Oregon Oregon Department of Education

Rule Rule 581-021-0077
Compulsory Attendance Notices and Citation


(1)

Definitions for purposes of this rule:

(a)

“Parent” means parent, guardian or other person having control of a minor child who has not completed the 12th grade or is not otherwise legally exempt from compulsory attendance under ORS 339.030 (Exemptions from compulsory school attendance).

(b)

“Student” means a minor between the ages of 7 and 18 who has not completed the 12th grade, and who is not exempt from compulsory attendance under ORS 339.030 (Exemptions from compulsory school attendance).

(c)

“Superintendent” means the superintendent of a public school district or the superintendent’s designee.

(d)

“Attendance supervisor” means an official appointed under ORS 339.040 (Attendance supervisors).

(e)

“Regular attendance” means attendance which does not include more than eight unexcused one-half day absences, or the equivalent thereof, in any four-week period in which the school is in session.

(2)

Notice of Attendance Supervisor. When an attendance supervisor determines a parent has failed to enroll his or her child and to maintain such child in regular attendance at a public school, the attendance supervisor shall give written notification to the parent within 24 hours of being informed of the failure. The notice may be served personally or by certified mail.

(a)

The notice shall state that the student must appear at the public school on the next school day following receipt of the notice and maintain regular attendance for the remainder of the school year.

(b)

The notice shall state that the parent has the right to request for a child who does not have an Individualized Education Program, an evaluation to determine if the child should have an Individualized Education Program; or for a child who has an Individualized Education Program, a review of the Individualized Education Program.

(c)

The attendance officer, at the time the notice is served to the parent, shall notify the district superintendent, principal or other appropriate school official.

(3)

Notice of Superintendent. If the parent receiving the notice of the attendance supervisor does not comply with that notice, the attendance officer, within three days of knowledge of such noncompliance, shall notify the superintendent. Upon notification by the attendance officer, the superintendent may issue a citation as set forth in Attachment A of this rule.

(4)

Prior to issuing the citation set forth in Attachment A, the superintendent, by personal service or certified mail, shall serve the parent written notification that:

(a)

States that the student is required to regularly attend a full-time school;

(b)

Explains that the failure to send the student and to maintain the student in regular attendance is a Class C violation;

(c)

States that the superintendent may issue a citation;

(d)

Requires the parent and the student to attend a conference with a designated school official; and

(e)

States that the parent has the right to request for a child who does not have an Individualized Education Program, an evaluation to determine if the child should have an Individualized Education Program; or for a child who has an Individualized Education Program, a review of the Individualized Education Program.

(f)

Is written in the native language of the parent or guardian of the student.

(5)

The superintendent shall schedule the conference described in section (4)(d) of this rule. A conference may not be scheduled until after any evaluations or reviews described in in subsections 2(b) and 4(e) of this rule have been completed. If the parent does not attend the conference or fails to send the child to public school after the conference, the superintendent may issue a citation provided by the Department of Education in the form set forth as Attachment A which is incorporated by reference into this rule. The citation shall be served in person.
[ED. NOTE: Attachments referenced are available from the agency.]
Source

Last accessed
Jun. 8, 2021