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Standards for Registration of Private by RKp3Ys

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									                  STATE BOARD OF EDUCATION – ADMINISTRATIVE RULE SUMMARY
Title/OAR #: Standards for Registration of Private Elementary and Secondary Schools
              581-045-0500 to 581-045-0580
Date: May 14-15, 2009
Staff/Office: Karyn Chambers, Phyllis Guile/Educational Improvement and Innovation
  New Rule          Amend Existing Rule        Repeal Rule
Hearing Date: 3/25/09  Hearings Officer Report Attached
Action Requested:
  First Reading/Second Reading                 Adoption               Adoption/Consent Agenda


WHAT THE PROPOSED/AMENDED RULE DOES:
   Updates Private Prek-12 School rules to accurately reflect references to other OARs that have previously
    been revised over the years. The last revisions to these rules were in 1991.
   Sets out rules for the child abuse prevention training required by SB 375 passed in the 2007 legislative
    session.
   Sets forth requirements for voluntary criminal records check of employees.
   Clarifies or revises items already in rule such as teacher and administrator qualifications and transfer of
    records.
   Current rules are unclear as to how often a school must demonstrate that safety and sanitation
    requirements are being met. Revisions would require fire and sanitation inspection reports not more than
    two years old. If the inspecting agency is unable or does not conduct such inspections, allows a letter from
    inspecting agency to be submitted. Clarifies reasons for denial or revocation of registration.

ISSUES RAISED:
   A typographical error needs to be corrected in section 581-045-0500. The due date for initial registrations
    should be March 31, not March 30 as is printed in the draft rules.
   Whether private prek-12 schools should be required to provide evidence of meeting fire safety and
    sanitation requirements at least every two years.
   Draft rules were brought before the Private Prek-12 Advisory Committee at the committee’s meeting on
    January 30, 2008.
   There were two individuals, one representing the Oregon Federation of Independent Schools, who shared
    comments regarding the rule changes. While not all of these comments were received during the open
    comment period, below are the general themes of the comments:

          Updates to the rules are needed.
          The proposed revisions are too regulatory.
          Some of the proposed changes would produce increased administrative time-consuming burdens
           on private schools, especially in the areas of sections 581-045-0525 and 581-045-0530 relating to
           administrator and teacher qualifications.
          Some questions were raised about the Child Abuse Reporting rules in section 581-045-0538. A
           question arose as to the language used relating to (c), the training that is to be made available to
           parents and a comment was made that the training requirements were stricter for private schools
           than public schools, particularly around parent training.
          Regarding 581-045-0522 Criminal Records Check of Employees with direct unsupervised contact
           with students, a concern was raised that current legislation (SB 46), if passed, would allow
           Department of Education to require fingerprints of others employed by the school. SB 46 states,
           “The Department of Education may require the fingerprints….”
          Regarding 581-045-0535 Program of Studies, a request was made to add a reference to 581-022-
           1131 Credit Options.
BACKGROUND:

   Many OARs that are referenced in this section are out-of-date. The references had to
    be made current.
   As the 300 – 400 private schools register each year, it has become apparent that two
    areas are most confusing to the schools: 1) the staff roster and identifying teacher
    and administrator qualifications and 2) the safety and sanitation inspections. Many of
    the revisions in these rules will help to clarify existing rules for school personnel,
    making the requirements clearer and easier to understand.
   Currently, schools need only to provide inspections when they first register or if the
    registration lapses. As schools have lapsed in their registration, they are required to
    submit the inspections. Current language has allowed only the “most current”
    inspection to be submitted. Staff has found that in some cases, schools never had
    inspections completed or that the inspections were 3, 5 or more years old.
   2007 legislation required that rules be written regarding child abuse prevention training.

Board History:
None known at this time.

Statutory Authority:
ORS 345.515 to 345.565

Fiscal Impact:
No fiscal impact.

STAFF RECOMMENDATION:
The Superintendent and ODE staff bring this to you for first reading and approval at the
June 2009 State Board meeting.
Draft
Created by CH on 2/24/09




               Standards for Registration of Private PreK, Kindergarten,
                          Elementary and Secondary Schools



581-045-0500

Registration

Registration is renewable annually on or before October 15. Registration not received by
Department of Education by October 15, shall be considered lapsed and may only be
renewed in the manner required for initial registration. Initial registrations received on or
before March 30 shall be for the current school year. Initial registrations received
after March 30 will be processed for the next school year. Elementary and secondary
private schools shall be any combination of Grades Pre-Kindergarten through 12 for
purposes of registration.

Stat. Auth.: ORS 345.535
Stats. Implemented: ORS 345.515 & ORS 345.525
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91

581-045-0505

Statement of Philosophy

The school shall file with the Department of Education a written statement of its
philosophy. The school goals shall reflect the Goals for Elementary and Secondary
Education in OAR 581-022-1020 with the exception of any goal which is contrary to or
inconsistent with the school's statement of philosophy.

Stat. Auth.: ORS 345.535
Stats. Implemented: ORS 345.525 & ORS 345.535
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91




581-045-0515
Reports

The school shall furnish promptly such reports and information as the Department of
Education requires by rule or other law and shall maintain a file of copies of such reports,
including the school registration, in its own office.

Stat. Auth.: ORS ORS 345.535,
Stats. Implemented: ORS 345.525 & ORS 345.535
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91



581-045-0522 (new OAR)

Criminal Records Check of Employees

A private school registered with the Department of Education, per ORS 326.603, may
require all employees, whether part-time or full-time who have direct, unsupervised
contact with students as determined by the school, to comply with the requirements of
ORS 181.539 involving a state or nationwide criminal records check under ORS
181.534.

Stat. Auth.: ORS 326.603

Stats. Implemented: 326.603

581-045-0525

Administrator Qualifications

(1) The school shall provide information showing that administrators of the school
qualify in any one of the following three ways:

(a) Possess a current administrative certificate or license from any state, (b) Be currently
enrolled in an educational program leading to an administrative certificate or license from
any state..

(c) Possess relevant verifiable experience, other than the above, according to clearly defined
hiring criteria and minimum qualifications for the position which are consistent with the
educational goals of the school and filed with the Department of Education. Annual
registration renewal must include the criteria and minimum qualifications for the
position for any staff member qualifying under this category.

(4) The names of administrators and the manner in which they qualify, under
subsection (1)(a), (b) or (c) of this rule, must be reported on the Staff Roster with each
annual registration.
(5) For administrators qualifying under subsection (1)(c) of this rule, the school must
provide with the annual renewal a description of the minimum hiring criteria and
qualifications for the position.



Stat. Auth.: ORS ORS 345.535
Stats. Implemented: ORS 345.525 & ORS 345.535
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91

581-045-0530

Teacher Qualifications

(1) Private schools shall not knowingly misrepresent to the public the certification, training,
and qualifications of the teaching staff. The teacher must qualify by meeting one of the
following three criteria:

(a) Possess a current teaching certificate or license from any state.(b) Possess a B.S. or
B.A. degree and be teaching at least half time in the subject in which the degree was
awarded , (c) Possess relevant verifiable experience, other than the experience described in
paragraph (a) or (b) of this subsection, that meets the school’s clearly defined hiring
criteria and minimum qualifications for the position. Said hiring criteria and minimum
qualifications shall be consistent with the educational goals of the school and filed with
the Department of Education.

(2) The names of teachers and the manner in which they qualify, under subsection
(1)(a), (b) or (c) of this rule, must be reported on the Staff Roster with each annual
registration.

(5) For staff qualifying under subsection (1)(c) of this rule, the school must provide
with the annual renewal a description of the minimum hiring criteria and
qualifications for the position.Stat. Auth.: ORS 345.535
Stats. Implemented: ORS 345.525 & ORS 345.535
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91




581-045-0535

Program of Studies

(1) The curriculum in Kindergarten through Grade 12 shall be such that it considers the
goals of modern education as defined in OAR 581-022-1020 and the requirements of a
sound, comprehensive curriculum consistent with the philosophy of the school. Particular
emphasis shall be given to establishing the highest practical standards which shall
approximate those standards expected of Oregon's public schools as defined in Oregon
Administrative Rule Division 022 except when the standard is contrary to or inconsistent
with the school's statement of philosophy. Secondary schools shall establish academic
standards necessary for admission to community colleges and institutions of higher
education and issuance of a high school diploma. Appropriate guidelines are found in OAR
581-022- 1130. Courses shall be taught for a period of time equivalent to that required for
students attending public schools as defined in OAR 581-022- 1620 and 581-022-0102 in
the definition of “unit of credit”.

(2) Private schools shall not knowingly misrepresent their accreditation status.

Stat. Auth.: ORS 345.535
Stats. Implemented: ORS 345.525 & ORS 345.535
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91



581-045-0538 (new OAR)

Child Abuse Reporting and Training

(1) The school must comply with the provisions of ORS 339.372 on developing policies
on the reporting of child abuse.

(2) The school staff shall comply with the provisions of ORS 339.375 regarding the
reporting of child abuse and the disclosure of records

(3) The school shall comply with ORS 339.377 regarding child abuse prevention
training.

       (a) The school shall make available to students, each school year, training
       which is designed to prevent child abuse.

       (b) The school shall provide training for all school employees on the prevention
       and identification of child abuse and on the obligations of school employees to
       report child abuse under the provisions of ORS 419.005 to 419B.050 and
       policies adopted by the school board or governing body. This training shall be
       updated and presented to all employees on an annual basis.

       (c) The school shall make training detailed in section 3(b) of this rule available
       to parents and legal guardians of the school’s students. The training shall be
       provided separately from the training provided to school employees. This
       training shall be made available each school year.
       (d) Sections (a), (b) and (c) of this subsection, apply to private schools offering
       kindergarten through grade 12.

Stat. Auth.: ORS 339.372, 339.375 and 339.377

Stat. Implemented: ORS 339.372, 339.375 and 339.377



581-045-0545

Student Records

(1) The school shall maintain an adequate system of student records in compliance with
OAR 581-022-1670.

(2) In the event of permanent school closure, the school shall arrange to transfer permanent
student records to the local education service district office, county unit office, local school
district, or another depository for student records. The school must inform the
Department in writing of the location of the records including the name and location of
the depository.

Stat. Auth.: ORS 345.535
Stats. Implemented: ORS 345.525 & ORS 345.535
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91

581-045-0550

Transfer of Progress Records

The school shall transfer promptly to any other educational institution all progress records
in conformance with the requirements for school districts listed in ORS 339.260.
Student records necessary for use in the appropriate placement of the student shall not
be withheld from other institutions because of nonpayment of fees or tuition.

Stat. Auth.: ORS 345.535
Stats. Implemented: ORS 345.525 & ORS 345.535
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91




581-045-0555
Media Centers

The school shall have instructional media centers to provide services for all students which
shall approximate the goals of OAR 581-022- 1520 except for the requirements of
certification of staff.

Stat. Auth.: ORS 326.215, ORS 339.030, ORS 343.055, ORS 345.535, ORS 433.245, ORS
453.205 & ORS 453.255
Stats. Implemented: ORS 345.525 & ORS 345.535
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91

581-045-0565

Denial or Revocation of Registration

(1) The Department, may on its own initiative, deny, revoke or suspend a school’s
registration if evidence is documented indicating the:

(a) School is not in compliance with ORS 345.525 or 345.535 or OAR 581-045-0500 to
581-045-0580;

(b) School knowingly made false, deceptive, inaccurate, or misleading representations
of fact in any oral, written, visual or electronic presentation in connection with
registration requirements required under ORS 345.505 to 345.575 or OAR 581-045-
0500 to 581-045-0580; or

(c) School did not furnish information or a report as required under ORS 345.505 to
345.575 or OAR 581-045-0500 to 581-045-0580.

(2) In the event that registration or renewal of registration is denied, revoked or suspended,
the school shall be notified with a statement of the reason(s) for the denial. revocation or
suspension and a hearing shall be provided under ORS 183.413 to 183.464.

Stat. Auth.: ORS 345.535
Stats. Implemented: ORS 345.555
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91

581-045-0570

Site

(1) The school site shall be well-maintained and large enough to provide for school needs to
approximate the provisions of OAR 581-022- 1430 relating to an asbestos management
plan and 581-022- 1530(3), (4), and (5) relating to auxiliary services. A school receiving
state or federal funds shall be accessible to persons with a disability.
(2) The school site shall comply with all rules of the State Fire Marshall relating to fire
safety and with Health Division and Child Care Division standards relating to safety
and sanitation. Evidence of such compliance shall be provided upon initial
registration, when registration lapses and upon request. Such evidence of compliance
shall not be more than two years old.

Stat. Auth.: ORS 345.535
Stats. Implemented: ORS 345.535
Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-91

(repealed) (covered in previous OAR)

[Publications: The publication(s) referred to or incorporated by reference in this rule are
available from the agency.]

Stat. Auth.: ORS 326.215, ORS 339.030, ORS 343.055, ORS 345.535, ORS 433.245, ORS
                                 453.205 & ORS 453.255
                            Stats. Implemented: ORS 345.535
  Hist.: 1EB 109, f. 3-30-64; 1EB 256, f. & ef. 12-20-76; EB 5-1991, f. & cert. ef. 2-28-
            91BEFORE THE OREGON DEPARTMENT OF EDUCATION

RULE HEARING: 581-045-0500, 581-045-0505, 581-045-0515, 581-045-0522,
581-045-0525, 581-045-0530, 581-045-0535, 581-045-0538, 581-045-0545, 581-
045-0550, 581-045-0555, 581-045-0565, 581-045-0570 and 581-045-0575, private
prekindergarten through grade 12 schools

                            HEARING OFFICER’S REPORT

The Department held a public hearing on March 25, 2009, to receive public
comment on the proposed new rules, rule amendments and repeal of rules. Notice
of hearing was published in a timely manner in the Secretary of State’s bulletin and
was sent to interested parties and persons who requested notice pursuant to ORS
183.335 (7). The hearing was held at the Department’s offices in Salem, Oregon
before Cindy Hunt, Hearing Officer.

No one testified or submitted written testimony at the hearing. One person
submitted written testimony during the rule comment period.


                               Respectfully submitted this 27th day of March, 2009



                               Cindy Hunt
                               Hearing Officer

								
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