Oregon Administrative Code

581-053-0160 Core Instructor Certificate (1) The Oregon Department of Education shall issue a Core Instructor Certificate to an individual who has completed the Core and Advanced Instructor Workshop with a score of 80% or greater. (2) The Core Instructor Certificate authorizes an…

581-053-0170 Core Refresher Instructor Certificate (1) The Oregon Department of Education shall issue a Core Refresher Instructor Certificate to an individual who has: (a) A valid Core Instructor Certificate; and (b) Completed the Core Refresher Instructor Workshop with a score o…

581-053-0180 Transporting Students with Special Needs Instructor Certificate (1) The Oregon Department of Education shall issue a Transporting Students with Special Needs Instructor Certificate to an individual who has: (a) A valid Core Instructor Certificate; and (b) Completed t…

581-053-0210 Administrative Requirements Pertaining to School Buses (1) Each school board shall adopt and implement a written transportation policy regarding student conduct and discipline that conforms to ORS 339.250 Duty of student to comply with rules; discipline, suspension, …

581-053-0220 School Bus Driver’s Permit and Certificate (1) No person shall transport pupils in a school bus or a vehicle that has a capacity of more than 20 passengers and not subject to regulations promulgated by the Oregon Department of Transportation or U.S. Department of Tra…

581-053-0225 Approved Training for School Bus Drivers (1) Training taught from material published by the Oregon Department of Education shall count towards a school bus driver’s average training hours when taught by a certified instructor within the scope of their certificate. (2…

581-053-0230 Rules Pertaining to School Bus Drivers (1) The driver shall report as soon as possible to the proper official any deficiency or malfunction of any equipment or component of the vehicle. (2) The driver shall not transport students unless the vehicle is safe to operate…

581-053-0240 Minimum Standards for School Buses (1) Air Cleaner: (a) The engine intake air cleaner shall be furnished and properly installed by the chassis manufacturer to meet engine specifications; (b) All Type C and Type D buses equipped with diesel engines shall have an air c…

581-053-0250 Retrofit Standards for Oregon School Buses In addition to meeting the minimum standards in effect at the time of purchase, all school buses in use by a pupil transportation entity shall meet the following additional requirements: (1) Body Fluid Kits: All school buses…

581-053-0310 Administrative Requirements Pertaining to Type 10 School Activity Vehicles (1) Type 10 vehicles may be used for transportation from home to school, school to home, and to and from authorized school activities. (2) Each transportation entity that operates type 10 scho…

581-053-0320 Type 10 Driver Training and Approval Oregon Department of Education shall approve a type 10 driver who: (1) Is at least 18 years of age; (2) Possesses a valid driver license or commercial driver license; (3) Is not disqualified based on driving or criminal record as …

581-053-0330 Rules Pertaining to Type 10 Drivers (1) A type 10 driver shall: (a) Receive specialized training designed for special education transportation prior to transporting students with disabilities. (b) Submit written reports of accidents involving the type 10 vehicle to O…

581-053-0340 Minimum Standards for Type 10 School Activity Vehicles (1) Vehicle certification tag shall not indicate that the vehicle is a ‘Bus’. (2) Vehicle construction shall be according to manufacturers' standard for all vehicles having a capacity of ten or fewer persons incl…

581-053-0410 Transportation Entity Requirements for Type 20 School Activity Vehicle Operation (1) Type 20 activity vehicles shall not be used for home to school transportation, in accordance with the definition in Code of Federal Regulations Title 49, Subtitle B, Chapter V, Part …

581-053-0420 Type 20 Training and Certification (1) No person shall transport pupils in a type 20 vehicle, unless such person has completed all requirements for a Type 20 Certificate and meets the standards established by the Oregon Department of Education for type 20 activity dr…

581-053-0430 Rules Pertaining to Type 20 Drivers A type 20 driver shall: (1) Submit written reports of accidents involving the type 20 vehicle to ODE. (2) Report to his/her employer(s) within 15 days: (a) Any conviction for driving or criminal offenses specified in OAR 581-053-00…

581-053-0440 Minimum Standards for Purpose Built Type 20 Vehicles Type 20 school activity vehicles shall meet all minimum standards for a type A-1 school bus as listed in OAR 581-053-0240 and retrofit standards applicable to a type A-1 school bus as listed in 581-053-0250, with t…

581-053-0445 Use of a School Bus as a Type 20 Vehicle (1) When a school bus is temporally used as a type 20 vehicle: (a) The words “School Bus” shall not be displayed; (b) The bus safety light shall be covered to prevent display after accidental activation; (c) The school bus sto…

581-053-0511 District Requirements for Type 21 School Activity Vehicle Operation (1) Type 21 activity vehicles shall not be used for home to school transportation, in accordance with the definition in Code of Federal Regulations Title 49, Subtitle B, Chapter V, Part 571, Subpart …

581-053-0521 Type 21 Driver Training and Certification (1) No person shall transport pupils in a type 21 activity vehicle unless such person has completed all requirements for a School Bus Permit or Certificate as outlined in OAR 581-053-0220, except that a restricted “Type 21 On…

581-053-0531 Rules Pertaining to Type 21 Drivers A type 21 driver shall: (1) Submit written reports of accidents involving the type 21 vehicle to ODE. (2) Report to his/her employer(s) within 15 days: (a) Any conviction for driving or criminal offenses specified in OAR 581-053-00…

581-053-0540 Minimum Standards for Type 21 Vehicles Type 21 school activity vehicles shall meet all minimum standards for a school bus as listed in OAR 581-053-0240 and retrofit standards applicable to school buses as listed in 581-053-0250, with the following modifications.Type …

581-053-0610 District Requirements for use of a Special Pupil Activity Bus (1) A transportation entity may only use school buses, activity vehicles and Special Pupil Activity Buses (SPABs) to provide transportation for students for school activity trips. A transportation entity m…

581-053-0615 Special Pupil Activity Bus (SPAB) Motor Carrier Requirements (1) Providers of SPAB services to Oregon Transportation Entities must receive a Certificate of Carrier Approval from ODE. (2) ODE shall issue a Certificate of Carrier Approval to a provider of SPAB services…

581-053-0620 SPAB Driver Training and Certification (1) A person may not transport pupils in a SPAB unless the person has completed all requirements for a SPAB Certificate and meets the standards established by ODE for issuance of certificates or holds a valid School Bus Certific…

581-053-0630 Rules Pertaining to SPAB Drivers (1) Safety Instructions: (a) Prior to departure the driver shall instruct passengers on the operation and location of all emergency exits; (b) Driver shall instruct students to: (A) Keep hand and head inside the vehicle at all times; …

581-053-0640 Minimum Standards for Special Pupil Activity Buses (1) SPAB equipment requirements: (a) Emergency exits shall be labeled with instructions to meet FMVSS 217. (b) Shall have roof hatches that meet FMVSS 217. (c) Shall have reflective “conspicuity marking” on the rear …

581-053-0650 Minimum Standards for All-Electric School Buses An all-electric vehicle school bus shall meet all minimum standards for the applicable type of school bus as listed in OAR 581-053-0240 and all retrofit standards as listed in 581-053-0250 with the following modificatio…

581-054-0001 Definitions (1) ADMr means average daily membership, as defined and calculated by ORS 327.006(3). (2) ADMw means extended weighted average daily membership as calculated in ORS 327.013. Statutory/Other Authority: Sec. 2, Ch. 62, OL 2018 Statutes/Other Implemented: Se…

581-054-0004 Establishment (1) There is established the School Transportation Grant. (2) The starting date of eligible transportation costs for this grant program shall be July 1, 2018. (3) The School Transportation Grant is established as a reimbursement grant. Funding will be r…

581-054-0008 Eligibility (1) School districts are eligible for School Transportation grants. (2) A school district may receive an award only for the following eligible transportation costs: (a) For which the school district does not receive any amount in distributions from the St…

581-054-0012 Application Process (1) The Oregon Department of Education shall award all available moneys available for the School Transportation grants each year. (a) The Department shall notify eligible applicants of the application process and due dates, and make available nece…

581-054-0013 Funding Priority (1) The Oregon Department of Education shall prioritize school districts as follows: (a) The Department shall divide the approved transportation costs, as defined by OAR 581-023-0040, by the district’s ADMr; (b) The districts shall be ranked based on…

581-054-0016 Funding (1) Subject to the total amount of grants applied for by eligible school districts, the amount of each grant for a school district shall equal the school district’s ADMw × (the total amount available for distribution to school districts as grants in each fisc…

581-055-0001 Sexual Conduct Investigations and Abuse Notifications: Definitions For purposes of OAR 581-055-0001 to OAR 581-055-0014: (1) “Agent” has the meaning given that term in ORS 339.370. (2) “Commission licensee” has the meaning given that term in ORS 339.370. (3) Contract…

581-055-0002 Purpose and Scope ODE receives reports of possible sexual conduct and screens them to determine the response required under ORS 339.391. The purpose of OAR 581-055-0001 to 581-055-00014 is to describe: (1) The circumstances under which ODE is responsible to respond t…

581-055-0003 Screening (1) When ODE receives a report of possible sexual conduct, ODE shall conduct screening activities to determine whether the report constitutes a report of suspected sexual conduct for which ODE has responsibility to investigate or a report of confirmed sexua…

581-055-0004 Sexual Conduct Investigations (1) When ODE initiates an investigation into a report of suspected sexual conduct, ODE shall send notice of the investigation to: (a) The education provider for which the respondent was working, acting, or performing services when the al…

581-055-0006 Exceptions to Completing an Investigation (1) During the course of an investigation, ODE may determine that the report does not require a final determination under the following circumstances: (a) The report was assigned for investigation in error; or (b) ODE receive…

581-055-0007 Sexual Conduct Final Determinations (1) Except as provided in OAR 581-055-0006, a final determination must be made for all reports of suspected sexual conduct that are determined to require an investigation under OAR 581-055-0003. (2) Following an investigation condu…

581-055-0009 Notices Related to Final Determinations (1) ODE shall provide written notice of the final determination to: (a) The student, the student’s parent or legal guardian, or both the student and the student’s parent or legal guardian; and (b) The respondent if the report c…

581-055-0011 Appeal of a Substantiated Final Determination (1) After issuing a substantiated final determination under OAR 581-055-0007, ODE shall send to the respondent notice of substantiated determination that describes a right to a contested case hearing under OAR 137-003-050…

581-055-0012 Verification System (1) When ODE initiates an investigation based on a report of suspected sexual conduct, ODE shall enter the respondent’s name into a verification system to indicate that the person has an open investigation of suspected sexual conduct. (2) A respon…

581-055-0014 Confidentiality of Documents, Materials, and Reports (1) Except as provided in subsection (2) of this rule, documents, materials, and reports related to screenings, investigations, and determinations conducted pursuant to OAR 581-055-0001 to 581-055-0014 are confiden…

581-075-0001 Definitions for Appeals Processes For purposes of OAR 581-075-0001 to OAR 581-075-0045: (1) “Complaint” includes any written report of wrongdoing or written grievance that a complainant emails, mails, or otherwise communicates to a district or district staff member, …

581-075-0005 Scope of Discrimination, Restraint and Seclusion, and Retaliation Appeals Processes OAR 581-075-0001 to OAR 581-075-0045 apply to appeals of complaints alleging: (1) A violation of ORS 339.285 to 339.303 or OAR 581-021-0550 to 581-021-0570 (Restraint and Seclusion); …

581-075-0010 Acceptance of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation (1) A complainant may appeal a complaint filed with a district to the Oregon Department of Education if the appeal meets the criteria set forth in this rule. (2) The appeal must be …

581-075-0015 Notice of Acceptance or Denial of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation (1) Upon receipt of a request to appeal a complaint under OAR 581-075-0010, the Oregon Department of Education will determine whether the appeal satisfies the re…

581-075-0020 District Response to Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation (1) Not later than 30 calendar days after the date on which the Oregon Department of Education gave notice that it is accepting an appeal under OAR 581-075-0015, the district…

581-075-0024 Investigation of and Final Order for Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation (1) After receiving the written response pursuant to OAR 581-075-0020, the Oregon Department of Education will conduct an investigation to determine whether t…