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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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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

Beginning Teacher Support Program

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 [Renumbered to 581-026-0050]

581-020-0311 [Renumbered to 581-026-0100]

581-020-0321 [Renumbered to 581-026-0120]

581-020-0331 [Renumbered to 581-026-0065]

581-020-0334 [Renumbered to 581-026-0200]

581-020-0336 [Renumbered to 581-026-0210]

581-020-0338 [Renumbered to 581-026-0300]

581-020-0342 [Renumbered to 581-026-0305]

581-020-0343 [Renumbered to 581-026-0310]

581-020-0359 [Renumbered to 581-026-0400]

581-020-0361 [Renumbered to 581-026-0405]

581-020-0380 [Renumbered to 581-026-0500]

581-020-0385 [Renumbered to 581-026-0505]

581-020-0390 [Renumbered to 581-026-0510]

581-020-0395 [Renumbered to 581-026-0515]

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

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