OAR 581-001-0000: Notice of Proposed Rule

(1) Before permanently adopting, amending or repealing any rule, the State Board of Education shall give notice of the proposed adoption, amendment or repeal: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule to be adopted; (b) By mailing or e-mailing, at least 28 days before the effective date of the rule, a copy of the notice to persons on the State Board of Education's mailing list established pursuant to ORS 183.335(8); (c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective day of the rule; (d) By mailing or e-mailing a copy of the notice to the following persons, organizations or publications: (A) Associated Press; (B) Oregon Education Investment Board; (C) Chancellor's Office, Oregon University System; (D) Community Colleges and Workforce Development Department; (E) Teacher Standards and Practices Commission; (F) Early Learning Council; (G) School districts, education service districts and public charter schools; (H) Confederation of Oregon School Administrators; (I) Oregon Community College Association; (J) Oregon Education Association; (K) Oregon Federation of Teachers; (L) Oregon School Boards Association; (M) Oregon School Employees Association; (N) Oregon Association of Education Service Districts; (O) Chalkboard Project; (P) Stand for Children; (Q) Disability Rights Oregon; (R) Other established educational, student and parent organizations that have submitted mailing or e-mailing addresses; and (S) Capitol Press Room (3) Persons who wish to be placed on the State Board of Education's mailing or e-mailing list may request in writing or by e-mailing that the Department of Education send to the person copies of its notice of proposed rulemaking. (4) The Department may update the mailing and e-mailing lists described in this rule annually by requesting persons to confirm that they wish to remain on the lists. If a person does not respond to a request for confirmation within 28 days of the date the Department sends the request, the Department will remove the person from the mailing and e-mailing lists. Any person removed from the mailing or e-mailing lists will be returned to the mailing or e-mailing list upon request, provided that the person provides a mailing address or e-mailing address to which notice may be sent. (5) Prior to any adoption, amendment or repeal of a rule (including policies and procedures) related to the implementation of the Individuals with Disabilities Education Act (IDEA) the Department shall: (a) Provide notice to the mailing and e-mailing groups maintained under this rule at least 30 days prior to the effective date of the rule; (b) Provide any notice necessary to ensure that persons and institutions affected by the rule have a reasonable opportunity to provide public comments; (c) Conduct a public hearing on the rule and provide notice of the public hearing at least 30 days prior to the date of the hearing; and (d) Review and consider all public comments received during the public hearing or during the public comment period.