1. (1) Before permanently adopting, amending or repealing any rule, the State Board of Education shall give notice of the proposed adoption, amendment or repeal:

   1. (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule to be adopted;
   2. (b) By mailing or e-mailing, at least 28 days before the effective date of the rule, a copy of the notice to persons on the State Board of Education's mailing list established pursuant to ORS 183.335(8);
   3. (c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective day of the rule;

   4. (d) By mailing or e-mailing a copy of the notice to the following persons, organizations or publications:

      1. (A) Associated Press;
      2. (B) Oregon Education Investment Board;
      3. (C) Chancellor's Office, Oregon University System;
      4. (D) Community Colleges and Workforce Development Department;
      5. (E) Teacher Standards and Practices Commission;
      6. (F) Early Learning Council;
      7. (G) School districts, education service districts and public charter schools;
      8. (H) Confederation of Oregon School Administrators;
      9. (I) Oregon Community College Association;
      10. (J) Oregon Education Association;
      11. (K) Oregon Federation of Teachers;
      12. (L) Oregon School Boards Association;
      13. (M) Oregon School Employees Association;
      14. (N) Oregon Association of Education Service Districts;
      15. (O) Chalkboard Project;
      16. (P) Stand for Children;
      17. (Q) Disability Rights Oregon;
      18. (R) Other established educational, student and parent organizations that have submitted mailing or e-mailing addresses; and
      19. (S) Capitol Press Room
2. (3) Persons who wish to be placed on the State Board of Education's mailing or e-mailing list may request in writing or by e-mailing that the Department of Education send to the person copies of its notice of proposed rulemaking.
3. (4) The Department may update the mailing and e-mailing lists described in this rule annually by requesting persons to confirm that they wish to remain on the lists. If a person does not respond to a request for confirmation within 28 days of the date the Department sends the request, the Department will remove the person from the mailing and e-mailing lists. Any person removed from the mailing or e-mailing lists will be returned to the mailing or e-mailing list upon request, provided that the person provides a mailing address or e-mailing address to which notice may be sent.

4. (5) Prior to any adoption, amendment or repeal of a rule (including policies and procedures) related to the implementation of the Individuals with Disabilities Education Act (IDEA) the Department shall:

   1. (a) Provide notice to the mailing and e-mailing groups maintained under this rule at least 30 days prior to the effective date of the rule;
   2. (b) Provide any notice necessary to ensure that persons and institutions affected by the rule have a reasonable opportunity to provide public comments;
   3. (c) Conduct a public hearing on the rule and provide notice of the public hearing at least 30 days prior to the date of the hearing; and
   4. (d) Review and consider all public comments received during the public hearing or during the public comment period.

Statutory/Other Authority

ORS 183.335 & 183.341(4)

Statutes/Other Implemented

ORS 183.335

History

ODE 9-2012, f. 3-30-12, cert. ef. 4-2-12
EB 11-1994, f. & cert. ef. 10-3-94
1EB 15-1984, f. & cert. ef. 9-27-84
1EB 8-1980, f. & cert. ef. 4-17-80, Renumbered from 581-061-0040
1EB 206, f. 12-5-75, cert. ef. 12-26-75