Standards for Registration of Private

STATE BOARD OF EDUCATION – ADMINISTRATIVE RULE SUMMARY

Title/OAR #:Standards for Registration of Private Elementary and Secondary Schools

581-045-0500 to 581-045-0580

Date:May 14-15, 2009

Staff/Office: Karyn Chambers, Phyllis Guile/Educational Improvement and Innovation

New Rule Amend Existing Rule Repeal Rule

Hearing Date: 3/25/09 Hearings Officer Report Attached

Action Requested:

First Reading/Second Reading Adoption Adoption/Consent Agenda

WHAT THE PROPOSED/AMENDED RULE DOES:

Updates Private Prek-12 School rules to accurately reflect references to other OARs that have previously been revised over the years. The last revisions to these rules were in 1991.
Sets out rules for the child abuse prevention training required by SB 375 passed in the 2007 legislative session.
Sets forth requirements for voluntary criminal records check of employees.
Clarifies or revises items already in rule such as teacher and administrator qualifications and transfer of records.
Current rules are unclear as to how often a school must demonstrate that safety and sanitation requirements are being met. Revisions would require fire and sanitation inspection reports not more than two years old. If the inspecting agency is unable or does not conduct such inspections, allows a letter from inspecting agency to be submitted. Clarifies reasons for denial or revocation of registration.

ISSUES RAISED:

A typographical error needs to be corrected in section 581-045-0500. The due date for initial registrations should be March 31, not March 30 as is printed in the draft rules.
Whether private prek-12 schools should be required to provide evidence of meeting fire safety and sanitation requirements at least every two years.
Draft rules were brought before the Private Prek-12 Advisory Committee at the committee’s meeting on January 30, 2008.

There were two individuals, one representing the Oregon Federation of Independent Schools, who shared comments regarding the rule changes. While not all of these comments were received during the open comment period, below are the general themes of the comments:

Updates to the rules are needed.
The proposed revisions are too regulatory.
Some of the proposed changes would produce increased administrative time-consuming burdens on private schools, especially in the areas of sections 581-045-0525 and 581-045-0530 relating to administrator and teacher qualifications.
Some questions were raised about the Child Abuse Reporting rules in section 581-045-0538. A question arose as to the language used relating to (c), the training that is to be made available to parents and a comment was made that the training requirements were stricter for private schools than public schools, particularly around parent training.
Regarding 581-045-0522 Criminal Records Check of Employees with direct unsupervised contact with students, a concern was raised that current legislation (SB 46), if passed, would allow Department of Education to require fingerprints of others employed by the school. SB 46 states, “The Department of Education may require the fingerprints….”
Regarding 581-045-0535 Program of Studies, a request was made to add a reference to 581-022-1131 Credit Options.

BACKGROUND:

Many OARs that are referenced in this section are out-of-date. The references had to be made current.
As the 300 – 400 private schools register each year, it has become apparent that two areas are most confusing to the schools: 1) the staff roster and identifying teacher and administrator qualifications and 2) the safety and sanitation inspections. Many of the revisions in these rules will help to clarify existing rules for school personnel, making the requirements clearer and easier to understand.
Currently, schools need only to provide inspections when they first register or if the registration lapses. As schools have lapsed in their registration, they are required to submit the inspections. Current language has allowed only the “most current” inspection to be submitted. Staff has found that in some cases, schools never had inspections completed or that the inspections were 3, 5 or more years old.
2007 legislation required that rules be written regarding child abuse prevention training.

Board History:

None known at this time.

Statutory Authority:

ORS 345.515 to 345.565

Fiscal Impact:

No fiscal impact.

STAFF RECOMMENDATION:

The Superintendent and ODE staff bring this to you for first reading and approval at the June 2009 State Board meeting.

Draft

Created by CH on 2/24/09

Standards for Registration of Private PreK, Kindergarten,
Elementary and Secondary Schools

[NOTE: Upon receipt of an application for registration, the agency shall evaluate the private school and shall register the school if it finds that the school is in compliance with the requirements of ORS 345.525 and 345.535 and the rules adopted pursuant thereto. The registration expires June 30 next following its issuance. If the Department refuses to register the school, it shall notify the applicant and give its reasons for the refusal.]

581-045-0500

Registration

Registration is renewable annually on or before October 14 15. Registration not renewed received by Department of Education by before October 1415, shall be considered lapsed and may only be renewed in the manner required for initial registration. Initial registrations received on or before March 30 shall be for the current school year. Initial registrations received after March 30 will be processed for the next school year. Elementary and secondary private schools shall be any combination of Grades Pre-Kindergarten through 12 for purposes of registration.

Stat. Auth.: ORS 326.215, ORS 339.030, ORS 343.055, ORS 345.535, ORS 433.245, ORS 453.205 & ORS 453.255
Stats. Implemented: ORS 345.515 & ORS 345.525
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91

581-045-0505

Statement of Philosophy

The school shall file with the Department of Education a written statement of its philosophy. The school goals shall reflect the Goals for Elementary and Secondary Education in OAR 581-022-0201(2), OAR 581-022-1020 with the exception of any goal which is contrary to or inconsistent with the school's statement of philosophy.

Stat. Auth.: ORS 326.215, ORS 339.030, ORS 343.055, ORS 345.535, ORS 433.245, ORS 453.205 & ORS 453.255
Stats. Implemented: ORS 345.525 & ORS 345.535
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91

581-045-0515

Reports

The school shall furnish promptly such reports and information as the Department of Education requires by rule or other law and shall maintain a file of copies of such reports, including the school registration, in its own office.

581-045-0522 (new OAR)

Criminal Records Check of Employees

A private school registered with the Department of Education, per ORS 326.603, may require all employees, whether part-time or full-time who have direct, unsupervised contact with students as determined by the school, to comply with the requirements of ORS 181.539 involving a state or nationwide criminal records check under ORS 181.534.

Stat. Auth.: ORS 326.603

Stats. Implemented: 326.603

581-045-0525

Administrator Qualifications

The administrator may (1) The school shall provide information showing that administrators of the school qualify in any one of the following three ways: demonstrate qualifications in any one of the following three ways:

(1)(a) Possess a current administrative certificate /or license from any state, which shall be valid for three years or until the administrator has completed certification for the State of Oregon.

(2)(b) Be currently enrolled in and actively working toward an educational program leading to an administrative certificate or license from any state..

(3)(c) Possess relevant verifiable experience, other than the above, according to clearly defined hiring criteria and minimum qualifications for the position which are consistent with the educational goals of the school and filed with the Department of Education. Annual registration renewal must include the criteria and minimum qualifications for the position for any staff member qualifying under this category.

(4) The names of Aadministrators and the manner in which they qualify, under subsection (1)(a), (b) or (c), (2), or (3) above of this rule, must be reported on the Staff Roster with each annual registration.

(5) For staff administrators qualifying under number (3) abovesubsection (1)(c) of this rule, the school must provide with the annual renewal a description of the minimum hiring criteria and qualifications for the position must be provided with annual renewal.

581-045-0530

Teacher Qualifications

(1) Private schools should shall not knowingly misrepresent to the public the certification, training, and qualifications of the teaching staff. The teacher may must qualify by meeting demonstrate qualifications in any one of the following three ways criteria:

(1)(a) Possess a current teaching certificate or license from any state., which shall be valid for three years until the teacher has completed certification for the State of Oregon.

(2)(b)Teach at least half time in the subject field in which the Possess a B.S. or B.A. degree and be teaching at least half time in the subject in which the degree was obtained awarded , which shall be valid for three years while the teacher is enrolled in and actively working toward an educational program leading to a teaching certificate in the state of Oregon.

(3)(c) Possess relevant verifiable experience, other than the experience described in paragraph (a) or (b) of this subsectionabove, that meets the school’s according to clearly defined hiring criteria and minimum qualifications for the position. Said hiring criteria and minimum qualifications which are shall be consistent with the educational goals of the school and filed with the Department of Education.

(4)(2) The names of teachers and the manner in which they qualify, under subsection (1), (2) or (3) above(a), (b) or (c) of this rule, must be reported on the Staff Roster with each annual registration.

(5) For staff qualifying under number (3) abovesubsection (1)(c) of this rule, the school must provide with the annual renewal a description of the minimum hiring criteria and qualifications for the position must be provided with annual renewal.

581-045-0535

Program of Studies

(1) The curriculum in Grades Kindergarten through Grade 12 shall be such that it considers the goals of modern education as defined in OAR 581-022-0201(2) 581-022-1020 and the requirements of a sound, comprehensive curriculum consistent with the philosophy of the school. Particular emphasis shall be given to establishing the highest practical standards which shall approximate those standards expected of Oregon's public schools as defined in Oregon Administrative Rule Division 022 except when the standard is contrary to or inconsistent with the school's statement of philosophy. Secondary schools shall establish academic standards necessary for admission to community colleges and institutions of higher education and issuance of a high school diploma. Appropriate guidelines are found in OAR 581-022-0316 1130. Courses shall be taught for a period of time equivalent to that required for students attending public schools as defined in OAR 581-022-0502 1620 and 581-022-0102(33) in the definition of “unit of credit”..

(2) Private schools should shall not knowingly misrepresent their accreditation status.

581-045-0538 (new OAR)

Child Abuse Reporting and Training

(1) The school must comply with the provisions of ORS 339.372 on developing policies on the reporting of child abuse.

(2) The school staff shall comply with the provisions of ORS 339.375 regarding the reporting of child abuse and the disclosure of records

(3) The school shall comply with ORS 339.377 regarding child abuse prevention training.

(a) The school shall make available to students, each school year, training which is designed to prevent child abuse.

(b) The school shall provide training for all school employees on the prevention and identification of child abuse and on the obligations of school employees to report child abuse under the provisions of ORS 419.005 to 419B.050 and policies adopted by the school board or governing body. This training shall be updated and presented to all employees on an annual basis.

©(c) The school shall make training detailed in section 3(b) of this rule available to parents and legal guardians of the school’s students. The training shall be provided separately from the training provided to school employees. This training shall be made available each school year.

(d) Sections (a), (b) and (c) above of this subsection, apply to private schools offering kindergarten through grade 12.

Stat. Auth.: ORS 339.372, 339.375 and 339.377

Stat. Implemented: ORS 339.372, 339.375 and 339.377

581-045-0545

Student Records

(1) The school shall maintain an adequate system of student records in compliance with OAR 581-022-0717(3). 1670.

(2) In the event of permanent school closure, the school shall arrange to transfer permanent student records to the local education service district office, county unit office, local school district, or the Department of Education. A school which closes permanently may use another depository for student records.,providing that The school must inform the Department is notified in writing of the location of the records and/or including the name and location of the depository.

581-045-0550

Transfer of Progress Records

The school shall transfer promptly to any other educational institution all progress records in conformance with the requirements for school districts listed in ORS 336.215(2) 339.260.. Student records necessary for use in the appropriate placement of the student may shall not be withheld from other institutions because of nonpayment of fees or tuition.

Stat. Auth.: ORS 326.215, ORS 339.030, ORS 343.055, ORS 345.535, ORS ORS 433.245, ORS 453.205 & ORS453.255
Stats. Implemented: ORS 345.525 & ORS 345.535
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91

581-045-0555

Media Centers

The school shall have instructional media centers to provide services for all students which shall approximate the goals of OAR 581-022-0710 1520 except for the requirements of certification of staff.

581-045-0565

Denial or Revocation of Registration

(1) The Department, may on its own initiative, deny, or revoke or suspend a school’s registration if evidence is documented indicating the:

(a) sSchool is not in compliance with ORS 345.525 or 345.535 or OAR 581-045-0500 to 581-045-0580any of the rules in this section; or if the

(b) Sschool knowingly makesmade false, deceptive, inaccurate, or misleading representations of fact in any oral, written, visual or electronic presentation in connection with the registration requirements provided in this Divisionrequired under ORS 345.505 to 345.575 or OAR 581-045-0500 to 581-045-0580; or

(c) School did not furnish information or a report as required under ORS 345.505 to 345.575 or OAR 581-045-0500 to 581-045-0580.

(2) In the event that registration or renewal of registration is denied, or registration is revoked or suspended, the school shall be notified with a statement of the reason(s) for the denial.or revocation or suspension and a hearing shall be provided under ORS 183.413 to 183.464.

Stat. Auth.: ORS 326.215, ORS 339.030, ORS 343.055, ORS 345.535, ORS 433.245, ORS 453.205 & ORS 453.255
Stats. Implemented: ORS 345.555
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91

581-045-0570

Site

(1) The school site shall be well-maintained and large enough to provide for school needs to approximate the provisions of OAR 581-022-0706 1430 relatiang to an asbestos management plan and 581-022-0720 1530(3), (4), and (5) relating to auxiliary services. A school receiving state or federal funds shall be accessible to disabled persons with a disability.

(2) The school site shall comply with all rules of the State Fire Marshall relating to fire safety and with Health Division and/or Child Care Division standards relating to safety and sanitation. Evidence of such compliance shall be provided upon initial registration, when registration lapses and upon request. Such evidence of compliance shall not be more than two years old.

Stat. Auth.: ORS 326.215, ORS 339.030, ORS 343.055, ORS 345.535, ORS 433.245, ORS 453.205 & ORS 453.255
Stats. Implemented: ORS 345.535
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91

581-045-0575 (repealed)

School Building

The location, condition, and operation of the school building shall be adequate to protect the health and safety of its students, including but not limited to fire protection and safety standards. Guidelines are found in OAR 581-022-0706 and 581-022-0720, and Section 203 of Title II of the Toxic Substances Control Act, 15 U.S.C. 2643, regarding asbestos. (covered in previous OAR)

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

BEFORE THE OREGON DEPARTMENT OF EDUCATION

RULE HEARING: 581-045-0500, 581-045-0505, 581-045-0515, 581-045-0522, 581-045-0525, 581-045-0530, 581-045-0535, 581-045-0538, 581-045-0545, 581-045-0550, 581-045-0555, 581-045-0565, 581-045-0570 and 581-045-0575, private prekindergarten through grade 12 schools

HEARING OFFICER’S REPORT

The Department held a public hearing on March 25, 2009, to receive public comment on the proposed new rules, rule amendments and repeal of rules. Notice of hearing was published in a timely manner in the Secretary of State’s bulletin and was sent to interested parties and persons who requested notice pursuant to ORS 183.335 (7). The hearing was held at the Department’s offices in Salem, Oregon before Cindy Hunt, Hearing Officer.

No one testified or submitted written testimony at the hearing. One person submitted written testimony during the rule comment period.

Respectfully submitted this 27th day of March, 2009

Cindy Hunt

Hearing Officer