Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Definitions. As used in this rule:
(a)
"Documented history" means evidence in the cumulative record and education
plans of a student that demonstrates the inability over time to maintain grade
level achievement even with appropriate modifications and
accommodations.
(b) "Instructional
barrier" means a significant physical, cognitive or emotional barrier that
impairs a student's ability to maintain grade level achievement.
(c) "Modified course" means a course that has
been systematically changed or altered for a student only after reasonable
alternative instructional strategies (e.g. accommodations, remediation) are
exhausted.
(d) "Other services" for
the purposes of this rule means:
(A) Those
services paid for or provided by another agency, such as Vocational
Rehabilitation or Brokerages, which may be considered in the calculation of the
total number of hours that equals at least the total number of instructional
hours that is required to be provided to students who are attending public high
school. These "other services" are not to be considered educational services
and are not provided by or through the school district or public charter
school.
(B) Those services
identified in OAR 581-022-2320(4), such as school assemblies, student
orientations, testing, etc, which may be considered in the calculation of the
total number of hours that equals at least the total number of instructional
hours that is required to be provided to students who are attending public high
school. These services are provided by the school district or public charter
school.
(2) On
or after July 1, 2009, each district school board or public charter school
governing board 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 all applicable local school district
requirements as described in district school board policies or public charter
school requirements as described in school policies. In addition, on or after
July 1, 2009, a district school board or public charter school governing board
may only award a modified diploma to a student who meets the eligibility
criteria specified in section 3 of this rule.
(3)
(a)
Except as provided in paragraph (c) or (d) of this section, a school district
or public charter school shall grant eligibility for a modified diploma to a
student who has:
(A) A documented history of
an inability to maintain grade level achievement due to significant learning
and instructional barriers; or
(B)
A documented history of a medical condition that creates a barrier to
achievement.
(b) A
student shall have the opportunity to meet the requirements of a modified
diploma by the later of:
(A) Four years after
starting grade nine; or
(B) 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.
(c) A student may complete the
requirements for a modified diploma in less than four years if the
parent/guardian or adult student gives consent.
(A) 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 a modified diploma.
(B) A copy of all consents must be sent to
the district superintendent.
(C)
Each school district must annually provide the number of consents obtained to
the State Superintendent of Public Instruction.
(D) The consent may not be used to allow a
student to satisfy the requirements for a modified diploma in less than three
years.
(d) A school
district or public charter school may not deny a student who has the documented
history described in paragraph (a) of this subsection the opportunity to pursue
a diploma with more stringent requirements than a modified diploma for the sole
reason that the student has the documented history.
(e) Students currently engaged in the use of
illegal drugs are not eligible for a modified diploma if the significant
learning and instructional barriers are due to the use of illegal
drugs.
(f) Students currently
engaged in the illegal use of alcohol are not eligible for a modified diploma
if the significant learning and instructional barriers are due to the alcohol
abuse, regardless of whether that student is disabled under Section 504 on the
basis of alcoholism.
(g)
Notwithstanding paragraph (c) and (d) of this section, a school district or
public charter school may grant eligibility for a modified diploma to a student
who is no longer engaging in illegal use of drugs or alcohol if the student:
(A) Has successfully completed a supervised
drug or alcohol rehabilitation program and are no longer engaged in the illegal
use of drugs or alcohol; or
(B) Has
been rehabilitated successfully and is no longer engaged in the illegal use of
drugs or alcohol; or
(C) Is
participating in a supervised rehabilitation program and is no longer engaging
in the illegal use of drugs or alcohol.
(4)
(a) A
school district or public charter school shall determine which school teams
shall decide if a student will work toward obtaining a modified diploma. A
student's school team must include an adult student, parent/ guardian of the
student.
(b) A school district or
public charter school may award a modified 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. A district or school must receive
the consent in writing and during the school year in which the modified diploma
is awarded.
(A) If student is under 18,
consent must be received from the parent or guardian.
(B) If the student is under age 18 and
emancipated, consent must be received from the student.
(C) If the adult student is 18 or older,
consent must be received from the student or guardian.
(D) If the student is under guardianship from
the courts, consent must come from the court-appointed authority.
(c) Except as provided in
subsection (e) of this section, a student's school team shall decide that a
student should work toward a modified diploma no earlier than the end of the
6th grade and no later than 2 years before the student's anticipated exit from
high school.
(d) Beginning in grade
five, school district and public charter schools shall annually provide
information to the parents or guardians of a student taking an alternate
assessment of the availability of a modified diploma and the requirements for
the modified diploma.
(e) A
student's school team may formally decide to revise a modified diploma
decision.
(f) A student's school
team may decide that a student who was not previously working towards a
modified diploma should work toward a modified diploma when a student is less
than 2 years from anticipated exit from high school if the documented history
of the student described in section (3) of this rule has changed.
(5) Unit of credit requirements
for students graduating with a modified diploma:
(a) To receive a modified diploma a student
must earn 24 units of credit, between grade 9 and the end of their high school
career with at least 12 of those credits to include:
(A) Language Arts - 3;
(B) Mathematics - 2;
(C) Science - 2;
(D) Social Sciences (which may include
history, civics, geography and economics (including personal finance)) -
2;
(E) Health Education -
1;
(F) Physical Education - 1;
and
(G) Career Technical Education,
The Arts or World Languages (units may be earned in any one or a combination) -
1.
(b) School districts
and public charter schools shall be flexible in awarding the remaining 12 units
of credit. These credits must be 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. These credits may include:
(A)
Additional core credits described in paragraph (a) of this section;
(B) Professional technical
education;
(C) Electives;
and
(D) Career
development.
(c) Students
may earn units of credit through regular education with or without
accommodations or modifications and through modified courses.
(d) 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.
(e)
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.
(f) A school district or public charter
school may not require a student to earn more than 24 units of credit to
receive a modified diploma.
(6) 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.
(7) 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.
(8) 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.
(9) Each student shall develop an education
plan and build an education profile as provided under OAR
581-022-2000.
(10) 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.
(11) 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.
(12) Each student shall build a collection of
evidence, or include evidence in existing collections, to demonstrate extended
application of the standards as defined in OAR 581-022-0102;
(13) 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.
(14)
(a) A student who receives a modified diploma
shall have access to instructional hours, hours of transition services and
hours of other services that are designed to meet the unique needs of the
student.
(b) When added together,
the school district or public charter school will provide a total number of
hours of instruction and services to the student that equals at least the total
number of instructional hours that is required to be provided to students who
are attending a public high school.
(c) The total number of hours that are
appropriate for a student shall be determined by the individualized education
program (IEP) team if the student is eligible for special education.
(d) Based on the student's needs and
performance level, the student's IEP team may decide that the student will not
access the total number of hours of instruction and services required to be
provided to students who are attending a public high school.
(e) The school district or public charter
school may not unilaterally decrease the total number of hours of instruction
and services to which the student has access regardless of the age of the
student.
(f) If a student's IEP
team or school team, decides that the student will not access the total number
of hours of instruction and services to which the student has access the school
district or public charter school shall annually:
(A) Provide the following information in
writing to the adult student, parent or guardian of the student:
(i) The school district's or public charter
school's duty to comply with the requirements to provide the total number of
hours of instruction and services to the student; and
(ii) The prohibition against a school
district's or public charter school's unilaterally decreasing the total number
of hours of instruction and services to which the student has access.
(B) Obtain a signed acknowledgment
from the adult student, parent or guardian of the student that the adult
student, parent or guardian received the information.
(C) Include in the IEP for the student a
written statement that explains the reasons the student is not accessing the
total number of hours of instruction and services to which the student has
access.
(g) 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.
(h) An
agency is not required to change any eligibility criteria or enrollment
standards prior to entering into an interagency agreement with the school
district.
(i) School districts and
public charter schools shall ensure that students have on-site access to the
appropriate resources to achieve a modified diploma at each high school in the
school district or at the public charter school.
(15)
(a)
The unit of credit requirements in section (5) of this rule for a modified
diploma apply to all students who enter 9th grade on or after July 1,
2007.
(b) If a student entered 9th
grade prior to July 1, 2007, the student's team shall decide whether the
student must meet the unit of credit requirements in section (5) of this rule
to receive a modified diploma or the unit of credit requirements specified by
the school district or public charter school for a modified diploma when the
student entered 9th grade. If a student's team decides that a student may
receive a modified diploma by meeting the unit of credit requirements required
by the district or school when the student entered 9th grade, a school district
or public charter school may award a student who entered 9th grade prior to
July 1, 2007 a modified diploma if the student meets the unit of credit
requirements for a modified diploma specified by the district or school when
the student entered 9th grade.
Statutory/Other Authority: ORS
329.451
Statutes/Other Implemented: ORS
329.451