Or. Admin. Code § 581-022-2223 - Healthy and Safe Schools Plan

(1) The following definitions apply to this rule:

(a) "Department" means the Oregon Department of Education;

(b) "District" or "School District" means school districts as defined by ORS Chapter 332;

(c) "Education Service District" or "ESD" means an education service district as defined by ORS Chapter 334;

(d) "Electronic Communications Program" means a program or service that allows a School District, Public Charter School or Education Service District to send out electronic communications and email to multiple recipients at once;

(e) "Facilities" means all buildings or properties owned or leased by a District, ESD, or Charter School that are required to be included in the HASS Plan;

(f) "Final Test Results" means final test results for any test required as part of the Healthy and Safe Schools Plan that contains the results from the appropriate laboratory as well as enough additional information to contextualize and explain the laboratory results;

(g) "Healthy and Safe Schools Plan" or "HASS Plan" means a plan that complies with all requirements in ORS 332.331;

(h) "OHA" means the Oregon Health Authority;

(i) "Public Charter School" or "Charter School" means a charter school as defined by ORS Chapter 338;

(j) "Required Fixtures" means fixtures required to be tested for elevated levels of lead per OAR 333-061-0400; and

(k) "Testing Cycle" means a six year cycle, as required per OAR 333-061-0400 in which School Districts, Education Service Districts and Public Charter Schools test all Required Fixtures in all Facilities for elevated levels of lead.

(2) The Department shall publish on its website, and send out via electronic means, a copy of model HASS Plans to Districts, ESDs, and Charter Schools by January 1, 2019.

(3) The model HASS Plan shall:

(a) Contain language that Districts, ESDs, and Charter Schools may adopt in creating their HASS Plans;

(b) Contain all elements required under ORS 332.331; and

(c) Contain instructions to enable Districts, ESDs, and Charter Schools to complete their HASS Plans according to the model plan.

(4) Districts, ESDs, and Charter Schools shall submit an electronic copy of a draft HASS Plan to the Department by April 1, 2019.

(5) The draft HASS Plan submitted by Districts, ESDs, and Charter Schools, shall:

(a) Contain all requirements listed in ORS 332.331; and

(b) Provide a schedule of when the District, ESD, or Charter School will test Required Fixtures for each Facility based on the schedule set forth in this rule.

(6) The Department shall review draft model plans and report their results back to Districts, ESDs, and Charter Schools.

(7) The governing body of a District, ESD, or Charter School shall adopt the final HASS Plan by July 1, 2019.

(8) Districts, ESDs, and Charter Schools must submit an electronic copy of their adopted HASS Plan to the Department by July 15, 2019.

(9) If a District, ESD, or Charter School has a change in Facilities, personnel, policies and procedures, or any other change, which requires updating their HASS Plan, the District, ESD, or Charter School shall submit an electronic copy of the revised HASS Plan to the Department by June 1 of the school year in which the revisions occurred.

(10) By January 1, 2019, the Department shall publish on its website and distribute an electronic copy of a model annual statement required by ORS 332.334 to Districts, ESDs, and Charter Schools.

(11) By June 1 of each year, Districts, ESDs, and Charter Schools shall submit an electronic copy of their annual statement to the Department and all others required by ORS 332.334.

(12) Districts, ESDs, and Charter Schools that have email addresses for parents of minor students and students over 18 years of age may email them the annual certification.

(13) Districts, ESDs, and Charter Schools that use an electronic communications program, in place of an email list, to send regular communications to members of their community may use that program to provide Final Test Results as part of a regular communication to members of the community.

(14) If the electronic communication programs allow the District, ESD or Charter School to specify which community members receive an email communication, then school districts, education service districts, or public charter schools may limit who receives the communication of Final Test results of a specific building so long everyone connected with that building receives the required notice.

(15) The Department shall reimburse Districts, ESDs, and Charter Schools that complete initial testing between July 1, 2019 and June 30, 2020 for testing costs as stated in subsections (17)(a) through (c) of this rule plus an additional ten dollars.

(16) All Districts, ESDs, and Charter Schools must test all Required Fixtures for elevated levels of lead every 6 years starting July 1, 2020 per OAR 333-061-0400.

(17) The Department shall reimburse districts for the following costs:

(a) Actual testing of water samples for elevated levels of lead, as evidenced by invoices from an OHA accredited lab;

(b) Shipping costs to send samples to an OHA accredited lab;

(c) Costs of supplies needed to collect samples; and

(d) An additional amount to be determined by the Department that:

(A) Provides as practical as possible an equal amount per sample across all tests; and

(B) Help districts offset some of the costs of collecting the samples and associated administrative costs.

(18) The Department may reimburse Districts, ESDs, and Charter Schools for testing done on fixtures in addition to the testing done on Required Fixtures. The additional reimbursement shall be at the discretion of the Department and the Department shall consider:

(a) Total available funds for reimbursement; and

(b) Total additional tests done.

(19) Districts and ESDs shall use the following schedule for testing through the Testing Cycle:

(a) Districts with 1-3 schools within their district will test all Required Fixtures in the first year of the Testing Cycle;

(b) Districts with 4-6 schools within their district will test all Required Fixtures in the second year of the Testing Cycle;

(c) ESDs will test all Required Fixtures in the third year of the Testing Cycle;

(d) Districts with 7-8 schools within their district will test all Required Fixtures in the third and fourth years of the Testing Cycle;

(e) Districts with 9-10 schools within their district will test all Required Fixtures in the fifth and sixth years of the Testing Cycle;

(f) Districts with 11-12 schools within their district will test all Required Fixtures in the fourth, fifth, and sixth years of the Testing Cycle;

(g) Districts with 13-15 schools within their district will test all Required Fixtures in the fourth, fifth, and sixth years of the Testing Cycle;

(h) Districts with 16-20 schools within their district will test all Required Fixtures in the third, fourth, fifth, and sixth years of the Testing Cycle;

(i) Districts with over 20 schools within their district will test a portion of all Required Fixtures in each year of the Testing Cycle;

(20) Charter Schools will test all Required Fixtures according to the testing schedule for the district in which they are located.

(21) Districts and Charter Schools that have multiple years to test all Required Fixtures shall report in their HASS Plans when each Facility will be tested.

(22) The Department shall approve District, ESD, and Charter School schedules.

(23) If the Department does not approve a schedule, the District, ESD, or Charter School shall resubmit their schedule.

(24) The Department may determine a schedule for when Districts, ESDs, and Charter Schools must submit their reimbursement requests.

(25) The Department may require Districts, ESDs, and Charter Schools to report data using reimbursement templates and forms developed by the Department for this purpose.

Notes

Or. Admin. Code § 581-022-2223

ODE 42-2016, f. & cert. ef. 8/19/2016; ODE 32-2018, amend filed 10/19/2018, effective 10/21/2018; ODE 12-2019, amend filed 04/22/2019, effective 4/22/2019

Statutory/Other Authority: ORS 326.051, ORS 332.331 & 332.334

Statutes/Other Implemented: ORS 332.331 & 332.334