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Oregon Bulletin

March 1, 2011

 

Oregon Department of Education
Chapter 581

Rule Caption: Allows Superintendent of Public Instruction to grant timeline extensions for charter approvals and renewals.

Adm. Order No.: ODE 1-2011

Filed with Sec. of State: 1-31-2011

Certified to be Effective: 2-1-11

Notice Publication Date: 12-1-2010

Rules Amended: 581-020-0345

Subject: Currently the Superintendent of Public Instruction or designees may grant extensions of timelines for approvals of charter proposals. The rule amendments would also allow for extensions of timelines for the charter renewal process.

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

581-020-0345

Timeline Extensions

Consistent with ORS 326.111, the State Board of Education delegates to the Superintendent of Public Instruction or the Superintendent’s designee the authority to grant extensions of timelines. The Superintendent or designee may grant an extension, upon request from a school district, if the district has good cause for requesting an extension of the timeline for:

(1) The charter approval process under ORS 338.055; or

(2) The charter renewal process under ORS 338.065.

Stat. Auth.: ORS 326.051

Stats. Implemented: ORS 326.111

Hist.: ODE 22-2000(Temp), f. & cert. ef. 7-27-00 thru 1-22-01; ODE 4-2001, f. & cert. ef. 1-29-01; ODE 1-2011, f. 1-31-11, cert. ef. 2-1-11

 

Rule Caption: Changes which health care professionals may grant a student with a concussion a medical release.

Adm. Order No.: ODE 2-2011

Filed with Sec. of State: 1-31-2011

Certified to be Effective: 2-1-11

Notice Publication Date: 12-1-2010

Rules Amended: 581-022-0421

Subject: The rule amendments add psychologists to those health care professionals who may release a child with a concussion to play sports. The amendments also describe the role of an athletic trainer.

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

581-022-0421

Safety of School Sports — Concussions

(1) As used in this rule:

(a) “Annual training” means once in a twelve month period.

(b) “Coach” means a person who instructs or trains members on a school athletic team and may be:

(A) A school district employee;

(B) A person who volunteers for a school district

(C) A person who is performing services on behalf of a school district pursuant to a contract.

(c) “Concussion” means exhibiting signs, symptoms or behaviors consistent with a concussion following an observed or suspected blow to the head or body.

(d) “Health Care Professional” means a Physician (MD), Physician’s Assistant (PA), Doctor of Osteopathic (DO) licensed by the Oregon State Board of Medicine, nurse practitioner licensed by the Oregon State Board of Nursing, or Psychologist licensed by the Oregon Board of Psychologist Examiners.

(e) “Proper medical treatment” means treatment provided by a licensed health care professional which is within their scope of practice.

(f) “Return to participation” means a student can rejoin the athletic event or training.

(g) “Training timeline” means every coach receives the training prior to the beginning of the season for the school athletic team they are specifically coaching.

(h) “Same day” means the same calendar day on which the injury occurs.

(2) Each school district shall:

(a) Develop a list of coaches.

(b) Identify which community (may include state or national) resources the district will use to provide the training as required in section (3) of this rule.

(c) Develop training timelines for coaches of all school athletic teams.

(d) Ensure coaches receive training once every twelve months.

(e) Develop a tracking system to document that all coaches meet the training requirements of this rule.

(f) Ensure no coach allows a member of a school athletic team to participate in any athletic event or training on the same calendar day that the member:

(A) Exhibits signs, symptoms or behaviors consistent with a concussion following an observed or suspected blow to the head or body; or

(B) Has been diagnosed with a concussion.

(g) Ensure no coach will allow a student who is prohibited from participating in an athletic event or training, as described in section (2)(f), to return to participate in an athletic event or training no sooner than the day after the student experienced a blow to the head or body. The student may not return to participate in an athletic event or training until the following two conditions have been met:

(A) The student no longer exhibits signs, symptoms or behaviors consistent with a concussion; and

(B) The student receives a medical release form from a health care professional.

(3) In school districts which have the services of an athletic trainer registered by the Oregon Board of Athletic Trainers, that athletic trainer may determine that an athlete has not suffered a concussion and return the athlete to play. Athletic trainers may also work in consultation with a Health Care Professional in determining when an athlete is able to return to play following a concussion.

(4) The training required of coaches under this rules shall include the following:

(a) Training in how to recognize the signs and symptoms of a concussion;

(b) Training in strategies to reduce the risk of concussions;

(c) Training in how to seek proper medical treatment for a person suspected of having a concussion; and

(d) Training in determination of when the athlete may safely return to the event or training.

Stat. Auth: ORS 336.485

Stat. Implemented: ORS 336.485

Hist.: ODE 13-2010, f. & cert. ef. 6-30-10; ODE 2-2011, f. 1-31-11, cert. ef. 2-1-11

 

Rule Caption: Modifies rules relating to food safety inspections.

Adm. Order No.: ODE 3-2011

Filed with Sec. of State: 1-31-2011

Certified to be Effective: 2-1-11

Notice Publication Date: 5-1-2010

Rules Amended: 581-051-0305, 581-051-0306

Subject: Modifies rules relating to food safety inspections that apply to public and private schools and child care institutions

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

581-051-0305

Food Safety Inspection Definitions

Definitions:

(1) “Central Kitchen” means a foodservice site where food is prepared at a facility and then some or all of the food is delivered to a meal serving site(s) at a place(s) other than the preparation site.

(2) “CNP” means Child Nutrition Programs.

(3) “Competitive Food Sales” means any foods sold in competition with the NSLP and SBP in foodservice areas during the breakfast and lunch meal periods.

(4) “Competitive Food Sales vendor” means any person or organization selling competitive foods in the Sponsor’s foodservice areas during the lunch and breakfast meal periods.

(5) “Critical Violation” means a Food Safety Inspection violation that is more likely than other Food Safety Inspection violations to cause food contamination, illness or an environmental health hazard.

(6) “Finishing Kitchen” means a foodservice site that receives prepared foods for reheating, assembling, portioning, and serving.

(7) “Food Safety Inspection Annual Report” means the report of completed Sponsor site(s) Food Safety Inspections. The Annual Report is prepared by the Sponsor and submitted to ODE CNP by June 30 each school year.

(8) “Food Safety Inspection document of findings” means any form used by the state or local public health authority to document a Food Safety Inspection.

(9) “Food Safety Inspection: National School Lunch Program and School Breakfast Program Requirements” means schools shall at least twice each school year obtain a Food Safety Inspection conducted by a state or local governmental agency responsible for food safety inspections. (7 CFR 210.13 and 7 CFR 220.7)

(10) “Foodservice Area” means any area on school premises where NSLP and SBP meals are both served and eaten as well as any other areas where programs meals are served and eaten. Areas where students eat NSLP and SBP meals that are completely separate from the serving area are also part of the foodservice area.

(11) “Notice of Non-Compliance” means documentation that a Critical violation(s) has not been corrected nor has the Sponsor of Competitive Food Sales vendor implemented an alternative plan, approved by the state or local public health authority.

(12) “NSLP” means the National School Lunch Program.

(13) “ODE” means the Oregon Department of Education.

(14) On-site Preparation Kitchen” means a foodservice site where food is prepared and served at one location.

(15) “Person in Charge” means the person responsible for food safety and sanitation, and who is present at the food establishment during the NSLP, SBP, and Competitive Food Sales hours of operation. The Person in Charge is designated by Public and Private schools and RCCI Sponsors and Competitive Food Sales vendors for each meal site and each Competitive Food Sales site.

(16) “Private School” means any entity, except as provided in ORS 339.030(1)(c) and (d), that:

(a ) Is not supported with state funds;

(b) Is operated by a non-governmental, religious or non-religious group or organization:

(c) Is registered as a private school under the provisions of ORS 345.505-345.565;

(d) Provides educational services to students at any level, pre-K through grade 12;

(e) Has a teacher or teachers who provide instruction;

(f) Has an administrator or head teacher; and

(g) Occupies one or more buildings.

(17) “Program meals,” means the National School Lunch Program meals and School Breakfast Program meals.

(18) “Public School” means any entity that has been recognized as a school by the district school board through a resolution adopted by the board and:

(a) Is supported with public funds;

(b) Is operated by a local education agency, education service district or state education agency;

(c) Provides educational services to students at any level, pre-K through grade 12;

(d) Has a teacher or teachers to provide instruction;

(e) Has an administrator or head teacher;

(f) Provides Oregon statewide assessment to its students; and

(g) Occupies one or more buildings.

(19) “Residential Child Care Institution (RCCI)” means any Public or Nonprofit Private Residential Child Care Institution, or distinct part of such institution, which operates principally for the care of children. An RCCI is considered a school. Private RCCIs must be licensed to provide Residential Child Care services under the appropriate licensing code by the state or a subordinate level of government.

(20) “Satellite Kitchen” means a foodservice site where food is received fully prepared from another location and is ready to serve.

(21) “SBP” means the School Breakfast Program.

(22) “School Year” means a period of 12 calendar months beginning July 1 of any year and ending June 30 of the following year.

(23) “Sponsor” means Public and Private Schools and RCCIs who participate in the NSLP and SBP.

(24) “State or local public health authority” means the state or local governmental authority responsible for conducting Sponsor and Competitive Food Sales vendor Food Safety Inspections.

(25) “USDA” means the United States Department of Agriculture.

(26) “Vended Meals” means meals prepared by a facility other than the Sponsor and sold for service at a Sponsor’s meal site(s); or meals prepared by the Sponsor and sold to another foodservice operation.

Stat. Auth.: ORS 326

Stats. Implemented: 7 CFR210 & 7 CFR220.7

Hist.: EB 15-1987, f. & ef. 7-30-87; EB 2-1996, f. & cert. ef. 1-29-96; ODE 5-2002(Temp), f. & cert. ef. 2-1-02 thru 6-30-02; ODE 15-2002, f. & cert. ef. 6-10-02; ODE 3-2011, f. 1-31-11, cert. ef. 2-1-11

581-051-0306

Food Safety Inspection Requirements

(1) Sponsors must have at least two Food Safety Inspections for every kitchen and meal-serving site in their foodservice operation each school year.

(2) Vended Meal Sponsors must have at least two Food Safety Inspections for the receiving and sending food preparation and serving meal sites each school year.

(3) Competitive Food Sales vendors may be subject to a Food Safety Inspection every school year as determined by the state or local public health authority.

(4) The Food Safety Inspection standards are set forth in the School Food Safety Inspection Requirements for Sponsors and Competitive Food Sale vendors that are adopted by reference.

(5) The Sponsor “Person in Charge” requirements for Responsibility, Knowledge and Duties as stated in the School Food Safety Inspection Requirements will be effective July 1, 2003.

(6) The Competitive Food Sales vendor “Person in Charge” requirements for Responsibility, Knowledge and Duties as stated in the School Food Safety Inspection Requirements will be effective July 1, 2003.

(7) New Sponsors must have a Food Safety Inspection conducted by the state or local public health authority and must meet school food safety inspection requirements before starting the NSLP and SBP.

Stat. Auth.: ORS 326

Stats. Implemented: 7 CFR210 & 7 CFR220.7

Hist.: ODE 5-2002(Temp), f. & cert. ef. 2-1-02 thru 6-30-02; ODE 15-2002, f. & cert. ef. 6-10-02; ODE 3-2011, f. 1-31-11, cert. ef. 2-1-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

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

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