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Oregon Bulletin

March 1, 2012

Oregon Department of Education, Chapter 581

Rule Caption: Interdistrict Transfers.

Adm. Order No.: ODE 1-2012

Filed with Sec. of State: 2-1-2012

Certified to be Effective: 2-3-12

Notice Publication Date: 12-1-2011

Rules Amended: 581-021-0019

Subject: Clarifies that Interdistrict Transfer Rule does not apply to transfers under House Bill 3681.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-021-0019

Interdistrict Transfer Agreement

(1) Definitions. As used in this rule:

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

(b) “Individualized education program” means a written statement of an educational program for a child with a disability that is developed, reviewed and revised in a meeting in accordance with criteria established by rules of the State Board of Education for each child eligible for special education and related services under ORS Chapter 343.

(c) “Interscholastic activities” includes but is not limited to athletics, music, speech, and other related activities.

(d) “Nonresident school district” means a school district that is not the resident school district of a child.

(e) “Person in parental relationship” means, as defined in ORS 339.133, an adult who has physical custody of a child or resides in the same household as the child, interacts with the child daily, provides the child with food, clothing, shelter and incidental necessaries and provides the child with necessary care, education and discipline. “Person in parental relationship” does not mean a person with a power of attorney or other written delegation of parental responsibilities if the person does not have other evidence of a parental relationship.

(f) “Resident school district” means the school district that has a legal responsibility to education a child because the child resides in the district with a parent, guardian or person in parental relationship.

(g) “School district” means a school district as defined in ORS 332.002, a state-operated school or any legally constituted combination of such entities.

(2)(a) A nonresident school district may enroll a student who is a resident of another district and receive State School Fund money for the student only if there is a signed Interdistrict Transfer Agreement between the resident school district, nonresident school district, and the parent/guardian(s) or person in parental relationship.

(b) The provisions of this rule does not affect the authority of a school district to enroll students under section 9, chapter 718, Oregon Laws 2011 (Enrolled House Bill 3681) and does not apply to students who attend a school under that section.

(c) The provisions of this rule do not affect the authority of a school district to enter into a contract with another district under ORS 339.125.

(3) It is understood that upon approval by the district of the Interdistrict Transfer Agreement that:

(a) The Resident District shall fully release the student to the Nonresident District. The Nonresident District shall claim the student as a resident student for the purposes of claiming basic school support under the State School Fund and shall report itself as the Resident District of record for ADM purposes.

(b) The Nonresident District shall report the student as a resident student for ADM per ORS 339.133. The Resident District turns over to the Nonresident District all portions of the ADMr and the ADMw that is paid from the State School Fund. Funds may only be exchanged between the districts for the student based on the Interdistrict Transfer Agreement.

(c) The Nonresident District will be accountable for meeting the requirements of the standards described in OAR chapter 581, division 22.

(d) The Resident District holds the responsibility of ensuring a free, appropriate public education (FAPE) in the least restrictive environment (LRE) for students on an Individualized Education Program (IEP).

(4) Modification to the original Interdistrict Transfer Agreement requires written consent by all parties (resident school district, nonresident school district, and parent/guardian or person in parental relationship).

(5) The Interdistrict Transfer Agreement will only be in effect beginning with the effective date listed on the form. The resident and nonresident district policy must include an annual review of each approved interdistrict transfer agreement including an annual notification to parents/guardians or person in parental relationship of the children subject to the interdistrict transfer agreement.

(6) The Interdistrict Transfer Agreement must contain the following data about the student whom is the subject of the transfer:

(a) Legal Last Name;

(b) Legal First Name;

(c) Legal Middle Name;

(d) Gender;

(e) Date of Birth;

(f) Enrolled Grade;

(g) House Number/Street Address: (P.O. Box as determined by District Superintendent or Designee);

(h) Apartment Complex;

(i) Apartment Number;

(j) City;

(k) State;

(l) Zip;

(m) Resident School District;

(n) Nonresident School District;

(o) Effective Date of Transfer;

(p) Primary Phone Number of Parent/Guardian/Person of Parental Relationship;

(q) Secondary Phone Number;

(r) Parent/Guardian/Person of Parental Relationship Name;

(s) Individualized Education Plan (IEP) for Special Education Services: If the student seeking transfer has an IEP in place, both the sending and receiving districts need to ensure required services are provided.

(t) Interscholastic Organization participation: A transfer does not guarantee eligibility to participate in competitive activities/athletics at the receiving school. Competitive eligibility is determined by the organization’s rules.

(u) Student suspension reason and when;

(v) Student expulsion reason and when;

(w) Reason for the transfer request;

(x) Attendance records;

(y) Certification of truth: Parent/guardian/Person of Parental Relationship to certify the above information is true;

(z) Signature of Parent/Guardian/Person of Parental Relationship with date;

(aa) Final Action of Resident District with Approved or Denied; Reason for denial;

(bb) Resident Superintendent/Designee Signature with date;

(cc) Final Action of Nonresident District with Approved or Denied; Reason for denial;

(dd) Nonresident Superintendent/Designee Signature with date.

(7) The Oregon Department of Education (ODE) will provide a sample agreement form. Resident school districts are responsible for developing their own written instructions.

(8) An Interdistrict Transfer Agreement shall only be between districts within the state of Oregon.

(9) Upon request by the nonresident district, a resident district shall release student records to the nonresident district.

Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 339.133
Hist.: ODE 21-2008, f. 8-28-08, cert. ef. 8-29-08; ODE 1-2012, f. 2-1-12, cert. ef. 2-3-12


 

Rule Caption: Modifies rule relating to public school employee criminal background checks, implementing 2011 legislation.

Adm. Order No.: ODE 2-2012

Filed with Sec. of State: 2-1-2012

Certified to be Effective: 2-3-12

Notice Publication Date: 12-1-2011

Rules Amended: 581-021-0500

Subject: Implements legislation which amended list of crimes which prohibit person if committed from becoming school employee.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-021-0500

Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses

(1) Definitions of terms shall be as follows:

(a) “Subject individual” means:

(A) Any person newly hired by a school district and not requiring licensure under ORS 342.223;

(B) Any person newly hired as or by a contractor into a position having direct, unsupervised contact with students and not requiring licensure under ORS 342.223;

(C) Any person included above unless the current employer has on file evidence from a previous employer documenting a successfully completed Oregon and FBI criminal records check. The Oregon Department of Education or the Teacher Standards and Practices Commission verification of a previous check shall be acceptable only in the event the employer can demonstrate records are not otherwise available. Additional evidence that the employee has not resided outside the state between the two periods of time working in the district shall be maintained;

(D) A person who is a community college faculty member providing instruction at a kindergarten through grade 12 school site during the regular school day; and

(E) A person who is an employee of a public charter school.

(b) “Direct, unsupervised contact with students” means contact with students that provides the person opportunity and probability for personal communication or touch when not under direct supervision;

(c) “Fee” means the total charges assessed the local school district’s State School Fund by the Department of Education for processing each fingerprint card submitted. The fee amount and distribution shall be as follows:

(A) Oregon State Police (OSP) – $28;

(B) Federal Bureau of Investigation (FBI) – $24;

(C) Oregon Department of Education – $10;

(D) TOTAL – $62.

(d) “Information to be required” means all information requested by the Oregon Department of Education for processing the fingerprint application, including the following:

(A) One properly completed FBI fingerprint cards #USGPO 1990-262-201-2000; and

(B) A properly completed Department of Education form #581-2283-M.

(e) For purposes of criminal background checks pursuant to ORS 326.603 and 326.607, conducted in relation to individuals subject to such criminal background verification, the following definitions of “conviction” of a crime applies:

(A) Any adjudication in any criminal court of law, in this state or in any other jurisdiction, finding the individual committed a crime. A crime is an offense for which a sentence of imprisonment is authorized.

(B) Any adjudication in a juvenile proceeding, in this state or in any other jurisdiction, determining that the individual committed an offense, which if done by an adult, would constitute a crime listed in ORS 342.143.

(C) Any conduct which resulted in mandatory registration reporting as a sex offender in this state or any other jurisdiction. A later court order or other action relieving the individual of the sex offender registration/reporting requirement does not affect the status of the conduct as a conviction for purposes of this rule.

(D) Any plea of guilty, no contest or nolo contendere in connection with a crime, in this state or in any other jurisdiction.

(E) A conviction exists for purposes of this rule, regardless of whether a dismissal was later entered into the record in connection with a diversion or on any sort of deferred adjudication or delayed entry of judgment.

(F) A conviction exists for purposes of this rule even if a crime was expunged or removed from the record of the individual under the laws of another jurisdiction if the crime would be ineligible under ORS 137.225 for expunction or removal from the record if the conviction had occurred in Oregon. A conviction does not exist where an Oregon court has expunged or otherwise removed a conviction from the record of an individual.

(G) A conviction does not exist, except as noted above, only where there was a judicial adjudication that the individual did not commit the offense in question, or when a conviction, adjudication or plea is overturned by an appellate court of record and no later conviction, adjudication or plea indicating the individual committed the offense in question is on the record.

(f) “Knowingly made a false statement” means that a subject individual has failed to disclose a crime on the Department of Education form #581-2283-M as part of the criminal background check process.

(g) “Applicant” means a subject individual for whom fingerprint cards and other required information have been submitted to the Oregon Department of Education for a criminal history check and review;

(h) “Newly hired” means the employment of a person after application or request for a position without regard to that person’s current or previous employer; and

(i) “School district” means:

(A) A taxing district providing public elementary or secondary education, or any combination thereof, within the state;

(B) An education service district;

(C) The Oregon School for the Deaf;

(D) An educational program under the Youth Corrections Education Program; and

(E) A public charter school.

(2) School districts shall adopt and implement local board policy related to fingerprint collection and processing which shall:

(a) Specify that subject individuals as defined by this rule are subject to fingerprinting and criminal record checks required by law;

(b) Specify which contractors will be considered to have unsupervised access to children and are subject to fingerprinting and criminal records checks required by law;

(c) Specify the format used to notify subject individuals that fingerprinting and criminal record checks are required by law and that any action resulting from those checks may be appealed as a contested case;

(d) Provide a clear statement that the district will terminate the employee, if it receives notification by the Superintendent of Public Instruction that the person has been convicted, of the crimes prohibiting employment that are listed in section (9) of this rule;

(e) Provide a clear statement that the district may terminate the employee, if it receives notification by the Superintendent of Public Instruction that the person has knowingly made a false statement as to the conviction of any crime;

(f) Specify that subject individuals may begin to carry out terms of a contract or employment on a probationary basis pending the return of criminal record checks by the FBI;

(g) Identify that employment shall be offered prior to collecting fingerprint cards for submission to the Department of Education and that fees may be collected from the applicant. The applicant may request that the amount of the fee be withheld from the amount otherwise due the individual, and the school district shall withhold the amount only upon the request of the subject individual; and

(h) Identify a procedure that ensures the integrity of fingerprint collection and will prevent any possible compromise of the process.

(3) Fingerprints may be collected by one of the following:

(a) Employing school district staff;

(b) Contracted agent of employing school district;

(c) Local or state law enforcement agency.

(4) School districts shall send to the Department of Education for purposes of a criminal records check any information, including fingerprints for each subject individual defined in this rule immediately following offer and acceptance of employment or contract.

(5) The Department of Education shall request criminal information from the Department of State Police in the manner prescribed by law and may charge the school district a fee not to exceed the actual cost of acquiring and furnishing the information.

(6) The Oregon Department of Education shall review the criminal records of subject individual upon the district’s submission of the required FBI and state forms and the State Superintendent of Public Instruction or designee shall issue a statement of criminal history status and related impact on employment or contract qualification. The Superintendent of Public Instruction or designee shall also notify the school district if the subject individual has knowingly made a false statement as to conviction of a crime.

(7) The Oregon Department of Education shall not provide copies of criminal records to anyone except as provided by law. The subject individual may inspect his or her personal criminal records under the supervision of properly certified LEDS (Law Enforcement Data Systems) personnel at the Department of Education.

(8) Subject individuals who refuse to consent to the criminal records check or refuse to be fingerprinted shall be terminated from employment or contract status by the district.

(9) Subject individuals who have been convicted of any of the crimes listed in ORS 342.143, or the substantial equivalent of any of those crimes if the conviction occurred in another jurisdiction or in Oregon under a different statutory name or number, shall be refused continued employment or have employment terminated upon notification from the Superintendent of Public Instruction. The crimes listed in ORS 342.143 are:

(a) ORS 163.095 – Aggravated Murder;

(b) ORS 163.115 – Murder;

(c) ORS 163.185 – Assault in the First Degree;

(d) ORS 163.235 – Kidnapping in the First Degree;

(e) ORS 163.355 – Rape in the Third Degree;

(f) ORS 163.365 – Rape in the Second Degree;

(g) ORS 163.375 – Rape in the First Degree;

(h) ORS 163.385 – Sodomy in the Third Degree;

(i) ORS 163.395 – Sodomy in the Second Degree;

(j) ORS 163.405 – Sodomy in the First Degree;

(k) ORS 163.408 – Unlawful Sexual Penetration in the Second Degree;

(l) ORS 163.411 – Unlawful Sexual Penetration in the First Degree;

(m) ORS 163.415 – Sexual Abuse in the Third Degree;

(n) ORS 163.425 – Sexual Abuse in the Second Degree;

(o) ORS 163.427 – Sexual Abuse in the First Degree;

(p) ORS 163.432 – Online sexual corruption of a child in the second degree;

(q) ORS 163.433 – Online sexual corruption of a child in the first degree;

(r) ORS 163.435 – Contributing to the Sexual Delinquency of a Minor;

(s) ORS 163.445 – Sexual Misconduct;

(t) ORS 163.465 – Public Indecency;

(u) ORS 163.515 – Bigamy;

(v) ORS 163.525 – Incest;

(w) ORS 163.547 – Child Neglect in the First Degree;

(x) ORS 163.575 – Endangering the Welfare of a Minor;

(y) ORS 163.670 – Using Child in Display of Sexually Explicit Conduct;

(z) ORS 163.675 (1985 Replacement Part) – Sale of Exhibition of Visual Reproduction of Sexual Conduct by Child;

(aa) ORS 163.680 (1993 Edition) – Paying for Viewing Sexual Conduct Involving a Child;

(bb) ORS 163.684 – Encouraging Child Sex Abuse in the First Degree;

(cc) ORS 163.686 – Encouraging Child Sex Abuse in the Second Degree;

(dd) ORS 163.687 – Encouraging Child Sex Abuse in the Third Degree;

(ee) ORS 163.688 – Possession of Materials Depicting Sexually Explicit Conduct of a Child in the First Degree;

(ff) ORS 163.689 – Possession of Materials Depicting Sexually Explicit Conduct of a Child in the Second Degree;

(gg) ORS 164.325 – Arson in the First Degree;

(hh) ORS 164.415 – Robbery in the First Degree;

(ii) ORS 166.005 – Treason;

(jj) ORS 166.087 – Abuse of Corpse in the First Degree;

(kk) ORS 167.007 – Prostitution;

(ll) ORS 167.008 – Patronizing a Prostitute;

(mm) ORS167.012 – Promoting Prostitution;

(nn) ORS 167.017 – Compelling Prostitution;

(oo) ORS 167.057 – Luring a minor;

(pp) ORS 167.062 – Sadomasochistic Abuse or Sexual Conduct in Live Show;

(qq) ORS 167.075 – Exhibiting an Obscene Performance to a Minor;

(rr) ORS 167.080 – Displaying Obscene Materials to Minors;

(ss) ORS 167.090 – Publicly Displaying Nudity or Sex for Advertising Purposes;

(tt) ORS 475.808 – Unlawful manufacture of hydrocodone within 1,000 feet of school;

(uu) ORS.475.810 – Unlawful delivery of hydrocodone;

(vv) ORS 475.812 – Unlawful delivery of hydrocodone within 1,000 feet of school;

(ww) ORS 457.818 – Unlawful manufacture of methadone within 1,000 feet of school;

(xx) ORS 475.820 – Unlawful delivery of methadone; and

(yy) ORS 475.822 – Unlawful delivery of methadone within 1,000 feet of school.

(zz) ORS 475.828 – Unlawful manufacture of oxycodone within 1,000 feet of school;

(aaa) ORS 475.830 – Unlawful delivery of oxycodone;

(bbb) ORS 475.832 – Unlawful delivery of oxycodone within 1,000 feet of school;

(ccc) ORS 475.848 – Unlawful manufacture of heroin within 1,000 feet of school;

(ddd) ORS 475.852 – Unlawful delivery of heroin within 1,000 feet of school;

(eee) ORS 475.858 – Unlawful manufacture of marijuana within 1,000 feet of school;

(fff) ORS 475.860 – Unlawful delivery of marijuana;

(ggg) ORS 475.862 – Unlawful delivery of marijuana within 1,000 feet of school;

(hhh) ORS 475.864(4) – Unlawful possession of marijuana within 1,000 feet of school;

(iii) ORS 475.868 – Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school;

(jjj) ORS 475.872 – Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school;

(kkk) ORS 475.878 – Unlawful manufacture of cocaine within 1,000 feet of school;

(lll) ORS 475.880 – Unlawful delivery of cocaine;

(mmm) ORS 475.882 – Unlawful delivery of cocaine within 1,000 feet of school;

(nnn) ORS 475.888 – Unlawful manufacture of methamphetamine within 1,000 feet of school;

(ooo) ORS 475.890 – Unlawful delivery of methamphetamine;

(ppp) ORS 475.892 – Unlawful delivery of methamphetamine within 1,000 feet of school;

(qqq) ORS 475.904 – Unlawful manufacture or delivery of controlled substance within 1,000 feet of school;

(rrr) ORS 475.906 – Penalties for distribution to minors.

(10) Subject individuals who have been convicted of any of the crimes listed in ORS 161.405 or an attempt to commit any of the crimes listed in section (9) of this rule shall be refused continued employment or have employment terminated upon notification from the Superintendent of Public Instruction.

(11) A school district may terminate the employment of any subject individuals who knowingly makes a false statement as to the conviction of a crime upon notification of the false statement by the Superintendent of Public Instruction.

(12) Evaluations of crimes shall be based on Oregon laws in effect at the time of conviction, regardless of the jurisdiction in which the conviction occurred.

(13) Prior to making a determination that results in a notice and opportunity for hearing, the Superintendent of Public Instruction may cause an investigation to be undertaken. Subject individuals and districts shall cooperate with the investigation and may be required to furnish oral or written statements by affidavit or under oath. If the Superintendent of Public Instruction determines through investigation that a violation of this rule has not occurred, a written decision explaining the basis for the decision will be provided to the subject individual.

(14) Applicants may appeal a determination that prevents their employment or eligibility to contract with a school district as a contested case under ORS 183.413 to 183.470 to the Oregon Superintendent of Public Instruction.

(15) Only cards and forms approved by the Department of Education will be accepted. The Department of Education will return any incomplete or incorrectly completed fingerprint cards and associated forms without taking any other action.

(16) The Department of Education shall maintain a record of all properly submitted fingerprint cards. The record shall include at least the following:

(a) Card sequence number;

(b) District submitting the cards;

(c) Date cards and Department form received;

(d) Date completed card sent to Oregon State Police;

(e) Date denial or probationary approval sent to district;

(f) Date FBI card returned to Department; and

(g) Date denial or final approval sent to district.

Stat. Auth.: ORS 326.603
Stats. Implemented: ORS 326.603
Hist.: ODE 25-2008, f. & cert. ef. 9-26-08; ODE 12-2009, f. & cert. ef. 12-10-09; ODE 18-2009, f. & cert. ef. 12-10-09; ODE 2-2012, f. 2-1-12, cert. ef. 2-3-12


 

Rule Caption: Modifies rule requiring school districts to award extended diplomas to certain students, implementing HB 2283 (2011).

Adm. Order No.: ODE 3-2012

Filed with Sec. of State: 2-1-2012

Certified to be Effective: 2-3-12

Notice Publication Date: 10-1-2011

Rules Amended: 581-022-1133

Subject: The 2011 legislature enacted HB 2283, which modifies the extended diploma requirements relating to transition services and consent.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-022-1133

Extended Diploma

(1) Definitions.

(a) “Other services” for the purposes of this rule means:

(A) Those services paid for or provided by another agency, such as Vocational Rehabilitation or Brokerages, which may be considered in the calculation of the total number of hours that equals at least the total number of instructional hours that is required to be provided to students who are attending public high school. These “other services” are not to be considered educational services and are not provided by or through the school district or public charter school.

(B) Those services identified in OAR 581-022-1620(4), such as school assemblies, student orientations, testing, etc, which may be considered in the calculation of the total number of hours that equals at least the total number of instructional hours that is required to be provided to students who are attending public high school. These services are provided by the school district or public charter school.

(2) A school district or public charter school shall award an extended diploma to a student who satisfies the requirements of this rule.

(3 A school district or public charter school shall award an extended diploma only to students who have demonstrated the inability to meet the full set of academic content standards for a high school diploma with reasonable modifications and accommodations.

(4) A school district or public charter school may award an extended diploma to a student only upon the consent of the parent or guardian of the student, or upon the consent of the adult student or emancipated minor student. A district or school must receive the consent in writing and during the school year in which the extended diploma is awarded. (A) If student is under 18, consent must be received from the parent or guardian.

(B) If the student is under age 18 and emancipated, consent must be received from the student.

(C) If the adult student is 18 or older, consent must be received from the student.

(D) If the student is under guardianship from the courts, consent must come from the court-appointed authority.

(5) To be eligible for an extended diploma, a student must:

(a) Have a documented history of an inability to maintain grade level achievement due to significant learning and instructional barriers or have a documented history of a medical condition that creates a barrier to achievement; and

(b)(A) Participate in an alternate assessment beginning no later than grade six and lasting for two or more assessment cycles; or

(B) Have a serious illness or injury that occurs after grade eight, that changes the student’s ability to participate in grade level activities and that results in the student participating in alternate assessments.

(c) While in grade nine through completion of high school, complete 12 credits, which may not include more than six credits earned in a self-contained special education classroom and shall include:

(A) Two credits of mathematics;

(B) Two credits of English;

(C) Two credits of science;

(D) Three credits of history, geography, economics or civics;

(E) One credit of health;

(F) One credit of physical education; and

(G) One credit of the arts or a second language;

(6)(a) A student shall have the opportunity to meet the requirements of an extended diploma by the later of:

(A) Four years after starting grade nine; or

(B) The student reaching the age of 21 years, if the student is entitled to a public education until the age of 21 years under state or federal law.

(b) A student may complete the requirements for an extended diploma in less than four years if the parent/guardian or adult student gives consent.

(A) The consent must be written and must clearly state that the parent/guardian or adult student is waiving the 4 years to complete the requirements for an extended diploma.

(B) A copy of all consents must be sent to the district superintendent.

(C) Each school district must annually provide the number of consents obtained to the State Superintendent of Public Instruction

(D) The consent may not be used to allow a student to satisfy the requirements for an extended diploma in less than three years.

(7) A school district or public charter school shall:

(a) Ensure that students have on-site access to the appropriate resources to achieve an extended diploma at each high school in the school district or at the public charter school.

(b) Beginning in grade five, annually provide information to the parents or guardians of a student taking an alternate assessment of the availability of an extended diploma and the requirements for the extended diploma.

(c) A school district or public charter school may not deny a student who has the documented history described in subsection (1)(a) of this section the opportunity to pursue a diploma with more stringent requirements than a modified diploma or an extended diploma for the sole reason that the student has the documented history.

(8)(a) A student who receives an extended diploma shall have access to instructional hours, hours of transition services and hours of other services that are designed to meet the unique needs of the student.

(b) When added together, the school district or public charter school will provide a total number of hours of instruction and services to the student that equals at least the total number of instructional hours that is required to be provided to students who are attending a public high school.

(c) The total number of hours that are appropriate for a student shall be determined by the individualized education program (IEP) team if the student is eligible for special education.

(d) Based on the student’s needs and performance level, the student’s IEP team may decide that the student will not access the total number of hours of instruction and services required to be provided to students who are attending a public high school.

(e) The school district or public charter school may not unilaterally decrease the total number of hours of instruction and services to which the student has access regardless of the age of the student.

(f) If a student’s IEP team decides that the student will not access the total number of hours of instruction and services to which the student has access the school district or public charter school shall annually:

(A) Provide the following information in writing to the adult student, parent or guardian of the student:

(i) The school district’s or public charter school’s duty to comply with the requirements to provide the total number of hours of instruction and services to the student; and

(ii) The prohibition against a school district’s or public charter school’s unilaterally decreasing the total number of hours of instruction and services to which the student has access.

(B) Obtain a signed acknowledgment from the adult student, parent or guardian of the student that the adult student, parent or guardian received the information.

(C) Include in the IEP for the student a written statement that explains the reasons the student is not accessing the total number of hours of instruction and services to which the student has access.

(g) Transition services and other services designed to meet the unique needs of the student may be provided to the student through an interagency agreement entered into by the school district if the individualized education program developed for the student indicates that the services may be provided by another agency. The school district or public charter school retains the responsibility for ensuring that the student has access to the number of service hours required to be provided to the student.

(h) An agency is not required to change any eligibility criteria or enrollment standards prior to entering into an interagency agreement with the school district.

(9) School districts and public charter schools shall make extended diplomas as required by ORS 329.451 and this rule first available to students during the 2009-2010 school year.

Stat. Auth.: ORS 326.051

Stat. Implemented: ORS 329.451
Hist.: ODE 21-2009, f. & cert. ef. 12-10-09; ODE 3-2012, f. 2-1-12, cert. ef. 2-3-12


 

Rule Caption: Modifies modified diploma requirements related to transition services and consent, implementing HB 2283 (2011).

Adm. Order No.: ODE 4-2012

Filed with Sec. of State: 2-1-2012

Certified to be Effective: 2-3-12

Notice Publication Date: 10-1-2011

Rules Amended: 581-022-1134

Subject: The 2011 legislature enacted HB 2283 which changed the requirements relating to transition services and consent for the modified diploma.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-022-1134

Modified Diploma

(1) Definitions. As used in this rule:

(a) “Documented history” means evidence in the cumulative record and education plans of a student that demonstrates the inability over time to maintain grade level achievement even with appropriate modifications and accommodations.

(b) “Instructional barrier” means a significant physical, cognitive or emotional barrier that impairs a student’s ability to maintain grade level achievement.

(c) “Modified course” means a course that has been systematically changed or altered for a student only after reasonable alternative instructional strategies (e.g. accommodations, remediation) are exhausted.

(d) “Other services” for the purposes of this rule means:

(A) Those services paid for or provided by another agency, such as Vocational Rehabilitation or Brokerages, which may be considered in the calculation of the total number of hours that equals at least the total number of instructional hours that is required to be provided to students who are attending public high school. These “other services” are not to be considered educational services and are not provided by or through the school district or public charter school.

(B) Those services identified in OAR 581-022-1620(4), such as school assemblies, student orientations, testing, etc, which may be considered in the calculation of the total number of hours that equals at least the total number of instructional hours that is required to be provided to students who are attending public high school. These services are provided by the school district or public charter school.

(2) On or after July 1, 2009, each district school board or public charter school governing board with jurisdiction over high school programs shall award a modified diploma only to students who have demonstrated the inability to meet the full set of academic content standards for a high school diploma even with reasonable modifications and accommodations but who fulfill all state requirements as described in this rule and all applicable local school district requirements as described in district school board policies or public charter school requirements as described in school policies. In addition, on or after July 1, 2009, a district school board or public charter school governing board may only award a modified diploma to a student who meets the eligibility criteria specified in section 3 of this rule.

(3)(a) Except as provided in paragraph (c) or (d) of this section, a school district or public charter school shall grant eligibility for a modified diploma to a student who has:

(A) A documented history of an inability to maintain grade level achievement due to significant learning and instructional barriers; or

(B) A documented history of a medical condition that creates a barrier to achievement.

(b) A student shall have the opportunity to meet the requirements of a modified diploma by the later of:

(A) Four years after starting grade nine; or

(B) The student reaching the age of 21 years, if the student is entitled to a public education until the age of 21 years under state or federal law.

(c) A student may complete the requirements for a modified diploma in less than four years if the parent/guardian or adult student gives consent.

(A) The consent must be written and must clearly state that the parent/guardian or adult student is waiving the 4 years to complete the requirements for a modified diploma.

(B) A copy of all consents must be sent to the district superintendent.

(C) Each school district must annually provide the number of consents obtained to the State Superintendent of Public Instruction.

(D) The consent may not be used to allow a student to satisfy the requirements for a modified diploma in less than three years.

(d) A school district or public charter school may not deny a student who has the documented history described in paragraph (a) of this subsection the opportunity to pursue a diploma with more stringent requirements than a modified diploma for the sole reason that the student has the documented history.

(e) Students currently engaged in the use of illegal drugs are not eligible for a modified diploma if the significant learning and instructional barriers are due to the use of illegal drugs.

(f) Students currently engaged in the illegal use of alcohol are not eligible for a modified diploma if the significant learning and instructional barriers are due to the alcohol abuse, regardless of whether that student is disabled under Section 504 on the basis of alcoholism.

(g) Notwithstanding paragraph (c) and (d) of this section, a school district or public charter school may grant eligibility for a modified diploma to a student who is no longer engaging in illegal use of drugs or alcohol if the student:

(A) Has successfully completed a supervised drug or alcohol rehabilitation program and are no longer engaged in the illegal use of drugs or alcohol; or

(B) Has been rehabilitated successfully and is no longer engaged in the illegal use of drugs or alcohol; or

(C) Is participating in a supervised rehabilitation program and is no longer engaging in the illegal use of drugs or alcohol.

(4)(a) A school district or public charter school shall determine which school teams shall decide if a student will work toward obtaining a modified diploma. A student’s school team must include an adult student, parent/ guardian of the student.

(b) A school district or public charter school may award a modified diploma to a student only upon the consent of the parent or guardian of the student or upon the consent of the adult student or emancipated minor student. A district or school must receive the consent in writing and during the school year in which the modified diploma is awarded.

(A) If student is under 18, consent must be received from the parent or guardian.

(B) If the student is under age 18 and emancipated, consent must be received from the student.

(C) If the adult student is 18 or older, consent must be received from the student or guardian.

(D) If the student is under guardianship from the courts, consent must come from the court-appointed authority.

(c) Except as provided in subsection (e) of this section, a student’s school team shall decide that a student should work toward a modified diploma no earlier than the end of the 6th grade and no later than 2 years before the student’s anticipated exit from high school.

(d) Beginning in grade five, school district and public charter schools shall annually provide information to the parents or guardians of a student taking an alternate assessment of the availability of a modified diploma and the requirements for the modified diploma.

(e) A student’s school team may formally decide to revise a modified diploma decision.

(f) A student’s school team may decide that a student who was not previously working towards a modified diploma should work toward a modified diploma when a student is less than 2 years from anticipated exit from high school if the documented history of the student described in section (3) of this rule has changed.

(5) Unit of credit requirements for students graduating with a modified diploma:

(a) To receive a modified diploma a student must earn 24 units of credit, between grade 9 and the end of their high school career with at least 12 of those credits to include:

(A) English Language Arts — 3;

(B) Mathematics — 2;

(C) Science — 2;

(D) Social Sciences (which may include history, civics, geography and economics (including personal finance)) — 2;

(E) Health Education — 1;

(F) Physical Education — 1; and

(G) Career Technical Education, The Arts or Second Languages (units may be earned in any one or a combination) — 1.

(b) School districts and public charter schools shall be flexible in awarding the remaining 12 units of credit. These credits must be awarded to meet the needs of the individual student as specified in the education plan of the student with the expectations and standards aligned to the appropriate grade level academic content standards. These credits may include:

(A) Additional core credits described in paragraph (a) of this section;

(B) Professional technical education;

(C) Electives; and

(D) Career development.

(c) Students may earn units of credit through regular education with or without accommodations or modifications and through modified courses.

(d) Students shall have the option to earn credit for demonstrating proficiency. A student may be given credit for successful demonstration of knowledge and skills that meets or exceeds defined levels of performance. Students may demonstrate proficiency through classroom work or documentation of learning experiences outside of school, or through a combination of these means.

(e) School districts and public charter schools shall ensure that students have access to needed courses, modifications and supports to pursue a modified diploma and to progress in the general education curriculum.

(f) A school district or public charter school may not require a student to earn more than 24 units of credit to receive a modified diploma.

(6) A school district or public charter school shall grant credit toward a modified diploma only for courses that contain substantial academic content. A school district or public charter school shall grant credit for a modified diploma through a continuum of instruction beginning at basic skills and progressing through high level skills.

(7) A school district or public charter school shall award a regular diploma under OAR 581-022-1130 if all requirements for a regular diploma are met. Completion of one or more modified courses shall not prohibit a student from earning a regular diploma; however, required core courses taken under modified conditions must be retaken under standard conditions to be counted toward a regular diploma.

(8) A school district or public charter school shall grant credit toward a modified diploma according to individual student needs across academic content areas including applied, consumer, academic, or knowledge and skill development.

(9) Each student shall develop an education plan and build an education profile as provided under OAR 581-022-1130.

(10) A school district or public charter school shall inform the student and parent or guardian of the student if the courses in grades 9-12 have been modified for an individual student.

(11) A school district or public charter school shall provide transcripts which clearly identify modified courses that do not count toward the regular diploma but that do count toward a modified diploma.

(12) Each student shall build a collection of evidence, or include evidence in existing collections, to demonstrate extended application of the standards as defined in OAR 581-022-0102;

(13) Each student receiving a modified diploma shall have the option of participating in the high school graduation ceremony with the members of their class receiving a high school diploma.

(14)(a) A student who receives a modified diploma shall have access to instructional hours, hours of transition services and hours of other services that are designed to meet the unique needs of the student.

(b) When added together, the school district or public charter school will provide a total number of hours of instruction and services to the student that equals at least the total number of instructional hours that is required to be provided to students who are attending a public high school.

(c) The total number of hours that are appropriate for a student shall be determined by the individualized education program (IEP) team if the student is eligible for special education.

(d) Based on the student’s needs and performance level, the student’s IEP team may decide that the student will not access the total number of hours of instruction and services required to be provided to students who are attending a public high school.

(e) The school district or public charter school may not unilaterally decrease the total number of hours of instruction and services to which the student has access regardless of the age of the student.

(f) If a student’s IEP team or school team, decides that the student will not access the total number of hours of instruction and services to which the student has access the school district or public charter school shall annually:

(A) Provide the following information in writing to the adult student, parent or guardian of the student:

(i) The school district’s or public charter school’s duty to comply with the requirements to provide the total number of hours of instruction and services to the student; and

(ii) The prohibition against a school district’s or public charter school’s unilaterally decreasing the total number of hours of instruction and services to which the student has access.

(B) Obtain a signed acknowledgment from the adult student, parent or guardian of the student that the adult student, parent or guardian received the information.

(C) Include in the IEP for the student a written statement that explains the reasons the student is not accessing the total number of hours of instruction and services to which the student has access.

(g) Transition services and other services designed to meet the unique needs of the student may be provided to the student through an interagency agreement entered into by the school district if the individualized education program developed for the student indicates that the services may be provided by another agency. The school district or public charter school retains the responsibility for ensuring that the student has access to the number of service hours required to be provided to the student.

(h) An agency is not required to change any eligibility criteria or enrollment standards prior to entering into an interagency agreement with the school district.

(i) School districts and public charter schools shall ensure that students have on-site access to the appropriate resources to achieve a modified diploma at each high school in the school district or at the public charter school.

(15)(a) The unit of credit requirements in section (5) of this rule for a modified diploma apply to all students who enter 9th grade on or after July 1, 2007.

(b) If a student entered 9th grade prior to July 1, 2007, the student’s team shall decide whether the student must meet the unit of credit requirements in section (5) of this rule to receive a modified diploma or the unit of credit requirements specified by the school district or public charter school for a modified diploma when the student entered 9th grade. If a student’s team decides that a student may receive a modified diploma by meeting the unit of credit requirements required by the district or school when the student entered 9th grade, a school district or public charter school may award a student who entered 9th grade prior to July 1, 2007 a modified diploma if the student meets the unit of credit requirements for a modified diploma specified by the district or school when the student entered 9th grade.

Stat. Auth.: ORS 329.451
Stats. Implemented: ORS 329.451
Hist.: ODE 15-2008, f. & cert. ef. 5-23-08; ODE 22-2009, f. & cert. ef. 12-10-09; ODE 4-2012, f. 2-1-12, cert. ef. 2-3-12


 

Rule Caption: Modifies alternative certificate requirements related to transition services and consent, implementing HB 2283 (2011).

Adm. Order No.: ODE 5-2012

Filed with Sec. of State: 2-1-2012

Certified to be Effective: 2-3-12

Notice Publication Date: 10-1-2011

Rules Amended: 581-022-1135

Subject: Modifies rule relating to alternative certificates awarded by school districts and schools to students, implementing HB 2283 (2011).

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-022-1135

Alternative Certificate

(1) Definitions.

(a) “Other services” for the purposes of this rule means:

(A) Those services paid for or provided by another agency, such as Vocational Rehabilitation or Brokerages, which may be considered in the calculation of the total number of hours that equals at least the total number of instructional hours that is required to be provided to students who are attending public high school. These “other services” are not to be considered educational services and are not provided by or through the school district or public charter school.

(B) Those services identified in OAR 581-022-1620(4), such as school assemblies, student orientations, testing, etc, which may be considered in the calculation of the total number of hours that equals at least the total number of instructional hours that is required to be provided to students who are attending public high school. These services are provided by the school district or public charter school.

(2) A School district or public charter school shall award an alternative certificate to a student who does not satisfy the requirements for a high school diploma, a modified diploma or an extended diploma.

(3)(a) Each district school board or public charter school governing board with jurisdiction over high school programs shall define criteria for an alternative certificate and shall award an alternative certificate to those students who have met the criteria requirements as described in district school board policies.

(4) A student shall have the opportunity to meet the requirements of an alternative certificate by the later of:

(a) Four years after starting grade nine; or

(b) The student reaching the age of 21 years, if the student is entitled to a public education until the age of 21 years under state or federal law.

(c) A student may complete the requirements for an alternative certificate in less than four years if the parent/guardian or adult student gives consent.

(A) The consent must be written and must clearly state that the parent/guardian or adult student is waiving the 4 years to complete the requirements for an alternative certificate.

(B) A copy of all consents must be sent to the district superintendent.

(C) Each school district must annually provide the number of consents obtained to the State Superintendent of Public Instruction

(D) The consent may not be used to allow a student to satisfy the requirements for an alternative certificate in less than three years.

(5) A school district or public charter school shall:

(a) Ensure that students have on-site access to the appropriate resources to achieve an alternative certificate at each high school in the school district or at the public charter school.

(b) Beginning grade five, annually provide information to the parents or guardians of a student taking an alternate assessment of the availability of an alternative certificate and the requirements for the certificate.

(6) Each student receiving an alternative certificate shall have the option of participating in the high school graduation ceremony with the members of their class receiving a high school diploma.

(7)(a) A student who receives an alternative certificate shall have access to instructional hours, hours of transition services and hours of other services that are designed to meet the unique needs of the student.

(b) When added together, the school district or public charter school will provide a total number of hours of instruction and services to the student that equals at least the total number of instructional hours that is required to be provided to students who are attending a public high school.

(c) The total number of hours that are appropriate for a student shall be determined by the individualized education program (IEP) team if the student is eligible for special education.

(d) Based on the student’s needs and performance level, the student’s IEP team may decide that the student will not access the total number of hours of instruction and services required to be provided to students who are attending a public high school.

(e) The school district or public charter school may not unilaterally decrease the total number of hours of instruction and services to which the student has access regardless of the age of the student.

(f) If a student’s IEP team, decides that the student will not access the total number of hours of instruction and services to which the student has access the school district or public charter school shall annually:

(A) Provide the following information in writing to the adult student parent or guardian of the student:

(i) The school district’s or public charter school’s duty to comply with the requirements to provide the total number of hours of instruction and services to the student; and

(ii) The prohibition against a school district’s or public charter school’s unilaterally decreasing the total number of hours of instruction and services to which the student has access.

(B) Obtain a signed acknowledgment from the adult student, parent or guardian of the student that the adult student, parent or guardian received the information.

(C) Include in the IEP for the student a written statement that explains the reasons the student is not accessing the total number of hours of instruction and services to which the student has access.

(g) Transition services or other services designed to meet the unique needs of the student may be provided to the student through an interagency agreement entered into by the school district if the individualized education program developed for the student indicates that the services may be provided by another agency. The school district or public charter school retains the responsibility for ensuring that the student has access to the number of service hours required to be provided to the student.

(h) An agency is not required to change any eligibility criteria or enrollment standards prior to entering into an interagency agreement with the school district.

Stat. Auth.: ORS 329.451
Stats. Implemented: ORS 329.451
Hist.: ODE 15-2008, f. & cert. ef. 5-23-08; ODE 23-2009, f. & cert. ef. 12-10-09; ODE 5-2012, f. 2-1-12, cert. ef. 2-3-12


 

Rule Caption: Private School Registration.

Adm. Order No.: ODE 6-2012

Filed with Sec. of State: 2-1-2012

Certified to be Effective: 2-3-12

Notice Publication Date: 12-1-2011

Rules Repealed: 581-045-0500, 581-045-0505, 581-045-0510, 581-045-0515, 581-045-0520, 581-045-0522, 581-045-0525, 581-045-0530, 581-045-0535, 581-045-0538, 581-045-0540, 581-045-0545, 581-045-0550, 581-045-0555, 581-045-0560, 581-045-0565, 581-045-0570, 581-045-0580

Subject: Repeal of rules relating to registration of private schools implements SB 26 (2011). Private schools still must follow certain laws such as student records and child abuse reporting policies.

Rules Coordinator: Cindy Hunt—(503) 947-5651


 

Rule Caption: Modifies rule relating to criminal background checks of private school employees, implementing legislation from 2011.

Adm. Order No.: ODE 7-2012

Filed with Sec. of State: 2-1-2012

Certified to be Effective: 2-3-12

Notice Publication Date: 12-1-2011

Rules Amended: 581-045-0586

Subject: Implements legislation which amended list of crimes which prohibit person if committed from becoming school employee.

Rules Coordinator: Cindy Hunt—(503) 947-5651

581-045-0586

Fingerprinting of Subject Individuals Employed by Private Schools in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses

(1) Definitions of terms shall be as follows:

(a) “Subject individual” means:

(A) A person employed by a Private School in a position not requiring licensure under ORS 342.223; and

(B) Any person newly hired as or by a contractor into a position having direct, unsupervised contact with students and not requiring licensure under ORS 342.223.

(b) “Direct, unsupervised contact with students” means contact with students that provides the person opportunity and probability for personal communication or touch when not under direct supervision;

(c) “Fee” means the total charges assessed. Fees shall be paid to the Oregon Department of Education with submission of fingerprint cards and associated form. The fee amount and distribution shall be as follows:

(A) Oregon State Police (OSP) – $28;

(B) Federal Bureau of Investigation (FBI) – $24;

(C) Oregon Department of Education – $10;

(D) TOTAL – $62.

(d) “Information to be required” means all information requested by the Oregon Department of Education for processing the fingerprint application, including the following:

(A) One properly completed FBI fingerprint cards #USGPO 1990-262-201-2000; and

(B) A properly completed Department of Education form #581-2283-M.

(e) “Convictions of crimes prohibiting employment, contract or assignment by a contractor” means, notwithstanding any other statutes or Oregon administrative rule, conviction of a crime listed in ORS 342.143, or making a false statement as to the conviction of a crime;

(f) “Applicant” means a subject individual for whom fingerprint cards and other required information have been submitted to the Oregon Department of Education for a criminal history check and review;

(g) “Knowingly made a false statement” means that a subject individual has failed to disclose a crime on the Department of Education form #581-2283-M as part of the criminal background check process.

(h) “Private School” means a school that:

(A) Offers education in prekindergarten, kindergarten or grades 1 through 12, or any combination of those grade levels; and

(B) Provides instructional programs that are not limited solely to dancing, drama, music, religious or athletic instruction.

(2) A private school may request that Department of Education conduct a criminal records check of a subject individual. Upon receipt of the information, the Department shall request criminal information from the Department of State Police in the manner prescribed by law and may charge the private school a fee not to exceed the actual cost of acquiring and furnishing the information.

(3) The Oregon Department of Education shall review the criminal records of subject individual upon the private school’s submission of the required FBI and state forms and the State Superintendent of Public Instruction or designee shall issue a statement of criminal history status. The Superintendent of Public Instruction or designee shall notify the private school if the subject individual has knowingly made a false statement as to conviction of a crime. A private school may choose to employ or contract with a person who has knowingly made a false statement as to conviction of a crime.

(4) The Oregon Department of Education shall not provide copies of criminal records to anyone except as provided by law. The subject individual may inspect his or her personal criminal records under the supervision of properly certified LEDS (Law Enforcement Data Systems) personnel at the Department of Education.

(5) The Superintendent of Public Instruction or designee shall notify the private school if the subject individual has been convicted of a crime listed in ORS 342.143, or the substantial equivalent of any of those crimes if the conviction occurred in another jurisdiction or in Oregon under a different statutory name or number. A private school may choose to employ or contract with a person who has been convicted of a crime listed in ORS 342.143 or the substantial equivalent. The crimes listed in ORS 342.143 are:

(a) ORS 163.095 – Aggravated Murder;

(b) ORS 163.115 – Murder;

(c) ORS 163.185 – Assault in the First Degree;

(d) ORS 163.235 – Kidnapping in the First Degree;

(e) ORS 163.355 – Rape in the Third Degree;

(f) ORS 163.365 – Rape in the Second Degree;

(g) ORS 163.375 – Rape in the First Degree;

(h) ORS 163.385 – Sodomy in the Third Degree;

(i) ORS 163.395 – Sodomy in the Second Degree;

(j) ORS 163.405 – Sodomy in the First Degree;

(k) ORS 163.408 – Unlawful Sexual Penetration in the Second Degree;

(l) ORS 163.411 – Unlawful Sexual Penetration in the First Degree;

(m) ORS 163.415 – Sexual Abuse in the Third Degree;

(n) ORS 163.425 – Sexual Abuse in the Second Degree;

(o) ORS 163.427 – Sexual Abuse in the First Degree;

(p) ORS 163.432 – Online sexual corruption of a child in the second degree;

(q) ORS 163.433 – Online sexual corruption of a child in the first degree;

(r) ORS 163.435 – Contributing to the Sexual Delinquency of a Minor;

(s) ORS 163.445 – Sexual Misconduct;

(t) ORS 163.465 – Public Indecency;

(u) ORS 163.515 – Bigamy;

(v) ORS 163.525 – Incest;

(w) ORS 163.547 – Child Neglect in the First Degree;

(x) ORS 163.575 – Endangering the Welfare of a Minor;

(y) ORS 163.670 – Using Child in Display of Sexually Explicit Conduct;

(z) ORS 163.675 (1985 Replacement Part) – Sale of Exhibition of Visual Reproduction of Sexual Conduct by Child;

(aa) ORS 163.680 (1993 Edition) – Paying for Viewing Sexual Conduct Involving a Child;

(bb) ORS 163.684 – Encouraging Child Sex Abuse in the First Degree;

(cc) ORS 163.686 – Encouraging Child Sex Abuse in the Second Degree;

(dd) ORS 163.687 – Encouraging Child Sex Abuse in the Third Degree;

(ee) ORS 163.688 – Possession of Materials Depicting Sexually Explicit Conduct of a Child in the First Degree;

(ff) ORS 163.689 – Possession of Materials Depicting Sexually Explicit Conduct of a child in the Second Degree;

(gg) ORS 164.325 – Arson in the First Degree;

(hh) ORS 164.415 – Robbery in the First Degree;

(ii) ORS 166.005 – Treason;

(jj) ORS 166.087 – Abuse of Corpse in the first Degree;

(kk) ORS 167.007 – Prostitution;

(ll) ORS 167.008 – Patronizing a Prostitute;

(mm) ORS 167.012 – Promoting Prostitution;

(nn) ORS 167.017 – Compelling Prostitution;

(oo) ORS 167.057 – Luring a minor;

(pp) ORS 167.062 – Sadomasochistic Abuse or Sexual Conduct in Live Show;

(qq) ORS 167.075 – Exhibiting an Obscene Performance to a Minor;

(rr) ORS 167.080 – Displaying Obscene Materials to Minors;

(ss) ORS 167.090 – Publicly Displaying Nudity or Sex for Advertising Purposes;

(tt) ORS 475.808 – Unlawful manufacture of hydrocodone within 1,000 feet of school;

(uu) ORS.475.810 – Unlawful delivery of hydrocodone;

(vv) ORS 475.812 – Unlawful delivery of hydrocodone within 1,000 feet of school;

(ww) ORS 457.818 – Unlawful manufacture of methadone within 1,000 feet of school;

(xx) ORS 475.820 – Unlawful delivery of methadone; and

(yy) ORS 475.822 – Unlawful delivery of methadone within 1,000 feet of school.

(zz) ORS 475.828 – Unlawful manufacture of oxycodone within 1,000 feet of school;

(aaa) ORS 475.830 – Unlawful delivery of oxycodone;

(bbb) ORS 475.832 – Unlawful delivery of oxycodone within 1,000 feet of school;

(ccc) ORS 475.848 – Unlawful manufacture of heroin within 1,000 feet of school;

(ddd) ORS 475.852 – Unlawful delivery of heroin within 1,000 feet of school;

(eee) ORS 475.858 – Unlawful manufacture of marijuana within 1,000 feet of school;

(fff) ORS 475.860 – Unlawful delivery of marijuana;

(ggg) ORS 475.862 – Unlawful delivery of marijuana within 1,000 feet of school;

(hhh) ORS 475.864 – Unlawful possession of marijuana;

(iii) ORS 475.868 – Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school;

(jjj) ORS 475.872 – Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school;

(kkk) ORS 475.878 – Unlawful manufacture of cocaine within 1,000 feet of school;

(lll) ORS 475.880 – Unlawful delivery of cocaine;

(mmm) ORS 475.888 – Unlawful manufacture of methamphetamine within 1,000 feet of school;

(nnn) ORS 475.890 – Unlawful delivery of methamphetamine;

(ooo) ORS 475.892 – Unlawful delivery of methamphetamine within 1,000 feet of school;

(ppp) ORS 475.904 – Unlawful manufacture or delivery of controlled substance within 1,000 feet of school;

(qqq) ORS 475.906 – Penalties for distribution to minors.

(6) Only cards and forms approved by the Department of Education will be accepted. The Department of Education will return any incomplete or incorrectly completed fingerprint cards and associated forms without taking any other action. The Department of Education will return fingerprint cards and associated forms without appropriate fees without taking any other action.

(7) The Department of Education shall maintain a record of all properly submitted fingerprint cards. The record shall include at least the following:

(a) Card sequence number;

(b) Name of Private School submitting the cards;

(c) Date cards and Department form received;

(d) Date incomplete card returned to the school (only if applicable);

(e) Date completed card sent to Oregon State Police;

(f) Date private school was notified of state police record or lack of record;

(g) Date FBI card returned to Department;

(h) Date private school was notified of FBI record or lack of record.

Stat. Auth.: ORS 326.603
Stats. Implemented: ORS 326.603
Hist.: EB 16-1997, f. & cert. ef. 12-29-97; ODE 29-1999, f. 12-13-99, cert. ef. 12-14-99; ODE 13-2003(Temp), f. & cert. ef. 7-1-03 thru 12-15-03; Administrative correction 8-2-04; ODE 9-2006, f. & cert. ef. 2-21-06; Renumbered from 581-022-1732, ODE 25-2008, f. & cert. ef. 9-26-08; ODE 27-2009, f. & cert. ef. 12-10-09; ODE 7-2012, f. 2-1-12, cert. ef. 2-3-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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