The Director of the Department of Education may grant waivers as follows:

1. (1)

   1. (a) Waiver of a specific standard: To address an immediate concern or need, a school district may petition the Director for a waiver of a specific standard. A petition shall specify the reason(s) the district is seeking the waiver and other relevant information. If it is determined that the request conforms with the intent of the standards, the Director shall recommend the waiver to the State Board. Waivers under this provision may be granted for up to one year.
   2. (b) Waiver of Required Instructional Time: Notwithstanding section (1)(a) of this rule, the State Board of Education may not grant waivers for the instructional time requirement set forth in OAR 581-022-2320, except in the case of declared national or state disaster or public health emergency.

2. (2) Educational Flexibility Partnership Demonstration Act (Ed-Flex) Waiver:

   1. (a) This federal Act allows school districts to request a waiver of statutory or regulatory requirements under the following federal programs or Acts:

      1. (A) Elementary and Secondary Education Act (ESEA) Title I, Helping Disadvantaged Children Meet High Standards;
      2. (B) ESEA Title II, Teacher Quality;
      3. (C) ESEA Title IV, Safe Drug Free Schools;
      4. (D) ESEA Title V, Innovative Education Program Strategies;
      5. (E) ESEA Title VII, Part C — Emergency Immigrant Education;
      6. (F) Carl D. Perkins Vocational and Applied Technology Education Act.
   2. (b) The application must demonstrate that the school district, if the waiver is granted, will still meet the underlying purposes of the federal statutory requirements. The request of an Ed-Flex Waiver must be made on the appropriate application form available from the Department of Education. Waivers under this provision may be granted for periods not to exceed five years.

3. (3) ADM Report Waivers:

   1. (a) “ADM” means average daily membership as defined in ORS 327.006(3).
   2. (b) If a state of emergency is declared pursuant to ORS 401.165 et. seq., and all public schools are closed by order of the Governor, the Director may waive a report of ADM that is otherwise required under ORS 327.133.

Statutory/Other Authority

ORS 326.051 & ORS 327.133

Statutes/Other Implemented

ORS 326.051, ORS 329.077, ORS 329.555 & ORS 327.133

History

ODE 13-2026, temporary amend filed 04/17/2026, effective 04/20/2026 through 10/16/2026
ODE 10-2024, temporary amend filed 02/16/2024, effective 02/16/2024 through 08/13/2024
ODE 31-2020, amend filed 06/24/2020, effective 06/24/2020
ODE 19-2020, temporary amend filed 04/23/2020, effective 04/23/2020 through 10/19/2020
ODE 44-2018, renumbered from 581-022-1920, filed 12/11/2018, effective 12/11/2018
Reverted to ODE 25-2008, f. & cert. ef. 9-26-08
ODE 2-2017(Temp), f. & cert. ef. 2-1-17 thru 7-24-17
ODE 25-2008, f. & cert. ef. 9-26-08
ODE 11-2002, f. & cert. ef. 4-12-02
EB 2-1997, f. & cert. ef. 3-27-97