Current through Register Vol. 63, No. 9, September 1, 2024
(1) The following definitions and
abbreviations apply to this rule:
(a) "Active
roll" means the list of students enrolled and attending the school or program
during the current school year;
(b)
"ADA" means average daily attendance;
(c) "ADM" means average daily
membership;
(d) "Alternative
program" means any private or public alternative program providing instruction
or instruction combined with counseling under ORS
336.635;
(e) "Class" means a separate group of
students under the direction of a teacher.
(f) "Day in session" means a scheduled day of
instruction during which students are under the guidance and direction of
teachers;
(g) "Department" means
the Oregon Department of Education;
(h) "Full school day" means the length of
time a school or program is normally in session during the day in compliance
with OAR 581-022-2320;
(i)
"Full-day kindergarten program" means a program providing kindergarten that
meets the standards and minimum number of hours of instruction set forth in OAR
581-022-2320 and is in session during the day in compliance with OAR
581-022-2320;
(j) "FTE" means
full-time equivalency;
(k)
"Half-day kindergarten program" means a program providing kindergarten that
complies with the minimum hours of instruction in OAR
581-022-2320(5).
(l) "Inactive
roll" means the list of students enrolled for purposes of credit but not
attending the school or program. Includes students attending private
alternative or Job Corps programs, students withdrawn after ten consecutive
days' absence and students served on a tutorial basis outside the
classroom;
(m) "Instruction" for
purposes of reimbursement of alternative programs means all activities that are
approved by the student's resident school district, consistent with Oregon's
academic and career related learning standards, and designed to lead to student
achievement of those standards, including participation in Oregon state
assessment, where applicable.
(n)
"Instructional unit" means a school or other organizational arrangement which
provides instruction of a given type or types;
(o) "Intermediate group" means instruction
provided to a student receiving a comprehensive instructional program
consistent with OAR 581-022-1210 and individually placed by a school district
in an alternative program approved by a school district to a class of six to 15
students;
(p) "Large group" means
instruction consistent with OAR 581-022-2030 and provided to a student
individually placed by a school district in an alternative program approved by
a school district to a class of 16 or more students;
(q) "Nonpublic school" means instruction
provided by an individual or institution listed in ORS
339.030 as exemptions to the
compulsory attendance requirements set out in ORS
339.010.
(r) "Regular school program" means that which
is offered to comply with the standards adopted by the State Board of Education
and compulsory school attendance law. This does not include summer school,
adult education, or pre-kindergarten programs;
(s) "Small group" means instruction provided
to a student receiving a comprehensive instructional program consistent with
OAR 581-022-2030 and individually placed by a school district in an alternative
program approved by the school district to a class of two to five
students;
(t) "Superintendent"
means the State Superintendent of Public Instruction;
(u)
(A)
"Teacher" means:
(i) An appropriately
licensed staff member with the responsibilities of a teacher in OAR
584-036-0011 or with the responsibilities of teacher described in the
definition of a teacher in ORS
342.120; and
(ii) For purposes of private alternative
education programs, an appropriately licensed or unlicensed staff member with
the responsibilities of a teacher in OAR 584-036-0011 or with the
responsibilities of teacher described in the definition of a teacher in ORS
342.120.
(B) "Teacher" does not include an
"Educational Assistant" as defined by ORS
342.120 and OAR 581-037-0005 or
"Instructional Assistant" described in 584-036-0011.
(v) "Tutorial" means instruction provided to
a student receiving a comprehensive instructional program consistent with OAR
581-022-2030 and individually placed by a school district in an alternative
program approved by a school district to one student.
(2) Instructions pertaining to the
maintenance of student accounting records and state reporting shall be
published by the Department.
(3)
Each school district and ESD shall:
(a)
Permanently maintain accounting records of student enrollment, attendance,
membership, resident/nonresident status, and such other student information as
may be required, for each student enrolled in regular school programs operating
during the regular school year. Such records shall utilize uniform definitions
of each student measure as stated in this rule;
(b) Designate the residency for school
purposes, subject to the provisions of ORS
327.006 and
339.133 of each student enrolled
in the district;
(c) Have in
operation an attendance accounting system which is adequately controlled and
enables the district's chief administrator to certify in writing the accuracy
of reported data;
(d) Report
enrollment, attendance, membership, and such other information as the
Superintendent may require, within 15 days of the end of the collection
periods. Reports for the period ending the first school day in October shall be
submitted no later than November 15.
(e) Retain daily source records of
enrollment, membership and attendance for a period of no less than two years.
Records, whether paper or electronic, must be maintained in an accessible
format.
(4) Students
shall be entered and withdrawn from the district roll as follows:
(a) A student shall be entered on the
district active roll on the first day of the student's actual attendance. A
student with an excused absence of less than ten school days at the beginning
of the school year may be counted in membership prior to the first day of
attendance if the status has been verified by contact with the parent or
guardian. A student participating in the program of more than one instructional
unit shall be entered on the active roll of that instructional unit in which 50
percent or more of the student's time is scheduled and the student shall not be
entered on the roll of other instructional units;
(b) A student whose withdrawal status can be
determined within ten school days of their first day of absence shall be marked
as a withdrawal on the school day following that determination. A student must
be withdrawn from the active roll on the day following the tenth consecutive
full school day of absence but may be retained on the inactive roll at the
district's option. A student must be present for at least one-half day in order
to restart the count of consecutive days' absence. Under no circumstances shall
a student who is absent for the first ten days at the beginning of the school
year be counted in membership prior to the first day of school attendance. A
student whose attendance is reported as hours of instruction must be withdrawn
from the active roll on the day following the tenth consecutive day of absence
from the program in which they are enrolled. A student must be present for at
least one hour of instruction in order to restart the count of consecutive
days' absence. A student who is enrolled in dual programs and reported as both
days present/days absent and hours of instruction must be withdrawn according
to the instructional unit in which fifty percent or more of the student's time
is scheduled. Under no circumstance shall a student who is absent for the first
ten days at the beginning of the school year be counted in membership prior to
the first day of school attendance.
(c) Notwithstanding anything else in this
rule, subsection (4)(b) of this rule is suspended for school districts, public
charter schools, and Oregon School for the Deaf for the 2019-2020 and 2020-2021
school years or until the suspension is removed by order of the Director of the
Oregon Department of Education. This provision does not apply to the Juvenile
Detention Education Program or the Youth Corrections Education
Program.
(5) Membership
and attendance accounting in instructional units scheduled to operate a full
school day shall be recorded as follows:
(a)
A full-time equivalency (FTE) for each student on the active roll shall be
determined. Students participating in more than one-half of the full-day
program shall be given an FTE of 1.0. Students participating in one-half or
less of the full-day program shall be given an FTE of .5. The FTE computation
of students placed in community college programs by the local school district
shall include time spent in the community college program:
(A) Districts shall determine the FTE for
kindergarten students based on whether the district provides a full-day
kindergarten program or half-day kindergarten program as follows:
(i) For students in full-day kindergarten
programs, districts shall give students 1.0 FTE for students participating in
more than one-half of the full-day kindergarten program. Districts shall assign
an FTE of 0.5 for students participating in one-half or less of the full-day
kindergarten program;
(ii) Students
in half-day kindergarten programs shall be assigned an FTE of 1.0. The
Department shall proportionally reduce the total days membership of these
students reflecting the permissible percentage as stated in statute;
(B) Students participating in
district supervised work-study programs may be credited as 1.0 FTE. If a
student is released for work during school hours and the district assumes no
supervisory responsibility for the time involved, that time shall not be
counted as participation in the full-day program when determining the student's
FTE.
(b) Membership of
each student for the period shall be computed as follows: student FTE times
days present plus student FTE times days absent equals total days membership of
the student. The day upon which a student is marked as a withdrawal shall not
be counted as a day of membership. A student not scheduled to attend daily
shall be marked present or absent only on the days the student is scheduled to
attend;
(c) Total days membership
of the instructional unit shall be the total of days membership of all students
on the active roll of the instructional unit as computed in subsection (b) of
this section. The computation of total days membership of the instructional
unit shall yield subtotals indicating grade placement and resident/nonresident
status of student membership;
(d)
The Department shall compute the ADM and ADA of resident students, nonresident
students, and attending students for each instructional unit reporting and
derive totals of such data for each local school district in the state, subject
to the following procedures:
(A) ADM is the
total days membership of an instructional unit during a specific reporting
period divided by the number of days the instructional unit was in session
during that reporting period. The ADM of groups of instructional units having
varying lengths of terms shall be the sum of the ADMs obtained for the
individual instructional units. If a district school board adopts a class
schedule that operates throughout the year under the provisions of ORS
336.012 for all or any
instructional units in the district, the computation shall be made so that the
resulting ADM will not be higher or lower than if the local board had not
adopted such a schedule;
(B) ADA is
the total days attendance of an instructional unit during a specific reporting
period divided by the number of days the instructional unit was in session
during that reporting period. The ADA of groups of instructional units having
varying lengths of terms shall be the sum of the ADAs obtained for the
individual instructional units. If a district school board adopts a class
schedule that operates throughout the year under the provisions of ORS
336.012 for all or any
instructional units in the district, the computation shall be made so that the
resulting ADA will not be higher or lower than if the local board had not
adopted such a schedule.
(6) Students enrolled in programs operating
less than the full school day and nonpublic school students attending public
schools part time shall be accounted for as follows:
(a) The ADM of students enrolled in schools
under provisions of ORS
336.135 and students enrolled in
nonpublic schools or taught by private teacher or parent under ORS
339.035 shall be computed by
multiplying total hours of instruction given all students during the reporting
period by .167 and dividing the product by 73 for the July 1 to December 31
cumulative report and by 175 for the June 30 annual report;
(b) The ADM of students receiving tutorial
instruction provided by licensed district staff shall be computed by dividing
total number of hours of tutorial instruction given (not to exceed 5 hours per
week for a single student) by 73 for the July 1 to December 31 cumulative
report and by 175 for the June 30 annual report;
(c) The computation of ADM for each less than
full-time program listed shall yield subtotals for resident and nonresident
students;
(d) The ADM of students
enrolled in less than full-time programs shall be reported to the Department
for the period ending December 31 and for the year ending June 30.
(e) No more than five day's membership may be
claimed for any student enrolled in any combination of programs during a
one-week period.
(f) The Department
will proportionally reduce the ADM of kindergarteners enrolled in half-day
programs to reflect the permissible percentage as stated in statute.
(7) A student enrolled in a public
school district and receiving instruction in the district's comprehensive
planned K-12 curriculum consistent with OAR 581-022-1210 and who is
individually placed by the school district in an alternative education program
under ORS 336.635 shall be accounted for
as follows:
(a) The ADM of students enrolled
in alternative programs scheduled to operate a full school day may be computed
either on the basis of membership (section (5) of this rule) or on the basis of
actual attendance (section (7)(b) of this rule);
(b) Equivalent ADM of students enrolled in
alternative programs scheduled to operate less than full time shall be computed
as follows:
(A) Equivalent ADM of students
enrolled in large group instruction shall be computed by multiplying total
hours of instruction given all students during the reporting period by a factor
of .167 and dividing the product by 73 for the July 1 to December 31 period
cumulative report and by 175 for the June 30 annual report;
(B) Equivalent ADM of students enrolled in
intermediate group instruction shall be computed by multiplying the total hours
of instruction given all students during the reporting period by a factor of
.222 and dividing the product by 73 for the July 1 to December 31 period
cumulative report and by 175 for the June 30 annual report;
(C) Equivalent ADM of students enrolled in
small group instruction shall be computed by multiplying the total hours of
instruction by a factor of .333 and dividing the product by 73 for the July 1
to December 31 period cumulative report and by 175 for the June 30 annual
report;
(D) Equivalent ADM of
students receiving individual instruction shall be computed by multiplying the
total number of hours of tutorial instruction given by a factor of 1.0 and
dividing the product by 73 for the July 1 to December 31 period cumulative
report and by 175 for the June 30 annual report;
(E) Case management services (not limited to
student contact) may be counted as large group instruction and constitute up to
ten percent of equivalent ADM if specifically authorized by contract with the
resident school district;
(F)
Documented time in supervised work experience programs, supervised community
service activities and supervised independent study, if performed as a part of
the instructional programs designed to fulfill the student's educational goals,
may be counted as large group instruction;
(G) Over any 20-day period, no more than 20
equivalent membership days may be claimed for any student receiving a
combination of instructional services under paragraph (7)(b)(A), (B), (C) or
(D) of this rule. Equivalent membership days for any student is equal to the
hours of instruction given multiplied by the factor appropriate for the size of
the instructional group.
(c) Students attending alternative programs
part day and attending the home high school part day shall be reported by the
home high school only, taking account of the total time spent in the
alternative program and the home high school when determining FTE under section
(5) of this rule;
(d) Students
attending private alternative programs only, shall not be reported by the
instructional unit placing the student for purposes of reporting membership or
attendance.
(8) Each
private alternative program shall:
(a)
Maintain accounting records of student attendance, size of group attended,
resident school district and such other student information as may be required
by the contracting school district for each student attending the private
alternative program;
(b) Report
student name, dates served and hours served by group size to resident school
district no less than twice yearly, once for the July 1 through December 31
period and an annual report ten days after the close of the school year;
and
(c) Retain student attendance
records for a period of no less than two years.
(9) Students in the following programs are
not eligible to be counted in the resident average daily membership for
purposes of ORS 327.013(7)(a):
(a) Students enrolled in special education
programs under ORS 343.261,
343.961, and
346.010.
(b) Children enrolled in early intervention
and early childhood special education programs under ORS
343.533;
(c) Students not receiving a free public
education;
(d) Students in summer
school programs;
(e) Students in
adult education classes.
(10) Rules governing the reporting of
students identified as dropouts are contained in the most recent edition of the
Oregon Dropout Reporting Manual, published by the Oregon Department Education.
The State Board of Education adopts the procedures in this publication to
govern the reporting of dropouts by school districts.
(11) For the purposes of dropout reporting,
the following shall apply:
(a) A student is
considered enrolled when the student is present at school and attends more than
half of a school day;
(b)
Acceptable alternative programs are those programs providing activities meeting
OAR 581-023-0008 and provided by public school districts, ESDs, community
colleges or private alternative programs registered with the Oregon Department
of Education under OAR 581-021-0072;
(c) An absence, explained or unexplained
becomes a withdrawal after an absence of 10 consecutive days. A student must be
present for at least one-half day in order to restart the count of consecutive
days absence;
(d) Standards for
excused absences must be developed by local districts. Policies shall clearly
define excused and unexcused absences and ensure the health and safety of the
child. Parents shall be informed of the policies at enrollment. Policy should
address the documentation required.
(12) The Superintendent shall prescribe the
applicable student accounting procedures for any programs or specific
situations not covered by the provisions of this rule.
Statutory/Other Authority: ORS
326.310 &
327.125
Statutes/Other Implemented: ORS
327