1. (1) Authority: The authority for this rule is granted to the Director of the Department of Corrections (DOC) in accordance with ORS 179.040, 421.084, 423.020, 423.030, 423.075, and 423.085.
2. (2) Purpose: The purpose of this rule is to establish uniform requirements for the correctional education programs offered in Department of Corrections facilities.

3. (3) Policy: It is the policy of the Department of Corrections, within the resources available, to provide educational programs that are responsive to the assessed needs of adults in custody (AICs).

   1. (a) Pursuant to ORS 179.750(2), there will be no discrimination in the provision of education facilities and services in state institutions, including those administered by the Department of Corrections, on the basis of age, race, religion, gender, gender identity, marital status, national origin, disability, or any other protected class. Criteria for selection and assignment to these programs shall be equitable and nondiscriminatory for all participants based on the adult in custody’s interest, academic need, aptitude, prior academic record, and career goals as identified at the time of admission to a Department of Corrections facility.

   2. (b) Pursuant to ORS 421.084, adult basic skills development education is mandatory for all adults in custody testing below the 8.0 grade equivalency on a standardized reading test approved by the National Reporting System for Adult Education of the United States Department of Education and by the Adult Basic Skills Program of the Office of Community Colleges and Workforce Development except for adults in custody:

      1. (A) Sentenced to or otherwise confined by the Department of Corrections for less than one year;
      2. (B) Sentenced to life imprisonment without parole;
      3. (C) Sentenced to death;
      4. (D) With developmental disabilities; or
      5. (E) Who are specifically exempted by the Department of Corrections for security or health reasons.
   3. (c) Participation in educational programs is by mutual agreement between the adult in custody and the appropriate institutional staff including, but not limited to, admission and orientation, education, and security. Reassessment may also be conducted at the request of the AIC, educational staff, or the AIC's counselor at any subsequent time.

Statutory/Other Authority

ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085

Statutes/Other Implemented

ORS 179.040, 421.084, 423.020, 423.030, 423.075 & 423.085

History

DOC 11-2023, amend filed 05/24/2023, effective 05/24/2023
DOC 7-2003, f. & cert. ef. 4-2-03
CD 9-1994, f. 3-18-94, cert. ef. 4-1-94
CD 24-1986, f. & ef. 8-5-86
CD 7-1986(Temp), f. 4-18-86, ef. 5-15-86
CD 56-1981, f. & ef. 12-10-81
CD 27-1981(Temp), f. & ef. 6-30-81
CD 4-1980, f. & ef. 3-28-80
CD 14-1978, f. & ef. 7-21-78
CD 10-1978(Temp), f. & ef. 5-5-78