OAR 413-105-0030
Ensure a Child or Young Adult’s Enrollment in School or Educational Setting
(1)
A child or young adult in substitute care is required to be enrolled in school pursuant to ORS 339.010 (School attendance required) and 339.020 (Duty to send children to school) unless:(a)
A child or young adult has achieved high school graduation; or(b)
An exemption from ORS 339.030 (Exemptions from compulsory school attendance) applies.(2)
Responsibility for school or educational setting placement decisions.(B)
The school district where the child or young adult resides due to placement by the Department, if a juvenile court determines that it is not in the best interests of the child or young adult to continue to attend the school or school district of origin.(d)
If a juvenile court makes a determination that it is not in the best interests of the child or young adult to remain in the school of origin or school district of origin, the Department must ensure that the child or young adult is immediately enrolled in a different school, even if the child or young adult is unable to produce the records normally required for enrollment, pursuant to ORS 339.133 (Determination of residency of student for school purposes).(e)
The young adult makes the decision regarding educational services and school placement when educational rights have been passed to the young adult.(f)
When a child is in the care of the Department under a Voluntary Placement Agreement, the parent or legal guardian retains legal authority over the child and continues to be responsible to exercise and perform all parental duties and legal responsibilities except those that the parent or legal guardian specifically delegates to the Department by the signed agreement. When the child is in substitute care, decisions by the parent or legal guardian regarding the child’s school or educational setting placement are subject to the requirements in subsections (2)(a) to (2)(d) of this rule.(3)
Decisions by the Department regarding the school or educational setting placement of a child or young adult are subject to section (2) of this rule and all the following requirements:(a)
A caseworker must consider recommendations from the child or young adult, the child or young adult’s parents or legal guardian, Tribes; attorney, CASA, school, substitute caregiver, and surrogate parent, if one has been appointed, in making the decision on school enrollment.(d)
The caseworker must ensure that enrollment in the school or program would be consistent with the child or young adult’s permanency plan.(4)
Additional responsibilities when a private school, charter school, alternative school, or international study program is considered.(a)
Private School. Subject to the requirements of section (2) of this rule, when considering the enrollment of the child or young adult in a private school, in addition to the requirements of section (3) of this rule, the caseworker must:(A)
Verify that an entity or person other than the Department will pay all costs except those approved under OAR 413-105-0070 (Educational Expenses) or when a child or young adult requires placement in a residential treatment program;(B)
Consider the religious affiliation of the child or young adult and the parent or legal guardian when considering enrollment in a religiously-affiliated private school; and(b)
Charter school, virtual charter school or alternative school. Subject to the requirements of section (2) and subsection (3)(a) of this rule, when considering the enrollment of a child or young adult in a charter school, virtual charter school or alternative school, the caseworker must comply with all the following:(A)
Verify that the school is approved by the local school district board or the Oregon Department of Education.(B)
Determine the requirements for the child or young adult to be enrolled in the school and ensure all appropriate consents are obtained. If the child or young adult’s residence must change to the school district where the child or young adult resides due to placement by the Department to attend the charter school or alternative school, seek a determination from the juvenile court under subsection (3)(c) of this rule.(C)
If the charter school is a virtual public charter school, the Department must ensure that at least 14 days prior to enrollment, the school district where the child or young adult has residency, pursuant to ORS 339.133 (Determination of residency of student for school purposes), receives notice of intent to enroll the child in the virtual public charter school.(D)
The child or young adult must not be enrolled until the charter or alternative school receives evidence that the appropriate school districts were notified.(c)
Online schools not accredited in Oregon. For a child or young adult to attend a virtual or online school not accredited in Oregon, the caseworker must:(A)
Comply with subsection (3)(a) of this rule;(B)
Consult with the Department Education Program Coordinator; and(C)
Seek approval from the juvenile court.(d)
International study program. When considering enrolling a child or young adult in an international study program, the caseworker must:(A)
Verify that the international study program is accredited;(B)
Comply with subsection (3)(a) of this rule;(C)
Obtain approval from the Child Welfare program manager, the District Manager, the Diversity and International Affairs Manager; and(D)
Obtain approval of the juvenile court.(5)
Additional responsibilities when considering a GED program. Subject to the requirements of section (3) of this rule, when considering a GED program for the child or young adult, whether the program is held at a public school or at a location other than a public school, the caseworker must:(a)
Determine that obtaining a GED is appropriate for the child or young adult’s needs;(6)
Additional responsibilities when considering home schooling. Except when subsections (2)(e) and (f) of this rule apply, when considering home schooling for the child or young adult in the substitute caregiver’s home, the caseworker must:(b)
Determine that home schooling would promote inclusion in the substitute caregiver’s home;(c)
Consider whether the child participating in an organized extracurricular activity would be appropriate for the child;(e)
If applicable, verify the parent or legal guardian has provided written consent for the substitute caregiver to act as a private teacher for the child or young adult;(f)
If applicable, verify the substitute caregiver meets the Oregon Department of Education’s requirements to be a private teacher pursuant to ORS 339.035 (Teaching by private teacher, parent or guardian);(g)
Verify the foster parent or relative caregiver has provided written notification to the education service district of intent to provide home schooling within 10 days of the child being taught or being withdrawn from a public or private school, pursuant to OAR 581-021-0026 (Examination of Children Instructed by Parent, Legal Guardian or Private Teacher);(i)
Comply with subsection (3)(a) of this rule;(j)
Obtain the approval of the Child Welfare program manager; and(k)
Obtain the approval of the juvenile court.(9)
Once a school or educational setting has been selected for a child or young adult, the caseworker must notify the school district foster care point of contact that the child or young adult is in the legal custody of the Department and may provide information about the reason the child or young adult is in foster care to the staff of the school or educational setting only when providing such information to a particular staff person is necessary for the child or young adult’s education planning or to ensure the safety of the child, young adult, or others in the school with whom the child or young adult has contact.(10)
The caseworker must document in the case plan of the child or young adult all the following:(a)
Information about the current school or educational setting of the child or young adult.(b)
All schools or educational settings the child or young adult has attended since the date the child or young adult has been in the custody of the Department.(c)
The length of time the child or young adult has spent in each school or educational setting.(d)
The number of high school credits each child or young adult 14 years of age or older has earned.(e)
The child’s surrogate parent, if one has been appointed.(f)
The reason for any change in the child or young adult’s school or educational setting.(g)
Information regarding the child or young adult’s educational records, which may include but is not limited to:(A)
Report cards;(B)
Transcripts;(C)
Individual Education Plan;(D)
A 504 plan, developed under the provisions of Section 504 of the Rehabilitation Act of 1973; and(E)
A transition plan.(h)
If applicable, the reasons the child or young adult is not attending school pursuant to ORS 339.030 (Exemptions from compulsory school attendance).
Source:
Rule 413-105-0030 — Ensure a Child or Young Adult's Enrollment in School or Educational Setting, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-105-0030
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