Public Charter Schools
November 2005 Policy Update

Two pieces of legislation require changes to the administrative regulation for public charter schools. The first change is required by SB 1071, which created the Oregon Virtual School District. A paragraph was added to section IV “Terms of the Charter Agreement” to reflect the new requirement for charter schools offering online courses, that at least 50 percent of its students must live in the district in which the public charter school is located.

The second change is required by HB 3174, which established a process for the renewal of public charter school contracts. A new section was added entitled “Charter School Renewal.” This outlines the process established by this new legislation, requiring the board of the charter school to submit a renewal request at least 180 days before the charter’s expiration. The sponsor of the charter school must then hold a public hearing on the renewal request within 45 days and state the reason for renewal or nonrenewal. The legislation also created an appeal and review process and establishes the criteria the sponsor of the charter school must use when evaluating a renewal request.

Public Charter School Sample Policy

PERS Break in Service
November 2005 Policy Update

Two new exceptions to PERS definition of a “Break in Service” were added by HB 2189. The first is when a PERS member is absent due to a disability and qualifies for a PERS disability benefit. The second is when a PERS member leaves employment because of the seasonal nature of the employee’s position, but returns within 12 months of leaving. Policy GCBF – Break in Service was amended to reflect these changes. A few additional changes were made just to improve the clarity of the policy; these are not changes due to the new legislation.

Break in Service Sample Policy

False Threats to Schools
November 2005 Policy Update

HB 3491 creates a new crime of disorderly conduct in the first degree, which is a Class A misdemeanor with a maximum penalty of one year’s imprisonment and/ or a $6,250 fine. Disorderly conduct in the first degree is committed when a person initiates or circulates a report, that they know is false, concerning an alleged hazardous substance, impending fire, explosion or catastrophe or other emergency that will take place in or upon a school. If someone has already been convicted of disorderly conduct in the first degree as related to schools, subsequent convictions of disorderly conduct in the first degree will be classified as a Class C felony. Class C felonies carry with them a maximum penalty of five years’ imprisonment and/or a $125,000 fine. False threats to school property is added to the list of prohibited behaviors in policy KGB – Public Conduct on District Property.

Public Conduct on District Property Sample Policy

Oregon Virtual School District
November 2005 Policy Update

HB 1071 establishes the Oregon Virtual School District within the Department of Education. It allows the state superintendent to contract for online courses from public entities such as districts, ESDs, public charter schools, community colleges, and institutions of higher education. The recommended language acknowledges that a district may expand choice in providing distance learning options through the Oregon Virtual School District. As previously mentioned, LBE-AR, the administrative regulation for charter schools, has also been amended to reflect the requirement that public charter schools offering online courses have 50 percent or more of their students reside in the school district where the charter school is located.

Distance Learning Sample Policy
Public Charter School Sample Policy

Expanded Options Program
October 2005 Policy Update

The 2005 Legislature passed legislation creating the new “Expanded Options Program,” which offers students 16 years or older and in 11th or 12th grade the opportunity to earn concurrent high school and college credits. The new legislation requires districts to notify all high school students and their parents about the program, and makes notification to at-risk students a priority. The district will negotiate a financial agreement with the post-secondary institution for the payment of all tuition, fees and other required instructional costs. The district may request a waiver from the state Department of Education if implementing this program would result in financial hardship for the district or the district already has a similar program in place. There is a cap on the number of credit hours that may be given to students, depending on the size of the high school. The Expanded Options Program must be offered to students in the 2006-2007 school year.

Expanded Options Program Sample Policy
Alternative Instructional Programs Sample Policy
Establishment of Alternative Education Programs Sample Policy

Animal Dissection
October 2005 Policy Update

This legislation allows students to opt out of animal dissection exercises. The student’s parent may also refuse to allow the student to participate in the dissection exercise. Alternative activities to the dissection exercise must be provided to allow the student to demonstrate competency in coursework.

Animal Dissection Sample Policy

Special Education
September 2005 Policy Update

The Individuals with Disabilities Education Improvement Act of 2004 was signed into law on December 3, 2004. Most of the provisions of this law were in effect as of July 1, 2005. Check our Sample Policies page for special education policies as revised according to the new federal law. Some of the policies/administrative regulations have minor changes, such as updated legal references, and others have larger substantive changes.

ODE agrees that districts adopting the OSBA special education policies and administrative regulations will meet the initial IDEA 2004 statutory requirements.

However, the ODE and OSBA recognize that revisions to these policies and administrative regulations may be necessary once federal regulations are in place, if there is a new interpretation of IDEA 2004 by a Federal or state court, or if there is an official finding of noncompliance with Federal law or regulations.

Districts have already submitted to ODE an assurance of compliance with IDEA 2004, as amended. Further submission is not required at this time unless districts modify, or adopt in part, these OSBA policies and procedures.

Special Education Sample Policies

Child Abuse Reporting
September 2005 Policy Update

Senate Bill 755 (2005) creates many new provisions that will affect school board policies. The most important change is that this legislation requires school boards to adopt a policy on the procedures related to the reporting of child abuse.

Prior to the passage of SB 755 districts were required to follow the law as it pertained to reporting, but had the option of adopting policy in this area. The law took effect on July 11, 2005 and districts should take steps toward compliance immediately. According to SB 755 child abuse reporting policy must be developed, adopted and contain language that addresses each of the components outlined below:

1. Specify that child abuse by school employees is not tolerated;
2. Specify that all school employees are subject to the policies;
3. Require that all school employees report suspected child abuse to a law enforcement agency, the Department of Human Services or a designee of the department as required by ORS 419B.010 and 419B.015 and report suspected child abuse to the employees, supervisors or other persons designated by the school board;
4. Designate a person to receive reports of suspected child abuse by school employees and specify the procedures to be followed by that person upon receipt of a report;
5. Require the posting in each school building of the name and contact information for the person designated for the school building to receive reports of suspected child abuse by school employees and the procedures the person will follow upon receipt of a report;
6. Specify that the initiation of a report in good faith about suspected child abuse may not adversely affect any terms or conditions of employment or the work environment of the complainant;
7. Specify that the school board or any school employee will not discipline a student for the initiation of a report in good faith about suspected child abuse by a school employee; and
8. Require notification by the education provider to the person who initiated the report about actions taken by the education provider based on the report.

This new legislation also implements new reporting requirements, that while not explicitly required by law have been included in our sample board policy.

Child Abuse Reporting Policies

Local Wellness Program
May 2005 Policy Update

Congress passed a law requiring each local educational agency participating in USDAs school meals program to establish a local wellness policy. Schools must set goals for nutrition education, physical activity and other school based activities designed to promote student wellness.

OSBA is currently monitoring the Oregon Department of Educations progress in establishing guidelines for this policy.

When these guidelines have been finalized by the state, OSBA will complete a comprehensive review and will provide districts with additional sample language.

To meet the current requirements OSBA has updated our policy EFA to include the information necessary to bring district policies into compliance. The update includes a title change and new information as required. EFA is reclassified to become a required policy, the AR is highly recommended but remains optional.

Wellness Policies

Free online Student Wellness Handbook

Tobacco Free Environment
May 2005 Policy Update

In response to OAR 581-021-0110 which expands the restriction of tobacco at any location under the jurisdiction of a public school or public charter school. OSBA has done a comprehensive policy sample update for districts to review and consider for modification of their existing policies.

The new rule applies to all students, staff and visitors and at all times. This OAR requires school districts in Oregon to establish policies and procedure to implement and enforce this rule by January 1, 2006.

Tobacco Free Environment Policies

Free Signs, Banners For Districts With Updated Tobacco-Free Policies (Sept 26)

Sample News Release
WPD	MSW	Date	Description   Help
		1/10/06	Sample News Release Announcing Adoption of Board Anti-Tobacco Policy