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LBEA - Resident Student Denial for Virtual Charter School Attendance 

Code: LBEA
Adopted: 5/27/15
 
(This policy is required if the district plans to deny a student the right to attend a virtual public charter school.)
 
The district will annually, by December[1], calculate the percentage of the number of students residing in the district, who are enrolled in any virtual public charter schools not sponsored by the district.  When the established percentage of all virtual charter enrollments combined is more than three percent, the district will not approve additional students enrollment to a virtual public charter school, subject to the requirements in Oregon Administrative Rule (OAR) 581-026-0305 (2).

The district may send a notice of approval or disapproval to a parent[2] of a student who has sent a notice to the district of intent to enroll the student in a virtual public charter school not sponsored by the district (See OAR 581-026-0305 (3)).

The district is only required to use data that is reasonably available to the district, including but not limited to the following for such calculation:

  1. The number of students residing in the district enrolled in the schools within the district;
  2. The number of students residing in the district enrolled in public charter schools located in the district;
  3. The number of students residing in the district enrolled in virtual public charter schools;
  4. The number of home-schooled students who reside in the district and who have registered with the educational service district; and
  5. The number of students who reside in the district enrolled in private schools located within the school   district.

A parent may appeal a decision of a district to not approve a student enrollment to a virtual public charter school to the State Board of Education under OAR 581-026-0310.

 

[1] Per OAR 581-026-0305 (7)(a) the district must choose annual, semi-annual or other date used for calculation; dates are provided as a recommendation only.

[2] “Parent” means parent, legal guardian or person in “parental relationship” as defined in Oregon Revised Statute (ORS) 339.133.

Legal Reference(s)

ORS 338.125
OAR 581-026-0305
OAR 581-026
OAR 581-026-0310
OAR 581-022-1940 (1)(b)