Current through Register Vol. 63, No. 12, December 1, 2024
(1)
Applicability
(a) This rule sets forth the state standards
for school districts and public charter schools for the 2019-2020 school
year.
(b) The definitions set forth
in OAR 581-022-0102, 581-022-2010(1), 581-022-2015(1), and 581-022-2020(1)
apply to this rule.
(c) Unless
specifically referenced herein, all other rules in this division are waived for
the duration of this rule unless specifically added back by the Director
through order.
(2)
Diploma requirements
(a) Each
school district board and public charter school with jurisdiction over high
school programs must award diplomas, modified diplomas, extended diplomas, or
alternative certificates to students who were first enrolled in ninth grade in
the 2016-17 school year or earlier or were first enrolled in ninth grade in the
2017-18 school year and had an early graduation plan approved before March 17,
2020, and fulfill the state requirements as described in this rule.
(b) Regular diploma
(A) To receive a regular diploma, students
must earn a minimum of 24 credits to include at least:
(i) English Language Arts - 4 (must include
the equivalent of one unit in Written Composition);
(ii) Mathematics -3 (must include one unit at
the Algebra I level and two units that are at a level higher than Algebra
I);
(iv) Social Sciences 3 - (including history,
civics, geography and economics (including personal finance);
(v) Health Education - 1;
(vi) Physical Education - 1;
(vii) Career and Technical Education, The
Arts or World Languages - 3 (units must be earned in any one or a
combination).
(B) A
district school board or public charter school with a three-year high school
may submit through the waiver process alternative plans to meet unit
requirements;
(C) A school district
or public charter school must accept any credits earned by students qualified
for the additional district credit requirements waiver in another school
district or public charter school and must apply them toward the 24 Units of
Credit Requirements for the diploma.
(D) A school district or public charter
school may grant high school credit for courses taken prior to grade 9 if
students taking pre-grade 9 courses are required to meet performance criteria
that are equivalent to the performance criteria for students taking the same
high school courses.
(c)
Modified diploma
(A) School districts and
charter schools with jurisdiction over high school programs shall award a
modified diploma only to students who have demonstrated the inability to meet
the full set of academic content standards for a high school diploma even with
reasonable modifications and accommodations but who fulfill all state
requirements as described in this rule and meets the eligibility criteria in
OAR 581-022-2010(3).
(B) School
districts and public charter schools must comply with OAR
581-022-2010(4).
(C) To receive a
modified diploma, students must earn a minimum of 24 credits, between grade 9
and the end of their high school career with at least 12 of those credits to
include:
(i) English Language Arts -
3;
(iv) Social Sciences (which may include
history, civics, geography and economics (including personal finance)) -
2;
(v) Health Education -
1;
(vi) Physical Education - 1;
and
(vii) Career Technical
Education, The Arts or World Languages (units may be earned in any one or a
combination) - 1.
(viii) Any
combination of credits awarded to meet the needs of the individual student as
specified in the education plan of the student with the expectations and
standards aligned to the appropriate grade level academic content standards,
including additional core credits, professional technical education, electives,
and career development - 12.
(D) Students may earn units of credit through
regular education with or without accommodations or modifications and through
modified courses.
(E) Students
shall have the option to earn credit for demonstrating proficiency. A student
may be given credit for successful demonstration of knowledge and skills that
meets or exceeds defined levels of performance. Students may demonstrate
proficiency through classroom work or documentation of learning experiences
outside of school, or through a combination of these means.
(F) School districts and public charter
schools shall ensure that students have access to needed courses, modifications
and supports to pursue a modified diploma and to progress in the general
education curriculum.
(G) A school
district or public charter school shall grant credit toward a modified diploma
only for courses that contain substantial academic content. A school district
or public charter school shall grant credit for a modified diploma through a
continuum of instruction beginning at basic skills and progressing through high
level skills.
(H) A school district
or public charter school shall award a regular diploma under OAR 581-022-2000
if all requirements for a regular diploma are met. Completion of one or more
modified courses shall not prohibit a student from earning a regular diploma;
however, required core courses taken under modified conditions must be retaken
under standard conditions to be counted toward a regular diploma.
(I) A school district or public charter
school shall grant credit toward a modified diploma according to individual
student needs across academic content areas including applied, consumer,
academic, or knowledge and skill development.
(J) A school district or public charter
school shall inform the student and parent or guardian of the student if the
courses in grades 9-12 have been modified for an individual student.
(K) A school district or public charter
school shall provide transcripts which clearly identify modified courses that
do not count toward the regular diploma but that do count toward a modified
diploma.
(L) Each student receiving
a modified diploma shall have the option of participating in the high school
graduation ceremony with the members of their class receiving a high school
diploma.
(M) Transition services
and other services designed to meet the unique needs of the student may be
provided to the student through an interagency agreement entered into by the
school district if the individualized education program developed for the
student indicates that the services may be provided by another agency. The
school district or public charter school retains the responsibility for
ensuring that the student has access to the number of service hours required to
be provided to the student.
(d) Extended diploma
(A) A school district or public charter
school shall award an extended diploma only to students who have demonstrated
the inability to meet the full set of academic content standards for a high
school diploma with reasonable modifications and accommodations but who fulfill
all state requirements as described in this rule and meet the eligibility
criteria in OAR 581-022-2015(5)(b).
(B) A school district or public charter
school may award an extended diploma to a student only upon the consent of the
parent or guardian of the student, or upon the consent of the adult student or
emancipated minor student as required by OAR 581-022-2015(4).
(C) To receive an extended diploma, students
must, while in grade nine through completion of high school, complete 12
credits, which may not include more than six credits earned in a self-contained
special education classroom and shall include:
(i) Two credits of mathematics;
(ii) Two credits of English;
(iii) Two credits of Science;
(iv) Three credits of history, geography,
economics, or civics;
(v) One
credit of health;
(vi) One Credit
of physical education; and
(vii)
One credit of arts or a second language.
(D)
(i) A
student shall have the opportunity to meet the requirements of an extended
diploma by the later of four years after starting grade nine or the student
reaching the age of 21 years, if the student is entitled to a public education
until the age of 21 years under state or federal law.
(ii) A student may complete the requirements
for an extended diploma in less than four years if the parent/guardian or adult
student gives consent. The consent must be written and must clearly state that
the parent/guardian or adult student is waiving the 4 years to complete the
requirements for an extended diploma. A copy of all consents must be sent to
the district superintendent. Each school district must annually provide the
number of consents obtained to the State Superintendent of Public Instruction.
The consent may not be used to allow a student to satisfy the requirements for
an extended diploma in less than three years.
(E) A school district or public charter
school may not deny a student who has the documented history described in
subsection (1)(a) of this section the opportunity to pursue a diploma with more
stringent requirements than a modified diploma or an extended diploma for the
sole reason that the student has the documented history.
(F) Transition services and other services
designed to meet the unique needs of the student may be provided to the student
through an interagency agreement entered into by the school district if the
individualized education program developed for the student indicates that the
services may be provided by another agency. The school district or public
charter school retains the responsibility for ensuring that the student has
access to the number of service hours required to be provided to the
student.
(e) Alternative
certificate
(A) A School district or public
charter school shall award an alternative certificate to a student who does not
satisfy the requirements for a high school diploma, a modified diploma or an
extended diploma.
(B) Each district
school board or public charter school governing board with jurisdiction over
high school programs shall define criteria for an alternative certificate and
shall award an alternative certificate to those students who have met the
criteria requirements as described in district school board policies.
(C)
(i) A
student shall have the opportunity to meet the requirements of an alternative
certificate by the later of four years after starting grade nine or the student
reaching the age of 21 years, if the student is entitled to a public education
until the age of 21 years under state or federal law.
(ii) A student may complete the requirements
for an alternative certificate in less than four years if the parent/guardian
or adult student gives consent as required under OAR
581-022-2020(4)(c).
(D)
Each student receiving an alternative certificate shall have the option of
participating in the high school graduation ceremony with the members of their
class receiving a high school diploma.
(E) Transition services or other services
designed to meet the unique needs of the student may be provided to the student
through an interagency agreement entered into by the school district if the
individualized education program developed for the student indicates that the
services may be provided by another agency. The school district or public
charter school retains the responsibility for ensuring that the student has
access to the number of service hours required to be provided to the
student.
(3)
Credit options
(a) A school
district or public charter school must grant required and elective credit
towards the diploma or modified diploma provided the student earns the credit
by meeting the requirements of one or more of the options described in this
rule.
(b) A school district or
charter school may grant credit to a student if the student demonstrates
defined levels of proficiency or mastery of recognized standards (e.g., state
academic content standards and essential skills, industry-based or other
national or international standards) by any one or more of the following
options:
(A) Successfully completing
classroom or equivalent work (e.g., supervised independent study,
career-related learning experiences, project based learning), which meets
Common Curriculum Goals and academic content standards required by OAR
581-022-2030;
(B) Successfully
completing classroom or equivalent work designed to measure proficiency or
mastery of identified standards (knowledge and skills) in class or out of
class, where hours of instruction may vary;
(C) Successfully passing an appropriate exam
designed to measure proficiency or mastery of identified standards (knowledge
and skills);
(D) Providing a
collection of work or other assessment evidence which demonstrates proficiency
or mastery of identified standards (knowledge and skills);
(E) Providing documentation of prior learning
activities or experiences which demonstrates proficiency or mastery of
identified standards (knowledge and skills) (e.g., certification of training,
letters, diplomas, awards, etc.); or
(c) Notwithstanding subsection (2) of this
rule, for courses offered in the second semester or third trimester of the
2019-20 school year, a school district must grant credit to a student if:
(A) The student was first enrolled in ninth
grade in the 2016-17 school year or earlier or was first enrolled in ninth
grade in the 2017-18 school year and had an early graduation plan approved
before March 17, 2020; and
(B) As
of March 16, 2020, was maintaining a passing grade.
(4)
Distance learning for
all. School districts and public charter schools must develop and
implement a distance learning for all plan that aligns with the Distance
Learning for All Guidance issued by the Oregon Department of
Education.
(5)
Special
education for children with disabilities. School districts and public
charter schools must provide services for students who experience disability in
accordance with IDEA and applicable Oregon Administrative Rules.
(6)
Emergent bilinguals. School
districts and public charter schools must provide students identified as
English learners English language development and grade-level content area
instruction.
(7)
Talented and
gifted. School districts must serve students identified as talented and
gifted by accommodating assessed levels of learning and accelerated rates of
learning.
(8)
Alternative
education programs. School districts must comply with OAR
581-022-2505(3)(b) and (5).
(9)
Equal educational opportunities. School districts and public
charter schools must provide equity, opportunity and access for all students as
required by OAR 581-021-0045 and 581-021-0046.
(10)
School counseling. School
districts and public charter schools must provide school counseling services to
all students. Counseling services must align to the guidance issued by the
American School Counseling Association: The School Counselor and Virtual School
Counseling (Adopted 2017).
(11)
Student safety
(a) School
districts and public charter schools must create systems or processes for
reporting child abuse pursuant to ORS
419B.010 that take into account
the unique situation of distance learning. School districts and public charter
schools must make those systems or processes accessible to any district
personnel who meet the definition of "public or private official" in ORS
419B.005(6).
(b) School districts and public charter
schools must review and if necessary revise policies and procedures relating to
appropriate electronic communication with students. School districts and
charter schools must make guidance based on those policies and procedures
available to all school district or charter school personnel.
(12)
Personnel
(a) All teachers, specialists, and
administrators employed by school districts must hold valid Oregon licenses and
be assigned in accordance with the individual license district policies,
program goals and applicable statutes and administrative rules.
(b) Any school district employing teacher
aides must follow applicable Oregon Administrative Rules.
(13)
Fingerprinting of subject
individuals in positions not requiring licensure as teachers, administrators,
personnel specialists, school nurses. All public school districts must
comply with the requirements for Fingerprinting of subject individuals as
defined in and in compliance with OAR 581-021-0500.
(14)
Individual student assessment and
reporting. School districts and public charter schools must assess and
record each individual student's progress and achievement:
(a) For the fall terms, in all subject areas
of instruction and to academic content standards consistent with ORS
329.045 and OAR 581-022-2030;
and
(b) For the spring terms, under
the school district's distance learning plan.
(15)
Student education records.
School districts and public charter schools must maintain education records of
students according to the provisions of OARs 581-021-0210 through
581-021-0440.
(16)
Record and
reports. School districts and public charter schools must provide all
records and reports required by the Oregon Department of Education.
(17)
Complaint procedures.
School districts must maintain a process for the prompt resolution of a
complaint as required by OAR 581-022-2370.
(18)
Assurances. School
districts must report compliance with the standards set forth in this rule for
the 2019-20 school year:
(a) By November 1,
2020, to the school board of the school district in a public meeting and by
posting a report on compliance to the school district's web page. The school
board must acknowledge receipt of the report prior to February 15,
2021;
(b) By November 15, 2020, to
the Oregon Department of Education on a form to be provided by the
Department.
Statutory/Other Authority: ORS
326.051, ORS
329.451,
659.850,
343.409,
327.103 &
336.625
Statutes/Other Implemented: ORS
329.451,
659.850,
343.409,
327.103 &
336.625