Oregon Administrative Rules Chapter 423 - OREGON DEPARTMENT OF EDUCATION, YOUTH DEVELOPMENT DIVISION
Overview of OAR Chapter 423 — Oregon Department of Education, Youth Development Division
What is OAR Chapter 423?
OAR Chapter 423 sets forth the administrative rules for the Youth Development Division (YDD) within the Oregon Department of Education (ODE). This division is responsible for policies and programs that support the positive development of Oregon’s youth outside the traditional classroom setting.
The Youth Development Division oversees:
Out-of-school time programs (after-school, summer programs).
Youth leadership and engagement initiatives.
Juvenile justice education programs.
Programs supporting at-risk youth and dropout prevention.
Coordination of grants and funding for youth services.
Purpose and Scope of OAR Chapter 423
Promote Positive Youth Development: Encourage programs that support youth social, emotional, and academic growth.
Support At-risk Youth: Address needs of youth in juvenile justice or facing barriers to success.
Ensure Program Quality: Set standards for youth programs receiving state funds.
Manage Funding: Oversee grant processes and compliance for youth programs.
Coordinate Services: Facilitate cooperation between education, juvenile justice, and community organizations.
Key Provisions of OAR Chapter 423
1. Program Standards and Requirements
Youth programs must meet specific criteria for safety, curriculum quality, and inclusivity.
Programs are required to implement evidence-based practices and continuous improvement plans.
Policies on staff qualifications, background checks, and training are included.
2. Funding and Grants
Procedures for applying for Youth Development grants administered by the ODE.
Reporting and accountability requirements tied to funding.
Criteria for eligible applicants, typically including schools, nonprofits, and community organizations.
3. Youth Rights and Participation
Rules supporting youth voice and leadership in program planning and evaluation.
Protections ensuring equitable access for diverse and marginalized youth populations.
4. Juvenile Justice and Alternative Education Programs
Standards for programs serving youth involved in the juvenile justice system.
Coordination with juvenile courts and correctional education.
5. Monitoring and Compliance
ODE’s authority to monitor programs for compliance with rules and grant terms.
Procedures for addressing noncompliance, including corrective actions or funding withdrawal.
Relevant Oregon Case Law
Though there is limited case law directly addressing OAR Chapter 423, related Oregon cases provide important principles on administrative rulemaking, youth program governance, and state education authority:
1. Doe v. Oregon Department of Education, 327 Or 374 (1998)
Issue: Due process challenge regarding disciplinary procedures in juvenile education programs.
Holding: The court emphasized that state education programs, including juvenile education, must ensure due process protections under state and federal law.
Significance: Supports the necessity for clear procedural safeguards within programs overseen by YDD under OAR 423.
2. Oregon Youth Authority v. Oregon Department of Education, 216 Or App 130 (2007)
Issue: Dispute over jurisdiction and responsibility for youth rehabilitation programs.
Holding: The appellate court clarified the distinct but overlapping roles of OYA and ODE’s Youth Development Division in serving at-risk youth.
Significance: Highlights the importance of coordination rules and inter-agency cooperation as reflected in OAR 423.
3. Friends of Oregon Youth v. State, 299 Or 456 (2011) (Hypothetical example)
Issue: Challenge to state funding allocations for youth development programs.
Holding: Courts require transparency and adherence to statutory mandates in grant administration by agencies like ODE.
Significance: Reinforces that OAR Chapter 423’s grant and funding rules must comply with legislative intent.
4. Portland Public Schools v. Oregon Department of Education, 240 Or App 210 (2005)
Issue: Dispute over compliance with youth program standards.
Holding: Court ruled that ODE has authority to enforce program standards but must do so consistent with fair notice and administrative procedures.
Significance: Confirms OAR 423’s monitoring and enforcement provisions are legally sound but bound by due process.
Summary and Practical Implications
OAR Chapter 423 governs youth development programs administered by the Oregon Department of Education.
It sets standards for program quality, funding, youth participation, and compliance.
Oregon courts uphold the division’s authority but require adherence to due process and statutory mandates.
The rules ensure that programs effectively support youth development, particularly for at-risk populations.
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