STATE BOARD OF EDUCATION – ADMINISTRATIVE RULE SUMMARY
Title/OAR #: Students with Disabilities Date: October 17, 2008
OAR 581-010-0200; 581-015-2000; 581-015-2200; 581-015-2240; 581-015-2255; 581-015-2390;581-015-2400; 581-015-2555; 581-015-2575; 581-015-2580; 581-015-2815; 581-016-0920; 581-019-0005; 581-019-0030; 581-019-0075; 581-021-0200; 581-021-0260; 581-049-0010; 581-053-0545; 581-060-0005; 581-070-0220.
Staff/Office: Cindy Hunt, Superintendent’s Office
New Rule Amend Existing Rule Repeal Rule
Hearing Date: ____August 27, 2008______Hearings Officer Report Attached
Action Requested:
First Reading/Second Reading Adoption Adoption/Consent Agenda
WHAT THE PROPOSED/AMENDED RULE DOES: Updates language in rules relating to students with disabilities.
ISSUES RAISED:
· The diversity of persons with disabilities.
· Whether the name of the School for the Blind and the School for the Deaf should be changed.
BACKGROUND:
The 2005 and 2007 legislatures made strides to change the language that describes persons with disabilities throughout the statutes of Oregon. Proponents of these actions asserted that language used by communicators is a reflection of the dignity of all people. Communicators should use language that focuses on the person, rather than on a physical or mental condition, which is not defining or wholly encompassing of a person’s worth or potential.
State agencies are required to review their rules and policies as necessary to reflect a positive approach to persons with disabilities. State law also directs state agencies to use the more preferred and positive term “person with a disability” instead of “disabled person,” “handicapped” or other negative words.
All state board rules were searched to find old terminology and to replace this terminology with updated language. Examples of language changes in the rules include:
· “handicapped students” changed to “students with disabilities”
· “regular and special students” changed to “students with and students without disabilities”
· “students who are disabled” changed to “students who have a disability”
Equity in education begins with focusing on the individual student. Therefore, updating the language used in the state board rules to focus on the individual student rather than the disability addresses the goal of the state board and the superintendent of focusing on equity for all individual students.
Board History: The board first heard the rules at the September, 2008 meeting.
Statutory Authority: ORS 182.109 and 326.051
Fiscal Impact: None.
STAFF RECOMMENDATION: The Superintendent and ODE Staff recommend adoption of the following resolution: RESOLVED, that the State Board of Education, having reviewed the amendments to the rules and the hearing officer's report, accept the rules as amended for adoption.
Updated by CH on 9/7/08
581-010-0200
Minimum Standards and Definitions Pertaining to Objectives of Reorganization
(1) Definitions. The following definitions apply to the application of ORS 330.535 and 330.543 and this rule unless the context indicates otherwise.
(a) "Adversely Affect" means to cause any effect which diminishes educational opportunity for students;
(b) "Affected District" means a school district existing prior to reorganization which by the proposed reorganization will be significantly impacted, directly, or indirectly, in any one of the following areas:
(A) Utilization of facilities;
(B) Programs;
(C) Operational costs;
(D) Revenues;
(E) Assessed valuation per student;
(F) Levying authority;
(G) Tax rates.
(c) "Assets" means all property, both real and personal, owned by or accruing to a school district;
(d) "Average Operational Revenues Per Student" means revenues available for Net Operating Expenditures as defined in ORS 327.006 and computed according to OAR 581-023-0041, divided by the district's Average Daily Membership as defined in ORS 327.006;
(e) "Committee" means the education service district board for the county in which the proposed school district is located. In any county where there is no education service district, "committee" means the governing body of the county. Where a proposed reorganization involves territory in two or more counties, a request for preparation of a reorganization plan shall initially be made to the committee for the county having the greatest number of affected students;
(f) "Contemplated Reorganization" means a reorganization plan:
(A) Which includes all or a portion of the area affected by the proposed reorganization; and
(B) Which the Committee has decided to develop, has underdevelopment, or has adopted but which has not yet been approved by the voters.
(g) "Curricular program" means the following instructional programs:
(A) Grades Kindergarten - 6 means art, health education, language arts, mathematics, music, physical education, science and social studies;
(B) Grades 7 - 8 means Fine and/or applied arts, health education, language arts, mathematics, physical education, science and social studies;
(C) Grades 9 - 12 means career development, global studies, government, health education, language arts, mathematics, personal finance and economics, physical education, science, U.S. history, and applied arts, fine arts or foreign language.
(h) "More Effectively Coordinated Programs" means a determination by the Committee and upon de novo review by the State Board of Education, that, considering the standards set forth in section (2) of this rule, the overall coordination of curricular and extracurricular programs within both the affected district(s) and the proposed district will be more effective as a result of reorganization;
(i) "More Efficient and Economical Administration" means a determination by the Committee and upon de novo review by the State Board of Education, that, considering the standards set forth in section (2) of this rule, the overall cost of providing public education to all students affected by the plan of reorganization will not increase as a result of reorganization;
(j) "School Facilities" means real and personal property, which shall include school buildings, administrative offices, warehouses, garages, buses, computers, audiovisual equipment and other property which may be owned or leased by the school district;
(k) "Significant Impact" means any impact that would diminish a district's ability to provide students such physical facilities, instructional materials, curricular programs and school personnel as may be required by federal law, state law, and administrative rules adopted by the State Board of Education;
(l) "Substantially Equal" means a standard indicating similarity to the extent that no deviation shall be allowed which would deprive any affected student of such physical facilities, instructional materials, curricular programs and school personnel as are required in order for a district to be deemed standard;
(m) "Superior" means a standard indicating qualitative or quantitative improvement over the existing programs.
(2) "Standards": The plan shall be deemed to provide for a satisfactory school district system pursuant to ORS 330.565 if it appears probable the proposed reorganization meets the requirements of ORS 330.090(4) and will achieve all of the objectives of reorganization described in ORS 330.543(1) and this rule. Such requirements of ORS 330.090(4) and the objectives of reorganization are subject to the following minimum standards:
(a) The proposed district shall offer a curricular program for kindergarten through grade twelve which shall:
(A) Meet all state standards for public schools; and
(B) Be substantially equal to or superior to the program which would be available in the affected district or districts in the absence of reorganization.
(b) Reorganization shall not adversely affect individual curricular programs in the affected district(s);
(c) The proposed district shall in a more cost effective manner, administer support services including counseling, health, food, maintenance and transportation than what would be provided in the absence of reorganization;
(d) Reorganization shall not adversely affect administration of support services within the affected district(s);
(e) The proposed district shall in a more cost effective manner administer the existing school facilities within the proposed district than what would be provided in the absence of reorganization;
(f) Reorganization shall not adversely affect the efficient and economical administration of existing school facilities in the affected districts;
(g) Utilization of existing school facilities and projected facilities in the proposed district shall:
(A) Conform with applicable federal, state and local laws and regulations relating to fire, health and safety;
(B) Provide appropriate facilities to assure handicapped studentsstudents with disabilities substantially equal or superior educational opportunities to those which would be provided in the absence of reorganization;
(C) Provide physical facilities to assure equal educational opportunity for both sexes.
(h) The proposed district shall provide coordination of curricular, extracurricular, athletic, and community programs and services superior to the coordination which would have existed in the absence of reorganization;
(i) Reorganization shall not adversely affect the coordination of curricular, extracurricular, athletic, and community programs within the affected district(s);
(j) Reorganization shall provide more efficient and economical administration with respect to social and economic community centers and with respect to natural geographic features within the proposed district(s) and affected district(s) as compared to what would be provided in the absence of reorganization;
(k) Reorganization shall provide integrated, nonsegregated education in the proposed and affected districts, which shall include programs to encourage and support affected children of all races and national origins to learn together and acquire the skills and attributes of citizenship;
(l) Any existing affirmative or remedial programs or services offered to students within the affected districts shall be substantially equal to those available to students within the affected districts as a result of reorganization;
(m) Reorganization shall not result in violation of ORS 659.150 or OAR 581-021-0045;
(n) Reorganization shall not result in an increase in tax rates on taxable property in the proposed oraffected district(s) where such increase will have a significant impact on any affected district;
(o) Reorganization shall not result in an increase in assessed value per student in the proposed or affected district(s) where such increase will have a significant impact on any affected district;
(p) Reorganization shall not result in a reduction in assessed value per student where such reduction would have a significant impact on any affected district(s);
(q) Reorganization shall not result in a reduction in operational revenues per student where such reduction would have a significant impact on any affected district(s);
(r) In the case of a reorganization which results in a new district having an indebtedness or liability (whether or not immediately payable) which is more than 20 percent of the projected first year's operating budget of the new district, the new district shall not receive its share of assets and shall not operate until adequate provision has been made, as determined by the Committee and State Board of Education, for payment of such indebtedness or liability as it becomes due. Such provision may be in the form of a tax base or authorization for the issuance of bonds. The "indebtedness or liability" referred to in this subsection includes, but is not limited to prior debt service costs or funding of a retirement system established pursuant to ORS Chapter 239(TRFA);
(s) When the reorganization combines two or more districts into one district, the duties of administrators shall be reviewed, and, if necessary, redistributed, to obtain maximum operating efficiency within affected districts;
(t) When reorganization involves detachment from an existing district, administrative efficiency of the existing district shall not be adversely affected by the reorganization;
(u) If by reason of the application of ORS 330.660(1)(b) or otherwise, reorganization results in a district having an excess number of employees, then:
(A) The reduction in probationary and permanent teacher staff shall be governed by ORS 342.934 of the Fair Dismissal Law, except to the extent such may be in conflict with any valid and applicable provision of an individual or collective bargaining contract; and
(B) Reduction of other employees shall be governed by any applicable and valid individual or collective bargaining contract.
(v) If the provisions of ORS 330.660(1)(b) are inapplicable those employees who, immediately prior to the date on which the new district comes into existence, spent the majority of their on-duty time in the buildings assigned to the new district in the reorganization, shall become employees of the new district, effective ensuing July 1, unless their employment with the former district terminates prior to that date. Unless otherwise agreed by the new district and such employees or their respective collective bargaining representatives, their employment status as regards permanency (for instance, whether a permanent teacher, probationary teacher, temporary employee) shall be subject to the same rights, or lack thereof, as applied immediately prior to the date on which the new district came into existence. In such cases, unless agreed otherwise between the new district and said employees or their respective collective bargaining representatives, for a period of one year, the salary rates and employee benefits while employed shall remain unchanged. The provision does not refer to membership or receipt of benefits from a retirement system established under ORS Chapter 239(TRFA);
(w) As determined by legal descriptions and maps, reorganization shall not result in a noncontiguous district;
(x) Reorganization shall not result in a school district having fewer than 20 children, as determined by the most recent enrollment report to the Oregon Department of Education and projected enrollment for the two forthcoming years;
(y) Reorganization shall not affect any other contemplated reorganization.
Stat. Auth.: ORS 330
Stats. Implemented: ORS Statute Repealed
Hist.: 1EB 9-1985, f. & ef. 2-5-85; 1EB 27-1986, f. & ef. 7-18-86
581-015-2000
Definitions
The definitions below apply to Oregon Administrative Rules 581-015-2000 through 2999, unless the context indicates otherwise.
(1) "Adult student" is a student for whom special education procedural safeguard rights have transferred as described in OAR 581-015-2325.
(2) "Assistive technology device" means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.
(3) "Assistive technology service" means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes:
(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;
(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;
(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;