Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in this rule:
(a) "Notice" means a written notice that is
mailed, faxed, e-mailed or personally delivered by the party required to
provide the notice.
(b) "Parent"
means parent, legal guardian or person in parental relationship as defined in
ORS 339.133.
(c) "Reside in a school district" means the
school district in which the student's parent resides.
(d) "School district" means a school district
in which more than three percent of the students who reside in the school
district are enrolled in one or more virtual public charter schools.
(e) "Student" means a student who seeks to
enroll in a virtual public charter school on or after August 2, 2011.
(f) "Virtual public charter school" is as
that term is defined in OAR 581-026-0300.
(2) A parent must provide notice to the
school district in which the parent resides that the parent intends to enroll a
student in a virtual public charter school. Upon receiving the notice, a school
district may choose to do nothing further until receiving notice the student is
enrolled in the school or if more than three percent of the students who reside
in the school district are enrolled in virtual public charter schools not
sponsored by the district, the district must provide notice to the parent that
the district:
(a) Approves the student for
enrollment in the virtual public charter school; or
(b) Does not approve the student for
enrollment in the virtual public charter school.
(3) A school district that does not approve a
student for enrollment in a virtual public charter school must provide the
parent and student the following:
(a) A copy
of this rule and OAR 581-026-0310
(b) A list of two or more other online
options available to the student, and
(c) The percentage of students in the school
district that attend virtual public charter schools that are not sponsored by
the school district, based on the most recent calculation at the time the
intent to enroll was received by the district.
(4) If a parent does not receive a notice of
approval or disapproval from a school district under subsection (2) of this
rule within 10 days of sending the notice of intent to enroll to the district,
the student shall be deemed approved for enrollment by the district.
(5) A parent may appeal a decision of a
school district to not approve a student for enrollment to the State Board of
Education pursuant to OAR 581-026-0310.
(6) A virtual public charter school may only
enroll a student if the school receives evidence the student's parent has
notified the resident school district of the student's intent to enroll in the
school. A school shall consider any of the following as evidence the resident
school district received adequate notice:
(a)
A copy of the notice of intent to enroll sent to the district by the
parent;
(b) A notice of approval
for enrollment from the district; or
(c) A copy of a final order issued by the
Superintendent pursuant to OAR 581-026-0310 that finds that the student is
approved for enrollment in the school.
(7) A virtual public charter school shall
send a list of students to each school district in which a student who is
enrolled in the school resides. The list shall be sent monthly when the virtual
school is in session.
(a) The first list of
the school year must be sent on or before the fifteenth day of school for the
virtual public charter school.
(b)
Lists must minimally include the student identification number, address, grade
and must be in a tabular data format compatible with widely used spreadsheet
software, allowing for organized data presentation and manipulation through
rows and columns.
(8) If
a school district chooses to not approve a student for enrollment in a virtual
public charter school under this section, the district must have a policy that
at a minimum includes the following:
(a) The
semiannual dates that the school district used to calculate whether or not
three percent or more of the students who reside within the district are
enrolled in a virtual public charter school.
(b) The description of the data used by the
school district to calculate the number of students who reside in the district
and the number of students who are enrolled in virtual public charter schools.
A school district is only required to use data that is reasonably available to
the district including but not limited to:
(A)
The number of students enrolled in the schools of the school
district;
(B) The number of
students enrolled in virtual and non-virtual public charter schools located in
the school district;
(C) The number
of students enrolled in virtual public charter schools not sponsored by the
district;
(D) The number
homeschooled students who reside within the district and who have registered
with an education service district; and
(E) The number of students enrolled in
private schools located within the school district.
Statutory/Other Authority: ORS
338.025
Statutes/Other Implemented: ORS
338.125
