OAR 581-022-2223: Healthy and Safe Schools Plan

(1) The following definitions apply to this rule: (a) “Annual Statement” means a statement that complies with all requirements in ORS 332.334(2); (b) “Department” means the Oregon Department of Education; (c) “District” or “School District” means school districts as defined by ORS Chapter 332; (d) “Education Service District” or “ESD” means an education service district as defined by ORS Chapter 334; (e) “Electronic Communications Program” means a program or service that allows a School District, Public Charter School, Oregon School for the Deaf, or Education Service District to send out electronic communications and email to multiple recipients at once; (f) “Facilities” means all buildings or properties owned or leased by a District, ESD, Oregon School for the Deaf, or Charter School where students or staff are present on a regular basis; (g) “Final Test” means a First Draw Test that shows a lead level below the action level as stated in OAR 333-061-0400 and can either be an Initial Test or a Draw Test after remediation has been completed; (h) “First Draw Test” means a test of a sample collected before any water is used from that tap on the day it is tested per OAR 333-061-0400(2); (i) “Healthy and Safe Schools Plan” or “HASS Plan” means a plan that complies with all requirements in ORS 332.331; (j) “Initial Test” means a First Draw Test that occurs before any remediation or other work is done on the fixture; (k) “OHA” means the Oregon Health Authority; (l) “OSD” means the Oregon School for the Deaf; (m) “Public Charter School” or “Charter School” means a charter school as defined by ORS Chapter 338; (n) “Required Fixtures” means all fixtures used for drinking or food preparation not specifically exempted per OAR 333-061-0400; and (o) “Testing Cycle” means a six year cycle, as required per OAR 333-061-0400, in which School Districts, Education Service Districts, the Oregon School for the Deaf, and Public Charter Schools shall test all Required Fixtures in all Facilities for elevated levels of lead in water. (2) The Department shall publish on its website, and send out via electronic means, a copy of the model HASS Plan for Districts, ESDs, OSD, and Charter Schools. (3) The model HASS Plan shall: (a) Contain language that Districts, ESDs, OSD, 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, OSD, and Charter Schools to complete their HASS Plans according to the model plan. (4) Districts, ESDs, OSD, and Charter Schools shall submit an electronic copy of a draft HASS Plan to the Department. (5) The draft HASS Plan submitted by Districts, ESDs, OSD, and Charter Schools, shall: (a) Contain all requirements listed in ORS 332.331; and (b) Provide a schedule of when the District, ESD, OSD, or Charter School will test Required Fixtures for each Facility based on the schedule set forth in the sections below. (6) The Department shall review draft model plans and respond back to Districts, ESDs, OSD, and Charter Schools with approval or changes required to be made. (7) The governing body of a District, ESD, OSD or Charter School shall adopt the final HASS Plan. (8) Districts, ESDs, OSD, and Charter Schools must submit an electronic copy of their adopted HASS Plan to the Department within 30 days of adoption by the governing body. (9) If a District, ESD, OSD, 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, OSD, 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) 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, OSD, and Charter Schools. (11) By June 1 of each year, Districts, ESDs, OSD, 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, OSD, and Charter Schools shall report the results of any required testing under ORS 332.331(3) as follows: (a) Lead in water: (A) Final Test results shall be made available on the District’s, ESD’s, OSD’s, or Charter School’s website; and (B) Final Test results shall be: (i) Emailed to staff, students, and parents of minor students by Districts, ESDs, OSD, and Charter Schools for those staff, students, or parents of minor students for which they have email addresses; or (ii) Delivered to staff, students, and parents of minor students, by an electronic communications program by those Districts, ESDs, OSD, or Charter Schools that use an electronic communications program in place of an email list. (b) Lead in paint testing results per the requirements under 40 C.F.R. 745; (c) Radon testing: (A) Results shall be made available on the District’s, ESD’s, OSD’s, or Charter School’s website; and (B) Results shall be: (i) Emailed to staff, students, and parents of minor students by Districts, ESDs, OSD, and Charter Schools for those staff, students, or parents of minor students for which they have email addresses; or (ii) Delivered to staff, students, and parents of minor students, by an electronic communications program by those Districts, ESDs, OSD, or Charter Schools that use an electronic communications program in place of an email list. (d) Asbestos testing results per the requirements under 40 C.F.R. 763; (e) Integrated pest management results per ORS 634.700 through ORS 634.750. (13) Districts, ESDs, and Charter Schools may restrict communication of test results required under the HASS Plans to the staff, students, parents, and other community members affiliated with the building for which the test results are available. (14) All Districts, ESDs, OSD, and Charter Schools shall test all Required Fixtures for elevated levels of lead per the procedures set forth in OAR 333-061-0400 every six years. (15) All Districts, ESDs, OSD, and Charter Schools shall submit Initial Test and Final Test results to the Department by June 30 of the year in which they test per the schedule set forth in the sections below. (16) The Department shall reimburse Districts, ESDs, OSD, and Charter Schools for the following costs for testing lead in water: (a) Actual testing of water samples for elevated levels of lead, as evidenced by lab reports and invoices from an OHA accredited lab; (b) Shipping costs to send samples to an OHA accredited lab, including mileage for transporting samples; (c) Costs of supplies needed to collect samples; (d) Additional lab fees as approved by the Department; and (e) 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) Helps Districts, ESDs, OSD, and Charter Schools offset some of the costs of collecting the samples and associated administrative costs. (17) The Department may reimburse Districts, ESDs, OSD, and Charter Schools for testing done on fixtures other than 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. (18) Districts, ESDs, and OSD 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 school year of the Testing Cycle; (b) Districts with 4-6 schools within their district will test all Required Fixtures in the second school year of the Testing Cycle; (c) ESDs and the Oregon School for the Deaf will test all Required Fixtures in the third school year of the Testing Cycle; (d) Districts with 7-8 schools within their district will test an equal portion of all Required Fixtures in the third and fourth school years of the Testing Cycle; (e) Districts with 9-10 schools within their district will test an equal portion of all Required Fixtures in the fifth and sixth school years of the Testing Cycle; (f) Districts with 11-15 schools within their district will test an equal portion of all Required Fixtures in the fourth, fifth, and sixth school years of the Testing Cycle; (g) Districts with 16-19 schools within their district will test an equal portion of all Required Fixtures in the third, fourth, fifth, and sixth school years of the Testing Cycle; and (h) Districts with 20 or more schools within their district will test an equal portion of all Required Fixtures in each school year of the Testing Cycle. (19) Charter Schools will test all Required Fixtures according to the testing schedule for the District in which they are located. (20) If a Charter School leases their building from a School District, the School District shall test that building as part of their regular testing schedule. The School District shall send the Final Test results to the Charter School and the Charter School shall post those results on their website. (21) Districts and Charter Schools that have multiple years to test all Required Fixtures shall report in their HASS Plans which year each Facility will be tested. (22) The six year cycle shall not be modified based on a District’s, ESD’s, OSD’s, or Charter School’s failure to test during their scheduled year. The six year cycle schedule will remain as stated in the sections above. (23) If a District, ESD, OSD, or Charter School fails to complete testing in their required year or years, the District, ESD, OSD, or Charter School will complete all outstanding required testing as soon as possible. (24) If a District, ESD, OSD, or Charter School needs to change their testing schedule, then they shall submit a proposed change to the Department. (25) The Department shall review all proposed schedule changes submitted by Districts, ESDs, OSD, and Charter Schools. The Department may approve or reject District, ESD, OSD, or Charter School proposals to fit the needs of the overall testing program. (26) The Department may determine a schedule for when Districts, ESDs, OSD, and Charter Schools must submit their reimbursement requests. (27) The Department may require Districts, ESDs, OSD, and Charter Schools to report Final Test results and other data as determined by the Department using templates and forms developed by the Department.