Oregon Administrative Code

581-044-0250 Grant Advisory Committee (1) The Oregon Department of Education and the Bureau of Labor and Industries shall jointly convene a Grant Advisory Committee to set goals for the grant program, develop grant criteria, review all grant applications and recommend determinati…

581-044-0260 Method of Awarding Competitive Grants (1) Funding awards for Career and Technical Education Revitalization projects shall be approved by the Oregon Department of Education designated project manager, fiscal manager, and the Deputy Superintendent of Public Instruction…

581-045-0584 Definitions As used in OAR 581-045-0584 through 581-045-0587, the following definitions apply: (1)(a) “Conviction” means: (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 …

581-045-0586 Fingerprinting of Subject Individuals Employed by Private Schools in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses (1) A private school may request that the Oregon Department of Education conduct a criminal record…

581-045-0587 Non-employment criminal records checks for private schools (1) Private schools that have volunteers that have direct unsupervised contact with students may have a policy requiring those volunteers to undergo a criminal records check. (2) State criminal records check …

581-051-0100 School Nutrition Programs (1) Authority and direction for the operation of school nutrition programs in Oregon shall be derived from the United States Department of Agriculture, the Oregon Revised Statutes, Oregon Administrative Rules and rules of district school boa…

581-051-0120 Applicability of Appeals Procedure and Administrative Procedures Act (1) The appeal procedures required by this rule and OAR 581-051-0125 apply to appeals of Department of Education decisions within the Child and Adult Care Food Program regarding: (a) A denial of a n…

581-051-0125 Notice and Appeal Procedure for Agency Decisions regarding Child and Adult Care Food Program (1)(a) The Oregon Department of Education shall notify the institution’s executive director and chairperson of the board of directors, and the responsible principals and resp…

581-051-0305 Food Safety Inspection Definitions (1) "Central Kitchen" means a foodservice site where food is prepared at a facility and then some or all of the food is delivered to a meal serving site(s) at a place(s) other than the preparation site. (2) "CNP" means Child Nutriti…

581-051-0306 Food Safety Inspection Requirements (1) Sponsors must have at least two Food Safety Inspections for every kitchen and meal-serving site in their foodservice operation each school year. (2) Vended Meal Sponsors must have at least two Food Safety Inspections for the re…

581-051-0310 Food Safety Inspection Procedures (1) Sponsors are required to contact their state or local public health authority for Food Safety Inspections every school year. (2) Competitive Food Sales vendors are required to contact their state or local public health authority …

581-051-0350 Use of Polystyrene: Definitions The following definitions apply to OAR 581-051-0350 to OAR 581-051-0365. (1) “Department” means the Oregon Department of Education. (2) "Financial hardship" means a situation unique to the school district that would cause significant e…

581-051-0355 Use of Polystyrene: Prohibited Use Beginning in the 2021-2022 school year, all school districts that provide breakfast or lunch are prohibited from providing prepared foods and beverages in products made from polystyrene on school campuses except as provided in OAR 5…

581-051-0360 Use of Polystyrene: Exemptions and Waivers The following are acceptable exemptions and waivers to the prohibited use of polystyrene: (1) Recycling: If a district has developed a method for recycling polystyrene products, then the use is authorized. (2) Previously Pur…

581-051-0365 Use of Polystyrene: Violations Any district found by the Department to have violated rule 581-051-0355 must: (1) Be provided technical assistance by the Department, and (2) Submit a corrective action plan to the Department. Statutory/Other Authority: ORS 336.445 Stat…

581-051-0400 Breakfast Programs This rule outlines the criteria for a waiver from the breakfast program: (1) As used in this rule: (a) "Site" means the school where the children participating in the United States Department of Agriculture (USDA) lunch program are enrolled; (b) "L…

581-051-0500 Purpose of Rules These rules are adopted to assist National School Lunch Program, School Breakfast Program, Child and Adult Care Food Program, Summer Food Service Program, and USDA Donated Food Program Organizations in the development of contracts for Food Service Ma…

581-051-0510 Definitions The following definitions apply to the Rules 581-051-0500 to 581-051-0590. (1) "Competitive Negotiation" means a method of procurement whereby proposals are solicited from a number of sources, proposals are evaluated according to published criteria, and n…

581-051-0520 Scope of Rules These rules apply to the solicitation, award, renewal, and execution of contracts between Sponsors and FSMCs within this State. Statutory/Other Authority: ORS 326.051, 7 CFR 210.21, 7 CFR 210.16, 7 CFR 220.16, 7 CFR 220.7(d), 7 CFR 225.17, 7 CFR 225.15…

581-051-0530 Responsibilities of the Oregon Department of Education (1) The Oregon Department of Education shall receive and disburse federal funds made available by acts of Congress for the assistance of public and private nonprofit organizations, including Districts, as defined…

581-051-0550 Contracts Authorized No Sponsor shall execute a contract or otherwise agree, formally or informally, to purchase food service management services except when all of the following conditions are fulfilled: (1) The contract is in compliance with all applicable laws, ru…

581-051-0555 Contract Renewal The sponsor shall renew its contract with FSMC only if all of the following conditions are satisfied: (1) The original contract allows for annual renewal and the total contract term does not exceed five years, original contract year plus four additio…

581-051-0560 Responsibilities of Sponsors Every Sponsor shall: (1) Hire or retain a FSMC only in accordance with these rules and with federal policy. (2) Includes in its request for proposals the 21-day cycle menu with food specifications. (3) Ensure that food provided by FSMCs i…

581-051-0565 Responsibilities of Food Service Management Companies (1) A FSMC shall sign and perform its duties under a contract for food service management services in accordance with these rules and federal policy. (2) The FSMC shall serve meals substantially as described in th…

581-051-0570 Procurement Procedures Required (1) Sponsors shall procure food service management services in accordance with the requirements of these rules, as well as with 2 CFR 200 subpart D, 7 CFR 210.21, 7 CFR 220.16, 7 CFR 226.22, 7 CFR 225.17, 7 CFR 250.31 and other applica…

581-051-0580 Contract Terms Required (1) Financial terms and payment provisions must be objective and unambiguous, such that two different parties are able to independently calculate the cost or payment and obtain identical results. Administrative and management fees must be item…

581-051-0590 Meal Quality The nutrition standards of Section 210.10, 210.10a, 220.8a, 225.16, and 226.20 of Title 7, Code of Federal Regulations shall apply to all programs under these rules. Statutory/Other Authority: ORS 326.051, 7 CFR 210.21 & 7 CFR part 3015 Statutes/Other Im…

581-051-0600 Breakfast After the Bell Requirement and Exemption Process (1) As used in this section: (a) “Breakfast” means a reimbursable breakfast provided through the federal School Breakfast Program. (b) “Eligible student” means a student who is eligible for free or reduced pr…

581-051-0605 Breakfast After the Bell Equipment Grant (1) As used in this section: (a) “Administrative costs” means all customary and routine expenses incurred by a school district for the conduct of program administration. The term includes, but is not limited to, procurement, p…

581-051-0610 Community Eligibility Provision Incentive Reimbursement Program (1) As used in this section: (a) “Breakfast” means a reimbursable breakfast that is provided through the federal School Breakfast Program. (b) “Community Eligibility Provision” refers to the alternative …

581-051-0615 Expanded Income Eligibility Group Reimbursement Program (1) As used in this section: (a) “Breakfast” means a reimbursable breakfast that is provided through the federal School Breakfast Program. (b) “Community Eligibility Provision” refers to the alternative reimburs…

581-053-0002 Purpose and Applicability (1) The purpose of the rules set forth in this division is to ensure the safety of students while being transported to or from school or authorized school activities by establishing standards for vehicle construction, driver qualifications, …

581-053-0003 Definitions The following terms used in OAR chapter 581, division 53 shall be defined as follows: (1) “Accident” means an occurrence that results in any of the following: (a) An injury requiring medical or dental treatment. (b) Combined vehicle and property damage in…

581-053-0004 General (1) Transportation entities shall provide transportation in compliance with all applicable laws and administrative rules. (2) Transportation entities that contract out all or part of their pupil transportation services are required to ensure that their contra…

581-053-0010 Rules Governing Pupils Riding School Buses and School Activity Vehicles (1) Pupils being transported are under authority of the bus driver. (2) Fighting, wrestling, or boisterous activity is prohibited on the bus. (3) Pupils shall use the emergency exit only in case …

581-053-0012 Waiver (1) Notwithstanding any other provision of Oregon Administrative Rules Chapter 581, subject to subsection (2) of this rule, for purposes of Oregon Administrative Rules Chapter 581, Division 53, the following requirements are waived until January 31, 2021: (a) …

581-053-0021 Minimum Record Retention Requirements (1) Accident reports shall be retained for three years. (2) Annual vehicle inspection shall be retained until the vehicle is sold. (3) Application for school bus driver’s permit or certificate (copy) shall be retained for four ye…

581-053-0031 Driving Hour Limitations (1) A driver of a school bus or school activity vehicle shall comply with one of the following driving hour regulations: (a) Following eight hours free from driving a school bus or school activity vehicle, a driver may drive a school bus or s…

581-053-0040 Physical Examinations (1) An applicant for a school bus driver’s permit or certificate, or renewal of a school bus driver’s certificate must have passed a physical examination approved by the Oregon Department of Education and administered within six months prior to …

581-053-0050 Driving and Criminal Records (1) The Oregon Department of Education shall review the driving record of each applicant for certification or approval as a school bus or school activity driver. Applicants who have held a driver license in a state other than Oregon anyti…

581-053-0060 Refusals, Suspensions, Revocations and Invalid Certificates (1) The Oregon Department of Education shall refuse to issue a certificate or permit to an applicant who does not meet the qualifications for the certificate or permit being sought. Incomplete applications s…

581-053-0070 School Bus and School Activity Vehicle Acquisition, Maintenance and Inspection (1) Upon entry into Oregon, all school buses and school activity vehicles shall conform to the Oregon minimum standards currently in force as they apply to each vehicle and to the Federal …

581-053-0100 Non-Driving Related Certificates — Generally (1) To provide for the proper training of school bus drivers, proper vehicle inspection, and proper application of the rules, ODE has created various non-driving related certificates as outlined in OAR 581-053-0100 through…

581-053-0110 Supervisor Certificate (1) The Oregon Department of Education shall issue a Supervisor Certificate to an individual who has completed the supervisor training workshop. (2) Part of the workshop requirements may be waived for Supervisor Certificate applicants who hold …

581-053-0120 Vehicle Inspector Certificate (1) Any person performing an annual school bus or school activity vehicle inspection and signing the Annual Vehicle Inspection and Maintenance Report form 581-2255-M, or performing repairs on a school bus or school activity vehicle, must…

581-053-0130 Assistant Trainer Certificate (1) The Oregon Department of Education may approve an an individual as an Assistant Trainer who has: (a) One year experience operating a school bus; (b) A current School Bus Driver’s Certificate; (c) Submitted a letter of request that in…

581-053-0135 Reference Point Trainer Certificate (1) The Oregon Department of Education may issue a Reference Point Trainer Certificate to an individual who has: (a) A valid Assistant Trainer Certificate; (b) Submitted an application; and (c) Submitted a completed advanced refere…

581-053-0140 Behind-the-Wheel Trainer Certificate (1) The Oregon Department of Education shall issue a Behind-the-Wheel Trainer Certificate to an individual who has: (a) Two years’ experience operating commercial motor vehicles; (b) One year experience operating a school bus; (c)…

581-053-0145 Behind-the-Wheel Probationary Trainer Certificate (1) The Oregon Department of Education may issue a Behind-the-Wheel Probationary Trainer Certificate to an individual who has: (a) Two years experience operating commercial motor vehicles; (b) One year experience oper…

581-053-0150 Third Party Examiner Training and Support DMV issues Third Party Examiner Certificates to individuals who are supported by the Oregon Department of Education. OAR chapter 735, division 60 mandates ODE, as a Third Party Tester, to ensure that examiners supported by OD…