STATE BOARD OF EDUCATION – ADMINISTRATIVE RULE SUMMARY
Title/OAR #: Required Days of Instruction OAR 581-015-2590
Date: April 4, 2011
Staff/Office: Julie York/SL&P and Cindy Hunt, Superintendent’s Office, ODE
New Rule
Amend Existing Rule
Repeal Rule
Hearing Date: __March 23, 2011___________________
Hearings Officer Report Attached
Prompted by:
State law changes
Federal law changes
Other
Action Requested:
First Reading/Second Reading
Adoption
Adoption/Consent Agenda
PROPOSED/AMENDED RULE SUMMARY: Changes length of annual school year from 220 days to a
minimum of 990 hours of instruction in Correction Education Programs which is the minimum currently required
for Oregon high school students.
BACKGROUND::
The requested change in OAR will affect the Juvenile Detention Education Programs (JDEP) and the Youth
Corrections Education Programs (YCEP). TheJDEP program, established within the Department of Education,
provides education to youth held in county juvenile department detention centers. The average stay for youth
placed in these facilites is 5-7 days, typically while awaiting ajudication. The Department of Education presently
contracts with 11 school districts and 3 educational service districts to administer the education programs in
the 14 county detention centers.
The YCEP program is established within the Department of Education to provide a standard high school
education to all eligible youth incarcerated in Oregon Youth Authority (OYA) close custody correctional
facilities. Since youth placed in these facilites are for much longer stays, these programs are accredited to
offer credits and high school diplomas much like other schools. The Department of Education presently
contracts with 4 school districts and 3 educational service districts to administer the education programs in the
11 OYA close custody facilities.
The current requirement in rule is to have 220 days of actual classroom instruction for incarcerated youth.
There are no statutes or federal law that mandate a minimum number of instructional days for incarcerated
youth. The JDEP and YCEP facilities operate year-round. With many of the students arriving credit deficient,
the youth benefited from the instructional hours beyond the 990 hours of instruction set in statute for the
general population. The change still provides instruction above the 990 hours to elementary and middle school
students. Additionally, it provides greater flexibility for scheduling year-round schooling to meet the hour
requirement.
Since 1977 under OAR 581-15-0415 the 220 day requirement was in existence for incarecerated youth,
regardless whether Department of Human Services or Oregon Department of Education provided the
educational services. During the 1993 Legislative session, the responsibility of providing education to the youth
in the YCEP program was transferred to the Oregon Department of Education.
YCEP and JDEP programs derive their funding from the State School Fund (SSF) based on average daily
membership (ADM). Since the formula is based on the average number of students across time, there is no
difference in income generated between 176 and 220 days, although the costs for running the program an
additional 40 days are significantly increased. With the fiscal climate, and the Governor’s direction to reduce
budgets by 25%, current JDEP and YCEP contractors have stated that they cannot meet the current
educational requirements with reduced funding levels and providing the same number of school days.
Reducing the required minimum instructional days will align JDEP and YCEP with school districts’ calendars.
To mitigate the reduction in school days a modified calendar was developed to continue a year-round
schedule.
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The Board has the authority and discretion to set the minimum instructional requirements. Reducing the
minimum instructional time has not been proposed before.
ISSUES/CONCERNS THAT SURFACED DURING RULE WORK:
Oregon Youth Authority and County Juvenile Directors oppose this action as it reduces the current amount of
instructional time provided to students. If the actual amount of instructional time offered to incarcerated youth is
reduced, there is also a cost shift for staff and activities during non-instructional hours. Both organizations
confirmed this statement at the public hearing and is included within.
CHANGED SINCE LAST BOARD MEETING?
N/A; first read—hasn’t been before board
No; same as last month
Yes – As follows: Change to reflect 990 hours rather than days. If the change were to occur, contractors
would prefer adhering to hours rather than days as it provides more flexibility.
STAFF RECOMMENDATION:
Adopt administrative rule as prepared this month
Adopt next month administrative rule as prepared
No recommendation at this time (rarely used)
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Draft
Updated by CH on 4/3/11
581-015-2590
Minimum Hours of Instruction for YCEP and JDEP
(1) For the Youth Corrections Education Program and the Juvenile Detention Education Program, the
Department of Education shall require contractors to adopt and implement a school calendar which provides
students at each grade level with at least 990 instructional hours. The Department and contractors shall be as
consistent as possible with OAR 581-022-1620 when determining whether an activity is included as an
instructional hour.
(2) The Department may approve a contractor reducing the number of instructional hours required by this rule
as follows:
(a) Up to a total 30 hours to accommodate staff development activities or other local program scheduling
arrangements; and
(b) Up to a total of 14 hours of emergency school closure due to adverse weather conditions, facility failures or
other extraordinary conditions.
Stat. Auth.: ORS 326.051
Stats. Implemented: ORS 326.695-326.712
Hist.: 1EB 255, f. & ef. 12-20-76; EB 3-1997, f. & cert. ef. 4-25-97; Renumbered from 581-015-0415, ODE 102007, f. & cert. ef. 4-25-07
BEFORE THE OREGON DEPARTMENT OF EDUCATION
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RULE HEARING: OAR 581-015-2590, Days of Instruction for YCEP and JDEP
HEARING OFFICER’S REPORT
The Department held a public hearing on March 23, 2011, to receive public comment on the
proposed rule amendments. Notice of hearing was published in a timely manner in the Secretary of
State’s bulletin and was sent to interested parties and persons who requested notice pursuant to
ORS 183.335 (7). The hearing was held at the Department’s offices in Salem, Oregon before Cindy
Hunt, Hearing Officer.
The following people either testified at the hearing or submitted written testimony at the hearing:
Collette Peters – OYA Director – opposing rule
 Submitted written testimony.
 Research shows more school days is better for at-risk students.
 Minimum of 220 days accepted practice in most states.
 Most youth are behind grade level and there is a higher than average number who are receiving special
education.
 Understand budget issues, but loss of education for incarcerated youth is not good.
 OYA has youth who are from 12 to 24 years of age. Youth are released for different reasons including
aging out and predetermined sentences imposed by the court.
David Koch – Director of Mult Co. Juvenile Facility – opposing rule
 Submitted written testimony - youth receive services through Multnomah ESD
 12-18 year olds served – majority have been out of school right before they enter program so more
educational days are critical to putting them on right trajectory
 75 percent are receiving special education
 Half of youth in program are under Measure 11
 Youth are generally in facilities for shorter time period. There are 3 different populations:
1. 1-7 days, then back to community or shelter
2. 8 to 30 days
3. Measure 11 offenders – 90 days or over (up to a year or more)
Torri Lynn – Director of Linn County Juvenile Dept. – opposing rule
 20 bed detention center with average staying under 8 days
 Average 14 youth per day. Youth are in one class.
 Many have been affected by trauma with no support at home, learning disabilities, behavioral problems,
parents that don’t advocate for them
 Our staff follows up with the school after students leave our program, sometimes use tutors
Shannon Wight – Associate Director, Partnership for Safety & Justice – opposing rule
 Sees kids being successful in these settings – this is wrong place to make cuts
Genelle White – math teacher at Lord HS (MacLaren) – opposing rule
 10 years experience as teacher
 Sees multi-generational at MacLaren – parents incarcerated, then their kids and grandkids
 Over 60% at MacLaren are on IEPs
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Don’t understand why ODE did not include MacLaren in workgroup – as they are the largest YCEP
provider
What are the 5 inservice days on the calendar at three different times?
Where will the 2 mil. be saved?
Not a valid proposal
Letters from 2 students were read (one from student attending online college classes)
Student generally graduate when 19-20 years of age.
She teaches 12 students at a time in math classes, other classes are capped at 15 students. There is a
waiting list for math classes. Believes some kids not currently receiving math.
Joe Schaffer – SEIU - representing staff at OYA – opposing rule
 OYA has to provide basic care, including medical & dental
 Instructional days are important
 Too much idle time if hours/days are cut – causes kids to lose the attention and skill-building that they
need
 This is a reckless idea – the legislature should be making decisions
Paula Pena – current ODE staff – former Lord HS assistant to Genelle White – opposing rule
 When the Spanish teacher was laid off at Lord HS, she became the only bi-lingual and culturally
competent staff to teach Spanish
 If instructional days are cut, costs just transfer to OYA
 These students need extra one-on-one time
Jennifer Adarr – public comment – opposing rule
 Don’t want to lose money for kids who fall through the cracks, need to help out the worst kids
Respectfully submitted this 1st day of April, 2011
Cindy Hunt
Hearing Officer
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