justicedao/ipfs_state_laws huggingface dataset:
581-044-0210 Definitions The following definitions apply to OAR 581-044-0210 to 581-044-0260. (1) “Diverse number of students” refers to a range of school sizes based on student enrollment. (2) “High demand”, as defined by the Oregon Employment Department, means having more than the median number of total (growth plus replacement) openings for statewide or a particular region. (3) “High wage”, as defined by the Oregon Employment Department, is a wage that is more than the all-industry, all-ownership median wage for statewide or a particular region. (4) “Metropolitan County” is a county classified as Metropolitan by the U.S. Office of Management and Budget (OMB). (5) “Reasonable geographic distribution” means that at least one-third of the funded proposals shall serve schools within a Metropolitan County, and at least one-third shall serve schools outside of a Metropolitan County. (6) “The Act” refers to section 7, chapter 683, Oregon Laws 2011 (Enrolled House Bill 3362). (7) “Educational enterprise” means middle school through post-secondary education including apprenticeship training. Statutory/Other Authority: ORS 344.075 Statutes/Other Implemented: ORS 344.075 History: ODE 21-2013, f. & cert. ef. 9-27-13 ODE 11-2012, f. 3-30-12, cert. ef. 4-2-12 ODE 14-2011(Temp), f. & cert. ef. 10-31-11 thru 4-28-12
581-044-0220 Policy A Career and Technical Education Revitalization Grant Program has been established to encourage support for programs of study that are part of a continuum across the educational enterprise. Grants must be used to enhance the collaboration between education providers and employers by: (1) Developing or enhancing career and technical education programs of study. (2) Expanding the professional growth of and career opportunities for students through career and technical education programs. (3) Assessing the ability of each career and technical education program to meet workforce needs and give students the skills required for jobs in Oregon that provide high wages and are in high demand. (4) Supporting the achievement of the Oregon high school diploma requirements. Statutory/Other Authority: ORS 344.075 Statutes/Other Implemented: ORS 344.075 History: ODE 21-2013, f. & cert. ef. 9-27-13 ODE 11-2012, f. 3-30-12, cert. ef. 4-2-12 ODE 14-2011(Temp), f. & cert. ef. 10-31-11 thru 4-28-12
581-044-0230 Eligibility (1) The following shall be the eligible applicant(s) for the Career and Technical Education Revitalization Grant Program: (a) School districts; (b) Education service districts; (c) Public schools; and (d) Public charter schools. (2) A single grant proposal may include more than one eligible applicant and other partners, but the fiscal agent must be one of the eligible applicants identified in subsection (1) of this rule. Statutory/Other Authority: 2011 OL Ch. 683 Sec. 7 Statutes/Other Implemented: 2011 OL Ch. 683 Sec. 7 History: ODE 11-2012, f. 3-30-12, cert. ef. 4-2-12 ODE 14-2011(Temp), f. & cert. ef. 10-31-11 thru 4-28-12
581-044-0240 Criteria for Grant Awards (1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted each biennium for which Career and Technical Education Revitalization Grant funds are available. The Department shall notify eligible applicants of the proposal process and due dates, and make available necessary guidelines and application forms. (2) All proposals must comply with requirements of the Act. Grants shall be awarded based on the following generally applicable criteria: (a) The program shall focus on development and/or enhancement of a program of study in career and technical education; (b) The program supports Oregon high school diploma requirements; (c) There is a clear connection between the proposal and the workforce for the program of study based on high wages and high demand; (d) The program shall serve to increase enrollment in programs of study which provide skills for employment in high-demand careers leading to high wages; (e) The program demonstrates potential to teach a higher-level of academic and technical skills to all students, thereby increasing the knowledge and improving the skills of Oregon's workforce, and meeting established or developing industry standards; (f) The business industry and/or labor communities are actively involved in program development and implementation in a manner that strengthens the development and continued viability of the program of study; (g) There is evidence that the program of study implemented or improved shall be sustained beyond the life of the grant; (h) There are provisions for follow up of students/staff, evaluation of program results, and reporting of program results. (3) Priority shall be given to proposals that meet the minimum criteria and: (a) Support new or expanded CTE programs; (b) Demonstrate long-term viability; (c) Demonstrate commitments from business, industry, labor or education providers to enhance collaboration; (d) Demonstrate a diverse number of students served; (e) Contribute to a reasonable geographic distribution of grant moneys; (f) Create regional collaborations between partners which may include multiple public schools or other partners in a region; and (g) Demonstrate that the collaboration between education providers and employers enhanced by the grant will be sustainable beyond the life of the grant. Statutory/Other Authority: ORS 344.075 Statutes/Other Implemented: ORS 344.075 History: ODE 21-2013, f. & cert. ef. 9-27-13 ODE 11-2012, f. 3-30-12, cert. ef. 4-2-12 ODE 14-2011(Temp), f. & cert. ef. 10-31-11 thru 4-28-12
581-044-0250 Grant Advisory Committee (1) The Oregon Department of Education and the Bureau of Labor and Industries shall jointly convene a Grant Advisory Committee to set goals for the grant program, develop grant criteria, review all grant applications and recommend determinations on those applications. (2) The Grant Advisory Committee must equally have representatives from business, industry, labor, and education providers. The Department and Bureau shall seek recommendations for membership on the committee from: (a) Organizations who represent business, industry and labor; and (b) Education providers including but not limited to the Department of Community Colleges and Workforce Development, community colleges, school districts and other public and private education providers. (3) A member of the Grant Advisory Committee may not review a grant for which they have a declared conflict of interest. (4) The Grant Advisory Committee shall receive training on the purpose of the Career and Technical Education Revitalization Grant program and RFP scoring procedures prior to scoring any proposals. (5) In consultation with the Bureau of Labor and Industries, the Oregon Department of Education may appoint additional grant reviewers for the sole purpose of expediting the grant review process. Statutory/Other Authority: ORS 344.075 Statutes/Other Implemented: ORS 344.075 History: ODE 22-2015, f. & cert. ef. 12-18-15 ODE 21-2013, f. & cert. ef. 9-27-13 ODE 11-2012, f. 3-30-12, cert. ef. 4-2-12 ODE 14-2011(Temp), f. & cert. ef. 10-31-11 thru 4-28-12
581-044-0260 Method of Awarding Competitive Grants (1) Funding awards for Career and Technical Education Revitalization projects shall be approved by the Oregon Department of Education designated project manager, fiscal manager, and the Deputy Superintendent of Public Instruction. (2) The Oregon Department of Education shall design a Request for Proposal (RFP) and scoring sheets that reflect requirements of state law and criteria stated in OAR 581-044-0240. (3) Mailing requirements and deadlines shall be included in the RFP. (4) Each proposal shall be scored by a minimum of two reviewers who are members of the Grant Advisory Committee or have been appointed as a grant reviewer as described in OAR 581-044-0250 section (5). Where possible each proposal shall be scored by at least one reviewer representing business, industry, or labor and one reviewer representing education providers. (5) The Grant Advisory Committee shall make recommendations for funding based on the review of proposals and the intent of the Act. (6) In the event that there are insufficient proposals that meet the requirements of the Act and ensure a reasonable geographic distribution, the Grant Advisory Committee may recommend an alternative approach to determining reasonable geographic distribution. (7) The Oregon Department of Education shall notify both successful and unsuccessful applicants. Both successful and unsuccessful applicants shall be allowed access to a summary of comments and suggestions related to their proposals. (8) Applicants shall have one week from the date of the notification letter to appeal the funding decision related to their application to the Deputy Superintendent of Public Instruction. Decisions made by the Deputy Superintendent are final. (9) Grant recipients may request minor changes in funded proposals from the Department of Education. Requests for changes and approved changes shall be kept as part of the grant file. Statutory/Other Authority: ORS 344.075 Statutes/Other Implemented: ORS 344.075 History: ODE 21-2013, f. & cert. ef. 9-27-13 ODE 11-2012, f. 3-30-12, cert. ef. 4-2-12 ODE 14-2011(Temp), f. & cert. ef. 10-31-11 thru 4-28-12
581-051-0100 School Nutrition Programs (1) Authority and direction for the operation of school nutrition programs in Oregon shall be derived from the United States Department of Agriculture, the Oregon Revised Statutes, Oregon Administrative Rules and rules of district school boards. (2) Claims for reimbursement by schools participating in the USDA School Nutrition Programs shall be submitted in a form and manner designated by the Oregon Department of Education. (3) Food sold in competition with the School Breakfast Program or National School Lunch program shall not be allowed during the breakfast and/or lunch periods unless the funds accrue to the nonprofit food service program, the school or student organizations as may be defined by the district school board. (a) The sale of items from the USDA Categories of Foods of Minimal Nutritional Value 7 CFR 210. Appendix B during the breakfast and/or lunch periods in the food service area is prohibited. However, if approved by the school district board, foods of minimal nutritional value may be sold outside the food service area during the breakfast and/or lunch periods. (A) “Foodservice Area” means any area on school premises where NSLP and SBP meals are both served and eaten. Areas where students eat NSLP and SBP meals that are completely separate from the serving area are also part of the foodservice area. (B) Financial penalties to the school food service program resulting from FMNV being served during meal time in the food service area by school policy or practice will be repaid to the program from the general fund. (b) A copy of the Board action of approval must be filed with the School Nutrition Programs Section, Oregon Department of Education. Statutory/Other Authority: ORS 326 & 327 & 7 CFR 210 Statutes/Other Implemented: ORS 327.137 History: ODE 10-2021, amend filed 04/16/2021, effective 04/16/2021 ODE 17-2004, f. & cert. ef. 8-10-04 1EB 2-1986, f. 1-7-86, ef. 1-8-86
581-051-0306 Food Safety Inspection Requirements (1) Sponsors must have at least two Food Safety Inspections for every kitchen and meal-serving site in their foodservice operation each school year. (2) Vended Meal Sponsors must have at least two Food Safety Inspections for the receiving and sending food preparation and serving meal sites each school year. (3) Competitive Food Sales vendors may be subject to a Food Safety Inspection every school year as determined by the state or local public health authority. (4) The Food Safety Inspection standards are set forth in the School Food Safety Inspection Requirements, which shall be known as the Food Code for Public School Sponsors, Private School Sponsors and Residential Child Care Institution Sponsors of the USDA, NSLP and SBP are adopted by reference. The complete Food Code is available through Oregon Department of Education, Child Nutrition Program. (5) The Sponsor "Person in Charge" requirements for Responsibility, Knowledge and Duties as stated in the School Food Safety Inspection Requirements will be effective July 1, 2003. (6) The Competitive Food Sales vendor "Person in Charge" requirements for Responsibility, Knowledge and Duties as stated in the School Food Safety Inspection Requirements will be effective July 1, 2003. (7) New Sponsors must have a Food Safety Inspection conducted by the state or local public health authority and must meet school food safety inspection requirements before starting the NSLP and SBP. Statutory/Other Authority: ORS 326.051 Statutes/Other Implemented: 7 CFR210 & 7 CFR220.7 History: ODE 20-2013, f. & cert. ef. 8-28-13 ODE 3-2011, f. 1-31-11, cert. ef. 2-1-11 ODE 15-2002, f. & cert. ef. 6-10-02 ODE 5-2002(Temp), f. & cert. ef. 2-1-02 thru 6-30-02
581-051-0310 Food Safety Inspection Procedures (1) Sponsors are required to contact their state or local public health authority for Food Safety Inspections every school year. (2) Competitive Food Sales vendors are required to contact their state or local public health authority to determine if they need a Food Safety Inspection every school year. (3) Sponsors are responsible for the cost of the Food Safety Inspection and re-inspection(s), if applicable, for every kitchen and meal-serving site under their jurisdiction. (4) Competitive Food Sales vendors are responsible for the cost of the Food Safety Inspection, if required by the state or local public health authority, and re-inspection(s), if applicable, for every Competitive Food Sales site under their jurisdiction. (5) Sponsor Food Safety Inspections must be conducted during meal service operations. (6) Competitive Food Sales vendor Food Safety Inspections must be conducted during business operations. (7) The Sponsor Food Safety Inspection document of findings will be provided to the foodservice representative, site administrator, and Superintendent or Director, at the completion of each Food Safety Inspection by the state or local public health authority. (8) The Competitive Food Sales vendor Food Safety Inspection document of findings will be provided to the vendor representative, Sponsor foodservice representative, Sponsor site administrator, and Sponsor Superintendent or Director, at the completion of each Competitive Food Sales Safety Inspection by the state or local public health authority. (9) If the Sponsor Food Safety Inspection Critical Violation(s) are not corrected, or an alternative plan approved by the state or local public health authority is not implemented by the Sponsor, a Notice of Non-Compliance will be issued to the foodservice representative, site administrator, Superintendent or Director, and ODE CNP by the state or local public health authority. Effective July 1, 2003, Sponsor meal reimbursements may be withheld if the Sponsor receives the Notice of Non-Compliance. When the Notice of Non-Compliance is corrected, Sponsor reimbursement payments will be released. (10) If Competitive Food Sales vendor Food Safety Inspection Critical Violation(s) are not corrected or an alternative plan approved by the state or local public health authority is not implemented by the Competitive Food Sales vendor, a Notice of Non-Compliance will be issued to the vendor representative, Sponsor foodservice representative, Sponsor site administrator, and Sponsor Superintendent or Director. (11) The Food Safety Inspection Annual Report will be provided to ODE CNP by June 30 of each year. Statutory/Other Authority: ORS 326 Statutes/Other Implemented: 7 CFR210 & 7 CFR220.7 History: ODE 15-2002, f. & cert. ef. 6-10-02 ODE 5-2002(Temp), f. & cert. ef. 2-1-02 thru 6-30-02 EB 2-1996, f. & cert. ef. 1-29-96 EB 15-1987, f. & ef. 7-30-87
581-051-0350 Use of Polystyrene: Definitions The following definitions apply to OAR 581-051-0350 to OAR 581-051-0365. (1) “Department” means the Oregon Department of Education. (2) "Financial hardship" means a situation unique to the school district that would cause significant economic hardship to that district. (3) “Polystyrene foam” means and includes expanded polystyrene which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). (4) “Prepared foods and beverages” mean any food or beverage prepared for service using any cooking or food preparation technique. This does not include any raw foods unless those foods are ready to eat products. (5) “Products” mean food and beverage service containers designed for single use including: hot and cold beverage cups, bowls, cartons, hinged "clamshell" containers, cups, lids, plates, trays, or any other product designed or used to temporarily store or transport prepared foods or beverages. (6) “Recyclable material” has the same meaning as defined in ORS 459.005. (7) “Recycling” has the same meaning as defined in ORS 459.005. (8) “Reuse” has the same meaning as defined in ORS 459.005. (9) “School district” has the same meaning as defined in ORS 330.005. Statutory/Other Authority: ORS 336.445 Statutes/Other Implemented: ORS 336.445 History: ODE 22-2021, adopt filed 06/22/2021, effective 06/22/2021
581-051-0355 Use of Polystyrene: Prohibited Use Beginning in the 2021-2022 school year, all school districts that provide breakfast or lunch are prohibited from providing prepared foods and beverages in products made from polystyrene on school campuses except as provided in OAR 581-051-0360. Statutory/Other Authority: ORS 336.445 Statutes/Other Implemented: ORS 336.445 History: ODE 22-2021, adopt filed 06/22/2021, effective 06/22/2021
581-051-0360 Use of Polystyrene: Exemptions and Waivers The following are acceptable exemptions and waivers to the prohibited use of polystyrene: (1) Recycling: If a district has developed a method for recycling polystyrene products, then the use is authorized. (2) Previously Purchased Products and Contracts: (a) If there are polystyrene products remaining in stock that were purchased prior to the 2021-2022 school year, the use is authorized until they are exhausted. (b) If the district has contracted for the use of polystyrene products prior to the 2021-2022 school year, and cannot substitute polystyrene products for non-polystyrene products, the use is authorized through the end of the contract period. (3) Financial Hardship Waiver Applications: (a) Upon showing by a school district that the conditions of this rule would cause undue financial hardship, the Department may defer the prohibitions of this rule. (b) If a school district is approved, the waiver is effective as of the date of application. (c) School districts must: (i) Apply for a waiver in the form and manner designated by the Department. (ii) Include all information necessary for the Department to make its decision, including but not limited to, documentation showing the factual support for the claimed waiver. (iii) Provide to the Department any additional requested information related to the waiver. (d) The Department must publish each year: (i) Instructions for the waiver applications process, and (ii) A list of school districts approved for waivers. Statutory/Other Authority: ORS 336.445 Statutes/Other Implemented: ORS 336.445 History: ODE 22-2021, adopt filed 06/22/2021, effective 06/22/2021
581-051-0365 Use of Polystyrene: Violations Any district found by the Department to have violated rule 581-051-0355 must: (1) Be provided technical assistance by the Department, and (2) Submit a corrective action plan to the Department. Statutory/Other Authority: ORS 336.445 Statutes/Other Implemented: ORS 336.445 History: ODE 22-2021, adopt filed 06/22/2021, effective 06/22/2021
581-051-0400 Breakfast Programs This rule outlines the criteria for a waiver from the breakfast program: (1) As used in this rule: (a) "Site" means the school where the children participating in the United States Department of Agriculture (USDA) lunch program are enrolled; (b) "Lunch" means USDA reimbursable lunch; (c) "Breakfast" means USDA reimbursable breakfast. (2) A school district may apply to the State Board of Education for a waiver from providing a breakfast program for all or for individual sites if it is financially unable to implement or maintain a breakfast program. (3) A request to the State Board of Education for a waiver shall be made by the local school superintendent or designee and contain at least the following: (a) A projected revenue and expense statement for one year for the breakfast program including descriptions of each line item; (b) Copy of one month's menus; (c) Copy of the staffing pattern for the breakfast program; (d) Projected breakfast participation levels and the percentage of those qualifying for free, reduced-price and paid meals; (e) Number of students currently approved for free and reduced price for the National School Lunch Program; (f) Anticipated breakfast charges for paid and reduced-price meals; (g) A statement explaining why the school district is financially unable to provide the breakfast program. (h) Copy of class schedule for each site included in the waiver request. (4) For each request received, the State Superintendent shall make a recommendation to the State Board of Education based on the data submitted by the requesting district. (5) Waiver requests are evaluated by Oregon Department of Education Child Nutrition staff to assist the State Superintendent in making a recommendation. Evaluation may include an on-site visit. (6) The State Board of Education, upon review of the Superintendent's recommendations and data submitted by requesting districts, may grant a waiver for a period not to exceed two years, after which the district may submit a request for an extension of the waiver for an additional year. Statutory/Other Authority: OL 1991 & Ch. 500 Statutes/Other Implemented: ORS 327.535 History: ODE 18-2004, f. & cert. ef. 8-10-04 EB 13-1992, f. & cert. ef. 4-7-92
581-051-0500 Purpose of Rules These rules are adopted to assist National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, Summer Food Service Program, and USDA Donated Food Program Organizations in the development of contracts for Food Service Management Companies. Statutory/Other Authority: ORS 326.051, 7 CFR 210.21, 7 CFR 210.16, 7 CFR 220.16, 7 CFR 220.7(d), 7 CFR 226.22, 7 CFR 226.21, 7 CFR 225.17, 7 CFR 225.15(m), 7 CFR 250.53 & 2 CFR 200 History: ODE 20-2022, amend filed 04/26/2022, effective 04/26/2022 ODE 19-2004, f. & cert. ef. 8-10-04 ODE 6-1999, f. & cert. ef. 1-12-99
581-051-0520 Scope of Rules These rules apply to the solicitation, award, renewal, and execution of contracts between Sponsors and FSMCs within this State. Statutory/Other Authority: ORS 326.051, 7 CFR 210.21, 7 CFR 210.16, 7 CFR 220.16, 7 CFR 220.7(d), 7 CFR 225.17, 7 CFR 225.15(m), 7 CFR 226.22, 7 CFR 226.21, 7 CFR 250.53 & 2 CFR 200 subpart D History: ODE 20-2022, amend filed 04/26/2022, effective 04/26/2022 ODE 21-2004, f. & cert. ef. 8-10-04 ODE 6-1999, f. & cert. ef. 1-12-99