Current through Register Vol. 63, No. 3, March 1, 2024
(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.
Attachments referenced are available from the
agency.
Statutory/Other Authority: ORS
8.665, ORS
153.110 - 153.310, ORS
153.990, ORS
339.010 - 339.090, ORS
339.925 & ORS
339.990
Statutes/Other Implemented: ORS
339.090, ORS
339.925, ORS
339.990 & ORS
8.665
