Roseburg Public Schools

Section I - Instruction

Code: IB
Adopted: 8/13/97, 2/27/08
Re-adopted: 8/10/22
Original Code: IB

Students have a general right to freedom of expression within the school system. The district requires that students exercise their rights fairly, responsibly and in a manner not disruptive to other individuals or to the educational process.

Freedom of Student Inquiry and Expression
1. Generally, students and student organizations are free to examine and discuss questions of interest to them and to express opinions publicly and privately within the school system, provided such examination and expression is fair and responsible and is not disruptive to other individuals or to the educational process. Students may support or oppose causes by orderly means which do not disrupt other individuals or the operation of the school.
1. In the classroom, students are free to examine views offered in any course of study, provided such examination is expressed in a responsible manner.
  
  Freedom of Association
Students are free to organize associations to promote their common interests. Student organizations should be open to all students. Membership criteria may not exclude students on the basis of age, race, religion, color, national origin, disability, marital status, familial status, parental status, linguistic background, culture, socioeconomic status, capability, geographic location, sex, sexual orientation or gender identity. Each student organization must have a staff adviser to counsel and, when necessary, supervise students in the organization. All student organizations must submit to the school a statement of purpose, criteria for membership, rules and procedures and a current list of officers. School administrators may establish reasonable rules and regulations governing the activity of student organizations.

Publications K-8, Displays and Productions

On occasion, materials such as leaflets, newsletters, cartoons and other items including displays and productions are prepared, produced and/or distributed by students as part of the educational process and free expression in an academic community. Materials may be reviewed by the administrator or may be restricted or prohibited pursuant to legitimate educational concerns. Such concerns include:
1. The material is or may be defamatory;
2. The material is inappropriate based on the age, grade level and/or maturity of the audience;
3. The material is poorly written, inadequately researched, biased or prejudiced;
4. Whether there is an opportunity for a named individual or named individuals to make a response;
5. Whether specific individuals may be identified even though the material does not use or give names;
6. The material is or may be otherwise generally disruptive to the school environment. Such disruption may occur, e.g., if the material uses, advocates or condones the use of profane language or advocates or condones the commission of unlawful acts;
7. Students, parents and members of the public might reasonably perceive the materials to bear the sanction or approval of the districts.
  
  High School Student Journalists
Generally, high school student journalists have the right to exercise freedom of speech and of the press in school-sponsored media. “School -sponsored media” means materials that are prepared, substantially written, published or broadcast by student journalists; that are distributed or generally made available, either free of charge or for a fee, to members of the student body; and that are prepared under the direction of a student media adviser.

School-sponsored media does not include media intended for distribution or transmission solely in the classrooms in which they are produced.

School-sponsored media prepared by student journalists are subject to reasonable time, place and manner restrictions, pursuant to state and federal law. School-sponsored media cannot contain material that:
1. Is libelous or slanderous;
2. Is obscene, pervasively indecent or vulgar;
3. Is factually inaccurate or does not meet journalistic standards established for school-sponsored media;
4. Constitutes an unwarranted invasion of privacy;
5. Violates federal or state law or regulation; or
6. So incites students as to create a clear and present danger of:
  1. The commission of unlawful acts on or off school premises;
  2. The violation of district or school policies; or
  3. The material and substantial disruption of the orderly operation of the school. A school official will base a forecast of material and substantial disruption on specific facts, including past experience in the school and current events influencing student behavior, and not on undifferentiated fear or apprehension.
Modifications or removal of items may be appealed in writing to the superintendent. The superintendent shall schedule a meeting within three school days of receiving the written appeal. Those present at the meeting shall include the individual(s) making the appeal, the individual(s) who made the decision to modify or remove materials and the superintendent. At the superintendent’s discretion, the district’s legal counsel may also attend the meeting. The superintendent shall make a decision within three school days of the meeting. The superintendent’s decision shall be final and binding on all parties.

END OF POLICY

Legal Reference(s)
ORS 174.100
ORS 329.025
ORS 332.072
ORS 332.107
ORS 336.477
ORS 339.880
ORS 339.885
ORS 659.850
OAR 581-021-0050
OAR 581-021-0055

Equal Access Act, 20 U.S.C. §§ 4071-4074 (2018).

Westside Community Board of Education v. Mergens, 496 U.S. 226 (1990).

Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

U.S. Constitution, amendment 1; U.S. Constitution, amendment XIV.

Oregon Constitution, article I, § 8.

House Bill 3041 (2021)
Code: IBDJA
Adopted: 8/13/97
Revised/Adopted: 8/10/22
Orig. Code: IBDJA

The district recognizes the rights of parents to educate students at home and acknowledges the education service district’s role in registering and monitoring test results for students who are being taught at home.
Further, the Board is willing to assist parents in this endeavor if a request is made through the superintendent. The district will furnish basic course descriptions, state standards for elementary and secondary education, and when available, may furnish basic instructional materials upon deposit of a loss/damage fee. The district will not provide instructional materials, lesson plans or curriculum guides to students being instructed at home.
Students may, upon parent request, be allowed to participate in district programs such as physical education programs, instrumental and vocal music programs, or other selected options if space and materials are available. Such students must then adhere to regular attendance procedures as established by the school and must avoid disruption of said programs. Parents are responsible for transportation for students attending selected school offerings.
Parents are responsible for transportation for students attending selected school offerings.
Only courses recognized by the State of Oregon will earn credits toward a diploma. The district does not accept home instruction course credit toward graduation requirements.
Home schooled students may participate in available interscholastic activities if the following requirements are met:
1. The student can meet the district eligibility requirements except the district or class attendance requirements;
2. The student need not meet class requirements of the voluntary association administering the interscholastic activities;
3. The student must meet one of the following:
  1. The student must achieve the minimum score on an examination from the list adopted by the State Board of Education that places the student at or above the 23rd percentile based on national norms. The examination shall be taken at the end of each school year. The parent or guardian shall submit the examination results to the district. The student may participate while awaiting test results; or
  2. The district may adopt alternative requirements, in consultation with the parent or guardian, that a student must meet to participate in interscholastic activities, including, but not limited to, a requirement that a student submit a portfolio of work samples to the district for review to determine whether a student is eligible to participate in interscholastic activities.
4. The student must fulfill the same responsibilities and standards of behavior and performance including related class or practice requirements of other students participating in the interscholastic activity. The students must meet the same standards for acceptance on the team or squad. The student must also comply with all public school requirements during the time of participation;
5. The student must reside in the attendance boundaries of the school for which the student participates.
“Interscholastic activities” means, athletics, music, speech and other similar or related activities.

END OF POLICY

Legal Reference(s)
ORS 326.051
ORS 339.030
ORS 339.035
ORS 339.450 to -339.460
OAR 581-021-0026 to -0029
OAR 581-021-0033
OAR 581-021-0071
OAR 581-021-0210
OAR 581-022-2505
Code: IC/ICA
Adopted: 8/13/97
Revised/Readopted: 8/10/22
Orig. Code: IC/ICA

The Board will approve the school year calendar for the following year no later than its April meeting following due consideration of the recommendation of the superintendent and the input from staff, parents and the community. After Board approval, any modification of the calendar will require Board action.

The superintendent will develop a school calendar that satisfies the requirements of Oregon Administrative Rule 581-022-2320. The calendar will include the number of student days/hours, number of work days for staff and holidays. The calendar will meet or exceed state requirements. The starting and ending times for the school day will be established annually by the superintendent.

Any instructional hours lost will be made up to ensure that the state-required number of hours are met by the district.

END OF POLICY

Legal Reference(s)
ORS 187.010
ORS 243.650
ORS 332.075 (1)(a)
ORS 332.107
ORS 336.010
OAR 581-022-2320
Code: IF
Adopted: 8/13/97
Revised/Readopted: 8/10/22
Orig. Code: IF

The Board recognizes that to improve the quality of instructional programs and to respond to changing societal and community needs, it cannot permit the curriculum to remain static. The Board deems it essential that the district develop and implement an instructional management system which will modify curricula to meet changing needs, ensuring quality educational programs serving each individual student’s interests.

While the Board retains its full rights and responsibilities under the laws and regulations of the State of Oregon with regard to determining curriculum. It authorizes the administration to organize committees and other structures which would be responsive and representative to review the curriculum periodically, and to advise the Board on needed changes. Such committees and other structures will include staff, parents and members of the community as deemed appropriate by the district.

Decision making within the curriculum improvement process should be based on reliable data collected through a comprehensive assessment of needs. The assessment should include, but is not limited to, evaluation of student performance using appropriate measurement tools and procedures, surveys of parent perceptions and professional staff recommendations.

END OF POLICY

Legal Reference(s)
ORS 329.025
ORS 332.075
ORS 336.067
OAR 581-021-0045
OAR 581-021-0046
OAR 581-022-2000
OAR 581-022-2030
OAR 581-022-2250
OAR 581-022-2300
OAR 581-022-2305
OAR 581-022-2310
OAR 581-022-2315
Code: IFCA
Adopted: 10/27/93
Re-adopted: 8/13/97
Original Codes: 4010-4050

The Board directs the superintendent to encourage community involvement in shared decision making and to foster the collaborative efforts of district personnel, students, parents and community members through 21st Century Schools Councils at each school site.

Additionally, the Board may, as deemed necessary for assisting in the administration of grants or for coordination of districtwide programs, establish a 21st Century Schools Council and/or other special committees at the district level for specific projects or issues.

The establishment and charge of a 21st Century Schools Council shall not interfere with the duties, responsibilities and rights of the duly elected Board.

Site Council Members

A 21st Century Schools Council, i.e., site council, shall be composed of teachers, parents, classified employees and administrators or their designees as follows:

1. Not more than half of the members shall be teachers;

2. Not more than half of the members shall be parents or guardians of students attending that school;

3. At least one member shall be a classified employee;

4. One member shall be an administrator or designee.

Other members may be designated by the site council from district patrons that include but are not limited to, local school committee members, business leaders, students and members of the community-at-large.

Selection

The members of a 21st Century Schools Council shall be selected as follows:

1. Teachers shall be licensed teachers elected by licensed teachers at the school site;

2. Classified employees shall be elected by classified employees at the school site;

3. Parents shall be selected by parents of students attending the school, by a process to be defined by the Board; and

4. Others shall be selected by the council.

Duties

The duties of the 21st Century Schools Council shall include, but not be limited to:
1. The development of plans to improve the professional growth of the school’s staff;
2. The improvement of the school’s instructional program;
3. The development and coordination of plans for the implementation of programs at the school in accordance with Oregon’s Educational Act for the 21st Century;
4. The administration of grants-in-aid for the professional development of teachers and classified employees.
If the Board determines that a school site is unable to fulfill the requirement of the 21st Century Schools Council as outlined in this policy, or if the needs of a school site require a different composition, the Board shall establish the 21st Century Schools Council in a manner that best meets the educational needs of the district. The 21st Century Schools Council may request a waiver of Board policy. A waiver request must be submitted in writing to the superintendent. The superintendent will submit the waiver request and his/her recommendation to the Board for final approval. A policy waiver request will be considered based on the district’s mission statement, philosophy, Board-adopted goals and effective schooling tenets.

All 21st Century Schools Council decisions are subject to superintendent and Board review and approval, respectively. In no case will a 21st Century Schools Council, i.e., site council, abrogate any provision of the district’s collective bargaining agreements, district contracts or Board policy.

All 21st Century Schools Council meetings shall follow the notice, meeting and record-keeping requirements of the Public Records and Meetings Law.

END OF POLICY

Legal Reference(s)
ORS 192.660 - 192.690
ORS 243.650
ORS 243.782
ORS 329.125
ORS 329.704
OAR 581-020-0100 to -0115
OAR 581-020-0125
OAR 581-020-0130
Code: IGAC
Adopted: 3/2018
Re-adopted: 88/10/22
Original Code: IGAC

Religious education is the responsibility of the home and church and within the district’s schools shall remain the free choice of the individual, true to American heritage and the Constitution. The district recognizes that one of its educational goals should be to advance the student’s knowledge of the role of religion in the social, cultural and historical development of civilizations.

Teachers may provide information and opportunity for students to study the forms of various religions. It is proper for teachers to teach about religion as opposed to teaching sectarian beliefs, although study of the Bible and other sacred documents as literary forms may inform students concerning particular sectarian belief.

Teachers shall be permitted to teach or present to students information concerning religions and religious beliefs, but teachers shall not promote or inhibit, openly or covertly or by subtlety, a particular religion, religious belief or nonreligious belief.

Students and staff members may be excused from participating in programs or activities which are contrary to their religious beliefs without penalty.

END OF POLICY

Legal Reference(s)
ORS 332.107
ORS 336.035

United States Constitution, Amendment I.
Oregon Constitution, Article I.

Kennedy v. Bremerton Sch. Dist., 142 S. Ct. 2407 (2022).
Code: IGAC-AR
Adopted: 3/2018
Re-adopted: 8/10/22
Original Code: IGACA-AR

Observances of Religious Holidays

The practice of the district shall be as follows:
1. The several holidays throughout the year which have a religious and secular basis should be observed in the public schools.
2. The historical and contemporary values and the origin of religious holidays should be explained in an unbiased and objective manner without sectarian indoctrination.
3. Music, art, literature and drama having religious themes or bases are permitted and encouraged as part of the curriculum for school-sponsored activities and programs if presented in a prudent and objective manner and as a traditional part of the cultural and religious heritage of the particular holiday.
4. The use of religious symbols such as a cross, menorah, crescent, Star of David, creche, symbols of Native American religions or other symbols that are a part of a religious holiday are permitted as a teaching aid or resource provided such symbols are displayed as an example of the cultural and religious heritage of the holiday and are temporary in nature.
Religion in the Curriculum
1. The district supports the inclusion of religious literature, music, drama and the arts in the curriculum and in school activities provided it is intrinsic to the learning experience in the various fields of study and is presented objectively.
2. The emphasis on religious themes in the arts, literature and history should be only as extensive as necessary for a balanced and comprehensive study of these areas. Such studies should never foster any particular religious tenets or demean any religious beliefs.
3. As curriculum and instruction includes theories, views and precepts.
4. Student-initiated expressions to questions or assignments which reflect their beliefs or non-beliefs are permissible. For example, students are free to express religious belief or non-belief in compositions, art forms, music, speech and debate.
Traditional Observances

Traditions are a cherished part of the community life and the district expresses an interest in maintaining those traditions which have had a significance to the community. Such ceremonies should recognize the religious pluralism of the community.

Therefore, the practice of the district shall be as follows:
1. Because the baccalaureate service is traditionally religious in nature and shall not be sponsored by the district. One or more community groups may hold a baccalaureate service on district property or in a district facility, but must conform to the current community use policy.
2. A memorial service which is religious in nature shall not be sponsored by the district. One or more community groups or individuals may hold a memorial service on district property or in a district facility, but must conform to the current community use policy.
Code: IGAEB
Adopted: 8/24/16
Re-adopted: 8/10/22
Orig. Code: IGAEB

Students have a right to attend school in an environment conducive to learning. Since student drug, alcohol and tobacco use is illegal and harmful and interferes with both effective learning and the healthy development of students, the school has a fundamental legal and ethical obligation to prevent unlawful drug, alcohol and tobacco use and to maintain a drug-free educational environment.

After consulting with parents, teachers, school administrators, local community agencies and persons from the drug, alcohol or health service community who are knowledgeable of the latest research information, the Board will adopt a written plan for a drug, alcohol and tobacco prevention and intervention program.

Drug Prevention Program

The district’s drug, alcohol and tobacco curriculum will be age -appropriate, reviewed annually and updated as necessary to reflect current research and Oregon’s Health Education Academic Content Standards.

Drug, alcohol and tobacco prevention instruction will be integrated in the district’s health education courses for grades K-12. Students not enrolled in health education shall receive such instruction through other designated courses. At least annually, all high school students, grades 9-12, shall receive instruction about drug and alcohol prevention. Instruction shall minimally meet the requirements set forth in Oregon Administrative Rules.

The district will include information regarding the district’s intervention and referral procedures, including those for drug-related medical emergencies, in student/parent and staff handbooks.

“Intervention” is defined as the identification and referral of students whose behavior is interfering with their potential success socially, emotionally, physiologically, and/or legally as a result of prohibited use of drugs, alcohol, tobacco, synthetic substances (i.e., bath salts) and vapor consumption devices.

Any staff member who has reason to suspect a student is in possession of, or under the influence of unlawful drugs, alcohol, other intoxicants or tobacco on district property, on a school bus or while participating in any district-sponsored activity, whether on district property or at sites off district property, will escort the student to the office or designated area and will report the information to the principal or his/her designated representative.

The principal or designee will:
1. Call law enforcement if deemed appropriate;
2. Call the parents/guardians for a meeting;
3. Discuss the incident with student, parents/guardians if available and law enforcement if contacted;
4. Implement the penalty for violations using due process procedures;
5. Tell parents/guardians about resources which offer treatment or assistance for young people suffering from drug-, alcohol- or tobacco-related problems.
Students possessing, using and/or selling unlawful drugs, including drug paraphernalia, alcohol and tobacco on district property, in district vehicles, at district-sponsored activities on or off district grounds shall be subject to discipline up to and including expulsion. When considering disciplinary action for a child with disabilities, the district must follow the requirements of Board policy JGDA/JGEA – Discipline of Students with Disabilities including those involving functional behavioral assessment, change of placement, manifestation determination and an interim alternative educational setting. Students may also be referred to law enforcement officials.

Each year the administration will meet with law enforcement officials to discuss:
1. Who the school should call for suspected violations of the law or other needs;
2. How school representatives should handle evidence of a suspected offense (i.e., school staff should not taste a substance to ascertain whether or not it is a drug). What about fingerprints? Paraphernalia?
3. What questioning procedures may take place on district property?
4. Other needs of the district and law enforcement to avoid conflicts or confusion before a substance-related incident occurs.
In general, drug-related medical emergencies will be handled like a serious accident or illness. Immediate notification of the community emergency care unit is required. Trained staff members will assist the student in any way possible. Parents/Guardians shall be contacted immediately. A staff member shall be designated to accompany the student to the hospital or emergency medical facility. Procedures to be taken, including those for students participating in district-sponsored activities off district grounds, shall be included in the district’s comprehensive first aid/emergency plan.

The district will actively seek funds from outside sources either independently or through coordinated efforts with other districts, community agencies or the education service district for drug-free schools grants.

A planned staff development program that includes current drug, alcohol and tobacco prevention education, an explanation of the district’s plan and staff responsibilities within that plan will be developed by the superintendent. The input of staff, parents and the community is encouraged to ensure a staff development program that best meets the needs of district students.

The district will develop a public information plan for students, staff and parents.

The district’s Drug, Alcohol and Tobacco Prevention, Health Education plan, related Board policies, rules and procedures will be reviewed annually and updated as needed.

END OF POLICY

Legal Reference(s)
ORS 163.575
ORS 336.067
ORS 336.222
ORS 339.873
ORS Chapter 475
OAR 581-011-0052
OAR 581-015-2000
OAR 581-015-2040
OAR 581-015-2045
OAR 581-015-2050
OAR 581-015-2055
OAR 581-015-2060
OAR 581-015-2070
OAR 581-015-2075
OAR 581-015-2205
OAR 581-015-2220
OAR 581-015-2225
OAR 581-015-2230
OAR 581-015-2235
OAR 581-015-2240
OAR 581-015-2325
OAR 581-015-2410
OAR 581-015-2415
OAR 581-015-2420
OAR 581-015-2425
OAR 581-015-2430
OAR 581-015-2435
OAR 581-015-2440
OAR 581-015-2600
OAR 581-015-2605
OAR 581-021-0050
OAR 581-021-0055
OAR 581-022-2030
OAR 581-022-2045

Drug-Free Workplace Act of 1988, 41 U.S.C. §§ 8101-8106 (2012); General Principles Relating to Suspension and Debarment Actions, 34 C.F.R. §§ 84.100-84.670; 86.1-86.7 (2017).
Controlled Substances Act, 21 U.S.C. § 812 (2012); Schedules of Controlled Substances, 21 C.F.R. §§ 1308.11-1308.15 (2017).
Safe and Drug-Free Schools and Communities Act, 20 U.S.C. §§ 7101-7117 (2012).
Code: IGAJ
Adopted: 8/13/97
Revised/Readopted: 8/10/22
Orig. Code: IGAJ

If a traffic safety education is provided by the district, the program will be available to all eligible resident students. The district will charge a tuition rate as established by the Board.

Eligible non-resident students may enroll in the district’s traffic safety education program if resources are available. Non-resident students will be charged tuition.

No resident student shall be denied enrollment in the district’s traffic safety education program based solely on the ability to pay tuition.

The district will develop procedures for establishing tuition rates, enrolling non-resident students and reducing or waiving tuition.

END OF POLICY

Legal Reference(s)
ORS 336.790 - 336.815
ORS 339.141
ORS 802.110
OAR 737-015-0010 to -0100
Code: IGAJ-AR
Adopted: 8/13/97
Revised/Readopted: 8/10/22
Orig. Code: IGAJ-AR

The following procedures shall be used in implementing the district’s traffic safety education program.

Tuition Rate

Each year prior to the Board’s organization meeting, following July 1, the superintendent will provide the Board with data regarding the district’s traffic safety education program. The data shall include the number of available “slots”, the number of “slots” filled, the number of resident and non-resident students enrolled, the cost of the program, the amount of state reimbursement and other appropriate information. From this data, the superintendent will propose a tuition rate for Board adoption annually.

Nonresident Student Enrollment

Each August the superintendent will identify districts that might benefit from the district’s traffic safety education program.

The superintendent may send a letter inviting nonresident student application. Such application shall establish a “waiting list.” The waiting list shall be based upon a “first come, first served” basis. When the resident student enrollment is established, the waiting list will be activated.

All students participating in the district’s driver education program shall be subject to the district’s code of conduct, policies and regulations. Violation may result in disciplinary action to include denial in the driver education program.

Reduction or Waived Tuition

The district may waive or reduce the established fee for driver education.

Students who qualify for free or reduced price meals under the federal lunch program or students in situations in which the tuition is a severe hardship as determined by the district may be considered for tuition reduction or waiver.

Tuition waivers or reductions may result in:
1. Accessing a fund set aside to assist needy students;
2. Setting up a work program with the student;
3. Setting up a “payment plan”;
4. Other.
Code: IGBA
Adopted: 10/10/90
Re-adopted: 8/13/97, 10/11/00, 2/27/08,/6/13/12, 1/24/18; 8/10/22
Original Code: IGBA

The district implements an ongoing system to locate, identify and evaluate all children birth to age 21 residing within its jurisdiction who have disabilities and need early intervention, early childhood special education (EI/ECSE) or special education services. For preschool children the district is responsible for the evaluation(s) used to determine eligibility; the designated referral and evaluation agency, Douglas ESD, is responsible for determining the eligibility of children for EI/ECSE services in accordance with Oregon Administrative Rule (OAR) 581-015-2100. The district identifies all children with disabilities, regardless of the severity of their disabilities, including those who are:
1. Highly mobile, such as migrant and homeless children;
2. Wards of the state;
3. Native American [1] preschool children living on reservations;
4. Suspected of having a disability even though they advance from grade to grade;
5. Home schooled;
6. Resident and nonresident students, including residents of other states, attending a private school (religious or secular) located within the boundaries of the district;
7. Attending a public charter school located in the district;
8. Below the age of compulsory school attendance who are not enrolled in a public or private school program;
9. Above the age of compulsory school attendance who have not graduated from high school with a regular high school diploma and have not completed the school year in which they reach their 21st birthday.
The district determines residency in accordance with Oregon Revised Statutes (ORS) Chapter 339 and, for the purposes of public charter school students with disabilities, in accordance with ORS Chapter 338 and ORS Chapter 339. The district enrolls all students who are five on or before September 1 of the current school year. Students with disabilities are eligible to enroll in the district through the school year in which they reach the age of 21 if they have not graduated with a regular high school diploma.

The district shall annually submit data to the Oregon Department of Education (ODE) regarding the number of resident students with disabilities who have been identified, located and evaluated and are receiving special education and related services. The district conducts an annual count of the total number of private school children attending private schools located within the boundaries of the district, and a count of all children with disabilities attending private schools located within the boundaries of the district, in
accordance with OAR 581-015-2465. The district reports any additional data to ODE as required by the ODE to meet the requirements of federal or state law and the applicable reporting dates.

END OF POLICY

1 The Individuals with Disabilities Education Act uses the term “Indian.”

Legal Reference(s)
ORS 332.075
ORS 338.165
ORS 339.115 -339.137
ORS 343.151
ORS 343.157
ORS 343.193
ORS 343.221
ORS 343.517
ORS 343.533
OAR 581-015-2040
OAR 581-015-2045
OAR 581-015-2080
OAR 581-015-2085
OAR 581-015-2190
OAR 581-015-2195
OAR 581-015-2315
OAR 581-015-2480
OAR 581-021-0029
OAR 581-022-2315

Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1412 (a)(3)(2017).
Early Intervention Program for Infants and Toddlers with Disabilities, 34 C.F.R. Part 303 (2017).
Assistance to States for the Education of Children with Disabilities, 34 C.F.R. § 300.111 (2017).
Code: IGBA-AR
Adopted: 8/13/97
Re-adopted: 11/7/03, 2/27/08, 6/13/12, 1/24/18, 8/10/22
Orig. Code: IGBA-AR

1. The district’s child find efforts include:
1. Public awareness. District child find activities involve local media resources and direct contact activities, such as presentations at community meetings, business group meetings, services agencies or advocacy organizations.
  1. The district provides information about special education services in the district and the district's special education referral process to public and private facilities and public charter schools located in the district, including day care centers, homeless shelters, group homes, county jails, hospitals, medical officer and other facilities that serve children birth to 21 years old.
  2. The district provides information about special education services and how to make a referral to any migrant education programs operating in the district
2. Notice of confidentiality. Before any major child find activity, the district publishes notice in newspapers or other media, or both, informing parents that confidentiality requirements apply to these activities. Circulation for this notice must be adequate to inform parents within the district’s jurisdiction.
3. Staff awareness. The district ensures that staff are knowledgeable of the characteristics of disabilities and the referral procedures for students, including preschool children, suspected of having disabilities.
4. Communication to parents. District staff shall inform parents about the availability of special education services in the district and provide them with information about initiating referral for special education evaluation, including the information about early intervention/early childhood special education services (EI/ECSE) and the designated referral and evaluation agencies with which the district collaborates.
2. Private School Children with Disabilities
1. The district’s child find system applies to children, including those children who are residents of another state, that are enrolled by their parents in private schools located within the boundaries of the district.
2. The district’s child find activities for private school students enrolled by their parents in private schools are similar to, and completed within a comparable time period, as child find activities for students in district public schools.
3. The district does not include the cost of conducting child find activities for private school students, including individual evaluations, in determining whether it has spent a proportionate share of its federal Individuals with Disabilities Education Act (IDEA) funds on parentally -placed school students with disabilities.
4. The district consults with private school representatives and parents of private school students with disabilities about how to carry out these child find activities, including:
  1. How private school children suspected of having a disability can participate equitably; and
  2. How parents, teachers and private school officials will be informed of the process.
5. The district child find process for parentally‑placed private school students ensures the equitable participation of parentally‑placed private school students with disabilities and an accurate count of such children.
3. Home‑Schooled Students with Disabilities:
1. The district collaborates with the education service district (ESD) that serves the district to ensure that the district responds promptly to information about home -schooled students with suspected disabilities.
2. The district collaborates with home schooling organizations in the district’s jurisdiction and provides information about special education services in the district and how to make a referral.
3. If the district has reason to suspect that a home-schooled student has a disability, the district will obtain parent consent for initial evaluation.
Code: IGBAB/JO (JO/IGBAB)
Adopted: Unknown
Re-adopted: 8/13/97, 4/9/08, 9/25/13, 8/10/22; 11/16/22
Original Codes: IGBAB/JO

“Education records” are those records maintained by the district that are directly related to a student.

The primary reason for the keeping and maintaining of education records for students is to help the individual student in his/her educational development by providing pertinent information for the student, his/her teachers and his/her parents. These records also serve as an important source of information to assist students in seeking productive employment and/or post-high school education.

The district shall maintain confidential education records of students in a manner that conforms with state and federal laws and regulations.

Information recorded on official education records should be carefully selected, accurate, verifiable and should have a direct and significant bearing upon the student’s educational development.

The district annually notifies parents or adult students that it forwards educational records requested by an educational agency or institution in which the student seeks to enroll or receive services, including special education evaluation services.

The district shall comply with a request from parents or an adult student to inspect and review records without unnecessary delay. The district provides to parents of a student with a disability or to an adult student with a disability the opportunity at any reasonable time to examine all of the records of the district pertaining to the student’s identification, evaluation, educational placement and free appropriate public education. The district provides parents or an adult student, on request, a list of the types and locations of education records collected, maintained and used by the district.

The district annually notifies parents of all students, including adult students, currently in attendance that they have to right to:
1. Inspect and review the student’s records;
2. Request the amendment of the student’s educational records to ensure that they are not inaccurate, misleading or otherwise in violation of the student’s privacy or other rights;
3. Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that the student educational record rules authorize disclosure without consent. (See Board policy JOB – Personally Identifiable Information);
4. File with the U.S. Department of Education a complaint concerning alleged failures by the district to comply with the requirements of the Family Educational Rights and Privacy Act; and
5. Obtain a copy of the district’s education records policy.
The district’s notice includes criteria for determining legitimate educational interest and the criteria for determining which school officials within the agency have legitimate educational interests. School officials may also include a volunteer or contractor who performs an institutional service on behalf of the school.

The district annually notifies parents and adult students of what it considers to be directory information and the disclosure of such. (See Board policy JOA – Directory Information).

The district shall give full rights to education records to either parent, unless the district has been provided legal evidence that specifically revokes these rights. Once the student reaches age 18 those rights transfer to the student.

A copy of this policy and administrative regulation shall be made available upon request to parents and students 18 years of age or older or an emancipated student and the general public.

Records requested by another district to determine a student’s appropriate placement may not be withheld.

END OF POLICY

Legal Reference(s)
ORS 30.864
ORS 107.154
ORS 326.565
ORS 326.575
ORS 326.580
ORS 339.270
ORS 343.177 (3)
OAR 166-400-0010 to 166-400-0065
OAR 581-021-0220 to -0430
OAR 581-022-2260
OAR 581-022-2270

Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1419 (2012).
Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (2012); Family Educational Rights and Privacy, 34 C.F.R. Part 99 (2017).
Assistance to States for the Education of Children with Disabilities, 34 C.F.R. § 300.501 (2017).
Code: IGBAB/JO-AR
Adopted: 8/1/97
Re-adopted: 4/9/08, 10/9/13; 8/10/22
Orig. Code: IGBAB/JO-AR

1. Student Education Record

Student education records are those records that are directly related to a student and maintained by the district, or by a party acting for the district; however, this does not include the following:
1. Records of instructional, supervisory and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record, used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;
2. Records of the law enforcement unit of the district subject to the provisions of Oregon Administrative Rule (OAR) 581-021-0225;
3. Records relating to an individual who is employed by the district that are made and maintained in the normal course of business, which relate exclusively to the individual in that individual’s capacity as an employee and that are not available for use for any other purpose. Records relating to an individual in attendance at the district who is employed as a result of his/her status as a student, are education records and are not excepted under this section;
4. Records on a student who is 18 years of age or older, or is attending an institution of post-secondary education, that are:
  1. Made or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in his/her professional capacity or assisting in a paraprofessional capacity;
  2. Made, maintained or used only in connection with treatment of the student; and
  3. Disclosed only to individuals providing the treatment. For purposes of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the district.
5. Records that only contain information relating to activities in which an individual engaged after he/she is no longer a student at the district;
6. Medical or nursing records which are made or maintained separately and solely by a licensed health -care professional who is not employed by the district, and which are not used for education purposes or planning.
The district shall keep and maintain a permanent record on each student which includes the:
1. Name and address of educational agency or institution;
2. Full legal name of the student;
3. Student birth date and place of birth;
4. Name of parents;
5. Date of entry in school;
6. Name of school previously attended;
7. Course of study and marks received;
8. Data documenting a student’s progress toward achievement of state standards and must include a student’s Oregon State Assessment results;
9. Credits earned;
10. Attendance;
11. Date of withdrawal from school; and
12. Such additional information as the district may prescribe.
The district may also request the social security number of the student and will include the social security number on the permanent record only if the eligible student or parent complies with the request. The request shall include notification to the eligible student or the student’s parent(s) that the provision of the social security number is voluntary and notification of the purpose for which the social security number will be used.

The district shall retain permanent records in a minimum one-hour fire-safe place in the district, or keep a duplicate copy of the permanent records in a safe depository in another district location.

2. Confidentiality of Student Records
1. The district shall keep confidential any record maintained on a student in accordance with OAR 581-021-0220 through 581-021-0430.
2. Each district shall protect the confidentiality of personally identifiable information at collection, storage, disclosure and destruction stages.
3. Each district shall identify one official to assume responsibility for ensuring the confidentiality of any personally identifiable information.
4. All persons collecting or using personally identifiable information shall receive training or instruction on state policies and procedures.
3. Rights of Parents and Eligible Students

The district shall annually notify parents and eligible students through the district student/parent handbook or any other means that are reasonably likely to inform the parents or eligible students of their rights. This notification shall state that the parent(s) or an eligible student has a right to:
1. Inspect and review the student’s education records;
2. Request the amendment of the student’s education records to ensure that they are not inaccurate, misleading or otherwise in violation of the student’s privacy or other rights;
3. Consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that the applicable state or federal law authorizes disclosure without consent;
4. Pursuant to OAR 581-021-0410, file with the Family Policy Compliance Office, United States Department of Education a complaint under 34 C.F.R. §99.64 concerning alleged failures by the district to comply with the requirements of federal law; and
5. Obtain a copy of the district policy with regards to student education records.
The notification shall also inform parents or eligible students that the district forwards education records requested under OAR 581-021-0255. The notification shall also indicate where copies of the district policy are located and how copies may be obtained.

If the eligible student or the student’s parent(s) has a primary or home language other than English, or has a disability, the district shall provide effective notice.

These rights shall be given to either parent unless the district has been provided with specific written evidence there is a court order, state statute or legally binding document relating to such matters as divorce, separation or custody that specifically revokes these rights.

When a student becomes an eligible student, which is defined as a student who has reached 18 years of age or is attending only an institution of post-secondary education and is not enrolled in a secondary school, the rights accorded to, and the consent required of, the parents transfer from the parents to the student. Nothing prevents the district from giving students rights in addition to those given to parents.

4. Parent’s or Eligible Student’s Right to Inspect and Review

The district shall permit an eligible student or student’s parent(s) or a representative of a parent or eligible student, if authorized in writing by the eligible student or student’s parent(s), to inspect and review the education records of the student, unless the education records of a student contain information on more than one student. In that case the eligible student or student’s parent(s) may inspect, review or be informed of only the specific information about the student. The district shall comply with a request for access to records:
1. Without undue delay, which may not exceed 10 business days, as defined in ORS 192.311, from the date of the request for records;
2. For children with disabilities before any meeting regarding an individual education program (IEP), or any due process hearing, or any resolution session related to a due process hearing;
3. In no case more than 45 days after it has received the request.
The district shall respond to reasonable requests for explanations and interpretations of the student’s education record.

The parent(s) or eligible student shall comply with the following procedure to inspect and review a student’s education record:
1. Provide a written, dated request to inspect a student’s education record; and
2. State the specific reason for requesting the inspection.
The written request will be permanently added to the student’s education record.

The district shall not destroy any education record if there is an outstanding request to inspect and review the education record.

While the district is not required to give an eligible student or student’s parent(s) access to treatment records under the definition of “education records” in OAR 581-021-0220 (6)(b)(D), the eligible student or student’s parent(s) may, at his/her expense, have those records reviewed by a physician or other appropriate professional of his/her choice.

If an eligible student or student’s parent(s) so requests, the district shall give the eligible student or student’s parent(s) a copy of the student’s education record. The district may recover a fee for providing a copy of the record, but only for the actual costs of reproducing the record unless the imposition of a fee effectively prevents a parent or eligible student from exercising the right to inspect and review the student’s educational records. The district may not charge a fee to search for or to retrieve the education records of a student.

The district shall not provide the eligible student or student’s parent(s) with a copy of test protocols, test questions and answers and other documents described in Oregon Revised Statutes (ORS) 192.345(4) unless authorized by federal law.

The district will maintain a list of the types and locations of education records maintained by the district and the titles and addresses of officials responsible for the records.

Student education records will be maintained at the school building at which the student is in attendance except for special education records which may be located at another designated location within the district. The administrator/principal or his/her designee shall be the person responsible for maintaining and releasing the education records.

5. Release of Personally Identifiable Information

Personally identifiable information shall not be released without prior written consent of the eligible student or student’s parent(s) except in the following cases:
1. The disclosure is to other school officials, including teachers, within the district who have a legitimate educational interest. As used in this section, “legitimate educational interest” means a district official employed by the district as an administrator, supervisor, instructor or staff support member; a person serving on a school board who needs to review an educational record in order to fulfill his or her professional responsibilities, as delineated by their job description, contract or conditions of employment. Contractors, consultants, volunteers or other parties to whom an agency or institution has outsourced institutional services or functions may be considered a school official provided that party performs an institutional service or function for which the district would otherwise use employees, is under the direct control of the district with respect to the use and maintenance of education records, and is subject to district policies concerning the redisclosure of personally identifiable information. The district shall maintain, for public inspection, a listing of the names and positions of individuals within the district who have access to personally identifiable information with respect to students with disabilities.
2. The disclosure is to officials of another school within the district;
3. The disclosure is to authorized representatives of:
The U.S. Comptroller General, U.S. Attorney General, U.S. Secretary of Education or state and local education authorities or the Oregon Secretary of State Audits Division in connection with an audit or evaluation of federal or state-supported education programs, or the enforcement of or compliance with federal or state-supported education programs, or the enforcement of or compliance with federal or state regulations.
1. The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to:
  1. Determine eligibility for the aid;
  2. Determine the amount of the aid;
  3. Determine the conditions for the aid; or
  4. Enforce the terms and condition of the aid.
As used in this section “financial aid” means any payment of funds provided to an individual that is conditioned on the individual’s attendance at an educational agency or institution.
1. The disclosure is to organizations conducting studies for, or on behalf of, the district to:
  1. Develop, validate or administer predictive tests;
  2. Administer student aid programs; or
  3. Improve instruction.
The district may disclose information under this section only if disclosure is to an official listed in paragraph ( c ) above and who enters into a written agreement with the district that:
1. Specifies the purpose, scope and duration of the study and the information to be disclosed;
2. Limits the organization to using the personally identifiable information only for the purpose of the study;
3. The study is conducted in a manner that does not permit personal identification of parents or students by individuals other than representatives of the organization; and
4. The information is destroyed when no longer needed for the purposes for which the study was conducted.
For purposes of this section, the term “organization” includes, but is not limited to, federal, state and local agencies, and independent organizations.
1. The district may disclose information under this section only if the disclosure is to an official listed in paragraph ( c ) above who is conducting an audit related to the enforcement of or compliance with federal or state legal requirements and who enters into a written agreement with the district that:
  1. Designates the individual or entity as an authorized representative;
  2. Specifies the personally identifiable information being disclosed;
  3. Specifies the personally identifiable information being disclosed in the furtherance of an audit, evaluation or enforcement or compliance activity of the federal or state-supported education programs;
  4. Describes the activity with sufficient specificity to make clear it falls within the audit or evaluation exception; this must include a description of how the personally identifiable information will be used;
  5. Requires information to be destroyed when no longer needed for the purpose for which the study was conducted;
  6. Identifies the time period in which the personally identifiable information must be destroyed; and
  7. Establishes policies and procedures which are consistent with Family Education Rights and Privacy Act (FERPA) and other federal and state confidentiality and privacy provisions to insure the protection of the personally identifiable information from further disclosure and unauthorized use.
2. The disclosure is to accrediting organizations to carry out their accrediting functions;
3. The disclosure is to comply with a judicial order or lawfully issued subpoena. The district may disclose information under this section only if the district makes a reasonable effort to notify the eligible student or student’s parent(s) of the order or subpoena in advance of compliance, unless an order or subpoena of a federal court or agency prohibits notification to the parent(s) or student;
4. The disclosure is to comply with a judicial order or lawfully issued subpoena when the parent is a party to a court proceeding involving child abuse and neglect or dependency matters;
5. The disclosure is to parent(s) of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1986;
6. The disclosure is in connection with a health or safety emergency. The district shall disclose personally identifiable information from an education record to law enforcement, child protective services and health care professionals, and other appropriate parties in connection with a health and safety emergency if knowledge of the information is necessary to protect the health and safety of the student or other individuals. If the district determines that there is an articulable and significant threat, the district will document the information available at that time of determination and the rationale basis for the determination for the disclosure of the information from the educational records. In making a determination whether a disclosure may be made under the health or safety emergency, the district may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. As used in this section a “health or safety emergency” includes, but is not limited to, law enforcement efforts to locate a child who may be a victim of kidnap, abduction or custodial interference and law enforcement or child protective services efforts to respond to a report of child abuse or neglect pursuant to applicable state law, or other such reasons that the district may in good faith determine a health or safety emergency;
7. The disclosure is information the district has designated as “directory information” (See Board policy JOA - Directory Information);
8. The disclosure is to the parent(s) of a student who is not an eligible student or to an eligible student;
9. The disclosure is to officials of another school, school system, institution of post -secondary education, an education service district (ESD), state regional program or other educational agency that has requested the records and in which the student seeks or intends to enroll or is enrolled or in which the student receives services. The term “receives services” includes, but is
10. The disclosure is to the Board during an executive session pursuant to ORS 332.061;
11. The disclosure is to a caseworker or other representative, who has the right to access the student’s case plan, of a state or local child welfare agency or tribal organization that are legally responsible for the care and protection of the student, provided the personally identifiable information will not be disclosed unless allowed by law. The district will use reasonable methods to identify and authenticate the identity of the parents, students, school officials, and any other parties to whom the district discloses personally identifiable information from educational records
6. Record Keeping Requirements

The district shall maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student. Exceptions to the record -keeping requirements shall include the parent, eligible student, school official or his/her assistant responsible for custody of the records and parties authorized by state and federal law for auditing purposes. The district shall maintain the record with the education records of the student as long as the records are maintained. For each request or disclosure the record must include:
1. The party or parties who have requested or received personally identifiable information from the education records; and
2. The legitimate interests the parties had in requesting or obtaining the information.
The following parties may inspect the record of request for access and disclosure to a student’s personally identifiable information:
1. The parent(s) or eligible student;
2. The school official or his/her assistants who are responsible for the custody of the records;
3. Those parties authorized by state or federal law for purposes of auditing the record-keeping procedures of the district.
7. Request for Amendment of Student’s Education Record

If an eligible student or student’s parent(s) believes the education records relating to the student contain information that is inaccurate, misleading or in violation of the student’s rights of privacy or other rights, he/she may ask the building level principal where the record is maintained to amend the record.

The principal shall decide, after consulting with the necessary staff, whether to amend the record as requested within a reasonable time after the request to amend has been made.

The request to amend the student’s education record shall become a permanent part of the student’s education record.

If the principal decides not to amend the record as requested, the eligible student or the student’s parent(s) shall be informed of the decision and of his/her right to appeal the decision by requesting a hearing.

8. Hearing Rights of Parents or Eligible Students

If the building level principal decides not to amend the education record of a student as requested by the eligible student or the student’s parent(s), the eligible student or student’s parent(s) may request a formal hearing for the purpose of challenging information in the education record as inaccurate, misleading or in violation of the privacy or other rights of the student. The district shall appoint a hearings officer to conduct the formal hearing requested by the eligible student or student’s parent. The hearing may be conducted by any individual, including an official of the district, who does not have a direct interest in the outcome of the hearing. The hearings officer will establish a date, time and location for the hearing, and give the student’s parent or eligible student notice of date, time and location reasonably in advance of the hearing. The hearing will be held within 10 working days of receiving the written or verbal request for the hearing.

The hearings officer will convene and preside over a hearing panel consisting of:
1. The principal or his/her designee;
2. A member chosen by the eligible student or student’s parent(s); and
3. A disinterested, qualified third party appointed by the superintendent.
The parent or eligible student may, at his/her own expense, be assisted or represented by one or more individuals of his/her own choice, including an attorney. The hearing shall be private. Persons other than the student, parent, witnesses and counsel shall not be admitted. The hearings officer shall preside over the panel. The panel will hear evidence from the school staff and the eligible student or student’s parent(s) to determine the point(s) of disagreement concerning the records. Confidential conversations between a licensed employee or district counselor and a student shall not be part of the records hearing procedure. The eligible student or student’s parent(s) has the right to insert written comments or explanations into the record regarding the disputed material. Such inserts shall remain in the education record as long as the education record or a contested portion is maintained and exists. The panel shall make a determination after hearing the evidence and make its recommendation in writing within 10 working days following the close of the hearing. The panel will make a determination based solely on the evidence presented at the hearing and will include a summary of the evidence and the reason for the decision. The findings of the panel shall be rendered in writing not more than 10 working days following the close of the hearing and submitted to all parties.

If, as a result of the hearing, the panel decides that the information in the education record is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, it shall inform the eligible student or the student’s parent(s) of the right to place a statement in the record commenting on the contested information in the record or stating why he/she disagrees with the decision of the panel. If a statement is placed in an education record, the district will ensure that the statement:
1. Is maintained as part of the student’s records as long as the record or contested portion is maintained by the district; and
2. Is disclosed by the district to any party to whom the student’s records or the contested portion are disclosed.
If, as a result of the hearing, the panel decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, it shall:
1. Amend the record accordingly; and
2. Inform the eligible student or the student’s parent(s) of the amendment in writing.
9. Duties and Responsibilities When Requesting Education Records

The district shall, within 10 days of a student seeking initial enrollment in or services from the district, notify the public or private school, ESD, institution, agency or detention facility or youth care center in which the student was formerly enrolled, and shall request the student’s education records.

10. Duties and Responsibilities When Transferring Education Records

The district shall transfer originals of all requested student education records, including any ESD records, relating to the particular student to the new educational agency when a request to transfer the education records is made to the district. The transfer shall be made no later than 10 days after receipt of the request. For students in substitute care programs, the transfer must take place within five days of a request. Readable copies of the following documents shall be retained:
1. The student’s permanent records, for one year;
2. Such special education records as are necessary to document compliance with state and federal audits, for five years after the end of the school year in which the original was created. In the case of records documenting speech pathology and physical therapy services, until the student reaches age 21 or 5 years after last seen, whichever is longer.
Note: Education records shall not be withheld for student fees, fines and charges if requested in circumstances described in ORS 326.575 and applicable rules of the State Board of Education or such records are requested for use in the appropriate placement of a student.

DISCLOSURE STATEMENT

Required for use in collecting personally identifiable information related to social security numbers.

On any form that requests the social security number (SSN), the following statement shall appear just above the space for the SSN:

“Providing your social security number (SSN) is voluntary. If you provide it, the school district will use your SSN for record-keeping, research, and reporting purposes only. The school district will not use your SSN to make any decision directly affecting you or any other person. Your SSN will not be given to the general public. If you choose not to provide your SSN, you will not be denied any rights as a student. Please read the statement on the back of this form that describes how your SSN will be used. Providing your SSN means that you consent to the use of your SSN in the manner described.”

On the back of the same form, or attached to it, the following statement shall appear:

“OAR 581-021-0250 (1)(j) authorizes districts to ask you to provide your social security number (SSN). The SSN will be used by the district for reporting, research and record keeping. Your SSN will also be provided to the Oregon Department of Education. The Oregon Department of Education gathers information about students and programs to meet state and federal statistical reporting requirements. It also helps school districts and the state research, plan and develop educational programs. This information supports the evaluation of educational programs and student success in the workplace.”

The district and Oregon Department of Education may also match your SSN with records from other agencies as follows:

The Oregon Department of Education uses information gathered from the Oregon Employment Division to learn about education, training and job market trends. The information is also used for planning, research and program improvement.

State and private universities, colleges, community colleges and vocational schools use the information to find out how many students go on with their education and their level of success.

Other state agencies use the information to help state and local agencies plan educational and training services to help Oregon citizens get the best jobs available.

Your SSN will be used only for statistical purposes as listed above. State and federal law protects the privacy of your records.
Code: IGBAC
Adopted: 8/13/97
Re-adopted: 10/11/00, 8/10/22
Orig. Code: IGBAC

Consistent with Teacher Standards and Practices Commission (TSPC) requirements, the district’s personnel are appropriately and adequately prepared to implement special education and related services, and have the content knowledge and skills to serve children with disabilities.

The district takes measurable steps to recruit, hire, train and retain personnel, who are appropriately licensed and endorsed by TSPC or other appropriate licensed agency, to provide special education and related services to children with disabilities.

The district’s plan for providing personnel development programs in the district is found in Board policy GCL Staff Development - Licensed.

END OF POLICY

Legal Reference(s)
OAR 584-220-0180
OAR 584-220-0185

Individuals with Disabilities Education Act 20 U.S.C. § 1412(a)(14)(D) and 20 U.S.C. § 1413(a)(3) (2012).
Assistance to States for the Education of Children with Disabilities 34 C.F.R. § 300.156(d) and 34 C.F.R. § 300.207 (2017).
Code: IGBAE
Adopted: 8/13/97, 10/11/00, 8/24/04
Re-adopted: 3/12/08; 8/10/22

The district ensures that to the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities, are educated with students who are nondisabled.

Special classes, separate schooling or other removal of students with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum.

END OF POLICY

Legal Reference(s)
ORS 343.223
OAR 581-015-2040
OAR 581-015-2045
OAR 581-015-2050
OAR 581-015-2055
OAR 581-015-2060
OAR 581-015-2065

Assistance to States for the Education of Children with Disabilities, 34 C.F.R. §§ 300.114-330.118 (2006).
Code: IGBAE-AR
Adopted: 8/13/97
Re-adopted: 10/11/00, 11/7/03, 3/12/08, 8/10/22
1. Placement Decisions of the Student
  a. The placement decision for each eligible student is:
  1. Made by a group of persons, including the parents, and other persons knowledgeable about the student, the meaning of the evaluation data and the placement options;
  2. Made in conformity with the requirements of least restrictive environment;
  3. Determined at least annually, every 365 days;
  4. Based on the student’s individualized education program (IEP); and,
  5. As close as possible to the student’s home.
  6. The student is educated in the school that he/she would attend if nondisabled unless the services identified in the IEP cannot feasibly be provided in this setting.
  7. The district ensures that:
    1. A continuum of placement options is available to meet the needs of students with disabilities for special education and related services and to the extent necessary to implement the individualized education program for each student with a disability;
    2. The continuum of placement options includes instruction in regular classes (with special education and related services and/or supplementary aids and services as identified on the IEP), special classes, special schools, home instruction and instruction in hospitals and institutions;
    3. Placement options, including instruction in regular classes, special classes, special schools, home instruction and instruction in hospitals and institutions are available to the extent necessary to implement the IEP for each student with a disability.
  8. Placement teams, including the parent, select the least restrictive environment for each student, using the following decision‑making process:
    1. Completion of the IEP, including determining the student’s special education and related services, and determining the extent to which these services can be provided to the student in the regular class;
    2. If all IEP services cannot be provided in the regular class, identifying those that must be provided outside the regular class; however, the district will not remove a student from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum;
    3. For those services that must be provided outside the regular class, identifying where, on the continuum from least to most restrictive, that the services can be provided;
    4. Placement is in the school the student would attend if not disabled, unless another arrangement is required for implementation of the IEP;
    5. In selecting the student’s placement, the placement team considers and documents:
      
      All placement options considered, including placement options requested by the parent;
      
      Potential benefits of placement options that are considered;
      
      Any potential harmful effects on the student or on the quality of services that he/she needs; and,
      
      Modifications and services considered to reduce harmful effects and to maintain the student in the less restrictive placement before concluding that a more restrictive setting is necessary.
    6. The placement team documents the placement selected, and provides a copy of the determination to the parent;
    7. If the selected placement is a change from previous placement, the district provides the parent with prior written notice of the change in placement; and
    8. If the parent requests a specific placement that the team rejects, the district provides a prior written notice of refusal.
1. Youth Incarcerated in Adult Correctional Facilities
For students otherwise entitled to a free appropriate public education (FAPE), the placement team may modify the student’s placement if the state has demonstrated a bona fide security or compelling penological interest that cannot be otherwise accommodated. The requirements related to least restrictive environments do not apply with respect to these modifications.
1. Nonacademic Settings
1. The district takes steps, including providing the supplementary aids and services determined appropriate and necessary by the student’s IEP team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford students with disabilities an equal opportunity for participation in those services and activities.
2. Nonacademic and extracurricular services and activities include all those available to nondisabled students and may include:
(1) Counseling services;
(2) Athletics;
(3) Transportation;
(4) Health services;
(5) Recreational activities;
(6) Special interest groups or clubs;
(7) Referrals to agencies that provide assistance to individuals with disabilities; and
(8) Employment of students.
Code: IGBAF
Adopted: 8/13/97
Re-adopted: 10/11/00, 6/13/12, 8/10/22
Orig. Code: IGBAF

An individualized education program (IEP) shall be developed and implemented for each student with disabilities in the district, kindergarten through 21 years of age, including those who attend a public charter school located in the district, are placed in or referred to a private school or facility by the district; or receive related services from the district. The district is responsible for initiating and conducting the meetings to develop, review and revise the IEP of a student with disabilities. The district will ensure that one or both parents are present at each meeting or are afforded the opportunity to participate and are given a copy of the IEP. A meeting to develop an IEP shall be held within 30 calendar days of a determination that the student needs special education and related services, once every 365 days thereafter and when considering a change in the IEP or placement.

If a student is to be placed or referred to a private school or facility or attends a private or parochial school, the district will ensure that a representative of the private school or facility attends the IEP meeting. If the representative of the private school or facility is unable to attend the IEP meeting, the district shall use other methods to ensure participation including but not limited to, individual or conference telephone calls or individual meetings.

END OF POLICY

Legal Reference(s)
ORS 343.151
ORS 343.155
OAR 581-015-2000
OAR 581-015-2190
OAR 581-015-2195
OAR 581-015-2200
OAR 581-015-2205
OAR 581-015-2210
OAR 581-015-2215
OAR 581-015-2220
OAR 581-015-2225
OAR 581-015-2230
OAR 581-015-2235
OAR 581-015-2255
OAR 581-015-2600
OAR 581-015-2065
OAR 581-015-2265

Assistance to States for the Education of Children with Disabilities, 34 C.F.R. §§ 300.5 to -300.6, 300.22 to -300.24, 300.34, 300.43, 300.105 to -106, 300.112, 320.325, 300.328, 300.501 (2012).
Code: IGBAF-AR
Adopted: 8/13/97
Re-adopted: 10/11/00, 11/7/03, 3/12/08, 3/2016, 8/10/22
1. General IEP Information
  1. The district ensures that an IEP is in effect for each eligible student:
    1. Before special education and related services are provided to a student;
    2. At the beginning of each school year for each student with a disability for whom the district is responsible; and
    3. Before the district implements all the special education and related services, including program modifications, supports and/or supplementary aids and services, as identified on the IEP.
  2. The district uses:
    1. The Oregon standard IEP; or
    2. An IEP form that has been approved by the Oregon Department of Education.
  3. The district develops and implements all provisions of the IEP as soon as possible following the IEP meeting.
  4. The IEP will be accessible to each of the student’s regular education teacher(s), the student’s special education teacher(s) and the student’s related services provider(s) and other service provider(s).
  5. The district takes steps to ensure that parent(s) are present at each IEP meeting or have the opportunity to participate through other means.
  6. The district ensures that each teacher and service provider is informed of:
    1. Their specific responsibilities for implementing the IEP specific accommodations, modifications and/or supports that must be provided for, or on behalf of the student; and
    2. Their responsibility to fully implement the IEP including any amendments the district and parents agreed to make between annual reviews.
The district takes whatever action is necessary to ensure that parents understand the proceedings of the IEP team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.
1. The district provides a copy of the IEP to the parents at no cost.
1. IEP Meetings
  1. The district conducts IEP meetings within 30 calendar days of determination that the student is eligible for special education and related services.
  2. The district convenes IEP meetings for each eligible student periodically, but not less than once per year.
  3. At IEP meetings, the team reviews and revises the IEP to address any lack of expected progress toward annual goals and in the general curriculum, new evaluation data or new information from the parents, the student's anticipated needs, or the need to address other matters.
  4. Between annual IEP meetings, the district and the parent may amend or modify the student's current IEP without convening an IEP team meeting using the procedures in the Agreement to Amend or Modify IEP subsection.
  5. When the parent(s) requests a meeting the district will either schedule a meeting within a reasonable time or provide timely written prior notice of the district’s refusal to hold a meeting.
  6. If an agency other than the district fails to provide agreed upon transition services contained in the IEP, the district convenes an IEP meeting to plan alternative strategies to meet the transition objectives and, if necessary, to revise the IEP.
2. IEP Team Members
  1. The district’s IEP Team members include the following:
    1. The student’s parent(s);
    2. The student, if the purpose of the IEP meeting is to consider the student’s post-secondary goals and transition services (beginning for IEPs in effect at age 16), or for younger students, when appropriate;
    3. At least one of the student’s special education teachers, if appropriate, at least one of the student’s special education providers;
    4. At least one of the student’s regular education teachers if the student is or may be participating in the regular education environment. If the student has more than one regular education teacher, the district will determine which teacher or teachers will participate;
    5. A representative of the district (who may also be another member of the team) who is qualified to provide or supervise the provision of special education and is knowledgeable about district resources. The representative of the district will have the authority to commit district resources and be able to ensure that all services identified in the IEP can be delivered;
    6. An individual, who may also be another member of the team, who can interpret the instructional implications of the evaluation results; and
    7. At the discretion of the parent or district, other persons who have knowledge or special expertise regarding the student;
  2. Student participation:
    1. Whenever appropriate, the student with a disability is a member of the team.
    2. If the purpose of the IEP meeting includes consideration of postsecondary goals and transition services for the student, the district includes the student in the IEP team meeting.
    3. If the purpose of the IEP meeting includes consideration of postsecondary goals and transition services for the student, and the student does not attend the meeting, the district will take other steps to consider the student’s preferences and interests in developing the IEP.
  3. Participation by other agencies:
    1. With parent or adult student written consent, and where appropriate, the district invites a representative of any other agency that is likely to be responsible for providing or paying for transition services if the purpose of the IEP meeting includes the consideration of transition services (beginning at age 16, or younger if appropriate); and
    2. If the district refers or places a student in an ESD, state operated program, private school or other educational program, IEP team membership includes a representative from the appropriate agencies. Participation may consist of attending the meeting, conference call or participating through other means.
3. Agreement for Nonattendance and Excusal
  1. The district and the parent may consent to excuse an IEP team member from attending an IEP meeting, in whole or in part, when the meeting involves a discussion or modification of team member’s area of curriculum or service. The district designates specific individuals to authorize excusal of IEP team members.
  2. If excusing an IEP team member whose area is to be discussed at an IEP meeting, the district ensures:
    1. The parent and the district consent in writing to the excusal;
    2. The team member submits written input to the parents and other members of the IEP team before the meeting; and
    3. The parent is informed of all information related to the excusal in the parent’s native language or other mode of communication according to consent requirements.
4. IEP Content
  1. In developing the IEP, the district considers the student’s strengths, the parent’s concerns, the results of the initial or most recent evaluation, and the academic, developmental and functional needs of the student.
  2. The district ensures that IEPs for each eligible student includes:
    1. A statement of the student’s present levels of academic achievement and functional performance that:
      
      Includes a description of how the disability affects the progress and involvement in the general education curriculum;
      
      Describes the results of any evaluations conducted, including functional and developmental information;
      
      Is written in language that is understood by all IEP team members, including parents;
      
      Is clearly linked to the annual goal statement;
      
      Includes a description of benchmarks or short term objectives for children with disabilities who take alternative assessments aligned to alternate achievement standards.
    2. A statement of measurable annual goals, including academic and functional goals, or for students whose performance is measured by alternate assessments aligned to alternate achievement standard, statements of measurable goals and short‑term objectives. The goals and, if appropriate, objectives:
      
      Meet the student’s needs that are present because of the disability, or because of behavior that interferes with the student’s ability to learn, or impedes the learning of other students;
      
      Enable the student to be involved in and progress in the general curriculum, as appropriate; and,
      
      Clearly describe the anticipated outcomes, including intermediate steps, if appropriate, that serve as a measure of progress toward the goal.
    3. A statement of the special education services, related services, supplementary aids and services, that the district provides to the student
      
      The district bases special education and related services, modifications and supports on peer-reviewed research to the extent practicable to assist students in advancing toward goals, progressing in the general curriculum and participating with other students (including those without disabilities), in academic, nonacademic and extracurricular activities.
      
      Each statement of special education services, related or supplementary services, aids, modifications or supports includes a description of the inclusive dates, amount or frequency, location and who is responsible for implementation.
    4. A statement of the extent, if any, to which the student will not participate: with nondisabled students in regular academic, nonacademic and extracurricular activities.
    5. A statement of any individual modifications and accommodations in the administration of statewide and district wide assessments of student achievement.
      
      A student will not be exempt from participation in state or district wide assessment because of a disability unless the parent requests an exemption;
      
      If the IEP team determines that the student will take an alternate assessment in any area instead of a regular state or district wide assessment, a statement of why the student cannot participate in the regular assessment and why the alternate assessment selected is appropriate for the student.
    6. A statement describing how the district will measure student’s progress toward completion of the annual goals and when periodic reports on the student’s progress toward the annual goal will be
      provided.
1. Agreement to Amend or Modify IEP
Between annual IEP meetings, the district and the parent may agree to make changes in the student’s current IEP without holding an IEP meeting. These changes require a signed, written agreement between the district and the parent.
1. The district and the parent record any amendments, revisions or modifications on the student’s current IEP. If additional IEP pages are required these pages must be attached to the existing IEP.
2. The district files a complete copy of the IEP with the student’s education records and informs the student’s IEP team and any teachers or service providers of the changes.
3. The district provides the parent prior written notice of any changes in the IEP and upon request, provides the parent with a reserved copy of the IEP with the changes incorporated.
1. IEP Team Considerations and Special Factors
  1. In developing, reviewing and revising the IEP, the IEP team considers:
    1. The strengths of the student and concerns of the parent for enhancing the education of the student;
    2. The results of the initial or most recent evaluation of the student;
    3. As appropriate, the results of the student’s performance on any general state or district wide assessment.
    4. The academic, developmental, and functional needs of the child.
  2. In developing, reviewing and revising the student’s IEP, the IEP team considers the following special factors:
    1. The communication needs of the student; and
    2. The need for assistive technology services and/or devices.
  3. As appropriate, the IEP team also considers the following special factors:
    1. For a student whose behavior impedes his or her learning or that of others, strategies, positive behavioral intervention and supports to address that behavior;
    2. For a student with limited English proficiency, the language needs of the student as those needs relate to the IEP;
    3. For a student who is blind or visually impaired, instruction in Braille and the use of Braille unless the IEP team determines, (after an evaluation of reading and writing skills, needs and media, including evaluation of future needs for instruction in Braille or the use of Braille, appropriate reading and writing), that instruction in Braille or the use of Braille is not appropriate; and
    4. For a student who is deaf or hard of hearing, the student’s language and communication needs, including opportunities for direct communication, with peers and professional personnel in the student’s language and communication mode, academic level and full range of needs, including opportunities for direct instruction in the student’s language and communication mode.
    5. A statement of any device or service needed for the student to receive a Free Appropriate Public Education.
  4. In addition to the above IEP contents, the IEP for each eligible student of transition age includes:
    1. Beginning not later than the IEP in effect when the student turns 16, or younger if determined appropriate by the IEP team, and updated annually thereafter, the IEP must include:
      
      Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training education, employment, and where appropriate, independent living skills; and
      
      The transition services (including courses of study) needed to assist the student in reaching those goals.
    2. At least one year before a student reaches the age of majority (student reaches the age of 18, or has married or been emancipated, whichever occurs first), a statement that the district has informed the student that all procedural rights will transfer at the age of majority; and
    3. If identified transition service providers, other than the district, fail to provide any of the services identified on the IEP, the district will initiate an IEP meeting as soon as possible to address alternative strategies, and revise the IEP, if necessary.
2. Incarcerated Youth
  1. For students with disabilities who are convicted as adults, incarcerated in adult correctional facilities and otherwise entitled to FAPE, the following IEP requirements do not apply:
    1. Participation of students with disabilities in state and districtwide assessment; and,
    2. Transition planning and transition services, for students whose eligibility will end because of their age before they will be eligible to be released from an adult correctional facility based on consideration of their sentence and eligibility for early release.
  2. The IEP team may modify the student’s IEP, if the state has demonstrated a bona fide security or compelling interest that cannot be otherwise accommodated.
3. Extended School Year Services
  1. The district makes extended school year (ESY) services available to all students for whom the IEP team has determined that such services are necessary to provide a free appropriate public education (FAPE).
  2. ESY services are:
    1. Provided to a student with a disability in addition to the services provided during the typical school year;
    2. Identified in the student’s IEP; and,
    3. Provided at no cost to the parent.
  3. The district does not limit consideration of ESY services to particular categories of disability or unilaterally limit the type, amount or duration of service.
  4. The district provides ESY services to maintain the student’s skills or behavior but not to teach new skills or behaviors.
  5. The district’s criteria for determining the need for extended year services include:
    1. Regression (a significant loss of skills or behaviors) and recoupment time based on documented evidence; or
    2. If no documented evidence, on predictions according to the professional judgment of the team.
  6. “Regression” means significant loss of skills or behaviors in any area specified on the IEP as a result of an interruption in education services.
  7. “Recoupment” means the recovery of skills or behaviors specified on the IEP to a level demonstrated before the interruption of education services.
10. Assistive Technology

a. The district ensures that assistive technology devices or assistive technology services, or both, are made available if they are identified as part of the student’s IEP. These services and/or devices may be part of the student’s special education, related services or supplementary aids and services.
b. On a case -by -case basis, the district permits the use of district-purchased assistive technology devices in the student’s home or in other settings if the student’s IEP team determines that the student needs access to those devices to receive a free appropriate public education. In these situations, district policy will govern liability and transfer of the device when the student ceases to attend the district.

11. Transfer Students

a. In state:
If a student with a disability (who had an IEP that was in effect in a previous district in Oregon) transfers into the district and enrolls in a district school within the same school year, the district (in consultation with the student’s parents) provides a free appropriate public education to the student (including services comparable to those described in the student’s IEP from the previous district), until the district either:
(1) Adopts the student’s IEP from the previous district; or
(2) Develops, adopts and implements a new IEP for the student in accordance with all of the IEP provisions.
b. Out of state:
If a student transfers into the district with a current IEP from a district in another state, the district, in consultation with the student’s parents, will provide a free appropriate public education to the student, including services comparable to those described in the student’s IEP from the previous district, until the district:
(1) Conducts an initial evaluation (if determined necessary by the district to determine Oregon eligibility) with parent consent and determines whether the student meets eligibility criteria described in Oregon Administrative Rules.
(2) If the student is eligible under Oregon criteria, the district develops, adopts and implements a new IEP for the student using the Oregon Standard IEP or an approved alternate IEP.
(3) If the student does not meet Oregon eligibility criteria, the district provides prior written notice to the parents explaining that the student does not meet Oregon eligibility criteria and specifying the date when special education services will be terminated.
Code: IGBAG
Adopted: 8/13/97
Re-adopted: 10/1/00, 2/27/08, 8/10/22

Procedural Safeguards – General

A district ensures that students with disabilities and their families are afforded their procedural safeguards related to:
1. Access to students’ educational records;
1. Parent and adult student participation in special education decisions;
1. Transfer of rights to students who have reached the age of majority;
1. Prior written notice of proposed district actions;
1. Consent for evaluation and for initial placement in special education[1];
1. Independent educational evaluation;
1. Dispute resolution through mediation, state complaint investigation, resolution sessions and due process hearings;
1. Discipline procedures and protections for students with disabilities, including placements related to discipline;
1. Placement of students during the pendency of due process hearings;
1. Placement of students by their parents in private schools;
1. Civil actions; and
1. Attorney’s fees.
Procedural Safeguards Notice
1. The district provides to parents a copy of the Procedural Safeguards Notice, published by the Oregon Department of Education, at least once per year and upon initial referral or parent request for special education evaluation and when the parent requests a copy. The district also gives a copy to the student at least a year before the student’s 18th birthday or upon learning that the student is considered emancipated.
1. The district provides the Procedural Safeguards Notice in the parent’s native language or other mode of communication unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the district takes steps to ensure that the notice is translated orally or by other means understandable to the parent and that the parent understands the content of the notice. The district maintains written evidence that it meets these requirements.
Parent or adult Student Meeting Participation
1. The district provides parents or adult students an opportunity to participate in meetings with respect to the identification, evaluation, IEP and educational placement of the student, and the provision of a FAPE to the student.
1. The district provides parents or adult students written notice of any meeting sufficiently in advance to ensure an opportunity to attend. The written notice:
1. States the purpose, time and place of the meeting and who is invited to attend;
2. Advises that parents or adult students may invite other individuals who they believe have knowledge or special expertise regarding the student;
3. Advises that the team may proceed with the meeting even if the parents are not in attendance;
4. Advises the parents or adult students who to contact before the meeting to provide information if they are unable to attend; and
5. Indicates if one of the meeting’s purposes is to consider transition services or transition services needs. If so:
  1. Indicates that the student will be invited; and
  2. If considering transition services, identifies any agencies invited to send a representative (with parent or adult student consent).
1. The district takes steps to ensure that one or both parents of a child with a disability are present at each IEP or placement meeting or are afforded the opportunity to participate, including:
1. Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
2. Scheduling the meeting at a mutually agreed upon time and place.
1. If neither parent can attend, the district will use other methods to ensure an opportunity to participate, including, but not limited to, individual or conference phone calls or home visits.
1. The district may conduct an evaluation planning or eligibility meeting without the parent or adult student if the district provided meeting notice to the parent or adult student sufficiently in advance to ensure an opportunity to attend.
1 If, at any time subsequent to the initial provision of special and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the district: 1) may not continue to provide special education and related services to the child, but must provide prior written notice before ceasing the provision of special education and related services; 2) may not use mediation or due process procedures to obtain an agreement or ruling that the services may be provided to the child; 3) the district will not be considered to be in violation of the requirement to make a free appropriate public education (FAPE) available to the child because of the failure to provide the child with further special education and related services; and 4) the district is not required to convene an individualized education program (IEP) team meeting or develop an IEP for the child for further provision of special education or related services.

Legal Reference(s)
ORS 343.155
ORS 343.165
ORS 343.177
ORS 343.181
OAR 581-001-0005
OAR 581-015-2000
OAR 581-015-2030
OAR 581-015-2090
OAR 581-015-2095
OAR 581-015-2190
OAR 581-015-2195
OAR 581-015-2305
OAR 581-015-2310
OAR 581-015-2325
OAR 581-015-2330
OAR 581-015-2345
OAR 581-015-2360
OAR 581-015-2385
Assistance to States for the Education of Children with Disabilities, 34 C.F.R. §§ 300.300, 300.500 to -300.505, 300.515, 300.517 (2008).
Code: IGBAG-AR
Adopted: 8/13/97
Re-adopted: 10/11/00, 11/7/03, 2/27/08/ 10/9/13, 8/10/22
1. Procedural Safeguards
  1. The district provides procedural safeguards to:
    1. Parents, guardians (unless the guardian is a state agency) or persons in parental relationship to the student;
    2. Surrogate parents; and,
    3. Students who have reached the age of 18, the age of majority, or are considered emancipated under the Oregon law and to whom rights have transferred by statute, identified as adult students (called “eligible students”).
  2. The district gives parents a copy of the Procedural Safeguards Notice, published by the Oregon Department of Education (ODE):
    1. At least once a year;
    2. At the first referral or parental request for evaluation to determine eligibility for special education services;
    3. When the parent (or adult student) requests a copy; and
    4. To the parent and the student one year before the student’s 18th birthday or upon learning that the student is emancipated.
  3. The Procedural Safeguards Notice is:
    1. Provided written in the native language or other communication of the parents (unless it is clearly not feasible to do so) and in language clearly understandable to the public.
    2. If the native language or other mode of communication of the parent is not a written language, the district takes steps to ensure that:
      
      The notice is translated orally or by other means to the parent in his/her native language or other mode of communication;
      
      The parent understands the content of the notice; and
      
      There is written evidence that the district has met these requirements.
1. Content of Procedural Safeguards Notice
The procedural safeguards notice includes all of the content provided in the Procedural Safeguards Notice published by ODE.
1. Parent or Eligible Student Meeting Participation
  1. The district provides parents or eligible students an opportunity to participate in meetings with respect to the identification, evaluation, individualized education program (IEP) and educational placement of the student, and the provision of a free appropriate public education (FAPE) to the student.
  2. The district provides parents or adult students written notice of any meeting sufficiently in advance to ensure an opportunity to attend. The written notice:
    1. States the purpose, time and place of the meeting and who is invited to attend;
    2. Advises that parents or adult students may invite other individuals who they believe have knowledge or special expertise regarding the student;
    3. Advises the parents or adult student that the team may proceed with the meeting even if they are not in attendance;
    4. Advises the parent or adult student who to contact before the meeting to provide information if they are unable to attend; and,
    5. Indicates if one of the meeting’s purposes is to consider transition services or transition service needs. If so:
      
      Indicates that the student will be invited; and,
      
      Identifies any agencies invited to send a representative.
  3. The district takes steps to ensure that one or both of the parents of a student with a disability are present at each IEP or placement meeting or are afforded the opportunity to participate, including:
    1. Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
    2. Scheduling the meeting at a mutually agreed on time and place.
  4. If neither parent can participate, the district will use other methods to ensure participation, including, but not limited to, individual or conference phone calls or home visits.
  5. The district may conduct an evaluation planning or eligibility meeting without the parent or adult student if the district provided meeting notice to the parent or adult student sufficiently in advance to ensure an opportunity to attend.
  6. The district may conduct an IEP or placement meeting without the parent or adult student if the district is unable to convince the parents or adult students that they should participate. Attempts to convince the parent to participate will be considered sufficient if the district:
    1. Communicates directly with the parent or adult student and arranges a mutually agreeable time and place and sends written notice to confirm the arrangement; or
    2. Proposes a time and place in the written notice stating that a different time and place might be requested and confirms that the notice was received.
  7. If the district proceeds with an IEP meeting without a parent or adult student, the district must have a record of its attempts to arrange a mutually agreed upon time and place such as:
    1. Detailed records of telephone calls made or attempted and the results of those calls;
    2. Copies of correspondence sent to the parents and any responses received; and
    3. Detailed records of visits made to the parents' home or place of employment and the results of those visits.
  8. The district takes whatever action is necessary to ensure that the parent or adult student understands the proceedings at a meeting, including arranging for an interpreter for parents or adult students who are deaf or whose native language is other than English.
  9. After the transfer of rights to an adult student at the age of majority, the district provides written notice of meetings to the adult student and parent, if the parent can be reasonably located. After the transfer of rights to an adult student at the age of majority, a parent receiving notice of an IEP meeting is not entitled to attend the meeting unless invited by the adult student or the district.
  10. An IEP meeting does not include:
    1. Informal or unscheduled conversations involving school district personnel;
    2. Conversations on issues such as teaching methodology, lesson plans or coordination of service provision if those issues are not addressed in the student’s IEP; or,
    3. Preparatory activities that district or public personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.
1. Surrogate Parents
  1. The district protects the rights of a student with a disability, or suspected of having a disability, by appointing a surrogate parent when:
    1. The parent cannot be identified or located after reasonable efforts;
    2. The student is a ward of the state or an unaccompanied homeless youth and there is reasonable cause to believe that the student has a disability; and there is no foster parent or other person available who can act as the parent of the student; or
    3. The parent or eligible student requests the appointment of a surrogate parent.
  2. The district secures nominations of persons to serve as surrogates. The district appoints surrogates within 30 days of a determination that the student needs a surrogate, unless a surrogate has already been appointed by juvenile court.
  3. The district will only appoint a surrogate who:
    1. Is not an employee of the district or ODE;
    2. Is not an employee of any other agency involved in the education or care of the student;
    3. Is free of any personal or professional interest that would interfere with representing the student's special education interests; and,
    4. Has the necessary knowledge and skills that ensure adequate representation of the student in special education decisions. The district will provide training, as necessary, to ensure that surrogate parents have the requisite knowledge.
  4. The district provides all special education rights and procedural safeguards to appointed surrogate parents.
  5. A surrogate will not be considered an employee of the district solely on the basis that the surrogate is compensated from public funds.
  6. The duties of the surrogate parent are to:
    1. Protect the special education rights of the student;
    2. Be acquainted with the student's disability and the student's special education needs;
    3. Represent the student in all matters relating to the identification, evaluation, IEP and educational placement of the student; and,
    4. Represent the student in all matters relating to the provision of FAPE to the student.
  7. A parent may give written consent for a surrogate to be appointed.
    1. When a parent requests that a surrogate be appointed, the parent shall retain all parental rights to receive notice and all of the information provided to the surrogate. When the district appoints a surrogate at parent request, the district will continue to provide to the parent a copy of all notices and other information provided to the surrogate.
    2. The surrogate, alone, shall be responsible for all matters relating to the special education of the student. The district will treat the surrogate as the parent unless and until the parent revokes consent for the surrogate’s appointment.
    3. If a parent gives written consent for a surrogate to be appointed, the parent may revoke consent at any time by providing a written request to revoke the surrogate's appointment.
  8. An adult student to whom rights have transferred at age of majority may give written consent for a surrogate to be appointed. When an adult student requests that a surrogate be appointed, the student shall retain all rights to receive notice and all of the information provided to the surrogate. The surrogate, alone, shall be responsible for all matters relating to the special education of the student. The district will treat the surrogate as the adult student unless and until the adult student revokes consent for the surrogate’s appointment. If an adult student gives written consent for a surrogate to be appointed, the adult student may revoke consent at any time by providing a written request to revoke the surrogate’s appointment.
  9. The district may change or terminate the appointment of a surrogate when:
    1. The person appointed as surrogate is no longer willing to serve;
    2. Rights transfer to the adult student or the student graduates with a regular diploma;
    3. The student is no longer eligible for special education services;
    4. The legal guardianship of the student is transferred to a person who is able to carry out the role of the parent;
    5. A foster parent or other person is identified who can carry out the role of parent;
    6. The parent, who previously could not be identified or located, is now identified or located;
    7. The appointed surrogate is no longer eligible;
    8. The student moves to another district; or
    9. The student is no longer a ward of the state or unaccompanied homeless youth.
  10. The district will not appoint a surrogate solely because the parent or student to whom rights have transferred is uncooperative or unresponsive to the special education needs of the student.
1. Transfer of Rights at Age of Majority
  1. When a student with a disability reaches the age of majority, marries or is emancipated, rights previously accorded to the student’s parents under the special education laws, transfer to the student. A student for whom rights have transferred is considered an “adult student” under OAR 581-015- 2000(1).
  2. The district provides notice to the student and the parent that rights (accorded by statute) will transfer at the age of majority. This notice is provided at an IEP meeting and documented on the IEP:
    1. At least one year before the student’s 18th birthday;
    2. More than one year before the student’s 18th birthday, if the student’s IEP team determines that earlier notice will aid transition; or
    3. Upon actual knowledge that within a year the student will likely marry or become emancipated before age 18.
  3. The district provides written notice to the student and to the parent at the time of the transfer.
  4. These requirements apply to all students, including students who are incarcerated in a state or local adult or juvenile correctional facility or jail.
  5. After transfer of rights to the student, the district provides any written prior notices and written notices of meetings required by the special education laws to the adult student and to the parent if the parent can be reasonably located.
  6. After rights have transferred to the student, receipt of notice of an IEP meeting does not entitle the parent to attend the meeting unless invited by the student or the district.
1. Prior Written Notice
  1. The district provides prior written notice to the parent of a student, or student, within a reasonable period of time, before the district;
    1. Proposes to initiate or change the identification, evaluation or educational placement of the student, or the provision of a FAPE to the child; or
    2. Refuses to initiate or change the identification, evaluation or educational placement of the student, or the provision of a FAPE to the child.
  2. The content of the prior written notice will include:
    1. A description of the action proposed or refused by the district;
    2. An explanation of why the district proposed or refused to take the action;
    3. A description of each evaluation procedure, test, assessment record or report used as a basis for the proposal or refusal;
    4. A statement that the parents of a student with a disability have procedural safeguards and, if this notice is not an initial referral for evaluation, how a copy of the Procedural Safeguards Notice may be obtained;
    5. Sources for parents to contact to obtain assistance in understanding their procedural safeguards;
    6. A description of other options the IEP team considered and the reasons why those options were rejected; and
    7. A description of other factors that are relevant to the agency’s proposal or refusal.
  3. The prior written notice is:
    1. Written in language understandable to the general public; and
    2. Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so;
    3. If the native language or other mode of communication of the parent is not a written language, the district shall take steps to ensure that:
      
      The notice is translated orally or by other means to the parent in the parent’s native language or other mode of communication;
      
      The parent understands the content of the notice; and,
      
      There is written evidence that the requirements of this rule have been met.
1. Consent^[1] – Initial Evaluation
  1. The district provides notice and obtains informed written consent from the parent or adult student before conducting an initial evaluation to determine whether a student has a disability (as defined by Oregon law) and needs special education. Consent for initial evaluation is not consent for the district to provide special education and related services.
  2. The district makes reasonable efforts to obtain informed consent from a parent for an initial evaluation to determine a child’s eligibility for special education services. If a parent does not provide consent for an initial evaluation or does not respond to a request for consent for an initial evaluation, the district may, but is not required to, pursue the initial evaluation of the child through mediation or due process hearing procedures. The district does not violate its child find obligations if it declines to pursue the evaluation using these procedures.
1. Consent – Initial Provision of Special Education Services
  1. The district provides notice and obtains informed written consent from the parent or adult student before the initial provision of special education and related services to the student.
  2. The district makes reasonable efforts to obtain informed consent, but if a parent or adult student does not respond or refuses consent for initial provision of special education and related services, the district does not convene an IEP meeting, develop an IEP or seek to provide special education and related services through mediation or due process hearing procedures. The district will not be considered to be in violation of the requirement to make FAPE available to the student under these circumstances. The district stands ready to serve the student if the parent or adult student later consents.
1. Consent – Reevaluation
  1. The district obtains informed parent consent before conducting any reevaluation of a child with a disability, except:
    1. The district does not need written consent for a reevaluation, if the parent does not respond after reasonable efforts to obtain informed consent. However, the district does not conduct individual intelligence tests or tests of personality without consent.
    2. If a parent refuses to consent to the reevaluation, the district may, but is not required to, pursue the reevaluation by using mediation or due process hearing procedures.
  2. A parent or adult student may revoke consent at any time before the completion of the activity for which they have given consent. If a parent or adult student revokes consent, that revocation is not retroactive.
2. Consent – Other Requirements
  1. The district documents its reasonable efforts to obtain parent consent, such as phone calls, letters and meeting notes.
  2. If a parent of a student who is home schooled or enrolled by the parents in a private school does not provide consent for the initial evaluation or the reevaluation, or if the parent does not respond to a request for consent, the district:
    1. Does not use mediation or due process hearing procedures to seek consent; and
    2. Does not consider the child as eligible for special education services.
  3. If a parent or adult student refuses consent for one service or activity, the district does not use this refusal to deny the parent or child any other service, benefit or activity, except as specified by these rules and procedures.
  4. If, at any time subsequent to the initial provision of special and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the district:
    1. May not continue to provide special education and related services to the child, but must provide prior written notice before ceasing the provision of special education and related services;
    2. May not use mediation or due process procedures to obtain an agreement or ruling that the services may be provided to the child;
    3. The district will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further special education and related services; and
    4. The district is not required to convene an IEP team meeting or develop an IEP for the child for further provision of special education or related services.
3. Exceptions to Consent
  1. The district does not need written parent or adult student consent before:
    1. Reviewing existing data as part of an evaluation or reevaluation;
    2. Administering a test or other evaluation administered to all students without consent unless, before administration of that test or evaluation, consent is required of parents of all students;
    3. Conducting evaluations, tests, procedures or instruments that are identified on the student’s individualized education program (IEP) as a measure for determining progress; or
    4. Conducting a screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation.
  2. The district does not need written parent consent to conduct an initial special education evaluation of a student who is a ward of the state and not living with the parent if:
    1. Despite reasonable efforts to do so, the district has not been able to find the parent;
    2. The parent’s rights have been terminated in accordance with state law; or
    3. The rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.
  3. The district does not need written parental consent if an administrative law judge (ALJ) determines that the evaluation or reevaluation is necessary to ensure that the student is provided with a free appropriate public education.
1. Independent Educational Evaluations (IEE)
  1. A parent of a student with a disability has a right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the district.
  2. If a parent requests an independent educational evaluation at public expense, the district provides information to parents about where an independent educational evaluation may be obtained, and the district criteria applicable for independent educational evaluations.
  3. If a parent requests an independent educational evaluation at public expense, the district, without unnecessary delay, either:
    1. Initiates a due process hearing to show that its evaluation is appropriate; or,
    2. Ensures that an independent educational evaluation is provided at public expense unless the district demonstrates in a hearing that the evaluation obtained by the parent did not meet district criteria.
  4. The district criteria for independent educational evaluations are the same as for district evaluations including, but not limited to, location, examiner qualifications and cost.
    1. Criteria established by the district do not preclude the parent’s access to an independent educational evaluation.
    2. The district provides the parents the opportunity to demonstrate the unique circumstances justifying an IEE that does not meet the district’s criteria.
    3. A parent may be to limited one independent educational evaluation at public expense each time the district conducts an evaluation with which the parent disagrees.
  5. If a parent requests an independent educational evaluation, the district may ask why the parent disagrees with the public evaluation. The parent may, but is not required to provide an explanation. The district may not:
    1. Unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public evaluation.;
    2. Except for the criteria listed above in c., impose conditions or timelines related to obtaining an IEE at public expense.
  6. The district considers an independent educational evaluation submitted by the parent, in any decision made with respect to the provision of a free appropriate public education to the student, if the submitted independent evaluation meets district criteria.
1. Dispute Resolution – Mediation
  1. The district or parent may request mediation from ODE for any special education matter, including before the filing of a complaint or due process hearing request.
  2. The district acknowledges that:
    1. Mediation must be voluntary on the part of the parties, must be conducted by a qualified and impartial mediator who is trained in effective mediation techniques and may not be used to deny or delay a parent’s right to a due process hearing or filing a complaint.
    2. Each mediation session must be scheduled in a timely manner and must be held in a location that is convenient to the parties to the dispute.
    3. An agreement reached by the parties to the dispute in the mediation process must be set forth in a legally binding written mediation agreement that:
      
      States the terms of the agreement;
      
      States that all discussions that occurred during the mediation process remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and
      
      Is signed by the parent and a representative of the school district who has the authority to bind the district to the mediation agreement.
    4. Mediation communication is not confidential if it relates to child or elder abuse and is made to a person who is required to report abuse, or threats of physical harm, or professional conduct affecting licensure.
    5. The mediation agreement is enforceable in any state court of competent jurisdiction or in a district court of the United States.
1. Dispute Resolution – Complaint Investigation
  1. Any organization or person may file a signed, written complaint with the State Superintendent of Public Instruction alleging that a district or education service district (ESD) is violating or has violated the Individuals with Disabilities Education Act (IDEA) or associated regulations within one year before the date of the complaint. Upon receiving a parent complaint, the ODE forwards the complaint to the district or ESD along with a request for a district response to the allegations in the complaint.
  2. Upon receiving a request for response from ODE, the district responds to the allegations and furnishes any requested information or documents within 10 business days.
  3. The district sends a copy of the response to the complainant. If ODE decides to conduct an on-site investigation, district personnel participate in interviews and provide additional documents as needed.
  4. The district and the complainant may attempt to resolve a disagreement that led to a complaint through mediation. If they decide against mediation, or if mediation fails to produce an agreement, ODE will pursue the complaint investigation.
  5. If ODE substantiates some or all of the allegations in a complaint, it will order corrective action. The district satisfies its corrective action obligations in a timely manner.
  6. If the district disagrees with the findings and conclusions in a complaint final order, it may seek reconsideration by ODE or judicial review in county circuit court.
1. Due Process Hearing Requests
  1. The district acknowledges that parents may request a due process hearing if they disagree with a district proposal or refusal relating to the identification, evaluation, educational placement or provision of a free appropriate education to a student who may have a disability and be eligible for special education.
  2. The district may request a due process hearing regarding the identification, evaluation, educational placement or provision of a free appropriate education to a student who may have a disability and be eligible for special education.
  3. When requesting a due process hearing, the district or the attorney representing the district provides notice to the parent and to ODE.
  4. The party, including the district, that did not file the hearing request must, within 10 days of receiving the request for a hearing, send to the other party a response that specifically addresses the issues raised in the hearing request.
  5. If the parent had not yet received prior written notice of the district’s proposal or refusal, the district, within 10 days of receiving the hearing request for a due process hearing, sends to the parent a response that includes:
    1. An explanation of why the district proposed or refused to take the action raised in the hearing request;
    2. A description of other options that the district considered and the reasons why those options were rejected;
    3. A description of each evaluation procedure, assessment, record or report the district used as the basis for the proposed or refused action; and
    4. A description of the factors relevant to the district’s proposal or refusal.
1. Resolution Session
  1. Within 15 days of receiving a due process hearing request, the district will hold a resolution session with the parents and the relevant members of the IEP team who have specific knowledge of the facts identified in the due process hearing request.
  2. This meeting will include a representative of the district who has decision-making authority for the district.
    1. The district will not include an attorney unless the parent brings an attorney.
    2. The district will provide the parent with an opportunity for the parent to discuss the hearing request and related facts so that the district has an opportunity to resolve the dispute.
    3. The district and parent may agree in writing to waive the resolution meeting. If so, the 45 -day hearing timeline will begin the next business day, unless the district and parent agree to try mediation in lieu of the resolution session.
1. Time Limitations and Exception
  1. A parent must request a due process hearing within two years after the date of the district act or omission that gives rise to the parent's hearing request.
  2. This timeline does not apply to a parent if the district withheld relevant information from the parent or incorrectly informed the parent that it had resolved the problem that led the parent’s hearing request.
1. Hearing Costs
  1. The district reimburses ODE for costs related to conducting the hearing, including pre -hearing conferences, scheduling arrangement and other related matters.
  2. The district provides the parent with a written or, at the option of the parent, an electronic verbatim recording of the hearing, within a reasonable time of the close of the hearing
  3. The district does not use IDEA funds to pay attorney's fees or other hearing costs.
1. Discipline and Placement in Interim Alternative Setting
See Board policy JGDA - Discipline of Students with Disabilities.

1 “Consent” means that the parent or adult student: a) has been fully informed, in his/her native language or other mode of communication, of all information relevant to the activity for which consent is sought; and b) understands and agrees in writing to the carrying out of the activity for which his/her consent is sought. Consent is voluntary on the part of the parent and meeting the requirements of consent provision for OAR 581-015-2090, IDEA and Family Education Rights and Privacy Act (FERPA).
Code: IGBAH
Adopted: 8/13/97
Re-adopted: 10/11/00, 3/12/08, 6/13/12, 8/10/22

Consistent with its child find and parent consent obligations, the district responds promptly to requests initiated by a parent or public agency for an initial evaluation to determine if a child is a child with a disability.

A full and individual evaluation of a student’s educational needs that meets the criteria established in the Oregon Administrative Rules will be conducted before determining eligibility and before the initial provision of special education and related services to a student with a disability. The district implements an ongoing system to locate, identify and evaluate all children birth to 21 residing within its jurisdiction who have disabilities and need early intervention, early childhood special education or special education services.

The district identifies all children with disabilities, regardless of the severity of their disabilities, including children who are:
1. Highly mobile, such as migrant and homeless children;
2. Wards of the state;
3. Native American[1] preschool children living on reservations;
4. Suspected of having a disability even though they advance from grade to grade;
5. Home schooled;
6. Resident and nonresident students, including residents of other states, attending private school (religious or secular) located within the boundaries of the district;
7. Attending a public charter school located in the district;
8. Below the age of compulsory school attendance who are not enrolled in a public or private school program; and
9. Above the age of compulsory school attendance who have not graduated from high school with a regular high school diploma and have not completed the school year in which they reach their 21st birthday.
The district is responsible for evaluating and determining eligibility for special education services for school -age children. The district is responsible for evaluating children who may be eligible for early intervention/early childhood special education (EI/ECSE) services. The district’s designated referral and evaluation agency is responsible for determining eligibility.

Before conducting any evaluation or reevaluation, the district:
1. Plans the evaluation with a group that includes the parent(s);
2. Provides prior written notice to the parent(s) that describes any proposed evaluation procedures the agency proposes to conduct as a result of the evaluation planning process; and
3. Obtains informed written consent for evaluation.
The district conducts a comprehensive evaluation or reevaluation before:
1. Determining that a child has a disability;
2. Determining that a child continues to have a disability;
3. Changing the child’s eligibility;
4. Providing special education and related services;
5. Terminating the child’s eligibility for special education, unless the termination is due to graduation from high school with a regular diploma or exceeding the age of eligibility for a free appropriate public education.
Upon completion of the evaluation, the district provides the parent or eligible child a copy of the evaluation report at no cost. The evaluation report describes and explains the results of the evaluation. Upon completion of the eligibility determination, the district provides the parent or eligible child documentation of eligibility determination at no cost.

The district ensures that assessments and other evaluation materials, including those tailored to assess specific areas of education need, used to assess a child are:
1. Selected and administered so as not to be racially or culturally discriminatory;
2. Provided and administered in the child’s native language or other mode of communication and form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally unless it is clearly not feasible to do so;
3. Used for purposes for which assessments or measures are valid and reliable;
4. Administered by trained and knowledgeable personnel; and
5. Administered in accordance with any instructions provided by the producer of such assessments.
Materials and procedures used to assess a child with limited English proficiency are selected and administered to ensure that they measure the extent to which the child has a disability and needs special education, rather than measuring the child’s English language skills.

A student must meet the eligibility criteria established in the Oregon Administrative Rules.

The district conducts reevaluations:
1. When the educational or related services needs, including improved academic achievement and functional performance of the children warrant a reevaluation;
2. When the child’s parents or teacher requests a reevaluation; and
3. At least every three years, unless that parent and the district agree that a reevaluation is unnecessary.
The district does not conduct re-evaluation more than once a year, unless the parent and district agree otherwise.

If a parent has previously revoked consent for special education and related services and subsequently requests special education and related services, the district will conduct an initial evaluation of the student to determine eligibility for special education.

END OF POLICY

Legal Reference(s)
ORS 343.155
ORS 343.157
ORS 343.164
OAR 581-015-2000
OAR 581-015-2095
OAR 581-015-2105 to-2190

Assistance to States for the Education of Children with Disabilities, 34 C.F.R. §§ 300.300, 300.530-300.534, 300.540-300.543, 300.7 (2017).
Code: IGBAH-AR
Adopted: 8/13/97
Re-adopted: 10/11/00, 3/12/08, 7/2020, 8/10/22

1.   Requirements for Initial Evaluation

a.   Consistent with its child find and parent consent obligations, the district responds promptly to requests initiated by a parent or public agency for an initial evaluation to determine if a child is a child with a disability.

b.   Upon receiving a request from a parent or public agency for an initial evaluation, the district designates a team to determine whether an initial evaluation will be conducted.

1.   The district team includes the parent and at least two professionals, at least one of whom is a specialist knowledgeable and experienced in the evaluation and education of children with disabilities.

a.   The team may make the decision to evaluate with or without a meeting.
b.   The district documents team members’ input, including parents, whether or not the district convenes a meeting.

c.   If a meeting is held, the district invites parents to participate.

d.   If the district agency refuses an evaluation requested by the parent, the district provides the parent with prior written notice of its refusal to conduct an evaluation.

e.   The district acknowledges the parent’s rights to challenge its refusal to conduct an evaluation.

2.   The initial evaluation consists of procedures:

a.   To determine if the child has a disability; and
b.   To identify the child’s educational needs.

3.   The district conducts the initial evaluation within 60 school days of receiving parental consent for evaluation unless:

a.   The district and the parents agree in writing to extend the timeline for an evaluation to determine eligibility for specific learning disabilities;
b.   The child moves from another district during the evaluation, the district is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and the district agree in writing to a specific time when the evaluation will be completed; or
c.   The parent repeatedly fails or refuses to produce the child for evaluation.

4.    Re-evaluation
a.   The district conducts re-evaluations:

1.   When the educational or related services needs, including improved academic achievement and functional performance of the child, warrant an evaluation;
2.   When the child’s parents or teacher request a re-evaluation; and
3.   At least every three years, unless that parent and the district agree that a re-evaluation is unnecessary.

b.   The district does not conduct re-evaluation more than once a year unless the parent and district agree otherwise.

5.   Evaluation Planning
a.   As part of an initial evaluation (if appropriate) and as part of any re-evaluation, the child’s individualized education program (IEP) or individualized family service plan (IFSP) team, including the parents and other qualified professionals as appropriate, must review existing information on the child, including:

1.   Evaluations and information provided by the child's parents;
2.   Current classroom-based, local or state assessments and classroom-based observations;
3.   Observations by teachers and related service providers; and
4.   Medical, sensory, and health information.

b.   On the basis of that review and input from the child's parents, identify what additional data if any is needed to determine:

1.   Whether the child has a disability;
2.   The child's present levels of academic achievement and related development needs;
3.   Whether the child needs or continues to need early intervention/early child special education (EI/ECSE) or special education and related services; and
4.   For re-evaluation, whether the child needs any additions or modifications to the special education and related services or, for a preschool child, any additions or modification to ECSE services:

a.   To enable the child to meet the measurable annual goals in the child's IEP or IFSP; and
b.   To participate, as appropriate, in the general education curriculum or, for preschool children, appropriate activities.

6.   Evaluation Procedures
a.   The district assesses the child in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status and motor abilities.

b.   The evaluation is sufficiently comprehensive to identify all of the child’s special education and related needs, whether or not commonly linked to the disability category in which the child has been classified.

c.   The evaluation includes information provided by the parent and a variety of assessment tools and strategies to gather relevant functional, developmental and academic information about the child that assist in determining:

1.   Whether the child has a disability; and
2.   The content of the child’s IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities).

d.   The district ensures that assessments and other evaluation materials, including those tailored to assess specific areas of educational need, used to assess a child:

1.   Are selected and administered so as not to be discriminatory on a racial or cultural basis;
2.   Are provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally and functionally, unless it is clearly not feasible to do so;
3.   Are used for the purposes for which the assessments or measures are valid and reliable;
4.   Are administered by trained and knowledgeable personnel; and
5.   Are administered in accordance with any instructions provided by the producer of the assessments.

e.   The district selects and administers assessments to ensure that if an assessment is administered to a child with impaired sensory, manual or speaking skills, the assessment results accurately reflect the child’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual or speaking skills (unless those skills are the factors that the test purports to measure).

f.   The district uses technically sound instruments that may assess the relative contribution of cognitive factors and behavioral factors in addition to physical or developmental factors.

g.   The district does not use any single measure of assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child.

7.   Requirements if Additional Evaluation Data is not Needed to Determine Eligibility
a.   If the child’s IEP or IFSP team determines that no additional data is needed to determine whether or not the child is or continues to be a child with a disability, and to determine the child’s educational and developmental needs, the district provides prior written notice of that decision, the reasons for it, and the right of parents to request an assessment.
b.   When the IEP or IFSP team determines that no additional data is needed to determine eligibility, the district does not conduct an assessment of the child unless requested to do so by the parents.

8.   Evaluation Procedures for Transfer Students

When a child with disabilities transfers from one district to another district in the same school year, the district coordinates with the previous district to complete any pending assessment as quickly as possible.

9.   Eligibility Determination
a.   Once evaluation is completed, the district designates an eligibility team to determine whether the child is eligible for special education services.

b.   This team includes:

1.   Two or more professionals, one of whom will be knowledgeable and experienced in evaluating and teaching students with the suspected disability; and
2.   The student's parent(s).

c.   For consideration of eligibility in the area of specific learning disabilities, the district eligibility team includes:

1.   A group of qualified professionals and the parent;
2.   The child’s regular classroom teacher or, if the child does not have a regular classroom teacher, a regular classroom teacher qualified to teach a child of his or her age, or for a child of less than school age, a preschool teacher; and
3.   A person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist or other qualified professional.

d.   In interpreting evaluation data, each district team carefully considers and documents information from a variety of sources, including but not limited to, aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior and all required elements of the evaluation.

e.   Each eligibility team prepares a written eligibility statement that includes:

1.   Identification of the evaluation data considered in determining the child’s eligibility, including the required evaluation components for the disability under consideration;
2.   A determination of whether the child meets the minimum evaluation criteria for one or more of the disability categories in Oregon Administrative Rule;
3.   A determination of whether the primary basis for the suspected disability is:

a.   A lack of appropriate instruction in reading (including the essential components of reading) or math; or
b.   Limited English proficiency.

4.   A determination of whether the child's disability has an adverse impact on the child's educational performance;
5.   A determination of whether, as a result of the disability, the child needs special education services;
6.   The signature of every team member and an indication of whether each agrees with the eligibility determination;
7.   For a child suspected of having a specific learning disability, the team's written report includes additional specific documentation as required by Oregon Administrative Rule.

f.   The team does not find a child eligible as a child with a disability if the determinant factor for that eligibility decision is:

1.   Lack of appropriate instruction in reading, including the essential components of reading instruction or lack of appropriate instruction in math; or
2.   Limited English proficiency; and
3.   The child does not otherwise meet the eligibility criteria found in Oregon Administrative Rule for the category(ies) of disability under consideration.

g.   The team finds a child eligible if the child has a disability and needs special education and related services, even though the child is advancing from grade to grade.

h.   A child may have disabilities in more than one disability category, but the team needs to find the child eligible in only one category. However, the district evaluates the child in all areas related to the suspected disability or disabilities, and the child’s IEP addresses all of the child’s special education needs.
Code: IGBAI
Adopted: 8/13/97
Re-adopted: 10/11/00, 3/12/08, 8/10/22

Individuals with Disabilities Education Act (IDEA) requires special education services for two different groups of private school students: those referred or placed by the district and those enrolled by parents. The law, rules and requirements for these groups of students are vastly different. It is the policy of the district to implement differentiated procedures and services for these groups.

The district shall ensure that a student with a disability who is placed in or referred to a private school or facility by the district is provided special education and related services at no cost to the parents, is provided an education that meets the standards that apply to education provided by the district and has all of the rights of a student with a disability who is served by the district.

If a student with a disability has a free appropriate public education available to him/her and the parents choose to place the student in a private school, the district is not required to pay the cost of the student’s education, including special education and related services, at the private school.

All parentally-placed private school students attending a private school within the district’s boundaries will be included in the district’s special education private school student count and the private school students for whom the district may provide services.

END OF POLICY

Legal Reference(s)
ORS 343.155
OAR 581-015-2080
OAR 581-015-2085
OAR 581-015-2265
OAR 581-015-2270
OAR 581-015-2280
OAR 581-015-2450
OAR 581-015-2455
OAR 581-015-2460
OAR 581-015-2470
OAR 581-015-2480
OAR 581-015-2515
OAR 581-021-0029

Assistance to States for the Education of Children with Disabilities, 34 C.F.R. §§ 300.221, 300.380 - 300.382 (2006).
Code: IGBAI-AR(1)
Adopted: 8/13/97
Re-adopted: 10/11/00, 3/12/08, 8/10/22

Approved Private Schools
1. Obligations of the District:
  1. The district ensures that parents are included in any decision about their child's evaluation, eligibility, placement or provision of services.
  2. If the district refers a student with a disability to, or places such a student in, a private school or facility as a means of providing special education and related services, the district ensures that the student receives an education that meets the standards of the state in a private preschool, school or facility approved by the Oregon Department of Education to provide such education in conformance with an IEP, and at no cost to the parents, and has all the rights of a student with a disability who is served by the district.
  3. Before placing a student with a disability in an approved private school or preschool, the district ensures that the program has current Oregon Department of Education approval to provide special education and related services.
  4. The district or public agency fulfills all federal and state requirements relating to the evaluation, the IEP/IFSP development and placement when determining whether to place the child in an approved private preschool or school for special education services.
  5. For each student age three through 21, the district’s or public agency’s placement team, including the parent, determines whether placement in an approved private school constitutes a free appropriate public education in the least restrictive environment.
    1. When proposing to place a child with a disability in an approved private school or preschool, the district ensures that school-age students are district residents or preschool-age children are eligible to receive EI/ECSE or special education services.
    2. The district initiates and conducts an individualized education program team meeting that includes a representative of the approved private school. If a representative of the approved private school, or other member of the IEP/IFSP team is unable to attend the IEP/IFSP meeting, the district and the parent may agree to use alternative means of meeting participation such as individual or conference telephone calls, or video conferences.
    3. After the district initially places a student in an approved private school, any subsequent meetings to review or revise an IEP/IFSP or placement are the responsibility of the district or public agency, unless the district or public agency requests by written agreement that the approved private school initiate and conduct meetings to review and revise the IEP or IFSP.
    4. The district may, by written agreement, request that the approved private school initiate and conduct meetings to review and revise the IEP or IFSP. Under such an agreement the district remains responsible for ensuring the private school or preschool meets:
      
      All federal and state requirements related to these meetings; and
      
      Ensures the participation of parents and the district or public agency representative.
    5. The private school or preschool may not determine or implement program changes without the participation and agreement of the parents and the district or public agency representative.
    6. The district in which the child resides provides transportation to and from the approved private school or preschool at no cost to the parent.
    7. The district or public agency terminates the placement of students in a private school or preschool if the Oregon Department of Education suspends, revokes or refuses to renew the approval of a private school or preschool.
      
      The district ensures that every student with a disability who is placed in or referred to a private school or facility by the district as a means of providing special education and related services:
      
      Receives education and services that constitute a free appropriate public education in the least restrictive environment at no cost to the parents;
      
      Is provided an education that meets the standards that apply to education provided by the public agency; and
      
      Has all of the rights of a student with a disability who is served by the public agency.
      
      The district ensures that all applicable federal and state requirements relating to the evaluation, eligibility, IEP development, placement and procedural safeguards are followed when determining whether the student will be placed in an approved private school for special education services.
      
      The district initiates and conducts an IEP meeting at which an IEP is developed based upon the needs of the student before determining placement of a student with a disability in an approved private school.
1. Out‑of‑State Placements for Special Education
  1. The district ensures that any private educational institution located outside the state of Oregon with which it contracts to provide special education and related services to Oregon students is approved by the state educational agency of the state in which the educational institution is located. If the state does not have a formal approval process, the educational institution shall meet whatever requirements apply for private schools to serve publicly placed students in that state.
  2. The district maintains documentation of such approval and makes it available to the Oregon Department of Education (ODE) upon request.
  3. The district makes contractual agreements for out‑of‑state placements for the provision of special education and related services when, in accordance with applicable federal and state law, the district has:
    1. Developed an individualized education program;
    2. The placement team has determined that no appropriate in‑state placement options are available.
1. District Responsibility for Students Enrolled by their Parents in Private Schools
  1. The district provides equitable services, funded by a proportionate share of federal special education funds, for resident and nonresident students with disabilities enrolled by their parents in private schools located within district boundaries. Nonresident students include children who are residents of another state.
  2. The district consults with private school officials about procedures and services and provides child find activities, evaluations, reevaluations and eligibility determinations comparable to those provided for the district's public schools.
  3. The district maintains in its records and provides annually to the Oregon Department of Education, a count of the number of parentally‑enrolled private school students evaluated, the number found eligible and the number to whom it provides services.
1. Consultation with Representatives of Private School Students with Disabilities
  1. The district consults, in a timely and meaningful way with representatives of private schools and parents of parentally placed private school students with disabilities enrolled in private schools located within the district’s boundaries.
  2. Consultation includes:
    1. The child find process, including:
      
      How parentally-placed private school children with disabilities may participate equitably, as they do not have an individual entitlement to the same level of special education services as children enrolled in public schools; and in the child find process and how parents, teachers and private school officials will be informed of the process;
      
      How parents, teachers and private school officials will be informed of the process.
      
      How, where and by whom the special education and related services will be provided.
      
      The determination of the proportionate amount of federal funds available including how the amount is calculated, the proportionate share of federal funds available to serve parentally placed private school children with disabilities and how this is calculated.
      
      How services will be apportioned if funds are insufficient, and how and when these decisions will be made.
      
      A written explanation of service decisions that the district provides to officials of private schools if the district disagrees with the views of the private school officials about the services to be provided or the methods of providing these services.
  3. Written affirmation and complaint:
    1. The district requests a written affirmation, signed by the administrator of each private school participating in the consultation process that a timely and meaningful consultation occurred;
    2. If private school officials do not provide this affirmation within a reasonable period of time, the district forwards its documentation of the consultation process to the Oregon Department of Education (ODE);
    3. The district maintains documentation of its consultation process.
    4. The district acknowledges the right of a private school official to submit a complaint to the Oregon Department of Education (ODE) regarding the district’s implementation of these requirements. Should such a complaint occur, the district forwards to ODE appropriate documentation, including documentation of the district’s consultation process.
  4. The district makes the final decisions with respect to the services to be provided to eligible private school students.
  5. Child Find for Parentally‑Placed Private School Children:
    1. The district’s child find process includes all resident and nonresident parentally placed students attending private schools located within the district’s boundaries.
    2. The district provides child find activities that are similar to, and completed within a comparable time period as child find activities for students win the district’s public schools.
    3. The district consults with private school representatives and parents about how to implement the child find activities and how to keep parents and private school personnel informed.
    4. The district ensures the equitable participation of parentally placed private school students in the child find process.
    5. The district does not include the cost of conducting child find activities for private school students, including individual evaluations in determining whether it has spent a proportionate share of its federal IDEA funds on parentally placed private school students with disabilities.
    6. The district ensures an accurate count of these children is made between October 1 and December 1 of each year and uses this count in determining the amount the district spends for services in the subsequent fiscal year.
1. Provisions for Serving Students Placed by Their Parents in Private Schools:
  1. District decisions about the services that are provided to private school students with disabilities are made throughout the consultation process and in accordance with the district’s plan for serving parentally placed private school students and their service plans.
  2. The services provided to private school students with disabilities are provided by personnel meeting the same standards as personnel providing services in the district program.
  3. The district may provide private school students with disabilities a different amount of services than students with disabilities attending public schools in the district.
  4. The district may provide services to private school students with disabilities onsite at the student’s private school, including a religious school, to the extent that services can be provided in a religiously neutral setting within the private school. These services will be provided during the student’s regular school day, unless stated otherwise in the student’s service plan.
  5. If a parent of a private school student with a disability requests an IEP meeting from the resident district, the resident district will either:
    1. Hold an IEP meeting within a reasonable time; or
    2. Provide the parent with prior written notice of the district’s refusal to hold an IEP meeting.
1. Evaluation, Reevaluation and Eligibility of Private School Students with Disabilities
  1. The district conducts evaluations, reevaluations and eligibility determinations, in accordance with federal and state laws and regulations, for both resident and nonresident students enrolled by their parents in private schools located within district boundaries.
  2. Eligibility for special education and related services will be determined by the district in the same manner as for public school students with disabilities.
  3. The district in which the private school is located reevaluates private school students with disabilities at least every three years to determine whether the student continues to be eligible for special education, whether the student is or is not currently receiving services under a services plan. \
  4. If parents who enroll a student in a private school at their own expense do not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the district does not use due process procedures to override the lack of consent. The district does not, and is not required to, consider the child as eligible for special education services in these cases.
  5. If a parent refuses a reevaluation that is necessary to determine whether the student continues to be a student with a disability, and as a result the team cannot determine the student’s continuing eligibility, the student will no longer be considered “eligible” and shall not be counted as a private school student with a disability for the purposes of the private school student count.
  6. Following an initial determination of eligibility, and upon any subsequent determination of eligibility, the district will notify the parent in writing that the resident district will make a free appropriate public education available to the student if the student is enrolled in a district program, and conducts a meeting to develop, review or revise the student’s services plan.
  7. If the parent does not choose to remove the child from private school to enroll in a district public school, the district initiates and conducts a meeting to develop, review or revise the student’s services plan, consistent with the procedures for IEP meetings and timeline and in light of the service provision the district has determined through the consultation process.
  8. The district in which the private school is located does not release evaluation and eligibility determination information or other personally identifiable information to the student’s resident district without written parental consent, unless parents seek enrollment in the student’s resident district and the resident district requests records.
1. Service Plans
  1. If a student with a disability is enrolled by a parent in a private school the district offers a services plan.
  2. The district ensures that the services plan describes the specific special education and related services the district will provide to the student in light of the services that have been determined through the consultation process.
  3. The district convenes individual meetings to develop, review and revise the services plan consistent with procedures for IEP team membership, parent participation and IEP content, to the extent appropriate.
  4. The district ensures that a representative of the private school attends each meeting. If the representative cannot attend, the district will use other methods to ensure participation by the private school, including individual or conference telephone calls.
  5. The district is not required to provide transportation from the student’s home to the private school except in the following circumstances.
If necessary for the student to benefit from or participate in the services provided by the public agency, a private school student with a disability will be provided transportation:
1. From the student's school or the student's home to a site other than the private school; and
2. From the service site to the private school, or to the student's home, depending on the timing of the services.
1. Property, Equipment and Supplies
  1. The district keeps title to and exercises continuing administrative control of all property, equipment and supplies that the district acquires with IDEA funds for the benefit of private school students with disabilities.
  2. The district may place equipment and supplies in a private school for a period of time needed to implement the service plan of a private school student with disabilities or for child find purposes.
  3. The district ensures that the equipment and supplies placed in a private school:
    1. Are used only for implementation of special education activities; and
    2. Can be removed from the private school without remodeling the private school facility.
  4. The district removes equipment and supplies from a private school if:
    1. The equipment and supplies are no longer needed for special education activities, programs or services; or
    2. The district determines removal is necessary to avoid unauthorized use of the equipment and supplies.
  5. The district does not use IDEA funds for repairs, minor remodeling or construction of private school facilities.
1. Separate Classes Prohibited
The district will not use IDEA funds for classes that are organized separately on the basis of school enrollment or religion of the students if:
1. The classes are at the same site; and,
2. The classes include students enrolled in public school programs and students enrolled in private schools.
1. Funds and Property Not To Benefit Private Schools
  1. The district will not use IDEA funds to finance the existing level of instruction in a private school or to otherwise benefit the private school.
  2. The district will use IDEA funds to meet the special education needs of students enrolled in private schools, but not for:
    1. The needs of a private school; or
    2. The general needs of the students enrolled in the private school.
1. Use of School Personnel
  1. The district may use IDEA funds to make public school personnel available in other than public facilities:
    1. To the extent necessary to implement any of the requirements related to private school students with disabilities; and
    2. If those services are not normally provided by the private school.
  2. The district may use IDEA funds to pay for the services of an employee of a private school to provide services to private school students if:
    1. The employee performs the services outside of his/her regular hours of duty; and
    2. The employee performs the services under public supervision and control.
1. Federal Funds Available for Services
  1. The district calculates a proportionate share of federal funds available to provide special education and related services to private school students with disabilities using the formula specified in the Individuals with Disabilities Act (IDEA).
  2. If the district does not expend the proportionate share of funds by the end of the fiscal year, the district obligates the remaining funds to be used in the following year.
  3. Maintenance of Effort. The district does not include child find expenditures in determining whether the district has met its expenditure requirements for parentally placed private school students, but may include the cost of transportation required for students to access required special education services.
  4. The district does not supplant the proportionate amount of federal funds required to be expended for parentally placed private school students.
Code: IGBAJ
Adopted: 8/13/97
Re-adopted: 10/11/00, 4/9/08, 3/12/14, 9/12/18, 8/10/22
1. The district admits all resident school -age children with disabilities and makes special education and related services available at no cost to those:
  1. Who have reached five years of age but have not yet reached 21 years of age on or before September 1 of the current school year, even if they are advancing from grade to grade;
  2. Who have not graduated with a regular high school diploma;
  3. Who have been suspended or expelled in accordance with special education discipline provisions; or
  4. Who reach age 21 before the end of the school year. These students remain eligible until the end of the school year in which they reach 21.
1. The district determines residency in accordance with Oregon law.
1. The district takes steps to ensure that its children with disabilities have available to them the variety of educational programs and services available to nondisabled children in the area served by the district and provides a continuum of services to meet the individual special education needs of all resident children with disabilities, and children with disabilities who are enrolled in public charter schools located in the district.
1. The district may, but is not required to, provide special education and related services to a student who has graduated with a regular diploma.
1. State law prohibits the district from recommending to parents, or requiring a child to obtain, a prescription for medication to affect or alter thought processes, mood or behavior as a condition of attending school, receiving an evaluation to determine eligibility for early childhood special education or special education, or receiving special education services.
1. If the individualized education program (IEP) team determines that placement in a public or private residential program is necessary to provide FAPE, the program, including nonmedical care and room and board, must be at no cost to the parents of the child.
1. If a parent revokes consent for a student receiving special education and related services, the district will not be considered to be in violation of the requirement to make FAPE available to the student because of the failure to provide the student with further special education and related services.
  
  END OF POLICY
Legal Reference(s)
ORS 338.165
ORS 339.115
ORS 343.085
ORS 343.224
OAR 581-015-2020
OAR 581-015-2035
OAR 581-015-2040 to-2065
OAR 581-015-2050
OAR 581-015-2075
OAR 581-015-2530
OAR 581-015-2600
OAR 581-015-2605
OAR 581-021-0029

Assistance to States for the Education of Children with Disabilities, 34 C.F.R. §§ 300.17, 300.101-110, 300.113, 300.300 (2017).
Code: IGBAJ-AR
Adopted: 8/13/97
Re-adopted: 10/11/00, 11/7/03, 4/9/08, 10/9/13, 8/10/22
1. FAPE and Age Ranges
The district provides special education and related services to all resident school‑age students with disabilities, including students enrolled in public charter schools located in the district, as provided below.
1. “School-age children” are children who have reached 5 years of age but have not yet reached 21 years of age on or before September 1 of the current school year.
2. The district will admit an otherwise eligible student who has not yet reached 21 years of age on or before September 1 of the current school year.
3. An otherwise eligible person whose 21st birthday occurs during the school year will continue to be eligible for FAPE for the remainder of the school year.
4. The district provides FAPE to students with disabilities who have been suspended or expelled from school in accordance with the special education discipline rules.
1. Non-academic Services
  1. The district provides equal opportunity for students with disabilities for participation in non-academic and extracurricular services and activities.
  2. Non-academic and extracurricular services and activities may include meals, recess periods, counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the district, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the district and assistance in making outside employment available.
  3. The district ensures that each child with a disability participates with non-disabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of each individual child.
1. Graduation
  1. A student graduating with a regular high school diploma is no longer entitled to FAPE.
  2. The district provides prior written notice a reasonable time before a student with a disability graduates with a regular high school diploma.
  3. The district is not required to, conduct a reevaluation before terminating eligibility due to graduation with a regular high school diploma.
  4. Graduation with an alternative document:
    1. The district may award an alternative document meeting the criteria of the State Board of Education alternative document to a student with a disability.
    2. Graduation with an alternative document does not terminate eligibility, require an evaluation or require prior written notice.
  5. The district may, but is not required to, provide special education and related services to a student who has graduated with a regular diploma.
1. Incarcerated Youth
  1. The district has a plan, approved by the local Board, to provide or cause to be provided, appropriate education for children placed in a local or regional correctional facility located in the district.
  2. The district provides FAPE for students with disabilities ages 18 through 21 incarcerated as adults in an adult correctional facility if, in the last educational setting before their incarceration:
    1. Were identified as students eligible for special education; and
    2. Had an IEP.
  3. The district’s provisions of FAPE does not include:
    1. The requirements relating to participation of children with disabilities in statewide and district assessments.
    2. For students whose eligibility for services will end before their release, the requirements related to transition planning and transition service do not apply. The district makes this determination based on considerations of the sentence and eligibility for early release. Requirements relating to transition planning and transition services, with respect to the students whose eligibility will end, because of their age, before they will be eligible to be released from adult correctional facilities based on consideration of their sentence and eligibility for early release.
    3. The IEP team may modify the student’s IEP or placement if the state has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. Least restrictive environment requirements do not apply with respect to these modifications.
    4. The public agency responsible for the special education of students in an adult correctional facility is not required to provide notice of meetings to the parent after rights transfer to the student.
1. Residential Placement
If the IEP team determines that placement in a public or private residential program is necessary to provide FAPE to a student with a disability, the district ensures that the program, including non-medical care and room and board, is provided at no cost to the parents of the student.
1. Physical Education
  1. The district makes physical education services, specially designed if necessary, available to every child with a disability receiving FAPE, unless the school enrolls children without disabilities and does not provide physical education to children without disabilities in the same grade.
  2. The district provides the opportunity to each child with a disability to participate in the regular physical education program available to non-disabled children unless the child needs specially designed physical education as prescribed in the child’s IEP.
  3. If specially designed physical education is included in a child’s IEP, the district must provide the services directly or make arrangements for those services to be provided through other public or private agencies or programs.
  4. If the child with a disability is enrolled full time in a separate facility, the district must ensure that the child receives appropriate physical education services.
1. Public Charter Schools
  1. The district serves children with disabilities attending public charter schools located in the district in the same manner and in accordance with applicable laws and rules governing the district’s provision of services to children with disabilities in its other schools.
  2. The district shall, in consultation with the student’s parent, guardian or person in parental relationship, provide FAPE to the student, in accordance with OAR 581-015-2230(1), until the district implements the IEP from the previous district or develops, adopts and implements a new IEP that meets acceptable requirements. If the information received was in effect in a previous district in another state, the district will implement the IEP in accordance with OAR 581-015-2230(2).
  3. The district provides supplementary and related services on site at a district public charter school to the same extent to which the district has a policy or practice of providing such services on the site to its other public schools.
  4. A school district in which a public charter school is located must provide IDEA funds to those public charter schools on the same basis as the school district provides those funds to other public schools in the district, including proportional distribution based on relative enrollment of children with disabilities, at the same time as funds are distributed to other public schools in the district.
  5. If a child with a disability enrolls in a public charter school, the public charter school is considered the school the child would attend if not disabled. Enrollment in any charter school is by parent choice. Enrollment in any out-of-district public charter school does not require an inter-district transfer agreement.
When a student enrolls in a public charter school, the district in which the public charter school is located shall:
1. Provide written notification of the student’s enrollment to the district in which the student resides;
2. Request, in accordance with applicable confidentiality provisions in state and federal laws, the records of the student, including all information related to an individualized education program developed for the student;
3. Provide written notification to the student’s parent, guardian or person in parental relationship to provide information about:
  1. The district’s responsibility to identify, locate and evaluate to determine a student’s need for special education and related services and to provide those special education services in the public charter school; and
  2. The methods by which the district may be contacted to answer questions or provide information related to special education and related services.
When a student no longer is enrolled in a public charter school for any reason other than graduation, the district in which the public charter school is located shall notify:
1. The district in which the student resided to provide notice: 1. That the student no longer is enrolled in the public charter school; and 2. That the district will provide the student education records including all information related to the student’s IEP if the student seeks enrollment or services from the district in which the student resides.
2. The student’s parent, guardian or person in parental relationship to provide information about: 1. The responsibility of the school district in which the student resides to identify, locate and evaluation students and implement services; 2. The methods by which the student’s resident district may be contacted to answer questions or provide information about special education and related services; and 3. The responsibility of the district to provide student records, including information related to the student’s IEP, if the student seeks enrollment or services from another district, including the parent’s resident district.
1. Recovery of Funds for Misclassified Students
The district ensures that students identified on the special education child count under Part B of the Individuals with Disabilities Education Act (IDEA) are limited to students who:
1. Meet eligibility requirements under OAR 581-015- 2130 -2180;
2. Have a current IEP that is being implemented;
3. Are receiving a FAPE;
4. Are enrolled in the district.
1. Students with Disabilities under IDEA Enrolled in Public Benefits or Insurance
A district may use the State’s Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for special education and related services required under IDEA, and permitted under the public benefits or insurance programs as specified below.

With regard to services required to provide FAPE to a child with disabilities under IDEA, a district:
1. May not require parents to sign up for or enroll in public benefits or insurance programs in order for their child with disabilities to receive FAPE under the IDEA, but may pay the cost that the parent otherwise would be required to pay; and
2. May not use the child’s benefits under a public insurance program if that use would:
  1. Decrease available lifetime coverage or any other insurance benefit;
  2. Result in the family paying for services that would otherwise be covered by the public benefits or insurance program, and that are required for the child outside of the time the child is in school;
  3. Increase premiums or lead to a discontinuation of insurance; or
  4. Risk loss of eligibility for home and community-based waiver, based on aggregate health-related expenditures; and
Prior to accessing a student’s or parent’s public benefits or insurance for the first time, and annually thereafter, the district must provide prior written notification to the student’s parents and must obtain written consent^[1]that:
1. States the personally identifiable information that may be disclosed (e.g. records or information about the services that may be provided to the student);
2. States the purpose of the disclosure (e.g. billing for services under IDEA);
3. Names the agency to which the disclosure may be made (e.g. Medicaid);
4. Specifies that the parent understands and agrees that the public agency may access the parent’s or student’s public benefits or insurance to pay for services under IDEA;
5. Acknowledges the district may not require parents to incur an out-of-pocket expense (i.e. payment of a deductible or co-payment incurred in filing a claim for special education or related services), but may pay the cost that the parent otherwise would be required to pay; and
6. Acknowledges the district may not use the student’s benefits under a public insurance program, if that use would:
  1. Decrease available lifetime coverage of any other insurance benefit;
  2. Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the student outside of the time the student is in school;
  3. Increase premiums or lead to the discontinuation of insurance; or
  4. Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures.
1. Accessible Materials
  1. Districts must ensure the timely provision of print instructional materials, including textbooks that comply with the National Instructional Materials Accessibility Standards (NIMAS) for students who are blind or print disabled.
  2. Districts must ensure the timely provision of instructional materials in accessible formats to children who need instructional materials in accessible formats, including those children who are not blind or print disabled.
2. Extended School Year (ESY) services as per administrative regulations, Special Education ‑ Individualized Education Program (IEP) - IGBAF-AR.
1. Assistive technology devices or services as per administrative regulations, Special Education ‑ Individualized Education Program (IEP) - IGBAF-AR.
[1] "Consent” means that the parent or adult student a) has been fully informed, in his/her native language or other mode of communication, of all information relevant to the activity for which consent is sought and b) understands and agrees in writing to the carrying out of the activity for which his/her consent is sought. Consent is voluntary of the part of the parent and meeting the requirements of consent provision for OAR 581-015-2090, IDEA and Family Education Rights and Privacy Act (FERPA).
Code: IGBAK
Adopted: 8/13/97
Re-adopted: 10/11/00, 4/9/08, 2/28/18, 8/10/22

The superintendent will be responsible for ensuring that all documents relating to the district’s eligibility for funds under Part B of the Individuals with Disabilities Education Act (IDEA) are available to parents of children with disabilities and to the general public for inspection, review and comment.

1. In complying with this requirement the district does not release or make public personally identifiable information.
2. Information available for public review includes, but is not limited to:

a. How the district implements policies, procedures and programs for special education, consistent with state and federal requirements;
b. Performance of students with disabilities on statewide assessments;
c. Results of the state’s general supervision and monitoring of district programs for special education, including the timeliness and accuracy of required data submissions;
d. District achievement of performance targets established in the State Performance Plan (SPP);
e. Financial information related to revenue and expenditures for students with disabilities, including but not limited to, district information about:

(1) Identifying the excess costs of educating students with disabilities;
(2) Maintaining the financial support for programs and services for students with disabilities (Maintenance of Effort (MOE)); and
(3) Describing available schoolwide programs under Title I of the Elementary and Secondary Education Act (ESEA) or the Every Student Succeeds Act of 2015 (ESSA);
(4) Documenting the annual district application for IDEA funds; and
(5) Reporting of official audits, complaints and due process hearings.

f. District dispute resolution information, including the resolution of state complaints and due process hearings.

END OF POLICY

Legal Reference(s)
State-Administered Programs, 34 C.F.R. § 76.304 (2017).
Assistance to States for the Education of Children with Disabilities, 34 C.F.R. § 34 C.F.R. 300.212 (2017).
Every Student Succeeds Act of 2015, 20 U.S.C. §§ 1413, 1418 (2012).
Code: IGBAL
Adopted: 8/13/97
Re-adopted: 10/11/00, 8/10/22
Orig. Code: IGBAL

If the district receives notice that a parent intends to home school a student with a disability, the district will offer an opportunity for an individualized education program (IEP) meeting to consider providing special education and related services in conjunction with home schooling and will provide written notice to the parent that a free appropriate public education will be provided if the student enrolls in the district. This notice shall be provided annually as long as:
1. The student remains eligible for special education; and
2. The student is exempt from compulsory education as a home‑schooled student; and
3. The student is not receiving special education and related services from the district.
  
  END OF POLICY
Legal Reference(s)
ORS 339.020
ORS 339.030
ORS 339.035
ORS 343.165
OAR 581-015-2080
OAR 581-015-2130 to 2190
OAR 581-015-2210
OAR 581-015-2310
OAR 581-015-2315
OAR 581-021-0026 to -0029

Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1427 (2006).
Code: IGBAL-AR
Adopted: 8/13/97
Re-adopted: 10/11/00, 4/9/08, 8/10/22
1. Home Schooling for Students with Disabilities
  1. As soon as the district learns of the parent’s intent to home school or when the district is informed that a resident student with disabilities is home schooled, the district provides written notice to the parent that it stands ready to provide a free appropriate public education if the student enrolls in the district.
  2. With parent acceptance of services offered through the “stand ready” notice, The district offers and documents to the parent an individualized education program (IEP) meeting to consider providing special education and related services to the student with a disability in conjunction with home schooling.
  3. The district provides an annual written notice that it stands ready to provide a free appropriate public education if the student enrolls in the district as long as:
    1. The student remains eligible for special education;
    2. The student is exempt from compulsory education as a home-schooled student; and,
    3. The student is not receiving special education and related services from the district.
  4. To consider the provision of special education services, the district convenes the IEP team for a student with a disability if the IEP team determines that a free appropriate public education can be provided in conjunction with home schooling. Services may be provided in the home only to the extent that special education or related services would be provided in the home if the student was not home schooled.
  5. The district develops an IEP consistent with the requirements for IEP team meetings, IEP team membership and IEP content, with the following exceptions:
    1. The student’s parent shall be treated as both parent and regular education teacher of the student unless the parent designates another individual as the regular education teacher;
    2. Under “extent of nonparticipation in regular education” the IEP shall state that the student is exempt from compulsory school attendance and regular education is provided through home schooling; and,
    3. The IEP will state how “satisfactory educational progress” will be determined for the student. A parent may use a privately developed plan (PDP) to determine satisfactory progress. If so, the IEP indicates that satisfactory progress will be determined by the PDP team, at parent request. If the student enrolls in a regular education class, pursuant to the district’s policy for students who are home schooled, the IEP team includes a regular education teacher.
  6. The district ensures that:
    1. Students with disabilities who are home schooled are reevaluated at least every three years unless waived by mutual agreement of the parent and the district;
    2. If the team determines a specific evaluation is necessary to continue eligibility or to determine appropriate special education and related services for the student’s IEP, and the parent refuses consent for such evaluation, or refuses to make the student available, the district will document to the parent that the district stands ready to conduct the evaluation when the parent gives consent or makes the student available;
    3. If the district does not have sufficient evaluation information to determine eligibility or to develop an IEP, the district is not required to complete these activities. The district will provide prior written notice if the district terminates eligibility or services under these circumstances.
1. Testing and Reporting Requirements
  1. If a student with a disability is receiving IEP services from the district and the IEP includes a provision for IEP team assessment of satisfactory educational progress, the district:
    1. Completes the assessment; and
    2. Provides the parent with a copy of the results, including a summary statement indicating whether the student has made satisfactory educational progress in light of the student’s age and disability.
  2. If a student with a disability is receiving IEP services in a core area of instruction, the district includes the student in statewide assessments, unless an exemption is requested by the parent.
1. Child Find
  1. If the district suspects that a home schooled student has a disability, the district:
    1. Obtains parent consent for initial evaluation; and,
    2. Conducts an initial evaluation and determines the student’s eligibility to receive special education and related services.
  2. If the student is eligible, the district notifies the parent and offers an opportunity for an IEP meeting to consider initiation of special education and related services to the student with a disability.
  3. If the parent refuses consent, does not respond or refuses to make the student available, the district documents to the parent that the district stands ready to conduct the evaluation when the parent gives consent or makes the student available.
1. School Enrollment
  1. If the district permits partial enrollment of home-schooled students in its regular education program, the district will permit students with disabilities to participate to the same extent as nondisabled students, if appropriate, whether or not the student is receiving IEP services from the district.
  2. A student who is exempt from compulsory school attendance as a home-schooled student with a disability will continue to be considered an exempt home-schooled student by the district even though the student receives special education and related services from the district, unless these services are the equivalent of full-time enrollment in the district; or the district permits partial enrollment of home-schooled students and, pursuant to that policy, the student attends one or more regular education classes, unless partial enrollment is the equivalent of full-time enrollment in the district.
Code: IGBB
Adopted: 6/9/93
Re-adopted: 8/13/97, 5/27/20, 8/10/22
Original Code: IGBB

The district is committed to an educational program that recognizes, identifies and serves the unique needs of talented and gifted students. Talented and gifted students are those who have been identified as academically talented and/or intellectually gifted.

The superintendent will develop a written identification process for identifying academically talented and intellectually gifted students in grades K through 12.

A written plan shall be developed that identifies programs or services needed to address the assessed levels of learning and accelerated rates of learning of identified students..

The district may also identify and provide programs for students who demonstrate creative abilities, or unusual abilities in visual arts.

END OF POLICY

Legal Reference(s)
ORS 343.391 - 343.401
ORS 343.407 - 343.413
OAR 581-022-2325
OAR 581-022-2330
OAR 581-022-2370
OAR 581-022-2500
Code: IGBBA
Adopted: 6/9/93
Re-adopted: 8/13/97, 11/9/11, 5/27/20, 8/10/22
Original Code: IGBBA

In order to serve academically talented and intellectually gifted students in grades K through 12, the district directs the superintendent after due consideration of the input of staff, parents and the community to establish a written identification process.

This process of identification shall include as a minimum:
1. Use of research based best practices to identify talented and gifted students from under-represented populations such as ethnic minorities, students with disabilities, students who are culturally and /or linguistically diverse or economically disadvantaged.
2. Behavioral, learning and/or performance information.
3. A nationally standardized mental ability test for assistance in the identification of intellectually gifted students.
4. A nationally standardized academic achievement test of reading or mathematics or a test of total English Language Arts/Literacy or total mathematics on the Smarter Balanced Assessment for assistance in identifying academically talented students.
Identified students shall score at or above the 97th percentile on one of these tests. Other students who demonstrate the potential to perform at the eligibility criteria, as well as additional students who are talented and gifted may be identified.

If a parent is dissatisfied with the identification process or placement of their student, they may appeal the decision through the accompanying administrative regulation, IGBBA-AR.

After exhausting the district’s appeal procedure and receiving the district’s final decision, a parent may appeal the decision to the Deputy Superintendent of Public Instruction under Oregon Administrative Rule (OAR) 581-002-0001 – 581-002-0023. The district shall provide a copy of the OARs upon request.

END OF POLICY

Legal Reference(s)
ORS 343.395
ORS 343.407
ORS 343.409
ORS 343.411
OAR 581-021-0030
OAR 581-022-2325
OAR 581-022-2330
OAR 581-022-2370
OAR 581-022-2500
Code: IGBBA-AR
Adopted: 8/13/97, 5/27/20; 8/10/22
Orig. Code: IGBBA-AR

The Board has established an appeal process for a parent to utilize if they are dissatisfied with the identification process and/or placement of their student in the district program for talented and gifted (TAG) students, and wish to request reconsideration. The district’s desire and intent is to reach satisfactory solutions during the informal process:

Informal Process
1. A parent will contact the building principal to request reconsideration.
2. The principal will confer or meet with the parent, and may include any additional appropriate persons (e.g., principal, counselor, teacher, etc.), within five school days of the request. Information pertinent to the selection or placement will be shared.
3. If an agreement cannot be reached, the parent may initiate the Formal Process.
Formal Process
1. A parent shall submit a written request for reconsideration of the identification and/or placement to the principal within five working days of the conference identified above.
2. The principal shall acknowledge in writing the receipt of the request within five working days and shall forward copies of the request and acknowledgement to the TAG coordinator.
3. The principal and district TAG coordinator and other appropriate administrator shall review the student’s file and earlier decisions within 10 working days of the original request presented in the previous step. Additional data may be gathered to support or change the earlier decision. The parent may be provided an opportunity to present additional evidence.
  
  If deemed necessary, a formal hearing will be conducted by the district hearings officer utilizing the appropriate procedures.
1. A decision will be made by the principal within 20 working days after receipt of the written request for reconsideration from the parent. The parent shall be notified of the decision in writing and the decision shall be forwarded to the superintendent.
2. The decision may be appealed to the Board through procedures found in IGBBC-AR – Complaints Regarding the Talented and Gifted Program.
3. If the parent is still dissatisfied, the parent may file an appeal to the Deputy Superintendent of Public Instruction under Oregon Administrative Rules (OAR) 581-002-0001 – 581-002-0023. The district shall provide a copy of the OAR upon request.
Code: IGBBC
Adopted: 8/13/97
Re-adopted: 11/9/11, 5/27/20, 8/10/22

A district written plan will be developed for programs and services beyond those normally offered by the regular school program. All required written course statements shall identify the academic instructional programs and services to be provided which accommodate the assessed levels and accelerated rates of learning in identified talented and gifted students. The superintendent will remove any administrative barriers that may exist which restrict a student’s access to appropriate services and will develop program and service options. These options may include, but are not limited to, the following:
1. Early Entrance;
2. Grade Skipping;
3. Cluster Grouping in Regular Classes;
4. Cross Grade Grouping;
5. Compacted/Fast-Paced Curriculum;
6. Advanced Placement Classes;
7. Honors Classes;
8. Independent Study;
9. Credit by Examination;
10. Concurrent Enrollment;
11. Academic Competitions.
The Board has established an appeal process for a parent or guardian to utilize if they are dissatisfied with the programs and services recommended for their student that has been identified as talented and gifted, and wish to request reconsideration. The appeal process is identified in administrative regulation IGBBA-AR – Appeal Procedure for Talented and Gifted Student Identification and Placement.

The Board has established a complaint procedure to utilize if a person who resides in the district or a parent or guardian of a student attending school in the district has a complaint regarding the appropriateness of programs and services provided for a student identified as talented and gifted. This complaint procedure, IGBBC-AR – Complaints Regarding the Talented and Gifted Program, is available at the district’s administrative office and on the home page of the district’s website. The complainant may file an appeal to the Deputy Superintendent of Public Instruction under Oregon Administrative Rules (OAR) 581-002-0001 - 581-002-0023. The district shall provide a copy of these OARs upon request.

END OF POLICY

Legal Reference(s)
OAR 581-022-2325
OAR 581-022-2330
OAR 581-022-2370
OAR 581-022-2500
Code: IGBC
Adopted: 8/13/97
Re-adopted: 4/11/07, 8/10/22
Original Code: IGBC

The Board recognizes that parental and family involvement is vital to achieve maximum educational growth for students participating in the district’s Title IA program. Therefore, in compliance with federal law and the Oregon Department of Education guidelines, the district shall meet with parents and family to provide information regarding their school’s participation in the Title IA program and its requirements.

The Board directs the superintendent to ensure that such meetings are held annually, and at a convenient time. All parents and family of participating students shall be invited to attend. Title IA funds may be provided for transportation, child care, home visits or other parental involvement services, as appropriate. The superintendent shall ensure equivalence among schools in teachers, administration and other staff and in the provisions of curriculum materials and instructional supplies.

Parents and family shall be informed of their right to be involved in the development of the district’s parental and family engagement policy, Title IA district and school plans and the school-parent compacts.

PARENTAL INVOLVEMENT POLICY

A parental and family engagement policy shall be developed jointly, agreed upon with and distributed to parents and family of participating students. The district shall ensure:
1. Involvement of parents and family members in the joint development of the district’s overall Title IA plan, and the development of support and improvement plans.
2. Coordination, technical assistance and other support necessary to assist participating schools in planning and implementing effective parent and family involvement activities to improve student academic achievement and school performance.
3. Development of activities that promote the schools’ and parents’ and family capacity for strong parent involvement.
4. Coordination and integration of parent and family engagement strategies with appropriate programs as provided by law.
5. Involvement of parents and family in the annual evaluation of the content and effectiveness of the policy, in improving the academic quality of schools served under Title IA.
6. Identification of barriers to participation by parents in activities who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy or are of any racial or ethnic minority.
7. Findings of annual evaluations are used to design evidence-based strategies for more effective parental involvement and to revise, if necessary, the requirements of this policy.
8. Involvement of parents in the activities of schools served under Title IA.
  
  DISTRICT TITLE IA PLAN
The district’s Title IA plan shall ensure that all children receive a high quality education and to close the achievement gaps between children meeting the challenging state academic standards and those children who are not meeting such standards. As a part of the district’s overall Title IA plan, the district shall ensure effective involvement of parents and family by promoting activities that support a partnership among the schools, parents, family and the community, and that promotes the improvement of student achievement. The district plan shall describe:
1. How the district will monitor progress in meeting state academic content standards.
2. How the district will identify and address any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, inexperienced or out-of-field teachers.
3. How the district will use effective parental involvement practices.
4. The poverty criteria to select school attendance areas for participation.
5. The services provided in both schoolwide and in targeted assisted schools, and educational services outside of those schools as appropriate (e.g., children living in local institutions or a community day school program).
6. The services provided to homeless children and youth.
7. Effective parent and family engagement strategies used by the district.
8. If applicable, how the district will support, coordinate and integrate services with early childhood education programs including transition to local elementary schools.
9. In consultation with parents, administrators, specialized instructional support personnel, how the district will select the most eligible students in need of services in targeted assisted schools.
10. How the district will implement strategies to facilitate effective transitions of students from middle school to high school, and from high school to post-secondary education.
11. How the district will support efforts to reduce the overuse of discipline practices that remove students from the classroom.
12. If appropriate, how the district supports programs that coordinate and integrate academic and career technical education, including but not limited to, work-based learning opportunities.
13. Any other information on how the district proposes to use funds to meet the purpose of the Title IA program as the district determines appropriate.
  
  TITLE IA SCHOOL PLAN
Each Title IA school in the district shall jointly develop a plan and distribute the plan to parents and family members of participating children that:
1. Describes the convening of an annual meeting to inform parents and family members of their school’s participation in Title IA and explain the requirements of Title IA.
2. Involves parents and family members in the planning, review and improvement of programs under Title IA.
3. Shall provide assistance to parents of students served by the school in understanding such topics as the State’s academic standards and student academic achievement standards, Title IA plan requirements, state and local academic assessments and how to monitor a student’s progress and work with educators to improve the achievement of their student.
4. Shall provide materials and training to help parents work with their student to improve their student’s achievement, such as literacy training and using technology, as appropriate, to foster parental involvement.
5. Shall educate teachers, student services personnel, principals and other staff, with the assistance of parents, in the value and utility of contributions of parents, and in how to reach out to, communicate with and work with parents as equal partners, implement and coordinate parent programs and build ties between parents and the school.
6. Shall, to the extent feasible and appropriate, coordinate and integrate parent involvement programs and activities with other Federal, State and local programs, including public preschool programs and other programs that encourage and support parents in fully participating in the education of their children.
7. Shall ensure, to the extent practicable, that information related to school and parent programs, meetings and other activities is sent to the parents of participating students in a format and language the parents can understand.
8. May involve parents in the development of training of teachers, principals and other educators to improve the effectiveness of such training.
9. May provide necessary literacy training from Title IA funds received if the district has exhausted all other reasonably available sources of funding for such training.
10. May pay reasonable and necessary expenses associated with local parental involvement activities, including transportation and childcare costs, to enable parents to participate in school-related activities, (i.e., meetings and training sessions).
11. May train and support parents to enhance the involvement of other parents.
12. May arrange school meetings at a variety of times or conduct in-home conferences between teachers or other educators in order to maximize parental involvement and participation.
13. May establish a districtwide parent advisory council to provide advice on all matters related to parental involvement in Title IA programs.
14. May develop appropriate roles for community-based organizations and businesses in parent involvement activities.
15. May adopt and implement model approaches to improving parental involvement.
16. Shall provide such other reasonable support for parental involvement activities consistent with Title IA requirements, as parents may request.
SCHOOL‑PARENT COMPACT

A school -parent compact shall be developed for each of the district’s Title IA schools. The compact shall:
1. Describe the school’s responsibility to provide high -quality curriculum and instruction in a supportive and effective learning environment that enables students to meet the State’s academic achievement standards.
2. Describe the ways in which each parent will be responsible for supporting their student’s learning.
3. Address the importance of ongoing communication between teachers and parents through:
  1. Annual parent -teacher conferences at the elementary school level; and
  2. Frequent reporting to parents on their student’s progress.
The district shall provide opportunities for the participation of parents with limited English proficiency, parents with disabilities, parents of homeless students and parents of migratory students, to volunteer and participate in their student’s class and observe classroom activities. Information and school reports, to the extent practicable, will be provided in a language parents and family members can understand.

The district’s policy, plan and compact shall be reviewed annually and updated periodically to meet the changing needs of parents and the schools, and distributed to parents of participating students in an understandable and uniform format and, to the extent practicable, in a language the parents can understand.

END OF POLICY

Legal Reference(s)
ORS 343.650
ORS 343.660
OAR 581-037-0005 to -0025
Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6312, 6318 (2012).
Code: IGBG
Adopted: 3/3/82
Re-adopted: 7130

A chronically ill student or student with disabilities including expectant mothers shall be eligible for home instruction under the following conditions:
1. The student shall be enrolled in one of the Douglas County School District 4 schools;
2. The student’s physical condition is such that the student has been or is expected to be out of school a minimum of 30 consecutive days or for several shorter periods of time because of a long-term illness;
3. The student shall be examined by a physician licensed to practice medicine by the State Board of Examiners of Oregon and a report of the physician’s findings shall be transmitted to the director of special programs to assist in determining eligibility;
4. Home instruction may be provided to expectant mothers immediately upon their absence from school when the physician deems it necessary but shall terminate upon reentry to school or 45 days after birth of the child unless continued upon extenuating circumstances.
  
  The district interprets extenuating circumstances as medical complications resulting from the pregnancy or birth of the child. In this case, to assist the district in determining eligibility, a physician’s statement would be required to substantiate the existence of such a problem.
  
  END OF POLICY
Legal Reference(s)
ORS 336.615 - 336.665
ORS 339.030
OAR 581-021-0071
OAR 581-022-2000
OAR 581-022-2030
OAR 581-022-2505
Code: IGBHD
Adopted: 10/10/90
Readopted: 8/13/97, 8/10/22
Original Code: IGBHD

The Board may excuse students from a state-required program or learning activity for reasons of religion, disability or other reasons deemed appropriate by the district.

An alternative education program for credit may be provided.

The procedures to establish an alternative education program and alternative credit shall be developed by the superintendent.

END OF POLICY

Legal Reference(s)
ORS 336.035 (2)
ORS 336.465
ORS 336.615
ORS 336.625
ORS 336.635
OAR 581-002-0035
OAR 581-021-0009
OAR 581-021-0071
OAR 581-022-2050
OAR 581-022-2110
OAR 581-022-2505
Code: IGBI
Adopted: 8/13/97
Re-adopted: 1/24/18, 8/10/22
Original Code: IGBI

Students whose primary language is other than English will be provided appropriate assistance until they are able to use English in a manner that allows effective, relevant participation in regular classroom instruction and other educational activities.

Parents who are not able to use English in a manner that allows effective, relevant participation in educational planning for their student will be provided with relevant written, verbal or signed communication in a language they can understand.

END OF POLICY

Legal Reference(s)
ORS 336.079
OAR 581-021-0046
OAR 581-022-2310

Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d (2018).
Every Student Succeeds Act of 2015, 20 U.S.C. §§ 6801-7014 (2018).
Code: IGD
Adopted: 8/13/97
Re-adopted: 8/10/22
Original Code: IGD

Cocurricular/Extracurricular activities will be organized, supervised activities conducted under the sponsorship of the district.

Cocurricular/Extracurricular activities are considered to be any activity such as, but not limited to, student government, contests, athletics and clubs. Participants in these activities will be subject to the basic rules pertaining to cocurricular/extracurricular activities and the district’s student code of conduct.

These rules are to be followed and enforced by activity coaches or advisors. Offenses will be handled by district-approved procedures.

Students who represent the school in voluntary activities may be required to conform to dress and grooming standards approved by the superintendent and may be denied the opportunity to participate if those standards are not met.

Activity advisors or coaches who issue any additional rules for individual activities must obtain approval from the superintendent or designee prior to allowing participation.

END OF POLICY

Legal Reference(s)
ORS 332.107
ORS 339.240
ORS 339.250
OAR 581-021-0050 to -0075

Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (1988).
Bethel Sch. Dist. v. Fraser, 478 U.S. 675 (1986).
Havercamp v. Unified Sch. Dist. No. 380, 689 F. Supp. 1055 (D. Kan. 1986)
Westside Cmty. Bd. of Educ. v. Mergens, 496 U.S. 226 (1990).
Equal Access Act, 20 U.S.C. §§ 4071-4074 (2012).
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1683 (2012); Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 34 C.F.R. Part 106 (2017).
Code: IGDA
Adopted: 8/13/97

The district encourages curriculum-related student organizations. District staff will facilitate such organizations and district resources may be used to support them. The district may also support student organizations which are not directly curriculum related.

The principal will develop general guidelines for student organizations. Among other provisions, such guidelines will require the assignment of at least one staff adviser to each student organization.

Voluntary student-organized clubs which are not curriculum-related may meet on school premises during non-instructional time. If the content of such a club’s meetings is religious in nature, school staff may attend only in a non-participatory manner. Staff may be assigned to attend such meetings for custodial purposes only, but will not be compelled to attend a meeting if the content of the speech at the meeting is contrary to that person’s beliefs.

END OF POLICY

Legal Reference(s)
ORS 339.880
ORS 339.885
OAR 581-021-0050
OAR 581-021-0055
Equal Access Act, 20 U.S.C. §§ 4071-4074 (2012).
Lamb’s Chapel v. Center Moriches Unified Sch. Dist., 508 U.S. 384 (1993).
Westside Cmty. Bd. of Educ. v. Mergens, 496 U.S. 226 (1990).
Code: IGDA-AR
Adopted: Unknown
Re-adopted: 8/13/97, 8/10/22
Original Code: IGDA-AR

Roseburg Public School takes great pride in its extracurricular clubs and organizations. Student organizations may be either curriculum-related or voluntary student-initiated clubs that are not curriculum-related.

All members of the school community including staff, administrators and the Board are responsible for the activities that are conducted in the schools. It is important, therefore, to the orderly use of district facilities that the use of all space be approved and planned in advance.

Students may be permitted to hold meetings on district property before or after the regular student school day under the following conditions:

The meeting shall be scheduled in advance following Board policy KG - Community Use of District Facilities;

All meetings must be approved by the principal or designee;

The meeting may be sponsored by school officials, official school clubs or organizations and nonschool organizations.

In addition to the requirements of Board policy, the following restrictions shall apply:

Normal class activities shall not be interrupted;

The meeting shall not incite hazard to person or property;

No group which encourages or advocates the violation of federal laws, state laws or school rules shall be granted use of district facilities;

No speaker who encourages or advocates breaking the law shall be invited to speak.

If a crowd is anticipated, a crowd control plan shall be filed in the building administration office two days in advance of the meeting for final approval.

Students may have the right to gather informally during the regular student school day provided they meet the following criteria:

1. Students gathered informally shall not disrupt the orderly operation of the educational process;

Students gathered informally shall not infringe upon the rights of others to pursue their activities.

Student organizations may be curriculum related or voluntary student-initiated clubs that are not curriculum related.

“Curriculum-related” student organizations must meet one of the following criteria:

1. The group’s subject matter is actually taught (or will soon be taught) in a regularly offered course;

2. The group’s subject matter concerns the body of courses as a whole; or

3. Participation in the group is required for a particular course or results in academic credit.

“Voluntary student-initiated clubs” must:

1. Be voluntary and student initiated;

2. Not be sponsored by the school, the government or its agents or employees;

3. Not materially and substantially interfere with the orderly conduct of the educational activities within the school; and

4. Not be directed, controlled, conducted or regularly attended by “non-school” persons.

Definitions

1. “Non-instructional time” means time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends;

2. “Sponsorship” means an act of promoting, leading or participating in a meeting. The assignment of a teacher, administrator or other school employee to a meeting for custodial purposes does not constitute sponsorship of the meeting.

The Equal Access Act preserves the authority of the school, its agents and employees to maintain order and discipline on district premises, to protect the well-being of students and staff and to assure that their attendance at meetings is voluntary.

Schools may prohibit meetings which would materially and substantially interfere with the orderly conduct of educational activities within the school.

In a “limited open forum” situation, schools may not deny equal access of fair opportunity to, or discriminate against student-initiated clubs on the basis of religious, political, philosophical or other content of the speech at such meetings.

If the meetings are religious, the school may not influence the form of any religious activity.
Code: IGDB
Adopted: 8/13/97
Revised/Readopted: 8/10/22
Original Code: IGDB

District Sponsored

Students’ First Amendment rights to freedom of expression and equal protection of the law will be observed regarding district -sponsored student publications. The observance of these rights must be balanced against the legitimate needs of the educational process.

Some student publications, such as yearbooks and school newspapers, may be educational devices developed as part of the curriculum to benefit primarily those who compile, edit and publish them. Staff advisers will be assigned to guide students engaged in these activities. Any commercial advertisements in such publications will conform to Board policy and administrative regulation.

Students may be required to submit publications for approval prior to distribution. When approval is required, school administrators must make available to students the standards which will be used to determine granting or denying permission to publish. Such guidelines will be specific and will be directed toward ascertaining which publications will cause substantial disruption of district activities or contain libelous or obscene content.

Prior restraints will contain precise criteria which spell out what is prohibited. A definite, brief time limit will be set within which school officials must approve or disapprove distribution. To be valid, these guidelines must prescribe a procedure for appeals from students.

All Publications

It will be the responsibility of local school administrators to develop and circulate reasonable and specific rules setting forth the time, manner and place in which distribution of student publications may occur. Students who become subject to discipline for failure to comply with distribution rules will be granted procedural due process rights.

END OF POLICY

Legal Reference(s)
ORS 332.072
ORS 332.107
ORS 339.880
OAR 581-021-0050
OAR 581-021-0055
Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (1988).
Code: IGDB-AR
Adopted: 8/13/97
Revised/Reviewed: 8/10/22
Original Code: IGDB-AR

Student publications subject to review by school administrators include those which are:
1. School-sponsored (supported by district funds, equipment, etc.);
2. Part of the established curriculum;
3. Of benefit primarily to those who compile, edit and publish them;
4. Not by policy or practice, open for indiscriminate use by the general public or students individually or as a group; or
5. Activities which students, parents and members of the public might reasonably perceive to bear the sanction or approval of the school district.
Student publications will be reviewed by staff advisors and may be reviewed by other district administrators prior to printing and distribution. Materials may be modified or removed from publications for legitimate educational concerns. Such concerns include:
1. The material is or may be defamatory;
2. The material is inappropriate based on the age, grade level and/or maturity of the reading audience;
3. The material is poorly written, inadequately researched or biased or prejudiced;
4. Whether there is an opportunity for a named individual or named individuals to make a response;
5. Whether specific individuals may be identified even though the material does not use or give names; or
6. The material is or may be otherwise generally disruptive to the school environment. Such disruption may occur, for example, if the material uses, advocates or condones the use of profane language or advocates or condones the commission of unlawful acts.
Modifications or removal of items may be appealed in writing to the superintendent. The superintendent shall schedule a meeting within three school days of receiving the written appeal. Those present at the meeting shall include the individual(s) making the appeal, the individual(s) who made the decision to modify or remove materials and the superintendent. At the superintendent’s discretion, the district’s legal counsel may also attend the meeting. The superintendent shall make his/her decision within three school days of the meeting. The superintendent’s decision shall be final and binding on all parties.
Code: IGDF
Adopted: 8/13/97
Revised/Readopted: 8/10/22
Original Code: IGDF

Students, with the permission of the principal and under the direct supervision of their advisors, may carry out fund-raising activities in which no outside fund-raising agency or contract is concerned. Where funds are to be raised through an outside agency or contracted activity, the activity must receive prior approval by the principal.

Activities concerned with fund raising for charitable or other causes not relating to school activities may not be carried on without prior approval of the principal.

A student or staff member may not solicit funds in the name of a school in the district or in the name of the district through the use of internet-based or crowd-funding types of fund raising, without the approval of the superintendent or designee.

Fund-raising projects involving the sale of products must also be approved by the activity sponsor and by the principal, before the activity is initiated. Solicitation of funds is expressly prohibited without the superintendent’s consent.

If fund raising consists of selling food and beverage items to students during the regular or extended school day, the food and beverage items must comply with state and federal nutrition standards, rules and laws. This does not apply to food and beverage items sold at school-related or nonschool-related events for which parents and other adults are a significant part of the audience

END OF POLICY

Legal Reference(s)
ORS 336.423
ORS 339.880
OAR 137-025-0020 to -0530
OAR 581-022-2260(2)

Federal Smart Snacks in School Rules, 7 C.F.R. Part 210.11 (2017).
Fund-Raising Activity Request and Verification
Code: IGDJ
Adopted: 5/12/82
Re-adopted: 8/13/97, 3/2018, 8/10/22
Original Code: IGDJ

The Board recognizes the integral role interscholastic activities play in the character development and general enhancement of the education of its students. Accordingly, administrators, coaches, student participants, and others associated with the district’s high school activities programs and events[1] shall conduct themselves in a manner that is consistent with the letter and spirit of policies, rules, and regulations of the district and of the Oregon School Activities Association (OSAA) and the fundamental values of sportsmanship. Each will be held accountable for their actions.

The district shall allow homeschooled students that reside in the district, students eligible to attend school and enrolled in a district- or ESD-provided General Education Development (GED) program that reside in the district, and students attending a public charter school that reside in the district to participate in available interscholastic activities when the requirements found in Oregon law are met.

Interscholastic activities when provided by the district will comply with Title IX and other nondiscrimination laws.

District employees, students, parents, alumni, and activity volunteers are prohibited from inducing or attempting to induce a student to attend a district school for interscholastic activity eligibility or participation. The principal, activities director, and coaches are each responsible for ensuring student participants meet all district and OSAA eligibility requirements. The principal is responsible for ensuring accurate certification regarding the eligibility of participating students and for verifying that athletic directors, coaches of sports, and activity advisors have all required certifications prior to assuming their duties. The principal shall ensure that a program is in place to effectively evaluate the performance of all coaches and activity advisors under their supervision.

Volunteers may be approved to assist with district activities with prior approval from the principal.

The principal shall investigate all allegations of district student ineligibility, staff recruitment violations or other student or staff conduct that may violate Board policies, administrative regulations, and/or OSAA rules and regulations. The principal shall notify the superintendent of conduct that violates the terms of this policy and report to the OSAA as required.

An employee determined to have violated rules and regulations of the OSAA will be subject to discipline, up to and including, dismissal. A student in violation of the OSAA rules and regulations will be subject to discipline, up to and including, dismissal from an interscholastic activity or program, suspension and/or expulsion from school. Volunteers in violation of the OSAA rules and regulations shall be subject to discipline, up to and including, removal from district programs and activities and such other sanctions as may be deemed appropriate by the district.

Employees, volunteers, or students in violation of OSAA rules and/or regulations may be required to remunerate the district in the event of fines assessed by OSAA as a result of their actions.
The superintendent will develop procedures, as necessary, to implement this policy, including a process to ensure that all district rules governing the conduct of students, staff, and volunteers engaged in district activities are regularly reviewed and updated.

END OF POLICY

1 This applies to only OSAA-sanctioned activities and events.

Legal Reference(s)
ORS 326.051
ORS 332.075 (1)(e)
ORS 332.107
ORS 339.450 - 339.460
OAR 581-015-2255
OAR 581-021-0045 – 0049
OAR 581-022-2308(2)
OAR 581-026-0005
OAR 581-026-0700
OAR 581-026-0705
OAR 581-026-0710

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1683 (2018); Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 34 C.F.R. Part 106 (2022).
Montgomery v. Bd. of Educ., 188 Or. App. 63 (2003).
Senate Bill 1522 (2022).
Code: IGDK
Adopted: 8/13/97; 8/10/22

The district does not sponsor, endorse or financially contribute to the variety of outside-sponsored study and athletic tours/trips/competitions available to students.

The district does not recruit for, or have input into, the selection of programs, many of which are not open to all students. Such tours, trips and competitions are under the sole guidance and control of the sponsoring organizations/groups.

Students who raise funds for their personal participation in such activities may not raise moneys for such travel as a representative of the school. The district or individual school name may not be used unless the communication clearly identifies the sponsor as a group other than the school. Students may not use school supplies, materials or facilities in conjunction with such trips or their related fund raising.

Staff members is discouraged from using their contact with students during work time to advertise or recruit for summer or other holiday travel which involves their supervision of students. Staff will not advise parents regarding selection of such trips or tours for their children. The counseling center may contain pamphlets which will assist parents who have questions about selection of such a tour.

Parents are advised to consider carefully the activities that are available to their children. Parents have an obligation to ensure that patrons of the district do not assume such activities are school sponsored or funded.

END OF POLICY

Legal Reference(s)
ORS 244.040
ORS 332.107
ORS 339.880
OAR 581-021-0045

Davidson v. Or. Gov’t Ethics Comm’n, 300 Or. 415 (1985).
Code: IIA
Adopted: Unknown
Re-adopted: 8/1/97, 1/12/11, 10/22/14, 8/10/22
Original Code: IIA

The Board believes that proper care and judgment should be exercised in selecting basic instructional materials. While the Board retains the authority to approve district instructional materials adoptions, it authorizes the superintendent to develop and implement administrative regulations governing how selections are determined. Such procedures will provide for administrator, staff, parent, student and community involvement and employ suitable selection criteria to ensure that the recommended instructional materials will meet the needs of the program, students, teachers and community.

The district will review instructional materials in accordance with the State Board of Education adoption cycle. Each instructional program and basic instructional materials will be reviewed on a seven-year cycle and recommendations for appropriate instructional materials will be made.

Recommended instructional resources and materials will be free of racial, color, national origin, religious, disability, age, marital status, gender identity, sexual orientation or sexual bias. The instructional materials will contain appropriate readability levels, support the district’s adopted curriculum content, provide ease of teacher use, be attractive and durable and be purchased at a reasonable cost.

The district will establish a process and timeline for regularly determining and considering whether the textbooks and other instructional materials are available through online resources that enable students with print disabilities to receive textbooks and instructional materials free of charge.

All basic instructional materials recommended for adoption need to be approved for use by the Board. Prior to Board approval, parents and interested district patrons will have the opportunity to review the recommended instructional materials and be encouraged to provide opinions about them and their use in the classrooms.

All supplementary materials and library media resources will be selected cooperatively by teachers, principals, librarians and sometimes with the assistance of students and parents. Recommended supplementary materials and library media resources will also be free of racial, color, national origin, religious, disability, age, marital status, gender identity, sexual orientation or sexual bias. The instructional materials will contain appropriate readability levels, support the district’s adopted curriculum content, provide for ease of teacher use, be attractive and durable and be purchased at a reasonable cost.

To be in compliance with the requirements of federal law, the Board directs the superintendent to distribute curriculum materials and instructional supplies to district schools in such a manner that ensures all schools receive equivalent materials.
Any resident or employee may challenge the appropriateness of the district’s instructional materials. The district will provide a procedure to process such challenges.

END OF POLICY

Legal Reference(s)
ORS 336.035
ORS 336.840
ORS 337.120
ORS 337.141
ORS 337.150
ORS 337.260

ORS 337.511
ORS 339.155
OAR 581-011-0050 to 0117
OAR 581-021-0045
OAR 581-021-0046
OAR 581-022-2310
OAR 581-022-2340
OAR 581-022-2350
OAR 581-022-2355

Every Student Succeeds Act, 20 U.S.C. §§ 6311-6322 (2018).
House Bill 3041 (2021).
IIA-AR - Resources/Instructional Materials Complaint Procedure

Code: IIA-AR
Adopted: Unknown
Re-adopted: 8/13/97, 7/17/14
Original Codes: 4120, 4130

There are many differences of opinion about any subject. Such differences of opinion come about with the use of instructional materials in the schools. An orderly procedure which would assure a fair hearing to those who have objections to materials, yet offer protection to the district and its employees from unreasonable demands, is necessary. The process offered by this district is intended to assure that carefully considered judgments are made in response to criticism or objection.
1. All complaints to staff members are to be reported immediately to the principal involved — whether these come by telephone, letter or by personal conference.
2. If the complaint cannot be resolved at the building level, the complainant will be furnished with a standard printed form which is to be filled out before formal consideration is given.
3. Materials subject to complaint will not be removed from use pending committee study and final action by the Board unless removal from circulation is directed by the superintendent.
4. A review committee of seven (7) persons will be formed. The committee will consist of an administrator, two representative classroom teachers, an instructional materials specialist, a Board member and two lay persons from the district. The district will provide a secretary to keep minutes of committee meetings. There will be no press releases until final action is taken by the Board.
  1. The two lay persons and the Board member will be appointed by the Board chair. The administrator, two teachers and instructional materials specialist will be appointed by the superintendent.
  2. The committee will meet immediately and will organize itself and develop its own procedures. The committee will return a written report to the Board and the superintendent within three weeks of the assignment. As required by Oregon law, the committee meetings will be open to the public.
  3. The committee may recommend that the questioned material be:
    1. Retained without restriction;
    2. Retained with specified restrictions;
    3. Not retained.
5. The recommendations of the review committee will be placed on the agenda of the first regular Board meeting following receipt for Board action — whose decision shall be final.
6. The decision of the Board will then be communicated to all persons involved.
Code: IIABB
Adopted: 8/13/97, 8/10/22

The Board recognizes the showing of commercially produced and rated feature films and videos may have a legitimate purpose in a school’s educational program. Since the content of these feature films or videos customarily is designed for general audience viewing, the Board feels certain precautions should be taken to ensure the showing of particular films or videos is consistent with the educational values espoused by the district.

All copyright laws must be followed.

Only films rated G may be shown as part of the school program. The Board directs administrative regulations be developed to accomplish this objective, including the provision that parents or guardians have the opportunity to preview a film when practicably possible and that parents or guardians must give prior consent before their student views a film rated PG, PG-13 or not rated.

Any media materials that are not rated are subject to the approval of the administrator prior to viewing.

END OF POLICY

Legal Reference(s)
ORS 332.107
Code: IIBGA
Adopted: 8/13/97, 8/10/22

The district’s electronic communications system will be used to provide statewide, national and global communications opportunities for staff and students and for the advancement and promotion of teaching and learning.

The superintendent will establish administrative regulations for the use of the district’s electronic communications system including compliance with the following provisions of the Children’s Internet Protection Act:

1. Technology protection measures, installed and in continuous operation, that protect against Internet access by both adults and minors to visual depictions that are obscene, child pornography or, with respect to the use of the computers by minors, harmful to minors;

2. Educating minors about appropriate online behavior, including cyberbullying awareness and response, and how to interact with other individuals on social networking sites and in chat rooms;

3. Monitoring the online activities of minors;

4. Denying access by minors to inappropriate matter on the Internet and World Wide Web;

5. Ensuring the safety and security of minors when using e-mail, social media, chat rooms and other forms of direct electronic communication;

6. Prohibiting unauthorized access, including so-called “hacking” and other unlawful activities by minors online;

7. Prohibiting unauthorized disclosure, use and dissemination of personal information regarding minors; and

8. Installing measures designed to restrict minors’ access to materials harmful to minors.

[1]Administrative regulations developed shall ensure compliance with privacy rights under applicable federal and state laws and regulations, including but not limited to the Age Discrimination in Employment Act of 1967 (ADEA), the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act of 2008 (GINA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Administrative regulations will be consistent with sound guidelines as may be provided by the Oregon Department of Education and/or the Oregon Government Ethics Commission, copyright law, and will include a complaint procedure for reporting violations.

Failure to abide by district policy and administrative regulations governing use of the district’s electronic communications system may result in the suspension and/or revocation of system access. Additionally, student violations may result in discipline up to and including expulsion. Staff violations may result in discipline up to and including dismissal. Violations of law may be reported to law enforcement officials and may result in criminal or civil sanctions. Fees, fines or other charges may also be imposed.

END OF POLICY

1 If the district allows staff to download and store district proprietary information, including personally recognizable information about district students or staff, OSBA recommends including this content and an indicated related item in the model administrative regulation. See #3 on page 2 of model sample administrative regulation IIBGA-AR.

Legal Reference(s)
ORS 167.060 - 167.100
ORS Chapter 192
ORS 260.432
ORS 332.107
ORS 339.250
ORS 339.270
OAR 581-021-0050
OAR 581-021-0055
OAR 584-020-0040
OAR 584-020-0041

Children’s Internet Protection Act, 47 U.S.C.§§ 254(h) and (l) (2018); 47 C.F.R. Section 54.520 (2019). Copyrights, 17, U.S.C. §§ 101-1332 (2018); 19 C.F.R. Part 133 (2020).
Safe and Drug-Free Schools and Communities Act, 20 U.S.C.§§ 7101-7117 (2018).
Drug-Free Workplace Act of 1988, 41 U.S.C.§§ 8101-8107 (2018); 34 C.F.R. Part 84, Subpart F (2020).
Controlled Substances Act, 21 U.S.C.§ 812, Schedules I through V (2018); 21 C.F.R. §§ 1308.11-1308.15 (2020).
Americans with Disabilities Act of 1990, 42 U.S.C.§§ 12101-12213 (2018); 29 C.F.R. Part 1630 (2020); 28 C.F.R. Part 35 (2020).
Family Educational Rights and Privacy Act, 20 U.S.C.§ 1232g (2018); 34 C.F.R. Part 99 (2020).
Every Student Succeeds Act, 20 U.S.C. § 7131 (2018).
Americans with Disabilities Act Amendments Act of 2008, 42 U.S.C. §§ 12101-12133 (2018).
Code: IIBGA-AR1
Adopted: 8/13/97
Re-adopted: 7/2/04, 1/16/13, 8/10/22

Technology access in the district supports and enhances learning and teaching.

Access

Staff will be given access to the district network on school equipment after they have:
1. Attended AUP training.
2. Submitted a signed AUP agreement form.
Supervisory Responsibilities

Staff who wish to have their students use the district technology and the Internet:
1. Must be sure that students are supervised and technology activities are closely monitored.
2. May only permit trained student users to have access.
3. Must take all reasonable precautions to prevent unauthorized student access.
4. Must notify building technology staff or appropriate administrator if a student violates the AUP.
User Responsibilities

Roseburg School District Staff should model appropriate technology use. The Staff should use the network for work-related purposes only.

Staff are expected to be good citizens of the network:
- Always use your own login.
- Notify building or district technology staff if you or your students encounter inappropriate materials or sites.
- Do not click on ads; close all unnecessary message windows.
- Keep passwords private.
- Be aware of potential viruses (keep virus definitions updated if requested).
- Practice printing conservation (Use print preview).
- Protect the privacy of staff and students.
- Observe copyright law.
- Follow all district policies and local, state, and federal laws.
- Using high bandwidth educational applications may cause network slowdowns for the entire building.
- Avoid unnecessary system traffic.
- Log off the network if unable to supervise student use of your computer.
- Shut down computers at the end of the day.
Unacceptable Use of Technology:
- Accessing or viewing obscene, profane or objectionable materials or sites.
- Accessing sites that promote any illegal activity.
- Using the network for financial gain (i.e. auctions, eBay or gambling).
- Accessing recreational sites (i.e. games, social networking sites).
- Personal use during scheduled work time.
- Connecting personal devices to the district network via either wired or wireless means unless prior approval is granted by the District Technology Coordinator.
- Excessive personal surfing.
- Changing network and security settings on school computers.
- Loading software without authorization.
- Downloading music or movies for personal use (no illegal downloads).
- Using district Internet access in lieu of a personal Internet account.
- Trespassing in folders or files other than your own.
- Engaging in practices (opening non-requested or suspicious attachments) that threaten the network.
- Leaving teacher programs accessible to others.
- Using the network to express a personal opinion on any issue unrelated to teaching or the school environment.
Roseburg School District Email Access

Email is the District’s most effective method of communication. All staff are entitled to email accounts. All of the above technology policies apply to the use of email.

User Responsibilities:
- Check email daily and delete unwanted items (i.e. sent, calendar and notes).
- Stay within email space limits on the server.
- Subscribe only to mailing lists that are relevant to professional development.
- Messages sent to “everyone” should be used sparingly for school communications and student welfare related purposes.
- Messages advertising fundraising efforts must be for the school-sponsored or school-related activities and must receive prior authorization from the building principal.
- Follow standard online etiquette.
- Use caution when sending any student or staff information.
- Use caution when forwarding email communication.
Unacceptable Uses of Email:
- Sending or sharing inappropriate information about students or staff.
- Sending or sharing communications of a personal, political or religious nature.
- Sending or sharing communications that express personal opinions on an issue not related to teaching or the school environment.
- Sending or sharing offensive messages or pictures.
- Using obscene language.
- Insulting or harassing others.
- Conducting personal business.
- Using district email in lieu of a personal email account.
- Posting chain letters or frivolous messages.
Users should not expect that e-mail and files stored on district servers will be private. E-mails and files may be opened, monitored and reviewed at any time to ensure that staff members are using the system responsibly and in conformance with this policy. Also, remember that all electronic communications in a school are public domain and therefore could be made available upon a public records request.

The Roseburg School District has attempted to provide a safe network environment. Staff are advised that using the district’s system might provide access to information that contains inaccurate or objectionable material. Accessing information on the Internet is ultimately the responsibility of the user. The district does not condone the use of obscene or other objectionable materials. Such materials are prohibited in the school environment.

Users must acknowledge their understanding of this policy by submitting a signed staff AUP form. Failure to adhere to this policy and its regulations may result in suspension or cancellation of user privileges and may result in disciplinary action up to dismissal. District Due Process procedures will apply.
IIBGA-AR 2 - Acceptable Use Policy - Staff Agreement Form

Code: IIBGA-AR
Adopted: 8/13/97
Re-adopted: 8/01/17, 8/10/22
Code: IIBGA-AR3
Adopted: 8/13/97
Re-adopted: 7/2/04, 5/24/10, 8/10/2022
Orig. Code: IIBGA-AR3

Internet access in the district supports and enhances learning and teaching.

Access

Students will be given access to the district network on school equipment after they have:
1. Attended AUP training at their school.
2. Signed AUP agreement form.
User Responsibilities

Roseburg School District facilities and equipment are to be used in a safe, respectful and reasonable manner. Students should use the network for school-related purposes only. Students are expected to be good citizens of the network:

Be Safe:
- Make good website choices.
- Back out of inappropriate sites and notify an adult.
- Do not click on ads; close all unnecessary message windows.
- Protect accounts and passwords.
- Do not give out personal information about yourself or others.
- A school address or home email address may be used in order to receive school-related information.
Be Respectful:
- Respect the computer files of others.
- Quit all programs and log off. Leave the computer ready for other users.
Be Responsible:
- Use school guidelines for printing.
- Obey copyright law, cite sources and avoid plagiarism.
Unacceptable Use of Technology:
- No personal interest sites without permission. Ask first.
- Accessing recreational sites.
  - No games or game-related web sites.
  - No “real time” sites (i.e. role playing)
  - No social networking sites.
  - No chat sites.
- Typing or viewing offensive language.
- Viewing sites that promote violence or discrimination (i.e. hate group sites).
- Viewing sites that encourage the use of drugs, alcohol, or other controlled substances.
- Accessing sites that promote any illegal activity.
- Viewing pornographic or adult sites.
- Attempting to go to an inappropriate web site, whether it gets blocked or not.
- Using the network for financial gain.
  - No auctions (i.e. eBay).
  - No gambling.
- Using personal email.
  - Emergency exceptions may be permitted. Ask first.
- Downloading without permission. Ask first.
  - Only legal downloads (i.e. PDF files).
- Downloading of music or movies without permission. Ask first.
  - Only for assigned projects.
- Hacking, disrupting, or altering the network.
  - Changing of settings on school computers.
  - Intentionally infecting the network with computer viruses.
- Accessing folders other than your own.
- Printing excessively or irresponsibly.
- Plagiarizing text, images, or sound files found on the Internet.
- Using the network to express personal opinions on any issue not related to learning or the school environment.
- Violating the conditions of the MINIMUM STANDARDS FOR STUDENT CONDUCT AND DISCIPLINE of Roseburg Public Schools.
Users should not expect that files stored on district servers will be private. Files may be opened, monitored and reviewed at any time to ensure that students are using the system responsibly and in conformance with this policy.

The Roseburg School District attempts to provide a safe, filtered network environment. Students and parents are advised that using the district’s system might provide access to information that contains inaccurate or objectionable material. Accessing information on the Internet is ultimately the responsibility of the user. The district does not condone the use of obscene or other objectionable materials; such materials are prohibited in the school environment.

Failure to follow this policy and its regulations could result in suspension or cancellation of user privileges and could result in disciplinary action up to and including expulsion. District Due Process procedures will apply.
IIBGA-AR4 Acceptable Use Policy - School Board Member Agreement

Code: IIBGA-AR4
Adopted: 8/13/97
Re-adopted: 10/13/10, 8/10/22

Name (Please print.)

I have read and agree to follow the Roseburg School District’s Acceptable Use Policy

I hereby hold harmless and agree to indemnify the district from any and all claims and damages of any nature arising from my misuse of District electronic communications systems including, without limitations, the type of damages identified in the district’s policy and administrative regulations.

Signature Date

This space reserved for Network Manager.

Assigned User Name*

*Convention: First initial last name (i.e. John Smith = jsmith@roseburg.k12.or.us)

Assigned Password (5-8 characters)

Form to be filed with the Building Network Manager
Code: IICA
Adopted: Unknown
Re-adopted: 8/13/97, 8/10/22
Original Code: IICA

The district recognizes the value of special activities to the total school program. Further, students need to be allowed to participate in and profit from carefully planned learning experiences which fall outside the normal school program/day.

Field trips and other curricular/cocurricular activities involving travel may be authorized by the superintendent or designee when such trips or activities contribute to the achievement of desirable educational/social/cultural goals.

In planning and authorizing such trips, primary consideration will be given to educational values derived, the safety and welfare of students involved, community standards of conduct and behavior on the part of all participants and the selection of appropriate adult supervision, either from within the school staff or from the parent and community volunteer pool.

Written parental permission must be obtained for each trip. The signed form showing parental approval and acknowledgment of student conduct guidelines will be maintained on file for a period of [one year].

The administration will develop rules to ensure both students and adult supervisors are acquainted with the standards for conduct while representing the district. Such rules will reinforce district policy in areas such as alcohol, tobacco and unlawful drug use, procedure to be used in cases of illness or accident, and methods for communicating with administrators/parents in discipline and emergency situations.

All out-of-state travel must have prior superintendent or designee approval. Such approval is predicated on an acceptable plan for travel arrangements, parental involvement, orientation of students and supervisors and support of the appropriate administrator(s).

END OF POLICY

Legal Reference(s)
ORS 332.107
ORS 336.014
ORS 339.155
ORS 339.240 to -339.250
Code: IICA-AR
Adopted: 10/17/12
Revised/Readopted: 8/10/22
Orig. Code: IICA-AR

After gaining the consent of the building principal, elementary teachers may schedule field trips to approved places within the following guidelines:

Kindergarten through third grade - no overnight stays.

Grades four and five - overnight stays limited to no more than two nights. Any overnight stays require at least two adults in all sleeping quarters to provide chaperone services.

Preference should be given to trips/activities that can be accommodated without overnight stays.

All chaperones must have background checks if they are not current employees of Roseburg Public Schools.

Field trip costs cannot be mandatory payments from families; however a suggested donation amount to offset a portion of the costs may be communicated. No student may be left behind for an inability to pay for school related field trips.

Field trips should generally be limited to direct curricular activities appropriate for the age group, and common core standards related to the trip/activity should be delineated in advance.

Buses should always be the first option for student transportation. Parent transportation should be limited to only that parent’s student whenever possible. Because parents transporting other students have unsupervised access to students, a background check is to be performed. Additionally, the parent’s insurance and driver’s license must be on file with the Business Office prior to transporting students.
Code: IICB
Adopted: 8/13/97

A goal for education is to prepare students to participate constructively in a democratic, pluralistic society, a society in which many differing opinions are held and differing causes are espoused. It is important that students develop an understanding of divergent ideas. It is also important that they develop judgment, a capacity to discern the difference between fact and opinion and to weigh arguments, slogans and appeals. Books, films and other media are valuable for giving students exposure to many differing ideas, but for effective learning it is also useful to invite appropriate persons not on the district educational staff to speak to or to meet with groups of students as part of the educational process.

No overall standard can be established which will automatically exclude, as a resource, the person whose views or manner of presenting them may obstruct the educational process or endanger the health and safety of students or staff. The Board establishes the following guidelines, however, in an effort to uphold students’ freedom to learn while also recognizing obligations which the exercise of freedom entails:
1. The teacher, sponsor and school administrator are expected to exercise judgment and to investigate fully those proposed resource persons about whom questions may arise;
2. The teacher and sponsor should encourage the use of resource persons representing various approaches or points of view on a given topic to afford students a more comprehensive understanding of it;
3. An appropriate record will be made of each resource person used and of that person’s presentation;
4. The ideas presented and the resource person invited to present them will have a demonstrable relation to the curricular or cocurricular activity in which the participating students are involved;
5. The teacher or sponsor responsible for inviting the resource person, or any member of the school administration, has the right and duty to interrupt or suspend proceedings if the conduct of the resource person is judged to be in poor taste or endangering the health and safety of students and staff. Examples of inappropriate conduct include, but are not limited to:
  1. Profanity, vulgarity or lewd comments;
  2. Violation of the district’s Tobacco-Free Environment or Drug-Free Workplace policy(ies);
  3. Discussion inconsistent with district-approved curriculum, goals and/or objectives of the curricular or cocurricular activity.
Legal Reference(s)
ORS 332.107

Equal Access Act, 20 U.S.C. §§ 4071-4074 (2012).
Westside Cmty. Bd. of Educ. v. Mergens, 496 U.S. 226 (1990).
Code: IICC
Adopted: 8/13/97
Re-adopted: 9/8/04, 8/10/22
Original Code: IICC

Citizens who voluntarily contribute their time and talents to the improvement and enrichment of the public schools instructional and other programs are valuable assets. The Board encourages constructive participation of groups and individuals in the school to perform appropriate tasks during and after school hours under the direction and supervision of professional personnel.

Any person authorized by the district for volunteer service into a position having direct, unsupervised contact with students shall undergo an in-state criminal records check.

A volunteer who knowingly makes a false statement, as determined by the district, on a district volunteer application form may be denied the ability to volunteer in the district.

Any electronic communications with students by a volunteer for the district will be appropriate and only when directed by district administration. When communicating with students electronically regarding school-related matters, volunteers shall use district e-mail using mailing lists and/or other internet messaging to a group of students rather than individual students or as directed by district administration. Texting or electronically communicating with a student through contact information gained as a volunteer for the district is discouraged.

Nonexempt employees[1] may be permitted to volunteer to perform services for the district provided the volunteer activities do not involve the same or similar type of services[2] as the employee’s regularly assigned duties. In the event a nonexempt employee volunteers to perform services for the district that are the same or similar as the employee’s regularly assigned duties, the Board recognizes that under the Fair Labor Standards Act (FLSA), overtime or compensatory time must be provided.

The administration is responsible for the recruitment, use, coordination and training of volunteers as deemed appropriate by program supervisors. These assignments will be carried out as directed or delegated by the superintendent. Every effort should be made to use volunteer resources in a manner which will ensure maximum contribution to the welfare and educational growth of students.

END OF POLICY

1 There are three types of FLSA exemptions: those for executive, administrative and professional employees. Generally, employees who are exempt under the executive, administrative or professional exceptions must primarily perform executive, administrative or professional duties at least 50 percent of the employee’s time.
2 Instructional assistant duties are generally viewed to be the same type of service, supervising and instructing students, as coaching.

Legal Reference(s)
ORS Chapter 243
ORS 326.607
ORS 332.107
ORS 339.372
OAR 581-021-0510 - 021-0512
OAR 839-020-0005
Senate Bill 155 (2019)

Fair Labor Standards Act of 1938, 29 U.S.C. §§ 206-207 (2012).
Code: IICC-AR
Adopted: 9/8/04

The district supports the utilization of community volunteers to augment and supplement the districts regular instructional program. Volunteers may be selected subject to the following process.

Recruitment

Finding a volunteer who is suitable to the required task is essential. A positive and proactive recruiting program may involve, but not be limited to:
1. Retired staff;
2. Parents;
3. Site council members;
4. Booster club;
5. Parent-Teacher Association;
6. Advisory committees;
7. Local businesses, corporations, civic clubs and churches.
Qualifications

Volunteers will demonstrate the following personal attributes:
1. A sense of responsibility;
2. Enthusiasm;
3. Good listening skills;
4. Skills commensurate with a specific district need;
5. Ability to follow directions;
6. An understanding of confidentiality requirements.
Screening Training

The amount and type of training the volunteer receives will depend upon his/her past experience, the particular needs of the volunteer and the amount of skill required to do the job. At a minimum training should include:
1. Orientation on the specific skills needed to do the job;
2. Short-term activities, training that will be ongoing and will be provided as needed;
3. Long-term activities, training for activities that occur on a daily basis;
4. Confidentiality requirements;
5. Board policies, administrative regulations, school rules and routines;
6. The role of the volunteer;
7. Volunteers will be informed of the district’s supervisory structure for the volunteer program.
Screening

The process of determining the suitability of a volunteer may include the following:
1. A criminal records check;
2. Completion of an interview designed to match skills with district needs;
3. Submission of letters of reference.
Nonexempt Employee Volunteers

Nonexempt district employees may not volunteer to perform services on behalf of the district unless they are considered “bona fide volunteers.” An employee is a bona fide volunteer if:
1. The employee’s services are offered freely and without pressure or coercion, direct or implied, from the district; and
2. The employee does not engage in the same or similar type of volunteer services as he/she performs in his/her regular job.
As provided by law, nonexempt employees will not be permitted to volunteer to perform their regular work duties or the same type of duties off the clock and without compensation. The requirements of the Fair Labor Standards Act (FLSA) cannot be waived by the employee or the district. Nonexempt employees who volunteer to perform services for the district may be required to complete the district’s Volunteer Agreement form verifying that they are volunteering to perform services and such services are not performed in the course of their regular employment.

Nonexempt Employee Volunteers

I,                                                       , of my own free will, volunteer my time and service to participate as       for      school. My time and service in this volunteer capacity are given without promise, expectation or receipt of any form of compensation, benefits or other remuneration for this service.

I understand and agree that my volunteer participation is not being performed in the course and scope of my regular employment at         school and that my participation in this activity is not in any way required by                 school or the      School District. I further acknowledge and agree that my volunteer services are not closely related to my duties and responsibilities as an employee.

I understand that my participation as a volunteer may be terminated at any time and that I may withdraw from participation at any time for any reason and that my withdrawal will not affect my continued employment with the district.

This agreement will continue in force until terminated.

                                                                                Volunteer Signature



Date

                                                                                Authorized School Official



Date
Code: IJ
Adopted: Unknown
Re-adopted: 8/13/97, 10/11/17, 8/10/22

The district’s coordinated comprehensive school counseling program supports the academic, career, social-emotional, and community involvement development of all students. Each school will have a comprehensive counseling program for students in grades K-12, which will be based on the Oregon Department of Education’s Oregon’s Framework for Comprehensive School Counseling Programs.[1] The district’s program may include a child development specialist program for grades K-8 students and families who reside in the attendance areas of district schools. The district will adopt program goals, which will assist students to:

1. Understand and utilize the educational opportunities and alternatives available to them;

2. Meet academic standards;

3. Establish tentative career and educational goals;

4. Create and maintain an education plan and education portfolio;

5. Demonstrate the ability to utilize personal qualities, education and training, in the world of work;

6. Develop decision-making skills;

7. Obtain information about self;

8. Accept increasing responsibility for their own actions, including the development of self-advocacy skills;

9. Develop skills in interpersonal relations, including the use of effective and receptive communication;

10. Utilize school and community resources;

11. Demonstrate and discuss personal contributions to the larger community; and

12. Know where and how to utilize personal skills in making contributions to the community.

Materials used in the counseling program will be free of content that may discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, age, disability, or marital status, or that which permits or requires different treatment of students on such basis unless such differences cover the same occupation and interest areas and the use of such different material is shown to be essential to the elimination of discrimination.

Consistent with individual rights and the counselor’s obligations as a professional, the counseling relationship and resulting information may be protected as privileged communications by Oregon law.[2]

END OF POLICY

1 Oregon Department of Education - Comprehensive School Counseling

2 See ORS 40.245.

Legal Reference(s)
ORS 40.245
ORS 174.100
ORS 326.565
ORS 326.575
ORS 329.603
ORS 332.107
ORS 336.187
OAR 581-021-0013
OAR 581-021-0046
OAR 581-022-2030
OAR 581-022-2055
OAR 581-022-2060
OAR 581-022-2250

Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (2018); Family Educational Rights and Privacy, 34 C.F.R. Part 99 (2019).
Protection of Pupil Rights, 20 U.S.C. § 1232h (2018); Student Rights in Research, Experimental Programs and Testing, 34 C.F.R. Part 98 (2019).
[House Bill 3041 (2021).]
Code: IJA
Adopted:9/27/17
Re-adopted: 10/11/17

The main purpose of privacy and confidentiality in the school guidance/counselor setting is to offer students a relationship in which they will be able to deal with what concerns them without fear of embarrassment, discipline or retaliation for the disclosure; therefore, it is the professional responsibility of school counselor to:
1. Maintain in strict confidence communications received from a student in a counseling session unless legal requirements demand that confidential communications be disclosed or a breach of confidentiality is required to present serious and foreseeable harm to the student or other individuals.
2. Maintain in strict confidence personally identifiable information about or received from a student unless legal requirements demand that confidential information be disclosed or a breach of confidentiality is required to prevent serious and foreseeable harm to the student or other individuals.
3. Recognize that their primary obligation is to maintain confidentiality with their students but to also balance that obligation with an understanding of parents or guardians’ legal and inherent rights to be a guiding voice in their children’s lives.
4. Explain the limits of confidentiality to students by verbal notification and to parents, school staff and the public through multiple methods such as letters home, student handbooks, school counselor department websites and school counseling brochures.
5. To attempt to obtain informed consent from a student, prior to disclosing confidential information or communications. Informed consent requires competence, voluntariness and knowledge on the part of the student and, therefore, can be difficult to obtain from students of certain developmental levels, English-language learners and special needs populations.
6. Use the most appropriate and least intrusive method to breach confidentiality, if such action is warranted. The child’s developmental age and the circumstances requiring the breach must be considered. If appropriate under the circumstances, students should be engaged in a discussion about the method and timing of any proposed breach of confidentiality.
7. If subpoenaed or volunteering to give testimony in any judicial or administrative hearing, consult with the administration before appearing in order to determine the authority and limits upon the school counselor to disclose confidential communications from a student or personally identifiable information about a student.
8. When the school counselor’s testimony or case notes are subpoenaed, request of the court that disclosure not be required if the release of confidential information is contrary to law or may potentially harm a student or the counseling relationship.
9. Protect the confidentiality of students’ records and release of personally identifiable information in accordance with federal and state laws and school board policies.
10. Recognize the potential for inadvertent disclosure of confidential information in electronic communications and only transmit student information electronically in a way that follows the District’s security standards and meets federal and state laws or regulations.
11. When practical and prudent, convey a student’s highly sensitive information (e.g., a student’s suicidal ideation) through personal contact - not less-secure means such as an electronic message.
A student’s expectation of privacy and confidentiality in a school guidance/counselor relationship must be abridged when there is a clear and present danger to the student or others. In such cases, it is the professional responsibility of each school counselor to:
1. Support student and inform parents or guardians or appropriate authorities when a school counselor develops a concern that a student poses a serious and foreseeable risk of harm to self or others. When feasible, this should be done after careful deliberation and consultation with administrative staff and other appropriate professionals. In most cases, the risk of not giving parents or guardians or appropriate authorities a chance to intervene on behalf of the child or others outweighs the need to preserve confidentiality. Even if the danger appears relatively remote, parents or guardians or appropriate authorities should be notified.
2. Not release a student who, in the professional opinion of the school counselor, poses a danger to self or others until the student has proper and necessary support. If parents or guardians will not provide proper support, the school counselor should report the situation to child protective services.
3. Report to parents or guardians and/or appropriate authorities when a student discloses a previously perpetrated act or presently contemplated act that poses a current threat to their physical or mental well-being or that of others. This threat may include, but is not limited to, physical abuse, sexual abuse, neglect, dating violence, bullying or sexual harassment. The school counselor must follow applicable federal and state laws and school district policy regarding mandatory reporting of all suspected child abuse cases.
4. Provide information to an identified third party who, by his/her relationship with the student, is at a high risk of contracting a communicable disease. Disclosure requires satisfaction of all of the following conditions:
  1. The student identifies the partner or the partner is highly identifiable;
  2. The school counselor advises the student to notify the partner and refrain from further high-risk behavior;
  3. The student refuses;
  4. The school counselor informs the student of the counselor’s intent to notify the partner; and
  5. The school counselor consults with the administration as to the legalities of informing the partner.
5. Use risk assessments with caution. If assessments are recommended by the school counselor to determine the possibility that a student may harm himself or herself or others, then an intervention plan should be developed in conjunction with the assessment. When reporting risk assessment results to parents, guardians or authorities, school counselors and school psychologists should not negate the risk of harm even if the assessment reveals a low risk as students may minimize risk to avoid further scrutiny and/or parental notification. School psychologists should report risk assessment results to parents to underscore the need to act on behalf of a child that the school psychologist believes is at risk for further harm to self or others. Risk assessments should not be used to assure parents or guardians that their child is not at risk, which is something a school counselor or psychologist cannot know with certainty.
Legal Reference(s)
ORS 40.245
ORS 326.565
ORS 326.575
ORS 336.187
OAR 581-022-0606
OAR 581-022-0610
OAR 581-022-1510

Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g; 34 CFR Part 99 (2000).
Protection of Pupil Rights, 20 U.S.C. section 1232h; 34 CFR Part 98 (2000)

Cross Reference(s)
JO - Education Records
JOA – Directory Information
Code: IK
Adopted: 8/13/97
Re-adopted: 2/22/12, 8/10/22
Original Code: IK

The Board believes it is important that teachers have as much accurate knowledge of student achievement as possible to assess students’ needs and growth; thus, a sharing of information among parent, teacher and student is essential.

The district shall ensure that all students have the opportunity to demonstrate progress toward mastery of the knowledge and skills of the student’s current grade level or course content level. Students who have not yet met or who exceed all of the standards at any grade level, will be offered additional services or alternative educational or public school options.

The Board directs staff to follow these guidelines in measuring and determining student progress:

1. Parents will be informed regularly, at least four times a year, of their student’s progress toward achieving the academic content standards, including but not limited to;

a. Information on progress in each subject area to meet or exceed the academic content standards at the student’s current grade level or course content level, including major goals used to determine the information;
b. Specific evidence of student progress toward mastery of a continuum of academic knowledge and skills (academic content standards) of a subject area, upon request from a parent;
c. Student scores on all state and local assessments indicating any of the requirements that have been waived for the district or the individual and time periods for the waiver; and
d. Student progress toward completion of diploma requirements to parents of students in grades 9-12, including credits earned, demonstration of extended application and demonstration of the Essential Skills.

2. Parents will be alerted and conferred with as soon as possible when a student’s performance or attitude becomes unsatisfactory or shows marked or sudden deterioration;

3. Grades and/or portfolio content assessment will be based upon academic performance and will not include student attitude. Grades will not be used for disciplinary purposes. Absenteeism or misconduct shall not be the sole criterion for the reduction of a student’s grade;

4. At comparable levels, the school system will strive for consistency in grading and reporting except when this consistency is inappropriate for certain classes or certain students;

5. When no grades are given but the student is evaluated in terms of progress, the school staff will also provide a realistic appraisal of the student’s standing in relation to his/her peers;

6. The staff will take particular care to explain to students the meaning of marks and symbols used to reflect student performance.

END OF POLICY

Legal Reference(s)
ORS 107.154
ORS 329.485
ORS 343.295
OAR 581-021-0022
OAR 581-022-2260
OAR 581-022-2270
Code: IKA
Adopted: 8/13/97
Re-adopted: 2/22/12, 9/26/12, 8/10/22

The district’s grading system shall be based on Board adopted course content and clearly show the student and parent whether the student is achieving course requirements at the student’s current grade level or course content level; shall be based on the student’s progress toward mastery of a continuum of academic knowledge and skills; and may be based on the student’s progress in a continuum of knowledge and skills that are not academic and that may include student behaviors that are defined by the district. Absenteeism or misconduct shall not be the sole criteria for the reduction of a student’s grades.

Assessment of a student’s progress will be indicated through a letter grade, symbol, or number score following the district’s reporting forms.

At the beginning of the grading period students and parents will be informed regarding the basis of the grades and the methods to be used in determining them.

END OF POLICY

Legal Reference(s)
ORS 329.485
OAR 581-021-0022
OAR 581-022-2270
Code: IKAB
Adopted: 8/13/97
Revised/Readopted: 8/10/22
Original Code: IKAB

Parents shall be regularly and fully informed of their student’s progress toward achieving the academic content standards, including but not limited to:

1. Information on progress in each subject area to meet or exceed the academic content standards of the student’s current grade level or course content level, including major goals used to determine the information;

2. Specific evidence of student progress toward mastery of a continuum of academic knowledge and skills (academic content standards) of a subject area, upon request from a parent;

3. Student scores on all state and local assessments indicating any of the requirements that have been waived for the district or the individual and time periods for the waiver; and

4. Student progress toward completion of diploma requirements to parents of students in grades 9-12, including credits earned, demonstration of extended application and demonstration of the Essential Skills.

The school will report a student’s progress to the student and to his/her parents. The report will be clear, concise and accurate, and will provide a basis of understanding among teachers, parents and students for the benefit of the individual student. The Board directs the administration to develop progress report forms or cards in accordance with this policy.

A non-custodial parent may also receive such information as provided in Board policy GBH/JECAC - Staff/Student/Parent Relations.

In an effort to promote effective communications with individuals with disabilities, the school will provide progress reports in an alternative format upon request and with appropriate advance notice.

Full consideration will be given to the requests of the person with a disability in the selection of appropriate auxiliary aids and services.

END OF POLICY

Legal Reference(s)
ORS 107.154
ORS 339.260
OAR 581-022-1670

Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (2012); Family Educational Rights and Privacy, 34 C.F.R. Part 99 (2017).
Protection of Pupil Rights, 20 U.S.C. § 1232h (2012); Student Rights in Research, Experimental Programs and Testing, 34 C.F.R. Part 98 (2017).
Americans with Disabilities Act Amendments Act of 2008, 42 U.S.C. §§ 12101-12213 (2012); 29 C.F.R. Part 1630 (2017); 28 C.F.R. Part 35 (2017).
Code: IKAC
Adopted: 8/13/97
Re-adopted: 9/10/14, 8/10/22
Original Code: IKAC

The district encourages students to perform at the highest level possible in their course work. Recognizing that some pre-high school age students are able to master existing high school curriculum, it is the policy of the district to allow pre-high school students, who are qualified, to take designated high school classes/courses. High school credit may be granted, if students taking pre-grade 9 if the designated courses have been pre-approved and meet performance criteria that are equivalent to the performance criteria for students taking the same high school classes.

The district will allow the granting of such credit to be used to reduce below the units of credit to be completed in grades 9 through 12 for high school graduation.

END OF POLICY

Legal Reference(s)
OAR 581-022-2000
OAR 581-022-2270
Code: IKAD
Adopted: 8/13/97
Revised/Readopted: 8/10/22
Original Code: IKAD

Grade reduction or credit denial determinations may include student attendance. Student attendance may not be a sole criterion. If attendance is a factor, prior to a grade reduction or credit denial, the following shall occur:
1. The teacher will identify and inform parents and students how the attendance and class participation is related to the instructional goals of the subject or course;
2. The district’s procedures will include due process for the student when the grade is reduced or credit denied for attendance rather than academic reasons;
3. The reasons for nonattendance are considered and the grade is not reduced or credit denied based upon absences due to:
  1. Religious reasons;
  2. A student’s disability; or
  3. An excused absence, as determined by the district’s policy.
END OF POLICY

Legal Reference(s)
ORS 339.280
Code: IKE
Adopted: 8/13/97
Re-adopted: 10/9/13; 8/10/22

Promotion and Retention of Students:

Roseburg Public Schools (The District) recognizes the importance of considering the individual characteristics of each student in determining grade level placement. Ordinarily, students will benefit most by being advanced to the next grade level at the completion of each academic year. Requests to accelerate or retain a student can be made in accordance with the guidelines set out in this policy and the related procedures established by administration.

After considering all input, the decision to accelerate or retain a student shall be made by the school team. The school team will include parent(s), the principal, and the relevant teaching and specialist staff. Parental decisions will be final, but when the parents' decision is not in agreement with the school team's recommendation, parents must sign a "release from responsibility" form to be placed in the student's file.

Acceleration:

Students will normally progress annually from grade to grade. An exception may be made if it is in the best interest of the student. If a member of the school team requests an exception to the normal progression so that a student will "skip" a grade, the school team will consider the request. The team will conduct a thorough review of the student's cumulative record, any testing or records from programs such as TAG, Title I, Special Education and any information submitted by the parent. If the principal believes additional testing is necessary, it will be completed before a decision is made.

Retention:

Any member of the school team can request consideration of retention of a student. Teachers should notify the principal as early in the spring as possible regarding students who may be considered for retention. In addition, an early spring conference should be held with parents (around March 15). A school team will then consider the student's potential retention in light of data regarding the student's educational and social needs. The school team will conduct a thorough review of the student's cumulative record, any testing or records from programs such as TAG, Title I, Special Education, and any information submitted by the parent. If the principal believes additional testing is necessary, it will be completed before a decision is made.

Retention is typically not regarded as an effective educational practice. However, the District feels that lack of academic performance is almost always a result of physical, emotional, social and/or psychological difficulties. Retention should occur only after other options have been examined.

District administration is authorized to implement the necessary forms and procedures pursuant to this policy. In limited cases, the Superintendent (or his/her designee) may approve or deny a student placement request by a member of the school team if there are special circumstances which clearly indicate that the grade level placement is in the best educational interests of the student.

Legal Reference(s)
OAR 581-022-1130
OAR 581-022-1670
IKE-AR - Retention for Students Grades K-8 | Promotion for Students Grades 1-8 form

Code: IKE-AR
Adopted: 8/13/97
Re-adopted: 6/17/10, 2/5/14, 8/10/22

If a parent/guardian or teacher feels it is in the student’s best interest to repeat or be promoted a grade level, assuming the student has been in the Roseburg Public School system during the current school year, the following steps must be taken:
1. Retention or promotion candidates will be referred to the Group Instructional Planning team. Alternative strategies for learning will be considered throughout the year and documented;
2. Teachers of potential retention candidates will have made timely communication with parents regarding student progress throughout the school year;
3. By April 1, parent contact will be made indicating the possibility of retention or promotion;
4. The Group Instructional Planning team will review the information collected on each student, ensure that all necessary information is at hand, and make a tentative determination of the instruments to be used in evaluation as necessary;
5. The evaluation team will conduct further necessary evaluations on identified students in each building;
6. At the conclusion of the evaluation, the evaluation team will review all information on the retention and promotion candidates and share recommendations with the Group Instructional Planning team;
7. A conference with the parents of each student evaluated will be conducted;
8. Parent/Principal endorsement/approval will be secured.
If a parent/guardian is enrolling a student for the first time in Roseburg Public Schools and feels it is in the student’s best interest to repeat or be promoted a grade level when registering, the following steps must be taken:
1. A conference with the parents of each student will be conducted with the parent and principal reviewing student achievement data from the previous school.
2. Retention/Promotion Form is completed and signed.
3. Enrollment in the requested grade level will remain pending until academic information from the previous school or source is obtained.
Code: IKF
Adopted:4/27/16
Re-adopted: 4/11/18

The Board will establish graduation requirements for the awarding of a high school diploma, a modified diploma, an extended diploma and an alternative certificate which meet or exceed state requirements. A student may satisfy graduation requirements in less than four years. The district will award a diploma to a student fulfilling graduation requirements in less than four years if consent is given by the student’s parent or guardian or by the student if they are 18 years of age or older or emancipated.

Diploma

A high school diploma will be awarded to students in grades 9 through 12 who complete a minimum of 24 credits which include at least:
1. Three credits of mathematics (shall include one unit at the Algebra I level and two units that are at a level higher than Algebra I);
2. Four credits of English (shall include the equivalent of one unit in written composition);
3. Three credits of science;
4. Three credits of social sciences (including history, civics, geography and economics (including personal finance));
5. One credit in health education;
6. One credit in physical education; and
7. Three credits in career and technical education, the arts or world language (units shall be earned in any one or a combination).
The district shall offer students credit options provided the method for obtaining such credits is described in the student’s personal education plan and the credit is earned by meeting requirements described in Oregon Administrative Rule (OAR) 581-022-1131.

To receive a diploma or a modified diploma, in addition to credit requirements, as outlined in OAR 581-022-1130 and OAR 581-022-1134, respectively, a student must:
1. Demonstrate proficiency in the Essential Skills of reading, writing and apply math;
2. Develop an education plan and build an education profile;
3. Demonstrate extended application through a collection of evidence;
4. Participate in career-related learning experiences.
Essential Skills

The district will allow English Language Learner (ELL) students to demonstrate proficiency in the Essential Skill of Apply Mathematics, in a variety of settings, in the student’s language of origin for those students who by the end of their 11th grade year are:
1. On track to meet all other graduation requirements; and
2. Unable to demonstrate proficiency in the Essential Skills in English.
The district will allow ELL students to demonstrate proficiency in Essential Skills other than Apply Mathematics, in a variety of settings, in the student’s language of origin for those students who by the end of their 11th grade year:
1. Are on track to meet all other graduation requirements;
2. Are unable to demonstrate proficiency in the Essential Skills in English;
3. Have been enrolled in a U.S. school for five years or less; and
4. Received at least a level 3 (Intermediate) on the English Language Proficiency Assessment (ELPA).
Essential Skills Appeal

The district will follow Board policy KL - Public Complaints in the event of an appeal for the denial of a diploma based on the Essential Skills graduation requirement.

Modified Diploma

A modified diploma will be awarded only to students who have demonstrated the inability to meet the full set of academic standards established by the State Board of Education for a diploma while receiving reasonable modifications and accommodations. A modified diploma may only be awarded to a student who meets the eligibility criteria below:
1. Has a documented history of an inability to maintain grade level achievement due to significant learning and instructional barriers; or
2. Has a documented history of a medical condition that creates a barrier to achievement.
Having met the above eligibility criteria, a modified diploma will be awarded to students, who while in grade nine through completion of high school, complete 24 credits which shall include:
1. Three credits in English;
2. Two credits in mathematics;
3. Two credits in science;
4. Two credits in social sciences;
5. One credit in health;
6. One credit in physical education; and
7. One credit in career technology, the arts or a world language.
In addition to credit requirements as outlined in OAR 581-022-1134, a student must:
1. Develop an education plan and build an education profile;
2. Demonstrate extended application through a collection of evidence.
A student must also demonstrate proficiency in the Essential Skills with reasonable modifications and accommodations.

Districts may make modifications to the assessment for students who seek a modified diploma when the following conditions are met:
1. For a student on an IEP, any modifications to work samples must be consistent with the requirements established in the IEP. Modifications are changes to the achievement level, construct or measured outcome of an assessment. This means that IEP or school teams responsible for approving modifications for a student’s assessment may adjust the administration of the assessment and/or the assessment’s achievement standard;
2. For a student not on an IEP, any modifications to work samples must have been provided to the student during their instruction in the content area to be assessed and in the year in which the student is being assessed, and modifications must be approved by the school team that is responsible for monitoring the student’s progress toward the modified diploma.
Students not on an IEP or a 504 Plan may not receive a modified Smarter Balanced assessment.

A student’s school team shall decide that a student should work toward a modified diploma no earlier than the end of grade six and no later than two years before the student’s anticipated exit from high school.

A student’s school team may decide to revise a modified diploma decision.

A student’s school team may decide that a student who was not previously working toward a modified diploma should work toward one when the student is less than two years from anticipated exit from high school if the documented history has changed.

Beginning in grade five, when a student is taking an alternate assessment, the District shall annually provide the parents or guardians of the student information about the availability and requirements of a modified diploma.

Extended Diploma

An extended diploma will be awarded only to students who have demonstrated the inability to meet the full set of academic content standards for a diploma while receiving modifications and accommodations. To be eligible for an extended diploma, a student must:
1. While in grade nine through completion of high school, complete 12 credits, which may not include more than six credits in a self-contained special education classroom and will include:
  1. Two credits of mathematics;
  2. Two credits of English;
  3. Two credits of science;
  4. Three credits of history, geography, economics or civics;
  5. One credit of health;
  6. One credit of physical education; and
  7. One credit of the arts or a world language.
2. Have a documented history of:
  1. An inability to maintain grade level achievement due to significant learning and instructional barriers; or
  2. A medical condition that creates a barrier to achievement; and
  3. Participating in an alternate assessment no later than grade six and lasting for two or more assessment cycles; or
  4. A change in the student’s ability to participate in grade level activities as a result of a serious illness or injury that occurred after grade eight.
Beginning in grade five, when a student is taking an alternate assessment, the district shall annually provide to the parents or guardians of the student, information about the availability and requirements of an extended diploma.

Alternative Certificates

Alternative certificates will be awarded to students who do not satisfy the requirements for a diploma, a modified diploma or an extended diploma if the students meet minimum credit requirements established by the district. Alternative certificates will be awarded based on individual student needs and achievement. A student who receives a modified diploma, an extended diploma or an alternative certificate will have the option of participating in a high school graduation ceremony with the student’s class.

Beginning in grade five when a student is taking an alternate assessment, the District shall annually provide to the parents or guardians of the student, information about the availability and requirements of an alternative certificate.

Other District Responsibilities

The district will ensure that students have onsite access to the appropriate resources to achieve a diploma, a modified diploma, an extended diploma or an alternative certificate at each high school. The district will provide age appropriate and developmentally appropriate literacy instruction to all students until graduation.

The district may not deny a student, who has the documented history of an inability to maintain grade level achievement due to significant learning and instructional barriers, or of a medical condition that creates a barrier to achievements, the opportunity to pursue a diploma with more stringent requirements than a modified diploma or an extended diploma for the sole reason the student has the documented history.

The district may award a modified diploma or an extended diploma to a student only upon the written consent of the student’s parent or guardian. The district shall receive the written consent during the school year in which the modified diploma or the extended diploma is awarded. A student who is emancipated or has reached the age of 18 at the time the modified diploma or extended diploma is awarded may sign the consent.

A student shall have the opportunity to satisfy the requirements for a modified diploma, an extended diploma or an alternative certificate in either 4 years after starting the ninth grade, or until the student reaches the age of 21, if the student is entitled to a public education until the age of 21 under state or federal law.

A student may satisfy the requirements for a modified diploma, an extended diploma or an alternative certificate in less than four years but not less than three years. In order to satisfy the requirements for a modified diploma, extended diploma or alternative certificate in less than four years, the student’s parent or guardian or a student who is emancipated or has reached the age of 18 must provide written consent which clearly states the parent, guardian or student is waiving the fourth year and/or years until the student reaches the age of 21. A copy of the consent will be forwarded to the district superintendent who will annually report to the Superintendent of Public Instruction the number of such consents.

A student who receives a modified diploma, an extended diploma or an alternative certificate will have the option of participating in a high school graduation ceremony with the student’s class.

A student who receives a modified diploma, an extended diploma or an alternative certificate shall have access to individually designed instructional hours, hours of transition services and hours of other services that equals at least the total number of instructional hours that are required to be provided to students who are attending a public high school, unless reduced by the IEP team.

The district will award to students with disabilities a document certifying successful completion of program requirements. No document issued to students with disabilities educated in full or in part in a special education program shall indicate that the document is issued by such a program. When a student who has an individualized education program (IEP) completes high school, the district will give the student an individualized summary of performance.

Eligible students with disabilities are entitled to a Free Appropriate Public Education (FAPE) until the age of 21, even if they have earned a modified diploma, an extended diploma, an alternative certificate or completion of a General Education Development document. The continuance of services for students with disabilities for a modified diploma, extended diploma or alternative certificate is contingent on the IEP team determining the student’s continued eligibility and special education services are needed.

Students and their parents will be notified of graduation and diploma requirements.

The district may not deny a diploma to a student who has opted out of statewide assessments if the student is able to satisfy all other requirements for the diploma. Students who opt-out will need to meet the Essential Skills graduation requirement using another approved assessment option. Students may opt out of the Smarter Balanced or alternate Oregon Extended Assessment by completing the Oregon Department of Education’s Opt-out Form^[1] and submitting the form to the district.

The district will issue a high school diploma, upon request, to a person who served in the Armed Forces^[2], as specified in Oregon law, if the person was discharged or released under honorable conditions and has received either a General Educational Development, a post-secondary degree or has received a minimum score on the Armed Services Vocational Aptitude Battery.

The district shall establish conduct and discipline consequences for student-initiated test impropriety. “Student-initiated test impropriety” means student conduct that is inconsistent with the Test Administration Manual or accompanying guidance; or results in a score that is invalid.

[1] Oregon or navigate to Teaching & Learning > Assessment > Assessment Schedule and Work Samples

[2] The policy applies to any person who:
1. Served in the Armed Forces of the U.S. at any time during:
  1. World War I;
  2. World War II;
  3. The Korean Conflict; or
  4. The Vietnam War;
2. Served in the Armed Forces of the U.S. and was physically present in:
  1. Operation Urgent Fury (Grenada);
  2. Operation Just Cause (Panama);
  3. Operation Desert Shield/Desert Storm (Persian Gulf War);
  4. Operation Restore Hope (Somalia);
  5. Operation Enduring Freedom (Afghanistan); or
  6. Operation Iraqi Freedom (Iraq);
3. Served in the Armed Forces of the U.S. in an area designated as a combat zone by the President of the U.S.
Legal Reference(s)
ORS 343.295
ORS 339.505
ORS 339.115
ORS 338.115
ORS 332.114
ORS 332.107
ORS 329.451
ORS 329.095
OAR 581-022-1910
OAR 581-022-1350
OAR 581-022-1215
OAR 581-022-1210
OAR 581-022-1135
OAR 581-022-1134
OAR 581-022-1133
OAR 581-022-1131
OAR 581-022-1130
OAR 581-022-0617
OAR 581-022-0605
HB 2655 (2015)

Test Administration Manual, published by the OREGON DEPARTMENT OF EDUCATION (FEBRUARY 4, 2016).
Essential Skills and Local Performance Assessment Manual, published by THE OREGON DEPARTMENT OF EDUCATION (MARCH 17, 2016).

Code: IKF-AR
Adopted: 4/27/16
Re-adopted: 5/9/18

Diploma

A high school diploma will be awarded to students in grades 9 through 12 who complete a minimum of 24 credits according to the following table:

Subject	Graduates of 2014 and beyond
English	4 (shall include the equivalent of one unit in written composition)
Math	3 (shall include one unit at Algebra I level and two units that are at a higher level)
Science	3
Social Studies	3 (including history, civics, geography and economics (including personal finance))
Health	1
PE	1
Career Technical Ed, The Arts or World Language (in any one or combination thereof)	3 (units shall be earned in any one or a combination)
Electives	6
Total credits required to graduate:	24

Essential Skills required:	Read and comprehend a variety of text, write clearly and accurately, apply math, any additional Essential Skills adopted by the State Board of Education.
Essential Skills required:
Other graduation requirements:	Develop an education plan and build an education profile
	Demonstrate extended application through a collection of evidence
	Participate in career-related learning experiences

The district shall offer students credit options provided the method for obtaining such credit is described in the student’s personal education plan and the credit is earned by meeting requirements described in OAR 581-022-1131.

Essential Skills Appeal

The district will follow Board policy KL - Public Complaints in the event of an appeal for the denial of a diploma based on the Essential Skills graduation requirement. The district will retain student work samples and student performance data to ensure that sufficient evidence is available in the event of an appeal.

Modified Diploma

A modified diploma will be awarded only to students who have demonstrated the inability to meet the

full set of academic standards for a high school diploma even with reasonable modifications and accommodations. A modified diploma may only be awarded to a student who meets the eligibility criteria listed below:

Has a documented history of an inability to maintain grade level achievement due to significant learning and instructional barriers; or
Has a documented history of a medical condition that creates a barrier to achievement.

Having met the above eligibility criteria, a modified diploma will be awarded to students who, while in grade nine through completion of high school, complete 24 credits which shall include:

Subject	Modified Diploma Requirements
English	3
Math	2
Science	2
Social Studies	2
Health	1
PE	1
Career Technical Ed, The Arts or World Language	1
Electives	12
Total credits required for modified diploma:	24

Essential Skills required:	Read and comprehend a variety of text, write clearly and accurately, apply math, any additional Essential Skills adopted by the State Board of Education.
Other graduation requirements:	Develop an education plan and build an education profile.
	Demonstrate extended application through a collection of evidence.

Districts may make modifications to the assessment for students who seek a modified diploma when the following conditions are met:

For a student on an IEP, any modifications to work samples must be consistent with the requirements established in the IEP. Modifications are changes to the achievement level, construct or measured outcome of an assessment. This means that IEP or school teams responsible for approving modifications for a student’s assessment may adjust the administration of the assessment and/or the assessment’s achievement standard.
For a student not on an IEP, any modifications to work samples must have been provided to the student during his/her instruction in the content area to be assessed, and in the year in which the student is being assessed, and modifications must be approved by the school team that is responsible for monitoring the student’s progress toward the modified diploma.

Students not on an IEP or a 504 Plan may not receive a modified Smarter Balanced assessment.

A student’s school team shall decide that a student should work toward a modified diploma no earlier than the end of grade six and no later than two years before the student’s anticipated exit from high school.

A student’s school team may decide to revise a modified diploma decision.

A student’s school team may decide that a student who was not previously working towards a modified diploma should work towards one when the student is less than two years from anticipated exit from high school if the documented history has changed.

Beginning in grade five when a student is taking an alternate assessment, the district shall annually provide to the parents or guardians of the student, information about the availability and requirements of a modified diploma.

Extended Diploma

An extended diploma will be awarded only to students who have demonstrated the inability to meet the full set of academic content standards for a diploma while receiving modifications and accommodations. To be eligible for an extended diploma, a student must:

While in grade nine through completion of high school, complete 12 credits, which may not include more than six credits in a self-contained special education classroom and will include:
1. Two credits of mathematics;
2. Two credits of English;
3. Two credits of science;
4. Three credits of history, geography, economics or civics;
5. One credit of health;
6. One credit of physical education;
7. One credit of the arts or a world language.
Have a documented history of:
1. An inability to maintain grade level achievement due to significant learning and instructional barriers; or
2. A medical condition that creates a barrier to achievement; and
3. Participating in an alternate assessment no later than grade six and lasting for two or more assessment cycles; or
4. A change in the student’s ability to participate in grade level activities as a result of a serious illness or injury that occurred after grade eight.

Beginning in grade five when a student is taking an alternate assessment, the district shall annually provide to the parents or guardians of the student, information about the availability and requirements of a modified diploma.

Alternative Certificates

Alternative certificates will be awarded to students who do not satisfy the requirements for a diploma, a modified diploma or an extended diploma if the students meet minimum credit requirements established by the district. Alternative certificates will be awarded based on individual student needs and achievement.

Point values are multiplied by the number of credits for each course and divided by the total number of credits taken during the semester.

In calculating a Grade Point Average (GPA) for a semester class,

an A is worth 4 points,

a B is worth 3 points,

a C is worth 2 points, and

a D is worth 1 point.

No points are rewarded for an F. Pass/ No-pass grades will not be included in the calculation of GPA. Total the points and divide by the number of courses to determine the GPA.

Assessment

Students may opt-out of the Smarter Balanced or alternate Oregon Extended Assessment by completing the Oregon Department of Education’s Opt-out Form^[1] and submitting the form to the district.

Oregon or navigate to Teaching & Learning > Testing - Student Assessment > Smarter Balanced

Code: IKFA
Adopted: 8/13/97
Re-adopted: 9/26/01

A student who wishes to graduate from high school in less time than the ordinary grade 9-12 sequence may request permission to complete graduation requirements on an altered schedule and graduate one or two semesters early. To graduate in less than four years, a student does not have to meet the attendance requirements of Board Policy IKF, but must meet all credit requirements prior to receiving a Roseburg High School diploma. The student and his/her parents/guardians will consult with high school guidance personnel to develop a graduation plan. Their plan for meeting all Board Policy graduation requirements, the graduates purposes for applying for early graduation and their intention to accomplish this plan will be stated in writing to the superintendent or designee.

Legal Reference(s)
ORS 329.465
ORS 339.030
OAR 581-022-0102 (11)(c)
OAR 581-022-1130
OAR 581-022-1210
OAR 581-022-1350
Code: IKFB
Adopted: 8/13/97
Re-adopted: 10/13/10, 2/22/12, 8/10/22
Original Code: IKFB

The Board believes that completion of the requirements for a diploma, a modified diploma, an extended diploma or an alternative certificate from public schools is an achievement that improves the community as well as the individual. The Board wishes to recognize this achievement in a publicly, celebrated graduation exercise.

Accordingly, appropriate graduation programs may be planned by the building principal on the date selected by the Board.

The district’s valedictorian(s), salutatorian(s) or others, at the discretion of the principal or designee, may be permitted to speak as part of the district’s planned graduation program. All speeches will be reviewed and approved in advance by the building principal or designee.

All students in good standing[1] who have successfully completed the requirements for a high school diploma, or qualify to receive or receives a modified diploma, an extended diploma or an alternative certificate, including a student participating in a district-sponsored alternative education program and a student with disabilities receiving a document certifying successful completion of program requirements, shall have the option to participate in graduation exercises.

A student shall be allowed to wear a dress uniform issued to the student by a branch of the U.S. Armed Forces if the student:

1. Qualifies to receive a high school diploma, a modified diploma, an extended diploma or an alternative certificate; and
2. Has completed basic training for, and is an active member of, a branch of the U.S. Armed Forces.

Graduating students will be allowed to wear Native American or other items of cultural significance.

END OF POLICY

1 A student may be denied participation in graduation exercises for conduct that violates board policy, administrative regulation and/or code of conduct provisions.

Legal Reference(s)
ORS 329.451
ORS 332.107
ORS 339.505
ORS 343.295
OAR 581-021-0050
OAR 581-021-0055
OAR 581-021-0060
OAR 581-022-2000
OAR 581-022-2010
OAR 581-022-2015
OAR 581-022-2020
OAR 581-022-2505

31 OR. ATTY. GEN. OP. 428 (1964)
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681-1683 (2018); Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 34 C.F.R. Part 106 (2020).
Kay v. David Douglas Sch. Dist. No. 40,1987); cert. den., 484 U.S. 1032 (1988).
Doe v. Madison Sch. Dist. No. 321, 177 F.3d 789 (9th Cir. 1999).
Lee v. Weisman, 505 U.S. 577 (1992).
Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (1988).
Code: IKH
Adopted: 5/26/10
Re-adopted: 10/14/2015

The district shall grant required and elective credit towards a diploma or a modified diploma, provided the method for accruing such credit is described in the student’s personal education plan, to students who demonstrate defined levels of proficiency or mastery of recognized standards, i.e. knowledge and skills, (e.g., state academic content standards and essential skills, industry-based or other national or international standards) by one or more of the options below.
1. Successfully completing classroom or equivalent work (e.g., supervised independent study, career-related learning experiences, project based learning) that meets Common Curriculum Goals and academic content standards required by Oregon Administrative Rule (OAR) 581-022-1210;
2. Successfully completing classroom or equivalent work, in class or out of class, where hours of instruction may vary;
3. Passing an appropriate exam;
4. Providing a collection of work or other assessment evidence; or
5. Providing documentation of prior learning activities or experiences (e.g., certification of training, letters, diplomas, awards, etc.).
The Board directs the superintendent to develop an administrative regulation that establishes criteria for granting proficiency credit.

Legal Reference(s)
ORS 329.885
ORS 332.107
ORS 336.177
ORS 336.615 - 336.665
OAR 581-022-0102
OAR 581-022-1130
OAR 581-022-1131
OAR 581-022-1140
OAR 581-022-1350
OAR 581-023-0008
Code: IKI
Adopted: 9/28/16
Revised/Readopted: 8/10/22
Original Code: IKI/JFCB

Standards of Academic Honesty

Roseburg Public Schools expects every student to conduct their educational pursuits with the highest degree of honesty, accountability for their own work and respect for the intellectual property of others. It is the responsibility of each student to understand the proper method of using source materials and crediting the work of others. Failure to adhere to the standards of academic honesty will result in appropriate sanctions, as acts of dishonesty destroy the integrity of the educational process for the student and their classmates.

Definitions

The major categories of academic dishonesty are defined as:

Academic Cheating. Academic cheating is any act of academic deception, which includes such things as receiving or communicating information to another student during a test or other assessment; looking at another’s test or assessment during the exam; using notes or obtaining information during a test or assessment when prohibited; obtaining information about the questions or answers for an assessment prior to the administration of the exam; or whatever else is deemed contrary to the rules of fairness with respect to school work or assessment, including special rules developed by the instructor of the course.

Plagiarism. Plagiarism is the representation of someone else’s ideas or words as one’s own without crediting the source. It is the use, whether by paraphrase or direct quotation, of the published or unpublished work of another without full and clear acknowledgment through proper citation format. The submission of an assignment or parts of an assignment written by someone other than the student, including but not limited to, other students, commercial organizations, or electronic sources.

Academic Misrepresentation. Academic misrepresentation occurs when a student has another student or individual substitute for himself or herself during the taking of a test or other assessments.

Academic Collusion. Academic collusion is the sharing of test or other assessment questions or answers with another student without the instructor’s permission. Academic collusion includes copying another student’s homework without the instructor’s permission or allowing another student to copy one’s work. It also includes group collaboration on individual assignments without the instructor’s permission.

Dishonesty in Papers. Dishonesty in papers entails using a writing service or having someone else write a paper for the student. All work submitted for a course must be the student’s own original work unless the sources are cited.

Self-Plagiarism (Work Done for One Course and Submitted in Another). Self-Plagiarism occurs when a student for a class refers to work previously submitted in another class at any Roseburg Public School or any other school in order to fulfill the academic requirements in that class. This includes repeated classes. Slightly altered work that has been resubmitted is also considered to be self-plagiarism. In some instances instructors may allow a certain amount of work from a prior course to be repurposed; students who wish to do this must seek express approval from the instructor in advance.

Other Academic Misconduct. Other academic misconduct includes, but is not limited to, stealing assessments; altering academic tests or assessments, grades or other student records; sabotaging the work of another student; distributing materials for the purpose of cheating; altering, forging, or misusing any Roseburg Public Schools official documents.

Violations of the Academic Honesty policy may result in appropriate discipline up to and including expulsion, subject to the principles for appropriate discipline as set out in Policy JFC.

END OF POLICY

Legal Reference(s):
ORS 332.107
ORS 339.240
ORS 339.250
OAR 581-021-0050 to -0075
Code: IL
Adopted: 8/13/97, 8/10/22

The district’s assessment program shall be designed for the purpose of determining district and school program improvement and individual student needs including the requirements of the Oregon Administrative Rules. Each year the district shall determine each student’s progress toward achieving federal, state and local achievement requirements.

Assessments shall be used to measure the academic content standards and to identify students who meet or exceed the performance standards adopted by the State Board of Education.

Accordingly, the district shall maintain the following assessment program:

1. Criterion-reference assessments, including performance-based assessments, content-based assessments and other valid methods as may be required by state and federal requirements;

2. Individual diagnostic and ability evaluations in all grades when students have been referred and parental permission obtained;

3. Assessments by individual teachers;

4. Other schoolwide and grade levelwide assessments.

It is the intent of the Board that progress be measured in a manner that clearly enables the student and parents to know whether the student is making progress toward meeting or exceeding academic content standards. District, school and individual results shall be reported to the Board, parents and the community, as prescribed by law.

The district shall make additional services or alternative educational or public school options available to any student who has not met or has exceeded all of the state-required academic content standards. Additionally, students in schools receiving Title I moneys that have been identified by the Oregon Department of Education (ODE), will be provided supplemental services and public school options as required by law.

The district shall not discriminate in the methods, practices and materials used for assessment, evaluating and counseling students on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, age, disability or marital status. Discrimination complaints shall be processed in accordance with established procedures.

Staff will receive in-service education in the use of designated assessments and interpretation of assessment results.

A parent on behalf of their student or an adult student may annually opt-out of taking a statewide summative assessment by completing and submitting ODE’s opt-out form[1] to the school. The district shall provide supervised study time for students who are excused from participating in the assessment. A student may be excused from the Oregon Statewide Assessment Program for disability or religious reasons. Parents and adult students will be provided the required notices[2] and access to forms by the district that include a time frame in which statewide assessments will take place, and an adult student’s or parent’s right to request an exemption from taking the statewide summative assessments.

The act of student-initiated test impropriety is prohibited. A student that participates in an act of student-initiated test impropriety will be subject to discipline. “Student-initiated test impropriety” means student conduct that is inconsistent with the Test Administration Manual or accompanying guidance; or results in a score that is invalid.

The superintendent shall ensure a periodic review and evaluation of the district’s assessment program is conducted.

END OF POLICY

Legal Reference(s)
ORS 40.245
ORS 326.565
ORS 326.575
ORS 329.479
ORS 329.485
ORS 336.187
ORS 659.850
OAR 581-021-0009
OAR 581-021-0030
OAR 581-022-2030
OAR 581-022-2060
OAR 581-022-2100
OAR 581-022-2110
OAR 581-022-2115
OAR 581-022-2250
OAR 581-022-2270
OAR 581-022-2310
House Bill 3041 (2021)
Senate Bill 602 (2021)

Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g (2018); Family Educational Rights and Privacy, 34 C.F.R. Part 99 (2021).
Protection of Pupil Rights, 20 U.S.C. § 1232h (2018); Student Rights in Research, Experimental Programs and Testing, 34 C.F.R. Part 98 (2021).
Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1419 (2018).
Every Student Succeeds Act, 20 U.S.C. §§ 6311-6322 (2018).
Code: ILBA
Adopted: 5/12/99

The district believes the annual assessment of student and district progress is a vital component of the instructional process. While it is the district’s intention to include every student in the Oregon Statewide Assessment Program, it is recognized that a few students may need to be exempted from this assessment because of unique educational, physical or emotional backgrounds. In addition, some students may participate in assessments under modified conditions as described in the Oregon Statewide Assessment Administration Manual. Accommodations described in the manual will be considered standard administration procedures for all students.

Legal Reference(s)
ORS 40.245
ORS 326.565
ORS 326.575
ORS 329.485
ORS 336.187
OAR 581-022-0606
OAR 581-022-0610
OAR 581-022-1510
OAR 581-022-1910

Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g; 34 CFR Part 99 (2000).
Protection of Pupil Rights, 20 U.S.C. Section 1232h; 34 CFR Part 98 (2000).
Education of the Handicapped Act of 1975, as amended, 20 U.S.C., Sections 1400-1427, as amended and renamed Individuals with Disabilities Education Act (IDEA), P.L. 101-476, 104 Stat 1103 (1990), as amended P.L. 105-17 (1997). [P.L. 94-142 is a well-known “short” reference to this federal legislation.]
Rehabilitation Act of 1973, 29 U.S.C. Sections 791, 793 and 794.
Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101-12213; 29 CFR Part 1630 (2000); 28 CFR part 35 (2000).
Oregon Statewide Knowledge and Skills Assessments - Administration Manual, Oregon Department of Education (2001).
Oregon Statewide Performance Assessment - Administration Manual, Oregon Department of Education (2001).
Code: ILBA-AR
Adopted: 5/12/99

Responsibility for deciding which students shall be exempted from all or part of the Oregon Statewide Assessment Program or have the assessment processes and procedures modified from standard conditions shall be that of an instructional team with knowledge of the individual student, in consultation with the student’s parent. The team will decide whether to have the student participate under standard conditions, modified test conditions or to exempt the student. A report of numbers and conditions for exemption shall be reported annually to the Board in conjunction with the district’s assessment results.

Parents who object to having their student participate in the statewide assessment for religious or other reasons may have their student excluded from testing.

The district will make every effort to ensure all students absent are given an opportunity to make up any assessments missed and have their results included in the district results.

Special Education Students
1. The individualized education program (IEP) team will determine whether the student can be appropriately assessed with the regular education assessments. The IEP team will include the student’s parents, the building administrator, at least one regular education teacher, at least one special education teacher and the student, where appropriate. Additional members may be included as needed.
2. A statement must be included in the student’s IEP of any individual modifications in the administration of state and district assessments.
3. The following issues will be considered when making a decision to exempt a student from participation in the Oregon Statewide Assessment Program under standard conditions or to modify the testing procedures:
  1. The student’s experience and IEP do not and never have included the Content Standards (e.g., the student’s IEP emphasizes life skills);
  2. The student is enrolled in special education classes for the specific subject matter included in the assessment and the student’s IEP does not include a majority of the Content Standards and benchmark indicators included in the test.
4. If the IEP team determines that the student will not participate in a particular district or state assessment, a statement of why the assessment is not appropriate for the student and how the student will be assessed will be included in the IEP.
5. Students who participate under modified testing conditions will have their tests scored, but will not be included in the district’s results.
Section 504 Students

An instructional team, which will include parents knowledgeable about the student, will make the decision whether the student will participate in the assessment under standard conditions, modified test conditions as found in the Oregon Statewide Assessment Administration manual, or to exempt the student from the assessment. A statement of why the assessment is not appropriate and how the student will be assessed will be included in the student’s Section 504 Accommodations Plan.

ESL/Bilingual Students

A teacher or instructional team should make the decision, in consultation with the student and the student’s parent, whether the student will participate in the assessment under standard conditions, modified conditions or to exempt the student. Each student will be assessed individually.
Code: IM
Adopted: 8/13/97

The district is dedicated to a continuous system of instructional program renewal. This renewal process shall include components of curriculum development, materials selection, program organization, and monitoring as well as selection of appropriate teaching strategies.

The program renewal process shall be consistent with the State Department of Education’s instructional improvement cycle and integral to the district’s school improvement plan process. In addition, program renewal in other instructional areas may occur.

Renewals will follow a planned sequence of steps that will normally extend over a three to five year period.

The steps will include:
1. Develop plan;
2. Collect data on existing program;
3. Review literature, research, trends and preferred practices;
4. Develop program philosophy (position paper) and goals for Board adoption;
5. Develop materials selection criteria;
6. Select basic instructional and supplementary materials;
7. Develop curriculum guide;
8. Plan and schedule staff development;
9. Develop monitoring plan;
10. Implementation;
11. Evaluate student achievement;
12. Assess results.
Periodically, the superintendent will report progress of the instructional program renewal to the Board for review and/or adoption. The Board will adopt each program position paper and goals.

Legal Reference(s)
ORS 329.095
ORS 329.155
OAR 581-022-0606
OAR 581-022-1020
OAR 581-022-1130
OAR 581-022-1210
OAR 581-022-1340
Code: INB
Adopted: Unknown
Re-adopted: 8/13/97, 8/10/22
Original Code: INB

The Board supports the inclusion of controversial issues as part of students’ education. The presentation and discussion of controversial issues will be informative. The development of ability to meet issues without prejudice and to withhold judgments while facts are being collected, assembled and weighed and to see relationships before drawing inferences or conclusions are among the most valuable outcomes of a free educational system.

The teacher is the most important member of the staff in the actual handling of controversial issues. The role of the teacher should be to serve as an impartial moderator and shall not attempt, either directly or indirectly, to indoctrinate, limit or control the judgment of his/her students. It is the intent of this policy that the teacher shall foster the study of such issues rather than teach a particular viewpoint in regard to them. However, every effort shall be made by the teacher to inculcate an appreciation as well as a complete understanding of the American heritage and our system of democratic government.

Students should be taught to:

1. Find, collect and assemble factual material on the subject;
2. Interpret the data without prejudice;
3. Reconsider assumptions and claims and to reach their own conclusions.

By refraining from expressing personal views before and during the period of research and study, the teacher will encourage students to search after truth and to think for themselves.

Before beginning a class in the study of an obviously controversial topic, a teacher will discuss with the principal:

1. Its appropriateness to the course;
2. Its appropriateness for the students’ maturity level;
3. The approach to instruction;
4. The instructional materials to be used.

END OF POLICY

Legal Reference(s)
ORS 336.067
OAR 581-021-0009

U.S. CONST. amend. I.
OR. CONST., art. I.
Code: INDB
Adopted: 12/9/09
Re-adopted: 4/9/14, 2/24/16, 8/10/22
Original Code: INDB

A United States (U.S.) flag and an Oregon State flag shall be displayed on or near each school building under the control of the Board or used by the district, during school hours, except in unsuitable weather and at any other time the Board deems proper.

A National League of Families’ POW/MIA flag of appropriate size shall be displayed on or near each school building when required by state law[1] and in the same manner as a U.S. and Oregon State flag.

The district shall obtain and display a U.S. flag of an appropriate size for each classroom.

Students shall receive instruction in respect for the national flag and be provided an opportunity to salute the U.S. flag at least once each week during the school year by reciting The Pledge of Allegiance.

A flag salute may be implemented at assemblies, before or after school, at lunch, special events, home room class, athletic contests or at other times deemed appropriate by the principal. Individual staff members and students who do not participate in the salute must maintain a respectful silence during the salute.

Upon request from an Oregon Sovereign tribal government, a flag representing the sovereign tribal government must be displayed on, near, or within a school building during school hours. The location of the flag will be determined by the district in consultation with the requesting sovereign tribal government.

END OF POLICY

1 The National League of Families’ POW/MIA flag must only be displayed on or near buildings that have existing flagpoles or other infrastructure installed to properly display the U.S., Oregon State, and National League of Families’ POW/MIA flags simultaneously. However, all district buildings on or near where it is customary and suitable to display the U.S. flag that are newly constructed on or after January 1, 2018 shall include sufficient infrastructure to properly display the U.S. flag, Oregon State flag, and National League of Families’ POW/MIA flag simultaneously.

Legal Reference(s)
ORS 186.110
ORS 332.107
ORS 336.067
ORS 339.875
OAR 581-021-0043

W. Va. St. Bd. Of Educ. V. Barnette, 319 U. S. 624 (1943).
Code: ING
Adopted: 5/12/10
Revised/Readopted: 12/12/18, 8/10/22
Original Code: ING

Only service animals¹serving persons with a disability and animals approved by the superintendent or designee that are part of an approved district curriculum or cocurricular activity are allowed in district facilities.

Approved animals must be adequately cared for and appropriately secured. Only the teacher or students designated by the teacher are to handle the animals.

If animals are to be kept in the classroom on days when classes are not in session, arrangements must be made for their care.

Animals, except those service animals serving persons with a disability, may not be transported on a school bus.

END OF POLICY

[1] The American with Disabilities Act definition of “service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Companion and comfort animals are not considered service animals. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition. The law and its regulations also make an allowance for miniature horses.

Legal Reference(s)
ORS 332.107
ORS 659A.400
OAR 581-053-0010
OAR 581-053-0230(9)(j)
OAR 581-053-0330(1)(q)
OAR 581-053-0430(16)
OAR 581-053-0531(15)

Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (2012); 28 CFR §§ 35.104, 35.136 (2017).
Americans with Disabilities Act Amendments Act of 2008.
Code: INH
Adopted: 8/13/97

The district is committed to protecting instructional time. Therefore, class interruptions of any kind will be kept to a minimum.

Students disrupting classes will be subject to disciplinary action.

Legal Reference(s)
ORS 339.250
OAR 581-021-0050
ING-AR-Animals-in-District-Facilities

Code: ING-AR
Revised/Reviewed: 8/10/22

If the animal is a service animal[1], please answer the following questions:
1. Is the service animal required due to a disability?

2. What work or task has the service animal been trained to perform[2]?

If an animal is not a service animal, the district staff may request emergency contact information.

1 The American with Disabilities Act definition of “service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Companion and comfort animals are not considered service animals. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. The law and its regulations also make an allowance for miniature horses.
2 The district may request this information if the nature of the work or task the assistance animal is trained, or is being trained to do or perform, is not readily apparent.

Business Operations

Nutrition Services

Teaching & Learning

Policies

Enrollment and Registration

Section I - Instruction

Section I - Instruction

IB - Freedom of Expression

IBDJA - Relations with Homeschooled Students**

IC/ICA - School Year/School Calendar **

IF - Curriculum Development

IFCA - 21st Century Schools Council**

IGAC -Religion and Schools

IGAC-AR - Recognition of Religious Beliefs and Customs

Religion in the Curriculum

Traditional Observances

IGAEB - Drug, Alcohol and Tobacco Prevention, Health Education**

IGAJ - Traffic Safety Education

IGAJ-AR - Driver Education

IGBA - Students with Disabilities - Child Identification Procedures

IGBA-AR - Child Identification Procedures

IGBAB/JO - Education Records/Records of Students with Disabilities

IGBAB/JO-AR - Education Records/ Records of Students with Disabilities Management

IGBAC - Special Education - Personnel Development

IGBAE - Special Education - Participation in Regular Education Programs

IGBAE-AR - Special Education - Participation in Regular Education Programs

IGBAF - Special Education - Individual Education Program (IEP)**

IGBAF-AR - Special Education - Individual Education Program (IEP)**

IGBAG - Special Education - Procedural Safeguards **

IGBAG-AR - Special Education - Procedural Safeguards**

IGBAH - Special Education - Evaluation Procedures**

IGBAH-AR - Special Education - Evaluation Procedures**

IGBAI - Special Education - Private Schools

IGBAI-AR - Special Education - Private Schools**

IGBAJ - Special Education - Free Appropriate Public Education (FAPE)

IGBAJ-AR - Special Education - Free Appropriate Public Education

IGBAK - Special Education - Public Availability of State Application

IGBAL - Special Education - Services for Home-Schooled Students with Disabilities

IGBAL-AR - Special Education - Services for Home-schooled Students with Disabilities**

IGBB - Talented and Gifted Program

IGBBA - Talented and Gifted Students - Identification**

IGBBA-AR - Appeal Procedure for Talented and Gifted Student Identification and Placement**

IGBBC - Talented and Gifted - Programs and Services**

IGBC - Title I/Parental Involvement

IGBG - Homebound Instruction

IGBHD - Program Exemptions

IGBI - Bilingual Education**

IGD - Cocurricular/Extracurricular Activities**

IGDA - Student Organizations

IGDA-AR - Student Organizations

Definitions

IGDB - Student Publications (Grades K-8 only)

IGDB-AR - Student Publications (Grades K-8 only)

IGDF - Student Fund-Raising Activities

IGDF-AR - Fund-Raising Activity Request and Verification

IGDJ - Interscholastic Athletics

IGDK - Nonschool Sponsored Study and Athletic Tours/Trips/Competitions

IIA - Instructional Resources/Instructional Materials

IIA-AR - Resources/Instructional Materials Complaint Procedure

IIABB - Use of Feature Films, Videos or Other Media**

IIBGA - Electronic Communications Systems

IIBGA-AR - Roseburg School District Technology Access - Staff Acceptable Use Policy (AUP)

IIBGA-AR 2 - Roseburg School District Technology Access - Acceptable Use Policy - Staff Agreement

IIBGA-AR 3 - Roseburg School District Technology Access - Student Acceptable Use Policy (AUP)

IIBGA-AR 4 - Roseburg School District Technology Access - Acceptable Use Policy - School Board Member Agreement

IICA - Field Trips and Special Events

IICA-AR - Field Trip Guidelines for Elementary Students

IICB - Community Resource Persons

IICC - Volunteers

IICC-AR - Volunteers

IJ - School Counseling Program

IJA - Confidentiality in Counseling/Disclosure of Confidential Student Information**

IK - Academic Achievement**

IKA - Grading System

IKAB - Student Progress Reports to Parents**

IKAC - High School Classes/Courses for Pre-High School Students

IKAD - Grade Reduction/Credit Denial

IKE - Promotion and Retention of Students (Grades K-8)**

IKE-AR - Retention for Students Grades K-8 | Promotion for Students Grades 1-8

IKF - Graduation Requirements