OAR 581-024-0215: Assignment of Standardization Classification

(1) The district's designation as standard, conditionally standard or nonstandard is determined by the State Superintendent of Public Instruction and is based on the district's compliance with the rules set out in division 024 of chapter 581 of the Oregon Administrative Rules and other applicable rules and statutes. (2) The Superintendent will review a district's compliance with standards as part of a comprehensive, regular review of the district, or may review a district in response to a public complaint alleging noncompliance with one or more of the standards, or upon the Superintendent's own initiative at any time as may be necessary to ensure compliance with the standards. (3) During a review, the district shall cooperate with the Superintendent and provide any and all evidence the Superintendent considers necessary for the review. If as a result of a review of the district by the Superintendent it is determined that the district does not comply with one or more of the standards, the Superintendent will notify the district of the initial determination of noncompliance and give the district 15 days to respond. (4) If after reviewing the district's response, the Superintendent determines that the district is in compliance with all standards, the Superintendent will within 15 days from the receipt of the district's response designate the district as standard. (5) If after reviewing the district's response, the Superintendent determines that the district is not in compliance with one or more standards, the Superintendent will within 15 days from the receipt of the district's response designate the district as nonstandard and require from the district a plan to correct all deficiencies. The district will have 30 days to provide the Superintendent with the plan. The Superintendent may accept, reject or modify the plan within 30 days from the receipt of the district's plan and will order the district to comply with the plan as approved. The district will have 180 days from the approval of the plan to correct all identified deficiencies. (6) If a plan is not submitted to the Superintendent within 30 days, the Superintendent will designate the district nonstandard. (7) When a plan to correct deficiencies is approved by the Superintendent, the district is designated conditionally standard. (8) When the district corrects all identified deficiencies, the district is designated standard. (9) If after 180 days from the approval of the plan, the district has not corrected all identified deficiencies, the Superintendent will designate the district nonstandard. (10) The Superintendent may impose sanctions on a nonstandard district, including requiring merger with a contiguous, standard district, withholding state school fund allocations and the sanctions described in ORS 342.173. The determination of sanction is left to the discretion of the Superintendent.