Final Rule
Updated by CH on 10/5/11
Implementing SB 800 – mandate relief
581-020-0336
Annual Financial Reporting
(1) A public charter school shall have an annual audit of the accounts of the public charter school prepared in accordance with the Municipal Audit Law, ORS 297.405 to 297.555 and 297.990.
(2) After an audit, the public charter school shall forward a copy of the annual audit to the Department of Education.
(3) After an audit, the public charter school shall forward the following to the sponsor:
(a) A copy of the annual audit;
(b) Any statements from the public charter school that show the results of all operations and transactions affecting the financial status of the public charter school during the preceding annual audit period for the school; and
(c) A balance sheet containing a summary of the assets and liabilities of the public charter school as of the closing date of the preceding annual audit period for the school.
Stat. Auth.: ORS 338.025
Stat. Implemented: ORS 338.095
Hist.: ODE 11-2010, f. & cert. ef. 6-30-10
581-021-0255
Transfer of Student Education Records
(1) Within ten days of a student seeking enrollment in or services from a public or private school including an ESD, or when a student is placed in a state institution other than an institution of postsecondary education, or a private agency or youth care center (hereinafter referred to as the new educational agency), the new educational agency must notify the public or private school, education service district, institution, agency, or youth care center in which the student was formerly enrolled (hereinafter referred to as the former educational agency), and request the student's education records.
(2) The former educational agency must transfer all requested student education records to the new educational agency no later than 10 days after receiving the request.
(3) The education records transferred to the new educational agency must include any education records relating to the particular student retained by an education service district.
(4) The educational agency must retain originals of student education records for the time periods and under the conditions described in the record retention rule, OAR 166-400-0060, except that originals shall be transferred to a new education agency upon request.
(5) When original records have been transferred to a new educational agency as required in subsection (2) of this rule, readable photocopies of the following documents must be retained by the former educational agency or institution for the time periods and under the conditions as prescribed in the record retention rule, OAR 166-400-0060:
(a) The student's permanent record as defined in subsection (11) of OAR 581-021-0220; and
(b) Such special education records as are necessary to document compliance with state and federal audits.
(6) Notwithstanding subsections (1) and (2) of this section, for students who are in substitute care programs:
(a) A school, institution, agency, facility or center shall notify the school, institution, agency, facility or center in which the student was formerly enrolled and shall request the student's education records within five days of the student seeking initial enrollment; and
(b) Any school, institution, agency, facility or center receiving a request for a student's education records shall transfer all student education records relating to the particular student to the requesting school, institution, agency, facility or center no later than five days after the receipt of the request.
Stat. Auth.: ORS 326.565, 34 CFR ¦ 99.6
Stats. Implemented: ORS 326.565
Hist.: ODE 8-2007, f. & cert. ef. 3-1-07
581-022-1060
School and District Performance Report Criteria
(1) The Superintendent of Public Instruction will annually collect data from schools and school districts on student performance, student behavior and school characteristics and will annually produce a performance report for each school and school district.
(2) The Superintendent will notify the public and the media by December 15 of each year that school and district performance reports are available at each school and school district and at the Department of Education website and office. The Superintendent will include in the notice that Consolidated District Improvement Plans and School Improvement Plans as required in ORS 329.095 are available from the school and school district offices.
(3) Each school and school district report shall contain the information required by this rule. By January 15 of each year, school districts shall make a copy of the state provided school and school district performance report available to the parent(s) or guardian(s) of each child enrolled in a public school in the school district by doing one or more of the following:
(a) Mailing a copy;
(b) Electronically sending a copy; or
(c) Providing a link to a state or district web site containing the reports and alsomaking copies available in local schools, libraries, parents centers, community centers, or other public locations easily accessible to parents and others.
(4) School performance reports will include ratings assigned by the Superintendent, based on valid scoring scales.
(5) School ratings shall be reported as:
(a) Outstanding;
(b) Satisfactory; or
(c) In Need of Improvement;
(6) Criteria for a school rating will include
(a) Student performance as measured by statewide assessments;
(b) Improvement in student performance;
(c) Percentage of students participating in statewide assessment; and
(d) Student attendance rate and
(e) Student graduation rate.
(7) A school that receives a rating of “Met” on its annual Adequate Yearly Progress report shall receive a rating of no lower than “Satisfactory” for that same school year.
(8) School performance reports may include information other than that listed in ORS 329.105 or sections (4), (5) and (7) of this rule. Such information will not be part of the calculation of the school rating.
(9) School district performance reports will be developed and must include the overall rating of each school in the district. The district performance report may include information other than that listed in ORS 329.105 or section (4) or this rule.
(10) School and school districts may include information in addition to that listed in ORS 329.105 or sections (4) and (5) of this rule in their locally prepared and distributed school and school district performance reports.
(11) School and school district performance reports, in conjunction with electronic supplements of the performance reports, will serve as the means by which the state meets the report card requirements of section 1111 of the No Child Left Behind Act of 2001.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 329.105
Hist.: ODE 36-1999, f. 12-13-99, cert. ef. 12-14-99; ODE 5-2007, f. & cert. ef. 2-21-07; ODE 25-2008, f. & cert. ef. 9-26-08; ODE 4-2009, f. & cert. ef. 6-29-09
581-023-0112
School Improvement Fund
(1) For purposes of this rule, "School Improvement Fund" means the fund established by
ORS 327.294.
(2) Each fiscal year the Department of Education shall award grants from the School Improvement Fund to school districts, education service districts, the Youth Corrections Education Program and the Juvenile Detention Education Program for activities that relate to increases in student achievement, including:
(a) Early childhood support including establishing, maintaining or expanding quality Pre-kindergarten programs and full-day kindergarten programs;
(b) Class size reduction with an emphasis on the reduction of kindergarten through grade three class sizes;
(c) Increases in instructional time including summer programs and before and after school programs;
(d) Mentoring, teacher retention and professional development;
(e) Remediation, alternative learning and student retention;
(f) Services to at-risk youth;
(g) Programs to improve a student achievement gap between student groups identified by culture, poverty, language and race and other student groups;
(h) Vocational education programs;
(i) Literacy programs;
(j) School library programs; and
(k) Other research-based student improvement strategies approved by the State Board of Education.
(3) Grant applications for each school district, education service district and for the Youth Corrections Education and Juvenile Detention Education Programs shall identify the goals of the district or program for increases in student performance for the year and shall outline how the district or program plans to use the resources provided from the Fund to reach the performance goals. The Department shall evaluate the grant applications based on the following criteria:
(a) The goals set by the school districts, education service districts and programs for increases in student performance;
(b) The evidenced-based activities identified to meet the stated goals;
(c) Consistency with the district's Continuous Improvement Plan;
(d) The quantifiable performance measures for demonstrating progress on one or more Key Performance Measures adopted by the 2007 Legislative Assembly and identified by the Department; and
(e) The evaluation process identified in the application that will be used by the district or program to determine if the district or program is effective in the implementation of the activities for which the district or program is requesting funds.
(4) The amount of each grant for a school district, education service district or program shall be determined based on ORS 327.294 and 327.297. After the initial determination of the grant amount for each district or program, the Department may adjust the grant amount based on additional data and information received by the department.
(5)(a) Each school district, education service district and program shall account for the grant amounts it receives separately, and shall apply these amounts to pay for activities described in the district or program's application. School districts, education service districts and programs may only expend grant funds on approved activities identified in the grant application of the district or program.
(b) School districts and education service districts may choose to budget grantfunds in the district's General Fund or a Special Revenue Fund. Programs may choose to budget these funds in a Special Revenue Fund. The Department will establish an Area of Responsibility code in the Program Budgeting and Accounting Manual for School Districts and Education Service Districts in Oregon to identify all expenditures for the School Improvement Fund. School districts and education service districts and programs shall use the Area of Responsibility code to identify all expenditures for the School Improvement Fund.
(c) School districts, education service district and programs may carry over grant funds received in a fiscal year until the end of the next fiscal year. If a district or program has not expended all of its grant funds prior to the end of the carry over period, the district or program shall return the unused portion of the grant funds to the Department.
(d) If the department determines that a school district, education service district or program did not expend grant funds in accordance with ORS 327.297 or this rule, the Department may deny a subsequent request for grant funds from the district or program and may require the district or program to repay grant funds received by the district or program for any year.
(e) The Department shall deposit any moneys it receives under this section in the School Improvement Fund and distribute those moneys as part of the grants awarded from the fund.
(6) In accordance with ORS 334.177 and the Program Budgeting and Accounting Manual for School Districts and Education Service Districts in Oregon, an education service district may transfer grant funds to component school districts for activities, as identified in the grant application of the education service district, for which the education service district received grant funds. The education service district shall report to the Department about how much grant funds were transferred and shall report improvement data relating to the activities.
(7) In accordance with ORS 327.297 and the Program Budgeting and Accounting Manual for School Districts and Education Service Districts in Oregon, a school district may transfer grant funds to a public charter school for activities, as identified in the grant application of the school district, for which the school district received grant funds. The school district shall report to the Department about how much grant funds were transferred and shall report improvement data relating to the activities.
(8) 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 327
Stats. Implemented: ORS 327.290, 327.294, 327.297
Hist.: ODE 18-2001(Temp), f. & cert. ef. 8-15-01 thru 1-02-02; ODE 31-2001, f. & cert. ef. 12-20-01; ODE 24-2007(Temp), f. & cert. ef. 10-26-07 thru 4-23-08; ODE 12-2008, f. & cert. ef. 4-21-08
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