Oregon Administrative Code

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…

581-075-0030 Compliance with Corrective Action for Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation (1) A district must complete any corrective action ordered by the Oregon Department of Education under OAR 581-075-0024 in a time and manner ordered by the d…

581-075-0040 Early Resolution of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation by Taking Corrective Action (1) On any date preceding the date on which the Oregon Department of Education issues a final order or notice of compliance under OAR 581-075-0024,…

581-075-0045 Early Resolution of Appeal Alleging Discrimination, Restraint and Seclusion, or Retaliation through Settlement (1) On any date preceding the date on which the Oregon Department of Education issues a final order or notice of compliance under OAR 581-075-0024, the comp…

581-075-0050 Judicial Review and Reconsideration of Appeals Alleging Discrimination, Restraint and Seclusion, or Retaliation (1) Pursuant to ORS 183.484 and OAR 137-004-0080, a party may request reconsideration of a final order or notice of compliance issued by the Oregon Departm…

581-075-0200 Investigations of Potential Violations of Division 22 Standards (1) For purposes of OAR 581-075-0205 and this rule: (a) “Department” means the Oregon Department of Education. (b) “District” means a school district, education service district, public charter school, o…

581-075-0205 Appeals of Potential Violations of Division 22 Standards (1) The department will investigate a potential violation of a rule codified in Oregon Administrative Rules Chapter 581, Division 22, if a complainant files an appeal of a complaint initially filed with a distr…

581-075-0210 Judicial Review and Reconsideration of Orders Related to Division 22 Standards (1) Pursuant to ORS 183.484 and OAR 137-004-0080, a party may request reconsideration of a final order or notice of compliance issued by the Oregon Department of Education under OAR 581-07…

582-001-0010 Definitions for Chapter 582 The following definitions apply to each division in chapter 582 of the Oregon Administrative Rules unless otherwise indicated: (1) "Act" means Public Law No: 113-128, Title IV-Amendments to the Rehabilitation Act of 1973. (2) "Applicant" m…

582-010-0005 Statement of Policy (1) Clients of OVRS should receive community rehabilitation services from a broad range of providers of varied sizes and types, offering a wide scope of services. Availability of all types of community rehabilitation services is essential to estab…

582-010-0010 Definitions For the purposes of chapter 582, division 10 of the Oregon Administrative Rules, the following definitions apply: (1) "Accreditation" is the term signifying that a community rehabilitation program meets standards of performance set by an organization or m…

582-010-0015 Recognized Accreditation Methodologies for Providers of Community Rehabilitation Services When viewed in combination with applicable State Standards in these rules, OVRS recognizes the following accreditation options: (1) Accreditation by the Commission on Accreditat…

582-010-0020 Approval Policy for All Providers of Community Rehabilitation Services (1) Approval Required: No person or public or private organization shall, on behalf of OVRS, provide vocational rehabilitation services and receive vocational rehabilitation fees without first sub…

582-010-0021 Approval Policy for Category A Providers (1) Category A providers of community rehabilitation services are those providers exclusively paid by OVRS to provide the following listed services: (a) Medical, psychiatric, psychological, social, and vocational services that…

582-010-0022 Approval Policy for Category B Providers (1) Except as provided at OAR 582-010-0022(2), Category B providers of community rehabilitation services are those providers paid by OVRS to provide the following listed services: (a) Assessment for determining eligibility and…

582-010-0025 State Standards for Vendor Approval for Providers of Community Rehabilitation Services In addition to the vendor approval requirements of OAR 582-080, OVRS adopts the following State Standards as required assurances that services to individuals with disabilities are …

582-010-0030 Termination or Denial of Approval or Interim Approval (1) The decision to deny or terminate "Approval” or “Interim Approval" shall be made in writing by OVRS. This notice shall contain the reason, the effective date, any requirements for reinstatement if applicable, …

582-020-0005 Dispute Resolution, General (1) It is the intent of the Program to resolve disputes between the Program and its clients quickly and fairly. (2) Clients who are dissatisfied or disagree with a decision by Program personnel that affects the provision of vocational reha…

582-020-0010 Definitions (1) "Action" means a decision by the Program to deny, terminate, suspend, or reduce a client's eligibility or services. Action may include the Program's delay in making a decision to deny, terminate, suspend, or reduce a client's eligibility or services. …

582-020-0015 Problem Solving (1) A client may request that their Program counselor engage in problem-solving with the client to resolve a dispute regarding the client's vocational rehabilitation services. A Notice of Proposed Action is not required for the client to request probl…

582-020-0020 Notice of Dispute Resolution Rights (1) The Program shall provide a written Notice of Vocational Rehabilitation Dispute Resolution Rights (DHS 2872) to the client or, if appropriate, the client's representative: (a) At the time the client applies for vocational rehab…

582-020-0025 Notice of Action and Notice of Procedural Rights The Notice of Proposed Action must include the following: (1) The date the Notice of Proposed Action is mailed; (2) A short and plain statement about the action the Program intends to take, including citations to the r…

582-020-0030 Informal Dispute Resolution (1) When the client submits a request for mediation or a hearing, the parties may also request informal dispute resolution before the mediation or the hearing proceeds. A client does not need to request informal dispute resolution in order…

582-020-0035 Mediation and Hearing Requests (1) A client who is dissatisfied with a Program action may request mediation, a hearing, or both. The client may also simultaneously request informal dispute resolution. (2) The client shall use the Program-approved Mediation and Hearin…