October 2025 Rules Notice: November Public Hearing & December State Board of Education Vote

November 18, 2025 Public Hearing

State Board of Education materials and all written public comments are posted to the State Board's online BoardBook approximately one week prior to each meeting. The public comment period for these rules is from October 16, 2025 - December 11, 2025, at 9:00 AM.  

The State Board of Education heard all but one of these administrative rule proposals as first reads on October 16, 2025. The State Board of Education will hold a first read for the SB 141 (2025) Bill Implementation - Education Accountability Act Definitions and Metrics proposed rule set on Thursday, November 6, 2025. All of these proposed rules are scheduled for a vote at the December 11, 2025, State Board of Education meeting.  

You may join the public hearing on zoom by clicking here. For more information about accessing the meeting or providing written comment, please refer to our public hearing instructions here. ODE will hold a public hearing on the proposed rules on Tuesday, November 18, 2025, from 3:00 – 4:00 pm:

We welcome your comments on the proposed rules. If you would like to submit public comment on the proposed rules, you may:

• Attend a State Board of Education meeting and provide public comment. Information on board meetings and providing public comment is available on the State Board Meetings web page.
• Submit your comments in writing to the ODE Rules Coordinator.
• Submit your comments to the State Board of Education.
• Contact ODE’s Rules Coordinator if you have questions about the hearing.

The rules below are organized by rule title with a link to the rule draft, followed by the fiscal impact statement, and then the statement of need.

ODE will hold a public hearing on the proposed rules on Tuesday, November 18, 2025, from 3:00 – 4:00 PM: 

SB 141 (2025) BILL IMPLEMENTATION - EDUCATION ACCOUNTABILITY ACT DEFINITIONS AND METRICS PROPOSED NEW RULES​

Fiscal Impact Statement: The Department does not anticipate any significant economic impact on school districts or business as a result of the adoption of these rules. The development of growth targets is built upon work that has already done by school district as part of their Student Investment Account and now Integrated Program applications​.

Statement of Need: The 2025 Education Accountability Act requires The Department, in rule, to establish definitions of student group, definition of 3rd grade reading proficiency, definition of 8th grade math proficiency, local metrics, differentiated metrics, statewide performance targets, and performance growth targets.

SB 141 (2025) AND HB 2009 (2025) BILL IMPLEMENTATION - EDUCATIONAL ACCOUNTABILITY ACT INTERIM ASSESSMENTS​

Fiscal Impact Statement: Many of Oregon's districts already have interim assessments in place. However, some do not and will need to purchase from the approved list. If the vendors on the approved list are not already in place in the district, the district may need to add or replace current assessments, as well. Costs for these systems have a wide range for the tools, typically with additional fees for training, expanded reporting, and technical assistance.

Statement of Need: The State Board of Education has been charged by Oregon's Education Accountability Act with selecting four interim assessments in language arts and mathematics that districts will administer three times per year in grades K-8 beginning in the 2026-27 school year.

SB 141 (2025) BILL IMPLEMENTATION - STRENGTHENING AND EXPANDING INSTRUCTIONAL MATERIALS: REMOVING PUBLISHER FEES

​Fiscal Impact Statement: The elimination of the publisher fee system will result in a more robust list of material options available for Oregon school districts to choose from off the State Board approved list. This means that districts will conduct fewer independent instructional materials adoptions, which can be costly and labor intensive, resulting in cost savings at the local level. Additionally, more options on the State Board approved lists will provide more variety, including Open Educational Resources (OER) options, that are available at different price points, potentially reducing the costs for districts. Additionally, small publishers may be more inclined to submit high-quality instructional materials with less of a financial obstacle to do so.

Statement of Need: The passage of SB 141 (June 2025) repealed the publisher fee requirements for Oregon’s instructional materials evaluation process. Specifically, Section 27 of the bill repealed ORS 337.065, the statute outlining the procedures for collecting publisher fees for submitting materials, thereby eliminating the publisher fee system. As a result, SB 141 requires the immediate repeal and amendment of all Oregon Administrative Rules that reference ORS 337.065 or otherwise govern the publisher fee system.

This fundamental change to the operation of Oregon’s instructional materials program requires a redesign of the evaluation and adoption process. Planning and engagement efforts to support this transition will continue through Spring 2026.

PROGRAM AND BUDGETING MANUAL (PBAM) UPDATE - PROPOSED RULE REVISION

Fiscal Impact Statement: The amendment of the rule itself does not create a direct fiscal impact. However, implementation of the updated Program Budgeting and Accounting Manual (PBAM) may result in initial local costs as districts update their accounting systems, internal procedures, and staff training to align with the revised chart of accounts and reporting structure. These impacts are expected to be temporary and offset over time by improved consistency, reduced reporting burden, and greater efficiency in financial data management and state reporting.

Statement of Need: The Program Budgeting and Accounting Manual (PBAM) provides accounting and budgeting guidance to Oregon’s education agencies and establishes the framework for coding and reporting financial data. This information is submitted to ODE and used to inform State School Fund payments, grant compliance, and fiscal transparency reporting.

Amendment of this rule is required for the State Board of Education to formally adopt the updated 2027 edition of the PBAM. The revised manual modernizes and reorganizes the chart of accounts to align with federal and state standards, reduce reporting burden, clarify and consolidate account codes, and strengthen consistency in financial data statewide.​

For more information about the work relating to the PBAM update, please visit this ODE website.

HB 3007 (2025) BILL IMPLEMENTATION: ACCOMMODATIONS FOR STUDENTS WITH BRAIN INJURIES TEMPORARY-TO-PERMANENT RULEMAKING

Fiscal Impact Statement: Adoption of permanent OAR 581-021-3007 is expected to have only a minor fiscal impact for both state agencies and school districts. For state agencies, costs would primarily involve coordination, training resources, and maintaining standardized forms. For school districts, expenses may include limited staff training, communication materials, and recordkeeping, but no significant new staffing or infrastructure is anticipated. By leveraging existing systems, the small upfront costs are expected to be offset by long-term efficiencies, clearer processes, and improved student outcomes.

Statement of Need: This rule is needed to clarify that procedures developed by the Department must be used by public education providers to develop and implement an immediate and temporary accommodations plan for a student who has been diagnosed with a concussion or other brain injury in alignment with intent of HB 3007. This rule also clarifies the use of a, "sample form" as well as to clarify terms named in HB 3007 (2025).

Additional Links in Association with the Rule:

• Immediate and Temporary Accommodations Plan for Traumatic Brain Injury Form
• Required Procedures for Student Concussion or other Brain Injury

SURROGATE PARENTS AND TRANSFER OF PROCEDURAL RIGHTS AT AGE OF MAJORITY TEMPORARY-TO-PERMANENT RULE REVISIONS​

Fiscal Impact Statement: The proposed rule changes are not expected to have any fiscal impact on the Oregon Department of Education; all work will be absorbed by existing staff. The fiscal impact for units of local government (school districts and ESDs) is expected to be minimal or potentially positive. By establishing standardized procedures, the amendments create predictability and may reduce costs for districts by providing a clear framework for legally ambiguous situations, reducing the need for costly legal consultation. There are no anticipated economic impacts to the public.

Statement of Need: The proposed permanent rules are necessary to close a significant regulatory gap that was temporarily addressed by Board action in June 2025. Without permanent adoption, the temporary rules will expire in December 2025, reopening the gap and creating procedural uncertainty for districts, risking service disruption for vulnerable students, and creating compliance concerns with federal IDEA requirements under 34 CFR § 300.520(b).