Resources
Policy hot topics
Summary of hot topics related to board policies.
Open Enrollment
The effective date for House Bill 3681 (HB 3681) is January 1, 2012. OSBA policy staff is encouraging districts to review their Board policy JECB - Nonresident Admissions and its associated administrative regulation, JECB-AR, to ensure compliance with this new law. Often referred to as the “Open Enrollment law” this new law requires a district to determine in advance the number of nonresident students they will admit without the consent of the sending district. Student transfers allowed by this law will first appear in our schools in the 2012-2013 school year. Language guiding districts through the necessary steps and key dates outlined in the law can be found in sample language attached to this announcement or in the September/October 2011 edition of OSBA’s Policy Update subscription. Key dates related to this law are as follows:
- March 1: Districts must have determined, and school boards must approve and announce the number of students that will be admitted under this law.
- April 1: The last day for interested students using this pathway to seek consent from the district they would like to attend.
- May 1: The last day for admitting districts to notify resident districts in writing of the student(s) that have received consent to transfer.
The traditional methods available to districts through interdistrict transfer and mutual consent are still available, and are not subject to provisions through HB 3681. The Oregon Department of Education has published a “frequently asked questions” resource on their website that covers additional topics such as: transportation requirements, lottery information, enrollment criteria and many others. http://www.ode.state.or.us/news/announcements/announcement.aspx?ID=7750&TypeID=4
In addition, OSBA is providing attached sample language as guidance for school boards in selecting appropriate terminology for use when approving and announcing the number of openings available to students under this specific pathway. For additional information or questions please contact a member of OSBA’s policy service staff at 1-800-578-6722.
The following is sample language to consider for use as part of school board approval of recommended numbers and the subsequent notification of acceptance of nonresident students under HB 3681:
“The Board of Directors has established that [ # ] nonresident students shall receive written consent for admission under ORS 339.133(5)(b) for the 2012-2013 school year.”
or
“[Based on enrollment projections, staffing and/or available resources] the Board of Directors has established that no nonresident students shall receive written consent for admission under ORS 339.133(5)(b) for the 2012-2013 school year.”
OSAA Position Statement Memo dated December 7, 2011
Use of Restraint and Seclusion
The 2011 Legislative Session passed House Bill 2939 relating to safety in public education programs, creating new provisions and amending ORS 161.205 and 339.250. These provisions affected the content of required Board policy JGAB - Use of Restraint and Seclusion, and its associated administrative regulation and will take effect July 1, 2012. The sample board policy documents and administrative regulations were released as a part of OSBA’s September/October 2011 Policy Update service. Districts, ESDs and other educational institutions that serve K-12 students are required to adopt policy that complies with House Bill 2939; additional notification, authorization, limitation and reporting requirements. OSBA has also aligned information related to definitions, clarification of situations that warrant the use of restraint and or seclusion and the specific notification and documentation requirements that have been added. We encourage our members to review current board policy language and contact the policy services office at OSBA to discuss any questions you may have.
Children’s Internet Protection Act
The Children’s Internet Protections Act (CIPA) is a federal law enacted by Congress to address concerns about access to offensive content over the Internet, on school and library computers. CIPA imposes certain types of requirements on any school or library that receives funding for Internet access or internal connections from the Erate program, a program that makes certain communications technology more affordable to eligible schools and libraries.
The Federal Communications Commission (Commission) added statutory language from the CIPA in the 21st Century Act regarding the education of students about appropriate online behavior to existing Commission rules (released in 2009) which enacted additional protections for minors using the Internet. Districts, ESDs and charter schools must certify, that as part of their required Electronic Communications policy, they are educating minors about appropriate online behavior, including cyberbullying awareness and response, and how to interact with other individuals on social networking sites and in chat rooms.
OSBA updated sample policy IIBGA - Electronic Communications System and administrative regulation, to meet the 2009 Commission rules. If the district has adopted the revisions from OSBA’s May 2009 Policy Update (Revision date 5/28/09), there is no new language revisions to meet the federal rules and regulations effective July 1, 2012.
Attendance Notification
The 2011 Legislative Session passed House Bill 3197 requiring all district and charter school boards to adopt an attendance policy that requires each school to notify parents/guardians by end of school day on any day that the child has an unplanned absence, beginning with the 2011-2012 school year. OSBA recommends that schools make that notification as close to the end of the instructional day (e.g., last bell rings, last instructional day bus pulls away from the curb) as possible. The intent of this Bill is safety of students. The later the notification following the end of the school day the greater the potential for liability.
Integrated Pest Management
The 2009 Legislature passed Senate Bill 637 (SB 637) requiring districts to adopt, on or before July 1, 2012, an integrated pest management (IPM) plan and policy that identifies an Integrated Pest Management Plan Coordinator and their responsibilities. The legislation also directed Oregon State University Extension Service to develop a model integrated pest management plan as an option for use in schools; this model can be found at: www.ipmnet.org/tim/IPM_in_Schools/Model_School_IPM_Plan_Main_Page.html.
The new OSBA sample policy references OSU’s Model Integrated Pest Management Plan for Oregon Schools as an IPM plan which districts may adopt, or districts may choose other plans as long as those plans meet the statutory requirements. Districts should begin to prepare for the implementation of the senate bill’s requirements which take effect July 1, 2012. Ask us about EBB - Integrated Pest Management.
IGBAG - Special Education: Procedural Standards (districts and ESDs only)
Districts and ESDs should add OAR 581-001-0005 to the list of legal references for Board policy IGBAG - Special Education: Procedural Safeguards. The State Board of Education added "special education complaint investigations under ORS 343.041(3)," to the OAR. This change does not effect district procedures, but effects the procedures of Oregon Department of Education investigations by implementing a process that complies with federal law. Added 5/26/11
Staff Dress and Grooming
(Including religious dress guidance)
HB 3686, passed by the February 2010 Special Legislative Session and effective July 1, 2011, amended ORS 659A.033 and repeals ORS 342.650 and 342.655 which prohibited teachers wearing religious dress. In response, OSBA is releasing a new highly recommended version and optional version of a policy and administrative regulation addressing general dress and grooming for ESD staff and guidance for the application of allowed religious dress. See Policy Update issue May 2011 Added 5/26/11
Graduation Policy
The State Board of Education voted to adopt OAR 581-022-0617 allowing qualified Limited English Proficient (LEP) students the option of demonstrating proficiency in Essential Skills in a language other than English. The new OAR language requires districts to adopt policy stating whether or not they will allow qualifying ELL students to demonstrate proficiency in Essential Skills in the student’s language of origin.
In addition, optional language has been provided to address the Test Administration Manual, Appendix L - Requirements for Assessment of Essential Skills, modified December 2010, and requires districts to:
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Establish an appeal process for when a district denies a diploma based on the Essential Skills graduation requirement; and
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Retain student work samples and performance data in the event of an appeal.
Revised IKF and IKF-AR, February 2011
Reporting of Sexual Conduct
House Bill 2062, relating to misconduct by district employees has created new provisions amending ORS 339.370. This Bill requires that district boards adopt policy on reporting sexual conduct by a district employee that is directed toward a student. It modifies hiring procedures for districts as well as impacting information shared through the employee reference process.
The law takes effect July 1, 2010. Review all policies related to employee hiring practices, employee records and align with new ORS 339.370 language. See toolkit for more information.
Child Abuse Reporting
The State Board of Education adopted OAR-581-022-0711, which requires ORS language in policy and written procedures for providing required annual training for district employees, parents and students.
A child abuse reporting policy must be developed, adopted and contain language that addresses the required written procedures for training and continues to include each of the components outlined below:
- Specify that child abuse by school employees is not tolerated;
- Specify that all school employees are subject to the policies;
- 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;
- 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;
- 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;
- 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;
- 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
- Require notification by the education provider to the person who initiated the report about actions taken by the education provider based on the report.
Child Abuse Reporting/Relations with Law Enforcement
A three-judge panel of the 9th U.S. Circuit Court of Appeals recently issued an opinion in Greene v Camreta, (9th Cir. Dec. 10, 2009), ruling that a police officer may not interview a student at school without a warrant, court order, exigent circumstances or parental consent.
The ruling impacts two administrative regulations, required JHFE-AR – Reporting of Child Abuse (now JHFE-AR(1)) and highly recommended KN-AR – Relations with Law Enforcement Agencies (now KN-AR(1)). OSBA has created a double coded highly recommended form administrators may use when law enforcement or DHS asks to interview a student at school. This form, double coded JHFE/KN-AR(2), provides boxes for the agency official to check and sign, documenting they have the necessary authority to interview a student at school.
If the agency official cannot demonstrate they have the authority to interview a student at school, the administrator may refuse access to the student pending demonstration of necessary authority. The full 9th Circuit is expected to review the case later this month, but the current ruling is the law in Oregon for the time being.
Tobacco Free Environment
OAR 581-021-0110 expands the restriction of tobacco at any location under the jurisdiction of a public school or public charter school. OSBA created a comprehensive policy sample for districts to review and consider for modification of their existing policies. This rule applies to all students, staff and visitors and at all times and this OAR requires school districts in Oregon to establish policies and procedure to implement and enforce this rule.
Electronic cigarettes (e-cigarettes)
Subsequent to recent questions about e-cigarettes and discussion with the Oregon Health Division, OSBA is updating policy GBK/JFCG/KGC - Tobacco-Free Environment with optional language that broadens the definition of tobacco products while allowing prescription smoking cessation products. (posted February 28, 2011)
- Tobacco Free Environment Policies – GBK/JFCG/KGC
Harassment, Intimidation and Bullying
The passage of House Bill 2599 (HB 2599) requires specific provisions for students. Therefore, OSBA is recommending that districts separate combined Board policy JFCF/GBNA – Hazing/Harassment/ Intimidation/Bullying/Menacing and its accompanying administrative regulation. OSBA has created two new versions of a required sample Board policy and administrative regulation for students (JFCF – Harassment/Intimidation/Bullying/Cyberbullying – Student) using language from previous samples. Version 1 meets the minimum requirements of HB 2599; Version 2 exceeds HB 2599 requirements and includes sample language under Board authority in ORS 332.107.
Additionally, OSBA created a new highly recommended sample Board policy and administrative regulation for staff (GBNA – Hazing/Harassment/Intimidation/Bullying/Menacing – Staff). OSBA has provided edited versions in this Policy Update.
For sample policies/administrative regulations mentioned above, please call Board Development and Policy Services at 800-578-6722 or 503-588-2800.