OAR 581-021-0072
Registration of Private Alternative Programs/Schools

(1) All Sections of this rule apply to each private alternative education program approved by a school district board on or after July 1, 2007. For the purposes of this rule, the term “program” includes “school.”
(2) For the purposes of ORS 336.635 (Enrollment in alternative education program)(1), all private alternative education programs receiving public school funds must comply with Private Alternative Education Standards established by the Oregon State Board of Education. Before contracting with or receiving public funds from any public school district, each private alternative program must register with the Oregon Department of Education (ODE) under this rule and must have an institution identification number assigned by the Department.
(3) New registration and renewal applications must be received each year by a date to be determined by the Department. Annually by March 1, the Oregon Department of Education will provide registration renewal application forms to private alternative programs registered with the Department.
(4) Each private alternative education program must apply to the Department for approval of registration renewal and the application for registration or renewal of registration must include information or documentation as required by the Department that the private alternative program meets:
(a) Local and state fire, safety, health and occupancy codes and standards;
(b) Health and safety standards and rules including, but not limited to, sanitation and prevention of communicable disease;
(c) The requirements of:
(A) OAR 581-022-1420 (emergency plans and safety programs);
(B) OAR 581-022-1430 (asbestos management plans);
(C) OAR 581-022-1440 (infectious diseases);
(D) ORS 339.870 (Liability of school personnel administering medication) and OAR 581-021-0037 (Administration of Medication) (administration of medications);
(E) OAR 437-002-1910.1030 (Oregon Occupational Safety and Health Division — blood borne pathogens);
(F) OAR 581-022-0705 (health services);
(G) ORS 337.150 (School board and charter school duty to provide textbooks), 339.141 (Tuition prohibited for regular school program), 339.147 (When tuition authorized) and 339.155 (Prohibitions of certain fees as condition of admission) (tuition and fees);
(H) ORS 181.539, 326.603 (Authority of school districts and schools to obtain fingerprints and criminal records check of employees and contractors), 326.607 (Background check policy for volunteers), 336.631 (Private alternative programs), and 342.232 (criminal records checks) for all subject individuals as defined in OAR 581-022-1730, including private alternative school/program owner/operators who have direct, unsupervised contact with students;
(I) ORS 433.235 (Definitions for ORS 433.235 to 433.284) through 433.284 (Adoption of more stringent immunization requirements) and OAR 333-050-0010 (Definitions Used in the Immunization Rules) through 333-050-0120 (Immunizations Schedules for Spacing of Doses) (immunization records and reports); and
(J) ORS 659.850 (Discrimination in education prohibited) and 659.855 (Sanctions for noncompliance with discrimination prohibitions) (discrimination).
(5) The annual application must also include assurances and verifying documentation, as required by the Department, that the private alternative program:
(a) Has a mission statement;
(b) Maintains commercial general liability insurance with policy limits of at least $1,000,000 and annually provides ODE with requested information or documentation showing the name of the insurance company, the number of the insurance policy, the policy limits covered by the policy, and the effective term of the policy;
(c) Identifies the grade levels to be served;
(d) Identifies which students will be served consistent with OAR 581-022-1350(4)(a)(A);
(e) Assists the contracting district in meeting its planned K–12 instructional program in compliance with OAR 581-022-1210;
(f) Provides instruction in the academic content standards adopted by the State Board of Education and that students participate in district and state assessments of achievement for the grade level(s) the program serves;
(g) Assists students in earning diploma credits consistent with OAR 581-022-2000 (Diploma Requirements) and 581-022-1131;
(h) Uses curriculum content, teaching practices, facilities, and management practices that do not violate constitutional prohibitions on religious entanglement;
(i) Develops, implements, and, if necessary, modifies an education plan consistent with OAR 581-022-1120(3)(a) and (b), and 581-022-2000 (Diploma Requirements)(3), Diploma Requirements, for each student approved for placement in the program by the student’s contracting district;
(j) In cooperation with each student’s contracting district and parent, guardian, or other responsible adult, includes criteria in the student’s education plan for determining if, how, when, and where the student may transition from the alternative education program;
(k) At least annually reports the results of each student’s performance on district-wide and state-wide assessments to the student, the student’s parents or legal guardians, and to the student’s contracting district;
(l) Collects and reports to each contracting district and the state the student’s local and state assessment, attendance, behavior, graduation, dropout, and other data required by the district and the state;
(m) If providing special education services or related services identified in any child’s IEP, is approved by the ODE under OAR 581-015-0126;
(n) Maintains the confidentiality of student records consistent with the Family Educational Rights and Privacy Act, 34 CFR 99 et. seq. and maintains student records in compliance with Oregon Administrative Rules on student records;
(o) The school shall provide training for all students which is designed to prevent child abuse.
(p) The school shall include training for all school employees on the prevention and identification of child abuse and on the obligations of school employees to report child abuse based on policies adopted by the school board or governing body. This training shall be updated and presented to all employees on an annual basis.
(q) The school shall make the training detailed in section (o) of this rule available to parents and legal guardians of children who attend a school operated by the education provider. The training shall be provided separately from the training provided to school employees under section (p) of this rule.
(r) Has procedures in place regarding staff hiring and evaluation that require:
(A) Checking personal and professional references for all potential employees;
(B) Criminal background checks in compliance with OAR 581-022-1730 and ORS 181.539, 326.603 (Authority of school districts and schools to obtain fingerprints and criminal records check of employees and contractors), 326.607 (Background check policy for volunteers) and 342.232 and to comply with section (9) of this rule, for all employees;
(C) A regular schedule of staff evaluations of the competencies of all employees that work with children; and
(D) Staff licensing/registration by the Oregon Teacher Standards and Practices Commission in compliance with OAR 584-036-0015;
(s) For purposes of claiming state school funds, has policies and procedures to ensure that:
(A) Students 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 are individually placed by the school district in the alternative education program under ORS 336.635 (Enrollment in alternative education program) are accounted for in compliance with OAR 581-023-0006 (Student Accounting Records and State Reporting)(7);
(B) Students enrolled in schools consistent with ORS 336.135 and students enrolled in nonpublic schools or taught by a private teacher or parent under ORS 339.035 (Teaching by private teacher, parent or guardian) and who are supplementing their home, private, or other instruction by attending the alternative program part-time are accounted for in compliance with OAR 581-023-0006 (Student Accounting Records and State Reporting)(6)(a); and
(C) The activities claimed for state school funds by the program are one or more of those in OAR 581-023-0008 (Accountable Activities for Alternative Education Programs) as approved by the contracting school district; and
(t) Complies with each statute, rule or school district policy specified in a contract between the school district board and the private alternative education program; and
(u) Notifies the ODE and each contracting public school district of any written complaint it receives alleging non-compliance with this private alternative program registration rule.
(6) Each annual renewal application must include a copy of the written annual evaluation of the applicant private alternative program completed by each contracting public school district for the prior school year.
(7) Each private alternative program must provide an annual statement of program expenditures to each contracting district consistent with ORS 336.635 (Enrollment in alternative education program)(2).
(8) The Oregon Department of Education may monitor the procedure used by the private alternative program for reporting Full Time Equivalent (FTE) student enrollment for the purposes of basic school support.
(9) The Department of Education may deny, suspend, or revoke a private alternative program registration consistent with OAR 581-021-0073 (Denial, Suspension, or Revocation of Registration of Private Alternative Program/School Procedure).
(10) No registered private alternative school/program shall be owned by or employ an individual who is not of good moral character and reputation.
(a) Upon review by the Department, the Superintendent may find a person not to be of good moral character and reputation when the person:
(A) Has been convicted of a felony or a misdemeanor that involves the illegal use, sale or possession of a controlled substance, or that involves any sexual offense, or any violent offense;
(B) Has been convicted of an offense involving fraud or misrepresentation, or has committed fraud, misrepresentation, or deceit or has committed unfair, deceptive, or unlawful trade practices regulated by the Oregon Unlawful Trade Practices Act (ORS 646.605 (Definitions for ORS 336.184 and 646.605 to 646.652)–646.652 (District attorney’s reports to Attorney General)); or
(C) Is currently subject to suspension or revocation under OAR 581-021-0073 (Denial, Suspension, or Revocation of Registration of Private Alternative Program/School Procedure).
(b) The Superintendent shall not make a finding that a person is not of good moral character and reputation solely for the reason that the person has been convicted of a crime, but shall consider the relationship of the facts that support the conviction and all intervening circumstances as they relate to the specific occupational standards and requirements.
(11) As of the effective date of this rule, the Private Alternative Education Standards adopted by the State Board of Education December 5, 2002, are rescinded and replaced by sections (2)-(5) of this rule.

Source: Rule 581-021-0072 — Registration of Private Alternative Programs/Schools, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-021-0072.

581‑021‑0009
Exemptions 581‑021‑0013
Child Development Specialist Programs 581‑021‑0017
Dental Screening Certification 581‑021‑0019
Interdistrict Transfer Agreement 581‑021‑0020
District School Board Proceedings 581‑021‑0022
Student Evaluation 581‑021‑0023
Mercury Elimination Policy 581‑021‑0026
Examination of Children Instructed by Parent, Legal Guardian or Private Teacher 581‑021‑0029
Home Schooling for Children with Disabilities 581‑021‑0030
Limitation on Administration and Utilization of Tests in Public Schools 581‑021‑0031
Vision Screening 581‑021‑0033
Interscholastic Activities Eligibility Requirement for Home School Students 581‑021‑0037
Administration of Medication 581‑021‑0038
Minimum Requirements for School District Sexual Harassment Policies 581‑021‑0041
Form and Protocol for Sports Physical Examinations 581‑021‑0043
Displaying Sovereign Tribal Government’s Flags in Public Schools 581‑021‑0045
Discrimination Prohibited 581‑021‑0046
Program Compliance Standards 581‑021‑0047
Prohibits Public Schools from using Native American Mascots 581‑021‑0050
Minimum Standards for Student Conduct and Discipline 581‑021‑0055
Standards of Conduct 581‑021‑0060
Discipline Procedures, Prohibition of Corporal Punishment 581‑021‑0061
Corporal Punishment 581‑021‑0065
Suspension 581‑021‑0070
Expulsion 581‑021‑0071
District Information for Parents and Students Regarding the Availability of Alternative Education Programs 581‑021‑0072
Registration of Private Alternative Programs/Schools 581‑021‑0073
Denial, Suspension, or Revocation of Registration of Private Alternative Program/School Procedure 581‑021‑0075
Distribution 581‑021‑0076
Exemption from Compulsory Attendance 581‑021‑0077
Compulsory Attendance Notices and Citation 581‑021‑0081
Student Absences 581‑021‑0100
School Traffic Patrols 581‑021‑0110
Tobacco Free Schools 581‑021‑0200
Standard Education for Oregon Students 581‑021‑0210
Evaluating Student Transcripts 581‑021‑0220
Definitions 581‑021‑0225
Records of Law Enforcement Units 581‑021‑0230
The Rights of Parents 581‑021‑0240
The Rights of Eligible Students 581‑021‑0250
An Educational Agency or Institution’s Policy Regarding Student Education Records 581‑021‑0255
Transfer of Student Education Records 581‑021‑0260
An Educational Agency or Institution’s Annual Notification 581‑021‑0265
Confidentiality of Student Education Records 581‑021‑0270
Rights of Inspection and Review of Education Records 581‑021‑0280
Fees for Copies of Education Records 581‑021‑0290
Limitations on the Right to Inspect and Review Records 581‑021‑0300
A Parent or Eligible Student’s Request for Amendment of a Student’s Education Records 581‑021‑0310
Right to a Hearing to Challenge Content 581‑021‑0320
Minimum Requirements for the Conduct of a Hearing 581‑021‑0330
Prior Consent to Disclose Information 581‑021‑0340
Exceptions to Prior Consent 581‑021‑0350
Limitations on the Redisclosure of Information 581‑021‑0360
Conditions for the Disclosure of Information to Other Educational Agencies or Institutions 581‑021‑0370
Conditions for the Disclosure of Information for Federal or State Program Purposes 581‑021‑0371
Conditions for Disclosure of Information to Comply with Judicial Order or Subpoena 581‑021‑0372
Conditions for the Disclosure of Information When Legal Action Initiated 581‑021‑0380
Conditions for the Disclosure of Information in Health and Safety Emergencies 581‑021‑0390
Conditions for the Disclosure of Directory Information 581‑021‑0391
Conditions for the Disclosure of Information to Juvenile Justice Agencies 581‑021‑0400
Recordkeeping Requirements 581‑021‑0410
Filing a Federal Complaint 581‑021‑0420
Civil Action 581‑021‑0430
The Distribution of Rules Relating to Student Records 581‑021‑0505
Radio Frequency Identification Device Policy for Student 581‑021‑0510
Fingerprinting: Definitions 581‑021‑0511
Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses 581‑021‑0512
Non-employment criminal background checks for school districts 581‑021‑0550
Definitions: Restraint and Seclusion 581‑021‑0553
Use of Restraint and Seclusion in Public Education Programs 581‑021‑0556
Procedures Regarding Restraint and Seclusion 581‑021‑0563
Approval of Restraint and Seclusion Training Programs for School Staff 581‑021‑0566
Required Use of Approved Restraint and Seclusion Programs 581‑021‑0568
Standards for Seclusion Rooms 581‑021‑0569
Use of Seclusion Cells Prohibited 581‑021‑0570
Complaint Procedures 581‑021‑0576
Definitions 581‑021‑0578
School District Eligibility to Offer a Post Graduate Scholar Program 581‑021‑0579
Student Eligibility to Participate in a Post Graduate Scholar Program 581‑021‑0580
Definitions 581‑021‑0582
Establishment 581‑021‑0584
Oregon State Seal of Biliteracy
Last Updated

Jun. 24, 2021

Rule 581-021-0072’s source at or​.us