Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Definitions.
(a) "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.
(b) "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.
(c) "Instructional barrier" means a
significant physical, cognitive or emotional barrier that impairs a student's
ability to maintain grade level achievement.
(2) A School district or public charter
school shall award a certificate of attendance to a student who does not
satisfy the requirements for a high school diploma, a modified diploma or an
extended diploma if the student has maintained regular full time attendance for
at least four years beginning in grade nine.
(3) Each district school board or public
charter school governing board with jurisdiction over high school programs
shall define criteria for a certificate of attendance and shall award a
certificate of attendance to those students who have met the criteria
requirements as described in district school board policies.
(4) A student shall have the opportunity to
meet the requirements of a certificate of attendance 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 certificate of attendance 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
certificate of attendance.
(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 certificate of
attendance in less than three years.
(5) A school district or public charter
school shall:
(a) Ensure that all students
have on-site access to the appropriate resources and courses to achieve a
diploma at each high school in the school district or at the public charter
school.
(b) For students with a
documented history described in subsections (1)(b) and (1)(c) of this section,
the following information must be provided annually, beginning in grade five or
after such a documented history has been established:
(A) Information about the availability of
high school diplomas, modified diplomas and the requirements for the diplomas;
and
(B) A disclosure that a student
awarded a certificate of attendance will not be counted as a high school
graduate in any reporting for the state or school district and that the student
awarded a certificate of attendance may not indicate that the student received
a high school diploma on applications for employment, military service,
financial aid, admittance to an institution of higher education or any other
purpose.
(6)
Each student receiving a certificate of attendance shall have the option of
participating in the high school graduation ceremony with the members of their
class receiving a high school diploma.
(7)
(a) A
student who receives a certificate of attendance 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 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.
(d) 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.
(e) An agency is not
required to change any eligibility criteria or enrollment standards prior to
entering into an interagency agreement with the school district.
Statutory/Other Authority: ORS
329.451
Statutes/Other Implemented: ORS
329.451