OAR 581-021-0071: District Information for Parents and Students Regarding the Availability of Alternative Education Programs

(1) The following definitions apply to this rule: (a) “Erratic attendance” means the student is frequently absent to the degree that he/she is not benefiting from the educational program; (b) “Notification” means written notice, by personal service or certified mail, to the parent or guardian and student as required by ORS 339.250(6). (2) District school boards shall adopt policies and procedures for notification to students and parents, or guardians of the availability of appropriate and accessible alternative programs. This notification shall be provided in the following situations: (a) Upon the occurrence of a second or any subsequent occurrence of a severe disciplinary problem within a three-year period; (b) When the district finds a student’s attendance pattern to be so erratic that the student is not benefiting from the educational program; (c) When the district is considering expulsion as a disciplinary alternative; (d) When a student is expelled pursuant to subsection (2) of ORS 339.250; and (e) When an emancipated minor, parent, or legal guardian applies for a student’s exemption from compulsory attendance on a semiannual basis as provided in ORS 339.030(2). (3) The notification must include but is not limited to the following: (a) Student action which is the basis for consideration of alternative education; (b) Listing of alternative programs available to this student for which the district would provide financial support in accordance with ORS 339.620 except that when notice is given in accordance with subsection (2)(e) of this rule the district shall not be obligated to provide financial support; (c) The program recommended for the student based on student’s learning styles and needs; (d) Procedures for enrolling the student in the recommended program; and (e) When the parent or guardian’s language is other than English, the district must provide notification in manner that the parent or guardian can understand. (4) The district shall inform all parents or guardians of the law regarding alternative education and educational services available to students by such means as a statement in the student/parent handbook, notice in the newspaper, or an individual letter to a parent. (5) District school boards shall adopt a procedure for parents or guardians to request establishment of alternative programs within the district. (6) District school boards shall not approve the enrollment of a pupil in a private alternative program unless the private alternative program meets all requirements of OAR 581-021-0045.