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On October 19, 2023, the State Board voted to link requirements of the (OAR 581-021-0590 and OAR 581-021-0593) to Division 22 with the adoption of a new rule,. This new rule is in Chapter 581, Division 22, which includes all requirements that the Oregon legislature or the State Board has determined must be met in order to be a standard Oregon school district.  While the new Division 22 rule does not change the requirements or intention of the original, it will enhance ODE’s ability to provide technical support to schools and districts in their efforts to provide menstrual product options that are free and privately accessible to all students. 

The MDA helps to center student equity and menstrual dignity by requiring that school districts provide free menstrual products for all menstruating students in public schools, including elementary, middle, and high school students. 

Since the passing of this Act, the Oregon Department of Education has compiled a  which outlines requirements and recommendations for districts as they implement this in their schools.

To learn about the current status of implementation in èßäapp¹ÙÍø, please read this memo -

New State of the Period

For a third time, Thinx and PERIOD. have teamed up to report on insights and changes in period poverty and stigma from data gathered in their annual survey. This image from the study compares youth attitudes to adult attitudes regarding beliefs about menstruation.

The  continues to be the only publicly available study tracking the impact of period poverty — the inability to access menstrual products — among U.S. students. 

• èßäapp¹ÙÍø Statement on Gender Inclusive Classrooms
• èßäapp¹ÙÍø Statement on Gender Inclusive Bathrooms
• èßäapp¹ÙÍø Gender Diversity Support Guide - Resources and tools to support the èßäapp¹ÙÍø Administrative Directive on Transgender, Nonbinary, and Gender Diverse Youth
• èßäapp¹ÙÍø Administrative Directive 4.30.061-AD (Transgender and Gender Non-Conforming Students)
• èßäapp¹ÙÍø Board Policy 2.10.010-P (Racial Educational Equity Policy)
• èßäapp¹ÙÍø Board Policy 3.60.060-P Student Wellness through Nutrition, Physical Education, Physical Activity, and School-Based Activities
• èßäapp¹ÙÍø Board Policy 4.30.060-P (Non-Discrimination/Anti-Harassment)
• èßäapp¹ÙÍø Board Policy 4.30.070-P (Teen Dating Violence/Domestic Violence)
• èßäapp¹ÙÍø Board Policy 6.40.013-P (Comprehensive Sexuality Education)
• èßäapp¹ÙÍø Board Resolution 5189 (K-12)
• èßäapp¹ÙÍø Board Resolution 5252
  • Be it therefore resolved, the èßäapp¹ÙÍø Board of Education directs the superintendent to ensure that all students, kindergarten through fifth grade, in èßäapp¹ÙÍø shall have at least one full recess of a minimum of 15 minutes during the day in addition to one full recess during lunch time of not less than 15 minutes beyond a reasonable time for children to eat lunch.

Health Education:

• (Domestic Violence Education)

• (Suicide Prevention Policy and Education)

• SB 79 (7-12) - CPR

• (Substance Use & Abuse Prevention)

• (Child Sexual Abuse Prevention Instruction)

• ORS 339.366/HB 4077 (Healthy Teens Relationship Act)

• (Human Sexuality Education, K-12)

• (Harassment, Bullying, Cyber-bullying and Intimidation)

• (Teen Dating Violence and Domestic Violence)

• (District Curriculum)

• (Prevention Education in Drugs and Alcohol)

• (Human Sexuality Education)

• (Comprehensive Guidance and Counseling)

• (Equal Educational Opportunities)

• (Menstrual Dignity Act)

• (Oregon Equality Act)

Physical Education:

• (Physical Education Requirements)

• • 150 minutes per week of physical education for K-5 students. 225 minutes per week of physical education for 6-8 students. Half of the minutes must be spent with students involved in moderate to vigorous physical activity. Date of intended implementation: Fall 2017.

• • In 2007, the Oregon Legislature passed House Bill 3141. During the 2017 legislative session, Senate Bill 4 was passed to delay several of the physical education requirements and phase them in through the 2023-23 school year, among other changes.

  • House Bill 3199 further modifies the physical education requirements for middle school students to help alleviate some of the implementation challenges (e.g., gym space, shortage of PE teachers). The bill changes the middle school requirement from 225 minutes during each school week to an average of 150 minutes during each school week, as calculated over the duration of a school year. This allows districts to count minutes on a weekly basis or average weekly basis (e.g., 125 minutes in week 1 and 175 minutes in week 2 averages out to 150 minutes per week.) This additional flexibility will allow districts with block schedules to meet minute requirements without having to revamp middle school schedules drastically.

• • Every student in grades K-8 shall participate in physical education throughout the whole year. Minutes will be prorated for the following conditions: Regular school weeks which include closures for holidays, inservice, and parent-teacher conferences; school weeks with unintended school closures; time spent engaged in field trips and outdoor school; part time school programs such as 1/2 day kindergarten; irregular schedules; and each biennium in which a school district finds itself within a budget shortfall.

  • Schools may provide up to 45 minutes per week of instruction that meets the ODE state standards for physical education and is provided by a teacher who is licensed to work with the children but perhaps does not have a physical education endorsement so long as they have been reviewed and approved by a licensed teacher who DOES have a physical education endorsement.

  • All teachers of physical education for public school students in K-8 shall be adequately prepared and shall regularly participate in professional development activities to effectively deliver the physical education program.

  • Dates of intended implementation:

    • School Year 2019-20: 120 minutes of PE per week

    • School Year 2020-21: 150 minutes of PE per week

    • School Year 2021-22: 180 minutes of PE per week (Grades 6-8)

    • School Year 2022-23: Full Compliance

• èßäapp¹ÙÍø Board Resolution No. 5252

  • Be it therefore resolved, the èßäapp¹ÙÍø Board of Education directs the superintendent to ensure that all students, kindergarten through fifth grade, in èßäapp¹ÙÍø shall have at least one full recess of a minimum of 15 minutes during the day in addition to one full recess during lunch time of not less than 15 minutes beyond a reasonable time for children to eat lunch.

  • Be it therefore resolved, the èßäapp¹ÙÍø School Board recognizes the importance of daily physical activity and directs the superintendent to emphasize physical activity in our teaching and learning, not limited to the minimums stated in this resolution.

  • Recess is defined as “regularly scheduled periods within the elementary school day for unstructured physical activity and play”* but may include throughout the year some structured physical activity and play.

Adapted Physical Education Law and Policy

• Individuals with Disabilities Education Act (IDEA)

  • This law ensures students evaluated and identified as having a disability receive a free and appropriate public education that provides special education and/or related services. Special education is defined as specially designed instruction designed to meet the unique needs of an individual student and includes instruction in physical education. It’s important to note that physical and occupational therapy are related services, and cannot take the place of adapted physical education.

• Sec. 300.39 Special Education

  • General.

    • Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including–

      • Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
      • Instruction in physical education.
    • Special education includes each of the following, if the services otherwise meet the requirements of paragraph (a)(1) of this section–
  • Individual special education terms defined. The terms in this definition are defined as follows:
    
    • At no cost means that all specially-designed instruction is provided without charge, but does not preclude incidental fees that are normally charged to nondisabled students or their parents as a part of the regular education program.
    • Physical education means–
      • The development of–
        • (A) Physical and motor fitness;
        • Fundamental motor skills and patterns; and
        • Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports); and
      • Includes special physical education, adapted physical education, movement education, and motor development.

• Sec. 300.108 Physical education

  • The State must ensure that public agencies in the State comply with the following:

  • General. Physical education services, specially designed if necessary, must be made available to every child with a disability receiving FAPE, unless the public agency enrolls children without disabilities and does not provide physical education to children without disabilities in the same grades.

  • Regular physical education. Each child with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless–

    • The child is enrolled full time in a separate facility; or

    • The child needs specially designed physical education, as prescribed in the child's IEP.

  • Special physical education. If specially designed physical education is prescribed in a child's IEP, the public agency responsible for the education of that child must provide the services directly or make arrangements for those services to be provided through other public or private programs.
  • Education in separate facilities. The public agency responsible for the education of a child with a disability who is enrolled in a separate facility must ensure that the child receives appropriate physical education services in compliance with this section.

• Section 504 of the Rehabilitation Act of 1973

  • This law requires schools to provide assistance to students with special learning needs who do not meet eligibility criteria for special education under the provisions of the IDEA. Students covered under this law are provided a 504 plan, which outlines accommodations and modifications he or she needs to participate effectively in the regular curriculum including adapted equipment, different testing procedures, extra time to complete tasks, and any other changes that “level the playing field” in physical education. 

• US Department of Education Guidance Letters

  • OSEP Policy Letter - No Substituting for Mandatory PE

  • OSEP Policy Letter - Adapted PE for Individuals 3-5 Years of Age

  • OSEP Policy Letter - Adapted PE for Individuals 16-21 Years of Age

  • Dear Colleague Letter - Section 504

• Resources

• ODE Health Education Standards K-12 ()
• ODE Health Education Standards K-12 ()
• , including grade-level outcomes

• - Overview of the National Health Education Standards that serve as a framework for teachers, administrators, and policy makers when implementing Health Education in academic settings. (CDC.gov)
• - This document outlines the foundational knowledge and skills students need to navigate sexual development and grow into sexually healthy adults. Developed byFutures of Sex Education () - a collaboration between Advocates for Youth, Answer, and SIECUS. 

In March 2021, the èßäapp¹ÙÍø Board of Education unanimously passed Comprehensive Health Education Policy 6.40.013-P. This new policy formalizes the requirement that “students in grades K through 12 be taught Comprehensive Health Education that is medically-accurate, age and developmentally appropriate, culturally and linguistically sustaining, and implemented in safe and supportive learning environments where all students feel valued.”

The is a document that strives to complement this new policy. It is intended to provide district staff, school administrators, and educators, both new and experienced, with an overview of health education requirements across the state along with the Health Education team’s recommendations for teaching health education within èßäapp¹ÙÍø.

The Youth Risk Behavior Survey is a set of 96 questions that ask High School students about their health behaviors in a number of domains. Some of the subjects included are: physical activity, nutrition, sexual behaviors, and mental health. 

This survey was administered by Health & Physical Education staff in 2019, , and . Please select the hyperlinks to view each year's data report.

A K-12 crosswalk between the released in 2021, and