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Oregon Bulletin

February 1, 2014

Oregon Department of Education, Chapter 581

Rule Caption: Strategic Investments — Guiding Principles

Adm. Order No.: ODE 28-2013

Filed with Sec. of State: 12-18-2013

Certified to be Effective: 12-18-13

Notice Publication Date: 11-1-2013

Rules Adopted: 581-017-0005, 581-017-0010, 581-017-0020

Subject: The rules establish common definitions to be used in the grant programs established to implement the three strategic investments in the provisions of HB 3232: Oregon Early Reading Program, Guidance and Support for Postsecondary Aspirations Program, and Connecting to the World of Work Program.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-017-0005

Definitions

The following definitions apply to Oregon Administrative Rules in division 17, chapter 581 that implement strategic investments as part of the Oregon Early Reading Program, Guidance and Support for Post-Secondary Aspirations Program and Connecting to the World of Work Program:

(1) “40-40-20 goal” means the mission of Oregon’s education system as described in ORS 351.009.

(2) “Achievement gap” means the research-based gap in achievement that often exists between students who are economically disadvantaged, students learning English as a second language, African American, Hispanic or Native American and their peers.

(3) “Network” means the Network of Quality Teaching and Learning established by chapter 661, Oregon Law 2013 (Enrolled House Bill 3233).

(4) “Students who are economically disadvantaged” means students who are eligible for free or reduced price school meals.

Stat. Auth.: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Stats. Implemented: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Hist.: ODE 15-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 28-2013, f. & cert. ef. 12-18-13

581-017-0010

Equity Lens

(1) The Department of Education will apply the Equity Lens adopted by the Oregon Education Investment Board when administering the strategic investments including when determining resource allocation and making strategic investments.

(2) Specifically the Department shall consider the following:

(a) Who are the racial or ethnic and underserved groups affected? What is the potential impact of the resource allocation and strategic investment to these groups?

(b) Does the decision being made ignore or worsen existing disparities or produce other unintended consequences? What is the impact on eliminating the opportunity gap?

(c) How does the resource allocation or strategic investment advance the 40-40-20 goal?

(d) What are the barriers to more equitable outcomes? (e.g., mandated, political, emotional, financial, programmatic or managerial)

(e) How has the Department intentionally involved stakeholders who are also members of the communities affected by the resource allocation or strategic investment? How does the Department validate its assessment in paragraphs (a), (b) and (c) of this subsection?

(f) How will the Department modify or enhance the strategic investment to ensure each learner and communities’ individual and cultural needs are met?

(g) How is the Department collecting data on race, ethnicity, and native language relating to the strategic investments?

(h) What is the Department’s commitment to P-20 professional learning for equity? What resources is the Department allocating for training in cultural responsive instruction?

Stat. Auth.: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Stats. Implemented: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Hist.: ODE 15-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 28-2013, f. & cert. ef. 12-18-13

581-017-0020

Timelines and Performance Measures

Recipients of strategic investment grant funds shall meet timelines, performance measures and other requirements related to the accumulation and evaluation of data collected as required by the Oregon Education Investment Board and the Oregon Department of Education.

Stat. Auth.: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Stats. Implemented: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Hist.: ODE 15-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 28-2013, f. & cert. ef. 12-18-13


Rule Caption: Employment-related transition services for transition-age students.

Adm. Order No.: ODE 29-2013

Filed with Sec. of State: 12-18-2013

Certified to be Effective: 12-18-13

Notice Publication Date: 10-1-2013

Rules Adopted: 581-015-2930

Rules Amended: 581-015-2000, 581-015-2245

Subject: The rule implements the policies described in Executive Order 13-04 related to the Department of Education’s involvement with integrated employment services. The rule directs the Department to establish the Statewide Transition Assistance Network to provide services related to employment-related transition services for transition-age students.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-015-2000

Definitions

The definitions below apply to OARs 581-015-2000–2999, unless the context indicates otherwise.

(1) “Adult student” is a student for whom special education procedural safeguard rights have transferred as described in OAR 581-015-2325.

(2) “Assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.

(3) “Assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes:

(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child’s customary environment;

(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;

(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

(d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(e) Training or technical assistance for a child with a disability or, if appropriate, that child’s family; and

(f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child.

(4) “Children with disabilities” or “students with disabilities” means children or students who require special education because of: autism; communication disorders; deafblindness; emotional disturbances; hearing impairments, including deafness; intellectual disability; orthopedic impairments; other health impairments; specific learning disabilities; traumatic brain injuries; or visual impairments, including blindness.

(a) “Autism” means a developmental disability significantly affecting verbal and nonverbal communication and social interaction that adversely affects a child’s educational performance. Other characteristics that may be associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. Essential features are typically but not necessarily manifested before age three. Autism may include autism spectrum disorders such as but not limited to autistic disorder, pervasive developmental disorder, not otherwise specified, and Asperger’s syndrome. The term does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance. However, a child who qualifies for special education under the category of autism may also have an emotional disturbance as a secondary disability if the child meets the criteria under emotional disturbance.

(b) “Communication Disorder” means the impairment of speech articulation, voice, fluency, or the impairment or deviant development of language comprehension and/or expression, or the impairment of the use of a spoken or other symbol system that adversely affects educational performance. The language impairment may be manifested by one or more of the following components of language: morphology, syntax, semantics, phonology, and pragmatics.

(c) “Deafblindness” means having both hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that the child cannot be accommodated in special education programs designed solely for students having hearing or visual impairments.

(d) “Emotional Disturbance” means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance:

(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors;

(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

(C) Inappropriate types of behavior or feelings under normal circumstances;

(D) A general pervasive mood of unhappiness or depression; or

(E) A tendency to develop physical symptoms or fears associated with personal or school problems;

(F) The term includes schizophrenia but does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.

(e) “Hearing Impairment” means a hearing condition, whether permanent or fluctuating, that adversely affects a child’s educational performance. The term includes those children who are hard of hearing or deaf.

(f) “Intellectual Disability” means significantly sub average general intellectual functioning, and includes a student whose intelligence test score is two or more standard deviations below the norm on a standardized individual intelligence test, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, and that adversely affects a child’s educational performance.

(g) “Orthopedic Impairment” means a motor disability that adversely affects the child’s educational performance. The term includes impairments caused by an anomaly, disease or other conditions (e.g., cerebral palsy, spinal bifida, muscular dystrophy or traumatic injury).

(h) “Other Health Impairment” means limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment, that:

(A) Is due to chronic or acute health problems (e.g. a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, attention deficit disorder, attention deficit hyperactivity disorder, leukemia, Tourette’s syndrome or diabetes); and

(B) Adversely affects a child’s educational performance.

(i) “Specific Learning Disability” means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or do mathematical calculations. Specific learning disability includes conditions such as perceptual disabilities, brain injury, dyslexia, minimal brain dysfunction, and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, intellectual disability, emotional disturbance, or environmental, cultural, or economic disadvantage.

(j) “Traumatic Brain Injury” means an acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. The term includes open or closed head injuries resulting in impairments in one or more areas, including cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not include brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.

(k) “Visual Impairment” means a visual impairment that, even with correction, adversely affects a child’s educational performance. The term includes those children who are partially sighted or blind.

(5) “Consent” means that:

(a) The parent or adult student has been fully informed of all information relevant to the activity for which consent is sought, in the parent’s native language or other mode of communication;

(b) The parent or adult student understands and agrees in writing to the carrying out of the activity for which consent is sought; and the consent describes that activity and lists any records that will be released and to whom; and

(c) The parent or adult student understands that the granting of consent is voluntary and may be revoked at any time in accordance with OAR 581-015-2090(4) or 581-015-2735.

(6) “Day” means calendar day unless otherwise indicated as:

(a) “Business day,” which means Mondays through Fridays, other than holidays; or as

(b) “School day,” which means any day, including partial days that children are in attendance at school for instructional purposes. The term “school day” has the same meaning for all children in school, including those with and without disabilities.

(7) “Department” means the Oregon Department of Education.

(8) “EI/ECSE” means early intervention/early childhood special education and refers to services or programs for preschool children with disabilities.

(9) “Elementary or secondary school or facility” means a school or facility with any combination of grades K through 12.

(10) “Evaluation” means procedures used to determine whether the child has a disability, and the nature and extent of the special education and related services that the child needs.

(11) “General education curriculum” means the same curriculum as for children without disabilities (children without disabilities). For preschool children with disabilities, the term means age-appropriate activities.

(12) “Health assessment statement” means a written statement issued by a nurse practitioner licensed by a State Board of Nursing specially certified as a nurse practitioner, or by a physician assistant licensed by a State Board of Medical Examiners. Both a nurse practitioner and a physician assistant must be practicing within his or her area of specialty.

(13) “Homeless children” (or “homeless youth”) has the same meaning as in section 725 of the McKinney-Vento Act, 42 USC ¦ 11434a(2).

(14) “Identification” means the process of determining a child’s disability and eligibility for special education and related services.

(15) “Individualized Education Program” (IEP) means a written statement of an educational program which is developed, reviewed, revised and implemented for a school-aged child with a disability.

(16) “Individualized Family Service Plan” (IFSP) is defined in OAR 581-051-2700.

(17) “Limited English proficient” has the same meaning as in the Elementary and Secondary Education Act, 20 USC ¦ 9101(25).

(18) “Mediation” means a voluntary process in which an impartial mediator assists and facilitates two or more parties to a controversy in reaching a mutually acceptable resolution of the controversy and includes all contacts between a mediator and any party or agent of a party, until such a time as a resolution is agreed to by the parties or the mediation process is terminated.

(19) “Medical statement” means a written statement issued by a physician licensed by a State Board of Medical Examiners.

(20) “Native language”, when used with respect to a person who is limited English proficient, means the language normally used by that person or, in the case of a child, the language normally used by the parent of the child. For an individual with deafness, blindness, deafblindness or no written language, the term means the mode of communication normally used by the person (such as sign language, Braille, or oral communication). In direct contact with a child, the term means the language normally used by the child.

(21) “Parent” means:

(a) One or more of the following persons:

(A) A biological or adoptive parent of the child;

(B) A foster parent of the child,

(C) A legal guardian, other than a state agency;

(D) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or

(E) A surrogate parent who has been appointed in accordance with OAR 581-015-2320, for school-age children, or 581-015-2760 for preschool children.

(b) Except as provided in subsection (c), if more than one party is qualified under subsection (a) to act as a parent and the biological or adoptive parent is attempting to act as the parent, the biological or adoptive parent is presumed to be the parent unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.

(c) If a judicial decree or order identifies a specific person under subsection (a) to act as the parent of a child or to make educational decisions on behalf of a child, then that person will be the parent for special education purposes.

(22) “Participating agency” means a state or local agency, other than the school district responsible for a student’s education, that is financially and legally responsible for providing transition services to the student.

(23) “Personally identifiable information” means information as defined in the Family Educational Rights and Privacy Act (FERPA), found at 34 CFR 99.3, which includes, but is not limited to:

(a) The name of the child, the child’s parent or other family member;

(b) The address of the child or the child’s family;

(c) A personal identifier, such as the child’s social security number or student number, or biometric record; and

(d) Other indirect identifiers, such as the child’s date of birth, place of birth, and mother’s maiden name;

(e) Other information that alone or in combination is linked or linkable to a specific child that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the child with reasonable certainty; or

(f) Other information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

(24) “Placement” means educational placement, not social service placement by a state agency.

(25) “Preschool child” means “preschool child with a disability” as defined under OAR 581-015-2700.

(26) “Private school” means an educational institution or agency not operated by a public agency.

(27) “Public agency” means a school district, an education service district, a state agency or institution, EI/ECSE contractor or subcontractor, responsible for early intervention, early childhood special education or special education.

(28) “Related services” includes transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education, and includes orientation and mobility services, speech language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation including therapeutic recreation, school health services and school nurse services, counseling services, including rehabilitation counseling services, social work services in schools, parent counseling and training, school health services and medical services for diagnostic or evaluation purposes, and includes early identification and assessment of disabling conditions in children. This definition incorporates the exception for services for children with surgically implanted devices, including cochlear implants, in 34 CFR 300.34(b) and the definitions for individual related services in 34 CFR 300.34(c).

(29) “School age child or children” means a child or children who have reached 5 years of age but have not reached 21 years of age on or before September 1 of the current school year.

(30) “Scientifically Based Research” is defined in section 9101(37) of the Elementary and Secondary Education Act of 1965, as amended ESEA.

(31) “School district” means the public education agency (school district, ESD, or state agency) that is responsible by statute, rule or contract for providing education to children with disabilities.

(32) “Services plan” is defined in OAR 581-015-2450.

(33) “Sheltered Workshop” means a facility based service that congregates more than eight adults with intellectual or developmental disabilities which is operated by a service provider entity that employs only individuals with an intellectual or developmental disability , as defined in OAR 411-320-0020, except for service or support staff. Facility-based assessments, instruction, and activities that typically occur in public schools and that are provided either directly or by contract by public school, public charter school, an Educational Service District, or the Department of Education, in a school setting, are not sheltered workshops.

(34) “Short term objectives” means measurable intermediate performance steps that will enable parents, students and educators to gage, at intermediate times during the year, how well the child is progressing toward the annual goals by either:

(a) Breaking down the skills described in the goal into discrete components, or

(b) Describing the amount of progress the child is expected to make within specified segments of the year.

(35) “Special education” means specially designed instruction that is provided at no cost to parents to meet the unique needs of a child with a disability “Special education” includes instruction that:

(a) May be conducted in the classroom, the home, a hospital, an institution, a special school or another setting; and

(b) May involve physical education services, speech language services, transition services or other related services designated by rule to be services to meet the unique needs of a child with a disability.

(36) “Specially designed instruction” means adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction:

(a) To address the unique needs of the child that result from the child’s disability; and

(b) To ensure access of the child to the general curriculum, so that he or she can meet the educational standards within the jurisdiction of the public agency that apply to all children.

(37) “Supplementary aids and services” means aids, services and other supports that are provided in regular education classes or other education-related settings and in extracurricular and nonacademic settings to enable children with disabilities to be educated with children without disabilities to the maximum extent appropriate.

(38) “Superintendent” means the State Superintendent of Public Instruction or the designee of the State Superintendent of Public Instruction.

(39) “Surrogate parent” means an individual appointed under OAR 581-015-2320 for school age children or 581-015-2760 for preschool children who acts in place of a biological or adoptive parent in safeguarding a child’s rights in the special education decision-making process.

(40) “Transition services” means a coordinated set of activities for a student with a disability that:

(a) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student to facilitate the student’s movement from school to post school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

(b) Is based on the individual student’s needs, taking into account the student’s preferences and interests; and

(c) Includes:

(A) Instruction;

(B) Related services;

(C) Community experiences;

(D) The development of employment and other post school adult living objectives; and

(E) If appropriate, acquisition of daily living skills and functional vocational evaluation; and

(d) May be special education, if provided as specially designed instruction, or related services, if required to assist a student with a disability to benefit from special education.

(41) “Ward of the state” means child who is in the temporary or permanent custody of, or committed to, the Department of Human Services or Oregon Youth Authority through the action of the juvenile court.

Stat. Auth.: ORS 343.041, 343.045, 343.155 & 343.223

Stats. Implemented: ORS 343.045, 343.155, 343.223, 34 CFR 300.5, 300.6, 300.8, 300.11, 300.15, 300.19, 300.22, 300.27, 300.28, 300.29, 300.30, 300.34, 300.37, 300.39, 300.42, 300.43 & 300.45

Hist.: 1EB 8-1978, f. & ef. 3-3-78; 1EB 35-1978, f. & ef. 10-5-78; 1EB 18-1979(Temp), f. & ef. 11-15-79; 1EB 5-1980, f. 2-22-80, ef. 2-23-80; 1EB 18-1983(Temp), f. & ef. 12-20-83; 1EB 5-1985, f. 1-30-85, ef. 1-31-85; EB 39-1988(Temp), f. & cert. ef. 11-15-88; EB 18-1989, f. & cert. ef. 5-15-89; EB 28-1989(Temp), f. & cert. ef. 10-16-89; EB 3-1990, f. & cert. ef. 1-26-90; EB 25-1991(Temp), f. & cert. ef. 11-29-91; EB 16-1992, f. & cert. ef. 5-13-92; EB 9-1993, f. & cert. ef. 3-25-93; EB 18-1994, f. & cert. ef. 12-15-94; EB 22-1995, f. & cert. ef. 9-15-95; ODE 10-2000, f. & cert. ef. 5-3-00; ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-0005, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08; ODE 13-2009, f. & cert. ef. 12-10-09; ODE 12-2011, f. & cert. ef. 10-31-11; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12; ODE 29-2013, f. & cert. ef. 12-18-13

581-015-2245

Alternative Placements and Supplementary Aids and Services

School districts must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. The continuum must:

(1) Include as alternative placements, instruction in regular classes, special classes, special schools, home instruction and instruction in hospitals and institutions; and

(2) Make provision for supplementary aids and services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.

(3) Not include sheltered workshops as defined in OAR 581-015-2000.

Stat. Auth.: ORS 343.041, 343.045 & 343.055,

Stats. Implemented: ORS 343.045 & 343.155, 34 CFR 300.115

Hist.: 1EB 269, f. & ef. 12-22-77; EB 11-1995; f. & cert. ef. 5-25-95; ODE 31-1999, f. 12-13-99, cert. ef. 12-14-99; Renumbered from 581-015-0060, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 29-2013, f. & cert. ef. 12-18-13

581-015-2930

Employment-Related Transition Services

(1) This rule establishes the policies of Executive Order No. 13-04, related to the Department of Education’s involvement with integrated employment services.

(2) For purposes of this rule, the following definitions apply:

(a) “Education Goals” means the following goals:

(A) Families, students, and educators will have the expectation that individuals with intellectual and developmental disabilities will work in integrated, community-based settings;

(B) Students transitioning to adult services will be prepared to transition to integrated work experiences; and

(C) Statewide systems will be coordinated to reach the goal of integrated employment opportunities as an outcome of students’ education.

(b) “Transition age student” means a student with disabilities who is eligible for transition services under the Individuals with Disabilities Education Act (IDEA) and OAR 581-015-2200.

(c) “Transition Technical Assistance” is the substance of the work of the Statewide Transition Technical Assistance Network (TTAN) and includes development of competencies for teachers, administrators, and other educational service providers that include:

(A) Developing transition-related curriculum and instructional approaches which are consistent with the Education Goals;

(B) Developing outcome-based transition planning approaches that use precepts of discovery and person-centered planning;

(C) Implementing transition-related instructional approaches for students with disabilities, such as those that are community based, and which may include, but are not limited to, authentic experiences such as internships, mentorships, youth work experiences, job skill related instruction, and job shadowing;

(D) Facilitating and managing interagency teams and resources to help ensure students and families may utilize resources from applicable state agencies, local education agencies, and other available resources; and

(E) Encouraging the implementation of transition services in schools that are consistent with the Education Goals.

(F) Assisting Local Education Agencies to meet the requirements of OAR 581-015-2245 regarding the placement of students.

(3) The Department shall establish a statewide TTAN to assist high schools in Oregon in providing transition services. The TTAN shall seek to ensure that the Education Goals are implemented in assessment, curriculum, and instruction for transition age students.

(4) This rule and its provisions are not intended to expand or replace the obligations of the State or its schools under the IDEA.

Stat. Auth.: ORS 343.041, 343.045 & 343.055,

Stats. Implemented: ORS 343.041, 343.045 & 343.055

Hist.: ODE 29-2013, f. & cert. ef. 12-18-13


Rule Caption: Network for Quality Teaching and Learning - Guiding Principles

Adm. Order No.: ODE 30-2013

Filed with Sec. of State: 12-18-2013

Certified to be Effective: 12-18-13

Notice Publication Date: 11-1-2013

Rules Adopted: 581-018-0005, 581-018-0010, 581-018-0020

Subject: The rules establish common definitions to be used in the grant programs established as part of the Network of Quality Teaching and Learning. The rules also incorporate the Equity Lens adopted by the Oregon Education Investment Board and direct the Department of Education to apply the Equity Lens when determining resource allocation and awarding grants and contracts.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-018-0005

Definitions

The following definitions apply to Oregon Administrative Rules in division 18, chapter 581 that implement the Network of Quality Teaching and Learning:

(1) “40-40-20 goal” means the mission of Oregon’s education system as described in ORS 351.009

(2) “Achievement gap” means the research based gap in achievement that often exists between students who are economically disadvantaged, students learning English as a second language, African American, Hispanic or Native American and their peers.

(3) “Network” means the Network of Quality Teaching and Learning established by chapter 661, Oregon Law 2013 (Enrolled House Bill 3233).

(4) “Students who are economically disadvantaged” means students who are eligible for free or reduced price school meals.

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 16-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 30-2013, f. & cert. ef. 12-18-13

581-018-0010

Equity Lens

(1) The Department of Education will apply the Equity Lens adopted by the Oregon Education Investment Board when administering the network including when determining resource allocation and awarding grants and contracts.

(2) Specifically the Department shall consider the following:

(a) Who are the racial or ethnic and underserved groups affected? What is the potential impact of the resource allocation and grant or contract award to these groups?

(b) Does the decision being made ignore or worsen existing disparities or produce other unintended consequences? What is the impact on eliminating the opportunity gap?

(c) How does the resource allocation or grant or contract award advance the 40-40-20 goal?

(d) What are the barriers to more equitable outcomes? (e.g., mandated, political, emotional, financial, programmatic or managerial)

(e) How has the Department intentionally involved stakeholders who are also members of the communities affected by the resource allocation or grant or contract? How does the Department validate its assessment in paragraphs (a), (b) and (c) of this subsection?

(f) How will the Department modify or enhance the grant or contract to ensure each learner and communities’ individual and cultural needs are met?

(g) How is the Department collecting data on race, ethnicity, and native language relating to the grants and contracts?

(h) What is the Department’s commitment to P-20 professional learning for equity? What resources is the Department allocating for training in cultural responsive instruction?

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 16-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 30-2013, f. & cert. ef. 12-18-13

581-018-0020

Timelines and Performance Measures

Recipients of network grant or contract funds shall meet timelines, performance measures and other requirements related to the accumulation and evaluation of data collected as required by the Oregon Education Investment Board and the Oregon Department of Education.

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 16-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 30-2013, f. & cert. ef. 12-18-13


Rule Caption: Expanded Reading Opportunities Grant

Adm. Order No.: ODE 31-2013

Filed with Sec. of State: 12-18-2013

Certified to be Effective: 12-18-13

Notice Publication Date: 11-1-2013

Rules Adopted: 581-017-0100, 581-017-0105, 581-017-0110, 581-017-0115

Subject: Under the Early Reading Program, a strategic investment was designated by the Legislature and the Department of Education for the purpose of extending or expanding reading opportunities in public schools that meet criteria established by the Board by providing adult support, programs offered during non-school hours, or increased access to technology. The rules establish the Expanded Reading Opportunities Grant. These grants are designated for focus and priority schools that serve students in kindergarten through grade 3.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-017-0100

Definitions

The following definitions apply to 581-017-0100 to 581-017-0115:

(1) “CAP (Comprehensive Achievement Plan)” means the plan for program improvement that all Focus and Priority Schools are required to develop and implement. It describes the school’s goals, tasks necessary to achieve those goals, and who is responsible for completion of each activity with anticipated due dates. The CAP is the vehicle for communication between the school and the Oregon Department of Education outlining the actions a school takes to implement interventions prescribed by the School Appraisal Team. The CAP, developed collaboratively by the district, school, and a team of educators and community members, commits the school to evidence-based interventions and fixed improvement goals.

(2) “Focus Schools” are those ranked in the fifth to the fifteenth percentile in overall rating and are:

(a) Within-School Gap: Title I schools with the largest within school achievement or graduation gaps, or

(b) With Low Achieving Subgroup: Title I schools with a subgroup or subgroups with low achievement in reading and mathematics, combined, or a subgroup with low graduation, or

(c) With Low Graduation Rate: Title I high schools with graduation rates under 60 percent that were not already identified as Priority Schools.

(3) “Focus and Priority Schools” means schools that were identified using the Department of Education’s overall rating system that analyzed 2011-2012 student achievement data and graduation rates.

(4) “Priority Schools” are those schools satisfying at least one of the following:

(a) School Improvement Grant (SIG): A Tier I or Tier II school receiving funding under the SIG program.

(b) Low Graduation Rate: A Title I-participating high school with a graduation rate of less than 60 percent.

(c) Low Achievement: Among the lowest five percent of Title I schools in the state based on the percent of students meeting state benchmarks in reading and mathematics combined for 2010-11 and 2011-12 that is not a high-progress school.

(5) “SIG Schools” means the schools that have received the 3-year School Improvement Program Grant and whom begun their work during the 2010–2011 (Cohort 1) or 2011–2012 (Cohort 2) school years.

Stat. Auth.: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Stats. Implemented: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Hist.: ODE 19-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 31-2013, f. & cert. ef. 12-18-13

581-017-0105

Establishment

(1) The Expanded Reading Opportunities Grant is established as part of the Early Reading Program Strategic Investment.

(2) The purposes of the program are to:

(a) Extend and expand reading opportunities in public schools; and

(b) Improve the reading proficiency of students by the time the students complete the third grade.

Stat. Auth.: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Stats. Implemented: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Hist.: ODE 19-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 31-2013, f. & cert. ef. 12-18-13

581-017-0110

Eligibility

The Department of Education shall allocate funds for the Expanded Reading Opportunities Grant to schools based on the following eligibility criteria:

(1) Schools must be a designated Focus or Priority School.

(2) Schools must serve students in at least one grade from kindergarten through grade 3.

(3) Schools must not have received a SIG grant.

(4) Schools must use the funds in alignment with their CAP.

(5) Schools must use the funds to extend or expand reading opportunities by:

(a) Providing adult support;

(b) Offering programs during non-school hours; or

(c) Increasing access to technology.

Stat. Auth.: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Stats. Implemented: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Hist.: ODE 19-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 31-2013, f. & cert. ef. 12-18-13

581-017-0115

Implementation Grant Funding

(1) The Department of Education may award at least $40,000 for the 2013-2014 school year to each eligible Focus and Priority School that applies and meets the criteria.

(2) For the 2014-2015 school year each eligible Focus and Priority School that applied may be awarded an equal amount based on the amount available.

(3) The Department may not award more than $4 million dollars in total per biennium for Expanded Reading Opportunities Grants.

(4) School that receive funds under the grant program may not use those funds for administrative costs.

Stat. Auth.: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Stats. Implemented: 2013 OL Ch. 660, Sec. 1 (Enrolled HB 3232)

Hist.: ODE 19-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 31-2013, f. & cert. ef. 12-18-13


Rule Caption: Establishes a Dual-Language/Two-Way Bilingual Grant Program

Adm. Order No.: ODE 32-2013

Filed with Sec. of State: 12-18-2013

Certified to be Effective: 12-18-13

Notice Publication Date: 11-1-2013

Rules Adopted: 581-018-0200, 581-018-0205, 581-018-0210, 581-018-0215, 581-018-0220, 581-018-0225

Subject: HB 3233 established a Network of Quality Teaching and Learning, and provides funding for a comprehensive system of support for educators that creates a culture of leadership, professionalism, continuous improvement and excellence for teachers and leaders across the P-20 system. One of the purposes of the network is to distribute funding to school districts, nonprofit organizations and postsecondary institutions for the purpose of closing the achievement gaps by providing and improving the effectiveness of professional development, implementing data-driven decision making, supporting practice communities and implementing culturally competent practices.

   The rules establish a Dual-Language/Two-Way Bilingual Grant program as one of the methods to address this specific direction in HB 3233. The purpose of the grant program is to support school districts and public charter schools to design, implement and improve dual language/two-way bilingual programs.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-018-0200

Definitions

The following definitions apply to OAR 581-018-0200 to 581-018-0225:

(1) “Dual-Language/Two-Way Bilingual Grant” means the Grant established in OAR 581-018-0205 to implement section 1(3)(f), chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233).

(2) “Dual-Language” means instruction in English and a targeted language.

(3) “Two-Way Bilingual” means two-way programs that have the demographics to invite native-English-speaking students to join their bilingual and English Language Learner peers in an integrated bilingual classroom.

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 17-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 32-2013, f. & cert. ef. 12-18-13

581-018-0205

Establishment

(1) There is established the Dual-Language/Two-Way Bilingual Grant to support school districts and public charter schools to design, implement and improve dual language/two-way bilingual programs. The programs assist students in becoming academically proficient in two languages by providing research based enrichment schooling that closes the academic achievement gap in English and continues to develop a student’s first language.

(2) Subject to available funds, the grants will be awarded for three years and in three phases:

(a) Planning phase.

(b) Implementation phase.

(c) Program evaluation phase.

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 17-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 32-2013, f. & cert. ef. 12-18-13

581-018-0210

Eligibility

(1) The following entities shall be eligible to receive the Dual-Language/Two-Way Bilingual Grant:

(a) School districts;

(b) Public charter schools; and

(c) Consortium of school districts, public charter schools, non-profit organizations or post-secondary institutions. Each consortium must have at least one school district or public charter school as a member.

(2) A single grant proposal may include more than one eligible applicant, but the fiscal agent must be one of the eligible applicants identified in subsection (1)(a) or (b) of this rule.

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 17-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 32-2013, f. & cert. ef. 12-18-13

581-018-0215

Criteria

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted each biennium for which the Dual-Language/Two-Way Bilingual grant funds are available. All proposals must comply with the requirements of section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233) and rules adopted to implement that section.

(2) Grants shall be awarded based on the following criteria:

(a) Whether the grant application identifies how the funds will be used to reach the 40-40-20 goal and improve education outcomes identified by the Oregon Education Investment Board as contained in the achievement compact of the applicant.

(b) Whether the grant application demonstrates school district or public charter school support, commitment and readiness to design a Dual Language/Two-Way Bilingual Grant program.

(3) The Department shall give priority to proposals that meet the minimum criteria and:

(a) Provide a sustainability plan to continue the program for at least two additional years after the third year of the grant.

(b) The extent to which the applicant clearly documents its capacity to implement and carry out the Dual-Language/Two-Way Bilingual program, including demonstrated intentions to work in a collaborative way with other grantees.

(4) The Department of Education shall allocate funds for the grant program based on the evaluation of the grant application and the following considerations:

(a) Geographic location of district to insure geographic diversity within the recipients of grant program funds throughout the state;

(b) Districts who have achievement gap between subgroup populations;

(c) Districts who have a high level of students who are economically disadvantaged; and

(d) Give preference to entities that have demonstrated success in improving student outcomes.

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 17-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 32-2013, f. & cert. ef. 12-18-13

581-018-0220

Funding

(1) Each grantee may receive up to $120,000 which shall be awarded as following:

(a) 25 percent of the grant amount in year one for the planning phase.

(b) 50 percent of the grant amount in year two for the implementation phase.

(c) 25 percent of the grant amount in year two for year three for the program evaluation phase.

(2) Grantees shall use funds received for the planning phase to engage administrators, teachers, parents and the community in the planning of the program with a focus on building school and school district capacity to sustain efforts.

(3) Grantees must be able to expend the funds for allowable purposes specified in the request for proposal within the grant timeline according to acceptable accounting procedures.

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 17-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 32-2013, f. & cert. ef. 12-18-13

581-018-0225

Reporting

The Oregon Department of Education shall provide to grant recipients a template for an interim and final grant report. Grantees are required to submit a final report prior to receiving their final request for funds.

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 17-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 32-2013, f. & cert. ef. 12-18-13


Rule Caption: Modifies school district collaboration grant rules

Adm. Order No.: ODE 33-2013

Filed with Sec. of State: 12-18-2013

Certified to be Effective: 12-18-13

Notice Publication Date: 11-1-2013

Rules Adopted: 581-018-0100, 581-018-0105, 581-018-0110, 581-018-0115, 581-018-0120, 581-018-0125

Subject: The rules implement the collaboration grant as part of the Network for Quality Teaching and Learning established by HB 3233. The rules specify eligibility, award criteria, funding amounts and reporting.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-018-0100

Definitions

The following definitions apply to 581-018-0100 to 581-018-0125:

(1) “Blueprints” means a description of the components of a school district’s strategies for implementation and integration of the four areas: career pathways, evaluation processes, compensation models and enhanced professional development for teachers and administrators.

(2) “Career pathways” means descriptions of professional career achievement and advancement (e.g., Novice, Emerging Professional, Master Teacher) or specialized roles (e.g., Mentor Teacher, Master Teacher), and opportunities to increase professional responsibilities.

(3) “Compensation models” means alternative salary advancement systems based on a variety of elements aside from seniority (e.g., weighed systems based on professional involvement, increased expertise).

(4) “Design grants” means grants intended for districts or consortia of districts to create blueprints for implementation that integrate the four areas of: career pathways, evaluation processes, compensation models and enhanced professional development.

(5) “Enhanced professional development” means professional learning opportunities that are ongoing, collaborative in nature, and aligned to the needs of educators identified through the evaluation process and student data.

(6) “Evaluation processes” means an educator performance evaluation system based on collaboration, that includes, but is not limited to standards of professional practice, four-level rubrics, multiple measures of professional practice, professional responsibilities and student learning and growth, an evaluation and growth cycle and professional learning aligned to student and educator performance data.

(7) “Implementation Grants” means grants intended for districts or consortia of districts to implement their blueprint designs.

Stat. Auth.: ORS 329.838

Stats. Implemented: ORS 329.838

Hist.: ODE 18-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 33-2013, f. & cert. ef. 12-18-13

581-018-0105

Eligibility

(1) The following shall be eligible to receive a School District Collaboration Grant:

(a) School districts;

(b) Consortium of school districts.

(2) To be eligible for a design grant:

(a) Districts must not have received a federal Teacher Incentive Fund (TIF) grant; and

(b) Districts must not be receiving CLASS grant dollars during the school year for which the funds received under the application for a design grant would be expended.

(3) To be eligible for an implementation grant:

(a) Districts must not have received a federal Teacher Incentive Fund (TIF) grant; and

(b) Districts must not have received three or more years of implementation funding from either the Creative Leadership Achieves Student Success (CLASS) or the District Collaboration Fund; and

(c) Districts must not be receiving CLASS grant dollars during the school year for which the funds received under the application for a design or implementation grant would be expended.

Stat. Auth.: ORS 329.838

Stats. Implemented: ORS 329.838

Hist.: ODE 18-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 33-2013, f. & cert. ef. 12-18-13

581-018-0110

Criteria

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted each biennium for when District Implementation and Design Collaboration grant funds are available. The Department shall notify eligible applicants of the proposal process and the due dates, and make available necessary guidelines and application forms.

(2) All proposals must comply with the requirements of ORS 329.838, section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233) and rules adopted to implement those laws. Grants shall be awarded based on whether the grant application identifies how the funds will be used to improve education outcomes identified by the Oregon Investment Board, contained in achievement compact or set forth in ORS 351.009.

(3) Prior to applying for a grant, the school district must receive the approval to apply for the grant from:

(a) The exclusive bargaining representative for the teachers of the school districts, or if the teachers are not represented by an exclusive bargaining representative, from the teachers of the school districts;

(b) The chairperson of the school district board; and

(c) The superintendent of the school district.

(4) Districts shall establish a collaborative leadership team to oversee the design and implementation process. The collaborative leadership team shall include the exclusive bargaining representative for the teachers of the school district or, if the teachers are not represented by an exclusive bargaining representative, the teachers of the school district.

(5) Districts shall display readiness and eligibility for an implementation grant by submitting detailed blueprints, developed collaboratively by teachers, administrators, and the teacher bargaining unit, in the four required areas:

(a) Career pathways processes for teachers and administrators;

(b) Evaluation processes for teachers and administrators;

(c) Compensation models for teachers and administrators, and

(d) Enhanced professional development opportunities for teachers and administrators.

(6) The Department of Education shall award design and implementation grants based on the evaluation of the district application, eligibility criteria, and the following considerations:

(a) Geographic location of districts to insure geographic diversity within the recipients of grant program funds throughout the state;

(b) Districts that have an achievement gap as defined in 581-018-0005;

(c) Districts that have a high level of economically disadvantaged students as defined in 581-018-0005.

Stat. Auth.: ORS 329.838

Stats. Implemented: ORS 329.838

Hist.: ODE 18-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 33-2013, f. & cert. ef. 12-18-13

581-018-0115

Design Grant Funding

(1) The Department of Education shall determine for each fiscal year the portion of the funds available for the School District Collaboration Grant Program that will be distributed as design grants.

(2) Based on the review of grant applications, the Department may not award a design grant to each district that is less than $20,000 or exceeds $50,000.

Stat. Auth.: ORS 329.838

Stats. Implemented: ORS 329.838

Hist.: ODE 18-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 33-2013, f. & cert. ef. 12-18-13

581-018-0120

Implementation Grant Funding

(1) The Department of Education shall determine for each fiscal year the total amount available for distribution to school districts as implementation grants.

(2) The Department of Education shall determine the grant amount to be awarded to each district that is eligible to receive a grant based on the following formula:

Grant Amount = school district ADMw x (the total amount available for distribution for an implementation grant in a fiscal year through the School District Collaboration Grant Program / the total ADMw of the School Districts that receive an implementation grant for the fiscal year.

Stat. Auth.: ORS 329.838

Stats. Implemented: ORS 329.838

Hist.: ODE 18-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 33-2013, f. & cert. ef. 12-18-13

581-018-0125

Reporting

(1) Districts shall meet timelines, performance measures and other requirements related to the accumulation and evaluation of data collected as required by the Oregon Investment Board and the Oregon Department of Education.

(2) Districts shall submit interim and final grant reports describing progress toward grant requirements and goals as defined by the Department of Education.

(3) Districts shall share lessons learned and school district models on the design and implementation of the four blueprint areas.

(4) The Department of Education shall disseminate best practices from the grant districts to districts statewide.

Stat. Auth.: ORS 329.838

Stats. Implemented: ORS 329.838

Hist.: ODE 18-2013(Temp), f. & cert. ef. 8-15-13 thru 2-11-14; ODE 33-2013, f. & cert. ef. 12-18-13


Rule Caption: Establish Closing the Achievement Gap for African American Students Grant

Adm. Order No.: ODE 34-2013

Filed with Sec. of State: 12-18-2013

Certified to be Effective: 12-18-13

Notice Publication Date: 11-1-2013

Rules Adopted: 581-018-0250, 581-018-0255, 581-018-0260, 581-018-0265, 581-018-0270, 581-018-0275

Subject: Establishes the Closing the Achievement Gap for African American Students Grant Program for nonprofit organizations as part of the Network for Quality Teaching and Learning. Specifies criteria, purpose and reporting.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-018-0250

Definitions

The following definitions apply to OAR 581-018-0205 to 581-018-0275:

(1) “Achievement gap” means the research-based gap in achievement that often exists between students who are economically disadvantaged, students learning English as a second language and students who are African American, Hispanic or Native American and their peers.

(2) “African American” means persons from African descent living in America; also referred to in census data as “Black.”

(3) “Closing the Achievement Gap for African American Students Grant” means the Grant established in OAR 581-018-0205 to implement section 1(3)(f), chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233).

(4) “Non-profit organization” means:

(a) An organization established as a nonprofit organization under the laws of Oregon; and

(b) Qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code as defined in ORS 314.011.

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 24-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14; ODE 34-2013, f. & cert. ef. 12-18-13

581-018-0255

Establishment

(1) There is established the Closing the Achievement Gap for African American Students Grant to support nonprofit organizations who are working to design, implement, improve, expand, or otherwise revise programming and services for African American students. The programs and services assist African American students by offering unique opportunities to make strong home, school, and community connections in an effort to increase academic achievement and personal well-being. Research suggests that community organizations are positioned to provide targeted support to learners who are sometimes neglected in traditional school systems.

(2) Subject to available funds, the grants will be awarded for one year based on a detailed description of proposed programming or services. This can include but is not limited to:

(a) Planning phase.

(b) Implementation phase.

(c) Program evaluation phase.

(3) The purpose of the grant program is to provide funds to non-profit organizations that understand the unique needs of African American students, who have the potential to become exemplar programs and who can create collaborative practices around:

(a) Strengthening ties between home, school, and community;

(b) Creating space for active parent participation;

(c) Innovative programming that focuses on closing achievement gaps for African American students;

(d) Training or professional development for parents, educators, and interested community entities on closing achievement gaps for African American students;

(e) Literacy initiatives for closing achievement gaps for African American students; and

(f) College and career readiness and transition to college or career.

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 24-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14; ODE 34-2013, f. & cert. ef. 12-18-13

581-018-0260

Eligibility

(1) To be eligible to receive the Closing the Achievement Gap for African American Students Grant an organization must:

(a) Be a non-profit organizations; and

(b) Provide data to the Department of Education documenting that the majority of the students served through programming and resources by the organization are African American.

(2) A single grant proposal may include more than one eligible applicant, but the fiscal agent must be one of the eligible applicants identified in subsection (1) of this rule.

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 24-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14; ODE 34-2013, f. & cert. ef. 12-18-13

581-018-0265

Criteria

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted for the Closing the Achievement Gap for African American Students Grant funds. All proposals must comply with the requirements of section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233) and rules adopted to implement that section.

(2) Grants shall be awarded based on the following criteria:

(a) Whether the grant application identifies how the funds will be used to reach the 40-40-20 goal and improve education outcomes for African American students as identified by the Oregon Education Investment Board Equity Lens document.

(b) Whether the grant applicant demonstrates support, commitment and readiness to design or revise programming specifically for African American students.

(3) The Department shall give priority to proposals that meet the minimum criteria and:

(a) Provide a sustainability plan to continue the program for at least two years after the grant funding has ended.

(b) The extent to which the applicant clearly documents its capacity to implement and carry out programming and services for closing the achievement gap for African American student populations, including demonstrated intentions to work in a collaborative way with school districts, other non-profits or post-secondary institutions.

(4) The Department of Education shall allocate funds for the grant program based on the evaluation of the grant application and the following considerations:

(a) Geographic location of the non-profit organization to insure geographic diversity within the recipients of grant program funds throughout the state;

(b) Organizations who have documented evidence of serving a primarily African American student population;

(c) Organizations who have a high level of students who are economically disadvantaged; and

(d) Give preference to entities that have demonstrated success in improving student outcomes.

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 24-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14; ODE 34-2013, f. & cert. ef. 12-18-13

581-018-0270

Funding

(1) Each grantee may receive up to $100,000 which shall be awarded during the following phases based on a detailed budget narrative and budget template:

(a) Planning phase.

(b) Implementation phase.

(c) Evaluation phase.

(2) Grantees shall use funds received for the planning, implementation, and evaluation phrases of the grant for activities outlined in the request for proposal.

(3) Grantees must be able to expend the funds for allowable purposes specified in the request for proposal within the grant timeline according to acceptable accounting procedures.

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 24-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14; ODE 34-2013, f. & cert. ef. 12-18-13

581-018-0275

Reporting

The Oregon Department of Education shall provide to grant recipients a template for an interim and final grant report. Grantees are required to submit a final report prior to receiving their final request for funds.

Stat. Auth.: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Stats. Implemented: 2013 OL Ch. 661, Sec. 1 (Enrolled HB 3233)

Hist.: ODE 24-2013(Temp), f. & cert. ef. 10-18-13 thru 4-16-14; ODE 34-2013, f. & cert. ef. 12-18-13


Rule Caption: Public charter school renewal process

Adm. Order No.: ODE 35-2013

Filed with Sec. of State: 12-18-2013

Certified to be Effective: 12-18-13

Notice Publication Date: 11-1-2013

Rules Amended: 581-020-0359

Subject: Modifies renewal timeline to conform with recent legislation. Directs that charter remains effective until new charter is negotiated.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-020-0359

Process to Renew Charter

(1) A public charter school governing body must request renewal of the charter (contract) by the sponsor in writing at least 180 days before expiration of the charter.

(2) When a sponsor has received a written request from a public charter school governing body, the sponsor must schedule and hold a public hearing on the renewal request within 45 days from the receipt of the request for renewal.

(3) Within 30 days after the public hearing, the sponsor must either:

(a) Renew the charter; or

(b) State in writing the reasons for denying the renewal of the charter.

(4)(a) A sponsor must base its decision to renew or not renew a charter on a good faith evaluation of whether the charter school:

(A) Is in compliance with state and federal laws;

(B) Is in compliance with the terms of the prior charter;

(C) Is meeting or working toward meeting the student performance goals and agreements specified in the charter or any other written agreements between the sponsor and the public charter school governing body;

(D) Is fiscally stable and evidence that a sound financial management system described in the proposal submitted under ORS 338.045 and incorporated into the written charter was used; and

(E) Is in compliance with any renewal criteria specified in the previous charter, if any.

(b) As used in this section, “good faith evaluation” means an evaluation of all criteria required by this section resulting in a conclusion that a reasonable person would come to who is informed of the law and the facts before that person.

(5) The sponsor must base the evaluation described in subsection (4) of this rule primarily on a review of the public charter school’s annual performance reports, annual audit of accounts and annual site visit and review as required by ORS 338.095 and any other information mutually agreed upon by the public charter school governing body and the sponsor.

(6)(a) If the sponsor renews the charter, the sponsor and public charter school governing body shall negotiate in good faith a new charter within 90 days after the date on which the sponsor approved the renewal of the charter, unless both parties agree to an extension of time.

(b) If the sponsor and the charter school governing body have not executed a new charter agreement within 90 days after the date on which the sponsor approved the renewal of the charter or an alternative date agreed to by both parties, the expiring charter shall remain in effect until a new charter is negotiated.

(c) As used in this section, “negotiate in good faith” means to negotiate with an honest exchange of the facts of the matters under consideration with a view to obtaining agreement of each of the parties involved.

(7) If the sponsor does not renew the charter, the public charter school governing body may address the reasons for nonrenewal and resubmit its request to the sponsor within 30 days after the date on which the sponsor notified the public charter school governing body of the decision not to renew the charter. If a sponsor receives a revised request under this section, the sponsor shall review the request using the process required by sections (2) to (6) of this rule. A public charter school governing board may only submit a revised request once under this section unless otherwise specified by the sponsor.

(8) Notwithstanding sections (1) to (7) of this rule, a sponsor and a public charter school governing body may agree in the charter of the school to a timeline for renewing the charter that is different from the timeline required by sections (1) to (7) of this rule.

(9) The State Board of Education delegates to the Superintendent of Public Instruction or designee all administrative functions necessary or reasonable in order to determine if the charter of a school sponsored by the state board should be renewed. The Superintendent or designee shall follow the procedures and timelines required by this rule. This delegation to the Superintendent or designee includes, but is not limited to:

(a) Determining the form, contents, and timelines of the renewal;

(b) Determining the records required for determining the renewal and ordering the production of those records from the public charter school governing body and establishing timelines for the production of those records;

(c) Requiring the charter school governing body to respond to written or oral inquiries related to the sponsorship;

(d) Delegating the sponsorship function to Department of Education staff or a hearings officer to conduct a hearing and to issue a proposed order; and

(e) Issuing a final order.

(10) If the sponsor does not renew the charter based on the revised request for renewal submitted under section (7) of this rule, the public charter school governing body may:

(a) If the sponsor is a school district, appeal the decision of the sponsor to the State Board of Education under OAR 581-020-0361.

(b) If the sponsor is the State Board of Education, seek judicial review of the final order under ORS 183.484.

Stat. Auth.: ORS 338.025

Stats.. Implemented: ORS 338.065

Hist.: ODE 9-2008, f. & cert. ef. 3-21-08; ODE 15-2009(Temp), f. & cert. ef. 12-10-09 thru 6-8-10; Administrative correction 6-25-10; ODE 11-2010, f. & cert. ef. 6-30-10; ODE 35-2013, f. & cert. ef. 12-18-13


Rule Caption: Establishes a Proficiency-Based Teaching and Learning Grant

Adm. Order No.: ODE 36-2013(Temp)

Filed with Sec. of State: 12-18-2013

Certified to be Effective: 12-18-13 thru 6-13-14

Notice Publication Date:

Rules Adopted: 581-018-0430, 581-018-0433, 581-018-0436, 581-018-0439, 581-018-0442

Subject: Implement provisions of HB 3233 by establishing a Proficiency-Based Teaching and Learning Grant which will be available to school districts and nonprofits working with school districts. The goal of the grants is to support one to four demonstration sites.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-018-0430

Definitions

The following definitions apply to OAR 581-018-0430 to 581-018-0442:

(1) “Non-profit organization” means:

(a) An organization established as a nonprofit organization under the laws of Oregon; and

(b) Qualifies as an exempt organization under section 501(c)(3) of the Internal Revenue Code as defined in ORS 314.011.

(2) “Proficiency-based teaching and learning” means a practice that is student-centered and based upon several key principles:

(a) Students learn in a personalized environment and advance upon demonstrated mastery of state, industry, or national standards;

(b) Measurable learning objectives are explicit and empower students;

(c) Student assessment is meaningful and a positive learning experience; and

(d) Students receive rapid, differentiated support and learning outcomes including applied learning.

Stat. Auth.: Sect. 1, ch. 661, OL 2013 (Enrolled HB 3233)

Stats. Implemented: Sect. 1, ch. 661, OL 2013 (Enrolled HB 3233)

Hist.: ODE 36-2013(Temp), f. & cert. ef. 12-18-13 thru 6-13-14

581-018-0433

Establishment

(1) The Proficiency-Based Teaching and Learning Grant is established to support proficiency-based teaching and learning demonstration sites. The purposes of the grant are:

(a) To inform proficiency-based teaching and learning practices in other school sites; and

(b) To develop new proficiency-based teaching and learning school sites in underserved regions in the state.

(2) Grants will fund eligible entities committed to developing sustainable proficiency-based teaching and learning programs in a school district or consortia of school districts with a strong commitment to improving student achievement and to providing demonstration sites for proficiency-based teaching and learning in the state.

Stat. Auth.: Sect. 1, ch. 661, OL 2013 (Enrolled HB 3233)

Stats. Implemented: Sect. 1, ch. 661, OL 2013 (Enrolled HB 3233)

Hist.: ODE 36-2013(Temp), f. & cert. ef. 12-18-13 thru 6-13-14

581-018-0436

Eligibility

(1) The following entities shall be eligible to receive Proficiency-Based Teaching and Learning Grants:

(a) School districts.

(b) Non-profit organizations working with at least one school district.

(2) A single grant proposal may include more than one eligible applicant and may also include other entities such as education service districts or post-secondary institutions, but the fiscal agent must be one of the eligible applicants identified in subsection (1) of this rule.

Stat. Auth.: Sect. 1, ch. 661, OL 2013 (Enrolled HB 3233)

Stats. Implemented: Sect. 1, ch. 661, OL 2013 (Enrolled HB 3233)

Hist.: ODE 36-2013(Temp), f. & cert. ef. 12-18-13 thru 6-13-14

581-018-0439

Implementation of Grant Funding

(1) The Oregon Department of Education shall establish a request for proposal solicitation and approval process to be conducted for the Proficiency-Based Teaching and Learning Grants. All proposals must comply with the requirements of section 1, chapter 661, Oregon Laws 2013 (Enrolled House Bill 3233) and rules adopted to implement that section.

(2) The Department may award up to two grants. Each grant shall support one to four demonstration sites within one or more school districts.

(3) To receive a grant an applicant must demonstrate a high level of support from school district boards and local education associations in all participating districts.

(4) The Department shall determine the amount of each grant based on the funds available for the grants and each grant application. The Department of shall allocate funds for the grant program based on an evaluation of the grant application and whether the applicant has:

(a) Demonstrated a focus on district, state, and Common Core standards as the learning targets for which students will be held accountable;

(b) Defined levels of proficiency laid out on a learning continuum that is used to identify baseline ability and that reflects a range of continuous learning;

(c) Has experience and training expertise in coaching and supporting schools in proficiency or will utilize another entity with this expertise as a sub-contractor and partner;

(d) Identified sites in the application that are willing to serve as a demonstration sites for other school districts and a source of evidence of best practices and evidence-based models; and

(e) A plan that includes a strong outreach to parent and business communities to insure that those groups understand the shift to standards at a school site and what it means to support students in reaching proficient levels of knowledge and skills.

(5) The Department of Education shall allocate funds for the grant program based on the evaluation of the grant application and the following considerations:

(a) Geographic location of district to insure geographic diversity within the recipients of grant program funds throughout the state;

(b) Districts that have achievement gaps between subgroup populations; and

(c) Districts that have a high level of students who are economically disadvantaged.

Stat. Auth.: Sect. 1, ch. 661, OL 2013 (Enrolled HB 3233)

Stats. Implemented: Sect. 1, ch. 661, OL 2013 (Enrolled HB 3233)

Hist.: ODE 36-2013(Temp), f. & cert. ef. 12-18-13 thru 6-13-14

581-018-0442

Timelines and Performance Measures

The Oregon Department of Education shall provide award recipients a template for interim and final grant reports. Recipients are required to submit the interim and final report prior to receiving their final request for funds.

Stat. Auth.: Sect. 1, ch. 661, OL 2013 (Enrolled HB 3233)

Stats. Implemented: Sect. 1, ch. 661, OL 2013 (Enrolled HB 3233)

Hist.: ODE 36-2013(Temp), f. & cert. ef. 12-18-13 thru 6-13-14


Rule Caption: Modifies small school weighting for purposes of State School Fund calculations

Adm. Order No.: ODE 37-2013

Filed with Sec. of State: 12-18-2013

Certified to be Effective: 12-18-13

Notice Publication Date: 11-1-2013

Rules Amended: 581-023-0015

Subject: Modifies rule relating to small school weighting for purposes of State School Fund calculation. Rule amendment clarifies that there is remote small elementary school weighting and small high school weighting for State School Fund calculation. Implements SB 453 (2011).

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-023-0015

Additional Remote Small Elementary School and Small High School Weightings

(1) Qualifications for remote small elementary school or small high school status for school districts organized in a manner other than 1 through 8 and 9 through 12:

(a) When grades 1–12 are located in the same building or in adjacent buildings, the Department of Education shall consider these schools to be organized on a 1–8 and 9–12 basis for remote small elementary school and small high school correction purposes;

(b) In school districts where grades 1–12 or portions thereof are located in geographically separated buildings, the Department of Education shall consider these schools to be organized for remote small elementary school and small high school correction purposes in the same manner as the school district boards considers these schools to be organized.

(2) The Department shall measure distances for remote small elementary school qualification and calculation of additional weighted average daily membership based on the closest, reasonable and prudent access point of an elementary school to the closest, reasonable and prudent access point of the nearest elementary school over the shortest practicable route on maintained public roadways.

(3) The additional weighting for each school qualifying as a remote small elementary school or a small high school shall be calculated based on the applicable formula stated in ORS 327.077.

(4) Questions regarding the administration of the remote small elementary school weighting and small high school weighting not specifically addressed by this rule shall be resolved by the State Superintendent of Public Instruction and the Superintendent’s determination shall be final.

(5) The provisions of this administrative rule shall apply to the apportionment of the State School Fund for 2011–12 and subsequent years.

Stat. Auth.: ORS 327.125

Stats. Implemented: ORS 327.077 & 327.125

Hist.: 1EB 118, f. 11-28-67, ef. 12-25-67; 1EB 134, f. 6-26-72, ef. 7-15-72; 1EB 211, f. 1-19-76, ef. 2-11-76; 1EB 267, f. & ef. 11-8-77; 1EB 42-1978, f. 10-31-78, ef. 11-1-78; 1EB 1-1979, f. & ef. 1-30-79; 1EB 11-1980, f. & ef. 5-5-80; 1EB 10-1982, f. & ef. 3-24-82; 1EB 20-1982, f. & ef. 11-23-82; EB 6-1996, f. & cert. ef. 4-15-96; ODE 37-2013, f. & cert. ef. 12-18-13


Rule Caption: School District Continuous Improvement Plans

Adm. Order No.: ODE 38-2013

Filed with Sec. of State: 12-18-2013

Certified to be Effective: 12-18-13

Notice Publication Date: 11-1-2013

Rules Amended: 581-022-0606

Subject: The rule amendments change the frequency of the submission of district improvement plans. The amendments direct districts to submit once every three years unless there are substantial changes to the districts. The rules also add library plans to the goals.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-022-0606

District Continuous Improvement Plan

(1) For the purposes of OAR 581-022-0606 the following definitions apply:

(a) “Aligned with standards” means that the taught curriculum (what teachers teach), the learned curriculum (what students learn), and the assessed curriculum (what students are tested on) as identified through state and national academic standards do not deviate significantly one from another. This alignment includes four components:

(A) Content match — topical coverage, or comprehensiveness and level of detail

(B) Depth match — level of difficulty, or cognitive complexity

(C) Emphasis match — the relative duration of the instruction about each topic/standard within a subject

(D) Performance match — the type of performance required to demonstrate proficiency of the standard

(b) “Data-driven” means the use of information available from a high quality data system to focus decisions regarding curriculum, instruction, staff assignment, and staff development to promote student achievement through a planned, systemic program improvement effort.

(c) “Family and community engagement” means a system of shared responsibility in which schools and other community agencies and organizations are committed to engaging families in meaningful and culturally respectful ways while families are committed to actively supporting their children’s learning and development.

(d) “High quality data system” means a method by which teachers and administrators have access to data needed for instructional and administrative decision-making, one that makes available to the public appropriate data content and displays and provides for regular updates to the data, maintenance and upgrading of the system, and training for key personnel on use and maintenance. The collection and use of data in such a system would include district-, school-, and student-level data describing but not limited to:

(A) Instruction;

(B) Accountability;

(C) Demographics;

(D) Achievement; and

(E) Assessment.

(e) “High quality instructional programs” means that teachers teach knowledge and skills through the use of an appropriate variety of instructional strategies reflecting best practice and based on state/national standards and assessments that effectively measure what the standards require. Such instruction is not universal but is situational based on instructional context.

(f) “Long-term professional development plans” means teacher training reflecting best practice as defined by national standards related to content, process, and context. Such training supports:

(A) Continuing advancement of professional collaboration;

(B) Ongoing, job-embedded experiences,

(C) Standards-based instruction, and

(D) Continual, guided reflection on school/student data a part of professional learning.

(g) “Rigorous curriculum” means multiple courses of study any one of which will prepare students to successfully meet the Oregon diploma requirements. These courses are cognitively demanding and challenging to students as those students apply the fundamental concepts and skills from various disciplines to real world problems in complex and open ended situations.

(h) “Safe educational environment” means a healthy, positive school climate free of drug use, gangs, violence, intimidation, fear, and shaming, ensuring the physical and emotional well-being and academic and social growth of every student.

(i) “Service plans for students” means a system of planned services outlining student educational activities, supporting students in meeting expectations for one or more content areas and continuing to academically challenge students who have exceeded expectations in one or more content areas.

(j) “Short-term professional development plans” means a component of a long term professional development plan with a direct connection with one or more of the following–individual continuing professional development plans; board, district or school goals; state certification criteria; or other regulatory mandates. Such plans may be responsive to emerging needs not yet addressed in long-term professional development plans.

(k) “Staff leadership development” means practices, policies, and procedures that create shared leadership opportunities and empower teacher participation in setting and achieving school goals and policies.

(l) “Strong school library program” means a planned effort to ensure the instruction of students, school staff, and the broader learning community in library skills, information literacy, and educational technology; such a program promotes a rich array of literacy experiences supporting life-long reading; facilitates collaboration in lesson planning and instruction; ensures equitable access to library resources and licensed school librarians; and develops and manages current, plentiful, and diverse library collections of print and electronic resources that support classroom curricula and student interests.

(2) Each school district shall conduct self-evaluations in order to develop and update their local district continuous improvement plans once every three years. Except as provided in subsection (3) of this rule, the department may not require school districts or schools to conduct self-evaluations or to update their local district continuous improvement plans more frequently than biennially.

(3) Each school district shall:

(a) Submit its local district continuous improvement plan to the Department of Education once every three years unless there are substantial changes.

(b) Notify the Department and update its local district continuous improvement plan when there has been a substantial changes.

(c) Substantial change is defined as changes to:

(A) School or district improvement status under state or federal law;

(B) Student academic achievement;

(C) Student demographics (including changes in excess of 10% in identified subgroups);

(D) Instructional staffing (either counts of personnel or changes in individual staff);

(E) Financial resources available to the district; or

(F) The district’s goals for student achievement.

(4) The self-evaluation process shall involve the public in the setting of local goals. The school district shall ensure that representatives from the demographic groups of their school population are invited to participate in the development of local district continuous improvement plans to achieve the goals.

(5) As part of setting local goals, school districts shall undertake a communications process that involves parents, students, teachers, school employees and community representatives to explain and discuss the local goals and their relationship to programs in the continuous improvement plan.

(6) At the request of the school district, department staff shall provide ongoing technical assistance in the development and implementation of the local district continuous improvement plan.

(7) The local district continuous improvement plan shall include:

(a) A rigorous curriculum aligned with state standards;

(b) High-quality instructional programs;

(c) Short-term and long-term professional development plans;

(d) Programs and policies to achieve a safe educational environment;

(e) A plan for family and community engagement;

(f) Staff leadership development;

(g) High-quality data systems;

(h) Improvement planning that is data-driven;

(i) Education service plans for students who have or have not exceeded all of the academic content standards;

(j) A strong school library program;

(k) A review of demographics, student performance, staff characteristics and student access to, and use of, educational opportunities; and

(l) District efforts to achieve local efficiencies and efforts to make better use of resources.

(8) Each school district shall annually review and report test results and progress on the district improvement plan to the community.

(9) Each school district shall maintain copies of the school and district improvement plans as a public record.

(10) Each school district shall submit the district improvement plan to the Department of Education when requested.

Stat. Auth.: ORS 326.051 & 329.095

Stats. Implemented: ORS 326.051 & 329.095

Hist.: 1EB 19-1980, f. 6-17-80, ef. as follows: Section (1) 9-1-80; Sections (2), (4), (5) 9-1-81; Section (3) 7-1-80; 1EB 26-1980, f. 11-7-80, ef. as follows: Sections (1) and (3) 9-1-81; Sections (2), (4) and (5) 9-1-82; 1EB 21-1986, f. & ef. 7-2-86; EB 38-1990, f. & cert. ef. 7-10-90; EB 15-1996, f. & cert. ef. 9-26-96; ODE 25-2008, f. & cert. ef. 9-26-08; ODE 38-2013, f. & cert. ef. 12-18-13


Rule Caption: Modifies rules relating to eligibility for regional educational services for children with disabilities.

Adm. Order No.: ODE 39-2013

Filed with Sec. of State: 12-18-2013

Certified to be Effective: 12-18-13

Notice Publication Date: 11-1-2013

Rules Amended: 581-015-2540, 581-015-2550, 581-015-2555

Subject: Allows more children with orthopedic impairments to be eligible for regional education services by removing requirement that child must be severely orthopedically impaired.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-015-2540

Definitions for Regional Programs

The following definitions apply to OAR 581-015-2545 through 581-015-2565 unless otherwise indicated by the context.

(1) “Administrative Unit” means the school district or ESD within each region chosen to operate the regional program through contract with the Department of Education.

(2) “Consultation services” means technical assistance to or conferring with the local education agency and staff or early intervention/early childhood special education providers and staff or families to assist them to provide services to eligible children.

(3) “Department” means the Oregon Department of Education.

(4) “Direct services” means services provided to the child by regional specialists.

(5) “Eligible children” means children with low-incidence, high need disabilities who need the services of the regional program.

(6) “Low incidence, high need disabilities” means one or more of the following categories under OAR 581-015-2130 through 581-015-2180: autism spectrum disorder, deafblindness, hearing impairment, orthopedic impairment, traumatic brain injury, and vision impairment.

(7) “Regional program” means direct or consultative services funded through the Department provided on a single or multi-county basis that assist school districts and early intervention/ early childhood special education providers in meeting the unique needs of eligible children.

(8) “Services” means early intervention services, early childhood special education and/or related services, and special education and/or related services, as defined in OAR 581-015-2700 and 581-015-2000, respectively.

(9) “Superintendent” means the State Superintendent of Public Instruction.

Stat. Auth.: ORS 343.236

Stats. Implemented: ORS 343.236

Hist.: EB 27-1988, f. & cert. ef. 6-9-88; EB 10-1996, f. & cert. ef. 6-26-96; ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03; Renumbered from 581-015-0291, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 39-2013, f. & cert. ef. 12-18-13

581-015-2550

Eligibility for Regional Services

(1) The determination of a child’s eligibility for services as a child with autism spectrum disorder, deafblindness, hearing impairment, traumatic brain injury, orthopedic impairment, or vision impairment is the responsibility of:

(a) The resident school district for children who are at the age of eligibility for kindergarten through age 21 in accordance with OAR 581-015-2130 through 581-015-2180; or

(b) The designated referral and evaluation agency for children who are at the age of eligibility for:

(A) Early intervention, from birth until the age of three in accordance with OAR 581-015-2780; and

(B) Early childhood special education, from the age of three until eligible for kindergarten in accordance with OAR 581-015-2795.

(2) Regional programs may assist the local district or designated referral and evaluation agency in evaluating and/or determining eligibility when the local district or the designated referral and evaluation agency does not have a person trained and experienced in the area of the suspected disability(ies).

(3) A child who is found eligible for services as a child with autism spectrum disorder, deafblindness, hearing impairment, traumatic brain injury, or vision impairment may be eligible for regional services if the child needs regional program services.

(4) A child who is found eligible for services as a child with orthopedic impairment may be eligible for regional services if the child is determined to be orthopedically impaired by his/her eligibility team based on eligibility tool(s) approved by the Department, and needs regional program services.

Stat. Auth.: ORS 343.236

Stats. Implemented: ORS 343.236

Hist.: EB 27-1988, f. & cert. ef. 6-9-88; EB 10-1996, f. & cert. ef. 6-26-96; ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03; Renumbered from 581-015-0293, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 39-2013, f. & cert. ef. 12-18-13

581-015-2555

Referral for Regional Services

In referring a child to the regional program, the district or early intervention/early childhood special education program must provide the regional coordinator with the following information:

(1) A request for regional services;

(2) A statement of a child’s eligibility in one of the following categories, if previously determined: autism spectrum disorder; deafblindness, hearing impairment, orthopedic impairment, traumatic brain injury, vision impairment, and;

(3) Additional information as the regional coordinator or other regional program representative may request.

Stat. Auth.: ORS 343.236

Stats. Implemented: ORS 343.236

Hist.: EB 27-1988, f. & cert. ef. 6-9-88; EB 10-1996, f. & cert. ef. 6-26-96; ODE 6-2003, f. 4-29-03, cert. ef. 4-30-03; Renumbered from 581-015-0294, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 26-2008, f. 10-23-08, cert. ef. 10-24-08; ODE 39-2013, f. & cert. ef. 12-18-13

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, 2013.

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

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