JEA - Compulsory Attendance**

Code: JEA
Adopted: 8/13/97
Re-adopted: 12/11/13, 5/23/18
 

Except when exempt by Oregon law, all students between ages 6 and 18 who have not completed the 12th grade are required to regularly attend a public full time school during the entire school term.

All students five years of age who have been enrolled in a public school are required to attend regularly while enrolled in the public school.

Persons having legal control of a student between the ages 6 and 18, who has not completed the 12th grade, are required to have the student attend and maintain the child in regular attendance during the  school term.  Persons having legal control of a student who is five years of age and has enrolled the child in a public school, are required to have the student attend and maintain the child in regular attendance during the school year.

Under the superintendent’s direction and supervision, attendance supervisors shall monitor and report any violation of the compulsory attendance law to the superintendent or designee.  Failure to send a student and to maintain a student in regular attendance is a Class C violation.

The district will develop procedures for issuing a citation.  

A parent or guardian who is not supervising their student by requiring school attendance may also be in violation of Oregon Revised Statute (ORS) 163.577 (1)(c). Failing to supervise a child is a Class A violation.

In addition, under policy JHFDA: Suspension of Driving Privileges, the district may report students with 10 consecutive days un-excused absence or 15 cumulative days un-excused absences in a single semester to the Oregon Department of Transportation.

Exemptions from Compulsory School Attendance 

In the following cases, students shall not be required to attend public schools full time:

  1. Students being taught in a private or parochial school in courses of study usually taught in Kindergarten through grade 12 in the public schools and in attendance for a period equivalent to that required of students attending public schools;
  2. Students proving to the Board’s satisfaction that they have acquired equivalent knowledge to that acquired in the courses of study taught in kindergarten through grade 12 in the public schools;
  3. Students being taught by a private teacher the courses of study usually taught in kindergarten through grade 12 in the public school for a period equivalent to that required of students attending public schools;
  4. Students being educated in the home by a parent:
    1. When a student is taught or is withdrawn from a public school to be taught by a parent or private teacher, the parent or teacher must notify the Douglas Education Service District (ESD) in writing within 10 days of such occurrence. In addition, when a home-schooled student moves to a new ESD, the parent shall notify the new ESD in writing, within 10 days, of the intent to continue home schooling.  The ESD superintendent shall acknowledge receipt of any notification in writing within 90 days of receipt of the notification. The ESD is to notify, at least annually, school districts of home-schooled students who reside in their district;
    2. Each student being taught by a parent or private teacher shall be examined no later than August 15, following grades 3, 5, 8 and 10:
      1. If the student was withdrawn from public school, the first examination shall be administered at least 18 months after the date the student withdrew;
      2. If the student never attended public or private school, the first examination shall be administered prior to the end of grade 3;
      3. Procedures for home-schooled students with disabilities are set out in Oregon Administrative Rule (OAR) 581-021-0029.
    3. Examinations testing each student shall be from the list of approved examinations from the   State Board of Education;
    4. The examination must be administered by a neutral individual qualified to administer tests on the approved list provided by the Oregon Department of Education;
    5. The person administering the examination shall score the examination and report the results to the parent. Upon request of the ESD superintendent, the parent shall submit the results of the examination to the ESD;
    6.  All costs for the test instrument, administration and scoring are the responsibility of the parent;
    7. In the event the ESD superintendent finds that the student is not showing satisfactory educational progress, the ESD superintendent shall provide the parent with a written statement of the reasons for the finding, based on the test results and shall follow the guidelines in Oregon Revised Statutes and Oregon Administrative Rules.
  5. Students excluded from attendance as provided by law;
  6. An exemption may be granted to the parent of any student 16 or 17 years of age who is lawfully employed full time, lawfully employed part-time and enrolled in school, a community college or other state registered alternative education program as defined in ORS 336.615.
  7. An exemption may be granted to any child who is an emancipated minor or who has initiated the procedure for emancipation under ORS 419B.550 to 419B.558.

Legal Reference(s)

ORS 163.577
ORS 336.615 - 336.665
ORS 339.010 - 339.090
ORS 339.095         
ORS 339.990
ORS 419B.550 to -419B.558
ORS 807.065 
ORS 807.066
OAR 581-021-0026
OAR 581-021-0029
OAR 581-021-0071
OAR 581-021-0077