Oregon Bulletin
March 1, 2011
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 |