Oregon Bulletin
Rule
Caption: Modified rules relating to Long
Term Care and Treatment programs that provide educational services.
Adm.
Order No.: ODE 15-2011
Filed with Sec. of
State: 12-15-2011
Certified to be
Effective: 12-15-11
Notice Publication
Date: 10-1-2011
Rules Amended: 581-015-2570, 581-015-2571, 581-015-2572,
581-015-2573, 581-015-2574
Subject: Rule amendments implement SB 170 by expanding LTCT to
include children placed by private entities, child’s parent, school districts.
Formerly program only included children placed by state agencies. SB 170 also
expanded program to include day treatment programs.
Rules Coordinator: Cindy Hunt—(503) 947-5651
581-015-2570
Definitions and Purposes of
Long-Term Care and Treatment (LTCT) Programs
(1) Definitions in this rule apply to OARs 581-015-2570
to 581-015-2574:
(a) “Contracting school district” means the school
district, the education service district, a program operated under the auspices
of the State Board of Higher Education, or a program operated under the
auspices of the Oregon Health and Science University Board of Directors with
which the Department of Education contracts for the provision of educational
services.
(b) “Education program” means those activities provided
under contract between a contracting school district and the Department of
Education, which provide a public education to preschool or school-aged
children placed by a public entity, private entity or by the child’s parent in
a Psychiatric Day Treatment program or a Psychiatric Residential Treatment
Facility;
(c) “Intermediate care facility” is defined in ORS
442.015 (21);
(d) “Psychiatric Day Treatment Programs” are defined in
OAR 309-032-1505(100);
(e) “Psychiatric Residential Treatment Facility” is
defined in OAR 309-032-1505(101).
(f) “Resident district” means the resident district of
a student as defined under ORS 339.133 and 339.134.
(g) “Public Entity” means the Oregon Department of
Human Services (DHS), Oregon Health Authority (OHA), the Oregon Youth Authority
(OYA), Oregon School District, or their designee.
(h) “Treatment program” means the long-term day or
residential treatment services provided by a private nonprofit or public agency
and provided under contract with a state agency or designee of the state
agency. Intermediate care facilities are excluded from this definition.
(2) The purposes of the education program under OARs
581-015-2570 to 581-015-2574 are as follows:
(a) To serve children placed by a public entity,
private entity or by the child’s parent for needs other than educational;
(b) To serve children placed by a public entity,
private entity or by the child’s parent who require schooling in a protected
environment in order to protect the health and safety of themselves and/or
others; and
(c) To extend the treatment process into the school day
to fully implement the treatment plans of children placed by a public entity,
private entity or by the child’s parent.
Stat. Auth. ORS 326.051 & 343.961
Stats. Implemented: ORS 343.961
Hist.: 1EB 23-1986, f. & ef.
7-14-86; EB 7-1988, f. & cert. ef. 1-15-88; EB 22-1990, f. & cert. ef.
5-18-90; EB 10-1991(Temp), f. & cert. ef. 7-15-91; EB 31-1991, f. &
cert. ef. 12-18-91; ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from
581-015-0044, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 34-2007, f. &
cert. ef. 12-12-07; ODE 14-2009, f. & cert. ef. 12-10-09; ODE 15-2011, f.
& cert. ef. 12-15-11
581-015-2571
Long-Term Care and Treatment
(LTCT) Education Program Eligibility and Approval
(1) The Department of Education shall base education
program eligibility on the following:
(a) An agency may offer several different treatment
programs serving different populations. For the purposes of determining
eligibility for funding and funding levels for education programs, each program
will be considered separately. Temporary shelter programs, which would not
otherwise meet the eligibility criteria provided in OAR 581-015-2571(1)(b), are
eligible for funding only when attached to an eligible treatment program and
the children served are primarily awaiting placement in such programs;
(b) To be eligible for an education program, a
treatment program must submit an application to the Department’s Long-Term Care
and Treatment Program demonstrating that the program meets all of the following
criteria:
(A) Either:
(i) A letter of approval from the Addictions and Mental
Health Division certifying that the psychiatric day treatment program or
psychiatric residential treatment facility meets standards applicable for
intensive children’s mental health services under OAR 309-032-1500; or
(ii) Documentation that the program provides long-term
residential treatment of children placed by a state agency or designee of the
state agency;
(B) Meet state licensing requirements for a private
child-caring agency;
(C) Be operated by a nonprofit corporation or a
political subdivision of the state;
(D) Demonstrate through client admissions, staff hiring
practices, and client access to services that it meets requirements for ORS
659.850 relating to the prevention of discrimination; and
(E) Demonstrate through curriculum content, teaching
practices, and facilities management that the constitutional requirements
regarding no religious entanglement are met.
(2) The Department of Education (ODE) is responsible
for approving the educational program under this rule and shall base approval
on the following:
(a) The contracting school district must ensure that
the education program is operated in compliance with a written agreement with
the Department that specifies, at a minimum, the following services to be
provided:
(A) Each child who is not a child with a disability
under OAR 581-015-2130 through 581-015-2180 has a personalized educational plan
that includes assessment, goals, services, and timelines;
(B) Information pertaining to students and educational
programs is provided to the Department in an accurate and timely manner;
(C) Children have opportunities to be educated in the
least restrictive environment;
(D) The education program is developed and implemented
in conjunction with the treatment program; and
(E) Other requirements as identified by the Department.
(b) The Department must ensure that the education
program is operated in compliance with a written agreement with the contracting
school district.
(c) Final determinations concerning the eligibility of
treatment programs for education funding are at the discretion of the State
Superintendent of Public Instruction.
(3) Funding Procedures: Upon receipt of an application
for funding for a program under this rule, the Department of Education will:
(a) Determine if the treatment program meets the
eligibility criteria in this rule within 45 business days;
(b) If necessary, request additional funding or a
limitation for funding from the State Legislature; and
(c) Fund the program according to the formula in OAR
581-015-2572 only when sufficient funds are available for the program under ORS
343.243 and an appropriation from the General Fund as determined by the
Department.
Stat. Auth. ORS 326.051 &
343.961
Stats. Implemented: ORS 343.243
& 343.961
Hist.: ODE 14-2009, f. & cert.
ef. 12-10-09; ODE 15-2011, f. & cert. ef. 12-15-11
581-015-2572
Long-Term Care and Treatment
(LTCT) Education Program Funding Formula
(1) The Department of Education shall provide funding
to education programs based on the following:
(a) For the purpose of allocation of state funds under
this rule, the following definitions apply:
(A) “Net operating expenditures (NOE)” means the sum of
expenditures as defined in ORS 327.006(6), divided by the average daily
membership of the school district, or in the case of an ESD, its districts,
which contracts for education services offered in the program;
(B) “Service level factors” means:
(i) 1.75 for students in Psychiatric Day Treatment
Programs; or
(ii) 2.00 for students in Psychiatric Residential
Treatment Facilities.
(C) “State agency slots” means the number of slots
available for students in education programs under ORS 343.961, as determined
by the Department based on information received from the Oregon Department of
Human Services, the Oregon Health Authority, the Oregon Youth Authority and
eligible day treatment programs and eligible residential treatment programs for
the school year;
(b) The Department shall use the following formula for
distribution of funding: (Service level factors) x [(the contracting district’s
NOE in year one) x (state agency slots for year one) + (the contracting
district’s NOE in year two) x (state agency slots for year two)] = total state
funding contract amount;
(c) If the total state funding available for all LTCT
programs is less than the total state funding needed to fully fund each LTCT
contract, the amount of state funding in each contract determined under
paragraph (b) of this subsection will be prorated.
(d) A special needs fund is established at the Oregon
Department of Education which will be up to five percent of the total state
monies made available for the LTCT program during a biennium:
(A) Individual applications may be made to the
Department for this fund to cover unexpected, emergency expenses;
(B) Funds not utilized under this paragraph for the
first year of the biennium will be carried forward by the Department to the
next fiscal year.
Stat. Auth. ORS 326.051 &
343.961
Stats. Implemented: ORS 343.243
& 343.961
Hist.: ODE 14-2009, f. & cert.
ef. 12-10-09; ODE 15-2011, f. & cert. ef. 12-15-11
581-015-2573
Due Process Hearings for Long-Term
Care and Treatment (LTCT) Education Programs
(1) The following shall apply to Due Process Hearings
involving students attending education programs:
(a) The contracting school district is the “school
district” for the purposes of carrying out the procedures required by OAR
581-015-2340 through 581-015-2385;
(b) The issues of the hearing do not include the
placement by the public entity, private entity or its designee or by the
child’s parent for long-term treatment;
(c) Costs under OAR 581-015-2385(1)(a) that are in
excess of the contracted educational program budget will be paid by the Oregon
Department of Education;
(d) The Oregon Department of Education is a party to
such proceedings and is responsible to provide additional educational services
ordered by an administrative law judge that are beyond the scope of the written
agreement between the Department and the contracting school district under OARs
581-015-2570 through 581-015-2574.
(2) The Department is not responsible for paying for
transportation, care, treatment or medical expenses.
Stat. Auth. ORS 326.051 &
343.961
Stats. Implemented: ORS 343.243
& 343.961
Hist.: ODE 14-2009, f. & cert.
ef. 12-10-09; ODE 15-2011, f. & cert. ef. 12-15-11
581-015-2574
Resident District Obligations for
Students in Long-Term Care and Treatment (LTCT) Education Programs
(1) The resident district must provide or pay for the
daily transportation to and from a Psychiatric Day Treatment Program in which a
student placed by a public entity, private entity or by the student’s parent is
enrolled as follows:
(a) The resident district may directly transport or
contract for transportation services with the agency, an adjacent school
district, an education service district or a private carrier as long as the
subcontractor is operating under the provision of ORS 801.455, 801.460, and
820.100 through 820.150, or is exempt from these regulations by operating under
the Public Utility Commission, ORS Chapter 767, or city regulations included in
ORS Chapter 221.
(b) Subject to agreement with the parent or guardian,
the resident district may reimburse a parent or guardian for the transportation
of a child at the per mile rate established by that district.
(c) Transportation must be provided by the resident
district even when the education calendar of the Psychiatric Day Treatment
program differs from that of the resident district.
(2) The resident district may claim reimbursement for
transportation costs under ORS 327.033.
(3) The resident district must participate in all
individualized education program or personalized education plan meetings
involving its
students.
Stat. Auth. ORS 326.051 &
343.961
Stats. Implemented: ORS 343.961
Hist.: ODE 14-2009, f. & cert.
ef. 12-10-09; ODE 15-2011, f. & cert. ef. 12-15-11
Rule
Caption: Requirements for Charter School
Financial Management System.
Adm.
Order No.: ODE 16-2011
Filed with Sec. of
State: 12-15-2011
Certified to be
Effective: 12-15-11
Notice Publication
Date: 10-1-2011
Rules Amended: 581-020-0334
Subject: Changes requirements for charter school financial
management system. Implements HB 3417 (2011) which changed the requirements for
a charter school financial management system.
Rules Coordinator: Cindy Hunt—(503) 947-5651
581-020-0334
Financial Management System
(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
Stat. Auth.: ORS 338.025
Stat. Implemented: ORS 338
Hist.: ODE 11-2010, f. & cert.
ef. 6-30-10; ODE 16-2011, f. & cert. ef. 12-15-11
Rule
Caption: Senate Bill 800 – Mandate
Relief. Removes outdated, redundant and obsolete education rules.
Adm.
Order No.: ODE 17-2011
Filed with Sec. of
State: 12-15-2011
Certified to be
Effective: 1-1-12
Notice Publication
Date: 10-1-2011
Rules Amended: 581-020-0336, 581-021-0255, 581-022-1060, 581-023-0112
Rules Repealed: 581-021-00032, 581-021-0034, 581-021-0035,
581-021-0042, 581-021-0044, 581-022-1369, 581-022-1680, 581-023-0012,
581-023-0110
Subject: Implements SB 800 by eliminating redundant and
obsolete mandates placed on public school system. Removes outdated, redundant
and obsolete rules. Eliminates mandates relating to interscholastic activities,
charter schools, school and district reports, expanded options and alternative
education programs.
Rules Coordinator: Cindy Hunt—(503) 947-5651
581-020-0336
Annual Financial Reporting
(1) A public charter school 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.
(2) After an audit, the public charter school shall
forward a copy of the annual audit to the Department of Education.
(3) After an audit, the public charter school shall
forward the following to the sponsor:
(a) A copy of the annual audit;
(b) Any statements from the public charter school that
show the results of all operations and transactions affecting the financial
status of the public charter school during the preceding annual audit period
for the school; and
(c) 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.
Stat. Auth.: ORS 338.025
Stat. Implemented: ORS 338.095
Hist.: ODE 11-2010, f. & cert.
ef. 6-30-10; ODE 17-2011, f. 12-15-11, cert. ef. 1-1-12
581-021-0255
Transfer of Student Education
Records
(1) Within ten days of a student seeking enrollment in
or services from a public or private school including an ESD, or when a student
is placed in a state institution other than an institution of postsecondary
education, or a private agency or youth care center (hereinafter referred to as
the new educational agency), the new educational agency must notify the public
or private school, education service district, institution, agency, or youth
care center in which the student was formerly enrolled (hereinafter referred to
as the former educational agency), and request the student’s education records.
(2) The former educational agency must transfer all
requested student education records to the new educational agency no later than
10 days after receiving the request.
(3) The education records transferred to the new
educational agency must include any education records relating to the
particular student retained by an education service district.
(4) The educational agency must retain originals of
student education records for the time periods and under the conditions
described in the record retention rule, OAR 166-400-0060, except that originals
shall be transferred to a new education agency upon request.
(5) When original records have been transferred to a
new educational agency as required in subsection (2) of this rule, readable
photocopies of the following documents must be retained by the former
educational agency or institution for the time periods and under the conditions
as prescribed in the record retention rule, OAR 166-400-0060:
(a) The student’s permanent record as defined in
subsection (11) of OAR 581-021-0220; and
(b) Such special education records as are necessary to
document compliance with state and federal audits.
(6) Notwithstanding subsections (1) and (2) of this
section, for students who are in substitute care programs:
(a) A school, institution, agency, facility or center
shall notify the school, institution, agency, facility or center in which the
student was formerly enrolled and shall request the student’s education records
within five days of the student seeking initial enrollment; and
(b) Any school, institution, agency, facility or center
receiving a request for a student’s education records shall transfer all
student education records relating to the particular student to the requesting
school, institution, agency, facility or center no later than five days after
the receipt of the request.
Stat. Auth.: ORS 326.565, 34 CFR §
99.6
Stats. Implemented: ORS 326.565
Hist.: ODE 8-2007, f. & cert.
ef. 3-1-07; ODE 17-2011, f. 12-15-11, cert. ef. 1-1-12
581-022-1060
School and District Performance
Report Criteria
(1) The Superintendent of Public Instruction will
annually collect data from schools and school districts on student performance,
student behavior and school characteristics and will annually produce a performance
report for each school and school district.
(2) The Superintendent will notify the public and the
media by December 15 of each year that school and district performance reports
are available at each school and school district and at the Department of
Education website and office. The Superintendent will include in the notice
that Consolidated District Improvement Plans and School Improvement Plans as
required in ORS 329.095 are available from the school and school district
offices.
(3) Each school and school district report shall
contain the information required by this rule. By January 15 of each year,
school districts shall make a copy of the state provided school and school
district performance report available to the parent(s) or guardian(s) of each
child enrolled in a public school in the school district by doing one or more
of the following:
(a) Mailing a copy;
(b) Electronically sending a copy; or
(c) Providing a link to a state or district web site
containing the reports and also making copies available in local schools,
libraries, parents centers, community centers, or other public locations easily
accessible to parents and others.
(4) School performance reports will include ratings
assigned by the Superintendent, based on valid scoring scales.
(5) School ratings shall be reported as:
(a) Outstanding;
(b) Satisfactory; or
(c) In Need of Improvement;
(6) Criteria for a school rating will include
(a) Student performance as measured by statewide
assessments;
(b) Improvement in student performance;
(c) Percentage of students participating in statewide
assessment; and
(d) Student attendance rate and
(e) Student graduation rate.
(7) A school that receives a rating of “Met” on its
annual Adequate Yearly Progress report shall receive a rating of no lower than
“Satisfactory” for that same school year.
(8) School
performance reports may include information other than that listed in ORS
329.105 or sections (4), (5) and (7) of this rule. Such information will not be
part of the calculation of the school rating.
(9) School district performance reports will be
developed and must include the overall rating of each school in the district.
The district performance report may include information other than that listed
in ORS 329.105 or section (4) or this rule.
(10) School and school districts may include
information in addition to that listed in ORS 329.105 or sections (4) and (5)
of this rule in their locally prepared and distributed school and school
district performance reports.
(11) School and school district performance reports, in
conjunction with electronic supplements of the performance reports, will serve
as the means by which the state meets the report card requirements of section
1111 of the No Child Left Behind Act of 2001.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 329.105
Hist.: ODE 36-1999, f. 12-13-99,
cert. ef. 12-14-99; ODE 5-2007, f. & cert. ef. 2-21-07; ODE 25-2008, f.
& cert. ef. 9-26-08; ODE 4-2009, f. & cert. ef. 6-29-09; ODE 17-2011,
f. 12-15-11, cert. ef. 1-1-12
581-023-0112
School Improvement Fund
(1) For purposes of this rule, “School Improvement
Fund” means the fund established by ORS 327.294.
(2) Each fiscal year the Department of Education shall
award grants from the School Improvement Fund to school districts, education
service districts, the Youth Corrections Education Program and the Juvenile
Detention Education Program for activities that relate to increases in student
achievement, including:
(a) Early childhood support including establishing,
maintaining or expanding quality Pre-kindergarten programs and full-day
kindergarten programs;
(b) Class size reduction with an emphasis on the
reduction of kindergarten through grade three class sizes;
(c) Increases in instructional time including summer
programs and before and after school programs;
(d) Mentoring, teacher retention and professional
development;
(e) Remediation, alternative learning and student
retention;
(f) Services to at-risk youth;
(g) Programs to improve a student achievement gap
between student groups identified by culture, poverty, language and race and
other student groups;
(h) Vocational education programs;
(i) Literacy programs;
(j) School library programs; and
(k) Other research-based student improvement strategies
approved by the State Board of Education.
(3) Grant applications for each school district,
education service district and for the Youth Corrections Education and Juvenile
Detention Education Programs shall identify the goals of the district or
program for increases in student performance for the year and shall outline how
the district or program plans to use the resources provided from the Fund to
reach the performance goals. The Department shall evaluate the grant
applications based on the following criteria:
(a) The goals set by the school districts, education
service districts and programs for increases in student performance;
(b) The evidenced-based activities identified to meet
the stated goals;
(c) Consistency with the district’s Continuous
Improvement Plan;
(d) The quantifiable performance measures for
demonstrating progress on one or more Key Performance Measures adopted by the
2007 Legislative Assembly and identified by the Department; and
(e) The evaluation process identified in the
application that will be used by the district or program to determine if the
district or program is effective in the implementation of the activities for
which the district or program is requesting funds.
(4) The amount of each grant for a school district,
education service district or program shall be determined based on ORS 327.294
and 327.297. After the initial determination of the grant amount for each
district or program, the Department may adjust the grant amount based on
additional data and information received by the department.
(5)(a) Each school district, education service district
and program shall account for the grant amounts it receives separately, and
shall apply these amounts to pay for activities described in the district or
program’s application. School districts, education service districts and
programs may only expend grant funds on approved activities identified in the
grant application of the district or program.
(b) School districts and education service districts
may choose to budget grant funds in the district’s General Fund or a Special
Revenue Fund. Programs may choose to budget these funds in a Special Revenue
Fund. The Department will establish an Area of Responsibility code in the
Program Budgeting and Accounting Manual for School Districts and Education
Service Districts in Oregon to identify all expenditures for the School
Improvement Fund. School districts and education service districts and programs
shall use the Area of Responsibility code to identify all expenditures for the
School Improvement Fund.
(c) School districts, education service district and
programs may carry over grant funds received in a fiscal year until the end of
the next fiscal year. If a district or program has not expended all of its
grant funds prior to the end of the carry over period, the district or program
shall return the unused portion of the grant funds to the Department.
(d) If the department determines that a school
district, education service district or program did not expend grant funds in
accordance with ORS 327.297 or this rule, the Department may deny a subsequent
request for grant funds from the district or program and may require the
district or program to repay grant funds received by the district or program
for any year.
(e) The Department shall deposit any moneys it receives
under this section in the School Improvement Fund and distribute those moneys
as part of the grants awarded from the fund.
(6) In accordance with ORS 334.177 and the Program
Budgeting and Accounting Manual for School Districts and Education Service
Districts in Oregon, an education service district may transfer grant funds to
component school districts for activities, as identified in the grant
application of the education service district, for which the education service
district received grant funds. The education service district shall report to
the Department about how much grant funds were transferred and shall report
improvement data relating to the activities.
(7) In accordance with ORS 327.297 and the Program
Budgeting and Accounting Manual for School Districts and Education Service
Districts in Oregon, a school district may transfer grant funds to a public
charter school for activities, as identified in the grant application of the
school district, for which the school district received grant funds. The school
district shall report to the Department about how much grant funds were
transferred and shall report improvement data relating to the activities.
(8) The State Superintendent of Public Instruction
shall resolve any issues arising from the administration of the School
Improvement Fund grants not specifically addressed by this rule and the
Superintendent’s determination shall be final.
Stat. Auth.: ORS 327
Stats. Implemented: ORS 327.290,
327.294, 327.297
Hist.: ODE 18-2001(Temp), f. &
cert. ef. 8-15-01 thru 1-02-02; ODE 31-2001, f. & cert. ef. 12-20-01; ODE
24-2007(Temp), f. & cert. ef. 10-26-07 thru 4-23-08; ODE 12-2008, f. &
cert. ef. 4-21-08; ODE 17-2011, f. 12-15-11, cert. ef. 1-1-12
Rule
Caption: Charter School Attendance.
Adm.
Order No.: ODE 18-2011
Filed with Sec. of
State: 12-15-2011
Certified to be
Effective: 12-15-11
Notice Publication
Date: 10-1-2011
Rules Repealed: 581-020-0339
Subject: The rule places requirements on charter schools that
offer on-line courses for calculation of percentage of students who attend
charter school and reside within school district where charter school is
located. HB 2301 (2011) eliminated ORS 338.125(2)(b), the so-called “50
percent” provision. OAR 581-020-0339 implemented this provision. Due to the
underlying law being repealed, the rule in being repealed.
Rules Coordinator: Cindy Hunt—(503) 947-5651
Rule
Caption: Virtual Charter School student
Enrollment and Appeal Procedure.
Adm.
Order No.: ODE 19-2011
Filed with Sec. of
State: 12-15-2011
Certified to be
Effective: 12-15-11
Notice Publication
Date: 10-1-2011
Rules Adopted: 581-020-0342, 581-020-0343
Rules Repealed: 581-020-0342(T), 581-020-0343(T)
Subject: Implements new state law relating to enrollment in
virtual public charter schools. Creates appeal procedure for students who are
not approved for enrollment into virtual public charter school by school
district. Directs virtual public charter schools to notify districts of student
enrollment.
Rules Coordinator: Cindy Hunt—(503) 947-5651
581-020-0342
Virtual Public Charter School
Student Enrollment
(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 581-020-0338.
(2) A parent must provide notice to the school district
in which the parent resides that the parent intends to enroll a student in a
virtual public charter school. Upon receiving the notice, a school district may
choose to do nothing further until receiving notice the student is enrolled in
the school or if more than three percent of the students who reside in the
school district are enrolled in virtual public charter schools not sponsored by
the district, the district must provide notice to the parent that the district:
(a) Approves the student for enrollment in the virtual
public charter school; or
(b) Does not approve the student for enrollment in the
virtual public charter school and provide a copy of this rule and OAR
581-020-0343 to the student and a list of two or more other online options
available to the student.
(3) If a parent does not receive a notice of approval
or disapproval from a school district under subsection (2) of this rule within
14 days of sending the notice of intent to enroll to the district, the student
shall be deemed approved for enrollment by the district.
(4) A parent may appeal a decision of a school district
to not approve a student for enrollment to the State Board of Education
pursuant to OAR 581-020-0343.
(5) A virtual public charter school may only enroll a
student if the school receives evidence the student’s parent has notified the
resident school district of the student’s intent to enroll in the school. A
school shall consider any of the following as evidence the resident school
district received adequate notice:
(a) A copy of the notice of intent to enroll sent to
the district by the parent;
(b) A notice of approval for enrollment from the
district; or
(c) A copy of a final order issued by the
Superintendent pursuant to OAR 581-020-0343 that finds that the student is
approved for enrollment in the school.
(6) A virtual public charter school shall send a list
of students to each school district in which a student who is enrolled in the
school resides. The list shall be sent monthly when the virtual school is in
session.
(7) If a school district chooses to not approve a
student for enrollment in a virtual public charter school under this section,
the district must have a policy that at a minimum includes the following:
(a) The annual, semiannual or other date that the
school district used to calculate whether or not three percent or more of the
students who reside within the district are enrolled in a virtual public
charter school.
(b) The description of the data used by the school
district to calculate the number of students who reside in the district and the
number of students who are enrolled in virtual public charter schools. A school
district is only required to use data that is reasonably available to the
district including but not limited to:
(A) The number of students enrolled in the schools of
the school district;
(B) The number of students enrolled in public charter
schools located in the school district;
(C) The number of students enrolled in virtual public
charter schools;
(D) The number homeschooled students who reside within
the district and who have registered with an education service district; and
(E) The number of students enrolled in private schools
located within the school district.
Stat. Auth.: ORS 338.025
Stats. Implemented: ORS 338.125
Hist.: ODE 11-2011(Temp), f. &
cert. ef. 8-23-11 thru 2-19-12; ODE 19-2011, f. & cert. ef. 12-15-11
581-020-0343
Virtual Public Charter School
Student Enrollment Appeal Procedure
(1) The State Board of Education delegates to the
Superintendent of Public Instruction or designee all administrative functions
necessary or reasonable in order to conduct a timely appeal process. This
delegation includes issuing a final order. An order issued by the
Superintendent or designee shall be considered an order in other than a
contested case under ORS 183.484.
(2) A parent may appeal a decision of a school district
to not approve enrollment of a student in a virtual public charter school under
OAR 581-020-0342 by sending a notice of appeal in writing by mail, fax or
e-mail or by personally delivering a copy to the Superintendent of Public
Instruction. The notice must be received by the Superintendent within 10 days
of the date on which the parent received notice from the district, the district
did not approve enrollment of a student in a virtual public charter school. The
parent must also provide a copy of the notice of appeal and any other
supporting documents included with the notice to the school district prior to
sending the notice of appeal to the Superintendent or within 24 hours of when
the parent sent or delivered the notice of appeal to the Superintendent.
(3) The notice of appeal must include:
(a) The parent and student’s name and contact
information.
(b) The name of the resident school district.
(c) The name of the virtual public charter school in
which the student wants to enroll.
(d) A copy of the notice of intent to enroll provided
by the parent to the school district.
(e) A copy of the notice of disapproval of enrollment
received by the parent from the school district.
(f) The reason for the appeal and any supporting
documents including evidence the parent would like considered as part of the
appeal.
(4) A school district upon receiving a notice of appeal
from a parent may file a reply to the notice with the Superintendent. The reply
must be received by the Superintendent within 10 days of when the school
district received a copy of the notice of appeal from the parent. The school
district shall provide a copy of the reply and any supporting documents
included with the reply to the parent.
(5) The Superintendent shall overturn the decision of
the school district to not approve the enrollment of the student if the
Superintendent determines that:
(a) The school in which the student intends to enroll
is not a virtual public charter school.
(b) The resident school district does not have more
than three percent of the resident students of the district enrolled in virtual
public charter schools not sponsored by the district.
(c) The parent did not receive the notice of
disapproval from the district within 14 days of when the parent sent the
district the notice of intent to enroll.
(6) The Superintendent may consider the following in
deciding whether to uphold or overturn a decision of the school district to not
approve the enrollment of a student:
(a) The health and safety of the student.
(b) The student’s educational needs and interests.
(c) The availability of other online options to the
student.
(d) Any other information that the Superintendent deems
relevant to the decision.
(7) The Superintendent shall issue a final order within
30 days of receiving the notice of appeal from the parent. The Superintendent
shall send a copy of the final order to the parent, the school district and the
virtual public charter school.
Stat. Auth.: ORS 338.025
Stats. Implemented: ORS 338.125
Hist.: ODE 11-2011(Temp), f. &
cert. ef. 8-23-11 thru 2-19-12; ODE 19-2011, f. & cert. ef. 12-15-11
Rule
Caption: Programs for Talented and Gifted
Students.
Adm.
Order No.: ODE 20-2011
Filed with Sec. of
State: 12-15-2011
Certified to be
Effective: 12-15-11
Notice Publication
Date: 10-1-2011
Rules Amended: 581-022-1330
Subject: This rule requires plans for Talented and Gifted
services to be submitted to ODE, implementing HB 2180, which was passed by the
2011 legislature.
Rules Coordinator: Cindy Hunt—(503) 947-5651
581-022-1330
Programs and Services for Talented
and Gifted Students
(1) Each school district shall have a written plan for
programs and services beyond those normally provided by the regular school
program in order to realize the contribution of talented and gifted children to
self and society.
(2) The written plan for programs and services for
talented and gifted children shall be submitted to the Oregon Department of
Education on a date and in a format provided in guidance documents provided by
the Oregon Department of Education.
(3) The written plan shall include, but is not limited
to:
(a) A statement of school district policy on the
education of talented and gifted children;
(b) An assessment of current special programs and
services provided by the district for talented and gifted children;
(c) A statement of district goals for providing
comprehensive special programs and services and over what span of time the
goals will be achieved;
(d) A description of the nature of the special programs
and services which will be provided to accomplish the goals; and
(e) A plan for evaluating progress on the district plan
including each component program and service.
(4) The instruction provided to identified students
shall be designed to accommodate their assessed levels of learning and
accelerated rates of learning.
(5) Assessments for the development of an appropriate
academic instructional program shall include the information used by the team
for identification purposes and also may include one or more of the following:
(a) An academic history which may include grades,
portfolio assessment records or other progress records and achievement
information that demonstrates the student’s level of learning and rate of
learning;
(b) Other evaluation methods such as formal tests or
informal assessment methods designed by teachers to determine the student’s
instructional level and rate of learning related to specific academic programs;
(c) Student interest, style, and learning preferences
information from inventories or interviews; and
(d) Other measures determined by the school district to
be relevant to the appropriate academic instructional program for the student.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 343.391 -
343.413
Hist.: EB 18-1996, f. & cert.
ef. 11-1-96; ODE 6-2009, f. & cert. ef. 6-29-09; ODE 20-2011, f. &
cert. ef. 12-15-11
Rule
Caption: Personnel Policies, Evaluation,
Teaching and Administrative Standards.
Adm.
Order No.: ODE 21-2011
Filed with Sec. of
State: 12-15-2011
Certified to be
Effective: 12-15-11
Notice Publication
Date: 10-1-2011
Rules Adopted: 581-022-1723, 581-022-1724, 581-022-1725
Rules Amended: 581-022-1720
Subject: SB 290 (2011) directed the State Board to adopt
teacher and administrator standards for school districts to use. The rules base
the standards on national standards. The rules specify teacher and
administrator standards that must be used by districts in evaluations.
Rules Coordinator: Cindy Hunt—(503) 947-5651
581-022-1720
Personnel Policies
(1) The school district shall adopt and implement
personnel policies which address:
(a) Affirmative action;
(b) Staff development;
(c) Equal employment opportunity;
(d) Evaluation procedures; and
(e) Employee communication system.
(f) The requirement for releasing to Teacher Standards
and Practices Commission, another district or any person upon request the
disciplinary records of an employee or former school employee if the employee
was convicted of one or more of the list of crimes addressed in ORS 342.143.
(2)
Personnel policies shall be accessible to any school employee and notice of
their availability to the general public shall be published:
(a) A current copy shall be accessible in each school
office and library; and
(b) Any organization which represents employees of the
district shall be furnished a copy and revisions as they are made.
(3) Bonded Employees: All employees responsible for
funds, fees or cash collections shall be bonded in compliance with Oregon
Revised Statutes and Oregon Administrative Rules.
(4) Employees for whom a teaching certificate is not
required: The school district shall give to each such employee an individual
written notice of reasonable assurance of continued employment as required by
ORS 332.554.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 326.051
Hist.: EB 18-1996, f. & cert.
ef. 11-1-96; ODE 25-2008, f. & cert. ef. 9-26-08; ODE 21-2011, f. &
cert. ef. 12-15-11
581-022-1723
Teacher and Administrator
Evaluation
(1) A school district board shall include the core
teaching standards and administrator standards adopted by the State Board for
all evaluations of teachers and administrators of the school district occurring
on or after July 1, 2013. The standards shall be customized based on the collaborative
efforts of the teachers and administrators of the school district and the
exclusive bargaining representative of the employees of the school district.
(2) The core teaching standards and administrator
standards must:
(a) Take into consideration multiple measures of
teacher and administrator effectiveness that encompass a range of appropriate
teaching and administrative behaviors that use multiple evaluation methods;
(b) Take into consideration evidence of student
academic growth and learning based on multiple measures of student progress,
including performance data of students, schools, and school districts;
(c) Be research-based;
(d) Be separately developed for teachers and
administrators; and
(e) Be customized for each school district, which may
include individualized weighting and application of standards.
(3) Evaluations using the core teaching and
administrative standards must attempt to:
(a) Strengthen the knowledge, skills, disposition and
classroom and administrative practices of teachers and administrators in public
schools;
(b) Refine the support, assistance and professional
growth opportunities offered to a teacher or an administrator, based on the
individual needs of the teacher and administrator and the needs of the
students, the school and the school district;
(C) Allow each teacher or administrator to establish a
set of classroom or administrative practices and student learning objectives
that are based on the individual circumstances of the teacher or administrator,
including the classroom or other assignments of the teacher or administrator:
(d) Establish a formative growth process for each
teacher and administrator that supports professional learning and collaboration
with other teachers and administrators; and
(e) Use evaluation methods and professional
development, support and other activities that are based on curricular
standards and that are targeted to the needs of each teacher and administrator.
Stat. Auth: ORS
342.805–342.937
Stats. Implemented: OL 2011 § 2,
Ch 729 (SB 290)
Hist.: ODE 21-2011, f. & cert.
ef. 12-15-11
581-022-1724
Core Teaching Standards
School districts shall use the core teaching standards
to evaluate teacher effectiveness outlined in OAR 581-022-1723. Performances,
essential knowledge and critical dispositions for each standard are contained
within the Interstate Teacher Assessment and Support Consortium (InTASC) core
teaching standards published at: http://www.ccsso.org/
Documents/2011/InTASC_Stds_MS_Word_version_4_24_11.doc. The core teaching
standards are the same standards adopted by the Teacher Standards and Practices
Commission (TSPC) for initial and advanced teacher preparation. The standards
include:
(1) The Learner and Learning
(a) Learner Development: The teacher understands how
learners grow and develop, recognizing that patterns of learning and
development vary individually within and across the cognitive, linguistic,
social, emotional, and physical areas, and designs and implements
developmentally appropriate and challenging learning experiences. (InTASC
Standard #1)
(b) Learning Differences: The teacher uses
understanding of individual differences and diverse cultures and communities to
ensure inclusive learning environments that enable each learner to meet high
standards. (InTASC Standard #2)
(c) Learning Environments: The teacher works with
others to create environments that support individual and collaborative
learning, and that encourage positive social interaction, active engagement in
learning, and self motivation. (InTASC Standard #3)
(2) Content
(a) Content Knowledge: The teacher understands the
central concepts, tools of inquiry, and structures of the discipline(s) he or
she teaches and creates learning experiences that make these aspects of the
discipline accessible and meaningful for learners to assure mastery of the
content. (InTASC Standard # 4)
(b) Application of Content: The teacher understands how
to connect concepts and use differing perspectives to engage learners in
critical thinking, creativity, and collaborative problem solving related to
authentic local and global issues. (InTASC Standard #5)
(3) Instructional Practice
(a) Assessment: The teacher understands and uses
multiple methods of assessment to engage learners in their own growth, to
monitor learner progress, and to guide the teacher’s and learner’s decision
making. (InTASC Standard #6)
(b) Planning for Instruction: The teacher plans
instruction that supports every student in meeting rigorous learning goals by
drawing upon knowledge of content areas, curriculum, cross-disciplinary skills,
and pedagogy, as well as knowledge of learners and the community context.
(InTASC Standard #7)
(c) Instructional Strategies: The teacher understands
and uses a variety of instructional strategies to encourage learners to develop
deep understanding of content areas and their connections, and to build skills
to apply knowledge in meaningful ways. (InTASC Standard # 8)
(4) Professional Responsibility
(a) Professional Learning and Ethical Practice: The
teacher engages in ongoing professional learning and uses evidence to
continually evaluate his/her practice, particularly the effects of his/her
choices and actions on others (learners, families, other professionals, and the
community), and adapts practice to meet the needs of each learner. (InTASC
Standard #9)
(b) Leadership and Collaboration: The teacher seeks
appropriate leadership roles and opportunities to take responsibility for
student learning, to collaborate with learners, families, colleagues, other
school professionals, and community members to ensure learner growth, and to
advance the profession. (InTASC Standard #10)
Stat. Auth: ORS
342.805–342.937
Stats. Implemented: OL 2011 § 2,
Ch 729 (SB 290)
Hist.: ODE 21-2011, f. & cert.
ef. 12-15-11
581-022-1725
Educational Leadership –
Administrator Standards
School districts shall use the educational
leadership–administrator standards to evaluate administrator
effectiveness outlined in OAR 581-022-1723. These standards align with the
Educational Leadership Constituents Council (ELCC) 2009 standards for
Educational Leadership published at: http://www.npbea.org/ncate.php. The knowledge
and skill abilities required for each program standard are found within the
full document of the 2009 standards. These standards are aligned with the Interstate School Leaders Licensure Consortium
(ILLSC) published at: http://www.ccsso.org/
Documents/2008/Educational_Leadership_Policy_Standards_2008.pdf. The
educational leadership-administrator standards are the same standards adopted
by the Teacher Standards and Practices Commission (TSPC) for administrator
licensure. The standards include:
(1) Visionary Leadership: An educational leader
integrates principles of cultural competency and equitable practice and
promotes the success of every student by facilitating the development,
articulation, implementation, and stewardship of a vision of learning that is
shared and supported by stakeholders. (ISLLC Standard 1)
(2) Instructional Improvement: An educational leader
integrates principles of cultural competency and equitable practice and
promotes the success of every student by sustaining a positive school culture
and instructional program conducive to student learning and staff professional
growth. (ISLLC Standard 2)
(3) Effective Management: An educational leader
integrates principles of cultural competency and equitable practice and
promotes the success of every student by ensuring management of the
organization, operation, and resources for a safe, efficient, and effective
learning environment. (ISLLC Standard 3)
(4) Inclusive Practice: An educational leader
integrates principles of cultural competency and equitable practice and
promotes the success of every student by collaborating with faculty and
community members, responding to diverse community interests and needs, and
mobilizing community resources in order to demonstrate and promote ethical standards
of democracy, equity, diversity, and excellence, and to promote communication
among diverse groups. (ISLLC Standard 4)
(5) Ethical Leadership: An educational leader
integrates principles of cultural competency and equitable practice and
promotes the success of every student by acting with integrity, fairness, and
in an ethical manner. (ISLLC Standard 5)
(6) Socio-Political Context: An educational leader
integrates principles of cultural competency and equitable practice and
promotes the success of every student by understanding, responding to, and
influencing the larger political, social, economic, legal, and cultural
context. (ISLLC Standard 6)
Stat. Auth: ORS
342.805–342.937
Stats. Implemented: OL 2011 § 2,
Ch 729 (SB 290)
Hist.: ODE 21-2011, f. & cert.
ef. 12-15-11
Rule
Caption: Approved Transportation Costs for
Payment from the State School Fund.
Adm.
Order No.: ODE 22-2011
Filed with Sec. of
State: 12-15-2011
Certified to be
Effective: 12-15-11
Notice Publication
Date: 10-1-2011
Rules Amended: 581-023-0040
Subject: Amendments to this rule do the following:
(1) Update
non-reimbursable cost rate per mile for 2011-12 and 2012-13 school years. It is
a requirement that every two years the Department of Education update these rates.
(2) Adds language
that charter school may reimburse district for transportation costs. This
reimbursement will not reduce district transportation grant
Rules Coordinator: Cindy Hunt—(503) 947-5651
581-023-0040
Approved Transportation Costs for
Payments from the State School Fund
(1) Definitions for the purpose of this rule:
(a) “Elementary School Student” means, notwithstanding
any other OAR or statute, pupils attending a school offering only an elementary
curriculum, any combination of grades K through 8;
(b) “Secondary School Student” means, notwithstanding
any other OAR or statute, pupils attending a school offering any secondary
curriculum for grades 9, 10, 11, or 12. Additionally, all students attending a
school designated by the local school board through board action as a junior
high school or middle school may be considered secondary students;
(c) “Local School Board” means, notwithstanding any
other OAR or statute, the local school board for the district in which the
student’s legal residence is physically located. Local school boards are not
required to provide transportation for students who have requested and received
approval to attend a school other than that designated by the local school
board for students living in their specified attendance area;
(d) “Manufacturer’s Rated Capacity” means the number of
students to be used in the calculations specified in paragraph (5)(n)(B) of
this rule and described below:
(A) Buses transporting only elementary students will
have a passenger capacity as stated on the manufacturer’s identification plate;
(B) Buses transporting only high school students,
grades 9 through 12 will have a passenger capacity based on two students for
each 39 inch bus seat;
(C) Buses transporting mixed groups from grades K-12
(in any combination) or groups of only junior high or middle school students
will have a passenger capacity based on 2.5 students for each 39-inch bus seat.
EXAMPLE: A bus with a manufacturer’s passenger capacity stated on the
identification plate of 72 would have the following ratings: elementary –
72, high school only – 48, mixed groups – 60, middle school and
junior high school – 60.
(e) “Mile(s) from School” means the distance a student
lives from school, measured from the closest, reasonable, and prudent point
between the school property identified by the local board for that pupil’s
attendance and the property where the pupil lives. The distance will be
measured over the shortest practicable route on maintained public roadways or
over existing pedestrian facilities or pedestrian facilities capable of meeting
the requirements listed in ORS 332.405(4);
(f) “Patron” means any individual, organization, or
entity that is able to use student transportation services except for charter
schools (as defined in ORS 338) reimbursing school districts up to one hundred
percent (100%) of incurred transportation costs pursuant to ORS 338.145.
(g) “Supplemental Plan” means a plan adopted by local
school board resolution identifying groups or categories of students who live
within the 1 and 1.5 mile limitations and require transportation based on
health or safety reasons, including special education. Supplemental plan
approvals may be ordered by the State Board of Education or its designated
representatives. The State Board shall have the right of final review of any
actions regarding supplemental plans. Appeals will be directed to the State
Board for final consideration. The Plan must include the following:
(A) The approximate number of students to be
transported based on the plan;
(B) The health or safety reasons cited for providing
transportation;
(C) The local board resolution specifying the
supplemental plan as submitted; and
(D) Any additional information or documentation
supporting the supplemental plan deemed appropriate locally.
(2) Approved transportation costs shall include those
costs incurred in transporting pupils to and from instructional programs during
the regularly scheduled school term within the limitations specified by ORS
327.006 and 327.033. Approved transportation costs may include costs incurred
in transporting students participating in extended school year programs
eligible for funding from the State School Fund.
(3) Approved transportation costs shall include those
district expenditures associated with:
(a) Home-to-school transportation of elementary school
pupils who live at least one mile from school;
(b) Home-to-school transportation of secondary school
pupils who live at least one and one-half miles from school;
(c) Transportation of pupils between educational
facilities either within or across district boundaries, if the facilities are
used as part of the regularly-scheduled instructional program approved by the
Board;
(d) Transportation of pupils for in-state field trips
when such represents an extension of classroom activities for instructional
purposes, and shall include out-of-state destinations within 100 miles of the
Oregon border;
(e) Transportation of pupils home to school for whom a
supplemental plan has been approved by the State Board of Education in
addressing safety, health, and special education needs;
(f) Transportation of preschool children in Early
Childhood Special Education Services having an Individual Family Service Plan
requiring transportation and preschool children receiving Early Intervention
Services under the authority of ORS 343.533.
(g) School to home transportation following extended
school day instructional programs for:
(A) Elementary school pupils who live at least one mile
from school;
(B) Secondary school pupils who live at least one and
one-half miles from school.
(4) Approved transportation costs shall exclude those
district expenditures associated with transportation for the following unless
the school program is required under provisions of the Individuals with
Disabilities Education Act, ORS 343.533 or 339.010 through 339.090 and 339.250:
(a) Pupils living within the limits prescribed in ORS
327.006(2) for whom no supplemental plan has been approved by the State Board;
(b) Activity trips other than for instructional
purposes;
(c) Athletic trips;
(d) School lunch purposes;
(e) Summer school;
(f) Adult education;
(g) Evening school;
(h) Preschool and/or nursery school;
(i) Board and room in lieu of transportation associated
with field trips;
(j) Transportation facility and staff costs other than
those directly related to approved pupil transportation activities.
(5) The computation shall be made as follows:
(a) Pupil Transportation Salaries;
(b) Pupil Transportation Supplies, Equipment, Repairs,
and Maintenance;
(c) All contracted Transportation;
(d) Travel of Pupil Transportation Personnel;
(e) Employee Benefits on Pupil Transportation Salaries;
(f) Pupil Transportation Insurance;
(g) Payments in Lieu of Transportation;
(h) Other Expenses of Pupil Transportation;
(i) Payments to Other Districts for Pupil
Transportation;
(j) Leases and Rentals;
(k) Depreciation:
(A) Depreciation of Garage, but this shall not include
land;
(B) Depreciation of Buses that are used at least 50%
for reimbursable mileage.
(C) Shall include the costs to retrofit, as defined in
ORS 468A.795, or to replace school buses for the purpose of reducing or
eliminating diesel engine emissions, except that these costs may not include
the costs paid with moneys received from the state by a school district from
the Clean Diesel Engine Fund that are described in ORS 468A.801 (2)(a) to
retrofit or to replace school buses for the purpose of reducing or eliminating
diesel engine emissions.
(l) Total of subsections (5)(a) through (k) of this
rule;
(m) Deduct (if cost is included in detail above):
(A) Payments Received from Other Districts and from
Patrons for reimbursable transportation;
(B) Nonreimbursable Transportation Costs:
(i) For 2009-10:
(I) Number of miles @ $2.02 per mile for all school
buses and school activity vehicles having a manufacturers’ designed passenger
capacity greater than 20 persons including driver, or
(II) Number of miles @ $1.01 per mile for all school
activity vehicles having a manufacturers’ designed passenger capacity 20 or
less including driver;
(ii) For 2010-11:
(I) Number of miles @ $2.04 per mile for all school
buses and school activity vehicles having a manufacturers’ designed passenger
capacity greater than 20 persons including driver, or
(II) Number of miles @ $1.02 per mile for all school
activity vehicles having a manufacturers’ designed passenger capacity 20 or
less including driver; or
(iii) For 2011-12:
(I) Number of miles @ $2.07 per mile for all school
buses and school activity vehicles having a manufacturers’ designed passenger
capacity greater than 20 persons including driver, or
(II) Number of miles @ $1.04 per mile for all school
activity vehicles having a manufacturers’ designed passenger capacity 20 or
less including driver;
(iv) For 2012-13:
(I) Number of miles @ $2.10 per mile for all school
buses and school activity vehicles having a manufacturers’ designed passenger
capacity greater than 20 persons including driver, or
(II) Number of miles @ $1.06 per mile for all school
activity vehicles having a manufacturers’ designed passenger capacity 20 or
less including driver; or
(v)(I) Those local school board certified marginal
costs attributable to services described in section (4)(a) of this rule,
calculated and documented as follows: Documentation maintained by local
district shall include: bus and route identification, school(s) being served,
number of eligible students on board, number of ineligible students on board;
(II) Calculation of marginal costs shall be as follows:
District Cost Per Mile of bus operation divided by the total number of students
transported on each bus to derive an average cost per student. The cost per
student multiplied by the number of ineligible students and the number of miles
inside the limits provides the amount for deduction. Example: Cost per student
= district cost per bus mile - number of students on bus; Total Deduction =
cost per student x ineligible students x number of miles inside limit.
(III) No deduction will be made for transportation
inside prescribed limits if the local board certifies student demographics
would require student bus rides to or from school of more than one hour if the
bus is routed in a manner making it accessible to the number of eligible
students living outside the prescribed mileage limit equal to 130 percent of
the bus manufacturer’s rated capacity; or
(IV) The local school board certifies that buses are
routed in a manner to serve at least the number of eligible students living
outside the prescribed mileage limits equal to 130 percent of the bus
manufacturer’s rated passenger capacity; and
(V) In either of the aforementioned situations, no
additional costs have been incurred by the district for the identified service.
(C) State and Federal Receipts for Transportation,
except those apportioned under ORS 327.006 or third party Medicaid payments for
transportation, if used to support expenditures in subsections (5)(a) through
(l) of this rule;
(D) Rental or Lease Payments from Private Contractors;
(E) The percentage of transportation facility
depreciation commensurate with the percentage of the total district fleet value
based upon purchase price (see subsection (6)(k) of this rule) represented by
nonpupil transportation equipment. Examples of nonpupil transportation
equipment would include the following: lawnmowers, tractors, backhoes, trucks,
pickups, cars, trailers, snow blowers, etc.
(n) Total Deductions ((5)(m)(A)+(m)(B)+(m)(C)+(m)(D)+
(m)(E));
(o) Approved Cost ((5)(l) minus (5)(n)).
(6) In the above computation, the following definitions
apply:
(a) Pupil Transportation Salaries. Salaries and wages
paid school bus drivers, assistants to driver, and that portion of salaries
paid mechanics and other bus maintenance employees, supervisors of
transportation, secretarial and clerical assistants, and persons assigned
transportation oversight and coordination responsibilities attributable to the
transportation program and documented through position descriptions and payroll
records. No school district General Administration salaries may be included in
this area;
(b) Pupil Transportation Supplies, Equipment, Repairs,
and Maintenance. Costs of fuel, oil, lubricants, tires, tire repair, batteries,
vehicle diagnosis and repair equipment identified as capital expenditures in
the “Program Budget Manual,” vehicle repair parts and supplies, repair of
vehicles by other than the school district, garage maintenance and operation,
and garage equipment repair and maintenance;
(c) All Contracted Transportation. Payments to parents
and independent public or private contractors for transporting pupils from home
to school, between educational facilities and for nonreimbursable activities
enumerated in paragraph (6)(l)(B) of this rule; and fares to public carriers
for transporting pupils from home to school and between educational facilities:
(A) If a district retains ownership of buses and
garages and contracts for the operation of the transportation system with
provision in the contract for lease or rental of the buses and garages, the
contracted transportation cost shown should reflect the gross bid including the
lease or rental payment. The lease or rental payment shall be deducted in the
computation as reported in paragraph (5)(n)(D) of this rule;
(B) If the district retains ownership of buses and
garages and participates in a transportation cooperative or consortium through
an intergovernmental agreement, depreciation apportionment provided under ORS
327.033 will be disbursed directly to the district. No depreciation component
is approved for cooperative-owned buses or garages.
(d) Travel of Pupil Transportation Personnel. Meals,
lodging, mileage, per diem and other travel expenses of pupil transportation
personnel, and private car mileage if paid to bus drivers for travel to and
from the point where school bus is parked if other than the central garage. The
same travel expenses plus tuition or registration are included for attendance
at Department of Education sponsored or presented pupil transportation training
programs and seminars;
(e) Employee Benefits on Pupil Transportation Salaries.
The district’s contributions for employee benefits including social security
and retirement, employee health insurance, workers’ compensation, and
unemployment insurance;
(f) Pupil Transportation Insurance. Payments for public
liability and property damage, medical care, collision, fire and theft, and
insurance on garages and shops;
(g) Payments in Lieu of Transportation. Payments for
pupils’ board and room in lieu of transportation, consistent with ORS
332.405(2);
(h) Other Expenses of Pupil Transportation.
District-paid fees for school bus drivers’ physical examinations; interest on
bus or garage contracts payable including lease-purchase agreements if
capitalized (see subsection (6)(k) of this rule);
(i) Payments to Other In-State or Out-of-State
Districts for Transportation. Payments to other districts for approved pupil
transportation costs;
(j) Leases and Rentals. Rental or lease payments for
the use of land or buildings used for approved pupil transportation. Rental or
lease payments for buses operated by district personnel for approved pupil
transportation.
NOTE: Only those leases which do not contain an option to purchase or
application of rentals to purchase should be included in subsection (5)(j) of
this rule. See subsection (6)(k) of this rule as to the proper treatment of
other lease-purchase agreements.
(k) Depreciation. For purposes of computing
depreciation, capitalized cost is defined to include the unit cost of the
asset, exclusive of interest, for such assets purchased outright, by
conventional contract, or by lease-purchase agreement if such agreement
contains any provision to acquire ownership at the end of the agreement by
application of a portion of the rentals paid or a terminal payment. The
computation of the capitalized cost and the depreciation shall be according to
the following:
(A) Portions of Garages and Other Buildings Used for
Approved Pupil Transportation:
(i) Outright purchase (including purchase by
conventional contract). For each outright purchase or purchase by conventional
contract, each district shall report to the Oregon Department of Education, on
the forms provided, the unit cost of the garage or other building purchased and
the dollar amount of interest payments associated with such purchase. The
purchase of land shall not be included in the Garage Depreciation. The
capitalized value shall represent the unit cost, exclusive of interest.
Depreciation shall be computed at an annual rate of four percent;
(ii) Lease-purchase agreements. For each lease-purchase
agreement, the district shall report to the Oregon Department of Education, on
the forms provided, the dollar amount of the agreement, the interest payments
contained in the agreement, and the schedule of such interest payments
contained in the agreement. Land shall not be included in the lease purchase
agreement for the purpose of reimbursement. Subsequent to July 1, 1975, the
capitalized value shall represent the lease-purchase price less any interest
payments contained in the agreement. Depreciation shall be computed at an
annual rate of four percent.
(B) Buses and Other Vehicles Used for Approved Pupil
Transportation:
(i) Outright purchase (including purchase by
conventional contract). For each outright purchase or purchase by conventional
contract, each district shall report to the Oregon Department of Education, on
the forms provided, the unit cost of the vehicle(s) purchased and the dollar
amount of interest payments associated with such purchase. The capitalized
value shall represent the unit cost, exclusive of interest. Depreciation shall
be computed at an annual rate of ten percent;
(ii) Lease-purchase agreements. For each lease-purchase
agreement, the district shall report to the Oregon Department of Education, on
the forms provided, the dollar amount of the agreement, any applicable trade-in
value, the dollar amounts of interest payments contained in the agreement, and
the schedule of such interest payments contained in the agreement. The
capitalized value of the vehicles shall represent the lease-purchase price
including the trade-in allowance less interest payments contained in the
agreement. Depreciation shall be computed at an annual rate of ten percent;
(iii) Lease agreements. If the district is leasing its
buses under a lease agreement, the district shall report the annual lease cost.
A lease agreement as used in this paragraph means an agreement whereby the
lessor retains title to the buses being leased to the lessee school district
and the title to the buses is never received by the lessee. Under such a lease
agreement, the use of the buses by the lessee is limited by the term of the
lease. If there is an auxiliary agreement either written or oral whereby at the
end of the lease term, the title of the buses shall pass to the lessee school district,
the agreement is not a lease agreement as described in this paragraph but is a
lease-purchase agreement as outlined in subparagraph (ii) of this paragraph.
The lease payment made by a school district obtaining the use of buses pursuant
to a lease as defined in this paragraph shall be used in the computation of the
reimbursement in place of the depreciation set forth in subparagraphs (i) and
(ii) of this paragraph.
(l) Deductions:
(A) Payments Received from Other Districts and from
Patrons. Money received from other school districts, parents, guardians, or
students for transportation if paid in support of expenditures listed in
subsections (5)(a) through (l) of this rule;
(B) Nonreimbursable Transportation Costs. Actual bus
mileage of excludable trips shall include the actual mileage in district owned
or contracted buses for transportation for activity trips, athletic trips,
school lunch purposes, summer school, adult education, evening school, nursery
school, and any other nonreimbursable purposes. Such mileage shall be deducted
at the rate indicated in subsection (5)(m)(B) of this rule. The rate of
deduction may be reviewed periodically by the State Board of Education and
adjusted accordingly;
(C) State and Federal Receipts for Transportation. All
state and federal receipts for transportation expenditures, exclusive of funds
apportioned under ORS 327.006 and 327.033, that have been included in
subsection (5)(a) through (l) of this rule;
(D) Rental or Lease Payments from Private Contractors.
Payments received from private contractors for the use of district owned buses
and garages in the operation of the pupil transportation system by the private
contractor. This item must be shown as Revenue Code 1930 in the school district
audit and the gross payments to the contractor must be included in subsection
(5)(c) of this rule.
(7) Each district shall maintain a record, by purpose,
of total pupil transportation miles and shall submit a report of such to the
Oregon Department of Education on the form provided. The accuracy of such
records shall be certified by the district clerk.
(8) If an education service district offers a special
service under the provisions of section (4) of ORS 334.175, including
home-to-school transportation that would qualify for reimbursement under the
provisions of ORS 327.006 if provided by a local school district, the following
procedure in crediting the transportation expenditure to the local district may
be employed:
(a) The education service district shall compute
approved home-to-school transportation costs as provided in section (4) of this
rule;
(b) The approved costs so determined shall be billed to
and paid by each of the local school districts. The expenditure shall be
accounted for by the local district as a transportation expenditure paid to
another education agency;
(c) The audited district expenditure shall be
recognized by the State Superintendent of Public Instruction in computing the
local district’s entitlement under ORS 327.006;
(d) If the education service district reimburses the
local district the difference between that portion billed and that paid under
ORS 327.006, such reimbursement – if derived from property tax sources by
education service district resolution – shall not be deducted by the
state in determining the local district’s approved costs. The local district
shall account for the education service district reimbursement as other general
receipts are accounted for from the education service district.
(9) For purposes of computing board and room entitlement
for a district operating a dormitory under provisions of ORS 327.006, the state
assumes responsibility for its proportionate share of costs associated with the
provision of food, facilities, staff, operation, and maintenance necessary to
provide students with safe and healthy living conditions. The state does not
assume responsibility for costs associated with recreation or entertainment of
students. The approved cost against which the computation is made for state
liability shall not exceed the limit stated in ORS 332.405. In addition, the
state will assume its proportionate share of the cost of field trips as defined
in subsection (3)(c) of this rule.
(10) The computation of approved expenditures for board
and room entitlement shall be made as follows:
(a) Salaries;
(b) Operation:
(A) Utilities;
(B) Supplies;
(C) Other Operational Costs.
(c) Maintenance:
(A) Upkeep;
(B) Replacement.
(d) Fixed Charges:
(A) Employee Benefits;
(B) Other Fixed Charges.
(e) Food;
(f) Operation of Buses and Other Vehicles –
Supplies, Repairs and Maintenance;
(g) Depreciation:
(A) Dormitory;
(B) Buses and Other Vehicles.
(h) Total Expenditures (Sum of subsections (10)(a)
through (g) of this rule));
(i) Deductions (subtract if cost is included in cost
above):
(A) Payments Received from Other Districts and from
Patrons;
(B) Nonreimbursable Transportation Costs as indicated
in subsection (5)(m)(B) of this rule;
(C) State and Federal Receipts for Transportation,
except those apportioned under ORS 327.006, 327.033, or third party Medicaid
payments, if used to support expenditures in subsections (10)(a) through (g) of
this rule;
(D) Federal School Lunch, Breakfast, and Milk
Reimbursements;
(E) Sales of Food.
(j) Total Deductions (sum (10)(i)(A) + (i)(B) + (i)(C)
+ (i)(D) + (i)(E));
(k) Approved Cost ((10)(h) minus (10)(j) of this rule).
(11) The items included in the board and room
entitlement computation are defined as follows:
(a) Salaries. Salaries and wages paid dormitory personnel,
including the dormitory manager, cooks, custodians, and other personnel
directly concerned with operation of the dormitory, and that portion of
salaries paid secretarial and clerical assistants and other personnel
attributable to the dormitory program;
(b) Operation:
(A) Utilities. Heat for buildings, water and sewage,
electricity, telephone, and other utilities necessary for the operation of the
dormitory;
(B) Supplies. Custodial supplies, supplies for care of
grounds, linens, and other supplies necessary for the operation of the
dormitory including food services. Purchase of food is included in subsection
(11)(e) of this rule;
(C) Other Operational Costs. Contracted custodial
services, window washing, laundry or linen services, etc., necessary for the
operation of the dormitory.
(c) Maintenance:
(A) Upkeep. Expenditures associated with maintaining
the existing dormitory facilities in a safe, healthy, and efficient condition,
including supplies and materials for upkeep of dormitory grounds and the
dormitory building. Costs associated with maintenance of recreational or
entertainment facilities are excluded;
(B) Replacement of Equipment. Expenditures associated
with replacing equipment necessary to the safe, healthy, and efficient
operation of the dormitory. Replacement of equipment used for recreational or
entertainment purposes are excluded.
(d) Fixed Charges:
(A) Employee Benefits. Expenditures for dormitory
employees’ benefits including social security and retirement, employee health
insurance, workers’ compensation, and unemployment insurance;
(B) Other Fixed Charges. Expenditures for property
insurance, liability insurance, rental of land and buildings for purposes
associated with operation of the dormitory, and other fixed charges directly
attributable to operation of the dormitory.
(e) Food. Expenditures for food necessary for the
operation of the dormitory;
(f) Operation of Buses and Other Vehicles –
Supplies, Repairs, and Maintenance. Expenditures for fuel, oil, lubricants,
tires, tire repair, batteries, vehicle repair parts and supplies, repair of
vehicles by other than the school district, garage maintenance and operation,
and garage equipment repair and maintenance necessary for the operation of
buses utilized for purposes stated in section (3) of this rule and of other
vehicles necessary for the operation of the dormitory;
(g) Depreciation:
(A) Dormitory. For purposes of computing dormitory
depreciation, capitalized cost is defined as the unit cost of the asset (including
the cost of original equipment), exclusive of interest, plus the cost of
substantial improvements or remodeling. The purchase of land shall not be
included. Costs associated with providing recreational or entertainment
facilities are not included. Depreciation shall be computed at an annual rate
of four percent;
(B) Buses and Other Vehicles. Depreciation for buses
used for approved pupil transportation and that portion of other vehicles
necessary for operation of the dormitory shall be computed in accordance with
the formula and definition stated in paragraph (6)(k)(B) of this rule.
(h) Total. Sum of subsections (10)(a) through (g) of
this rule;
(i) Deductions:
(A) Payments Received from Other Districts and from
Patrons. Money received from other school districts, parents, guardians, or
students for transportation or room and board if paid in support of
expenditures listed in subsections (10)(a) through (f) of this rule;
(B) Nonreimbursable Transportation Costs. Costs for
nonreimbursable transportation according to the formula and definition stated
in paragraph (6)(l)(B) of this rule;
(C) State and Federal Receipts for Transportation. All
state and federal receipts for transportation or room and board expenditures
exclusive of funds apportioned under ORS 327.006 that have been included in
subsections (10)(a) through (f) of this rule;
(D) Federal School Lunch, Breakfast, and Milk
Reimbursements. All federal receipts for school lunch, breakfast, and milk
expenditures that have been included in subsections (10)(a) through (f) of this
rule;
(E) Sales of Food. Money received from teachers,
students, or other individuals from food sales for which the expenditures are
included in subsections (10)(a) through (f) of this rule.
(12) Such items of expenditure as may be questionable
in applying the policy stated in this administrative rule shall be resolved by
the State Superintendent of Public Instruction and such determination shall be
final.
(13) Apportionment of the State School Fund for
2001–02 and subsequent years.
[Publications:
Publications referenced are available from the agency.]
Stat. Auth.: ORS 327.013 &
820.100 - 820.120
Stats. Implemented: ORS 327.013
& 820.100 - 820.120
Hist.: 1EB 177, f. 10-2-74; 1EB
181, f. 1-17-75, ef. 7-1-75; 1EB 209, f. 12-5-75, ef. 1-16-76; 1EB 220, f.
2-17-76, ef. 3-15-76; 1EB 233, f. 6-11-76, ef. 6-18-76; 1EB 4-1978, f. 1-27-78,
ef. 1-27-78; 1EB 10-1980, f. & ef. 5-5-80; 1EB 6-1981, f. 3-2-81, ef.
3-3-81; 1EB 4-1982, f. & ef. 2-10-82; 1EB 15-1982, f. 8-4-82, ef. 8-5-82;
1EB 17-1983, f. 11-23-83, ef. 11-25-83; 1EB 1-1985, f. 1-4-85, ef. 1-7-85; 1EB
5-1986, f. 1-30-86, ef. 2-1-86; EB 4-1987, f. & ef. 2-20-87; EB 32-1987, f.
& ef. 12-10-87; EB 42-1988, f. & cert. ef. 11-15-88; EB 3-1992, f.
& cert. ef. 2-21-92; EB 21-1993, f. & cert. ef. 6-2-93; EB 4-1997, f.
& cert. ef. 4-25-97; ODE 9-2000, f. & cert. ef. 4-5-00; ODE 25-2001, f.
& cert. ef. 11-7-01; ODE 9-2003, f. & cert. ef. 6-13-03; ODE 10-2006,
f. & cert. ef. 2-21-06; ODE 8-2008, f. & cert. ef. 3-21-08; ODE 6-2010,
f. & cert. ef. 4-26-10; ODE 22-2011, f. & cert. ef. 12-15-11
Rule
Caption: Method of Awarding Competitive
Grants.
Adm.
Order No.: ODE 23-2011
Filed with Sec. of
State: 12-15-2011
Certified to be
Effective: 12-15-11
Notice Publication
Date: 10-1-2011
Rules Repealed: 581-040-0000
Subject: Method of awarding competitive grants – rule is
obsolete.
Rules Coordinator: Cindy Hunt—(503) 947-5651
Rule
Caption: Workforce 2000 Vocational
technical Education Program.
Adm.
Order No.: ODE 24-2011
Filed with Sec. of
State: 12-15-2011
Certified to be
Effective: 12-15-11
Notice Publication
Date: 10-1-2011
Rules Repealed: 581-044-0080, 581-044-0090, 581-044-0100, 581-044-0110,
581-044-0120, 581-044-0130, 581-044-0140, 581-044-0200
Subject: The rules in division 44 refer to the Workforce 2000
Vocational Technical Education Program that was established in 1989 to assist
public schools and community colleges to prepare an internationally competitive
workforce by the year 2000. This federal program has been repealed and no
longer exists.
Rules Coordinator: Cindy Hunt—(503) 947-5651
Rule
Caption: Job Training Partnership Act.
Adm.
Order No.: ODE 25-2011
Filed with Sec. of
State: 12-15-2011
Certified to be
Effective: 12-15-11
Notice Publication
Date: 10-1-2011
Rules Repealed: 581-060-0005, 581-060-0010, 581-060-0015, 581-060-0020
Subject: Funds to State and Local Agencies to provide
Employment and training Services under the Job training Partnership Act (JTPA).
Rules Coordinator: Cindy Hunt—(503) 947-5651
Rule
Caption: Distribution of Job Training
partnership Act Title III Governor’s Reserve Funds.
Adm.
Order No.: ODE 26-2011
Filed with Sec. of
State: 12-15-2011
Certified to be
Effective: 12-15-11
Notice Publication
Date: 10-1-2011
Rules Repealed: 581-070-0000, 581-070-0010, 581-070-0020,
581-070-0030, 581-070-0040, 581-070-0050, 581-070-0060, 581-070-0070,
581-070-0080, 581-070-0090, 581-070-0110, 581-070-0130, 581-070-0140,
581-070-0150, 581-070-0170, 581-070-0180, 581-070-0190, 581-070-0200,
581-070-0210, 581-070-0220, 581-070-0230, 581-070-0240, 581-070-0250,
581-070-0380, 581-070-0390, 581-070-0400, 581-070-0410, 581-070-0420,
581-070-0500, 581-070-0510
Subject: Distribution of JTPA Title III Governor’s reserve
Funds – rule is obsolete.
Rules Coordinator: Cindy Hunt—(503) 947-5651
Rule
Caption: Radio Television Agreement.
Adm.
Order No.: ODE 27-2011
Filed with Sec. of
State: 12-15-2011
Certified to be
Effective: 12-15-11
Notice Publication
Date: 10-1-2011
Rules Repealed: 581-071-0005, 581-071-0010
Subject: Radio Television Agreement.
Rules Coordinator: Cindy Hunt—(503) 947-5651
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.
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