Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Stat. Auth.: ORS 339
Stats. Implemented: ORS
339.030
