Or. Admin. Code § 413-105-0030

Current through Register Vol. 63, No. 10, October 1, 2024

Section 413-105-0030 - Ensure a Child or Young Adult's Enrollment in School or Educational Setting

(1) A child or young adult in substitute care is required to be enrolled in school pursuant to ORS 339.010 and 339.020 unless:

(a) A child or young adult has achieved high school graduation; or

(b) An exemption from ORS 339.030 applies.

(2) Responsibility for school or educational setting placement decisions.

(a) A child or young adult who is between the ages of 4 and 21 who is placed in foster care must be considered a resident of:

(A) The school district of origin; or

(B) The school district where the child or young adult resides due to placement by the Department, if a juvenile court determines that it is not in the best interests of the child or young adult to continue to attend the school or school district of origin.

(b) A child who is between the ages of 4 and 18 who is placed on a voluntarily placement agreement, in substitute care and for whom the child's parent or guardian retains legal guardianship, must be considered a resident of the school district in which the child's parent or guardian resides if:

(A) The child's school preference is taken into consideration;

(B) There is a plan for the child to return home;

(C) The voluntary placement is within 20 miles by the nearest traveled road from the school the child attended prior to the voluntary placement, unless there are physiographic conditions that make transportation to the school not feasible; and

(D) The child's parent or guardian and the school staff from the school the child attended prior to the voluntary placement can demonstrate that it is in the best interest of the child to continue to attend the school the child attended prior to the voluntary placement. The best interest of the child may be demonstrated by factors, including but not limited to the following:

(i) The child's siblings attend the school;

(ii) A change in the child's routine would be detrimental to the child; or

(iii) The child has developed and maintained a network of personal contacts, support services and friends and a sense of community within the school

(c) If the child or young adult remains a resident of the child or young adult's school district of origin, the child or young adult continues to attend the school of origin, unless:

(A) The child or young adult's school of origin or school district of origin places the child or young adult in a different school or educational setting;

(B) The IEP team decides the child or young adult should attend a different school or educational setting; or

(C) Educational rights have transferred to the young adult as outlined in subsection (2)(e) of this rule, and the young adult wishes to and is able to enroll in a different school or educational setting without changing the school district of origin.

(d) If a juvenile court makes a determination that it is not in the best interests of the child or young adult to remain in the school of origin or school district of origin, the Department must ensure that the child or young adult is immediately enrolled in a different school, even if the child or young adult is unable to produce the records normally required for enrollment, pursuant to ORS 339.133.

(e) The young adult makes the decision regarding educational services and school placement when educational rights have been passed to the young adult.

(f) When a child is in the care of the Department under a Voluntary Placement Agreement, the parent or legal guardian retains legal authority over the child and continues to be responsible to exercise and perform all parental duties and legal responsibilities except those that the parent or legal guardian specifically delegates to the Department by the signed agreement. When the child is in substitute care, decisions by the parent or legal guardian regarding the child's school or educational setting placement are subject to the requirements in subsections (2)(a) to (2)(d) of this rule.

(3) Decisions by the Department regarding the school or educational setting placement of a child or young adult are subject to section (2) of this rule and all the following requirements:

(a) A caseworker must consider recommendations from the child or young adult, the child or young adult's parents or legal guardian, Tribes; attorney, CASA, school, substitute caregiver, and surrogate parent, if one has been appointed, in making the decision on school enrollment.

(b) When appropriate, the caseworker may seek a finding from the juvenile court that it is not in the best interest of the child or young adult to continue attending the school of origin or any other school in the school district of origin and ensure the child is enrolled in a new school.

(c) When one of the criteria in paragraph (2)(c)(A) to (B) is met, the caseworker may ensure that a child or young adult is enrolled in a new school without a juvenile court finding.

(d) The caseworker must ensure that enrollment in the school or program would be consistent with the child or young adult's permanency plan.

(4) Additional responsibilities when a private school, charter school, alternative school, or international study program is considered.

(a) Private School. Subject to the requirements of section (2) of this rule, when considering the enrollment of the child or young adult in a private school, in addition to the requirements of section (3) of this rule,the caseworker must:

(A) Verify that an entity or person other than the Department will pay all costs except those approved under OAR 413-105-0070 or when a child or young adult requires placement in a residential treatment program;

(B) Consider the religious affiliation of the child or young adult and the parent or legal guardian when considering enrollment in a religiously-affiliated private school; and

(C) If the child is not a resident of the school district where the school is located, determine if the child or young adult can enroll in the school and, if not, seek a determination from the juvenile court under subsection (3)(c) of this rule.

(b) Charter school, virtual charter school or alternative school. Subject to the requirements of section (2) and subsection (3)(a) of this rule, when considering the enrollment of a child or young adult in a charter school, virtual charter school or alternative school, the caseworker must comply with all the following:

(A) Verify that the school is approved by the local school district board or the Oregon Department of Education.

(B) Determine the requirements for the child or young adult to be enrolled in the school and ensure all appropriate consents are obtained. If the child or young adult's residence must change to the school district where the child or young adult resides due to placement by the Department to attend the charter school or alternative school, seek a determination from the juvenile court under subsection (3)(c) of this rule.

(C) If the charter school is a virtual public charter school, the Department must ensure that at least 14 days prior to enrollment, the school district where the child or young adult has residency, pursuant to ORS 339.133, receives notice of intent to enroll the child in the virtual public charter school.

(D) The child or young adult must not be enrolled until the charter or alternative school receives evidence that the appropriate school districts were notified.

(c) Online schools not accredited in Oregon. For a child or young adult to attend a virtual or online school not accredited in Oregon, the caseworker must:

(A) Comply with subsection (3)(a) of this rule;

(B) Consult with the Department Education Program Coordinator; and

(C) Seek approval from the juvenile court.

(d) International study program. When considering enrolling a child or young adult in an international study program, the caseworker must:

(A) Verify that the international study program is accredited;

(B) Comply with subsection (3)(a) of this rule;

(C) Obtain approval from the Child Welfare program manager, the District Manager, the Diversity and International Affairs Manager; and

(D) Obtain approval of the juvenile court.

(5) Additional responsibilities when considering a GED program. Subject to the requirements of section (3) of this rule, when considering a GED program for the child or young adult, whether the program is held at a public school or at a location other than a public school, the caseworker must:

(a) Determine that obtaining a GED is appropriate for the child or young adult's needs;

(b) Verify the child or young adult meets the requirements of the Oregon Department of Education's GED Option Program;

(c) Obtain school district approval when child is under age 18; and

(d) If the child must become a resident of the school district where the child lives to participate in the selected GED program, seek a determination from the juvenile court under paragraph 3(b) of this rule.

(6) Additional responsibilities when considering home schooling. Except when subsections (2)(e) and (f) of this rule apply, when considering home schooling for the child or young adult in the substitute caregiver's home, the caseworker must:

(a) Determine that a home schooling environment would not interfere with the child or young adult's social development;

(b) Determine that home schooling would promote inclusion in the substitute caregiver's home;

(c) Consider whether the child participating in an organized extracurricular activity would be appropriate for the child;

(d) Verify that the child or young adult has a controlled, organized and structured school setting or learning environment;

(e) If applicable, verify the parent or legal guardian has provided written consent for the substitute caregiver to act as a private teacher for the child or young adult;

(f) If applicable, verify the substitute caregiver meets the Oregon Department of Education's requirements to be a private teacher pursuant to ORS 339.035;

(g) Verify the foster parent or relative caregiver has provided written notification to the education service district of intent to provide home schooling within 10 days of the child being taught or being withdrawn from a public or private school, pursuant to OAR 581-021-0026;

(h) Verify that state standardized testing required by the Education Service District has been completed;

(i) Comply with subsection (3)(a) of this rule;

(j) Obtain the approval of the Child Welfare program manager; and

(k) Obtain the approval of the juvenile court.

(7) If a child is placed in foster care before the age of four, the child is a resident of the school district where the child resides. If the child's foster care placement changes when the child is four years of age or older, subsection (2)(a) of this rule applies.

(8) Transportation to school. After the school or educational setting and location has been determined, the caseworker must work with the substitute caregiver or school district to organize transportation for the child or young adult to and from the school or educational location. Transportation for a child whose parent or guardian voluntarily placed the child outside the child's home with a public or private agency and who is living in a licensed, certified or approved substitute care program is the responsibility of the child's resident school district, as determined under subsection (1) or (2) of this section.

(9) Once a school or educational setting has been selected for a child or young adult, the caseworker must notify the school district foster care point of contact that the child or young adult is in the legal custody of the Department and may provide information about the reason the child or young adult is in foster care to the staff of the school or educational setting only when providing such information to a particular staff person is necessary for the child or young adult's education planning or to ensure the safety of the child, young adult, or others in the school with whom the child or young adult has contact.

(10) The caseworker must document in the case plan of the child or young adult all the following:

(a) Information about the current school or educational setting of the child or young adult.

(b) All schools or educational settings the child or young adult has attended since the date the child or young adult has been in the custody of the Department.

(c) The length of time the child or young adult has spent in each school or educational setting.

(d) The number of high school credits each child or young adult 14 years of age or older has earned.

(e) The child's surrogate parent, if one has been appointed.

(f) The reason for any change in the child or young adult's school or educational setting.

(g) Information regarding the child or young adult's educational records, which may include but is not limited to:

(A) Report cards;

(B) Transcripts;

(C) Individual Education Plan;

(D) A 504 plan, developed under the provisions of Section 504 of the Rehabilitation Act of 1973; and

(E) A transition plan.

(h) If applicable, the reasons the child or young adult is not attending school pursuant to ORS 339.030.

Or. Admin. Code § 413-105-0030

CWP 46-2018, renumbered from 413-100-0915, filed 06/13/2018, effective 6/13/2018; CWP 48-2018, temporary amend filed 06/21/2018, effective 06/21/2018 through 12/17/2018; CWP 124-2018, amend filed 12/13/2018, effective 12/13/2018; CWP 33-2019, temporary amend filed 08/01/2019, effective 08/01/2019 through 01/27/2020; CWP 50-2019, amend filed 10/25/2019, effective 11/1/2019; CWP 138-2020, amend filed 08/27/2020, effective 9/1/2020

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 419B.192, ORS 419B.220, ORS 419B.343 & ORS 339.133