reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0206 - Powers and Duties

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				334.125, the district board is
				authorized to transact appropriate business and is required to perform certain
				duties.
(1) Every district shall
			 comply with the statutes and rules governing the transaction of public business
			 to include directives on budgeting and expenditures.
(2) Every district shall comply with Board
			 adopted administrative rules and applicable statutes.
(3) The district board shall perform all
			 duties required by law, including but not limited to those identified in ORS
			 334.125(3) as
			 follows:
(a) Distribute school funds as it is
			 empowered to apportion. Distribution shall be done in a timely and accurate
			 manner;
(b) Conduct of audits
			 requiring the district to assist component school districts to meet budgeting,
			 accounting and audit requirements (OAR 581-024-0265), to serve as a public
			 depository for just completed audits and maintain past audit reports for 20
			 years;
(c) Serve as district
			 boundary board as identified in ORS 330.081-330.310 and
			 OAR 581-024-0252;
(d) Prepare an
			 annual operating budget in accordance with the local budget section of Chapter
			 294 of ORS, the local Budget Law, and the chart of accounts contained in the
			 program Budget and Accounting Manual as adopted by the State Board of Education
			 and levy taxes as required or permitted by law.
(e) Contract bonded indebtedness in the
			 manner authorized by statute. Bonds are to be issued pursuant to ORS
			 328.205 to
			 328.295 and other laws
			 applicable to the issuance of bonds; and
(f) Creating a county education bond district
			 under ORS 328.304 from a county within the
			 district
(g) Review periodically
			 with component school districts, their operations, and submit to the component
			 school districts plans that would achieve economies and efficiencies through
			 consolidation of various operations of all or some of the component school
			 districts. The district and its component school districts shall submit an
			 annual report to the Board on the effectiveness of the consolidation of
			 operations.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0208 - Mission, Roles and Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 district shall provide regionalized core services to component school districts
			 as provided in ORS 334.175(2).
			 Services must be approved by the component school district boards and the
			 district board, and be included in the district's Local Service Plan. The goals
			 of these services shall be to: improve student learning, enhance the quality of
			 instruction, provide professional development to component school district
			 employees, provide students equitable access to resources, and maximize
			 operational and fiscal efficiencies for component school districts
			 (334.175(1)(a)-(f))
(2) In
			 accordance with ORS 334.005 the mission and roles of
			 the districts are as follows:
(a) The mission
			 of education service districts is to assist school districts and the Department
			 of Education in achieving Oregon's educational goals by providing equitable,
			 high quality, cost-effective and locally responsive educational services at a
			 regional level.
(b) An education
			 service district plays a key role in:
(A)
			 Ensuring an equitable and excellent education for all children in the
			 state;
(B) Implementing the Oregon
			 Education Act for the 21st Century;
(C) Fostering the attainment of high
			 standards of performance by all students in Oregon's public schools;
			 and
(D) Facilitating
			 inter-organizational coordination and cooperation among educational, social
			 service, health care and employment training agencies.
(c) An education service district's role is
			 one of leadership and service. Education service districts shall maintain the
			 distinction between their role as service organizations and the regulatory role
			 of the Department of Education and other agencies.
(d) To ensure that a district is responsive
			 to its component school districts a Local Service Plan must be developed and
			 adopted by the district board, and approved by component school district boards
			 through the resolution process as provided in ORS
			 334.175(5)(a)(b).
			 The district should consider a variety of flexible service delivery
			 models.
(e) An education service
			 district shall submit an Annual Report to the Department by June 30 of each
			 year on forms provided by the Department. The Annual Report shall be a
			 comprehensive document which includes a Local Service Plan, a Review of
			 Component Districts' Operations and an ESD Self-Appraisal.
(f) An education service district shall
			 remain accountable to:
(A) The public at
			 large;
(B) The component school
			 districts; and
(C) The State Board
			 of Education.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0210 - Administration of the Standardization Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Board of Education by adopting
			 Oregon Administrative Rules establishes standards to determine the adequacy of
			 services and facilities provided by an education service district. In
			 establishing these standards the Board shall consider the most economic method
			 of providing services and facilities, the quality of the services and
			 facilities according to the best educational standards, and the needs of the
			 students.
(2) The standards include
			 rules in division 024 of chapter 581 of Oregon Administrative Rules, Chapter
			 334 of Oregon Revised Statutes, and other applicable rules and statutes to
			 which ESDs are required to comply. The board requires substantial compliance
			 with all applicable state and federal statutes and rules.
(3) The evaluation for compliance shall be
			 conducted through a review of the Local Service Plan/Annual Report. In
			 addition, on-site evaluations of districts may be conducted periodically as
			 determined by the needs or interests of the Department. Evaluation teams named
			 by the Department shall use the Local Service Plan/Annual Report, district
			 records, and results from on-site evaluations in determining the degree to
			 which the standards are met.
(4)
			 The Department shall use rules in division 024 of chapter 581 of Oregon
			 Administrative Rules, other applicable rules and statutes, and the district's
			 Local Service Plan/Annual Report to identify specific areas of an ESD's
			 operation to be evaluated and reported on during an on-site visit. The district
			 will be notified of the areas to be evaluated and the dates of the visit at
			 least 90 days prior to an on-site visit. The district shall prepare exhibits
			 that document its activities related to the areas to be evaluated
(5) The on-site visit will be conducted by a
			 team lead by a Department staff person with additional members from the
			 Department, other districts and component school districts. The size of the
			 team shall be determined by the Department in accordance with the areas to be
			 reviewed and the complexity of the ESD's programs, services and
			 operations.
(6) The team leader
			 shall, within 30 days of the visit, present to the district a draft report of
			 the team's findings. The district's response must be received by the Department
			 not later than 30 days after the district's receipt of the draft
			 report.
Stat. Auth.: ORS
				  334.217
Stats. Implemented: ORS
				  334.125
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0226 - Assessment and Evaluation of Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each district board shall file by June 30
			 of each year with the Superintendent of Public Instruction an annual report to
			 include an adopted Local Service Plan, a Review of Component Districts'
			 Operations report, and an ESD Self-Appraisal report. This annual report,
			 entitled "Local Service Plan/Annual Report" will be used by the Department to
			 assess ESDs' compliance with state standards.
(2) To adequately complete the annual report
			 the district shall have on file information regarding the procedures used in
			 assessing the performance of services provided by the district including:
(a) A listing of services provided by the
			 district with appropriate documentation regarding the results of component
			 school districts' performance assessments.
(b) The budget for funds to be expended from
			 the State School Fund as described in ORS
			 334.177 for each core service
			 category shall be reported in the annual report, and maintained on file at the
			 district.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0228 - Review School District Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 334.125(9) each
			 district board shall adopt a policy and procedure describing how the district
			 shall work cooperatively with component school districts to periodically review
			 their operations.
(2) The results
			 of the review and report shall be summarized and reported to the Board as part
			 of the district's annual report which is to be submitted by June 30 of each
			 year.
(3) Unless specifically
			 waived by the Board, the operations to be reviewed shall be accomplished as
			 follows:
(a) 2008-2009, Accounting, payroll
			 and printing; pupil transportation; legal services, investments and auditing;
			 insurance and student records management. The order of review may be determined
			 by the ESD and the component school districts.
(b) Other operations identified by the state
			 board prior to September 1 of each school year.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0231 - Curriculum Improvement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Districts providing instructional and instructional support services shall do
			 so, subject to available funds, and with the approval of component school
			 district boards and the District board as provided in ORS
			 334.175.
(2) A district's Local Service Plan shall
			 include services that are funded by the State School Fund; and by service
			 contracts or agreements with component and noncomponent school districts, state
			 and federal agencies, and other public and private agencies.
Stat. Auth.: ORS
				  334.125,
				  334.175 &
				  334.185
Stats. Implemented: ORS
				  334.125,
				  334.175 &
				  334.185
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0235 - Special Education Services

Current through Register Vol. 63, No. 7, July 1, 2024
When providing special education services for component school
				districts, each district will work cooperatively with its component school
				districts to:
(1) Demonstrate that it
			 has met state and federal requirements when providing special education and
			 related services to children with disabilities; and
(2) Assist component school districts, to the
			 extent that the district provides these services, to gather, analyze and report
			 individualized testing data, and other information as required by the state or
			 federal governments.
Stat. Auth.: ORS
				  334.125 &
				  334.175
Stats. Implemented: ORS
				  334.125 &
				  334.175
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0240 - Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each district
			 board shall adopt rules, policies and procedures pursuant to ORS
			 334.125, and shall make such
			 information available upon request.
(2) Each district shall complete and forward
			 promptly all reports required by state and federal governments.
(3) Each district shall cause all employees
			 responsible for funds, fees or cash collections to be covered under a district
			 board-approved bond.
Stat. Auth.: ORS
				  334.005,
				  334.125 &
				  334.240
Stats. Implemented: ORS
				  334.125
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0245 - Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each district
			 shall employ staff as needed to provide the services as approved in the
			 district's Local Service Plan, provided for in its annual budget and required
			 in ORS 342.513 to
			 342.985,
			 653.310 to
			 653.340 and
			 659.850.
(2) Each district shall assign:
(a) Licensed personnel in accordance with OAR
			 division 584; and
(b) All personnel
			 in accordance with their position descriptions.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0250 - District Boundary Board

Current through Register Vol. 63, No. 7, July 1, 2024
In fulfilling its statutory responsibility to serve as district
				boundary board, the education service district board shall:
(1) Maintain official minutes recording its
			 actions as district boundary board;
(2) Insure that meetings and minutes of the
			 district boundary board are separate from its actions as district
			 board;
(3) Maintain current records
			 describing the boundaries of the component school districts and their
			 identification numbers consistent with official records of their respective
			 county assessors;
(4) Adopt
			 policies under ORS 330.090(5);
			 and
(5) Adopt procedures for
			 conducting hearings and reporting findings and conclusions in accordance with
			 the requirements of OAR 581-025-0005 through 581-025-0015.
Stat. Auth.: ORS 334
Stats. Implemented: ORS
				  330.090
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0252 - Boundary Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board
			 shall serve as the boundary board for districts. While serving as the boundary
			 board the Board shall determine if a proposed boundary change is feasible and
			 if the matter shall be submitted to the electors of each district. The Board,
			 upon request, shall make available preprinted forms for petition and cause its
			 staff to review and, if appropriate, modify statements of proposed boundary
			 changes as they are to appear on the yet-to-be signed petitions.
(2) The board shall consider a proposed
			 boundary change upon receipt of:
(a) A joint
			 petition from the two proposing districts; or
(b) A petition from each proposing district
			 containing the signatures of at least 500 electors or a number of electors of
			 the district at least equal to five percent of the electors in the district,
			 whichever is less.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0255 - Attendance Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
Each district shall provide attendance supervisors for
				component school districts of less than 1,000 ADM or, upon written request,
				shall grant a component school district permission to supervise their own
				attendance matters.
Stat. Auth.: ORS
				  339.040
Stats. Implemented: ORS
				  339.040
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0257 - Children Instructed by Parent or Private Teacher

Current through Register Vol. 63, No. 7, July 1, 2024
Each district shall perform those duties as identified in OAR
				581-021-0026 through 581-021-0029.
Stat. Auth.: ORS
				  339.005 -
				  339.090
Stats. Implemented: ORS
				  339.035
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0260 - Budgets

Current through Register Vol. 63, No. 7, July 1, 2024
Each district board shall:
(1) Provide evidence that the district budget
			 has been properly developed, adopted and implemented;
(2) Assist component school districts, when
			 requested, to develop annual budgets; and
(3) Maintain a file of district and component
			 school districts' budgets as officially adopted.
Stat. Auth.: ORS
				  334.125 &
				  334.240
Stats. Implemented: ORS
				  334.125 &
				  334.240
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0262 - Budget Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 budget committee of a district shall consist of the voting members of the
			 district board and a number of electors equal to the number of voting members
			 of the district board plus one, who are members, or designees of component
			 district boards.
(2) The district
			 board shall adopt policies assuring equitable representation of the component
			 school districts and which identify the nomination and appointment process.
			 Terms of appointment shall be for three years.
(3) Sections (1) and (2) of this rule are not
			 applicable when the district has a population exceeding 100,000 and is located
			 in a county which has a tax supervising and conservation commission which shall
			 serve as the budget committee. (See ORS
			 294.341.)
Stat. Auth.: ORS
				  334.240
Stats. Implemented: ORS
				  334.240
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0265 - Audits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each district
			 shall insure that an annual audit of component school districts and its own
			 accounts is conducted and shall:
(a) File in
			 the district office a copy of the district's annual audits;
(b) Assist component school districts to meet
			 budgeting, accounting and audit requirements of state agencies; and
(c) Maintain a file of the component school
			 districts' audits.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0270 - State Board Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 district shall assist the Board and Department pursuant to the provisions of
			 ORS 334.005(5)(c),
			 and 334.217(1) in
			 providing state-level services and support of statutes and standards.
(2) When requested by the Department, each
			 district shall verify how it has assisted component school districts to comply
			 with applicable statutes and rules.
(3) Each district shall gather and forward
			 information the Department requires or requests.
(4) Each district shall, within its
			 capabilities, and when requested, provide personnel to assist in Department
			 conduct standardization visits and school improvement services.
Stat. Auth.: ORS
				  334.005 &
				  334.217
Stats. Implemented: ORS
				  334.005 &
				  334.217
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0275 - Facilities, Safety and Emergency Planning

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each district shall operate and maintain
			 an administration office and other physical facilities as necessary to
			 accommodate district services. These facilities must be in compliance with
			 applicable federal and state health and safety regulations.
(2) Each district shall maintain inspection
			 reports showing the district in compliance with all applicable federal and
			 state health and safety regulations.
(3) In facilities operated by the district,
			 each district shall provide for regularly scheduled and documented safety
			 inspections to assure that the facilities and services are operated and
			 maintained in a manner that protects the safety and health of staff and
			 students.
(4) Each district shall
			 develop a Healthy and Safe Facilities Plan for all buildings owned or leased by
			 the district where students and staff are present on a regular basis. The plan
			 must meet the requirements specified in OAR 581-022-2223, and each education
			 service district shall comply with the reporting provisions of that rule.
(5) 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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0280 - Auxiliary Services

Current through Register Vol. 63, No. 7, July 1, 2024
Each district choosing to engage in auxiliary services with
				components or other agencies shall do so consistent with district goals and
				shall document planning and assessment procedures for each such
				service.
Stat. Auth.: ORS
				  334.005,
				  334.125,
				  334.145(3),
				  334.175,
				  334.185 &
				  334.195
Stats. Implemented: ORS
				  334.005,
				  334.125,
				  334.145,
				  334.175,
				  334.185 &
				  334.195
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0290 - Advisors to the Board

Current through Register Vol. 63, No. 7, July 1, 2024
Each district board may appoint nonvoting advisory members to
				the board as the board deems important.
Stat. Auth.: ORS
				  334.025(3)
Stats. Implemented: ORS
				  334.025
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0300 - Advisory Committees

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  334.025(4)
Stats. Implemented: ORS
				  334.025
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 24 - STANDARDS FOR EDUCATION SERVICE DISTRICTS › Section 581-024-0310 - Gifts and Bequests

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  334.215
Stats. Implemented: ORS
				  334.215
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 25 - DISTRICT BOUNDARY BOARD HEARINGS › Section 581-025-0005 - District Boundary Board Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  330.080, ORS
				  330.090(5), ORS
				  330.107 & ORS
				  330.123
Stats. Implemented: ORS
				  330.080, ORS
				  330.090, ORS
				  330.107 & ORS
				  330.125
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 25 - DISTRICT BOUNDARY BOARD HEARINGS › Section 581-025-0010 - Final Decision of District Boundary Board

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  330.080, ORS
				  330.090(5), ORS
				  330.107 & ORS
				  330.123
Stats. Implemented: ORS
				  330.080, ORS
				  330.090, ORS
				  330.107 & ORS
				  330.125
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 25 - DISTRICT BOUNDARY BOARD HEARINGS › Section 581-025-0015 - Submission of Record to the State Board of Education

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  330.080, ORS
				  330.090(5), ORS
				  330.107 & ORS
				  330.123
Stats. Implemented: ORS
				  330.080, ORS
				  330.090, ORS
				  330.107 & ORS
				  330.125
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 25 - DISTRICT BOUNDARY BOARD HEARINGS › Section 581-025-0020 - Procedure for Appeal to the State Board of Education of a District Boundary Board Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 26 - PUBLIC CHARTER SCHOOLS › Section 581-026-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Applicant": An
			 applicant means any person or group that develops and submits a written
			 proposal for a public charter school to a sponsor.
(2) "District School Board": The board of
			 directors of a common school district or a union high school district (ORS
			 332.002(1)).
(3) "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).
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 26 - PUBLIC CHARTER SCHOOLS › Section 581-026-0050 - Public Charter School Proposal Submission and Completeness

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An 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, 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 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 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 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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 26 - PUBLIC CHARTER SCHOOLS › Section 581-026-0055 - Public Charter School Proposal Review and Resubmission

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 60 days
			 after the notification to the applicant of the school district's receipt of a
			 completed proposal or a final order issued by the Superintendent of Public
			 Instruction remanding the proposal to the school district for consideration,
			 the school district board must hold a public hearing on the proposal in
			 accordance with Oregon public meeting laws (ORS
			 192.610 through
			 192.695,
			 192.710, and
			 192.990).
(2) The school district board must evaluate
			 the proposal in good faith using the following criteria:
(a) 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
			 subsection (1) above;
(b)
			 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;
(c) Capability of the applicant, in terms of
			 support and planning, to provide students with comprehensive instructional
			 programs;
(d) Capability of the
			 applicant, in terms of support and planning, to provide academically low
			 achieving students with comprehensive instructional programs;
(e) The adequacy of the information provided
			 as required by ORS 338.45(2) and (3);
(f) 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;
(g) Whether there are arrangements for any
			 special education and related services for children with disabilities pursuant
			 to ORS 338.165;
(h) 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
(i) The prior history,
			 if any, of the applicant in operating a public charter school or in providing
			 educational services.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 26 - PUBLIC CHARTER SCHOOLS › Section 581-026-0060 - Public Charter School Proposal Reconsideration

Current through Register Vol. 63, No. 7, July 1, 2024
Within 60 days of a final order issued by the Superintendent of
				Public Instruction 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 applicants. Such notice must
			 include reasons and suggestions for remediation for all proposals that are
			 denied.
(11) An 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.
Stat. Auth.: ORS
				  338.025
Stats. Implemented: ORS
				  338.055
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 26 - PUBLIC CHARTER SCHOOLS › Section 581-026-0065 - Appeal Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 whose resubmitted proposal to start a public charter school is disapproved
			 following reconsideration may request the State Board of Education review the
			 decision of the school district board within 30 days of the disapproval.
(2) The State Board of Education
			 delegates to the Superintendent of Public Instruction or designee all
			 administrative functions necessary or reasonable in order to conduct review.
			 This delegation to the Superintendent includes, but is not limited to:
(a) Determining the form, contents and
			 timelines of the petition for review;
(b) Determining the records required for
			 review and ordering the production of those records from either the applicant
			 or school district board and establishing timelines for the production of those
			 records;
(c) Requiring the
			 applicant or school district board to respond to written or oral inquiries
			 related to board review; and
(d)
			 Determining at any time during the review process to reject a review request if
			 in the judgment of the Superintendent, the applicant fails to reasonably comply
			 with the administrative review processes of the Superintendent.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 26 - PUBLIC CHARTER SCHOOLS › Section 581-026-0100 - Development and Execution of a Charter

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Board or a school district
			 board that approve a proposal will be considered the sponsor of the public
			 charter school defined in the proposal.
(2) An 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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 26 - PUBLIC CHARTER SCHOOLS › Section 581-026-0110 - Public Charter School Mediation Provided by the State Board of Education

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 school district board and the applicant are unable to agree on a change during
			 the proposal or chartering process, the school district board or the applicant
			 may request mediation by the State Board of Education.
(2) The State Board of Education delegates to
			 the Superintendent of Public Instruction or designee all administrative
			 functions necessary or reasonable in order to conduct mediation. The
			 Superintendent or designee shall follow the procedures and timelines required
			 by this rule. This delegation to the Superintendent or 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, or public charter school governing body and establishing
			 timelines for the production of those records.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 26 - PUBLIC CHARTER SCHOOLS › Section 581-026-0120 - Charter School Development Timelines

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  326.051
Stats. Implemented: Ch. 200, OL 1999 (SB
				  100)
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 26 - PUBLIC CHARTER SCHOOLS › Section 581-026-0125 - Timeline Extensions

Current through Register Vol. 63, No. 7, July 1, 2024
Consistent with ORS
				326.111, the State Board of
				Education delegates to the Superintendent of Public Instruction or the
				Superintendent's designee the authority to grant extensions of timelines. The
				Superintendent or 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.
Stat. Auth.: ORS
				  326.051
Stats. Implemented: ORS
				  326.111
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 26 - PUBLIC CHARTER SCHOOLS › Section 581-026-0130 - Procedure to Waive Certain Provisions of the Charter School Law

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 26 - PUBLIC CHARTER SCHOOLS › Section 581-026-0200 - Financial Management System

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A charter school applicant must include a description of a financial management
			 system within the proposal submitted to the local school district board and 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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 26 - PUBLIC CHARTER SCHOOLS › Section 581-026-0210 - Annual Financial Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) A public charter school required to
			 comply with ORS 338.035(2)(a)(B) and
			 (C) shall have an annual audit of the
			 accounts of the public charter school prepared in accordance with the Municipal
			 Audit Law, ORS 297.405 to
			 297.555 and
			 297.990.
(b) A public charter school that meets the
			 definitions and criteria in ORS
			 338.035(6)(b) (A), (B), (C) and
			 (D), may be treated as the same legal entity
			 as the school district and is not required to submit a separate audit. The
			 public charter school must comply with OAR 581-026-0200 and must be included in
			 the audit of the sponsoring district. The district audit for the public charter
			 school must minimally include:
(A) An audit
			 of all accounts and funds associated with the public charter school;
(B) A summary of significant accounting
			 policies, cash and investments, and internal controls; and
(C) A statement of activities and a balance
			 sheet containing a summary of the assets and liabilities of the public charter
			 school as of the closing date of the preceding annual audit period for the
			 school.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 26 - PUBLIC CHARTER SCHOOLS › Section 581-026-0300 - Virtual Public Charter Schools

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All statutes and rules that apply to
			 public charter schools also apply to virtual public charter schools. In
			 addition, virtual public charter schools must also meet additional statutory
			 requirements found in ORS Chapter 338.
(2) As used in ORS Chapter 338 and the rules
			 of the State Board of Education, "virtual charter school" means a public
			 charter school that provides online courses. An online course is a course in
			 which:
(a) Instruction and content are
			 delivered primarily on a computer using the internet other electronic network
			 or other technology such as CDs or DVDs;
(b) The student and teacher are in different
			 physical locations for a majority of the student's instructional period while
			 participating in the course;
(c)
			 The online instructional activities are integral to the academic program of the
			 school as described in its charter; and
(d) The student is not required to be located
			 at the physical location of a school while participating in the
			 course.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 26 - PUBLIC CHARTER SCHOOLS › Section 581-026-0305 - Virtual Public Charter School Student Enrollment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule:
(a) "Notice" means a written notice that is
			 mailed, faxed, e-mailed or personally delivered by the party required to
			 provide the notice.
(b) "Parent"
			 means parent, legal guardian or person in parental relationship as defined in
			 ORS 339.133.
(c) "Reside in a school district" means the
			 school district in which the student's parent resides.
(d) "School district" means a school district
			 in which more than three percent of the students who reside in the school
			 district are enrolled in one or more virtual public charter schools.
(e) "Student" means a student who seeks to
			 enroll in a virtual public charter school on or after August 2, 2011.
(f) "Virtual public charter school" is as
			 that term is defined in OAR 581-026-0300.