OAR 581-021-0077: Compulsory Attendance Notices

(1) Definitions for purposes of this rule: (a) "Parent" means parent, guardian or other person having control of a minor child who has not completed the 12th grade or is not otherwise legally exempt from compulsory attendance under ORS 339.030. (b) "Student" means a minor between the ages of 6 and 18 who has not completed the 12th grade, and who is not exempt from compulsory attendance under ORS 339.030. (c) "Superintendent" means the superintendent of a public school district or the superintendent's designee. (d) "Attendance supervisor" means an official appointed under ORS 339.040. (e) "Regular attendance" means attendance which does not include more than eight unexcused one-half day absences, or the equivalent thereof, in any four-week period in which the school is in session. (2) Notice of Attendance Supervisor. When an attendance supervisor determines a parent has failed to enroll his or her child and to maintain such child in regular attendance at a public school, the attendance supervisor shall give written notification to the parent within 24 hours of being informed of the failure. The notice may be served personally or by certified mail. (a) The notice shall state that the student must appear at the public school on the next school day following receipt of the notice and maintain regular attendance for the remainder of the school year. (b) The notice shall state that the parent has the right to request, for a child who does not have an Individualized Education Program or 504 plan, an evaluation to determine if the child should have an Individualized Education Program or 504 plan; or for a child who has an Individualized Education Program or 504 plan, a review of the Individualized Education Program or 504 plan to ensure that the accommodations remain appropriate to the student’s needs (c) The notice shall be written in the home language of the parent or guardian of the student. (d) The attendance officer, at the time the notice is served to the parent, shall notify the district superintendent, principal or other appropriate school official. (3) Notice of Superintendent. If the parent receiving the notice of the attendance supervisor does not comply with that notice, the attendance officer, within three days of knowledge of such noncompliance, shall notify the superintendent.