OAR 581-022-2505
Alternative Education Programs

(1)

Sections (2)–(9) of this rule apply to each public or 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)

In order to provide innovative and more flexible ways of educating children, school districts may establish alternative education options within the public school system.

(3)

School districts must adopt policies and procedures for the approval and at least annual evaluation of public and private alternative education programs under ORS 336.615 (Definition for ORS 336.615 to 336.665)-336.665 (Effect of failure to propose alternative programs) (Alternative Education Programs) that receive public funds. Those policies and procedures must provide that:

(a)

The district’s approval and at least annual evaluation must require that a public alternative program complies with all state statutes, rules and federal law applicable to public schools;

(b)

Before contracting with or distributing any public school funds to a private alternative education program, the district must document that:

(A)

The program is registered with the Oregon Department of Education (ODE) under the provisions of OAR 581-021-0072 (Registration of Private Alternative Programs/Schools) by receiving a copy of the Department’s written notice that the program’s registration is approved for the current school year;

(B)

The ODE has assigned the private alternative program an institution identification number;

(C)

Before contracting with or distributing any public school funds to any private alternative education program for special education services identified in a child’s IEP, the program is approved by the Department in compliance with OAR 581-015-2270 (Standards for Approval of Private Schools for School-age Children);

(D)

The program complies with the individual education plan for each student who is eligible to receive special education services;

(E)

An education plan and education profile that meet the requirements of OAR 581-022-2000 (Diploma Requirements) are designed and implemented with each student in the program;

(F)

The education plan includes criteria for determining if, when, where, and how the student may transition from the alternative program;

(G)

A transportation plan is in place ensuring that the program is accessible to each student approved for placement in the program;

(H)

The program assists the district in meeting its comprehensive K-12 instructional program in compliance with OAR 581-022-2030 (District Curriculum);

(I)

The program assures that it provides an instruction based on 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;

(J)

The program assists students in earning diploma credits consistent with OAR 581-022-2000 (Diploma Requirements), 581-022-2010 (Modified Diploma) and 581-022-2020 (Alternative Certificate);

(K)

The program collects and reports to the district each student’s local and state assessment, attendance, behavior, graduation, dropout, and other data required by the district and the state;

(L)

Student data is included in the district’s at least annual evaluation of the program;

(M)

The program complies with federal law; and

(N)

If applicable, the private alternative education program is in compliance with its existing district contract.

(4)

The contract between a school district and a private alternative education program must state that non-compliance with a rule or statute under this rule (OAR 581-022-2505 (Alternative Education Programs)) will result in the termination of the contract, and suspension or revocation of registration by the Department will terminate the district’s contract with the private alternative program and that the private alternative education program’s annual statement of expenditures is reviewed in the district’s’ evaluation in accordance with ORS 336.635 (Enrollment in alternative education program)(2).

(5)

School districts shall adopt policies and procedures to approve placing students in district approved public alternative education programs and district approved private alternative education programs. Such policies and procedures must ensure that:

(a)

Students placed in alternative education programs are those whose educational needs and interests are best served by participation in such programs and will include:

(A)

Students identified pursuant to ORS 339.250 (Duty of student to comply with rules):
(i)
Who are being considered for suspension or expulsion pursuant to ORS 339.250 (Duty of student to comply with rules);
(ii)
Who have been suspended or expelled pursuant to ORS 339.250 (Duty of student to comply with rules);
(iii)) Whose attendance patterns have been found to be so erratic that the students are not benefiting from the regular educational program; or
(iv)
Who have had a second or subsequent occurrence within any three-year period of a severe disciplinary problem;

(B)

Students identified pursuant to ORS 329.485 (Statewide assessment system) and OAR 581-022-1110(5) who do not meet the standards or who exceed all of the standards at any benchmark level;

(C)

Students admitted to the district pursuant to ORS 339.115 (Admission of students) who have not yet turned 21 prior to the start of the school year and who need additional instruction to earn a diploma in compliance with OAR 581-022-2000 (Diploma Requirements);

(D)

Students whose parents or legal guardians apply for the student’s exemption from compulsory attendance on a semiannual basis as provided in ORS 339.030 (Exemptions from compulsory school attendance) and OAR 581-021-0076 (Exemption from Compulsory Attendance); and

(E)

Others who are individually approved for placement consistent with the district’s board policies regarding the placement;

(b)

Placement of a student in a public or private alternative education program may be made only if:

(A)

The student is a resident of the district and the district has legal responsibility for the student’s education consistent with ORS 327.006 (Definitions for State School Fund distributions)(7);

(B)

After assessing the student’s needs and interests and consulting with the parent or guardian, the district determines that the student is not benefiting, has not benefited, or will not benefit from attendance in other district schools or programs;

(C)

The alternative program is determined by the district to best serve the student within local and state academic standards; and

(D)

Placement in the program is made consistent with the student’s education plan pursuant to OAR 581-022-1120(3)(a) and (b) and 581-022-2000 (Diploma Requirements)(3) and with district policies and procedures;

(c)

Placement in a public or private alternative education program must be made with the approval of the student’s resident school district and attending school district; and

(d)

Payment to private alternative education providers must be the actual cost of the program or an amount at least equivalent to 80 percent of the district’s estimated current year’s average per student net operating expenditure, whichever is less.

(6)

A school district must adopt policies and procedures for notification of students, parents or guardians of students of:

(a)

The law regarding alternative education programs;

(b)

The availability of existing alternative education programs; and

(c)

The procedures for students, parents, or guardians of students residing in the district to request the establishment of new alternative education programs.

(7)

School districts must include opportunities for participation by educators, community members, and parents or guardians in the development of policies and procedures under this rule.

(8)

School districts must have policies and procedures in place to ensure that, for the purposes of making claims for state school funds;

(a)

Students enrolled in a public school district and receiving instruction in the district’s comprehensive planned K–12 curriculum consistent with OAR 581-022-2030 (District Curriculum) and who are individually placed by the school district in an alternative education programs are accounted consistent with 581-023-0006 (Student Accounting Records and State Reporting)(7);

(b)

Students supplementing home or private schooling by attending part-time and receiving less than comprehensive education from the district are accounted consistent with OAR 581-023-0006 (Student Accounting Records and State Reporting)(6)(a);

(c)

Students receiving online instruction are accounted consistent with reporting guidelines published in the Oregon Student Personnel Accounting Manual, and

(d)

Activities claimed for state school funds and credits awarded in the alternative education program consistent with OAR 581-023-0008 (Accountable Activities for Alternative Education Programs) are approved by the district and by the contract between a private alternative program and the district.

(9)

School districts must have policies and procedures in place to ensure that data for each student in public and private alternative education programs are included in district reporting as required by ODE.

Source: Rule 581-022-2505 — Alternative Education Programs, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-022-2505.

581–022–0102
Definitions 581–022–0103
State Standards for the 2019-20 School Year 581–022–0104
State Standards for the 2020-21 School Year 581–022–2000
Diploma Requirements 581–022–2005
Veterans Diploma 581–022–2010
Modified Diploma 581–022–2015
Extended Diploma 581–022–2020
Alternative Certificate 581–022–2025
Credit Options 581–022–2030
District Curriculum 581–022–2045
Prevention Education in Drugs and Alcohol 581–022–2050
Human Sexuality Education 581–022–2055
Career Education 581–022–2060
Comprehensive School Counseling 581–022–2100
Administration of State Assessments 581–022–2110
Exception of Students with Disabilities from State Assessments 581–022–2115
Assessment of Essential Skills 581–022–2120
Essential Skill Assessments for English Language Learners 581–022–2130
Kindergarten Assessment 581–022–2205
Policies on Reporting of Child Abuse 581–022–2210
Anabolic Steroids and Performance Enhancing Substances 581–022–2215
Safety of School Sports – Concussions 581–022–2220
Health Services 581–022–2223
Healthy and Safe Schools Plan 581–022–2225
Emergency Plans and Safety Programs 581–022–2230
Asbestos Management Plans 581–022–2250
District Improvement Plan 581–022–2255
School and District Performance Report Criteria 581–022–2260
Records and Reports 581–022–2263
Physical Education Requirements 581–022–2265
Report on PE Data 581–022–2267
Annual Report on use of Restraint and Seclusion 581–022–2270
Individual Student Assessment, Recordkeeping and Reporting 581–022–2300
Standardization 581–022–2305
District Assurances of Compliance with Public School Standards 581–022–2310
Equal Education Opportunities 581–022–2312
Every Student Belongs 581–022–2315
Special Education for Children with Disabilities 581–022–2320
Required Instructional Time 581–022–2325
Identification of Academically Talented and Intellectually Gifted Students 581–022–2330
Rights of Parents of TAG Students 581–022–2335
Daily Class Size 581–022–2340
Media Programs 581–022–2345
Auxiliary Services 581–022–2350
Independent Adoptions of Instructional Materials 581–022–2355
Instructional Materials Adoption 581–022–2360
Postponement of Purchase of State-Adopted Instructional Materials 581–022–2370
Complaint Procedures 581–022–2400
Personnel 581–022–2405
Personnel Policies 581–022–2410
Teacher and Administrator Evaluation and Support 581–022–2415
Core Teaching Standards 581–022–2420
Educational Leadership — Administrator Standards 581–022–2430
Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses 581–022–2440
Teacher Training Related to Dyslexia 581–022–2445
Universal Screenings for Risk Factors of Dyslexia 581–022–2500
Programs and Services for Talented and Gifted Students 581–022–2505
Alternative Education Programs 581–022–2510
Suicide Prevention Plan
Last Updated

Jun. 8, 2021

Rule 581-022-2505’s source at or​.us