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Oregon Bulletin

February 1, 2011

 

Oregon Department of Education
Chapter 581

Rule Caption: Repeals charter school revolving loan program.

Adm. Order No.: ODE 17-2010

Filed with Sec. of State: 12-17-2010

Certified to be Effective: 12-17-10

Notice Publication Date: 11-1-2010

Rules Repealed: 581-020-0350

Subject: • The rule authorized the Superintendent to make loans to charter schools. The loans were to be financed from the Public Charter School Development Fund created in statute. The Legislature did not appropriate moneys to this fund for the loan program.

      • The loan program was part of the original charter school law adopted in 1999.

      • An audit was conducted of funds of the Department of Education. One recommendation of this audit was the abolishment of the Public Charter School Development Fund because the fund had never been used. The abolishment was accomplished during the 2009 Legislative Session by repealing ORS 338.185 which created Public Charter School Development Fund.

      • Repeal of the rule is consistent with the Legislative repeal of the statutory section

Rules Coordinator: Diane Roth—(503) 947-5791

 

Rule Caption: Requires adoption of process to allow students to demonstrate essential skills in language of origin.

Adm. Order No.: ODE 18-2010

Filed with Sec. of State: 12-17-2010

Certified to be Effective: 12-17-10

Notice Publication Date: 7-1-2010

Rules Adopted: 581-022-0617

Subject: Rule directs schools districts and public charter schools to adopt process to allow certain English Language Learner students to demonstrate proficiency in essential skills in the students’ language of origin.

Rules Coordinator: Diane Roth—(503) 947-5791

581-022-0617

Essential Skill Assessments for English Language Learners

(1) Definitions. As used in this rule:

(a) “Assessment option” means an assessment approved to assess proficiency in the Essential Skills for the purpose of earning a high school diploma or a modified diploma.

(b) “English Language Learner” (ELL) means a student who meets the definition of “Limited English Proficient” found in Title IX, Part A, Section 9101.25 of the No Child Left Behind Act of 2001 (NCLB).

(c) “Essential Skills” means process skills that cross academic disciplines and are embedded in the content standards. The skills are not content specific and can be applied in a variety of courses, subjects, and settings.

(d) “Qualified Rater” means any individual who is:

(i) Trained to a high degree of proficiency in scoring the assessment administered to the student; and

(ii) Endorsed by the school district or public charter school, consistent with local school board policy, as proficient in the student’s language of origin for the purposes of accurately scoring the student’s work in the student’s language of origin.

(2) Consistent with OAR 581-022-0615, school districts and public charter schools must adopt a policy whether to allow ELL students to demonstrate proficiency in the Essential Skill of “Apply mathematics in a variety of settings” in the students’ language of origin for those ELL students who by the end of their 11th grade year:

(a) Are on track to meet all other graduation requirements; and

(b) Are unable to demonstrate proficiency in the Essential Skills in English.

(3) Consistent with OAR 581-022-0615, school districts and public charter schools must adopt a policy whether to allow ELL students to demonstrate proficiency in Essential Skills other than “Apply mathematics in a variety of settings” in the students’ language of origin for those ELL students who by the end of their 11th grade year:

(a) Meet the criteria in Section 2(a)-(b) of this rule;

(b) Have been enrolled in a U.S. school for five (5) years or less; and

(c) Have demonstrated sufficient English language skills using an English language proficiency assessment option that is approved by the State Board of Education. ODE will issue final notice of the State Board of Education’s adoption of English language proficiency assessment options by March 1 of each year as an addendum to the Test Administration Manual.

(4) If a school district or public charter school adopts a policy allowing ELL students to demonstrate proficiency in the Essential skills in the students’ language of origin under Sections 2 and 3 of this rule, that policy must include the following:

(a) Development of a procedure to provide assessment options as described in the Test Administration Manual in the ELL students’ language of origin for those ELL students who meet the criteria in Section 2(a)-(b) of this rule.

(b) Development of a procedure to ensure that locally scored assessment options administered in an ELL student’s language of origin are scored by a qualified rater.

Stat. Auth.: ORS 329.451, 338.025, 339.115, and 339.505

Stats. Implemented: 329.045, 329.075, 329.485, and 338.115

Hist.: ODE 18-2010, f. & cert. ef. 12-17-10

 

Rule Caption: Updates and clarifies rule relating to private career school licenses.

Adm. Order No.: ODE 19-2010

Filed with Sec. of State: 12-17-2010

Certified to be Effective: 1-1-11

Notice Publication Date: 8-1-2010

Rules Amended: 581-045-0009

Subject: The rule amendment provides clarity regarding the components and level of detail required for those components for instructional programs in private career schools.

Rules Coordinator: Diane Roth—(503) 947-5791

581-045-0009

Instructional Programs

(1) All schools shall:

(a) Offer programs of quality, content and duration, that are based on specific industry standards or an occupational task analysis, and with appropriate entrance criteria, instructional materials, staff, equipment and facilities to prepare students for the programs’ occupational objectives; and

(b) Operate programs evaluated by appropriate program advisory committees as defined in OAR 581-045-0013, unless a program is exempt from the advisory committee requirement under 581-045-0014. Materials for exempt programs will be reviewed by the Superintendent to determine the adequacy and appropriateness of the instructional methodology. The school shall prepare instructional design documentation for review, evaluation and analysis that includes:

(A) A program outcome summary for each program offered that clearly states the program title, duration, educational or professional technical objective(s) of the program, and the job(s) title and level for which the training prepares the student. In addition the program outcome summary must include the following information:

(i) A description of the target population for enrollment;

(ii) The entrance requirements and prerequisite knowledge or skills needed to enroll;

(iii) Any state license exams or other certifications the student will be prepared to take upon successful completion of the program;

(B) A list of the industry standards or the occupational task analysis used to formulate the instructional design, and the associated competencies for each standard or occupational task;

(C) A list of core abilities taught in the program and the associated competencies, if any;

(D) A list of competencies taught in the program, sequenced by learning plans;

(E) All learning plans, which shall include:

(i) Core abilities and competencies taught in the lesson;

(ii) Learning objectives for each competency;

(iii) Learning activities that achieve the learning objectives;

(iv) Sequence of learning activities;

(v) Performance assessment statement(s);

(F) The performance assessment(s) plan(s) for each competency, which shall include directions for the student and the evaluator, the performance conditions and criteria, and checklists, rubrics, or scoring guides used;

(G) A program map indicating the number of clock hours allowed for each course and for each unit or major topic within each course.

(i) If the school is approved to use a credit hour measurement, an explanation of how credit hours convert to clock hours must also be submitted;

(ii) If the instructional program is self-directed or measured in lessons, the total number of clock hours for the program and how that number is derived, the total number of lessons, and the maximum time allowed for completion of the program must be submitted.

(H) A teaching syllabus for each course in each program , copies of written instructional materials used by the students or citations for specific editions of textbooks used, and an inventory of instructional equipment and materials (including software and AV materials) available to be used in the programs; the content of the syllabus shall follow the sample provided by the Department;

(I) The grading system, standards of satisfactory progress, attendance and performance required of students in the program, as referenced in 581-045-0019;

(c) Submit additional documentation that includes:

(A) A description of the instructional area or facility with space allocations and dimensions, equipment placement, and teaching stations for each program appropriately indicated;

(B) A description of the admission requirements and process for evaluating those requirements, including the criteria or tests used in the selection and placement of enrollees for the program;

(C) Labor market information, updated every two years with data no more than three years old, as described in OAR 581-045-0006(11); and

(D) A written placement assistance plan for assisting graduates in efforts to obtain employment in the field for which training was offered, or a related field, as described in 581-045-0019.

(2) The program advisory committee shall submit to the school and the Superintendent its analysis of the quality, content, duration and curriculum sequencing of the program of study, instructional materials, equipment and facilities provided to prepare the student in skills currently necessary for entry level employment in the occupation for which the program was designed:

(a) Program material prepared for the program advisory committee, as prescribed in subsections (1)(b) and (c)of this rule, will be filed with the Superintendent ;

(b) The Superintendent may review:

(A) The school’s program development procedures; and

(B) The program advisory committee’s involvement in program development;

(c) The Superintendent will review the instructional design materials and the program advisory committee’s analysis of the adequacy of the program and reject or accept the committee’s findings. The Superintendent’s written approval is required prior to commencement of any marketing, recruitment, enrollment or instructional activities.

Stat. Auth.: ORS 345.080

Stats. Implemented: ORS 345.080

Hist.: ODE 32-2000, f. 12-11-00 cert. ef. 1-1-01; ODE 19-2010, f. 12-17-10, cert. ef. 1-1-11

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, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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