Conduct of Schools Generally
Private alternative programs
- applicability of laws
- placement of students
(1)Prior to contracting with or distributing any public funds to a private alternative education program, a district school board shall:
(a)Annually approve the private alternative education program;
(b)Determine that the private alternative education program is registered with the Department of Education; and
(c)Determine that the private alternative education program complies with the requirements of subsection (2) of this section and ORS 336.625 (Goals) (3)(c).
(2)The following laws apply to private alternative education programs that are registered with the Department of Education under ORS 336.635 (Enrollment in alternative education program) in the same manner as the laws apply to school districts and public schools:
(b)ORS 181A.195 (Criminal records check), 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 342.223 (Criminal records check) (criminal records checks);
(c)ORS 329.496 (Physical education participation) (physical education);
(d)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);
(e)ORS 659.850 (Discrimination in education prohibited), 659.855 (Sanctions for noncompliance with discrimination prohibitions) and 659.860 (Enforcement of ORS 659.850) (discrimination);
(f)ORS 339.122 (Disclosures in promotional materials) (advertisement requirements);
(g)Health and safety statutes and rules; and
(h)Any statute, rule or school district policy that is specified in a contract between the school district board and the private alternative education program.
(3)Prior to placement of a student in a private alternative education program, the resident district shall determine whether the proposed placement best serves the student’s educational needs and interests and assists the student in achieving the district and state academic standards.
(4)Contracts between a school district and a private alternative education program shall be included in the assessment of effectiveness provided for in ORS 329.085 (Assessment of schools and school districts required). [1997 c.521 §11; 1999 c.59 §84; 2001 c.490 §3; 2005 c.730 §15; 2007 c.35 §5; 2007 c.256 §4; 2007 c.839 §6; 2010 c.72 §§7,8; 2015 c.245 §§45,46]
§§ 336.615 to 336.665
Law Review Citations
36 WLR 265 (2000)