ODE Rules Advisory Committee

September 9, 2021

Agenda Overview

9:00 am-

1. Introductions & Opening Remarks
2. ODE Rules-at-a-Glance
3. ODE Updates
4. ODE Draft Rules
5. Open Space/Questions
6. Closing

Nine Federated Tribes of Oregon:

Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians

https://ctclusi.org

Welcome, Opening Remarks

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• Technical and Virtual reminders
• Suggested Protocol and Dialogue
• How to use shared Notespace/Workspace during presentation

Suggested Protocol for Dialogue

• Trust is earned - and let’s attempt to move in conversation like we’ve got several years working together already behind us.
• Engage tension, don’t indulge drama.
• Listen to your gut!
• Share space - help collectively balance the insights of verbal and quick processors with the wisdom of those who might appear more reticent.
• Confidentiality - this is not a social-media space. Lessons can be shared but leave the details.
• Dialogue, not selling - let’s converse not pitch.
• Assume best intent, attend to impact
• Pay attention (neighbors, yourself, group process and dynamics)

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Core Principles

• Collaborative Rulemaking Process
• Engagement/Consultation Before Pen Hits Paper
• Coordinating Engagement Opportunities to Not Overburden Partners
• In-Person Engagement (when possible)
• Different Perspectives in the Same Room (when possible)
• Advisory to ODE Staff (State Board of Education is statutorily responsible for promulgating rules.)
• Not One-Size Fits All
• Engage Community Partners, including those who will be directly affected by the rules
• Loop Back to Partners - to explain how their input shaped (or did not shape) the outcome or administrative rules

Process

RAC is Advisory to ODE Staff who make final recommendations to SBE for final decision.

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ODE Rules-at-a-Glance

Interscholastic Activities for GED Students

• Presenter/Subject Matter Expert key is located at the end of the agenda

Subject: Pursuant to ORS 339.460, some students who do not attend traditional public schools may be eligible to participate in interscholastic activities. This has included home school students and students attending charter schools. HB 2817 added GED students to this statute.

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Concept: Include GED students in participation of interscholastic activities (sports, drama, music, graduation ceremonies).

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Interscholastic Activities for GED Students

• Presenter/Subject Matter Expert key is located at the end of the agenda

Proposed Rule Changes: New temp rule as statute was effective July 1, 2021.

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Next Steps: Community engagement and draft permanent rule to present to SBE in January (first read) and March (second read). Community engagement will draw feedback from OSAA, districts, ESDs, athletic directors, and GED programs (representatives from the HECC will also be included).

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HB 3294 Menstrual Dignity Act

• Presenter/Subject Matter Expert key is located at the end of the agenda

Subject: Menstrual Products in School Bathrooms

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Concept: School districts will provide free menstrual products for all menstruating students in public schools in Oregon, including elementary, middle, and high school students.

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Proposed Rule Changes: Rules are being created that outline the funding mechanisms and technical implementation requirements.

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HB 3294 Menstrual Dignity Act

• Presenter/Subject Matter Expert key is located at the end of the agenda

State Board Feedback/Questions (if any):

• What sort of technical implementation considerations should we include in rules and guidance to ensure that this Act serves students as intended?
• What sort of equity & access components should we include in rules and guidance?
• Are there any other stakeholders to connect with?

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Next Steps: We’re currently gathering feedback from our advisory group and many other stakeholder groups, finalizing the temporary rule language, and drafting a toolkit of resources.

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Vision Screening - OAR 581-021-0031

• Presenter/Subject Matter Expert key is located at the end of the agenda

Subject: Vision Screening Reimbursements

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Concept: SB 222 broadened reimbursable parties to include “persons”.

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Proposed Rule Changes: Adding “other approved vision screening providers”.

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Vision Screening - OAR 581-021-0031

• Presenter/Subject Matter Expert key is located at the end of the agenda

State Board Feedback/Questions (if any):

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• Are there anything else to consider adding to this OAR?

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Next Steps: Moving forward to draft permanent rules.

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Intensive Program & Student Success Teams: Funding OAR 581-017-0741

• Presenter/Subject Matter Expert key is located at the end of the agenda

Subject: Intensive Coaching Funds

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Concept: Access to grant in aid to cover costs of coordination and collaboration with the Department

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Proposed Rule Changes: Include the following:

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(4) A portion of the allocation of at least $50,000 but not to exceed 5% of the total allocation may be used to support coordination and collaboration between The Department and the district.

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Intensive Program & Student Success Teams: Funding

OAR 581-017-0741

• Presenter/Subject Matter Expert key is located at the end of the agenda

Changes to Rule Draft since previous RAC: No other changes.

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State Board Feedback/Questions (if any): N/A

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Next Steps: Present temp rules to State Board 9/16

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Waiver of TAG Identification the 2020-21 School Year OAR 581-022-0104

• Presenter/Subject Matter Expert key is located at the end of the agenda

Subject: Waiver of TAG Identification the 2020-21 School Year

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Concept: This waiver was adopted by the State Board as a temporary rule. This is the permanent rulemaking. Waiver applies to 2020-21 school year only.

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Proposed Rule Changes: Inclusion of …

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(3) Waivers. The following standards are waived for the 2020-21 school year:

(f) Identification of Academically Talented and Intellectually Gifted Students. The identification of talented and gifted students as required in OAR 581-022-2325 is waived.

Waiver of TAG Identification the 2020-21 School Year OAR 581-022-0104

• Presenter/Subject Matter Expert key is located at the end of the agenda

Changes to Rule Draft since previous RAC: None.

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State Board Feedback/Questions (if any): N/A

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Next Steps: 1st Read at the September SBE meeting, 2nd Read/Adoption at the October SBE meeting.

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State Standards for the 2021-22 School Year

OAR 581-022-0106

• Presenter/Subject Matter Expert key is located at the end of the agenda

Subject: State Standards for the 2021-22 School Year

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Concept: This rule sets forth the rules in Division 22 that are in effect for the 2021-22 school year.

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Proposed Rule Changes: Division 22 rules in effect. Waiver – Essential Skills for class of 2022. Operational Plans.

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State Standards for the 2021-22 School Year

OAR 581-022-0106

• Presenter/Subject Matter Expert key is located at the end of the agenda

Changes to Rule Draft since previous RAC: None.

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State Board Feedback/Questions (if any): N/A

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Next Steps: 1st Read at the September SBE meeting, 2nd Read/Adoption at the October SBE meeting.

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ODE Updates

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ODE 2021 Budget Summary

ODE Budget Overview

• Total budget for 2021-23 is $16.34 billion, which is a 20% or $2.72 billion increase from the final 2019-21 budget.
• The primary drivers to the budget increase are the full rollout of the Student Success Act and Federal Funds dedicated to responding to the impacts of COVID-19 on children, student, schools, and child care providers.
• Overall, Federal Funds grew by 65.9% from the final 2019-21 budget, and Corporate Activity Taxes, after accounting for a full two year rollout and restoration of previous biennial reductions, increased by 105.7%.
• The $1.34 billion increase in Federal Funds is primarily related to ESSER funding and Child Care and Development Block Grant funds targeted for emergency child care and early learning programs.
• Other Funds increased by 5.6% mostly from renewed bonding investments in OSCIM, Lottery Backed Bonds for school connectivity, and capital improvement for OSD.
• General Fund increased by 3.2% from 2019-21 levels, while Lottery Funds decreased by 19.4% primarily due to the Education Stabilization Fund not be used for the 2021-23 biennium.

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* Includes $133.1 million for Common School Fund

2021-23 Legislatively Approved Budget – By Funding Source

Budget Overview: Federal Funds

Youth Development Division

$1.2 Million <0.1%

Early Learning & Child Care

$684.0 Million

20.2%

Department Operations

$156.6 Million

4.6%

K-12 Public Education

$2,537.4 Million 75.1%

$3.379 Billion

Legislatively Approved Budget

K-12 Public Education Grants & Programs

Federal Funds Are a Significant Source of Education Funding

Budget Overview: Federal Funds�

Oregon Department Operations

$156.6 Million 4.6%

K-12 Public Education

$2,537.4 Million 86.1%

Early Learning Division

$82.7 Million

ODE Agency Operations

$73.2 Million

Youth Development Division

$0.7 Million

Federal Funds Are a Significant Source of Education Funding

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K-12 Public Education Grants & Programs

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Legislative & Budget Update

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2021-23 Legislative Approved Budget – By Major Appropriation

Budget Investment Highlights

• Provides for a State School Fund Budget of $9.3 billion which equates to $300 million increase from 2019-21, including a new carve out of $5.6 million to support the cost of making feminine products available to students at school.
• Establishes $892.3 million biennial budget for the Student Investment Account which is $82 million above the statutory required budget that aligns with the at least 50% requirement of available CAT resources (after transfer of State School Fund) to the SIA.
• Increases current early learning preschool programs by $68 million and other Student Success Act early learning program initiatives were increased by $8.4 million.
• Increases $8.0 million General Fund for additional support for the Juvenile Detention Education Program and the Youth Corrections Education Program.
• Expands budget of $4 million for the Latino/a/x Student Success Plan; $2 million for SSA Summer Learning Programs; and $2.0 million for a new LGBTQ Student Success Plan.
• Increases $5.0 million for the STEM Hub Grant, STEM Innovation Grant and a new Mathways Grant Program, and restoration of the $1.2 million budget for Breakfast After the Bell.
• Authorizes $148.0 million of new state general obligation bonds aimed at support capital improvement for school facilities (including OSD), and increasing school and students.
• Invests $1.5 million to the Vision Health Account that increase capacity for student vision screening and enables ODE to reimburse community providers or other vision screening service providers.

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Agency Operations Budget

• ODE’s total position count for 2021-23 is 792. The Department received 95 total new positions of which 38 were limited duration last biennium that have been reestablished.
• Of the 57 positions that are new and not re-establishments of LDs from the previous biennium,
• 18 are related to the Early Learning Division – including positions needed for new agency.
• 7 increased positions due to SB155 to help meet school investigation requirements.
• 12 are positions related to increased federal stimulus funding.
• 20 related to increased programs and grant funding, technical assistance, and/or support functions.
• Administrative reduction were applied in all operations for a total of $1.7 million – computes to approximately 1.6% reduction of General Fund, and slightly more than half percent of current service level operating budget.
• Increased funding to support Phase 2 of a IT Modernization Project for the State School Fund system.

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Agency Operations Budget

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• HB 3073 establishes the Early Learning Division as it own state agency beginning January 1, 2023. A total of 14 positions were approved to support the early development of transition with additional positions anticipated in February 2022 after the review of progress by Legislature.
• Appropriation of $500K of General Fund to support a professional services contract study of the impacts of State School Fund spending and to determine if this spending pattern results in disparities between students who are black, indigenous or people of color (BIPOC) and those who are not BIPOC students.
• New investment of funding to support ODE in establishing a comprehensive facility assessment for all public school buildings in the state. This will provide for real time data that enables the state to prioritize strategic capital investment for facilities with the greatest risk.

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Agency Budget Growth

JUST THE FACTS

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• In the last 10 years, ODE total budget, including the State School Fund, has grown 87.1%.
• In 2013, the State School Fund represented 76.2% of total budget – today it represents 56.9%.
• In 2013, Other Funds represented 2.7% of the agency resources – today it represents 20.7%.
• While the State School Fund has grown 39.8% since 2013, the rest of the budget has increased by 238%.
• Early Learning Programs has grown 327.9% and K-12 Grant In Aid has increased by 232.6%.
• The total number of agency positions has grown from 537 to 792 – an increase of 47.5%.

QUESTIONS

Please contact us!

Rick Crager

Assistant Superintendent

503-480-5531

rick.crager@ode.state.or.us

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Becky Frederick

Director of Budget Service

503-999-0626

becky.frederick@ode.state.or.us

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Ready Schools, Safe Learners

Resiliency Framework

ODE RAC Meeting

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September 9, 2021

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Today...

• The RSSL Resiliency Framework update
• K12 Face covering rule (OAR 333-019-1015) update
• The School Health Advisory + Family Tip Sheet
• Supports for Continuity of Services

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Updates to the Resiliency Framework

• Added links to additional supports and resources (e.g., rules, FAQs, forms)
• Added section on OAR 333-019-1030 (vaccines)
• Updated face covering section to align with updated OAR 333-019-1015; OAR 333-019-1025
• Updated information and links to OHA’s school testing program
• Added new link at end: Supports for Continuity of Services

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Update to OAR 333-019-1015; OAR 333-019-1025

• All individuals 5 years of age and older to wear a face covering while indoors in a K-12 school. Certain accommodations for medical needs or disability may be necessary, and certain conditions for exceptions are detailed in the OAR 333-019-1015.
• Children under 5 who are learning in preschool classrooms that operate in school settings are not required to wear face coverings. In any early learning program serving 0 to 5 year olds, students are not required to wear a face covering.
• All individuals 5 years of age and older to wear a face covering outdoors when individuals cannot or do not consistently maintain at least 6 feet of physical distance from people not in their household. Schools that hold outdoor learning, outdoor PE, outdoor recess utilize outdoor mask breaks may continue to do so if individuals are, in general, able to maintain at least 6 feet of physical distance.
• All individuals aged two (2) or older who are using public transportation, including riding a school bus operated by a public or private school, must wear a face covering.

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Sports

OAR 333-019-1015 and OAR 333-019-1025 do not require a person to wear a face covering indoors when playing competitive extracurricular sport at any level, nor when officiating a competitive sport that requires a high level of physical exertion by the official . OARs 333-019-1015 and 333-019-1025 require all spectators and officials who are not actively officiating at a high level of physical exertion at competitive sport events of any level to wear a face covering.

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Update: Three Types of Testing/Screening

• Diagnostic Testing (BinaxNOW)
• Symptomatic Staff & Students
• Rapid Antigen test via Nasal Swab
• Testing is at school
• Must register again, even if you signed up last year
• schooltesting.COVID@DHSOHA.state.or.us

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Update: Three Types of Testing/Screening

• Student Screening Program
• Asymptomatic Students
• PCR test via Nasal or Saliva
• Can be done at home or at school
• Frequency: 1 time per week
• Register here: Oregon K-12 Student Screening Testing (smartsheet.com)

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• Staff Screening Program
• Unvaccinated staff sign up for this service
• PCR Test via Nasal
• Tests are sent to staff home
• Frequency 1 time per week
• COVID-19 Testing in Oregon’s K-12 Schools: Staff Screening (office.com)

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School Health Advisories

Goal: maintain continuity of instruction during the first month of the school year

Tips

1. Vaccinate if eligible
2. Limit gatherings and non-essential activities with people from other households
3. To extent possible, reduce extracurricular activities and consider holding activities such as meals, recess PE classes, music and choir outdoors to maximize physical distancing.
4. Hold beginning of the year “welcome to school” event virtually, outdoors, with full preventive mitigation layers if they must be held in person
5. Check school website for safety plan

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Family Tip Sheet and Plan Template

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Family Tip Sheet:

• A checklist to help everyone stay safe as kids head back to the classroom, and to make the most of our opportunity for in-person learning this school year.
• Aligns with messages in School Health Advisory

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Family Plan Template: Resource for families to plan for how to support their child/ren and family should someone in your family need to quarantine or isolate during the school year. Like last year, schools will see exposures.

• Family readiness is also key to successfully managing an exposure, school exclusion, and possible quarantine.
• Pre-planning for quarantine or isolation
• During quarantine and isolation
• Planning for a return to school

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School website or ODE’s Ready Schools, Safe Learners website to review your school’s Safe Return to In-Person Instruction and Continuity of Services Plan.

Supports for Continuity of Services

• Priority is to implement the protocols needed to reliably and safely hold school in-person, every school day, for all students, all year long.
• It is important to be as prepared as possible for future disruptions to in-person learning, whether from disease, wildfires, ice storms or other circumstances which may affect a classroom, a portion of a school, an entire school building, or a district.
• Maintaining continuity of services for students and families is critical to our success this school year...and into the future.

Supports for Continuity of Services

• Oregon Data for Decision Dashboard
• Oregon Data for Decisions: A Guide for District Considerations for the 2021-22 School Year
• Planning Guide for Short-Term Distance Learning
• Oregon Child Nutrition Programs
• Transportation Supports
• School District Contracting Opportunities; Verizon Distance Learning Website
• Telemental Health (forthcoming)

Oregon Data for Decisions Guide

• Operating with local decision making; decisions which are decisions are significant and complex.
• Intended to help ensure leaders consider the array of information available to them, including patterns or categories of information that may not be county or district specific but can help inform choices being made.
• Using this guide is not required
• Guide can assist in providing a comprehensive review of the information available alongside the important expertise within your community, local public health authority, and your own knowledge as school leaders.

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Oregon Data for Decisions

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Thank you!

ODECOVID19@ode.state.or.us

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ODE Draft Rules

Farm-to-School Permanent OARs

Rick Sherman

Child Nutrition Programs

Farm-to-School permanent rules

• Presenter/Subject Matter Expert key is located at the end of the agenda

Subject: Farm to School Grant

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Concept: The Farm to School Grant has six components or sub-grants to it:

-Non Competitive Procurement Reimbursement Grant

-Competitive Procurement Reimbursement Grant

-Competitive Education Grant

-Competitive Technical Assistance Grant

-Competitive ODA Infrastructure Grant

-Evaluation Grant

When we started this grant in 2012, it was one small combined grant. Each time we introduced new components, we kept changing the rules and it’s become necessary to clean up the language to ensure the different components are clear and understandable.

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Farm to School Grant Subcomponents

Farm-to-School permanent rules - Background

• Presenter/Subject Matter Expert key is located at the end of the agenda

Background: These rules were adopted as temporary rules on the June 17th SBE meeting. They are expiring and need to be made “permanent.”

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Engagement Process prior to RAC: ODE Farm to CNP goes through the rules process with the Oregon Farm to School and School Garden Network. This is our main stakeholder group, that has direct contact with 1,900 individual stakeholders across Oregon. The Network has suggested and endorsed the rule changes.

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Farm-to-School permanent rules

• Presenter/Subject Matter Expert key is located at the end of the agenda

Proposed Changes:

• Mostly semantics, moving rules to proper grant categories, and re-naming the different components so they reflect a more clear understanding of the grant components, and to match the bill giving the grant authority better.
• “Significant” changes: Changed language to reflect the addition of Child and Adult Care Food Programs
• For the Education Grant, reduced the range of awards from $200,000 back to original $100,000 ceiling as it will spread the award out to more Oregonians.

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Farm-to-School permanent rules - Proposed Rule Impacts

Racial Equity:

• ODE Farm to CNP has identified one issue with racial equity with our grant, having to do with access by our Native American population. Our two-year biennium doesn’t work for them, as it takes at least a couple years for them to ask permission from their Elders just to come to the table. We are working with our Office of Indian Affairs at ODE and our Financial Department to rectify this situation, hopefully in the next short session.

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Farm-to-School permanent rules - Proposed Rule Impacts

Fiscal/Small Business Impact:

• Positive impact; small businesses, BIPOC, women-owned, veteran-owned can be positively impacted; our Competitive Reimbursement grant has preference points in the application built in.

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Identification of Talented and Gifted

OAR 581-022-2325

Angela Allen

Office of Teaching, Learning, and Assessment

Identification of Talented and Gifted

OAR 581-022-2325

Subject: Talented and Gifted Identification - OAR revision (581-022-2325)

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Concept: Revising OARs to improve equitable identification practices and align OARs to ORS 343.395 (“...children who require special educational programs or services, or both beyond those normally provided by the regular school program…”)

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Background: Based on data and district reports, identification of gifted and talented students has been inequitable and has perpetuated unintended harm. Based on current research, district and community collaboration/representation, and a need to align identification practices to local services, the OARs have been revised through an intentional lens of equity

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Key Data & Equity Points

Oregon TAG Students Statewide

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18-19 total: 39,097

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State Defined:

Intellectually Gifted: 16,355

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Academically Talented:

• Reading : 15,939
• Math: 16,246

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District Defined:

• Potential to Perform at 97th percentile: 6,077

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District Option to Identify:

• Creativity: 56
• Leadership: 34
• Visual & Performing Arts: 22

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District Representation

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Other engagement (not shown):

• OATAG
• Dr. Matt Makel (Johns Hopkins)
• North Carolina Department of Gifted Education

Identification of Talented and Gifted

OAR 581-022-2325

Proposed Rule Changes:

• Entire overhaul of existing rules
• Removed percentile threshold
• Removed national norm expectations
• Removed deficit-based language (despite, failure to, etc.)
• Removed outdated/offensive language
• Aligned to ORS 343.395 - definition of gifted learners - leads to services of instructional practices/services
• More proactively inclusive of underrepresented populations
• Inclusive of gifted characteristics (profiles and social-emotional traits)

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Questions

Questions for Input:

“Change is loss and loss is to be grieved.” James Ford

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• What are the pros and cons of having a 97th percentile threshold for identification? Why does Oregon currently use 97th percentile?
• Potential to Perform has been perceived as a separate category (“not quite TAG”) or a category for only underrepresented populations? Does the revised language create equal identification in the eyes of the state?
• Would the revised language prevent anyone who would’ve been identified under the existing OAR from being identified now (with the revisions)?
• Is there any language (semantics) that needs to be added? Removed?

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Next Steps

State Board? Further engagement?

• Informational presentation at SBE retreat
• 1st read = October or December (depends on feedback)
• Work with advisory groups based on feedback received from the RAC

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Proposed Rule Impacts

Racial Equity:

• Improving identification of underrepresented populations
• Underrepresented populations will no longer be unintentionally marginalized and experience harm through the negative/deficit-based language of current OARs
• Legitimize identifications

Fiscal/Small Business Impact:

• ODE facilitate trainings (in-person and teleconference)
• Districts attend trainings
• Districts adhering to best practices rather than historical practices

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Programs and Services for Talented and Gifted Students

OAR 581-022-2500

Angela Allen

Office of Teaching, Learning, and Assessment

Programs and Services for Talented and Gifted Students OAR 581-022-2500

Subject: Implementation of SB 486/OAR 581-022-2500 revision

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Concept: Revises language, promoting clarity of expectations of school districts specific to their TAG plan and components of their TAG plan.

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Background: The existing plan expectations omitted pertinent information and expectations of communication between districts, schools, community, and ODE. SB 486 was introduced during our last legislative session to resolve the areas of deficit that impacted the success and relevance of plans.

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Programs and Services for Talented and Gifted Students OAR 581-022-2500

Proposed Rule Changes:

• A requirement that each talented and gifted child and the child’s parents have the opportunity to discuss with the school district the programs and services available to the child and to provide input on the programs and services to be made available to the child;
• The name and contact information for the school district’s coordinator of special educational services and programs for talented and gifted children.
• Provide the plan when requested at any of the schools of the school district or at the school district’s main office; and
• Provide the plan on the school district’s website.
• A school district must provide the name and contact information for the school district’s coordinator of special educational services and programs for talented and gifted children:
• To the Department of Education annually; and
• On the school district’s website in the manner prescribed by the department.

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Questions

Questions for Input:

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• In addition to the language presented in the bill, are there any suggestions of what could/should be included in the revision?
• Semantics - Is there any wording or formatting suggestions?
• Any suggestions/initial thoughts you would like to share?

Next Steps

State Board? Further engagement?

• Revisions will be made based on feedback received from the RAC
• SBE - 1st read in October or December

Proposed Rule Impacts

Racial Equity:

• Plans have to include practices and procedures specific to identification of underrepresented and marginalized populations.
• Plans are reviewed by ODE with the intentionality of racial and educational equity at the forefront

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Fiscal/Small Business Impact:

• Districts will need to revise their plans to meet the new components of the OARs

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Preview of October 14 Agenda

Rules at a Glance:

• Individualized COVID-19 Recovery Services - OAR 581-015-2228
• Content of IEP - OAR 581-015-2200
• Educational Adequacy Standards for Long-Range Facility Plans -- Technical Assistance Program
• Summer Program rules
• Every Student Belongs

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ODE Draft Rules:

• HB 2935 CROWN Act
• HB 3041 Gender Identity - OAR 581-021-0045
• Rules Pertaining to Type 10 Drivers - OAR 581-053-0030
• Assessment of Essential Skills - OAR 581-022-2115
• HB 2056 Access to Linguistic Inclusion

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OPEN SPACE

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Any further questions or comments on any agenda item or any topic not on our agenda...

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Thank you!