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What is the difference between policies that are required, conditionally required, highly recommended, or optional
All policies and administrative regulations (AR) have been designated as required, conditionally required, highly recommended or optional. These designations are indicated on each OSBA model sample policy or AR in the revision reference located in the lower left-hand corner. The first letter(s) in the revision reference designates the requirement, the date that follows indicates the last date the policy or AR was revised, and the ending initials are an internal code indicating the lead author of the last revision.
R2/26/09 | SL – “R” means the policy is required. The language in a required policy is mandated by law and must be adopted by the board.
CR2/26/09 | SL – “CR” means the policy is conditionally required. These policies are typically required in particular circumstances, such as a connection to a service or program; the board must adopt policy.
HR2/26/09 | SL – “HR” means the policy is highly recommended. These policies are often written in response to legal requirements but the law does not indicate the board shall adopt policy. OSBA highly recommends adopting policy in these areas because they typically address highly controversial issues.
2/26/09 | SL - No letter preceding the number means the policy is designated as optional however the topic may still be in law or may provide guidance for administration.
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Does the public have a right to speak at a board meeting?
Districts are not required to have public comment at all meetings (some instances require public comment, i.e., hiring a superintendent or a budget hearing, ). The Oregon Attorney General’s Public Records and Public Meetings Manual states: “The Public Meetings Law is a public attendance law, not a public participation law….The right of public attendance guaranteed by the Public Meetings Law does not include the right to participate by public testimony or comment.”
Of course, it is a good practice to include a public comment period on the agenda, and most boards do. Many boards have a policy stating that there will be a public comment period offered at regular meetings, in fact. But it’s important to remember that the law does not require this in most cases, and a board can develop rules around its public comment period (adding time limits, for example). -
What does a board do if a member of the public wants to complain about a staff member in a public meeting?
Boards should make clear to the public that they cannot hear complaints about staff members during public comment time. This is in part due to the rights afforded the person that is being complained about.
In ORS 192.660(2), there are provisions to go into executive session for a number of reasons. Two of those reasons, complaints against an employee or officer and the evaluation of an employee, reserve the right to make a decision regarding open or executive session to the person that the complaint or evaluation are about. In those situations, the governing body is required to provide that individual with at least 24 hours' notice of the meeting, giving them sufficient time to make an informed decision about hearing the complaint in open or closed session. If a member of the public has a complaint about a staff member, they can file the complaint through the appropriate procedures as outlined in policy, and through the appeals process, it may be brought before the board when appropriate. -
How come the board members don't engage during public comment?
Public comment at board meetings is an opportunity for the public to inform the board on topics on the agenda or of general interest to the public. As indicated by OSBA, board members should not respond to public comments. This is a time for members of the public to express their views.
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What do I do if I have a complaint or concern with an employee?
A parent or guardian of a student attending a school in the district, or a person who resides in the district, a
staff member, or a student who wishes to express a concern should discuss the matter with the school
employee involved. If the individual is unable to resolve a problem or concern with the employee, the individual may file a written, signed complaint with the administrator within five working days of the employee's response.
Complaints or concerns should always start with the individual and if not resolved move to their supervisor. If it is not resolved at that level it would go to the superintendent. If it was not resolved at the superintendent level it would go to the school board.
(Policy KL-AR) -
What is the difference between a Board meeting, a work session, and an executive session?
REGULAR MONTHLY BOARD MEETINGS are held the second Monday of each month unless otherwise noted. Click here for the board meeting dates. Regular board meetings are meetings of a quorum of the board in public to discuss district business.
WORK SESSIONS are meetings of a quorum of the Board in public to study issues, gather and analyze information, and clarify problems. Work sessions are held the fourth Monday of September, October, January, February, April, May, and June.
The board may meet in EXECUTIVE SESSION to discuss subjects allowed by statute but may not take final action, except for specific instances pertaining to student matters. Executive sessions may be held during regular, special or emergency meetings for any reason permitted by law.
Content discussed in executive sessions is confidential. Members of the media may attend executive sessions, except in specific instances. (Board policy BDC)
All board meetings are subject to public meeting laws. -
How can the public participate (raise concerns) and how can the public speak at a board meeting (the process of how to speak to the board).
How to connect with the Scappoose School District's Board of Directors. This is posted on the website under Board of Education, click here.
The Board welcomes visitors to our meetings and values comments from district patrons that improve the quality of education for students. Visitors wishing to speak during the regular board meeting may complete the Comments from Visitors form. The form must be completed and submitted by noon on the day of the regular board meeting. The Board, at its discretion, may require that a proposal, inquiry, or request be submitted in
writing and reserves the right to refer the matter to the administration for action or study. We must require, however, that complaints be directed through the administration for resolution. Comments made during this session must be free of abusive language, personal attacks on district personnel, and not directed towards any department, which, due to its low staffing, would amount to an attack by affect naming district personnel. We also ask that presentations be limited to three (3) minutes per person and thirty (30) minutes total for public comments. If several people wish to come to discuss a specific topic, please designate one person to sign up and speak. You will be asked to state your name and city of residence before speaking. -
Does the school board have authority to enact a COVID-19 vaccine mandate?
The short answer is yes, however, as a district we have no plans to enact a COVID-19 vaccine requirement for students. If a COVID-19 vaccine became part of the required immunizations from the state for K-12 students we would follow the law. Additional information can be found here.
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What does a school board do?
The boards major responsibility is setting policy. The board hires a superintendent who in turn hires staff to put policies into practice. The superintendent is accountable to the board for managing the district according to board policies.
Board members must also do the following:
• Establish Budgets
• Set goals, evaluate progress toward those goals
• Ask voters to approve bond measures and local option levies for facilities and operations
• Guide collective bargaining
• Choose transportation systems
• Evaluate the superintendent -
Does Oregon’s mandatory mask requirement in schools come from a law?
Yes. Oregon’s mandatory mask requirement for schools is found in OAR 333-019-1015. Like Oregon state statutes, Oregon administrative rules are laws. See ORS 183.310 and Bronson v. Moonen, 270 Or. 469, 476, 528 P.2d 82, 85 (1974) ("Administrative rules and regulations are to be regarded as legislative enactments having the same effect as if enacted by the legislature as part of the original statute.")
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Does the vaccine requirement for school staff and volunteers come from a law?
Yes. Oregon’s mandatory vaccine requirement for school staff and volunteers is found in OAR 333-019-1030. Like Oregon state statutes, Oregon administrative rules are laws. See ORS 183.310 and Bronson v. Moonen, 270 Or. 469, 476, 528 P.2d 82, 85 (1974) "Administrative rules and regulations are to be regarded as legislative enactments having the same effect as if enacted by the legislature as part of the original statute." Read about OHA's legal ability to adopt rules to control communicable diseases in an explanatory letter from OHA Director Patrick Allen.
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Does our liability insurance carrier cover us if we don't comply with the state mandates?
For a school to benefit from HB 4402’s limited liability protection, it must be in compliance with all current “COVID-19 Emergency Rules.” This includes all guidance issued by the Oregon Department of Education and the Oregon Health Authority.
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Do the guidelines change in districts depending on county or area vaccination rates?
The Oregon Health Authority allows Local Public Health Authorities to consider a shortened quarantine period for a person with COVID-19. Each county has it's own LPHA.