Chapter 490 Oregon Laws 2001

AN ACT

SB 258

Relating to alternative education programs; creating new provisions; amending ORS 336.615, 336.625, 336.631, 336.635, 336.637, 336.645, 336.655, 339.030 and 339.505; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 336.615 is amended to read:

336.615. As used in ORS 336.615 to 336.665, “alternative education program” means a school or separate class group designed to [assist students to achieve the goals of the curriculum in a manner consistent with their learning styles and needs] best serve students’ educational needs and interests and assist students in achieving the academic standards of the school district and the state.

SECTION 2. ORS 336.625 is amended to read:

336.625. (1) In implementing alternative education programs, district school boards shall maintain learning situations that are flexible with regard to environment, time, structure and pedagogy.

(2) Students participating in alternative education programs are considered to be the responsibility of the resident district for purposes of ORS 332.072.

(3) The State Board of Education by rule:

(a) Shall define the accountable activities and allowable credit for these activities in alternative education programs[.];

(b) Shall adopt a process for registering private alternative education programs that includes, but is not limited to, the requirements of ORS 336.631; and

(c) Shall establish standards for private alternative education programs to ensure a safe educational environment and an instructional program that provides students with the opportunity to make progress toward achieving state academic content and performance standards.

(4) A school district may not waive the right to implement an alternative education program in a collective bargaining agreement.

SECTION 3. ORS 336.631 is amended to read:

336.631. (1) Prior to contracting with or distributing any public funds to a private alternative education program, a district school board shall:

(a) Annually approve the private alternative education program;

(b) Determine that the private alternative education program is registered with the Department of Education; and

(c) Determine that the private alternative education program complies with the requirements of subsection (2) of this section and ORS 336.625 (3)(c).

[(1)] (2) The following laws shall apply to private alternative education programs that are registered with the Department of Education under ORS 336.635 in the same manner as the laws apply to school districts and public schools:

(a) Federal law;

(b) ORS 181.539, 326.603, 326.607 and 342.232 (criminal records checks);

(d) ORS 659.150 and 659.155 (discrimination);

(e) Health and safety statutes and rules; and

(f) Any statute, rule or school district policy that is specified in a contract between the school district board and the private alternative education program.

[(2)] (3) Prior to placement of a student in a private alternative education program, the resident district shall determine whether the proposed placement best serves the student’s educational needs and interests [within] and assists the student in achieving the district and state academic standards.

[(3) A school district board shall evaluate and approve annually each registered private alternative program that provides educational services to students enrolled in the district to ensure compliance with subsection (1) of this section and the provisions of any contract between the district and the program, and to ensure that the program enhances the district’s ability to achieve district and state academic standards.]

(4) Contracts between a school district and a private alternative education program shall be included in the assessment of effectiveness provided for in ORS 329.085.

SECTION 4. ORS 336.635 is amended to read:

336.635. (1) When necessary to meet a student’s educational needs and interests, the parent or guardian with the approval of the resident district and the attending district may enroll the student in one of the proposed appropriate and accessible public alternative education programs or [the] private alternative education programs of instruction or instruction combined with counseling registered with the Department of Education. If the child is determined to be eligible for special education under ORS 343.221 to 343.236 and 343.261 to 343.295, the program must be approved by the Department of Education prior to the placement of the student in the program. A student enrolled pursuant to this subsection or enrolled in an alternative education program on or after July 1, 1995, because the student’s educational needs and interests are best met through participation in such a program shall be considered enrolled in the schools of the district for purposes of the distribution of the State School Fund.

(2) The [alternate] alternative education program in which the student enrolls with the districts’ approval shall notify the school district in which the student or the student’s parents or legal guardian, if any, resided at the time the student enrolled of the child’s enrollment and may bill the school district for tuition. The billing may be made annually or at the end of each term or semester of the [alternate] alternative education program. For each full-time equivalent student enrolled in the alternative education program, [as defined in ORS 336.615,] the school district shall pay the actual cost of the program or an amount at least equivalent to 80 percent of the district’s estimated current year’s average per student net operating expenditure, whichever is lesser, in accordance with rules adopted by the State Board of Education. The [alternate] alternative education program shall be accountable for the expenditures of all State School Fund and other local school support moneys, providing the school district with an annual statement of such expenditures.

(3) A private alternative education program that is registered with the Department of Education is not required to employ only licensed teachers or administrators. Teachers and administrators in such private programs shall not be considered employees of any district for purposes of ORS 342.173.

(4) A school district is not required to provide a public alternative education program if there are public or approved private alternative education programs that are appropriate and accessible to the student to which a student can be referred.

(5) Any Oregon teaching license is valid for teaching all subjects and grade levels in an alternative education program operated by a school district or education service district.

SECTION 5. ORS 336.637 is amended to read:

336.637. (1) A private alternative education program shall ensure that students receive instruction in the educational standards adopted by the State Board of Education for the grade level the program serves.

(2) Students enrolled in a private alternative education program shall take the statewide assessment developed by the Department of Education under ORS 329.485. A private alternative education program shall be accountable for determining the progress of its students toward achieving academic content standards as defined in ORS 329.007 [at grades 3, 5, 8 and 10]. The private alternative education program shall [annually] report, at least annually, each student’s academic progress, including the results of the state assessment to students, parents and the school district.

SECTION 6. ORS 336.645 is amended to read:

336.645. The State Board of Education shall adopt rules to implement the provisions of ORS 336.615 to 336.665 that shall include rules regarding school district notification to parents and students of the availability of alternative education programs, the law regarding alternative education programs and the procedures for requesting district school boards to establish alternative education programs.

SECTION 7. ORS 336.655 is amended to read:

336.655. (1) Each school district operating, participating in or contracting for[, an] a public or private alternative education program shall evaluate [each] the program at least annually. The district shall provide the public or private alternative education program with a copy of the written evaluation.

(2) For private alternative education programs, the evaluation shall include, but is not limited to:

(a) A review of the private alternative education program’s annual statement of expenditures as required by ORS 336.635 (2);

(b) A determination that the private alternative education program is in compliance with ORS 336.625 (3)(c) and 336.631 (2);

(c) The approval of any contract between the district and the private alternative education program; and

(d) A review to ensure that the private alternative education program enhances the ability of the district and its students to achieve district and state standards.

SECTION 8. ORS 339.030 is amended to read:

339.030. (1) In the following cases, children shall not be required to attend public full-time schools:

(a) Children being taught in a private or parochial school in the courses of study usually taught in grades 1 through 12 in the public schools and in attendance for a period equivalent to that required of children attending public schools in the 1994-1995 school year.

(b) Children proving to the satisfaction of the district school board that they have acquired equivalent knowledge to that acquired in the courses of study taught in grades 1 through 12 in the public schools.

(c) Children being taught for a period equivalent to that required of children attending public schools by a private teacher the courses of study usually taught in grades 1 through 12 in the public school.

(d) Children being educated in the children’s home by a parent or legal guardian.

(e) Children excluded from attendance as provided by law.

(2) The State Board of Education by rule shall establish procedures whereby, on a semiannual basis, an exemption from compulsory attendance may be granted to the parent or legal guardian of any child 16 or 17 years of age who is lawfully employed full-time, lawfully employed part-time and enrolled in school, [or enrolled in] a community college or [other state-registered] an alternative education program as defined in ORS 336.615. [Such] An exemption also may be granted to any child who is an emancipated minor or who has initiated the procedure for emancipation under ORS 419B.550 to 419B.558.

SECTION 9. ORS 339.505 is amended to read:

339.505. (1) For purposes of the student accounting system required by ORS 339.515, the following definitions shall be used:

(a) “Graduate” means an individual who has not reached 21 years of age or whose 21st birthday occurs during the current school year; has met all state requirements and local requirements for attendance, competence and units of credit for high school; and has received one of the following:

(A) A high school diploma issued by a school district.

(B) An adult high school diploma issued by an authorized community college.

(b) “School dropout” means an individual who:

(A) Has enrolled for the current school year, or was enrolled in the previous school year and did not attend during the current school year;

(B) Is not a high school graduate;

(D) Has withdrawn from school.

(A) Student has transferred to another educational system or institution that leads to graduation and the school district has received a written request for the transfer of the student’s records or transcripts.

(B) Student is deceased.

(D) Student is being taught by a private teacher, parent or legal guardian pursuant to ORS 339.030 (1)(c) or (d).

(E) Student is participating in a Department of Education approved public or private education program, [including] an alternative education program as defined in ORS 336.615, a Department of Human Services facility or a hospital education program.

(F) Student is temporarily residing in a shelter care program certified by the Oregon Youth Authority or the State Office for Services to Children and Families or in a juvenile detention facility.

(G) Student is enrolled in a foreign exchange program.

(H) Student is temporarily absent from school because of suspension, a family emergency, or severe health or medical problems which prohibit the student from attending school.

(I) Student has received a General Educational Development (GED) certificate.

(2) The State Board of Education shall prescribe by rule when an unexplained absence becomes withdrawal, when a student is considered enrolled in school, acceptable alternative education programs under ORS 336.615 to 336.665 and the standards for excused absences for purposes of ORS 339.065 for family emergencies and health and medical problems.

SECTION 10. The amendments to ORS 336.615, 336.625, 336.631, 336.635, 336.637, 336.645, 336.655, 339.030 and 339.505 by sections 1 to 9 of this 2001 Act shall first apply to the 2001-2002 school year.

SECTION 11. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor June 21, 2001

Filed in the office of Secretary of State June 22, 2001

Effective date July 1, 2001

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