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OREGON DEPARTMENT OF EDUCATION

 

DIVISION 24

STANDARDS FOR EDUCATION SERVICE DISTRICTS

581-024-0190

Legal Name, Common Name and Annexation

(1) The initial name of a regional education service district for the purposes of section 2(6), chapter 611, Oregon Laws 1995, shall be a unique name agreed upon by the existing board or boards of directors within the region. The agreement shall be evidenced by a resolution or resolutions signed by a majority of the members of each existing board of directors. The resolution or resolutions shall be submitted to the Department of Education not later than January 10, 1996. If the resolution or resolutions are not submitted to the Department by January 10, 1996, the initial name of the regional education service district shall be the acronym ESD, followed by the word “Region” and the corresponding region number specified in ORS 334.020 (1995 Replacement Part).

(2) For regions that contain more territory than a single education service district prior to the board’s order of annexation, the surviving district of the annexation for the purposes of section 2(2), chapter 611, Oregon Laws 1995, shall be the district agreed upon by all of the existing boards of directors within the region. The agreement shall be evidenced by a resolution or resolutions signed by a majority of the members of each existing board of directors. The resolution or resolutions shall be submitted to the Department of Education not later than January 10, 1996. If the resolution or resolutions are not submitted to the Department by January 10, 1996, the surviving district shall be the district whose taxing authority, except as to taxes permitted under section 11(3), Article XI of the Oregon Constitution, equals or most closely approximates but is not less than the sum of the tax base amounts for each of the education service districts in the region, as other­wise determined under section 11(2), Article XI of the Oregon Constitution.

Stat. Auth.: ORS 334.020
Stats. Implemented: ORS 334.020
Hist.: EB 29-1995, f. & cert. ef. 12-11-95; ODE 20-2002, f. & cert. ef. 8-2-02, Renumbered from 581-024-0200

581-024-0191

ESD Merger -- General Requirements

(1) Two or more ESDs may merge to form one ESD. To merge, each merging ESD must present to the State Board of Education a petition indicating the intent to merge. An ESD may obtain a petition in either of the following two methods:

(a) The boards from at least two-thirds of the component school districts in each ESD proposed for merger, representing at least a majority of the students included in the average daily membership of the ESD, must present resolutions to the ESD board supporting the merger. Average daily membership for this purpose must be determined using data from the previous school year; or

(b) The ESD boards proposed for merger mutually consent to the merger and by majority vote of each board approve the petition.

(2) When the State Board of Education receives from the ESDs that are proposed for merger, petitions for merger that have been approved under either of the methods established in Section 1 of this rule, the State Board must review the petitions. Within 15 days following the State Board meeting when the petitions are reviewed the State Board must determine the date for a public hearing and notify the boards of each ESD proposed for merger of the date of the hearing.

(3) The State Board must ensure that notice is provided under the provisions of ORS 330.400.

(4) The State Board must ensure that hearings are conducted in each ESD proposed for merger to discuss the proposals contained in the petitions, including the effect of the proposed merger. Any resident of the affected districts may provide testimony on the proposed merger.

(5) The Board will review the fiscal and programmatic impact of the proposed merger in determining feasibility as required in section (6) of this rule.

(6) Following the hearings, if the State Board determines that the proposed merger is feasible, the Board must order the proposed merger based on the proposals contained in the petitions.

(7) The new ESD will come into existence effective May 31 of the year following the order of the State Board issued under section (6) of this rule.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 334.710 - 334.770 (2001 OL Ch. 518)
Hist.: ODE 20-2002, f. & cert. ef. 8-2-02; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0192

Establishment of Zones for New ESD

(1) Following the issuance of an order by the State Board of Education to join two or more ESDs together, the chairperson from the board of the most populous merging ESD must call a meeting of newly formed joint board, which must include all members of the boards of all merging ESDs. The joint board shall divide the newly formed ESD into at least seven, but no more than eleven zones.

(2) The zones should be as nearly equal in population as practicable.

(3) The joint board must, if possible, establish the zones so that each county represented in the newly formed ESD, if the majority of the land area of the county lies within the boundaries of the newly formed ESD, has at least one member on the new board.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 334.710 - ORS 334.770 (Ch. 518 OL 2001)
Hist.: ODE 20-2002, f. & cert. ef. 8-2-02

581-024-0193

Election of Board of New ESD

Within 90 days following the establishment of the zones as required in OAR 581-024-0202, the joint board must call for a special election in the new ESD to elect directors representing each of the newly established zones.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 334.710 - ORS 334.770 (Ch. 518 OL 2001)
Hist.: ODE 20-2002, f. & cert. ef. 8-2-02

Definitions

581-024-0205

Definitions

The following definitions apply to OAR 581-024-0191 through 581-024-0310 unless otherwise indicated by context.

(1) “ADM”: means the “ADM” means the average daily membership as defined in ORS 327.006.

(2) "Annual Report": a comprehensive document Submitted to the Department as required by OAR 581-024-0208 and 581-024-0226.

(3) "Board": State Board of Education.

(4) "Component" or “component school district”: a school district whose administrative office is within the boundaries of the district.

(5) “Core services”: major categories of services that districts must provide that include services for children with special needs, technology support, school improvement, and administrative and support. Other services may be provided if approved in a Local Service Plan.

(6) “Core service goals:” The goals of a district in providing core services are to: improve student learning; enhance the quality of instruction; provide professional development to component school district employees; provide students equitable access to resources; and maximize operational and fiscal efficiencies for component school districts.

(7) "Department": Oregon Department of Education.

(8) "District": an education service district.

(9) "District Board": an education service district board.

(10) “ESD”: an education service district as defined in ORS 334.003.

(11) “Entrepreneurial Services”: services and facilities provided by an ESD to noncomponent school districts, other public entities, non profit or private entities pursuant to conditions cited in ORS 334.185. The ESD provides the services or facilities with a motivation to provide services or facilities that are expected to result in benefits to the ESD and its component school districts. The benefits may be monetary, increased provision of service delivery to component school districts, intellectual property, or some other benefit. The term “entrepreneurial” does not apply to services an ESD is providing to the State of Oregon, or services provided on a cost-recovery basis.

(12) “Local service Plan”: the plan developed and adopted by the district pursuant to ORS 334.175 and OAR 581-024-0285.

(13) "Noncomponent": a school district whose administrative office is outside the boundaries of the education service district.

(14) “Nonstandard district”: a district that has not met the provisions of division 024 of chapter 581 of Oregon Administrative Rules, Chapter 334 of Oregon Revised Statutes, or other applicable rules and statutes to which districts are required to comply.

(15) “Performance measures”: procedures designed and administered by a district to determine component school districts’ satisfaction with the quality of ESD services they receive. The performance measures are to be published by the District in the Local Service Plan.

(16) "Public Entity": a unit of local, state, or federal government.

(17) "Private entity": not a unit of local, state, or federal government and includes, but is not limited to, not-for-profit or business organizations.

(18) “School Improvement Fund”: means the fund established in ORS 327.294.

(19) “Sexual orientation”: means an individual’s actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual’s gender identity, appearance, expression or behavior differs from that traditionally associated with the individual’s sex at birth.

(20) "Standard District": a district having met the provisions of division 024 of chapter 581 of Oregon Administrative Rules, Chapter 334 of Oregon Revised Statutes, and other applicable rules and statutes to which ESDs are required to comply.

(21) "Superintendent": State Superintendent of Public Instruction.

Stat. Auth.: ORS 334
Stats. Implemented: ORS 334.125
Hist.: 1EB 265, f. & ef. 8-22-77; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 10-1994, f. & cert. ef. 8-16-94; ODE 13-2005(Temp), f. & cert. ef. 12-29-05 thru 6-1-06; Administrative correction 7-20-06; ODE 13-2008, f. & cert. ef. 5-23-08; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

Powers and Duties

581-024-0206

Powers and Duties

Pursuant to ORS 334.125, the district board is authorized to transact appropriate business and is required to perform certain duties.

(1) Every district shall comply with the statutes and rules governing the transaction of public business to include directives on budgeting and expenditures.

(2) Every district shall comply with Board adopted administrative rules and applicable statutes.

(3) The district board shall perform all duties required by law, including but not limited to those identified in ORS 334.125(3) as follows:

(a) Distribute school funds as it is empowered to apportion. Distribution shall be done in a timely and accurate manner;

(b) Conduct of audits requiring the district to assist component school districts to meet budgeting, accounting and audit requirements (OAR 581-024-0265), to serve as a public depository for just completed audits and maintain past audit reports for 20 years;

(c) Serve as district boundary board as identified in ORS 330.081-330.310 and OAR 581-024-0252;

(d) Prepare an annual operating budget in accordance with the local budget section of Chapter 294 of ORS, the local Budget Law, and the chart of accounts contained in the program Budget and Accounting Manual as adopted by the State Board of Education and levy taxes as required or permitted by law.

(e) Contract bonded indebtedness in the manner authorized by statute. Bonds are to be issued pursuant to ORS 328.205 to 328.295 and other laws applicable to the issuance of bonds; and

(f) Creating a county education bond district under ORS 328.304 from a county within the district

(g) Review periodically with component school districts, their operations, and submit to the component school districts plans that would achieve economies and efficiencies through consolidation of various operations of all or some of the component school districts. The district and its component school districts shall submit an annual report to the Board on the effectiveness of the consolidation of operations.

(4) Districts must comply with the requirements to develop, adopt and approve a Local Service Plan as set out in ORS 334.175, and OAR 581-024-0285. The district board must adopt the local service plan and the component district boards must approve the Local Service Plan by resolution by March 1 of each year.

Stat. Auth.: ORS 334.217
Stats. Implemented: ORS 334
Hist.: EB 16-1994, f. & cert. ef. 11-14-94; ODE 22-2002, f. & cert. ef. 10-15-02; ODE 13-2005(Temp), f. & cert. ef. 12-29-05 thru 6-1-06; Administrative correction 7-20-06; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0208

Mission, Roles and Goals

(1) Each district shall provide regionalized core services to component school districts as provided in ORS 334.175 (2). Services must be approved by the component school district boards and the district board, and be included in the district’s Local Service Plan. The goals of these services shall be to: improve student learning, enhance the quality of instruction, provide professional development to component school district employees, provide students equitable access to resources, and maximize operational and fiscal efficiencies for component school districts (334.175 (1)(a)–(f))

(2) In accordance with ORS 334.005 the mission and roles of the districts are as follows:

(a) The mission of education service districts is to assist school districts and the Department of Education in achieving Oregon's educational goals by providing equitable, high quality, cost-effective and locally responsive educational services at a regional level.

(b) An education service district plays a key role in:

(A) Ensuring an equitable and excellent education for all children in the state;

(B) Implementing the Oregon Education Act for the 21st Century;

(C) Fostering the attainment of high standards of performance by all students in Oregon's public schools; and

(D) Facilitating inter-organizational coordination and cooperation among educational, social service, health care and employment training agencies.

(c) An education service district's role is one of leadership and service. Education service districts shall maintain the distinction between their role as service organizations and the regulatory role of the Department of Education and other agencies.

(d) To ensure that a district is responsive to its component school districts a Local Service Plan must be developed and adopted by the district board, and approved by component school district boards through the resolution process as provided in ORS 334.175(5)(a)(b). The district should consider a variety of flexible service delivery models.

(e) An education service district shall submit an Annual Report to the Department by June 30 of each year on forms provided by the Department. The Annual Report shall be a comprehensive document which includes a Local Service Plan, a Review of Component Districts’ Operations and an ESD Self-Appraisal.

(f) An education service district shall remain accountable to:

(A) The public at large;

(B) The component school districts; and

(C) The State Board of Education.

Stat. Auth.: ORS 334.005 & 334.217
Stats. Implemented: ORS 334.125
Hist.: EB 10-1994, f. & cert. ef. 8-16-94; ODE 22-2002, f. & cert. ef. 10-15-02; ODE 13-2005(Temp), f. & cert. ef. 12-29-05 thru 6-1-06; Administrative correction 7-20-06; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

Standardization

581-024-0210

Administration of the Standardization Requirements

(1) The State Board of Education by adopting Oregon Administrative Rules establishes standards to determine the adequacy of services and facilities provided by an education service district. In establishing these standards the Board shall consider the most economic method of providing services and facilities, the quality of the services and facilities according to the best educational standards, and the needs of the students.

(2) The standards include rules in division 024 of chapter 581 of Oregon Administrative Rules, Chapter 334 of Oregon Revised Statutes, and other applicable rules and statutes to which ESDs are required to comply. The board requires substantial compliance with all applicable state and federal statutes and rules.

(3) The evaluation for compliance shall be conducted through a review of the Local Service Plan/Annual Report. In addition, on-site evaluations of districts may be conducted periodically as determined by the needs or interests of the Department. Evaluation teams named by the Department shall use the Local Service Plan/Annual Report, district records, and results from on-site evaluations in determining the degree to which the standards are met.

(4) The Department shall use rules in division 024 of chapter 581 of Oregon Administrative Rules, other applicable rules and statutes, and the district’s Local Service Plan/Annual Report to identify specific areas of an ESD’s operation to be evaluated and reported on during an on-site visit. The district will be notified of the areas to be evaluated and the dates of the visit at least 90 days prior to an on-site visit. The district shall prepare exhibits that document its activities related to the areas to be evaluated

(5) The on-site visit will be conducted by a team lead by a Department staff person with additional members from the Department, other districts and component school districts. The size of the team shall be determined by the Department in accordance with the areas to be reviewed and the complexity of the ESD’s programs, services and operations.

(6) The team leader shall, within 30 days of the visit, present to the district a draft report of the team’s findings. The district’s response must be received by the Department not later than 30 days after the district’s receipt of the draft report.

Stat. Auth.: ORS 334.217
Stats. Implemented: ORS 334.125
Hist.: 1EB 237, f. & ef. 7-9-76; 1EB 265, f. & ef. 8-22-77; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 16-1994, f. & cert. ef. 11-14-94; ODE 13-2005(Temp), f. & cert. ef. 12-29-05 thru 6-1-06; Administrative correction 7-20-06; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0215

Assignment of Standardization Classification

(1) The district's designation as standard, conditionally standard or nonstandard is determined by the State Superintendent of Public Instruction and is based on the district's compliance with the rules set out in division 024 of chapter 581 of the Oregon Administrative Rules and other applicable rules and statutes.

(2) The Superintendent will review a district's compliance with standards as part of a comprehensive, regular review of the district, or may review a district in response to a public complaint alleging noncompliance with one or more of the standards, or upon the Superintendent's own initiative at any time as may be necessary to ensure compliance with the standards.

(3) During a review, the district shall cooperate with the Superintendent and provide any and all evidence the Superintendent considers necessary for the review. If as a result of a review of the district by the Superintendent it is determined that the district does not comply with one or more of the standards, the Superintendent will notify the district of the initial determination of noncompliance and give the district 15 days to respond.

(4) If after reviewing the district's response, the Superintendent determines that the district is in compliance with all standards, the Superintendent will within 15 days from the receipt of the district's response designate the district as standard.

(5) If after reviewing the district's response, the Superintendent determines that the district is not in compliance with one or more standards, the Superintendent will within 15 days from the receipt of the district's response designate the district as nonstandard and require from the district a plan to correct all deficiencies. The district will have 30 days to provide the Superintendent with the plan. The Superintendent may accept, reject or modify the plan within 30 days from the receipt of the district's plan and will order the district to comply with the plan as approved. The district will have 180 days from the approval of the plan to correct all identified deficiencies.

(6) If a plan is not submitted to the Superintendent within 30 days, the Superintendent will designate the district nonstandard.

(7) When a plan to correct deficiencies is approved by the Superintendent, the district is designated conditionally standard.

(8) When the district corrects all identified deficiencies, the district is designated standard.

(9) If after 180 days from the approval of the plan, the district has not corrected all identified deficiencies, the Superintendent will designate the district nonstandard.

(10) The Superintendent may impose sanctions on a nonstandard district, including requiring merger with a contiguous, standard district, withholding state school fund allocations and the sanctions described in ORS 342.173. The determination of sanction is left to the discretion of the Superintendent.

Stat. Auth.: ORS 334.217
Stats. Implemented: ORS 334.125
Hist.: 1EB 237, f. & ef. 7-9-76; 1EB 265, f. & ef. 8-22-77; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 16-1994, f. & cert. ef. 11-14-94; ODE 1-2005(Temp), f. & cert. ef. 2-14-05 thru 8-1-05; Administrative correction 8-17-05; ODE 11-2006, f. & cert. ef. 2-21-06; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

Planning, Assessment and Evaluation

581-024-0226

Assessment and Evaluation of Services

(1) Each district board shall file by June 30 of each year with the Superintendent of Public Instruction an annual report to include an adopted Local Service Plan, a Review of Component Districts’ Operations report, and an ESD Self-Appraisal report. This annual report, entitled “Local Service Plan/Annual Report” will be used by the Department to assess ESDs’ compliance with state standards.

(2) To adequately complete the annual report the district shall have on file information regarding the procedures used in assessing the performance of services provided by the district including:

(a) A listing of services provided by the district with appropriate documentation regarding the results of component school districts’ performance assessments.

(b) The budget for funds to be expended from the State School Fund as described in ORS 334.177 for each core service category shall be reported in the annual report, and maintained on file at the district.

Stat. Auth.: ORS 334.217
Stats. Implemented: ORS 334.217
Hist.: 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 16-1994, f. & cert. ef. 11-14-94; Suspended by ODE 7-2006(Temp), f. & cert. ef. 2-14-06 thru 8-1-06; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0228

Review School District Operations

(1) Pursuant to ORS 334.125(9) each district board shall adopt a policy and procedure describing how the district shall work cooperatively with component school districts to periodically review their operations.

(2) The results of the review and report shall be summarized and reported to the Board as part of the district's annual report which is to be submitted by June 30 of each year.

(3) Unless specifically waived by the Board, the operations to be reviewed shall be accomplished as follows:

(a) 2008–2009, Accounting, payroll and printing; pupil transportation; legal services, investments and auditing; insurance and student records management. The order of review may be determined by the ESD and the component school districts.

(b) Other operations identified by the state board prior to September 1 of each school year.

(4) Other similar operations are subject to review as agreed upon by the district and its component school districts. Nothing in the requirements of this rule prevents a district and its component school districts from reviewing any operations at any time. However a district shall review at least one operation per year.

Stat. Auth.: ORS 334.125(9)
Stats. Implemented: ORS 334.125
Hist.: EB 16-1994, f. & cert. ef. 11-14-94; ODE 8-1999, f. & cert. ef. 1-15-99; Suspended by ODE 7-2006(Temp), f. & cert. ef. 2-14-06 thru 8-1-06; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

Instructional Services

581-024-0231

Curriculum Improvement

(1) Districts providing instructional and instructional support services shall do so, subject to available funds, and with the approval of component school district boards and the District board as provided in ORS 334.175.

(2) A district’s Local Service Plan shall include services that are funded by the State School Fund; and by service contracts or agreements with component and noncomponent school districts, state and federal agencies, and other public and private agencies.

Stat. Auth.: ORS 334.125, 334.175 & 334.185
Stats. Implemented: ORS 334.125, 334.175 & 334.185
Hist.: 1EB 33-1978, f. & ef. 10-5-78; 1EB 15-1979, f. 10-4-79, ef. 10-5-79; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 10-1994, f. & cert. ef. 8-16-94; ODE 22-2002, f. & cert. ef. 10-15-02; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0235

Special Education Services

When providing special education services for component school districts, each district will work cooperatively with its component school districts to:

(1) Demonstrate that it has met state and federal requirements when providing special education and related services to children with disabilities; and

(2) Assist component school districts, to the extent that the district provides these services, to gather, analyze and report individualized testing data, and other information as required by the state or federal governments.

Stat. Auth.: ORS 334.125 & 334.175
Stats. Implemented: ORS 334.125 & 334.175
Hist.: 1EB 265, f. & ef. 8-22-77; 1EB 15-1979, f. 10-4-79, ef. 10-5-79; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 10-1994, f. & cert. ef. 8-16-94; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

Support Services

581-024-0240

Administration

(1) Each district board shall adopt rules, policies and procedures pursuant to ORS 334.125, and shall make such information available upon request.

(2) Each district shall complete and forward promptly all reports required by state and federal governments.

(3) Each district shall cause all employees responsible for funds, fees or cash collections to be covered under a district board-approved bond.

Stat. Auth.: ORS 334.005, 334.125 & 334.240
Stats. Implemented: ORS 334.125
Hist.: 1EB 237, f. & ef. 7-9-76; 1EB 265, f. & ef. 8-22-77; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 10-1994, f. & cert. ef. 8-16-94; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0245

Staff

(1) Each district shall employ staff as needed to provide the services as approved in the district’s Local Service Plan, provided for in its annual budget and required in ORS 342.513 to 342.985, 653.310 to 653.340 and 659.850.

(2) Each district shall assign:

(a) Licensed personnel in accordance with OAR division 584; and

(b) All personnel in accordance with their position descriptions.

(3) Each district shall maintain personnel policies to include:

(a) Assurances that equal employment opportunities for all persons are provided regardless of age, disability, national origin, race, color, marital status, religion, sex or sexual orientation; and

(b) An organization chart or written statement that describes the formal relationship between the district board and the various levels, titles and general assignments of employees.

(4) Personnel policies shall be provided to all employees and made available to the public.

Stat. Auth.: ORS 334.217
Stats. Implemented: ORS 334.125
Hist.: 1EB 237, f. & ef. 7-9-76; 1EB 265, f. & ef. 8-22-77; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 15-1994, f. & cert. ef. 10-3-94; ODE 13-2008, f. & cert. ef. 5-23-08; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0250

District Boundary Board

In fulfilling its statutory responsibility to serve as district boundary board, the education service district board shall:

(1) Maintain official minutes recording its actions as district boundary board;

(2) Insure that meetings and minutes of the district boundary board are separate from its actions as district board;

(3) Maintain current records describing the boundaries of the component school districts and their identification numbers consistent with official records of their respective county assessors;

(4) Adopt policies under ORS 330.090(5); and

(5) Adopt procedures for conducting hearings and reporting findings and conclusions in accordance with the requirements of OAR 581-025-0005 through 581-025-0015.

Stat. Auth.: ORS 334
Stats. Implemented: ORS 330.090
Hist.: 1EB 237, f. & ef. 7-9-76; 1EB 265, f. & ef. 8-22-77; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 6-1989, f. & cert. ef. 1-26-89; EB 15-1994, f. & cert. ef. 10-3-94; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0252

Boundary Changes

(1) The Board shall serve as the boundary board for districts. While serving as the boundary board the Board shall determine if a proposed boundary change is feasible and if the matter shall be submitted to the electors of each district. The Board, upon request, shall make available preprinted forms for petition and cause its staff to review and, if appropriate, modify statements of proposed boundary changes as they are to appear on the yet-to-be signed petitions.

(2) The board shall consider a proposed boundary change upon receipt of:

(a) A joint petition from the two proposing districts; or

(b) A petition from each proposing district containing the signatures of at least 500 electors or a number of electors of the district at least equal to five percent of the electors in the district, whichever is less.

(3) Consideration by the Board shall not be later than its second regular meeting following receipt of the qualified petition. At that meeting the Board shall review the petition and if appropriate:

(a) Fix the time and place for a public hearing in each of the proposing districts to discuss the proposal;

(b) Cause notices of the hearings to be published in accordance with ORS 330.400;

(c) Name a Hearings Officer, Board member or Department staff person to conduct the public hearings and to present a written report on the hearings to the Superintendent. The report shall be submitted to the Superintendent within 15 days of the last hearing;

(d) Notify the district boards of each district designated by the petition of this rule. This notification shall be issued to be received by each district within 15 days of the Board's action.

(4) At the public hearing in each proposing district the presiding officer shall cause to have discussed the effect on the proposed district. The hearing shall be conducted in accordance with procedures identified in ORS Chapter 183.

(5) Following the public hearings and receipt of the hearings report the Superintendent shall prepare for the Board's consideration at its next regular meeting an analysis and recommendation on the proposal. The recommendation shall consider whether the proposed district or districts would have the characteristics identified in ORS 334.690(1)–(5) and is feasible (334.720(2)).

(6) The Board shall consider the boundary change proposal including the Superintendent's analysis and recommendation and the hearings officer's report. The Board shall consider whether the proposed district or districts would have the characteristics identified in ORS 334.690. To favorably consider the proposal the Board shall determine that the proposed district or districts is in the best interest of the state and the students and school districts to be served. The Board may:

(a) Find the petition feasible and approve submitting the question of the proposed district or districts to the electors of each district at the next regular district election;

(b) Find the petition to be unfeasible, denying the request to place the matter before the electors; or

(c) Postpone action until the next meeting. Action by the Board shall be accomplished not later than its second meeting following receipt of the report on the hearings.

(7) Expenses incurred for the election shall be paid by each district as specified in ORS 255.305.

(8) A petition for a boundary change that would transfer territory from a school district which is a member of one education service district to another school district which is a member of another education service district, thus altering the boundaries of two ESDs must originate with and be adjudicated by the affected ESD boundary boards pursuant to ORS 330.095. The ESD boundary board of the most populous school district must act first and the ESD Boundary Boards must adhere to timelines established in 330.107 unless the state board grants an extension of time. Appeals of ESD boundary boards’ procedures may be made to the State Board of Education under 330.090 and OAR 581-025-0020.

Stat. Auth.: ORS 255.305, 334.690, 334.710 & 334.720
Stats. Implemented: ORS 255.305, 335.690, 334.710 & 334.720
Hist.: EB 10-1994, f. & cert. ef. 8-16-94; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0255

Attendance Supervision

Each district shall provide attendance supervisors for component school districts of less than 1,000 ADM or, upon written request, shall grant a component school district permission to supervise their own attendance matters.

Stat. Auth.: ORS 339.040
Stats. Implemented: ORS 339.040
Hist.: 1EB 237, f. & ef. 7-9-76; 1EB 265, f. & ef. 8-22-77; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 10-1994, f. & cert. ef. 8-16-94; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0257

Children Instructed by Parent or Private Teacher

Each district shall perform those duties as identified in OAR 581-021-0026 through 581-021-0029.

Stat. Auth.: ORS 339.005 - 339.090
Stats. Implemented: ORS 339.035
Hist.: EB 10-1994, f. & cert. ef. 8-16-94; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0260

Budgets

Each district board shall:

(1) Provide evidence that the district budget has been properly developed, adopted and implemented;

(2) Assist component school districts, when requested, to develop annual budgets; and

(3) Maintain a file of district and component school districts’ budgets as officially adopted.

Stat. Auth.: ORS 334.125 & 334.240
Stats. Implemented: ORS 334.125 & 334.240
Hist.: 1EB 237, f. & ef. 7-9-76; 1EB 265, f. & ef. 8-22-77; 1EB 15-1979, f. 10-4-79, ef. 10-5-79; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 10-1994, f. & cert. ef. 8-16-94; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0262

Budget Committee

(1) The budget committee of a district shall consist of the voting members of the district board and a number of electors equal to the number of voting members of the district board plus one, who are members, or designees of component district boards.

(2) The district board shall adopt policies assuring equitable representation of the component school districts and which identify the nomination and appointment process. Terms of appointment shall be for three years.

(3) Sections (1) and (2) of this rule are not applicable when the district has a population exceeding 100,000 and is located in a county which has a tax supervising and conservation commission which shall serve as the budget committee. (See ORS 294.341.)

Stat. Auth.: ORS 334.240
Stats. Implemented: ORS 334.240
Hist.: EB 10-1994, f. & cert. ef. 8-16-94; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0265

Audits

(1) Each district shall insure that an annual audit of component school districts and its own accounts is conducted and shall:

(a) File in the district office a copy of the district’s annual audits;

(b) Assist component school districts to meet budgeting, accounting and audit requirements of state agencies; and

(c) Maintain a file of the component school districts’ audits.

(2) By January 1 of each year the district shall file with the Department the district audit for the previous year.

Stat. Auth.: ORS 294, 334.125(3)(b) & 334.217
Stats. Implemented: ORS 334.125 & 334.217
Hist.: 1EB 237, f. & ef. 7-9-76; 1EB 265, f. & ef. 8-22-77; 1EB 15-1979, f. 10-4-79, ef. 10-5-79; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 16-1994, f. & cert. ef. 11-14-94; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0270

State Board Assistance

(1) Each district shall assist the Board and Department pursuant to the provisions of ORS 334.005(5)(c), and 334.217(1) in providing state-level services and support of statutes and standards.

(2) When requested by the Department, each district shall verify how it has assisted component school districts to comply with applicable statutes and rules.

(3) Each district shall gather and forward information the Department requires or requests.

(4) Each district shall, within its capabilities, and when requested, provide personnel to assist in Department conduct standardization visits and school improvement services.

Stat. Auth.: ORS 334.005 & 334.217
Stats. Implemented: ORS 334.005 & 334.217
Hist.: 1EB 237, f. & ef. 7-9-76; 1EB 265, f. & ef. 8-22-77; 1EB 15-1979, f. 10-4-79, ef. 10-5-79; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 10-1994, f. & cert. ef. 8-16-94; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0275

Facilities and Safety and Emergency Planning

(1) Each district shall operate and maintain an administration office and other physical facilities as necessary to accommodate district services. These facilities must be in compliance with applicable federal and state health and safety regulations.

(2) Each district shall maintain inspection reports showing the district in compliance with all applicable federal and state health and safety regulations.

(3) In facilities operated by the district, each district shall provide for regularly scheduled and documented safety inspections to assure that the facilities and services are operated and maintained in a manner that protects the safety and health of staff and students.

(4) In facilities operated by the district that are occupied by students, the district must ensure that all students are instructed and have drills on emergency procedures in compliance with ORS 336.071. The emergency procedures shall include drills and instruction on fires and earthquakes. In addition, facilities that are in a coastal zone shall include tsunami drills and instruction.

(5) In facilities operated by the district, each district must have a written plan for responding to emergency situations. Emergency situations include but are not limited to: injury accidents, fire, chemical spill, hazardous materials, exposure to contagious disease, fire arms on the premises, and other illegal acts that threaten the health and safety of staff and students.

(a) Emergency plans should be coordinated with appropriate police and fire services, ambulance services and area hospitals.

(b) There should be an adequate internal communication system in district operated facilities to transmit emergency information to staff and students in a rapid and clear manner.

(c) The emergency plan should be posted in conspicuous places throughout district operated facilities.

(d) There should be periodic training for staff and students regarding the emergency plan. Appropriate first-aid supplies and at least one staff member with a current first-aid/CPR card shall be available at all district operated facilities.

Stat. Auth.: ORS 334.125 & 334.217
Stats. Implemented: ORS 334.125 & 334.217
Hist.: 1EB 237, f. & ef. 7-9-76; 1EB 265, f. & ef. 8-22-77; 1EB 4-1985, f. 1-4-85, ef. 7-1-85; EB 10-1994, f. & cert. ef. 8-16-94; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0280

Auxiliary Services

Each district choosing to engage in auxiliary services with components or other agencies shall do so consistent with district goals and shall document planning and assessment procedures for each such service.

Stat. Auth.: ORS 334.005, 334.125, 334.145(3), 334.175, 334.185 & 334.195
Stats. Implemented: ORS 334.005, 334.125, 334.145, 334.175, 334.185 & 334.195
Hist.: 1EB 237, f. & ef. 7-9-76; 1EB 265, f. & ef. 8-22-77; EB 10-1994, f. & cert. ef. 8-16-94

581-024-0285

Local Service Plans

(1) The district board must develop and adopt a local service plan pursuant to ORS 334.175 and this rule.

(2) Following adoption by the district board, the local service plan must be approved by the boards of the component school districts by resolution on or before March 1 pursuant to ORS 334.175(5)(b). The local service plan must include all services and facilities provided by an ESD, including the core services as defined in 334.175(2) and section (7) of this rule, those services required by state and federal law and services provided under contract to component school districts, non-component school districts and other public and private entities and must be approved annually by the ESD board and the component school districts. A local service plan shall also contain annual performance measures. A local service plan must be approved by the affirmative vote of at least two thirds of the boards of the ESD's component school districts, representing at least 50 percent of the total number of students enrolled in component school districts of the ESD.

(3) Pursuant to ORS 334.177 an education service district board shall expend at least 90 percent of all amounts received from the State School Fund and at least 90 percent of all amounts considered to be local revenues of an education service district on services or programs that have been adopted by the district board in the local service plan and approved by the component school districts of the education service district through the resolution process described in 334.175. For purposes of this section, amounts considered to be local revenues of an education service district are those local revenues defined in 327.019(1)(b) less the amounts required to be distributed to component school districts under 327.019(8).

(4) Pursuant to ORS 334.177, an education service district board shall expend 100 percent of all amounts received from the School Improvement Fund on services or programs that have been adopted by the district board in the local service plan and approved by the boards of the component school districts of the education service district through the resolution process described in 334.175.

(5) Appropriate allocated costs of personnel, supplies, materials, equipment, and facilities associated with providing resolution services may be allocated to the local service plan and included in the 90% calculation.

(6) An approved local service plan may be amended at any time by the affirmative vote of at least two thirds of the boards of the ESD's component school districts, representing at least 50 percent of the total number of students enrolled in component school districts of the ESD.

(7) ESDs shall offer the following core services to component school districts, including:

(a) Programs for children with special needs, including but not limited to special education services, services for at-risk students and professional development for employees who provide those services;

(b) Technology support for component school districts and the individual technology plans of those districts, including but not limited to technology infrastructure services, data services, instructional technology services, distance learning and professional development for employees who provide those services;

(c) School improvement services for component school districts, including but not limited to services designed to support component school districts in meeting the requirements of state and federal law, services designed to allow the education service district to participate in and facilitate a review of the state and federal standards related to the provision of a quality education by component school districts, services designed to support and facilitate continuous school improvement planning, services designed to address schoolwide behavior and climate issues and professional technical education and professional development for employees who provide those services;

(d) Administrative and support services for component school districts, including but not limited to services designed to consolidate component school district business functions, liaison services between the Department of Education and component school districts and registration of children being taught by private teachers, parents or legal guardians pursuant to ORS 339.035; and

(e) Other services that an education service district is required to provide by state or federal law, including but not limited to services required under ORS 339.005 to 339.090.

(8) An ESD may provide entrepreneurial services and facilities to non-component school districts and other public and private entities pursuant to ORS 334.185. An ESD may provide entrepreneurial services and facilities if:

(a) The entrepreneurial services or facilities are included and identified in an approved local service plan;

(b) The entrepreneurial services or facilities are provided pursuant to a business plan, which must include a description of each service and facility, a statement of the projected expense incurred and revenue generated by the service or facility, a statement of the expected benefit to component school districts, an annual financial report provided to component school districts and a statement of the source of funding for the service or facility; and

(c) The primary purpose of the entrepreneurial services or facilities is to address a need of component school districts.

(9) Prior to June 30 of each year, an ESD shall submit to the Department of Education the local service plan of the ESD adopted pursuant to ORS 334.175 and this rule. The local service plan shall be part of the Annual Report submitted by the ESD to the Department.

Stat. Auth.: ORS 326.051, 334.005 & 334.175
Stats. Implemented: ORS 334.005 & 334.175
Hist.: EB 16-1994, f. & cert. ef. 11-14-94; ODE 22-2002, f. & cert. ef. 10-15-02; ODE 13-2005(Temp), f. & cert. ef. 12-29-05 thru 6-1-06; Administrative correction 7-20-06; ODE 33-2007, f. & cert. ef. 12-12-07; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0290

Advisors to the Board

Each district board may appoint nonvoting advisory members to the board as the board deems important.

Stat. Auth.: ORS 334.025(3)
Stats. Implemented: ORS 334.025
Hist.: EB 10-1994, f. & cert. ef. 8-16-94; ODE 22-2002, f. & cert. ef. 10-15-02; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0300

Advisory Committees

(1) Except as required in section (2) of this rule, the district board may appoint local advisory committees to represent the interests of areas within the district and to advise the district board on matters of interest within the area.

(2) If two or more component school district boards adopt resolutions petitioning the district board to establish a local advisory committee, the district board shall establish such a committee.

(3) A local advisory committee shall represent more than one component school district board.

(4) The district board shall adopt policies concerning the composition, number of members, term of office, procedures for appointment, and duties and responsibilities of each advisory committee.

(5) Nothing in this rule prevents district boards from appointing ad hoc advisory committees whenever the board deems it appropriate.

Stat. Auth.: ORS 334.025(4)
Stats. Implemented: ORS 334.025
Hist.: EB 10-1994, f. & cert. ef. 8-16-94; ODE 28-2008, f. 10-23-08, cert. ef. 10-24-08

581-024-0310

Gifts and Bequests

Each district board shall, subject to ORS 334.215 and 294.326, adopt a policy concerning acceptance of bequests of money and gifts and for their deposit and expenditure. By policy or duly adopted motion the district board may refuse to accept donations that it deems not to be in the district's best interest.

Stat. Auth.: ORS 334.215
Stats. Implemented: ORS 334.215
Hist.: EB 10-1994, f. & cert. ef. 8-16-94

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