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To: District Superintendents and K-12 Public Information Officers
From: Jennifer Patterson, Assistant Superintendent, Office of Teaching, Learning and Assessment
Date: January 23, 2023
Re: Adjusted Division 22 Compliance Timeline: PE Requirements
Dear Superintendent,
Thank you for your leadership and all of the work you do in service of the students, staff, and families in your community. This communication outlines important information with regards to Division 22 and the timeline for implementing corrective action on OAR 581-022-2263 PE Requirements.
The Oregon Department of Education (ODE) is offering an extended timeline to any district that first reported out of compliance with the PE Requirements rule on its Division 22 Standards assurances for either the 2020-21 or 2021-22 school year.* By creating this path, ODE encourages transparency and offers districts a reasonable timeline to reach compliance with the PE minutes standard.
Why extend the timeline?
The adjustment to the timeline was made for the following reasons:
1. Inequities in the Amount of Time Districts Have to Implement - For 2020-21, the State Board of Education waived the specific PE minutes requirements, but districts were still required to offer PE all year. This has resulted in a shorter implementation timeline for districts that reported out of compliance with both parts of the rule (all year + minutes), rather than just the second part of the rule (minutes). ODE does not want to penalize districts that have been transparent in reporting and are making a good faith effort to come into compliance.
2. Complexity of Corrective Action Plans - For many districts, coming into compliance requires significant changes to school schedules, improvements to facilities, and/or adjustments to staffing assignments and FTE; these complex corrective action plans can take several years to plan for and implement effectively.
When is the deadline for completing corrective action for the PE Requirements rule?
All districts will have up to three years to come into compliance, beginning with the current school year, as long as they meet certain conditions. The PE Requirements Timeline one-pager includes three differentiated pathways based on the year in which the district first reported non-compliance; each pathway outlines the district’s projected status for each year of an extended timeline. All districts will be required to be in compliance with the PE Requirements standard by the beginning of the 2025-26 school year.
*Note: Districts that report out of compliance with this rule on their 2022-23 assurances will follow the standard timeline. It allows them to request up to a one year extension and if granted, requires that all corrective action be complete by the beginning of the 2025-26 school year.
Is my district eligible for an extended timeline?
Any district that meets the specific criteria set out below will have until the beginning of the 2025-26 school year to come into compliance with the PE Requirements standard, without penalty.
- District must report noncompliance on annual assurances;
- A district that receives a complaint and is found to be out of compliance on appeal to ODE will not be eligible for an extended timeline;
- District must submit a corrective action plan that is approved by ODE;
- If the district cannot complete corrective action before the beginning of the next school year, the district may request an extension of up to 12 months. The request must include a detailed progress report documenting action taken to date and an updated corrective action timeline (template)*;
- For districts that reported out of compliance for the 2020-21 or 2021-22 school years only: If the district cannot complete corrective action before the end of the 12-month extension, the district must submit a request for an additional year to come into compliance. That request must include a detailed progress report documenting action taken to date and an updated corrective action timeline.
*The 7 districts that had an “out of compliance” status for the 2020-21 school year will receive a follow-up email with instructions for how to submit an extension request that will apply through the beginning of the 2023-24 school year.
Resources and Support
ODE has developed multiple resources to support districts in understanding the adjusted timeline and planning for corrective action:
In addition, ODE specialists will provide implementation support and technical assistance, and will be available to answer questions and collaboratively problem-solve during drop-in office hours sessions over the next several weeks. Dates, times, and registration links can be found on the PE Requirements Timeline one-pager.
Individualized support will also be provided in outreach meetings as part of the Division 22 Standards assurances process. In February, ODE will send notifications to districts included in this outreach effort with scheduling instructions.
Thank you for your continued efforts to honor and uphold the Division 22 Standards. If you have any questions or are in need of additional support, we are happy to assist you:
Please direct questions regarding the adjusted PE Requirements timeline to Division22@ode.oregon.gov or call Susan Payne, Education Standards & Systems Specialist, at (503) 580-6814. For other questions regarding the PE Requirements, reach out to Suzanne Hidde, PE and Health Education Specialist by email or phone at (971) 208-0395.
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