Office of Student Learning & Partnerships
The Oregon Administrative Rule Referencing 11% Cap Waiver
OREGON DEPARTMENT OF EDUCATION
581-023-0100 Eligibility Criteria for Student Weighting for Purposes of State School Fund
(2) (b) Districts may apply for an exception to the 11 percent ceiling. Applications are to be made on forms provided by the Department. Upon receipt of the application the Superintendent may conduct a complete review of a district's special education records. The Superintendent shall develop a process for conducting such reviews which will include the following elements:
(A) Comparison of district claims with those submitted by other districts;
(B) Participation of school district and education service district staff in the review. No district staff shall be asked to review claims submitted by the employing district.
(c) After considering the recommendations of the review committee the Superintendent may allow all or a portion of the requested added weighted ADM over 11 percent;
(d) The Superintendent shall make the determination of approval for funding above the 11 percent limitation. Such determination may be appealed for review by the State Board of Education according to a process established by the Superintendent;
(e) If the review indicates that a district has claimed ineligible special education students, the Superintendent also shall withhold the related federal funds from the district, pursuant to OAR 581-015-0049;
(f) A district must submit an application for an exception to the 11 percent ceiling no later than six months after the close of the year for which payment is being sought. Payments for allowable exceptions shall be made in the following school year as part of the May 15 payment.