ACCOUNTABILITY
Division 22 is unique because the Legislature has directed the Deputy Superintendent of the Oregon Department of Education to enforce the Division 22 Standards through a process set out in statute. The statutory process explicitly directs ODE to provide school districts with coaching and an opportunity to correct any areas of noncompliance before withholding state school funds. Under the statute, school districts are presumed to be in compliance until a deficiency is found. Once a deficiency is found, the district is required to submit an approved plan to come back into compliance by the beginning of the next school year. During this process, ODE is directed to reach out to the district to offer technical assistance, and the ODE Deputy Superintendent may grant an extension of up to 12 months if the deficiencies cannot be corrected before the beginning of the next school year. If the district fails to come back in compliance by the beginning of the next school year or following an extension, the Deputy Superintendent “may withhold portions of State School Fund moneys otherwise allocated to the school district for operating expenses until such deficiencies are corrected unless the withholding would create an undue hardship. . . .”
ORS 327.103
MONITORING COMPLIANCE
ODE monitors compliance with Division 22 Standards through three processes:
ONGOING COACHING AND PROFESSIONAL LEARNING
| In its ongoing work with districts, ODE is continually monitoring where there might be gaps or misunderstandings about the standards. ODE staff provide coaching, support, and learning opportunities to districts as appropriate.
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COMPLAINTS
| Every district is required to have a complaint process. A student, a parent or guardian of a student, or a person who resides in the district may file a Division 22 Standards complaint. Division 22 Standards complaints are filed first at the district level and then may be appealed to ODE using the process outlined on the
ODE Complaints and Appeals webpage.
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ASSURANCES
| The Division 22 Standards assurances process is governed by
OAR 581-022-2305: District Assurances of Compliance with Public School Standards. Districts are required to provide an assurance report to the community in a school district board meeting and post the report on the district website. Districts must then submit the assurances to ODE. For each Division 22 Standard, the district either certifies that the district is in compliance or states that the district is out of compliance, provides an explanation, and proposes corrective action. Once ODE has received all of the assurances, staff go through a process of following up with districts that have self-reported non-compliance with one or more Division 22 Standards. ODE specialists are responsible for reviewing and approving districts’ corrective action plans, as well as providing technical assistance.
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DIVISION 22 ASSURANCES PROCESS
Each year, districts report to their community on their compliance with all Division 22 Standards for Public Elementary and Secondary Schools by making a presentation to the local School Board as set forth in
OAR 581-022-2305: District Assurances of Compliance with Public School Standards. After districts have made their report at the local level, they then submit their assurances to the Oregon Department of Education. This annual practice is one way we publicly commit to providing a high-quality educational experience for students in our care. It provides an opportunity for school districts to demonstrate compliance with rigorous standards, reflect on areas in need of attention and alignment, and plan for how to address them. As part of our shared responsibility to provide quality service for our students and communities, this system promotes reciprocal accountability between school districts and the Oregon Department of Education (ODE).
CHARTER SCHOOLS AND DIVISION 22 STANDARDS
Public charter schools are required to comply with ORS Chapter 338 (which includes a list of applicable statutes and rules in ORS 338.115) and any other requirements in the charter school contract or policies. Not all Division 22 Standards requirements apply to public charter schools. The best way to determine if a law or rule applies to a public charter school is by reviewing the following questions:
- Does the law specifically state that it applies to public charter schools?
- Is the law listed as an applicable law in ORS 338.115?
- Is the law named in the charter school contract or policies?
REPORTING FOR CHARTER SCHOOLS
Division 22 Standards assurances under OAR 581-022-2305 do not apply to public charter schools. This is a requirement of school districts. The requirement does not name charter schools and is not listed in the rules or statutes that apply to public charter schools in ORS 338.115. When a district reports on their compliance with Division 22 to the Oregon Department of Education, the focus of the compliance should center on the district’s policy, practice, and implementation of the Division 22 requirements, not a charter school.
The mechanism for charter school compliance is substantially through the charter contract with the sponsor. As public charter schools are reporting out to their sponsoring districts, they may consult the Charter School Division 22 Standards Matrix.