OAR 581-021-0076: Exemption from Compulsory Attendance

(1) As used in this rule: (a) “School” means any public school, education service district program, community college, college, university, public alternative program, registered private alternative program, technical or vocational school or training program, or being taught by a parent or private teacher pursuant to ORS 339.035; (b) “Semiannual” means prior to the next vacation or reentry time in the school year but a minimum of two times per year; (c) “Full-time work” means employment for 30 or more hours per week; (d) “Full-time school” means attending an educational program for a period of time defined as one FTE under OAR 581-023-0005; enrolling in a community college, college or university for a minimum of 12 credit hours per term; receiving 20 hours of instruction per week in a technical or vocational school or training program; or being taught an equivalent period of time by a parent or private teacher pursuant to ORS 339.035; (e) “Emancipated minor” means any child who is an emancipated minor or who has initiated the procedure for emancipation under ORS 109.550 to 109.565 (339.030(5)); (f) “Part-time work and part-time school” means a combination of work/education activities equivalent to 30 hours per week of involvement. (2) The school district may grant exemption from compulsory attendance to the parent or legal guardian of a child who is 16 or 17 years of age or an emancipated minor, provided the child is: (a) Employed full time; (b) Employed part time and enrolled in a school part time; or (c) Enrolled full time in a school. (3) The request for exemption shall be in writing including documentation of the child’s employment by the employer or enrollment status by the school. Additionally, the school shall request notification when the child’s employment or the child’s enrollment status is terminated. (4) When considering a request for exemption from compulsory attendance, a school district shall conduct an interview that shall include, but need not be limited to, the following: (a) Attendance by the child and the parent or legal guardian or the emancipated minor; (b) Attendance by a school counselor or school administrator; (c) Consideration of the reasons for the request; and (d) Review of the following information about the child or emancipated minor: (A) Credit for graduation; (B) Grades; (C) Current handicapping status, if applicable; (D) Prior handicapping status, if applicable; (E) Results of standardized tests; (F) Teacher evaluations; (G) Counselor appraisal; (H) Immediate plans; (I) Short-range and career goals; and (J) Other relevant information. (5) If the exemption from compulsory attendance is granted, the school district shall give the child and the parent or legal guardian the following information in writing: (a) Alternative programs of instruction or instruction combined with counseling are available, as provided in ORS 339.250(6) and (7); (b) The exemption is granted for a limited time, must be renewed on a semiannual basis and will be reviewed by the school district on a certain date; and (c) The district shall notify the parent of the need to reapply for an exemption by a specific date or return the student to school until the child attains a high school diploma, GED, or the age of 18. (6) The rule is effective July 1, 1990.