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OREGON DEPARTMENT OF EDUCATION
DIVISION 20
SCHOOL IMPROVEMENT AND PROFESSIONAL DEVELOPMENT
581-020-0005
Pertaining to School Improvement and Professional Development
A school Improvement and Professional Development Program has been established to encourage the following:
(1) The development of educational goals for individual schools and school districts;
(2) The assessment of the educational progress of school programs and students;
(3) The expansion of professional growth and career opportunities for Oregon teachers; and
(4) The restructuring of the school workplace to provide teachers with responsibilities and authority commensurate with their status as professionals.
Stat. Auth.: ORS 896
Stats. Implemented: ORS 329.695
Hist.: EB 8-1988, f. & cert. ef. 1-15-88
581-020-0010
Definitions
The following definitions apply to Oregon Administrative Rules 581-020-0005 through 581-020-0050 unless the context requires otherwise:
(1) "Administrator" includes all persons whose duties require administrative certificates.
(2) "Educational goals" means a set of goals for educational performance, as formulated by site committees and local communities, and adopted by district school boards, according to provisions of ORS 336.705 through 336.780, to encourage greater accountability between schools and the community, and better to assess the effectiveness of educational programs, including the professional growth and career opportunity programs, described in ORS 336.705-780.
(3) "Index of teacher and learning conditions" means the system for the collection and analysis of relevant educational data by schools, districts, and the state for the purpose of assessing the educational effectiveness of schools and programs.
(4) "School Improvement and Professional Development Program" means a formal plan submitted by a school district and approved by the Department of Education according to criteria specified in ORS 336.705-780.
(5) "School district" means a school district, an education service district, a state-operated school, or any legally constituted combination of such entities that submits an application under ORS 336.720.
(6) "Building site committee" means a 21st Century Schools Council as described in OAR 581-020-0130.
(7) "Teacher" means all certificated employes in the public schools or employed by an education service district who have direct responsibility for instruction, coordination of educational programs or supervision of teachers, and who are compensated for their services from public funds. "Teacher" does not include a school nurse as defined in ORS 342.455 or a person whose duties require an administrative certificate.
Stat. Auth.: ORS 336.705 - ORS 336.780
Stats. Implemented: ORS 329.575 & ORS 329.704
Hist.: EB 8-1988, f. & cert. ef. 1-15-88; EB 9-1990, f. & cert. ef. 1-30-90; ODE 9-1998, f. & cert. ef. 6-23-98
581-020-0015
Eligibility
A school district, an education service district, a state-operated school, or a combination of such entities may submit an application to the Department of Education to receive a School Improvement and Professional Development grant.
Stat. Auth.: ORS 336 & ORS 896
Stats. Implemented: ORS 329.695
Hist.: EB 8-1988, f. & cert. ef. 1-15-88; EB 9-1990, f. & cert. ef. 1-30-90
581-020-0020
Grant Application
(1) Except for state-operated schools, the school district in its application shall certify that its proposal has been approved by the school board and is consistent with existing district policies, rules, and contracts bargained under ORS 243.650 to 243.782.
(2) The administration of grant programs under this rule shall be consistent with existing district policies, rules, and contracts bargained under ORS 243.650 to 243.782.
(3) The deadline for applications submitted by districts under ORS 336.705 –3 36.780 shall be April 1 preceding the school year for which they are proposed. The Department of Education shall review all applications and shall approve or reject them no later than June 1 of the school year for which they are proposed.
(4) Distribution of grants-in-aid money through the School Improvement and Professional Development Program shall begin in the 1988-89 school year. Districts that qualify for grants under ORS 336.705-780 shall receive $1,000 per year per each full-time equivalent teacher deemed eligible for this program.
(5) Subject to ORS 291.232 to 291.260, the State Superintendent of Public Instruction shall distribute grants-in-aid to eligible school districts so that at least three-quarters of the allocation due to each eligible district is received no later than February 1 of each fiscal year and the remainder when all required reports are filed with the Department of Education. If underpayments or overpayments result, adjustments shall be made in the following year.
(6) Grants under this program shall be effective for one or two years (fiscal year, July 1–June 30) and are renewable. Grants may be renewed subject to the evaluation, reapplication, approval by the Oregon Department of Education, and the legislative appropriation of funds.
(7) Nothing in this section is intended to make grants under this rule subject to collective bargaining.
Stat. Auth.: ORS 336 & ORS 896
Stats. Implemented: ORS 329.709
Hist.: EB 8-1988, f. & cert. ef. 1-15-88; EB 9-1990, f. & cert. ef. 1-30-90
581-020-0025
Professional Growth, Career Opportunities, and Instructional Improvement
To be eligible for funding a district application shall define and provide a process by which eligible teachers are selected by a building site committee to receive additional professional growth and career opportunities which may include, but are not limited to, service as a mentor teacher, supervision and instruction of student teachers, either in the classroom or as an adjunct faculty member at a school of education, curriculum development, service on a site committee, reimbursement for academic course work, opportunities for research in a teacher's field or fields, programs to encourage peer observation and assistance programs, additional sabbaticals and other programs designed to encourage professional growth:
(1) All teachers in good standing shall be eligible for advance professional growth and career opportunities, according to criteria established by the building site committees. Those criteria shall include demonstration of the following:
(a) Mastery of teaching skills and subject matter knowledge;
(b) A commitment to personal and professional growth as a teacher;
(c) Active collaboration on professional matters with other faculty; and
(d) Active involvement in school and community affairs.
(2) In applying for such opportunities, teachers shall describe how such opportunities will further the goals of the schools in which the teachers are employed.
(3) Administrators may be eligible for additional professional growth and career opportunities according to criteria established by the building site committee, provided that their proposals are directly linked to enhancing their role as instructional leaders within their schools.
(4) Mini-grants for professional growth and career opportunities may be given for a period of time not to exceed one year.
(5) In exchange for assuming additional responsibilities a teacher approved for a professional growth and career opportunity shall be given the choice of receiving additional release time or additional compensation or a combination of both. However, release time shall not be used if to do so increases the work load of other teachers regularly employed by the school district.
Stat. Auth.: ORS 336 & ORS 896
Stats. Implemented: ORS 329.695
Hist.: EB 8-1988, f. & cert. ef. 1-15-88; EB 9-1990, f. & cert. ef. 1-30-90
581-020-0030
Application
To be eligible for funding, a district's application shall include the following:
(1) A description of a process to formulate and adopt district and individual school building educational goals so that such goals reflect input from a wide range of citizens in the community.
(2) A description of how the district will formulate and use indexes of teaching and learning conditions to measure progress according to those goals. The indexes of teaching and learning conditions may include, but are not limited to, such indicators as:
(a) Class size and teaching loads;
(b) A profile of the teaching and administrative personnel, including such characteristics as years of experience, rate of turnover and absenteeism;
(c) The frequency and nature of teacher misassignments;
(d) The socioeconomic status of the community;
(e) The ability and willingness of a school district to provide financial support for the schools;
(f) Measures of student progress as measured on school district or state assessments, or both;
(g) Attendance and drop out rates;
(h) Student conduct and disciplinary actions;
(i) Measure of student success in vocational, college, and other postsecondary programs; and
(j) Student expectations and attitudes toward learning.
(3) A description of how the proposed program will address the identified needs for professional growth and career opportunities of teachers in the district.
(4) Certification by the school district that none of the moneys received through ORS 336.705 – 336.780 shall be used to replace expenditures for existing programs for professional growth and career opportunities.
(5) A description of how the district will evaluate the effectiveness of its School Improvement and Professional Development grant, using educational goals and an index of teaching and learning conditions.
Stat. Auth.: ORS 336 & ORS 896
Stats. Implemented: ORS 329.709
Hist.: EB 8-1988, f. & cert. ef. 1-15-88; EB 9-1990, f. & cert. ef. 1-30-90
581-020-0050
Evaluation
(1) A teacher or administrator who receives a grant under this program shall submit a written evaluation report to the building site committee. The building site committee may require additional evaluative information.
(2) The building site committee who receives a mini-grant under this program shall submit a written evaluation report to the local district superintendent to be included in an evaluation report to the Oregon Department of Education.
Stat. Auth.: ORS 336 & ORS 896
Stats. Implemented: ORS 329.735
Hist.: EB 8-1988, f. & cert. ef. 1-15-88; EB 9-1990, f. & cert. ef. 1-30-90
581-020-0055
Professional Development Centers
(1) To administer ORS 336.705 to 336.780, the Department of Education shall dedicate a portion of its funds, not to exceed ten percent of the total appropriate for purposes of ORS 336.705 to 336.780 to provide for the establishment of professional development centers to:
(a) Assist school districts, teachers, site committee members, and other to formulate school improvement and professional development goals;
(b) Assist school districts, teachers, site committee members, and other to formulate and use indices of teaching and learning conditions;
(c) Provide additional professional growth and career opportunities for teachers; and
(d) Carry out other purposes of ORS 336.705-336.780.
(2) Contracts under this program shall be effective for one year and are renewable. Contracts may be renewed subject to the evaluation, reapplication, and approval by the Oregon Department of Education, and the legislative appropriation of funds.
(3) No contract monies shall be used to purchase capital items.
(4) No contract monies shall be used to replace expenditures for school improvement and professional growth opportunities.
Stat. Auth.: ORS 336
Stats. Implemented: ORS 329.695
Hist.: EB 4-1990, f. & cert. ef. 1-26-90
581-020-0060
Pertaining to Beginning Teacher and Administrator Mentorship Program
The State Board of Education shall establish a beginning teacher and administrator mentorship program to provide eligible beginning teachers and administrators in the state with continued and sustained support from a formally assigned mentor teacher or administrator. The legislative assembly finds that:
(1) The quality of teaching and administration in the public schools is of vital importance to the future of Oregon;
(2) Oregon has a special interest in insuring that the induction of beginning teachers and administrators into their profession enhances their professional growth and development by making a positive impact on student learning for all students, to help close the achievement gap;
(3) The formal assignment of mentors who have demonstrated the appropriate subject matter knowledge and teaching and administrative skills will substantially improve the induction and professional growth of beginning teachers in the state as well as provide mentors with additional and valuable opportunities to enhance their own professional growth ;
(4) Teachers and administrators who receive research-based, relevant mentoring produce students with a higher rate of achievement;
(5) School districts that have teacher mentoring have a higher rate of retention among teachers; and
(6) Administrators who receive mentoring improve their effectiveness as administrators and continue to improve throughout their careers.
Stat. Auth.: ORS 329.795
Stats. Implemented: ORS 329.790 - 329.820
Hist.: EB 18-1988, f. & cert. ef. 3-16-88; EB 9-1990, f. & cert. ef. 1-30-90; ODE 2-2008, f. & cert. ef. 1-25-08
581-020-0065
Definitions
The following definitions apply to Oregon Administrative Rules 581-020-0060 through 581-020-0090 unless the context requires otherwise:
(1) "Administrator's Present Position" means being assigned in the role as a principal or a superintendent.
(2) "Beginning Administrator" means a principal or superintendent who:
(a) Possesses an administrative license issued by the Teacher Standards and Practices Commission;
(b) Is employed as a principal or superintendent by a school district; and
(c) Has been assigned for fewer than two school years in the administrator's present position.
(3) "Beginning Teacher" means a teacher who:
(a) Possesses a teaching license issued by the Teacher Standards and Practices Commission;
(b) Is employed at least half time, primarily as a classroom teacher, by a school district; and
(c) Has taught fewer than two school years, as a licensed teacher in any public, private, or state-operated school.
(4) "Classroom Teachers" means all teachers who provide direct instruction to students.
(5) "District" means a school district, an education service district, a state-operated school, or any legally constituted combination of such districts.
(6) "Mentor " means an individual who:
(a) Is an acting or retired teacher, principal or superintendent;
(b) Has met established best practice and research-based criteria as defined by the State Board of Education by rule
(c) Possesses a teaching or administrative license issued by the Teacher Standards and Practices Commission;
(d) Has successfully served for five or more years as a licensed teacher, principal or superintendent in any public school; and
(e) Has been selected and trained as described in ORS 329.815.
(7) "Mentorship program" means a program provided by a mentor to a beginning teacher or administrator that includes, but is not limited to, direct classroom observation and consultation; assistance in instructional planning and preparation; support in implementation and delivery of classroom instruction; development of school leadership skills and other assistance intended to assist the beginning teacher or administrator to become a confident and competent professional educator who makes a positive impact on student learning.
(8) "Teacher" means a licensed employee of a common or union high school district, an employee of an education service district or a state-operated school who has direct responsibility for instruction, coordination of educational programs or supervision of teachers and who is compensated for services from public funds. "Teacher" does not include a school nurse as defined in ORS 342.455 or a person whose duties require an administrative certificate.
Stat. Auth.: ORS 326.051, 329.795
Stats. Implemented: ORS 329.790 - 329.820
Hist.: EB 18-1988, f. & cert. ef. 3-16-88; EB 9-1990, f. & cert. ef. 1-30-90; ODE 2-2008, f. & cert. ef. 1-25-08
581-020-0070
Eligibility
(1) There is established a beginning teacher and administrator mentorship program to provide eligible beginning teachers and administrators in this state with a continued and sustained mentorship program from a formally assigned mentor.
(2) Any district is eligible to apply to participate in the beginning teacher and administrator mentorship program. Grants may be subject to application, evaluation, approval by the Oregon Department of Education, and the legislative appropriation of funds.
(3) A school district may enter into a partnership with another school district, an institution of higher education, an education service district or another organization to operate jointly a beginning teacher and administrator support program if:
(a) All moneys received as grants-in-aid for the mentorship program are administered by the participating school district to provide direct services to beginning teachers and administrators; and
(b) All other requirements of ORS 329.790 to 329.820 are met.
(4) The awarding of grants under OAR 581-020-0080 is subject to the availability of funds appropriated therefore.
Stat. Auth.: ORS 326.051, 329.795
Stats. Implemented: ORS 329.790 - 329.820
Hist.: EB 18-1988, f. & cert. ef. 3-16-88; EB 9-1990, f. & cert. ef. 1-30-90; ODE 2-2008, f. & cert. ef. 1-25-08
581-020-0075
Grant Application
Each district that wishes to participate in the beginning teacher and administrator mentorship program shall submit a formal application to the Department of Education. The application shall include:
(1) The names of all eligible beginning teachers and administrators employed by the district and a description of their assignments and;
(2) A description of the proposed mentorship program, which must provide frequent contact, totaling a minimum of 90 hours between mentors and beginning teachers and administrators, throughout the school year.
(3) A description of the research based training that will be provided to mentors and beginning teachers and administrators.
(4) A description of how the training will build relationships of trust and mutual collaboration with beginning teachers and administrators.
(5) A description of the professional development mentors will receive before the school year begins and throughout the school year.
(6) A school district shall certify in the application that no eligible beginning professional educators are or may be under a conditional license, except as provided for by rules of the Teacher Standards and Practices Commission; and
Stat. Auth.: ORS 326.051, 329.795
Stats. Implemented: ORS 329.790 - 329.820
Hist.: EB 18-1988, f. & cert. ef. 3-16-88; EB 9-1990, f. & cert. ef. 1-30-90; ODE 2-2008, f. & cert. ef. 1-25-08
581-020-0080
Funding
(1) Subject to ORS 291.230 to 291.260, the Department of Education shall distribute grants-in-aid to qualifying school districts to offset the costs of beginning teacher and administrator mentorship programs. A qualifying district shall receive annually up to $5,000 for each full-time equivalent beginning teacher and administrator approved for support. Each biennium the department shall adjust the amount specified for each teacher or administrator based on the Consumer Price Index, as defined in ORS 327.006.
(2) If the funds are insufficient for all eligible proposals, the Department of Education shall award grants on a competitive basis taking into consideration geographic and demographic diversity.
Stat. Auth.: ORS 326.051, 329.795
Stats. Implemented: ORS 329.790 - 329.820
Hist.: EB 18-1988, f. & cert. ef. 3-16-88; EB 36-1988, f. & cert. ef. 8-5-88; EB 9-1990, f. & cert. ef. 1-30-90; EB 25-1990(Temp), f. & cert. ef. 5-18-90; ODE 2-2008, f. & cert. ef. 1-25-08
581-020-0085
The Selection, Nature and Extent of Duties of Mentor Teachers
(1) The selection, nature and extent of duties of mentors shall be determined by the school district based on the requirements of ORS 329.790 to 329.820.
(2) No teacher, principal or superintendent shall be designated as a mentor unless willing to perform in that role;
(3) No mentor shall participate in the evaluation of a beginning teacher or administrator for purposes of actions taken under ORS 342.805 to 342.937;
(4) Written or other reports of a mentor regarding a beginning teacher or administrator may not be used in the evaluation of beginning teacher or administrator.
(5) Each mentor shall complete successfully a training provided by the Oregon Department of Education or approved according to criteria established by the Department of Education while participating in the beginning teacher and administrator mentorship program;
(6) The grant received for each beginning teacher or administrator may be used by the district to compensate mentors or to compensate other individuals assigned duties to provide release time for teachers, principals or superintendents acting as mentors.
Stat. Auth.: ORS 326.051, 329.795
Stats. Implemented: ORS 329.790 - 329.820
Hist.: EB 18-1988, f. & cert. ef. 3-16-88; EB 9-1990, f. & cert. ef. 1-30-90; ODE 3-2008, f. & cert. ef. 1-25-08
581-020-0090
Violation and Penalty
A district that is determined by the Department of Education to be in violation of one or more of the requirements of OAR 581-020-0060 through 581-020-0085 may be required to refund all grants-in-aid moneys distributed under OAR 581-020-0080. The amount of penalty shall be determined by the State Board of Education.
Stat. Auth.: ORS 326.051, 329.795
Stats. Implemented: ORS 329.790 - 329.820
Hist.: EB 18-1988, f. & cert. ef. 3-16-88; ODE 3-2008, f. & cert. ef. 1-25-08
581-020-0100
Pertaining to 21st Century Schools
The 21st Century Schools Program has been established to encourage:
(1) The restructuring of school operations and formal relationships among teachers, administrators, and local citizens, including but not limited to modifications of the following:
(a) The length and structure of the school day and the school year;
(b) Curriculum requirements;
(c) Graduation requirements;
(d) The certification, assignment, and formal responsibilities of teachers, administrators, and other school personnel;
(e) State statutes and rules and local policies and agreements relating to educational practices, with the exception of those that affect health, safety, or constitutional rights under state or federal law;
(f) The formal and informal relationships between school districts, and other entities including community colleges, four-year colleges and universities, businesses, and other institutions; and
(g) The integration of traditional services to grades kindergarten through 12 with public and privately sponsored social services, such as early childhood education, day care, and assistance for teenage parents and other at-risk youth.
(2) Educators, school districts, and local citizens to establish measurable goals for educational attainment and increased expectations for student performance, including but not limited to improvement in such performance measures as:
(a) Student dropout rates;
(b) District, state, and national standardized tests and other assessments of student learning and educational progress;
(c) The extent and nature of parental involvement in school activities;
(d) Student conduct and disciplinary actions;
(e) Student expectations and attitudes towards learning; and
(f) Student success in college, vocational, and other postsecondary programs.
Stat. Auth.: ORS 840
Stats. Implemented: ORS 329.555
Hist.: EB 5-1990, f. & cert. ef. 1-26-90
581-020-0105
Definitions
The following definitions apply to Oregon Administrative Rules 581-020-0100 through 0135 unless the context requires otherwise:
(1) "Administrator" includes all persons whose duties require administrative certificates.
(2) "Building site committee" means a 21st Century Schools Council as described in OAR 581-020-0130.
(3) "Department" means the Department of Education.
(4) "District planning committee" means a body composed of teachers, administrators, school board members, and public members, constituted under OAR 581-020-0125, for the purpose of sponsoring programs submitted and approved under the 21st Century Schools Program.
(5) "School district" means a school district, an education service district, a state-operated school, or any legally constituted combination of such entities that sponsors an eligible program and submits an application under OAR 581-020-0125.
(6) "State Board" means the State Board of Education.
(7) "Teacher" means all certificated employees of a school district who have direct responsibility for instruction, coordination of educational programs, or supervision of teachers and who are compensated for their services from public funds. "Teacher" does not include a school nurse, as defined in ORS 342.455, or a person whose duties require an administrative certificate.
Stat. Auth.: ORS 840
Stats. Implemented: ORS 329.575 & ORS 329.704
Hist.: EB 5-1990, f. & cert. ef. 1-26-90; ODE 9-1998, f. & cert. ef. 6-23-98
581-020-0110
Eligibility
(1) Any district school board is eligible to submit an application for the 21st Century Schools Program.
(2) Applications may be made on behalf of the following:
(a) An individual school building;
(b) Two or more school buildings within a district;
(c) All school buildings within a district; or
(d) A consortium consisting of two or more school districts.
Stat. Auth.: ORS 840
Stats. Implemented: ORS 329.565
Hist.: EB 5-1990, f. & cert. ef. 1-26-90
581-020-0115
Application
(1) All applications for the 21st Century Schools Program shall be submitted to the Department of Education, and shall contain the following:
(a) A letter of support from the school board, and the exclusive representative of teachers in the buildings affected if waiver of a collective bargaining obligation over mandatory subjects of collective bargaining, a right or obligation under a collective bargaining contract or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613 or 342.650 is required;
(b) An abstract of the nature and objectives of the project and a description of the changes projected to occur in the school or district, or any combination thereof, as a result of the proposal;
(c) A description of the goals and major activities to be carried out as part of the project, including but not limited to the nature and extent of the restructuring of school operations and formal relationships as described in OAR 581-020-0100. The application shall also describe the process used to identify the goals and major activities of the project;
(d) A list of the major student learning and educational outcomes that are projected to occur as a result of the project, including but not limited to:
(A) The length and structure of the school day and the school year;
(B) Curriculum requirements;
(C) Graduation requirements;
(D) The certification, assignment, and formal responsibilities of teachers, administrators, and other school personnel;
(E) State statutes and rules and local policies and agreements relating to educational practices, with the exception of those that affect health, safety, or constitutional rights under state or federal law;
(F) The formal and informal relationships between the school district; and other entities including community colleges, four-year colleges and universities, businesses, and other institutions;
(G) The integration of traditional services to grades kindergarten through 12 with public and privately sponsored social services, such as early childhood education, day care, and assistance for teenage parents and other at-risk youth;
(H) Student dropout rates;
(I) District, state, and national standardized tests and other assessments of student learning and educational progress;
(J) The extent and nature of parental involvement in school activities;
(K) Student conduct and disciplinary actions;
(L) Student expectations and attitudes towards learning; and
(M) Student success in college, vocational, and other postsecondary programs.
(e) A description of all statutes and rules to be modified or waived to complete the activities of the project. For each provision, the application shall include a statement describing why the modification or waiver is warranted;
(f) A description of all district rules and agreements that are to be modified or waived. All such provisions shall be approved by a majority vote of each building site committee, the affirmative vote of at least two-thirds of the certificated teachers in the affected school buildings and the approval of the local district school board, and the exclusive representative of the teachers if waiver of a collective bargaining obligation over mandatory subjects of collective bargaining, a right or obligation under a collective bargaining contract or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613, 342.650;
(g) A budget plan for the project and additional anticipated sources of funding, if any, including private grants and contributions;
(h) A description of the process by which data will be collected and assessed to measure student learning and other educational performance attributable to the project;
(i) Letters expressing support and a willingness to participate from community colleges and other postsecondary institutions, where appropriate;
(j) The number of school years for which approval is sought. The period shall be no less than three years and no more than five years; and
(k) A description of how the district intends to share and disseminate to other school districts those practices that prove effective.
(2) Applications shall contain all the components of section (1) of this rule to be eligible for approval.
(3) The application may also contain written statements of support from parents, citizens, local businesses, and other interested individuals and organizations.
(4) A district shall submit its application to the Department of Education.
(5) Within 60 days districts submitting applications and the public will be given an opportunity to comment on the applications.
(6) No later than 90 days after receipt of an application by the Department of Education, the State Board of Education shall approve or deny any application submitted under this Act.
(7) Along with its annual report, a district may submit proposed amendments to its approved program describing additional statutes, rules, or local policies and agreements that it proposes to waive. Such amendments must be accompanied by a statement of support from the local school board, the exclusive representative of teachers if waiver of a collective bargaining obligation over mandatory subjects of collective bargaining, a right or obligation over mandatory subjects of collective bargaining, a right or obligation under a collective bargaining contract or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613 or 342.650 is required, and each building site committee involved in the project. The advisory committee may recommend approval of such amendments upon a finding of satisfactory progress by the district and a determination that all other provisions of this Act have been met.
(8) A district may terminate its application by submitting to the board a request for termination that has been approved by the school board, the exclusive representative of teachers if waiver of a collective bargaining obligation over mandatory subjects of collective bargaining, a right or obligation under a collective bargaining contract or any right under ORS 243.650 to 243.782, 342.513, 342.545, 342.553, 342.608, 342.610, 342.613, or 342.650 is required, and the building site committees.
(9) Applications under this program shall be effective for the period of time identified in the application and are renewable. Applications may be renewed subject to reapplication, evaluation, and the approval by the Board of Education.
Stat. Auth.: ORS 840, OL 1989
Stats. Implemented: ORS 329.575 & ORS 329.704
Hist.: EB 5-1990, f. & cert. ef. 1-26-90; EB 13-1993(Temp), f. 3-25-93, cert. ef. 3-26-93; EB 24-1993, f. & cert. ef. 7-30-93; ODE 9-1998, f. & cert. ef. 6-23-98
581-020-0120
State Advisory Committee
(1) The School Improvement and Professional Development Advisory Committee, appointed by the State Board of Education under ORS 336.730, shall propose rules, for adoption by the State Board, to govern the submission and approval of applications for the 21st Century Schools Program.
(2) The advisory committee shall review all applications submitted under this Act and recommend applications for approval by the State Board including but not limited to the following criteria:
(a) The existence of significant, measurable, and achievable goals based on student performance;
(b) The extent to which the district has demonstrated the need for the requested modifications and waiver of specified statutes and rules and local policies and agreements;
(c) The extent to which the application proposes significant changes in the structure of school operations and the formal relationships among teachers, administrators, and public citizens, as described in OAR 581-020-0100;
(d) The clarity of purpose and values underlying the proposal;
(e) Evidence of thoroughness in identifying, developing, and projecting implementation of the proposed activities;
(f) Evidence of potential transferability of the proposed activities and practices that are judged to be successful;
(g) A determination that modification or waiver of statutes and rules and local policies and agreements will not be detrimental to the health, safety, or constitutional rights of students, teachers, administrators, or the public under state or federal law; and
(h) A demonstration of support and commitment from all parties to support and faithfully implement the proposal.
(3) The advisory committee may suggest modifications in submitted applications, subject to the approval of the school board, the exclusive representative of teachers and each building site committee involved in the project.
(4) The State Board shall consider the recommendations of the advisory committee and make the final decisions on approval of the applications, using the criteria contained in section (2) of this rule. Before making these decisions, the State Board shall allow opportunity for comment by persons submitting the applications and by the public.
Stat. Auth.: ORS 840
Stats. Implemented: ORS 329.700
Hist.: EB 5-1990, f. & cert. ef. 1-26-90
581-020-0125
District Planning Committee
(1) If more than one school building is part of an application, the building site committees may elect to establish a district planning committee to facilitate the development of its application. A district planning committee constituted under this Act shall consist of:
(a) Administrators and at least one school board member to be chosen by the school board;
(b) Teachers, chosen by the exclusive representative, in a number equal to those appointed under subsection (1)(a) of this rule; and
(c) At least three public members, chosen jointly by the other members of the committee.
(2) To participate in the 21st Century Schools Program, and prior to submission of an application by the school board, a school district shall have accomplished the following:
(a) Identified the school building or buildings and, if appropriate, the school district or districts on whose behalf the application is submitted;
(b) Established, in each school building affected by the proposal, a building site committee;
(c) Agreed, at the direction of the building site committees and, if applicable, the district planning committee, upon the following:
(A) The major activities to be carried out as part of the project, including but not limited to the nature and extent of the restructuring of school operations and formal relationships;
(B) The specified measure of student learning and educational outcomes for each building affected by the application; and
(C) The process by which each building site committee and, where applicable, the district planning committee will collect data and assess the progress and final performance of its program.
(3) The local district school board shall be responsible for submitting the application and certifying that all appropriate requirements have been met.
Stat. Auth.: ORS 840
Stats. Implemented: ORS 329.705
Hist.: EB 5-1990, f. & cert. ef. 1-26-90
581-020-0130
21st Century Schools Council
(1) Each school site shall establish a 21st Century Schools Council (site council). The duties of the site council shall include, but not be limited to:
(a) The development of plans to improve the professional growth of the school's staff;
(b) The improvement of the school's instructional program;
(c) The development and coordination of plans for the implementation of programs under Oregon's Education Act for the 21st Century at the school; and
(d) The administration of grants-in-aid for the professional development of teachers and classified district employees.
(2) Members of the site council shall include licensed and classified staff from the building, parents of students attending the school, the building administrator or the administrator's designee, and any other members as determined to be appropriate by the site council, including but not limited to community members, students and business leaders. Site council composition shall be as follows:
(a) Neither parents nor teachers shall make up a majority of the site council;
(b) At least one member shall be a classified employee of the district;
(c) One member shall be the building administrator or the administrator's designee.
(3) Members shall be selected for the site council as follows:
(a) Licensed staff shall elect their representatives to the site council;
(b) Classified staff shall elect their representative(s) to the site council;
(c) Parents shall be selected by a process to be defined by the local school board; and
(d) Other representatives shall be selected by the council.
(4) If a school council cannot meet the requirements for composition as described in this rule or determines that the needs of the school require a different composition, the district school board may establish the school site council in a manner that best meets the needs of the district.
(5) All site council meetings shall be subject to the open meeting law pursuant to ORS 192.610 to 192.690.
(6) Nothing in this rule shall interfere with the duties, responsibilities and rights of duly elected district school boards.
Stat. Auth.: ORS 840
Stats. Implemented: ORS 329.575 & ORS 329.704
Hist.: EB 5-1990, f. & cert. ef. 1-26-90; ODE 9-1998, f. & cert. ef. 6-23-98
581-020-0135
Evaluation and Annual Reports
(1) Each district that receives approval for a project under the 21st Century Schools Program shall submit an annual report to the advisory committee appointed under ORS 336.730 and to the local community. The report shall include specific data that reflect the nature and extent of changes in student learning and other performance as described in its application.
(2) If, based upon theses annual reports, the advisory committee determines that a district's progress is unsatisfactory, the advisory committee may recommend to the State Board that the district be placed on probation for a one-year period. During the probationary year, the district shall be eligible for special assistance from the Department of Education. During the probationary year, the district shall also prepare a contingency plan in the event it is ordered to terminate its project prematurely.
(3) If, after the probationary period described in section (2) of this rule, the district's progress is still unsatisfactory in the judgment of the advisory committee, the advisory committee may recommend that the State Board terminate the project and implement its plan for returning to compliance with previously waived statutes, rules, and local policies and agreements.
Stat. Auth.: ORS 840
Stats. Implemented: ORS 329.600
Hist.: EB 5-1990, f. & cert. ef. 1-26-90
581-020-0200
School Facility Improvement Grants
(1) Any school district, which for purposes of this rule includes a common or union high school district, an education service district or any combination thereof, may apply for a School Facility Improvement Grant to construct or maintain public school facilities. No school district may submit more than one application on behalf of the individual school district and one application in conjunction with other school districts.
(2) Grant applications shall be submitted to the State Superintendent of Public Instruction by May 31. The application shall state:
(a) The specific purpose of the grant which may include, for new or existing facilities:
(A) Land acquisition;
(B) Planning and design;
(C) Construction;
(D) Remodeling;
(E) Reduction of energy consumption;
(F) Alternation;
(G) Furnishing and equipping;
(H) Repair;
(I) Replacement; and
(J) Other capital maintenance, but shall not include cleaning.
(b) The need for the construction or maintenance, including documentation of applicable factors such as:
(A) Age of the facility for which maintenance or construction is proposed;
(B) The degree of overcrowding;
(C) The absence of facilities necessary to accomplish the educational goals of the district and state;
(D) Deterioration of existing facilities which has the potential of affecting the health and safety of students;
(E) Damage or destruction of existing facilities due to natural disaster;
(F) Compliance with the Americans with Disabilities Act; and
(G) How the construction or maintenance will facilitate implementation of the educational goals of House Bill 3565 enacted by the 1991 Legislative Assembly.
(c) The amount requested and how the grant monies, if awarded, shall be matched with local funds. Grants shall be matched by at least one local dollar from the grant applicant for every four state dollars;
(d) The time period when the grant funds will be needed, including a statement of any detrimental effect that may be caused by delay; or in the alternative, a statement that the time period is flexible.
(3) Grants shall not exceed $500,000 in any biennium to any school district.
(4) In addition, a combination of districts may submit a joint grant application in an amount not to exceed $500,000.
(5) A district or combination thereof may apply in subsequent bienniums for additional grants for the same facility.
(6) Grants will be screened on the following criteria:
(a) Age of the school facilities;
(b) Degree of overcrowding;
(c) Potential student health and safety concerns due to deterioration of school facilities or natural disasters;
(d) Reduction of energy consumption; and
(e) The need for additional, new, replacement, or updated facilities in order to:
(A) Comply with the American with Disabilities Act; or
(B) Accomplish educational goals for the district and state, specifically the goals set forth in HB 3565.
(7) In the event that meritorious grant applications exceed the amount of grant funds available, the Superintendent of Public Instruction shall place all of the applications, which contain the information required under section (2) of this rule and which are judged meritorious by the criteria set forth in section (6) of this rule, in a pool from which applications will be selected on a random basis. Applications shall be ranked in order of their selection and grants shall be awarded in numerical order up to a total of $5 million.
(8) The Superintendent of Public Instruction shall award School Facility Improvement Grants from funds appropriated to the School Facility Improvement Fund subject to availability of funding. If the amount of funding is less than $5 million, grant awards will be reduced on a pro rata basis. Notification of grant awards shall be made within 45 days after the closing date for grant applications.
(9) The decision of the Superintendent shall be final.
Stat. Auth.: ORS 327.300 - ORS 327.330
Stats. Implemented: ORS 327.300, ORS 327.310, ORS 327.320 & ORS 327.330
Hist.: EB 3-1994, f. & cert. ef. 4-29-94; EB 9-1994(Temp), f. & cert. ef. 6-28-94
581-020-0250
Physical Education Grants
(1) The following definitions apply to this rule:
(a) “Number of minutes” means the number of minutes of physical education instruction that is actually provided to all students kindergarten through grade 8 each school week.
(b) “Physical capacity” means the space, indoors and out, available at the school to provide the prescribed number of minutes per week at a class size that promotes effective practices consistent with the outcomes expected of the instructional programs.
(2) Beginning with the 2017-2018 school year:
(a) Kindergarten through grade 5 students shall participate in at least 150 minutes of physical education during each school week throughout the school year; and
(b) Students in grades 6-8 shall participate in at least 225 minutes of physical education during each school week.
(3) The Department of Education shall distribute Physical Education K-8 Expansion grants for activities related to meeting the physical education requirements for instruction of all students in kindergarten through grade 8 described in subsection (2) of this rule.
(4) The grants may be used to:
(a) Hire teachers who are licensed to teach in physical education or who are allowed to teach physical education within the scope of the endorsements on their license; and
(b) Provide in-service training to teachers, not specifically endorsed in physical education, on the instruction of physical education, the academic content standards for physical education and the minimum number of minutes requirement using evidence-based programs.
(5) School districts and public charter schools shall identify in the grant application of the district or school the goals of the district or school for increases in the number minutes per week for the entire school year and shall outline how the district or school plans to use the resources provided from the grant to reach the performance goals.
(6) In evaluating the grant applications, the Department shall consider:
(a) The physical capacity readiness of the district or public charter school to implement the goals set by the district or school for increases in physical education instruction;
(b) The amount of teacher support within the school where the grant will be used;
(c) The activities identified to meet the stated goals;
(d) Consistency with the district’s Continuous Improvement Plan; and
(e) Consistency with the district’s Wellness Plan.
(7) Each district or public charter school shall account for the grant amounts it receives, and shall apply these amounts to pay for activities described in the district or school’s grant application.
(8) Each district or public charter school may use the grant funds only for schools that offer kindergarten through grade 8 or a combination of those grades and only for those purposes described in the approved district or school application.
(9) A district or public charter school may apply for a second year continuation grant. In addition to the criteria listed in subsection (6) of this rule, the department in evaluating an application for a second year continuation grant shall consider whether the district or school has shown continued commitment and fidelity to the district’s or school’s application from the prior year.
(10) To receive a grant under this rule, the district or public charter school shall agree to continue to offer, after the time period of the grant, the required number of minutes of physical education instruction described in subsection (2) of this rule at those schools for which the district or school received the grant funds.
(11) The State Superintendent of Public Instruction shall resolve any issues arising from the administration of the School Improvement Fund grants not specifically addressed by this rule and the Superintendent’s determination shall be final.
Stat. Auth.: ORS 326.051
Stats. Implemented: Sec. 10, ch. 839, OL 2007
Hist.: ODE 29-2007, f. & cert. ef. 12-12-07
581-020-0301
Public Charter School Proposal Review and Approval Process
(1) An applicant must submit proposals to the local school district board and the State Board of Education.
(2) Upon receipt of a proposal from an applicant, the school district board will ensure that the proposal addresses all of the required components as set out in ORS 338.045(2). Within 15 business days of the receipt of a proposal, the school district will notify the applicant as to the completeness of the proposal. Proposals that minimally address or leave out any of the required components are not complete and may be returned to the applicant. A proposal that included, for example, a reprinting of the charter school statutes as its response to a required component, would minimally address that component and would not be complete. A proposal that addressed a required component based on an incorrect budget assumption or in a manner that is unsatisfactory to the local school district would nonetheless be complete.
(3) Within 60 days of the notification to the applicant of the school district's receipt of a complete proposal, the school district board must hold a public hearing on the proposal in accordance with Oregon public meeting laws (ORS 192.610 through 192.695, 192.710, and 192.990).
(4) The school district board must evaluate the proposal in good faith using the following criteria:
(a) Demonstrated, sustainable support for the public charter school by teachers, parents, students and other community members, including comments received at the public hearing held under section (3) above;
(b) Demonstrated financial stability of the public charter school, including the demonstrated ability of the school to have a sound financial management system in place at the time the school begins operating;
(c) Capability of the applicant, in terms of support and planning, to provide students with comprehensive instructional programs;
(d) Capability of the applicant, in terms of support and planning, to provide academically low achieving students with comprehensive instructional programs;
(e) The extent that the proposal addresses the components required in ORS 338.045, including any additional components or information required under local school district board policy;
(f) Whether the value of the public charter school is outweighed by any directly identifiable, significant and adverse impact on the quality of the public education of students residing in the school district where the public charter school is located;
(g) Whether there are arrangements for any special education and related services for children with disabilities pursuant to ORS 338.165; and
(h) Whether there are alternative arrangements for students and for teachers and other school employees who choose not to attend or who choose not to be employed by the public charter school.
(5) Within 30 days of the public hearing, the district school board must either approve or deny the proposal. Written notice of the decision must be sent to applicants. Such notice must include reasons and suggestions for remediation for all proposals that are denied.
(6) An applicant may revise and resubmit the proposal to the district school board.
(7) The local school board must approve or disapprove the revised proposal within 20 days of receipt.
(8) The applicant must forward a copy of the written notice of approval to the State Board of Education.
(9) An applicant whose proposal is not approved by the local school board may request a review of that decision by the State Board of Education under the procedure set out in OAR 581-020-0331.
Stat. Auth.: ORS 338.025
Stats. Implemented: ORS 338.055
Hist.: ODE 13-2000, f. & cert. ef. 5-3-00; 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
581-020-0311
Development and Execution of a Charter
(1) School district boards that approve a proposal will be considered the sponsor of the public charter school defined in the proposal.
(2) An applicant whose proposal has been approved by the sponsor must, in cooperation with the sponsor, prepare and execute a charter that addresses, at a minimum, the information that is included in the proposal.
(3) Notwithstanding subsection (2), an applicant and sponsor may agree to change elements of the proposal prior to including them in the charter and may agree to exclude elements of the proposal from the charter or to include new elements in the charter.
(4) Executed charters may be in effect for no more than five years and may be renewed by the sponsor.
(5) A sponsor and the charter school governing body may amend a charter at any time by joint agreement.
Stat. Auth.: ORS 3263.051
Stats. Implemented: Ch. 200, OL 1999 (SB 100)
Hist.: ODE 13-2000, f. & cert. ef. 5-3-00
581-020-0321
Charter School Development Timelines
(1) School district boards may develop timelines, policies and procedures for receiving, evaluating and approving or disapproving proposals within the parameters set out in Chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100 Section 7).
(2) School district board timelines, policies and procedures for receiving, evaluating and approving or disapproving proposals may require coordination of charter proposal development with the district's budgeting, student enrollment or operational timelines as necessary to demonstrate that the proposed charter school would meet the requirements of Chapter 200, Oregon Laws 1999 (Enrolled Senate Bill 100, Section 7, subsection (2)(f)).
(3) Upon request from a school district, the State Board of Education may extend any timeline required in ORS Chapter 200, Oregon Laws 1999, (Enrolled Senate Bill 100) if the school district can demonstrate good cause for the extension.
Stat. Auth.: ORS 3263.051
Stats. Implemented: Ch. 200, OL 1999 (SB 100)
Hist.: ODE 13-2000, f. & cert. ef. 5-3-00
581-020-0331
Appeal Process
(1) An applicant whose proposal to start a public charter school is not approved may request the State Board of Education review the decision of the school district board.
(2) The State Board of Education delegates to the Superintendent of Public Instruction or designee all administrative functions necessary or reasonable in order to conduct review. This delegation to the Superintendent includes, but is not limited to:
(a) Determining the form, contents and timelines of the petition for review;
(b) Determining the records required for review and ordering the production of those records from either the applicant or school district board and establishing timelines for the production of those records;
(c) Requiring the applicant or school district board to respond to written or oral inquiries related to board review;
(d) Determining the manner, means and content of recommendations if any, to the applicant and school district board regarding revisions to the application;
(e) Determining at any time during the review process to reject a review request if in the judgment of the Superintendent, the applicant fails to reasonably comply with the administrative review processes of the Superintendent; and
(f) Negotiate, if determined by the Superintendent to be appropriate, the terms of a proposed written charter that contains terms consistent with tentative agreements reached with the applicant during the review process.
(3) At the conclusion of the administrative review process the Superintendent shall recommend in writing to the State Board to:
(a) Reject a proposal to start a public charter school if the proposed charter school fails to meet the requirements of ORS 338; or
(b) Sponsor the public charter school upon the terms in the proposal or upon such other terms specified.
(4) The State Board will consider the recommendation of the Superintendent and any other information it deems relevant and determine based on the requirements of ORS 338 to reject the proposal to have the State Board sponsor the public charter school or agree to sponsor the public charter school.
(5) The decision of the State Board rejecting a proposal to sponsor the public charter school will be based on substantial evidence in the record and will be made within 75 days of receipt by the State Board of the Superintendent's recommendation, unless extended for good cause.
Stat.
Auth.: ORS 326.051 & 338.025
Stats.
Implemented: ORS 338.075
Hist.:
ODE 13-2000, f. & cert. ef. 5-3-00; ODE 10-2002, f. & cert. ef. 4-12-02;
ODE 5-2004(Temp), f. & cert. ef. 3-15-04 thru 9-1-04; Administrative Correction
9-28-04; ODE 21-2012, f. & cert. ef. 8-1-12
581-020-0334
Financial Management System
(1) A charter school applicant must include a description of a financial management system within the proposal submitted to the local school district board and the State Board of Education.
(2) A public charter school must have in place a financial management system at the time the school begins operation.
(3) A financial system used by a public charter school must include a budget and accounting system that:
(a) Is compatible with the budget and accounting system of the sponsor of the school;
(b) Complies with the requirements of the uniform budget and accounting system adopted by the State Board of Education under OAR 581-023-0035
Stat. Auth.: ORS 338.025
Stat. Implemented: ORS 338
Hist.: ODE 11-2010, f. &
cert. ef. 6-30-10; ODE 16-2011, f. & cert. ef. 12-15-11
581-020-0336
Annual Financial Reporting
(1) A public charter school shall have an annual audit of the accounts of the public charter school prepared in accordance with the Municipal Audit Law, ORS 297.405 to 297.555 and 297.990.
(2) After an audit, the public charter school shall forward a copy of the annual audit to the Department of Education.
(3) After an audit, the public charter school shall forward the following to the sponsor:
(a) A copy of the annual audit;
(b) Any statements from the public charter school that show the results of all operations and transactions affecting the financial status of the public charter school during the preceding annual audit period for the school; and
(c) A balance sheet containing a summary of the assets and liabilities of the public charter school as of the closing date of the preceding annual audit period for the school.
Stat. Auth.: ORS 338.025
Stat. Implemented: ORS 338.095
Hist.: ODE 11-2010, f. &
cert. ef. 6-30-10; ODE 17-2011, f. 12-15-11, cert. ef. 1-1-12
581-020-0338
Virtual Public Charter Schools
(1) All statutes and rules that apply to public charter schools also apply to virtual public charter schools. In addition, virtual public charter schools must also meet additional statutory requirements found in ORS Chapter 338.
(2) As used in ORS Chapter 338 and the rules of the State Board of Education, “virtual charter school” means a public charter school that provides online courses. An online course is a course in which:
(a) Instruction and content are delivered primarily on a computer using the internet other electronic network or other technology such as CDs or DVDs;
(b) The student and teacher are in different physical locations for a majority of the student’s instructional period while participating in the course;
(c) The online instructional activities are integral to the academic program of the school as described in its charter; and
(d) The student is not required to be located at the physical location of a school while participating in the course.
(3) Notwithstanding section (2) of this rule, “virtual public charter school” does not include a public charter school that primarily serves students in a physical location. A charter school is not a virtual public charter school if the schools meet all of the following requirements:
(a) More than 50 percent of the core courses offered by the school are offered at a physical location and are not online courses:
(b) More than 50 percent of the total number of students attending the school are receiving instructional services at a physical location and not in an online course; and
(c) More than 50 percent of the minimum number of instructional hours required to be provided to students by the school under OAR 581-022-1620 during a school year are provided at a physical location and not through an online course.
(4) As used in this rule:
(a) “Core course” means:
(A) English language arts including reading and writing;
(B) Mathematics;
(C) Science:
(D) Social sciences including history, civics, geography and economics
(E) Physical education;
(F) Health
(G) The arts;
(H) Second languages and
(I) Career and technical education
(b) “Physical location” means a facility that is owned, leased or otherwise used by a school to deliver educational services. “Physical location” includes, but is not limited to, a school, library, public building or other physical space utilized by the school. “Physical location does not include a student’s home.
(c) “Public charter school” has the meaning given that term in ORS 338.005.
(5) This rule does not apply to programs or courses offered by school districts, education service districts, alternative education programs or the Oregon Virtual School District.
Stat. Auth.: ORS 338.025
Stats. Implemented: ORS 338.005
Hist.: ODE 12-2010, f. &
cert. ef. 6-30-10
581-020-0341
Procedure to Waive Certain Provisions of the Charter School Law
(1) A public charter school may petition the State Board of Education for a waiver of any provision of ORS 388. The written petition must specify the reason(s) the charter school is seeking the waiver and any other relevant information.
(2) The public charter school must notify the sponsor if a waiver under this section is being considered. Waivers granted by the State Board to a charter school may require amending the charter under the provisions of OAR 581-020-0311(5).
(3) The State Board of Education, upon receipt of a waiver petition, will review the petition and may grant the waiver upon a showing that approving the waiver would:
(a) Promote the development of programs by providers;
(b) Enhance the equitable access by underserved families to the public education of their choice;
(c) Extend the equitable access to public support by all students; or
(d) Permit the development of high quality programs of unusual cost.
(4) The State Board of Education may not waive any review provision under the Act or any provision under ORS 338.115(1)(a)–(o)).
Stat. Auth.: ORS 3263.051
Stats. Implemented: Ch. 200,
OL 1999(SB 100)
Hist.: ODE 13-2000, f. &
cert. ef. 5-3-00; ODE 10-2002, f. & cert. ef. 4-12-02; ODE 5-2003(Temp), f.
& cert. ef. 4-2-03 thru 9-15-03; Administrative correction 11-13-03
581-020-0342
Virtual Public Charter School Student Enrollment
(1) As used in this rule:
(a) “Notice” means a written notice that is mailed, faxed, e-mailed or personally delivered by the party required to provide the notice.
(b) “Parent” means parent, legal guardian or person in parental relationship as defined in ORS 339.133.
(c) “Reside in a school district” means the school district in which the student’s parent resides.
(d) “School district” means a school district in which more than three percent of the students who reside in the school district are enrolled in one or more virtual public charter schools.
(e) “Student” means a student who seeks to enroll in a virtual public charter school on or after August 2, 2011.
(f) “Virtual public charter school” is as that term is defined in OAR 581-020-0338.
(2) A parent must provide notice to the school district in which the parent resides that the parent intends to enroll a student in a virtual public charter school. Upon receiving the notice, a school district may choose to do nothing further until receiving notice the student is enrolled in the school or if more than three percent of the students who reside in the school district are enrolled in virtual public charter schools not sponsored by the district, the district must provide notice to the parent that the district:
(a) Approves the student for enrollment in the virtual public charter school; or
(b) Does not approve the student for enrollment in the virtual public charter school and provide a copy of this rule and OAR 581-020-0343 to the student and a list of two or more other online options available to the student.
(3) If a parent does not receive a notice of approval or disapproval from a school district under subsection (2) of this rule within 14 days of sending the notice of intent to enroll to the district, the student shall be deemed approved for enrollment by the district.
(4) A parent may appeal a decision of a school district to not approve a student for enrollment to the State Board of Education pursuant to OAR 581-020-0343.
(5) A virtual public charter school may only enroll a student if the school receives evidence the student’s parent has notified the resident school district of the student’s intent to enroll in the school. A school shall consider any of the following as evidence the resident school district received adequate notice:
(a) A copy of the notice of intent to enroll sent to the district by the parent;
(b) A notice of approval for enrollment from the district; or
(c) A copy of a final order issued by the Superintendent pursuant to OAR 581-020-0343 that finds that the student is approved for enrollment in the school.
(6) A virtual public charter school shall send a list of students to each school district in which a student who is enrolled in the school resides. The list shall be sent monthly when the virtual school is in session.
(7) If a school district chooses to not approve a student for enrollment in a virtual public charter school under this section, the district must have a policy that at a minimum includes the following:
(a) The annual, semiannual or other date that the school district used to calculate whether or not three percent or more of the students who reside within the district are enrolled in a virtual public charter school.
(b) The description of the data used by the school district to calculate the number of students who reside in the district and the number of students who are enrolled in virtual public charter schools. A school district is only required to use data that is reasonably available to the district including but not limited to:
(A) The number of students enrolled in the schools of the school district;
(B) The number of students enrolled in public charter schools located in the school district;
(C) The number of students enrolled in virtual public charter schools;
(D) The number homeschooled students who reside within the district and who have registered with an education service district; and
(E) The number of students enrolled in private schools located within the school district.
Stat. Auth.: ORS 338.025
Stats. Implemented: ORS 338.125
Hist.: ODE 11-2011(Temp), f.
& cert. ef. 8-23-11 thru 2-19-12; ODE 19-2011, f. & cert. ef. 12-15-11
581-020-0343
Virtual Public Charter School Student Enrollment Appeal Procedure
(1) The State Board of Education delegates to the Superintendent of Public Instruction or designee all administrative functions necessary or reasonable in order to conduct a timely appeal process. This delegation includes issuing a final order. An order issued by the Superintendent or designee shall be considered an order in other than a contested case under ORS 183.484.
(2) A parent may appeal a decision of a school district to not approve enrollment of a student in a virtual public charter school under OAR 581-020-0342 by sending a notice of appeal in writing by mail, fax or e-mail or by personally delivering a copy to the Superintendent of Public Instruction. The notice must be received by the Superintendent within 10 days of the date on which the parent received notice from the district, the district did not approve enrollment of a student in a virtual public charter school. The parent must also provide a copy of the notice of appeal and any other supporting documents included with the notice to the school district prior to sending the notice of appeal to the Superintendent or within 24 hours of when the parent sent or delivered the notice of appeal to the Superintendent.
(3) The notice of appeal must include:
(a) The parent and student’s name and contact information.
(b) The name of the resident school district.
(c) The name of the virtual public charter school in which the student wants to enroll.
(d) A copy of the notice of intent to enroll provided by the parent to the school district.
(e) A copy of the notice of disapproval of enrollment received by the parent from the school district.
(f) The reason for the appeal and any supporting documents including evidence the parent would like considered as part of the appeal.
(4) A school district upon receiving a notice of appeal from a parent may file a reply to the notice with the Superintendent. The reply must be received by the Superintendent within 10 days of when the school district received a copy of the notice of appeal from the parent. The school district shall provide a copy of the reply and any supporting documents included with the reply to the parent.
(5) The Superintendent shall overturn the decision of the school district to not approve the enrollment of the student if the Superintendent determines that:
(a) The school in which the student intends to enroll is not a virtual public charter school.
(b) The resident school district does not have more than three percent of the resident students of the district enrolled in virtual public charter schools not sponsored by the district.
(c) The parent did not receive the notice of disapproval from the district within 14 days of when the parent sent the district the notice of intent to enroll.
(6) The Superintendent may consider the following in deciding whether to uphold or overturn a decision of the school district to not approve the enrollment of a student:
(a) The health and safety of the student.
(b) The student’s educational needs and interests.
(c) The availability of other online options to the student.
(d) Any other information that the Superintendent deems relevant to the decision.
(7) The Superintendent shall issue a final order within 30 days of receiving the notice of appeal from the parent. The Superintendent shall send a copy of the final order to the parent, the school district and the virtual public charter school.
Stat. Auth.: ORS 338.025
Stats. Implemented: ORS 338.125
Hist.: ODE 11-2011(Temp), f.
& cert. ef. 8-23-11 thru 2-19-12; ODE 19-2011, f. & cert. ef. 12-15-11
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
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 10 days after the public hearing, the sponsor must notify the public charter school governing body of the sponsor's intent to renew or not renew the charter.
(4) Within 20 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.
(5)(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.
(6) The sponsor must base the evaluation described in section (5) 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.
(7)(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 charter shall be considered not renewed and the sponsor must state in writing the reasons for denying the renewal of the charter within 100 days after the date on which the sponsor originally approved the renewal of the charter or by a specified alternative date agreed to by both parties.
(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.
(8) 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 (7) 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.
(9) Notwithstanding sections (1) to (8) 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 (8) of this rule.
(10) 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.
(11) If the sponsor does not renew the charter based on the revised request for renewal submitted under section (8) 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
581-020-0361
Appeal of Sponsor's Decision Not to Renew a Charter
(1) Within 30 days of receiving notice from a sponsor that the sponsor has decided not to renew the charter (contract) based on a revised request for renewal, a public charter school governing body may request the State Board of Education review the decision by the sponsor not to renew a charter. Any notice of a request for State Board review must be made in writing and be delivered to the State Board of Education and the business address of the sponsor.
(2) The decision of a sponsor not to renew a charter must be based on a good faith evaluation of the factors set out in ORS 338.065(6) and must utilize the process set out in 338.065(4) and OAR 581-020-0360.
(3) The State Board, State Superintendent or designee will review the decision of a sponsor not to renew a charter for compliance with the requirements of subsection (2) of this rule.
(4) The State Board of Education delegates to the Superintendent of Public Instruction or designee all administrative functions necessary or reasonable in order to conduct a timely review of the decision of the sponsor to not renew a charter. This delegation to the Superintendent includes, but is not limited to:
(a) Determining the form, contents, and timelines of the petition for review;
(b) Determining the records required for review and ordering the production of those records from either the public charter school governing body or school district board and establishing timelines for the production of those records;
(c) Requiring the public charter school governing body or school district board to respond to written or oral inquiries related to board review;
(d) Delegating the review function to department staff or a hearings officer conduct the review and issue a proposed order; and
(e) Issuing a final order.
(5) If the State Superintendent or designee finds that the sponsor made the decision to not renew a charter based on a good faith evaluation of the factors set out in ORS 338.065(6) and utilized the process set out in 338.065(4), a final order will be issued to uphold the decision of the sponsor.
(6) If the State Superintendent or designee finds that the sponsor did not make the decision to not renew a charter based on a good faith evaluation of the factors set out in ORS 338.065(6), did not utilize the process set out in 338.065(4) or both, a final order will be issued to order the sponsor to reconsider the request for renewal utilizing the process and requirements set out in OAR 581-020-0360.
(7) The State Superintendent or designee shall issue the final order within 60 days from the receipt of the request for review, unless both parties agree to a different timeline.
(8) If a school district on reconsideration ordered under section (6) of this rule does not renew the charter, the sponsor's decision may be appealed under the provisions of ORS 183.484.
(9) A charter school that requested renewal of its charter by the sponsor in writing at least 180 days before expiration of the charter shall remain open under the terms of its charter, unless otherwise agreed to by the charter school and the sponsor, until one or more of the following occurs:
(a) The sponsor and the charter school execute a new charter.
(b) The sponsor denies the renewal of the charter and the time period for the charter school to resubmit a renewal request or appeal the decision to the State Board of Education has lapsed.
(c) The State Superintendent or designee issues a final order to uphold the decision of the sponsor to not renew.
(d) The State Superintendent or designee issues a final order that orders the school district to reconsider the decision to non-renew and the school district again notifies the charter school of a nonrenewal.
(e) A court orders the closure of the school.
(f) The charter of the school is terminated under ORS 338.105 and OARs 581-020-0380 and 581-020-0385.
Stat. Auth: ORS 326.051
Stats. Implemented: ORS 338.065
Hist.: ODE 9-2008, f. & cert. ef. 3-21-08
581-020-0380
Process for Sponsor to Terminate Charter
(1) A sponsor may terminate a charter for failure to:
(a) Meet the terms of the approved charter or any requirement of ORS Chapter 338, unless waived by the State Board of Education;
(b) Meet the requirements for student performance as established in the approved charter;
(c) Correct any violation of a federal or state law described in ORS 338.115;
(d) Maintain insurance as described in the approved charter;
(e) Maintain financial stability; or.
(f) If the charter is terminated on or after July 1, 2011, failure to maintain, for two or more consecutive years, a sound financial management system described in the proposal submitted under ORS 338.045 and incorporated into the written charter under 338.065.
(2) A sponsor intending to terminate an approved charter must:
(a) Notify the public charter school governing body in writing at least 60 calendar days prior to the proposed effective date of the termination;
(b) Include in the notification the grounds for the termination; and
(c) Deliver the notice to the business address of the charter school.
(3) The governing body of a public charter that has received notice from the sponsor of the sponsor's intent to terminate the charter may request a hearing by the sponsor. Such a request must be made in writing and be delivered to the business address of the sponsor. Within 30 days of receiving the request for a hearing, the sponsor must provide the public charter school with the opportunity for a hearing on the proposed termination.
(4) If the sponsor reasonably believes that a public charter school is endangering the health or safety of the students enrolled in the public charter school, the sponsor may act to immediately terminate the approved charter and close the public charter school without providing the notice requirements set out in section (3) of this rule.
(5) The governing body of a public charter that is closed under the provisions of section (4) of this rule may request a hearing by the sponsor. Such a request must be made in writing and be delivered to the business address of the sponsor. Within 10 days of receiving the request for a hearing, the sponsor must provide the public charter school with the opportunity for a hearing on the termination.
(6) Nothing in this rule should be construed as limiting the ability of a sponsor and a public charter school to include in the charter a procedural requirement for alternative dispute resolution prior to invoking the termination process.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 338.105
Hist: ODE 19-2002, f. & cert. ef. 8-2-02; ODE 11-2010, f. & cert. ef. 6-30-10
581-020-0385
Process to Appeal Decision by Sponsor to Terminate Charter
(1) A public charter school governing body may request the State Board of Education review the decision to terminate a charter. Any notice of a request for State Board review must be made in writing and be delivered to the State Board of Education and the business address of the sponsor.
(2) The State Board of Education delegates to the Superintendent of Public Instruction or designee all administrative functions necessary or reasonable in order to conduct a timely review. This delegation to the Superintendent includes, but is not limited to:
(a) Determining the form, contents, and timelines of the petition for review;
(b) Determining the records required for review and ordering the production of those records from either the public charter school governing body or school district board and establishing timelines for the production of those records;
(c) Requiring the public charter school governing body or school district board to respond to written or oral inquiries related to board review;
(d) Delegating the review function to a hearings officer to hold a hearing under ORS 183.310 through 183.550 and issue a proposed order; and
(e) Issuing a final order that may be appealed under the provisions of ORS 183.484.
(3) The State Board, or its designee, will where possible, issue its final order within 60 days from the sponsor's notification of intent to terminate as required in ORS 338.105(2). If it is not possible to issue the final order within 60 days, the charter school shall remain open pending issuance of the final order.
(4) The governing body of a public charter school that is closed under the provisions of ORS 338.105(4) may request the State Board of Education, or its designee, to review the decision of the sponsor to terminate the charter and close the public charter school. The State Board of Education, or its designee, will hold a hearing within 10 days of receiving the request for review. The review under this section will be accomplished under the provisions of section (2) of this rule and under the timelines set out in ORS 338.105(4) and, to the extent practicable, Section 3 of this rule.
Stat. Auth: ORS 326.051
Stats. Implemented: ORS 338.105
Hist.: ODE 19-2002, f. & cert. ef. 8-2-02
581-020-0390
Process for Charter School Governing Body to Terminate Charter and Dissolve Public Charter School
The governing body of a public charter school may only terminate, dissolve or close an operating public charter school at the end of a semester. The governing body must provide the sponsor with notice of the intent to terminate the charter, and close and dissolve the public charter school, at least 180 days before the proposed date of termination, closure and dissolution. Such notice must be made in writing and be delivered to the business address of the sponsor.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 338.105
Hist.: ODE 19-2002, f. & cert. ef. 8-2-02
581-020-0395
Distribution of Assets of a Terminated or Dissolved Public Charter School
(1) Assets of a terminated, closed or dissolved public charter school that were obtained with public funds will be given to the State Board of Education. The State Board of Education, at its discretion, may disburse these assets to school districts or to other public charter schools.
(2) Assets of a terminated, closed or dissolved public charter that were obtained with grant funds will be disbursed according to the terms of the grant. If the grant is absent any reference to ownership or distribution of assets, assets of a terminated, closed or dissolved public charter school will be disbursed according to the provision set out in section (1) of this rule.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 338.015
Hist.: ODE 19-2002, f. & cert. ef. 8-2-02
581-020-0500
OVSD Definition
(1) The Oregon Virtual School District shall undertake efforts for a sustainable framework for K–12 virtual learning that enhances student achievement by providing resources with guidelines for delivery. Resources may include, but are not limited to, digital instructional content, complete courses, materials for teacher implementation, online communication systems for instruction and teacher professional development and training.
(2) The OVSD Framework is based on the legislative direction of an equitable opportunity for all students' access to online resources, without regard to social and economic status. Resources are intended to be available for all School Districts and students for the purpose of enriching student Education. A sustainable framework includes the components of creating standards while developing online instructional resources. OVSD resources are available to support public education providers to implement online instruction to enhance distance learning and supplement classroom instruction. Participation in the OVSD program is voluntary for Oregon Educational Service Districts, School Districts and Schools.
Stat. Auth.: ORS 319.840, 326.051
Stats. Implemented: ORS 319.840
Hist: ODE 14-2006, f. 10-23-06, cert. ef. 10-24-06
581-020-0505
Online School Definition
Public school, public instructional program, or ESD, providing learning opportunities for publicly enrolled students via the Internet or other electronic network. Instruction should satisfy Oregon content, teaching standards and accreditation rules. Online programs and schools are governed by their school district guidelines for operations and education delivery.
Stat. Auth.: ORS 319.840, 326.051
Stats. Implemented: ORS 319.840
Hist: ODE 14-2006, f. 10-23-06, cert. ef. 10-24-06
581-020-0510
Oregon Teacher
Teaching CORE classes in Oregon requires State licensure as well as teaching in the content area of approval as outlined by NCLB. This applies to all public schools and is defined in OAR 584-005-0005 # 74, 584-005-0005 #21 and ORS 342.120 for Charter School instruction. All instructors must be licensed by the Teachers Standards and Practices Commission and highly qualified as defined by TSPC.
Stat. Auth.: ORS 319.840, 326.051
Stats. Implemented: ORS 319.840
Hist: ODE 14-2006, f. 10-23-06, cert. ef. 10-24-06
581-020-0515
Oregon Classroom Content
(1) Content should be aligned with Oregon's Common Curriculum Goals, Content Standards, and Essential Learning Skills. Adoption of content for instruction is governed by school Districts subject to Oregon Revised Statutes and Oregon Administrative Rules.
(2) OVSD will offer content aligned with state standards. The use of OVSD resources requires districts to conform to OAR division 22 Standards for public elementary and secondary schools.
Stat. Auth.: ORS 319.840, 326.051
Stats. Implemented: ORS 319.840
Hist: ODE 14-2006, f. 10-23-06, cert. ef. 10-24-06
581-020-0520
Required School District Guidelines for Digital Instruction
Public Providers of online learning using OVSD resources must adopt guidelines in the following areas.
(1) Student/Teacher Ratio. Online learning providers are required to have guidelines in place for reasonable student to instructor ratios that allow for regular, individualized interaction with instructors.
(2) Student Teacher Interaction. Online learning providers are required to have guidelines in place for reasonable student to instructor communication that allow for, individualized interaction with instructors as needed. Communication includes, but is not limited to, electronic mail, online discussion groups, telephone interaction and face to face discussions between teacher and student.
(3) Timeframe for Teacher Response to Student Questions. Online learning providers are required to have guidelines in place for the time and process that teachers will provide prompt response to student inquiries and requests for assistance.
(4) Student Standards. Online learning providers are required to have guidelines in place for student conduct and acceptable use of public school resources in the delivery of online instruction. The administrative implementation is governed by individual school district guidelines.
(5) Type of Courses. Courses offered are governed by individual school district guidelines, including, but not limited to, courses meeting requirements for high school diploma, electives as well as supplementary instruction. An example of supplementary instruction could be Advanced Placement preparation instruction.
(6) Amount of Credit Allowed. The amount of online instruction, and the corresponding credit, provided to a student is under the jurisdiction of the resident school district. Districts must accept transfer grades by accredited institutions.
(7) Student Eligibility for Courses. When applying towards credit the student's resident school district sets the eligibility requirements for district purchased online teaching services. Individual private purchase of courses by an Oregon resident is at the discretion of the parent or guardian and subject to resident school district guidelines for credit towards graduation. Use of Digital Courses and Content are subject to School District guidelines.
(8) Teacher Professional Development. Online Learning Providers are required to have policies for Teacher professional development. Teachers need to have appropriate training for the delivery of online instruction. Providers receiving public support must maintain Oregon teaching licensure for all teachers consistent with TSPC professional development requirements.
Stat. Auth.: ORS 319.840, 326.051
Stats. Implemented: ORS 319.840
Hist: ODE 14-2006, f. 10-23-06, cert. ef. 10-24-06
The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use