f. & cert. ef. 9-26-08 EB 18-1996, f. & cert. ef. 11-1-96
581-022-2330 Rights of Parents of TAG Students In carrying out the requirements of OAR 581-022-2325 and OAR 581-022-2500, the school district shall: (1) Inform parents at the time of the identification of the child and the programs and services available. (2) Provide an opportunity for the parents to provide input to and discuss with the district the programs and services to be received by their child. (3) The parents may, at any time, request the withdrawal of their child from programs and services provided under OAR 581-022-2330. The school district shall notify parents of identified students of this right. (4) Parents shall be informed of their right to file a complaint under OAR 581-075-0205. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 343.391 - 343.413 History: ODE 48-2024, minor correction filed 10/23/2024, effective 10/23/2024 ODE 11-2019, amend filed 03/25/2019, effective 03/25/2019 ODE 36-2018, minor correction filed 11/14/2018, effective 11/14/2018 Renumbered from 581-022-1320 by ODE 16-2017, f. & cert. ef. 7-5-17 EB 18-1996, f. & cert. ef. 11-1-96
581-022-2335 Daily Class Size A school district shall maintain class sizes and teacher assignments which promote effective practices consistent with the outcomes expected of each instructional program. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.051 History: Renumbered from 581-022-1630 by ODE 16-2017, f. & cert. ef. 7-5-17 ODE 25-2008, f. & cert. ef. 9-26-08 EB 18-1996, f. & cert. ef. 11-1-96
581-022-2340 Media Programs (1) School District Media Services: The school district shall provide a coordinated media program. The district shall: (a) Adopt Program goals for: (A) Media instruction for all grade levels; and (B) Support services. (b) Provide appropriate instructional facilities, materials, equipment, and services which support the school district, program and course goals; (c) Assign responsibilities to certificated media specialists and other personnel for the development, implementation, maintenance, and supervision of media services; (d) Organize media services and materials required for the achievement of district and building media program goals; and (e) Evaluate district and school media programs. (2) School Media Services: The school district shall provide in each school a media program consistent with district, program and course goals which: (a) Provides an organized media center with materials, equipment and services supervised by appropriate certificated personnel; (b) Identifies instructional activities designed to achieve media skills goals; and (c) Includes instruction that addresses the ability of each student to: (A) Locate and retrieve organized print and nonprint media; (B) Use media to record and express ideas and knowledge; and (C) Listen to, view, interpret and analyze media materials. (3) In determining whether the assignment of certificated media and other staff is appropriate, the following shall be considered: (a) The district, program and course goals of the media services program; (b) The number of schools, students and staff to be served; (c) The access students and staff have to media services defined in the media program; (d) The number, certification and training of personnel assigned to media program responsibilities including specialists, teachers and aides; (e) The extent to which staffing patterns vary from general statewide practice; and (f) The extent to which the media program enables students to attain instructional goals. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: ORS 326.051 History: Renumbered from 581-022-1520 by ODE 16-2017, f. & cert. ef. 7-5-17 EB 18-1996, f. & cert. ef. 11-1-96