reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 49 - STANDARDS FOR THE ACCREDITATION OF EMERGENCY MEDICAL TECHNOLOGY EDUCATION AND TRAINING PROGRAM › Section 581-049-0030 - Process of Accreditation

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the accreditation process is to assure quality
				Emergency Medical Technology Educational programs and to provide recognition
				for those programs which meet or exceed the minimum standards as outlined in
				these rules. The accreditation process shall consist of two components, an
				internal self-study conducted by the teaching institution, and an external
				evaluation conducted by an accreditation team:
(1) Self-Study: The teaching institution
			 shall complete an internal review of the EMT program that will result in a
			 self-study which documents that the program meets the minimum requirements as
			 outlined in these rules. The self-study will be sent to the OPTE at least 30
			 days prior to the date set for the external team visit. Guidelines for
			 preparing the self-study can be obtained from the OPTE-OCCS.
(2) External Evaluation Review Team: The
			 review team shall consist of at least three people, an OPTE-OCCS assigned
			 coordinator, and EMT 4 who has had active field patient care experience and is
			 knowledgeable regarding educational needs and issues related to EMT training,
			 and an education curriculum person designated by the OPTE-OCCS. The team will:
(a) Review the self-study completed by the
			 institution prior to the site visit;
(b) Participate in a site visit where the
			 team will confirm that the information in the self-study is accurate and meets
			 the minimum requirements set forth in these rules; and
(c) Report to the associate superintendent,
			 OPTE-OCCS, the team findings, specifically identifying strengths, weaknesses,
			 and any deficiencies of the program. The associate superintendent shall send a
			 copy of the report, along with a letter of accreditation status, to the chief
			 administrative officer of the institution in which the program is located. A
			 copy of the letter and report also will be sent to OHD-EMS.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 49 - STANDARDS FOR THE ACCREDITATION OF EMERGENCY MEDICAL TECHNOLOGY EDUCATION AND TRAINING PROGRAM › Section 581-049-0040 - Deficiencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If deficiencies
			 are reported by the External Evaluation Review Team, the program has 90 days
			 from the date the report was received by the chief administrative officer to
			 correct the deficiencies. The institution shall not start any new courses until
			 the deficiencies are corrected or a detailed plan to correct each deficiency
			 has been submitted reviewed and accepted by OPTE/OCCS.
(2) If the chief administrative officer
			 disputes the reported deficiencies, he or she may request, within ten days from
			 the date the report was received, a hearing which shall be held in accordance
			 with ORS Chapter 183 effective January 1, 1995.
(3) If deficiencies are not corrected within
			 90 days or an approved plan to correct the deficiency(s) has not been submitted
			 to OPTE/OCCS, the program accreditation shall be revoked after a hearing held
			 in accordance with ORS Chapter 183 effective January 1, 1995.
(4) The associate superintendent may issue an
			 interim order prohibiting the teaching institution from starting any new
			 classes or accepting any new students until either the deficiencies are
			 corrected or a hearings officer determines that the alleged deficiencies did
			 not occur.
Stat. Auth.: ORS
				  326.051
Stats. Implemented: ORS
				  823.130 - ORS
				  823.150
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0100 - School Nutrition Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0120 - Applicability of Appeals Procedure and Administrative Procedures Act

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The appeal
			 procedures required by this rule and OAR 581-051-0125 apply to appeals of
			 Department of Education decisions within the Child and Adult Care Food Program
			 regarding:
(a) A denial of a new or renewing
			 application for participation;
(b)
			 A denial of an application submitted by a sponsoring organization on behalf of
			 a facility;
(c) The proposed
			 termination of an institution's agreement;
(d) A notice of proposed disqualification of
			 a responsible principal or individual;
(e) The suspension of an institution's
			 participation;
(f) A denial of an
			 institution's application for start-up or expansion payments;
(g) A denial of a request for an advance
			 payment;
(h) The recovery of an
			 advance payment in excess of the amount claimed for the relevant period;
(i) A denial of all or a part of
			 an institution's claim for reimbursement;
(j) A decision by the State agency not to
			 forward to FNS an exception request for payment of a late claim, or a request
			 for an upward adjustment to a claim;
(k) A demand for the remittance of an
			 overpayment; and
(l) Any other
			 action of the State agency affecting an institution's participation or its
			 claim for reimbursement.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0125 - Notice and Appeal Procedure for Agency Decisions regarding Child and Adult Care Food Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) The Oregon Department of Education shall
			 notify the institution's executive director and chairperson of the board of
			 directors, and the responsible principals and responsible individuals
			 (Appellants) in writing of the grounds upon which the Department based its
			 action. The notice must also state the procedures for requesting an appeal of
			 the action.
(b) Notice means a
			 letter sent by certified mail, return receipt (or the equivalent private
			 delivery service), by facsimile, or by email, that describes an action proposed
			 or taken by the Department or FNS with regard to an institution's Program
			 reimbursement or participation.
(c) The notice is considered to be received
			 by the institution or day care home when it is delivered, sent by facsimile, or
			 sent by email. If the notice is undeliverable, it is considered to be received
			 by the institution, responsible principal or responsible individual, or day
			 care home five days after being sent to the addressee's last known mailing
			 address, facsimile number, or email address.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0306 - Food Safety Inspection Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  326.051
Stats. Implemented: 7 CFR210 &
				  7
				  CFR220.7
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0310 - Food Safety Inspection Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 326
Stats. Implemented: 7 CFR210 &
				  7
				  CFR220.7
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0350 - Use of Polystyrene: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0355 - Use of Polystyrene: Prohibited Use

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0360 - Use of Polystyrene: Exemptions and Waivers

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0365 - Use of Polystyrene: Violations

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0400 - Breakfast Programs

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0500 - Purpose of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0510 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to the Rules 581-051-0500 to
				581-051-0590.
(1) "Competitive
			 Negotiation" means a method of procurement whereby proposals are solicited from
			 a number of sources, proposals are evaluated according to published criteria,
			 and negotiations are conducted with one or more of the proposers.
(2) "Contract" means an agreement in writing,
			 including the Sponsor's solicitation document and the accepted portions of the
			 proposal, between a Sponsor and a Food Service Management Company, describing
			 the work to be done and the obligations of the parties.
(3) "Department" means the Department of
			 Education.
(4) "Sponsor" means any
			 Oregon school district and any school, of high school grade or under,
			 recognized as part of the educational system of this state and operating under
			 private nonprofit or public ownership, in a single building or campus; and
			 public or licensed private nonprofit residential child care facility; or any
			 other entity meeting the definition of "school food authority" under 7 CFR
			 Section 210 et seq., Section 220 et seq., Section 225 et seq., and Section 226
			 et seq.
(5) "Food Service
			 Management Company" means a commercial enterprise or nonprofit association that
			 contracts or proposes to contract with a Sponsor to manage any aspect of school
			 food service. FSMC may contract or propose to contract with Sponsors
			 participating in the Child and Adult Care for meals only.
(6) "Food Service Management Services" means
			 management of any aspect of food service.
(7) "Federal Policy" means any directive
			 adopted and published by the United States Department of Agriculture which
			 regulates or interprets regulations, or which recommends procedures or
			 standards for implementation, of Child Nutrition Programs. Federal policy
			 specifically includes, but is not limited to, the publications "Contracting
			 with Food Service Management Companies: Guidance for School Food Authorities,"
			 June 1995, and "Contracting with Food Service Management Companies: Guidance
			 for State Agencies," June 1995, and any amendments and revisions to said
			 publications.
(8) "Meal Equivalency
			 Ratio" means the number of dollars in non-reimbursable food sales per
			 equivalent pattern meal. It is a component of payment structure in many FSMC
			 contracts. Where contracts provide for payment of a fee based on the number of
			 meals and allow service of foods other than reimbursable pattern meals (such as
			 a la carte food sales, catered food sales, and other similar food sales), the
			 contract shall provide that sales of food other than reimbursable pattern meals
			 be converted into an equivalent number of reimbursable meals.
(a) The ratio is based on National School
			 Lunch Program meals.
(b) The value
			 of a reimbursable meal is the current free reimbursement rate plus the per meal
			 commodity rate.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0520 - Scope of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0530 - Responsibilities of the Oregon Department of Education

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon Department of Education shall
			 receive and disburse federal funds made available by acts of Congress for the
			 assistance of public and private nonprofit organizations, including Districts,
			 as defined herein, in providing food services to children and adults according
			 to the provisions of the National School Lunch Program, School Breakfast
			 Program, Special Milk Program, Child and Adult Care Food Program and Summer
			 Food Service Program.
(2) The
			 Department shall not disburse funds to any Sponsor if it finds that such
			 Sponsor is substantially in violation of any provision of these rules or of the
			 Richard B. Russell National School Lunch Act,
			 42 U.S.C. Sec.
			 1751 as amended or Child Nutrition Act of
			 1966, 42 U.S.C. Sec.
			 1771 as amended. Upon determining that a
			 Sponsor is substantially in violation, the Department shall promptly notify the
			 Sponsors and its retained FSMC, if any, in writing of the determination to
			 withhold funds. The sponsor shall recover funds withheld only after the defect
			 is corrected. The Sponsor shall also have the right to appeal the determination
			 in accordance with the Contested Case Procedures promulgated by the Oregon
			 State Attorney General.
(3) The
			 Department shall annually review all contract documents between Sponsors and
			 FSMCs for conformity to these rules. The Department shall publish a Request for
			 Proposal (RFP) and contract outlining the required general form and language of
			 contract between Sponsors and FSMCs. The use of the department developed RFP
			 and contract, which is attached here to and by this reference incorporated in
			 these rules, by the Sponsor to secure services from an FSMC is
			 mandatory.
(4) The Department shall
			 conduct administrative and nutrition reviews of contracting Sponsors at least
			 once every five years. Such reviews will include an assessment of the Sponsor's
			 compliance with
			 7 CFR
			 210.16.
(5) Upon request, the Department may provide
			 technical assistance to Sponsors related to the National School Lunch Program,
			 School Breakfast Program, Child and Adult Care Food Program, or Summer Food
			 Service Program. Such assistance may include, but is not limited to:
(a) Development of a 21-day cycle menu with
			 food item specifications;
(b)
			 Nutrition monitoring and advising;
(c) Audit of fiscal and other
			 records;
(d) Training of Sponsor
			 Staff;
(e) Coordination with FSMCs;
			 and
(f) Arbitration of disputes
			 over interpretation of a Contract.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0550 - Contracts Authorized

Current through Register Vol. 63, No. 7, July 1, 2024
No Sponsor shall execute a contract or otherwise agree,
				formally or informally, to purchase food service management services except
				when all of the following conditions are fulfilled:
(1) The contract is in compliance with all
			 applicable laws, rules and regulations, including but not limited to guidelines
			 promulgated and published by the United States Department of Agriculture
			 pursuant to the National School Lunch Program, School Breakfast Program, Child
			 and Adult Care Food Program, or Summer Food Service Program;
(a) The agreement for Food Service Management
			 Services is made in writing, contains all terms required by OAR 581-051-0580
			 herein;
(b) The FSMC has been
			 selected after a procurement process that conforms to the requirements of OAR
			 581-015-0570 herein;
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0555 - Contract Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
The sponsor shall renew its contract with FSMC only if all of
				the following conditions are satisfied:
(1) The original contract allows for annual
			 renewal and the total contract term does not exceed five years, original
			 contract year plus four additional renewal years;
(2) The Sponsor consents to the renewal by
			 action of the board;
(3) There is
			 no change in financial terms, unless so designated in the original agreement.
			 Contracts may not allow for an unlimited or discretionary change to the meal
			 fee at renewal. Contracts may allow for an annual change to the meal fee not to
			 exceed Consumer Price Index for All Urban Consumer Food Away from Home for the
			 12 months ending in March.
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
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0560 - Responsibilities of Sponsors

Current through Register Vol. 63, No. 7, July 1, 2024
Every Sponsor shall:
(1) Hire or retain a FSMC only in accordance
			 with these rules and with federal policy.
(2) Includes in its request for proposals the
			 21-day cycle menu with food specifications.
(3) Ensure that food provided by FSMCs is
			 consistent with the 21-day cycle menu, meet food specifications and of good
			 quality; changes to the 21-day cycle menu may be made after 21 days of
			 implementation, upon mutual agreement of the sponsor and the FSMC;
(4) Monitor the operation and performance of
			 the FSMC to ensure that the FSMC complies with the contract, with these rules
			 and with federal policy. The Sponsor shall maintain records of same, and
			 provide such records to the Department upon request;
(5) Coordinate, monitor, review and control
			 food service operations, and perform the responsibilities that must be retained
			 by Sponsors under federal policy, including but not limited to:
(a) National School Lunch Program, School
			 Breakfast Program, Special Milk Program;
(b) Signature authority of state agency -
			 sponsor agreement;
(c) Activities
			 contained in the free and reduced price policy statement;
(d) Claiming;
(e) Use of nonprofit food service account
			 revenues only for allowable costs;
(f) Ensure full utilization of federally
			 donated foods for the benefit of the school food service program;
(g) Annual food safety inspections;
(h) Establishing an advisory board composed
			 of parents, teachers and students to assist in menu writing three times a year;
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0565 - Responsibilities of Food Service Management Companies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A FSMC shall sign and perform its duties
			 under a contract for food service management services in accordance with these
			 rules and federal policy.
(2) The
			 FSMC shall serve meals substantially as described in the sponsor's 21-day cycle
			 menu, and which shall not be of lesser quality, appeal, or nutritional value
			 than as described in the 21-day cycle menu.
(3) The FSMC shall maintain complete business
			 and financial records of the food service operations and shall make them
			 available upon request to the Department or its authorized designee.
(4) The FSMC shall refrain from performing
			 any function under USDA regulations and procedures, which is the non-delegable
			 responsibility of a School Food Authority.
(5) The FSMC shall seek reimbursement of food
			 costs and administrative expenses only as follows:
(a) Food costs must be 100 percent of actual
			 and reasonable costs paid to independent third parties who negotiate with the
			 FSMC at arms' length. If food is manufactured or provided by the FSMC itself,
			 the FSMC must independently demonstrate to the satisfaction of the Sponsor and
			 of the Department that such costs are not above market. If the FSMC receives
			 from third parties any rebate or discount against commodity or purchased food
			 costs which have been charged to the Sponsor, such rebates and discounts must
			 be refunded to the Sponsor; and
(b)
			 Reimbursable administrative expenses must be actual and reasonable and must
			 relate solely to administration of the food service management at the
			 particular Sponsor served and not to Sponsors or customers of the FSMC in
			 general.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0570 - Procurement Procedures Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Sponsors shall procure food service management services in accordance with the
			 requirements of these rules, as well as with 2 CFR 200 subpart D,
			 7 CFR
			 210.21,
			 7 CFR
			 220.16,
			 7 CFR
			 226.22,
			 7 CFR
			 225.17,
			 7 CFR
			 250.31 and other applicable contracting laws.
			 Each sponsor shall also comply with such public contracting rules and
			 regulations as it may have adopted, or if a sponsor has adopted no public
			 contracting rules and regulations as it may have adopted, or if a sponsor has
			 adopted no public contracting rules and regulations, the sponsor shall comply
			 with the Oregon Attorney General's Model Public Contract Rules, OAR
			 137-047-0000 et seq.
(2) Sponsors
			 shall conduct procurement for food service management services in a manner as
			 to maximize free and open competition by issuance of Requests for Proposals.
(a) The Request for Proposal shall:
(i) Specify the scope of work
			 required;
(ii) Specify the criteria
			 which will be used to evaluate proposals, and the relative importance of each
			 criterion; and
(iii) Specify the
			 manner in which proposals will be evaluated.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0590 - Meal Quality

Current through Register Vol. 63, No. 7, July 1, 2024
The nutrition standards of
Section 210.10,
				210.10a
,
220.8a
,
225.16
, and
226.20
of
Title 7
,
Code of Federal
				Regulations
shall apply to all programs under these
				rules.
Stat. Auth.: ORS
				  326.051,
				  7 CFR
				  210.21 & 7 CFR part 3015
Stats. Implemented: Federal
				  Regulations
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0600 - Breakfast After the Bell Requirement and Exemption Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 section:
(a) "Breakfast" means a reimbursable
			 breakfast provided through the federal School Breakfast Program.
(b) "Eligible student" means a student who is
			 eligible for free or reduced price meals under the United States Department of
			 Agriculture's guidelines.
(c)
			 "School district" means an Oregon common school district, joint school
			 district, union high school district, education service district, or public
			 charter school.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0605 - Breakfast After the Bell Equipment Grant

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this section:
(a) "Administrative costs" means all
			 customary and routine expenses incurred by a school district for the conduct of
			 program administration. The term includes, but is not limited to, procurement,
			 payroll processing, personnel functions, management, maintenance and operation
			 of space and property, data processing and computer services, accounting,
			 budgeting, auditing, indirect costs, and organizational planning, consultation,
			 coordination, and training.
(b)
			 "Breakfast after the Bell" means a reimbursable breakfast that is provided
			 through the federal School Breakfast Program and offered by a school district
			 to students after the beginning of the school day. The term includes, but is
			 not limited to, breakfasts served to students for consumption during homeroom
			 or first period, easy-to-eat breakfast foods made available for students to
			 take and eat sometime during the morning, or a second breakfast service
			 available to those students who either didn't arrive at school in time for the
			 first breakfast service or weren't hungry earlier in the day.
(c) "Eligible student" means a student who is
			 eligible for free or reduced price lunches under the United States Department
			 of Agriculture's guidelines.
(d)
(A) "Equipment" means tangible personal
			 property having a useful life of more than one year that is necessary and
			 required to provide breakfast after the beginning of the school day. The term
			 includes, but is not limited to, rolling coolers, insulated food carriers,
			 ovens, laptops, kitchen utensils, or portable kiosks.
(B) "Equipment" does not include meal
			 management software systems or cleaning products.
(e) "School district" means an Oregon common
			 school district, joint school district, union high school district, education
			 service district, or public charter school.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0610 - Community Eligibility Provision Incentive Reimbursement Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 section:
(a) "Breakfast" means a reimbursable
			 breakfast that is provided through the federal School Breakfast
			 Program.
(b) "Community Eligibility
			 Provision" refers to the alternative reimbursement option administered by the
			 United States Department of Agriculture for schools and school districts in
			 high-poverty areas through which participating schools or school districts
			 agree to provide breakfasts and lunches at no charge to all students in
			 exchange for receiving federal meal reimbursements based on the schools' or
			 districts' identified student percentage.
(c) "Eligible school or district" means a
			 school, a group of schools, or a school district that:
(A) Effective beginning School Year 2024-2025
			 and thereafter, meets all federal regulations and requirements for
			 participating in the Community Eligibility Provision per
			 7 CFR
			 245.9(f);
(B) Participates in both the federal National
			 School Lunch and School Breakfast Programs; and
(C) Complies with the regulations and
			 procedures established by the United States Department of Agriculture for the
			 administration of the Community Eligibility Provision.
(d) "Identified students" has the meaning
			 given that term in 7 CFR
			 245.9(f).
(e) "Identified student percentage" has the
			 meaning given that term in 7
			 CFR 245.9(f).
(f) "Identified student percentage
			 reimbursement goal" is the percentage of all breakfasts and lunches an eligible
			 school or district served to its students during a school year that the Oregon
			 Department of Education has determined should be reimbursed at an amount equal
			 to either the applicable federal free meal reimbursement rate, or a
			 supplemental meal reimbursement rate calculated by the department for the
			 Community Eligibility Provision Incentive Reimbursement Program.
(g) "Lunch" means a reimbursable lunch that
			 is provided through the federal National School Lunch Program.
(h) "School district" means an Oregon common
			 school district, joint school district, union high school district, education
			 service district, or public charter school.
(i) "School year" means the twelve-month
			 period beginning on July 1 and ending on June 30.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 51 - SCHOOL FOOD AND NUTRITION SERVICES › Section 581-051-0615 - Expanded Income Eligibility Group Reimbursement Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 section:
(a) "Breakfast" means a reimbursable
			 breakfast that is provided through the federal School Breakfast
			 Program.
(b) "Community Eligibility
			 Provision" refers to the alternative reimbursement option administered by the
			 United States Department of Agriculture for schools and school districts in
			 high-poverty areas through which participating schools or school districts
			 agree to provide breakfasts and lunches at no charge to all students in
			 exchange for receiving federal meal reimbursements based on the schools' or
			 districts' identified student percentage.
(c) "Eligible school or district" means a
			 school, a group of schools, or a school district that is not participating in
			 the Community Eligibility Provision.
(d) "Eligible student" means a student who is
			 from a household with an income that is greater than 185 percent, but does not
			 exceed 300 percent, of the applicable federal poverty guidelines.
(e) "Federal poverty guidelines" means the
			 federal poverty guidelines that are issued annually by the United States
			 Department of Health and Human Services and used to determine financial
			 eligibility for various federal programs, including but not limited to free and
			 reduced price breakfasts and lunches.
(f) "Lunch" means a reimbursable lunch that
			 is provided through the federal National School Lunch Program.
(g) "School district" means an Oregon common
			 school district, joint school district, union high school district, education
			 service district, or public charter school.
(h) "School year" means the twelve-month
			 period beginning on July 1 and ending on June 30.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 53 - SCHOOL BUS DRIVER TRAINING, LICENSING, AND SCHOOL BUS STANDARDS › Section 581-053-0002 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The purpose of the rules set forth in this division is to ensure the safety of
			 students while being transported to or from school or authorized school
			 activities by establishing standards for vehicle construction, driver
			 qualifications, vehicle and record inspections, and administrative provisions
			 of pupil transportation;
(2) The
			 rules in this division apply to all school districts and individual schools,
			 including public, private, parochial, public charter, and alternative schools,
			 and education service districts and head start agencies which provide
			 transportation services to students from home to school or to authorized school
			 activities, either through internal or contracted services.
Stat. Auth.: ORS
				  327.013 &
				  820.100 -
				  820.120
Stats. Implemented: ORS
				  327.013,
				  820.100,
				  820.105,
				  820.110 &
				  820.120
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 53 - SCHOOL BUS DRIVER TRAINING, LICENSING, AND SCHOOL BUS STANDARDS › Section 581-053-0003 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following terms used in OAR chapter 581, division 53 shall
				be defined as follows:
(1) "Accident"
			 means an occurrence that results in any of the following:
(a) An injury requiring medical or dental
			 treatment.
(b) Combined vehicle
			 and property damage in excess of $500. This includes:
(A) Damage to the school bus or school
			 activity vehicle; and
(B) Damage
			 to property other than the school bus or school activity vehicle, including
			 damage to another school bus or school activity vehicle, or transportation
			 entity property.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 53 - SCHOOL BUS DRIVER TRAINING, LICENSING, AND SCHOOL BUS STANDARDS › Section 581-053-0004 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Transportation
			 entities shall provide transportation in compliance with all applicable laws
			 and administrative rules.
(2)
			 Transportation entities that contract out all or part of their pupil
			 transportation services are required to ensure that their contractor complies
			 with all applicable laws and administrative rules.
(3) Transportation entities or contractors
			 shall not require or knowingly permit any person to operate a school bus or
			 school activity vehicle in violation of any applicable rules of the State Board
			 of Education or Oregon laws.
(4)
			 Transportation entities or contractors shall notify ODE within 30 days if they
			 have actual knowledge that:
(a) A school bus
			 or school activity vehicle driver has violated an ORS or OAR; and
(b) Student or public safety was jeopardized
			 by the violation.
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 53 - SCHOOL BUS DRIVER TRAINING, LICENSING, AND SCHOOL BUS STANDARDS › Section 581-053-0010 - Rules Governing Pupils Riding School Buses and School Activity Vehicles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pupils
			 being transported are under authority of the bus driver.
(2) Fighting, wrestling, or boisterous
			 activity is prohibited on the bus.
(3) Pupils shall use the emergency exit only
			 in case of emergency.
(4) Pupils
			 shall be on time for the bus both morning and evening.
(5) Pupils shall not bring firearms, weapons,
			 or other potentially hazardous material on the bus.
(6) Pupils shall not bring animals, except
			 approved assistance guide animals on the bus.
(7) Pupils shall remain seated while bus is
			 in motion.
(8) Pupils may be
			 assigned seats by the bus driver.
(9) When necessary to cross the road, pupils
			 shall cross in front of the bus or as instructed by the bus driver.
(10) Pupils shall not extend their hands,
			 arms, or body parts through bus windows.
(11) Pupils shall have written permission to
			 leave the bus other than at home or school.
(12) Pupils shall converse in normal tones;
			 loud or vulgar language is prohibited.
(13) Pupils shall not open or close windows
			 without permission of driver.
(14)
			 Pupils shall keep the bus clean, and must refrain from damaging it.
(15) Pupils shall be courteous to the driver,
			 to fellow pupils, and passersby.
(16) Pupils who refuse to obey promptly the
			 directions of the driver or refuse to obey regulations may forfeit their
			 privilege to ride buses.
(17) Rules
			 Governing Pupils Riding School Buses and School Activity Vehicles must be kept
			 posted in a conspicuous place in all school buses, type 20, and type 21
			 activity vehicles.
Stat. Auth.: ORS
				  327.013 &
				  820.100 -
				  820.120
Stats. Implemented: ORS
				  327.013,
				  820.100,
				  820.105,
				  820.110 &
				  820.120
Oregon Administrative Rules › Chapter 581 - OREGON DEPARTMENT OF EDUCATION › Division 53 - SCHOOL BUS DRIVER TRAINING, LICENSING, AND SCHOOL BUS STANDARDS › Section 581-053-0012 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding
			 any other provision of Oregon Administrative Rules Chapter 581, subject to
			 subsection (2) of this rule, for purposes of Oregon Administrative Rules
			 Chapter 581, Division 53, the following requirements are waived until January
			 31, 2021:
(a) Any requirement related to
			 receiving or having received instruction under Oregon Administrative Rules
			 Chapter 581, Division 053.
(b)
			 Requirements pertaining to receiving approved instruction shall be temporarily
			 waived for new drivers by allowing certificate permits to be valid through
			 January 31, 2021. New drivers shall continue to be trained in first aid and be
			 subject to physical examinations.
(c) Driving certificates and approvals
			 requiring a driver license shall be granted to an applicant for renewal
			 regardless of expired status, provided no disqualifying driving or criminal
			 records exist for the applicant and DMV is unable to issue a qualified renewal.
			 Such approvals shall be valid through January 31, 2021.