Current through Register Vol. 63, No. 9, September 1, 2024
(1) A child or
young adult in substitute care is required to be enrolled in school pursuant to
ORS
339.010 and
339.020 unless:
(a) A child or
young adult has achieved high school graduation; or
(b) An exemption from ORS
339.030 applies.
(2)
Responsibility for school or educational setting placement decisions.
(a) A
child or
young
adult who is between the ages of 4 and 21 who is placed in
foster care must be considered a resident of:
(A) The school district of
origin; or
(B) The school
district where the child or young adult
resides due to placement by the Department, if a juvenile court determines that
it is not in the best interests of the child or young
adult to continue to attend the school or school district of
origin.
(b) A
child who is between the ages of 4 and 18 who is placed on a
voluntarily placement agreement, in substitute care and for whom the child's
parent or guardian retains legal guardianship, must be considered a resident of
the school district in which the child's parent or guardian resides if:
(A) The child's school preference is taken
into consideration;
(B) There is a
plan for the child to return home;
(C) The voluntary placement is within 20
miles by the nearest traveled road from the school the child attended prior to
the voluntary placement, unless there are physiographic conditions that make
transportation to the school not feasible; and
(D) The child's parent or guardian and the
school staff from the school the child attended prior to the voluntary
placement can demonstrate that it is in the best interest of the child to
continue to attend the school the child attended prior to the voluntary
placement. The best interest of the child may be demonstrated by factors,
including but not limited to the following:
(i) The child's siblings attend the
school;
(ii) A change in the
child's routine would be detrimental to the child; or
(iii) The child has developed and maintained
a network of personal contacts, support services and friends and a sense of
community within the school
(c) If the
child or
young adult remains a resident of the
child
or young adult's
school district of origin, the
child or
young adult continues to attend the
school of origin, unless:
(A) The child or young
adult's school of origin or school district of
origin places the child or young
adult in a different school or educational setting;
(B) The IEP team decides the
child or young adult should attend a
different school or educational setting; or
(C) Educational rights have transferred to
the young adult as outlined in subsection (2)(e) of this rule, and the young
adult wishes to and is able to enroll in a different school or educational
setting without changing the school district of
origin.
(d) If
a juvenile court makes a determination that it is not in the best interests of
the child or young adult to remain in the
school of origin or school district of
origin, the Department must ensure that the
child or young adult is immediately enrolled
in a different school, even if the child or young
adult is unable to produce the records normally required for
enrollment, pursuant to ORS
339.133.
(e) The young adult makes
the decision regarding educational services and school placement when
educational rights have been passed to the young
adult.
(f) When a
child is in the care of the Department under a Voluntary
Placement Agreement, the parent or legal guardian retains
legal authority over the child and continues to be responsible
to exercise and perform all parental duties and legal responsibilities except
those that the parent or legal guardian specifically delegates
to the Department by the signed agreement. When the child is
in substitute care, decisions by the parent or legal guardian
regarding the child's school or educational setting placement are subject to
the requirements in subsections (2)(a) to (2)(d) of this rule.
(3) Decisions by the Department
regarding the school or educational setting placement of a
child or young adult are subject to section
(2) of this rule and all the following requirements:
(a) A caseworker must consider
recommendations from the child or young
adult, the child or young adult's parents or legal
guardian, Tribes; attorney, CASA, school, substitute
caregiver, and surrogate parent, if one has been appointed, in making
the decision on school enrollment.
(b) When appropriate, the caseworker may seek
a finding from the juvenile court that it is not in the best interest of the
child or young adult to continue attending
the school of origin or any other school in the school
district of origin and ensure the child is enrolled
in a new school.
(c) When one of
the criteria in paragraph (2)(c)(A) to (B) is met, the caseworker may ensure
that a child or young adult is enrolled in a
new school without a juvenile court finding.
(d) The caseworker must ensure that
enrollment in the school or program would be consistent with the
child or young adult's permanency plan.
(4) Additional responsibilities when a
private school, charter school, alternative school, or international study
program is considered.
(a) Private School.
Subject to the requirements of section (2) of this rule, when considering the
enrollment of the
child or
young adult in a
private school, in addition to the requirements of section (3) of this rule,the
caseworker must:
(A) Verify that an entity or
person other than the Department will pay all costs except those approved under
OAR 413-105-0070 or when a child or young adult requires placement in a
residential treatment program;
(B)
Consider the religious affiliation of the child or
young adult and the parent or legal guardian
when considering enrollment in a religiously-affiliated private school;
and
(C) If the
child is not a resident of the school district where the
school is located, determine if the child or young
adult can enroll in the school and, if not, seek a determination from
the juvenile court under subsection (3)(c) of this rule.
(b) Charter school, virtual charter school or
alternative school. Subject to the requirements of section (2) and subsection
(3)(a) of this rule, when considering the enrollment of a
child or
young adult in a charter school,
virtual charter school or alternative school, the caseworker must comply with
all the following:
(A) Verify that the school
is approved by the local school district board or the Oregon Department of
Education.
(B) Determine the
requirements for the child or young adult to
be enrolled in the school and ensure all appropriate consents are obtained. If
the child or young adult's residence must change to the school
district where the child or young adult
resides due to placement by the Department to attend the charter school or
alternative school, seek a determination from the juvenile court under
subsection (3)(c) of this rule.
(C) If the charter school is a virtual public
charter school, the Department must ensure that at least 14 days prior to
enrollment, the school district where the child or
young adult has residency, pursuant to ORS
339.133,
receives notice of intent to enroll the child in the virtual
public charter school.
(D) The
child or young adult must not be enrolled
until the charter or alternative school receives evidence that the appropriate
school districts were notified.
(c) Online schools not accredited in Oregon.
For a
child or
young adult to attend a
virtual or online school not accredited in Oregon, the caseworker must:
(A) Comply with subsection (3)(a) of this
rule;
(B) Consult with the
Department Education Program Coordinator; and
(C) Seek approval from the juvenile
court.
(d) International
study program. When considering enrolling a
child or
young adult in an international study program, the caseworker
must:
(A) Verify that the international study
program is accredited;
(B) Comply
with subsection (3)(a) of this rule;
(C) Obtain approval from the Child Welfare
program manager, the District Manager, the Diversity and International Affairs
Manager; and
(D) Obtain approval of
the juvenile court.
(5) Additional responsibilities when
considering a GED program. Subject to the requirements of section (3) of this
rule, when considering a GED program for the child or
young adult, whether the program is held at a public school or
at a location other than a public school, the caseworker must:
(a) Determine that obtaining a GED is
appropriate for the child or young adult's needs;
(b) Verify the child or
young adult meets the requirements of the Oregon Department of
Education's GED Option Program;
(c) Obtain school district approval when
child is under age 18; and
(d) If the child must become
a resident of the school district where the child lives to
participate in the selected GED program, seek a determination from the juvenile
court under paragraph 3(b) of this rule.
(6) Additional responsibilities when
considering home schooling. Except when subsections (2)(e) and (f) of this rule
apply, when considering home schooling for the child or
young adult in the substitute caregiver's home, the caseworker
must:
(a) Determine that a home schooling
environment would not interfere with the child or young
adult's social development;
(b)
Determine that home schooling would promote inclusion in the substitute
caregiver's home;
(c) Consider
whether the child participating in an organized
extracurricular activity would be appropriate for the
child;
(d) Verify
that the child or young adult has a
controlled, organized and structured school setting or learning environment;
(e) If applicable, verify the
parent or legal guardian has provided written consent for the
substitute caregiver to act as a private teacher for the
child or young adult;
(f) If applicable, verify the
substitute caregiver meets the Oregon Department of
Education's requirements to be a private teacher pursuant to ORS
339.035;
(g) Verify the foster parent
or relative caregiver has provided written notification to the education
service district of intent to provide home schooling within 10 days of the
child being taught or being withdrawn from a public or private
school, pursuant to OAR 581-021-0026;
(h) Verify that state standardized testing
required by the Education Service District has been completed;
(i) Comply with subsection (3)(a) of this
rule;
(j) Obtain the approval of
the Child Welfare program manager; and
(k) Obtain the approval of the juvenile
court.
(7) If a child is
placed in foster care before the age of four, the child is a resident of the
school district where the child resides. If the child's foster care placement
changes when the child is four years of age or older, subsection (2)(a) of this
rule applies.
(8) Transportation
to school. After the school or educational setting and location has been
determined, the caseworker must work with the substitute
caregiver or school district to organize transportation for the
child or young adult to and from the school
or educational location. Transportation for a child whose parent or guardian
voluntarily placed the child outside the child's home with a public or private
agency and who is living in a licensed, certified or approved substitute care
program is the responsibility of the child's resident school district, as
determined under subsection (1) or (2) of this section.
(9) Once a school or educational setting has
been selected for a child or young adult, the
caseworker must notify the school district foster care point of contact that
the child or young adult is in the
legal custody of the Department and may provide information
about the reason the child or young adult is
in foster care to the staff of the school or educational
setting only when providing such information to a particular staff person is
necessary for the child or young adult's education planning or to ensure the
safety of the child, young adult, or others
in the school with whom the child or young
adult has contact.
(10)
The caseworker must document in the case plan of the child or
young adult all the following:
(a) Information about the current school or
educational setting of the child or young
adult.
(b) All schools or
educational settings the child or young adult
has attended since the date the child or young
adult has been in the custody of the Department.
(c) The length of time the
child or young adult has spent in each school
or educational setting.
(d) The
number of high school credits each child or young
adult 14 years of age or older has earned.
(e) The child's surrogate
parent, if one has been appointed.
(f) The reason for any change in the
child or young adult's school or educational
setting.
(g) Information regarding
the
child or young adult's educational records, which may
include but is not limited to:
(A) Report
cards;
(B) Transcripts;
(C) Individual Education Plan;
(D) A 504 plan, developed
under the provisions of Section 504 of the Rehabilitation Act of 1973;
and
(E) A transition
plan.
(h) If applicable,
the reasons the child or young adult is not
attending school pursuant to ORS
339.030.
Statutory/Other Authority: ORS
418.005 & ORS
409.050
Statutes/Other Implemented: ORS
418.005,
ORS
409.010,
ORS
419B.192,
ORS
419B.220,
ORS
419B.343 & ORS
339.133
