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To: Superintendents, ESD Superintendents, K-12 Public Information Officers and Charter School Leaders
From: Dr. Charlene Williams, Director, Oregon Department of Education
Date: Monday, January 22, 2024
Re: Instructional Time Requirement Update in Response to Governor’s Statewide Emergency Declaration
Dear Education Community,
It is clear that this latest ice storm has brought widespread damage and disruption to our state; so significant, in fact, that the Governor declared a statewide emergency on January 18, 2024. I’ve been buoyed by the many stories of leaders working together to help mitigate damage and showing up around the clock to help check on buildings and care for students and employees. The level of care and humanity you demonstrate anchors staff, students and families during this unexpected disruption.
The storm affected the ability of many schools to open and operate; for some of you, this disruption will continue into the coming week due to the extensive nature of the damage. You are working tirelessly to restore buildings, all while simultaneously reworking secondary finals schedules and seeking solutions for how to best make up instructional time. We have heard your requests for support and care about being responsive in designing a solution path forward as it relates to Division 22 Instructional Time Requirements set forth in OAR 581-022-2320.
As a short term solution, ODE will pursue a temporary rule with the State Board of Education during the next State Board of Education meeting on February 15th that would provide districts up to 14 hours of instructional time due to school closures caused by extreme weather. (Note: Our temporary rule proposal of 14 hours is subject to adjustment should additional weather events occur between now and the next State Board Meeting).
Temporary Rule Language:
“For the 2023-24 school year, a school district or public charter school may request permission to include in its calculation of instructional time required by OAR 581-022-2320 up to 14 hours for missed instructional time due to emergency school closures for adverse weather conditions and facilities failure. The request must be made in writing to the Deputy Superintendent of Public Instruction. The request must include a statement that the request is made with the approval of the school district’s or charter school’s governing school board and must include relevant information explaining why the district or charter school needs the permission. The Deputy Superintendent is authorized to grant permission under this section without obtaining approval from the State Board of Education.”
Under the proposed temporary rule, districts faced with a significant number of lost days due to inclement weather would have two options for the 2023-24 school year.
First, districts could request permission under 581-022-1920(3) to count towards the instructional time requirement up to 14 hours for emergency school closures due to adverse weather conditions and facilities failures. Requests would be submitted in writing to ODE.
Second, if 14 hours is not enough given the impact the storm had on school facilities and operational capacity, a district may request a one-year waiver of the instructional time requirement, the district would have the option of making a request under the Division 22 waiver provision in OAR 581-002-0035(1). Requests for a Division 22 waiver must be made in writing and must be approved by a vote of the State Board. Districts seeking a waiver should be directed to contact Susan Payne - susan.payne@ode.oregon.gov - who currently manages that process.
We understand the importance of this temporary rule being in place quickly so that districts will have the certainty they need to plan for the remainder of the school year, especially given that future weather events may yet occur this winter.
In the meantime, I hope that this communication provides clarity during what I know has been a very stressful time. Keep moving forward and know that the more we rely on one another and harness the strength that comes from repairing and rebuilding, we emerge more resilient. I’m very thankful for all that you do in service of our students and families.
Alongside you,
Dr. Williams
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