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Oregon Bulletin

September 1, 2012

Oregon Department of Education, Chapter 581

Rule Caption: Rule Amendments and Adoptions relating to the Implementation of Federal IDEA, parts B & C.

Adm. Order No.: ODE 20-2012

Filed with Sec. of State: 8-1-2012

Certified to be Effective: 8-1-12

Notice Publication Date: 12-1-2011

Rules Amended: 581-015-2700, 581-015-2780

Subject: Federal regulations relating to the Individual with Disabilities Act (IDEA), Part B and C were revised. These rule changes are needed to ensure the Oregon remains in compliance with federal law and continues to receive federal funding relating to the IDEA. Previously amendments to these rules were filed on March 30, 2012. This filing did not accurately reflect the amendments adopted by the State Board of Education. This new corrected filing reflects the amendments adopted by the board to these two rules. Specifically language in 581-015-2700(12) and 581-015-2780(3)(b) has been corrected.

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

581-015-2700

Definitions — EI/ECSE Program

For the purposes of OAR 581-015-2700 to 581-015-2910, the definitions in this rule and 581-015-2000 apply.

(1) “Assessment” means the ongoing procedures used by appropriate qualified personnel to identify the child’s unique strengths and needs throughout the period of the child’s eligibility. For EI this includes, the initial assessment of the child and family prior to the first IFSP meeting.

(2) “Communication” means receptive or expressive language development.

(3) “Contractor” means the agency designated by the Department to administer the provision of EI and ECSE within selected service areas.

(4) “Department” means the Oregon Department of Education.

(5) “Designated referral and evaluation agency” means the agency in each county designated to be the referral point for parents and others who suspect that a child may need early intervention or early childhood special education, and to be responsible for assuring that all referred children suspected of having a disability receive evaluation for potential eligibility for early intervention and early childhood special education.

(6) “Early childhood special education (ECSE)” means free, specially designed instruction to meet the unique needs of a preschool child with a disability, three years of age until the age of eligibility for public school, including instruction in physical education, speech-language services, travel training, and orientation and mobility services. Instruction is provided in any of the following settings: home, hospitals, institutions, special schools, classrooms and community childcare or preschool settings, or both.

(7) “Early intervention and early childhood special education assistants” means individuals who implement program activities under the direct supervision of the professional personnel.

(8) “Early intervention and early childhood special education specialists” means professionals who implement or coordinate the implementation of individualized family service plans.

(9) “Early intervention (EI)” means services for preschool children with disabilities from birth until three years of age, including Indian children and children who are homeless and their families, these services are:

(a) Based on scientifically-based research, as defined in OAR 581-015-2000, to the extent practicable;

(b) Designed to meet the child’s developmental needs and the needs of the family related to enhancing the child’s development as identified by the IFSP team, in any one or more of the following areas: physical development; cognitive development; communication development; social or emotional development; or adaptive development;

(c) Selected in collaboration with the parents;

(d) Provided:

(A) Under public supervision;

(B) By personnel qualified in accordance with criteria established by rules of the State Board of Education; and

(C) In conformity with an individualized family service plan;

(e) At no cost to parents;

(f) Meet all applicable state requirements; and

(g) Include the following types of intervention services ( defined in 303.13(1): family training, counseling, in-home visits; special instruction; speech-language pathology and audiology services, and sign language and cued language services; occupational therapy; physical therapy; psychological services; service coordination; medical services only for diagnostic or evaluation purposes; early identification, screening, and assessment services; health services necessary to enable the child to benefit from other early intervention services; nursing services, nutrition services, social work services; vision services; assistive technology devices and services; and transportation and related costs that are necessary to enable a child and the child’s family to receive another early intervention service.

(10) “Educational records” means those records that are:

(a) Directly related to a student; and

(b) Maintained by a primary contractor or subcontractor.

(11) “Evaluation” means the procedures used by qualified personnel to determine;

(a) A child’s initial eligibility for EI or ECSE services;

(b) A child’s continuing eligibility for EI or ECSE services; and

(12) “Health Services” means services necessary to enable an otherwise eligible child to benefit from the other early intervention services under this part during the time that the child is eligible to receive early intervention services.

(b) The term includes:

(A) Such services as clean intermittent catheterization, tracheotomy care, tube feeding, the changing of Dressings or colostomy collection bags, and other health services; and

(B) Consultation by physicians with other service providers concerning the special health care needs of infants and toddlers with disabilities that will need to be addressed in the course of providing other early intervention services.

(c) The term does not include:

(A) Services that are:

(i) Surgical in nature ;

(ii) Purely medical in nature; or

(iii) Related to the implementation, optimization, maintenance, or placement of a medical device that is surgically implanted.

(I) Nothing in this part limits the right of an infant or toddler with a disability with a surgically implanted device to receive the early intervention services that are identified in the child’s IFSP as being needed to meet the child’s IFSP and developmental outcomes.

(II) Nothing in this part prevents the EI provider from routinely checking that either the hearing aid or the external components of a surgically implanted device of an infant or toddler with a disability are functioning properly;

(B) Devices necessary to control or treat a medical condition; and

(C) Medical-Health services (such as immunizations and regular “well baby” care) that are routinely recommended for all children.

(13)” IFSP Content” means the definition as stated in OAR 581-015-2815 which includes:

(a) “Frequency” which means the number of days or sessions that a service is provided;

(b) “Duration” which means projecting when a given service will no longer be provided (such as when the child is expected to achieve the outcomes in his or her IFSP);

(c) “Intensity” which means whether a service will be provided on an individual basis;

(d) “Method” which means how a service is provided; and

(e) “Location” which means the actual place or places where a service will be provided.

(14) “Independent educational evaluation (IEE)” means an evaluation conducted by a qualified examiner who is not employed by the Department, the contractor, or subcontractor responsible for the child in question.

(15) “Indian “means an individual who is a member of an Indian tribe. “Indian Tribe” means any federal or state Indian tribe, band, rancheria, pueblo, colony, or community, including any native village or regional village corporation

(16) “Individualized family service plan (IFSP)” means a written plan of early childhood special education, related services, early intervention services, and other services developed in accordance with criteria established by the State Board of Education for each child eligible for services under this chapter.

(17) “Informed clinical opinion” means the acquisition and interpretation of multiple sources of information as part of the evaluation and assessment process. This includes evaluation and assessment results, observation reports, previous testing results, medical data, parent reports, and other evaluative information. A review of this information is used in forming a determination regarding current developmental status and the need for EI.

(a) Informed clinical opinion may be used as an independent basis to establish a child’s eligibility under this Section even when other instruments do not establish eligibility.

(b) In no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility.

(18) “Initial Assessment” means the assessment of a child and the family assessment that is conducted prior to the child’s first IFSP meeting.

(19) “Instruction” means providing families with information and skills that support the achievement of the goals and outcomes in the child’s IFSP and working with preschool children with disabilities in one or more of the following developmental areas: communication development, social or emotional development, physical development, including vision and hearing, adaptive development, and cognitive development.

(20) “Lead Agency” means the agency designated by the Governor under Section 635(a)(10) of IDEA and ¦ 303.120 that receives funds under Section 643 of the Act to administer the responsibilities under Part C of the Act.

(21) “Local Education Agency” or LEA

(a) LEA means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, or other political subdivision of the State, or for a combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools

(b) Educational service agencies and other public institutions or agencies. This includes the following:

(A) A regional public multiservice agency-

(i) Authorized by State law to develop, manage, and provide services or programs to LEAs; and

(ii) Recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the State.

(B) Any public institution or agency having administrative control and direction of a public elementary school or secondary school, including public charter school, that is established as an LEA under State law.

(C) Entities that meet the definition of intermediate educational unit or IEU in section 602(23) of IDEA, as in effect prior to June 4, 1997.

(c) BIE funded schools which are funded by the Bureau of Indian Education and not subject to the jurisdiction of the SEA other than the Bureau of Indian Education, but only to the extent that the inclusion makes the school eligible for programs which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the LEA receiving assistance under the Act with the smallest student population,

(22) “Monitoring” means activities carried out by the Department and its contractors which measure the subcontractor’s compliance with state and federal mandates for the provision of EI and ECSE.

(23) “Multidisciplinary” means the involvement of two or more separate disciplines or professions and with respect to-

(a) evaluation of the child and assessments of the child and family, this may include one individual who is qualified in more than one discipline or profession; and

(b) for the IFSP Team this means the involvement of the parent and two or more individuals from separate disciplines or professions and one of these individuals must be the service coordinator.

(24) “Natural environment” means settings that are natural or normal for the child’s age peers who have no disability.

(25) “Other services” means those services that may be provided to preschool children with disabilities and to their families that are not EI or ECSE services and are not paid for with EI or ECSE funds.

(26) “Parent” means:

(a) One or more of the following persons:

(A) A biological or adoptive parent of the child;

(B) A foster parent of the child,

(C) A legal guardian, generally authorized to act as the child’s parent, or authorized to make EI, educational health or developmental decisions for the child ( but not the State if the child is a ward of the State).

(D) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or

(E) A surrogate parent who has been appointed in accordance with OAR 581-015-2320, for school-age children, or 581-015-2760 for preschool children.

(b) Except as provided in subsection (c), if more than one party is qualified under subsection (a) to act as a parent and the biological or adoptive parent is attempting to act as the parent, the biological or adoptive parent is presumed to be the parent unless the biological or adoptive parent does not have legal authority to make EI or educational decisions for the child.

(c) If a judicial decree or order identifies a specific person under subsection (a) to act as the parent of a child or to make educational or EI decisions on behalf of a child, then that person will be the parent for special education purposes, except that if an EIS provider or a public agency provides any services to a child or any family member of that child, that EIS provider or public agency may not act as the parent for that child.

(27) “Parent Training and Information Center” means a center assisted under section 671 or 672 of IDEA

(28) “Periodic review” means a review of the IFSP for a child and the child’s family. An EI or ECSE program or parent may request a review of the IFSP.

(29) “Personally Identifiable Information” means information as identified in the Family Educational Rights and Privacy Act (FERPA) found at 34 CFR 99.3 and OAR 581-015-2000(23), except any reference to a “student” means a “child” in this part and any reference to a “school” means an EIS provider as used in this part.

(30) “Physical development” means gross or fine motor development.

(31) “Preschool child with disabilities” means all children from:

(a) Birth until three years of age, including infants and toddlers who are eligible for EI services under OAR 581-015-2780(3); or

(b) Three years of age to eligibility for public school who are eligible for ECSE services under OAR 581-015-2795.

(32) “Professional Development Plan” means a written document specifying the name of the employee, the position, current qualifications, current deficits, an accounting of steps to be taken to rectify deficits including timelines, persons responsible, and the final date by which the plan will be complete.

(33) “Public agency” or “public agencies” means the lead agency and any other agency or political subdivision of the state.

(34) “Qualified Personnel “means personnel who have met State approved or recognized certification, licensing, registration, or other comparable requirements that apply to the areas in which the individuals are conducting evaluations or assessments or providing early intervention services.

(35) “Related services” includes transportation and such developmental, corrective, and other supportive services, including orientation and mobility services, speech language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation including therapeutic recreation, school health services and school nurse services, counseling, social work services, parent counseling and training, and medical services, as may be required to assist a child with disabilities, three years of age until the age of eligibility for public school, to benefit from special education or early childhood special education and includes early identification and assessment of disabling conditions. Medical services shall be for diagnostic and evaluation purposes only. This definition incorporates the exception for services for children with surgically implanted devices, including cochlear implants, in 34 CFR 300.34(b) and the definitions for individual related services in 34 CFR 300.34(c).

(36) “Related services personnel” means professionals who consult, supervise, train staff, design curriculum, or implement related services.

(37) “Service coordination” means the activities carried out by a service coordinator to assist and enable an eligible child and the child’s family to receive the rights, procedural safeguards and services that are authorized under the state’s EI program and to coordinate access to other services designated on the IFSP.

(38) “Sign Language and cued language services” include teaching sign language, cued language, and auditory/oral language, providing oral translation services (such as amplification), and providing sign and cued language interpretation.

(39) “State Education Agency “or SEA means the State Board of Education or other agency or officer primarily responsible for State supervision of public elementary schools and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law and the term includes the agency that receives funds under IDEA to administer the State’s responsibilities under part B of the Act.

(40) “State Interagency Coordinating Council” (SICC) means a council appointed by the Governor for IDEA Part C purposes in compliance with 34 CFR 303.600-303.605

(41) “Subcontractor” means the agency or agencies selected by the contractor to provide services for EI and ECSE.

(42) “Supervision” means the activities carried out by the Department and its primary contractors to oversee the provision of EI and ECSE services.

(43) “Supervisor” means a professional who supervise and train staff, design curriculum, and administer EI or ECSE programs.

(44) The following words are defined in OAR 581-015-2000:

(a) “Assistive technology device”;

(b) “Assistive technology service”;

(c) “Children with disabilities”;

(d) “Autism”;

(e) “Communication disorder”;

(f) “Deafblindness”;

(g) “Emotional disturbance”;

(h) “Hearing impairment”;

(i) “Intellectual disability”;

(j) “Orthopedic impairment”;

(k) “Other health impairment”;

(l) “Specific learning disability”;

(m) “Traumatic brain injury”;

(n) “Visual impairment”;

(o) “Consent”;

(p) “Day”;

(q) “Department”;

(r) “General curriculum”;

(s) “Health assessment statement”;

(t) “Identification”;

(u) “Individualized education program (IEP)”;

(v) “Mediation”;

(w) “Medical statement”;

(x) “Native language”;

(y) “Participating agency”;

(z) “Personally identifiable information”;

(aa) “Placement”;

(bb) “Private school”;

(cc) “School district”;

(dd) “Short term objectives”;

(ee) “Special education”;

(ff) “Specially designed instruction”;

(gg) “Supplementary aids and services”;

(hh) “Superintendent”;

(ii) “Surrogate parent”;

(jj) “Ward of the state”; and

(kk) “Scientifically Based Research”

Stat. Auth.: ORS 343.475
Stats. Implemented: ORS 343.475, 34 CFR 300.5 - 300.45, 34 CFR 99.3, 34 CFR 303.4-303.37, 34 CFR 303.600-303.605

Hist: EB 23-1992, f. & cert. ef. 6-23-92; EB 4-1995, f. & ef. 1-24-95; ODE 24-2000, f. & cert. ef. 10-16-00; ODE 2-2003, f. & cert. ef. 3-10-03; ODE 1-2004, f. & cert. ef. 1-15-04; Renumbered from 581-015-0900, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12; ODE 20-2012, f. & cert. ef. 8-1-12

581-015-2780

EI Eligibility

(1) Upon completing the administration of tests and other evaluation materials, the designated referral and evaluation agency must determine, through a multidisciplinary team, whether a child is eligible for EI services by following the procedures in this rule.

(2) The multidisciplinary team must include the parents, in accordance with OAR 581-015-2750, and individuals from two or more separate disciplines or professions, including persons who are knowledgeable about the child.

(3) To be eligible for EI services, the child must meet the minimum criteria for subsection (a), (b) or (c), below:

(a) Categorical:

(A) The child meets the minimum criteria for one of the following disability categories in OAR 581-015-2130 through 581-015-2180: autism spectrum disorder, deafblindness, hearing impairment, orthopedic impairment, traumatic brain injury or visual impairment.

(B) If the child meets the disability criteria for a categorical eligibility in subsection (A), the child’s disability does not need to be presently adversely affecting the child’s development for the child to be eligible for EI services.

(b) Medical: The child has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay, as documented by one of the following with the appropriate State Board licensure: a physician, a physician assistant, or a nurse practitioner.

(c) Developmental delay: The child experiences a developmental delay and as a result needs EI services. Developmental delay means two standard deviations or more below the mean in one or more of the following developmental areas, or 1.5 standard deviations below the mean in two or more of the developmental areas:

(A) Cognitive development;

(B) Physical development;

(C) Communication development;

(D) Social or emotional development;

(E) Adaptive development.

(4) The multidisciplinary team must prepare an evaluation report and a written statement of eligibility.

(a) The evaluation report(s) must describe and explain the results of the evaluation conducted.

(b) The written statement of eligibility must include:

(A) A list of the evaluation data considered in determining the child’s eligibility;

(B) A determination of whether the child meets the minimum criteria for EI as described in (3) of this part; and

(C) The signature of each member of the team signifying his or her concurrence or dissent.

(5) For a child who may have disabilities in more than one category, the team need only qualify the child for EI services under one disability category, however:

(a) The child must be evaluated in all areas of development and areas of suspected disability; and

(b) The child’s IFSP must address all of the child’s early intervention needs.

(6) The multidisciplinary team must give the parents a copy of the eligibility statement and evaluation report.

(7) The contractor or subcontractor must notify the child’s resident district upon determination of eligibility for EI services.

(8) A child found eligible under this rule is eligible for regional services if the child meets the criteria under OAR 581-015-2550 for vision impairment, hearing impairment, autism spectrum disorder, severe orthopedic impairment or traumatic brain injury.

Stat. Auth.: ORS 343.513
Stats. Implemented: ORS 343.513, 34 CFR 303.24
Hist.: EB 4-1995, f. & cert. ef. 1-24-95; EB 27-1995, f. & cert. ef. 12-11-95; ODE 24-2000, f. & cert. ef. 10-16-00; ODE 8-2001, f. & cert. ef. 1-29-01; ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-0946, ODE 10-2007, f. & cert. ef. 4-25-07; ODE 14-2012, f. 3-30-12, cert. ef. 4-2-12; ODE 20-2012, f. & cert. ef. 8-1-12


 

Rule Caption: Modifies State Board of Education charter school applicant appeal process.

Adm. Order No.: ODE 21-2012

Filed with Sec. of State: 8-1-2012

Certified to be Effective: 8-1-12

Notice Publication Date: 5-1-2012

Rules Amended: 581-020-0331

Subject: Oregon law requires an applicant for a charter school to first submit the application to a school district. If the school district does not accept an application, the applicant may request sponsorship from the State Board of Education. Prior to changes by 2012 legislature, the State Board was required to mediate between the district and applicant. HB 4014 (2012) eliminated this mediation requirement. The rule amendment conforms the rule to the changes in HB 4014.

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

581-020-0331

Appeal Process

(1) An applicant whose proposal to start a public charter school is not approved may request the State Board of Education review the decision of the school district board.

(2) The State Board of Education delegates to the Superintendent of Public Instruction or designee all administrative functions necessary or reasonable in order to conduct review. This delegation to the Superintendent includes, but is not limited to:

(a) Determining the form, contents and timelines of the petition for review;

(b) Determining the records required for review and ordering the production of those records from either the applicant or school district board and establishing timelines for the production of those records;

(c) Requiring the applicant or school district board to respond to written or oral inquiries related to board review;

(d) Determining the manner, means and content of recommendations if any, to the applicant and school district board regarding revisions to the application;

(e) Determining at any time during the review process to reject a review request if in the judgment of the Superintendent, the applicant fails to reasonably comply with the administrative review processes of the Superintendent; and

(f) Negotiate, if determined by the Superintendent to be appropriate, the terms of a proposed written charter that contains terms consistent with tentative agreements reached with the applicant during the review process.

(3) At the conclusion of the administrative review process the Superintendent shall recommend in writing to the State Board to:

(a) Reject a proposal to start a public charter school if the proposed charter school fails to meet the requirements of ORS 338; or

(b) Sponsor the public charter school upon the terms in the proposal or upon such other terms specified.

(4) The State Board will consider the recommendation of the Superintendent and any other information it deems relevant and determine based on the requirements of ORS 338 to reject the proposal to have the State Board sponsor the public charter school or agree to sponsor the public charter school.

(5) The decision of the State Board rejecting a proposal to sponsor the public charter school will be based on substantial evidence in the record and will be made within 75 days of receipt by the State Board of the Superintendent’s recommendation, unless extended for good cause.

Stat. Auth.: ORS 326.051 & 338.025
Stats. Implemented: ORS 338.075
Hist.: ODE 13-2000, f. & cert. ef. 5-3-00; ODE 10-2002, f. & cert. ef. 4-12-02; ODE 5-2004(Temp), f. & cert. ef. 3-15-04 thru 9-1-04; Administrative Correction 9-28-04; ODE 21-2012, f. & cert. ef. 8-1-12


 

Rule Caption: Modifies requirements for independent adoption by school districts of instructional materials.

Adm. Order No.: ODE 22-2012

Filed with Sec. of State: 8-1-2012

Certified to be Effective: 8-1-12

Notice Publication Date: 6-1-2012

Rules Amended: 581-022-1622

Subject: HB 4014 (2012) amended the law relating to independent adoptions of instructional materials by school districts. Previously, a district was required to file notice of adoption with the State Board of Education. HB 4014 eliminated this requirement as long as the district adopts the materials pursuant to guidelines established by the State Board.

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

581-022-1622

Independent Adoptions of Instructional Materials

Without prior notice to the State Board of Education, the district school board of any school district, with the assistance of teachers and administrators of the district, may adopt independently instructional materials for use in place of or in addition to those adopted by the Board, provided they meet the guidelines and criteria established by the Board. The district school board shall involve parents and citizens in the process. Such district adoptions shall be known as independent adoptions. (2) In order to give proper notification that an independent adoption is being made, the administrative head of the district must provide the district school board, prior to placing the instructional materials into use in the local schools, the following information:

(1) The subject, category, and grade level(s) in which the instructional materials will be used;

(2) The title of the instructional materials;

(3) The publisher of the instructional materials;

(4) The copyright date of the instructional materials;

(5) The date on which the district intends to install the instructional materials for use in the school system; and

(6) A statement that a completed criteria checklist showing the degree to which the instructional materials meet the criteria established by the State Board of Education is on file in the district office. (Criteria checklists for the specific subject/category are available from the Department of Education.)

(7) A statement of assurance that the independently adopted instructional materials will comply with the most current National Instructional Materials Accessibility Standard (NIMAS) specifications regarding accessible instructional materials.

Stat. Auth.: ORS 337.050(2) & 337.141
Stats. Implemented: ORS 337.120 & 337.141
Hist.: 1EB 215, f. 1-29-76, ef. 2-25-76; 1EB 245, f. & ef. 9-23-76; 1EB 19-1982, f. & ef. 11-23-82; EB 2-1991, f. & cert. ef. 2-28-91; EB 21-1991(Temp), f. 10-30-91, cert. ef. 11-1-91; EB 30-1991, f. & cert. ef. 12-18-91; ODE 10-2001, f. & cert. ef. 5-15-01; Renumbered from 581-011-0085, ODE 25-2008, f. & cert. ef. 9-26-08; ODE 3-2009, f. & cert. ef. 6-29-09; ODE 22-2012, f. & cert. ef. 8-1-12


 

Rule Caption: Modifies provisions relating to educator evaluation and support.

Adm. Order No.: ODE 23-2012

Filed with Sec. of State: 8-1-2012

Certified to be Effective: 8-1-12

Notice Publication Date: 6-1-2012

Rules Amended: 581-022-1723, 581-022-1725

Subject: SB 290 (2011) directed the State Board to adopt teacher and administrator standards for school districts to use. The rules also specify that the standards must be used by districts in evaluation. The rules modify requirements for local evaluation systems. The rules also further define multiple measures for measuring teacher and administrator effectiveness.

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

581-022-1723

Teacher and Administrator Evaluation and Support

(1) A school district board shall include the core teaching standards and administrator standards adopted by the State Board for all evaluations of teachers and administrators of the school district occurring on or after July 1, 2013. The standards shall be customized based on the collaborative efforts of the teachers and administrators of the school district and the exclusive bargaining representative of the employees of the school district.

(2) The core teaching standards and administrator standards must:

(a) Take into consideration multiple measures of teacher and administrator effectiveness that encompass a range of appropriate teaching and administrative behaviors that use multiple evaluation methods that use multiple measures to evaluate teacher and administrator performance which may include, but are not limited to:

(A) Student performance;

(B) Student assessments;

(C) Classroom-based assessments including observations, lesson plans and assignments;

(D) Portfolios of evidence;

(E) Supervisor reports; and

(F) Self-reflections and assessments.

(b) Take into consideration evidence of student academic growth and learning based on multiple measures of student progress, including performance data of students, schools, and school districts;

(c) Be research-based;

(d) Be separately developed for teachers and administrators; and

(e) Be customized for each school district, which may include individualized weighting and application of standards.

(3) Evaluations using the core teaching and administrator standards must attempt to:

(a) Strengthen the knowledge, skills, disposition and classroom and administrative practices of teachers and administrators in public schools;

(b) Refine the support, assistance and professional growth opportunities offered to a teacher or an administrator, based on the individual needs of the teacher and administrator and the needs of the students, the school and the school district;

(c) Allow each teacher or administrator to establish a set of classroom or administrative practices and student learning objectives that are based on the individual circumstances of the teacher or administrator, including the classroom or other assignments of the teacher or administrator;

(d) Establish a formative growth process for each teacher and administrator that supports professional learning and collaboration with other teachers and administrators; and

(e) Use evaluation methods and professional development, support and other activities that are based on curricular standards and that are targeted to the needs of each teacher and administrator.

(4) Local evaluation and support systems established by school districts for teachers and administrators must be:

(a) Designed with four performance level ratings of effectiveness as defined in the Oregon Framework for Teacher and Administrator Evaluation and Support Systems;

(b) Based on significant consideration of student learning which may include but is not limited to:

(A) School-wide academic growth, as determined by the statewide assessment system implemented by the Department of Education under ORS 329.485;

(B) Formative and summative assessments; and

(C) For teachers, classroom-level student learning goals set collaboratively between teachers and evaluators.

(5) Local evaluation and support systems established by school districts must evaluate teachers and administrators on a regular cycle.

(6) District superintendents shall regularly report to their governing boards on implementation of their local evaluation and support systems and educator effectiveness.

Stat. Auth: ORS 342.805 - 342.937
Stats. Implemented: 2011 OL Ch. 729 Sec. 2 (Enrolled SB 290)
Hist.: ODE 21-2011, f. & cert. ef. 12-15-11; ODE 23-2012, f. & cert. ef. 8-1-12

581-022-1725

Educational Leadership — Administrator Standards

School districts shall use the educational leadership–administrator standards to evaluate administrator effectiveness outlined in OAR 581-022-1723. These standards align with the Educational Leadership Constituents Council (ELCC) standards for Educational Leadership published at: http://www.ncate.org/Standards/ProgramStandardsandReportForms/tabid/676/Default.aspx#ELCC The knowledge and skill abilities required for each program standard are found within the full document of the standards. These standards are aligned with the Interstate School Leaders Licensure Consortium (ISLLC) published at: http://www.ccsso.org/Documents/2008/Educational_Leadership_Policy_Standards_2008.pdf. The educational leadership-administrator standards are the same standards adopted by the Teacher Standards and Practices Commission (TSPC) for administrator licensure. The standards include:

(1) Visionary Leadership: An educational leader integrates principles of cultural competency and equitable practice and promotes the success of every student by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by stakeholders. [ISLLC Standard 1]

(2) Instructional Improvement: An educational leader integrates principles of cultural competency and equitable practice and promotes the success of every student by sustaining a positive school culture and instructional program conducive to student learning and staff professional growth. [ISLLC Standard 2]

(3) Effective Management: An educational leader integrates principles of cultural competency and equitable practice and promotes the success of every student by ensuring management of the organization, operation, and resources for a safe, efficient, and effective learning environment. [ISLLC Standard 3]

(4) Inclusive Practice: An educational leader integrates principles of cultural competency and equitable practice and promotes the success of every student by collaborating with faculty and community members, responding to diverse community interests and needs, and mobilizing community resources in order to demonstrate and promote ethical standards of democracy, equity, diversity, and excellence, and to promote communication among diverse groups. [ISLLC Standard 4]

(5) Ethical Leadership: An educational leader integrates principles of cultural competency and equitable practice and promotes the success of every student by acting with integrity, fairness, and in an ethical manner. [ISLLC Standard 5]

(6) Socio-Political Context: An educational leader integrates principles of cultural competency and equitable practice and promotes the success of every student by understanding, responding to, and influencing the larger political, social, economic, legal, and cultural context. [ISLLC Standard 6]

Stat. Auth: ORS 342.805 - 342.937
Stats. Implemented: 2011 OL Ch. 729 Sec. 2 (Enrolled SB 290)
Hist.: ODE 21-2011, f. & cert. ef. 12-15-11; ODE 23-2012, f. & cert. ef. 8-1-12

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

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