[Busmgrs] ODE Numbered Memo 011-2007-08: HB 2040 relating to qualified alt ed programs

[EVANS Gene]

Numbered Memoranda are statements of official policy from the Oregon
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Online archives are at
http://www.ode.state.or.us/news/announcements/?id=214
<http://www.ode.state.or.us/news/announcements/?id=214>  

Memorandum No. 011-2007-08 
December 14, 2007 

To:     District and ESD Superintendents, District and ESD Business
Administrators, Private Alternative Education Program Administrators

Re:     House Bill 2040 relating to qualified alternative education
programs 

Summary: Provides background and answers to frequently asked questions
regarding House Bill 2040 as it relates to state school-funded Qualified
Alternative Education Programs serving home-schooled students.  Outlines
existing law regarding Alternative Education Programs serving
home-schooled students and describes Department timeline to address
additional required actions. 

Background: 
House Bill 2040 was enacted by the 2007 Legislative Assembly. The bill
was requested by HomeSource, a private alternative education program
located in Lane County. The bill authorizes school districts to contract
with qualified private alternative education programs to provide
services to homeschooled children. The bill also directed the State
Board of Education to adopt a formula for calculation of the amount of
funding to be received by programs from the State School Fund
distributions. The Oregon Department of Education has received many
questions relating to House Bill 2040. The most frequently asked
questions are below:

1.	What is a qualified private alternative education program? 

Only HomeSource meets the requirements of the bill for a qualified
private alternative education program. To remain qualified, HomeSource
must also continue to be in compliance with applicable statutes and
rules (footnote 1) that apply to alternative education programs.

2.      What is a qualified school district? 
A qualified school district is a school district that had a contract
with HomeSource as a private alternative education program in 2006-2007
and with an administrative office located in the county seat of Lane
County, therefore only Eugene 4J and Bethel 52 are qualified school
districts as defined by the bill. 

3.      What additional duties does a qualified school district have
under the bill? 
A qualified school district that chooses to contract with HomeSource
must evaluate and monitor HomeSource. Other school districts that choose
to place students with HomeSource are not required to evaluate or
monitor HomeSource.

4.      Who is a qualified homeschooled child? 
A child who is registered with an education service district as a
homeschooled child and who is either a resident of Lane County or a
resident of a school district that contracted with HomeSource prior to
the 2007-2008 school year.

5.      Is a school district required to place a qualified homeschooled
child with HomeSource? 
Yes, a qualified homeschooled child enrolled in HomeSource prior to July
1, 2007 may continue to attend the program. The approval of the resident
and attending school district of the child is not required.  For
previously enrolled children with disabilities under IDEA, the district
will follow the requirements of OAR 581-021-0029.

6.      May a qualified homeschooled child who resides in a school
district that is not a qualified school district enroll in HomeSource?

Yes. The parent or legal guardian of a child with the approval of the
resident district and the attending district may enroll a child in
HomeSource.  A school district may not require a qualified homeschooled
child to have previously attended a public school. If the district has
determined the home schooled child is eligible for special education and
is providing IEP services in conjunction with home schooling at the time
of the parent's request to attend HomeSource, the district must
reconvene the IEP team to review with the parent any changes in the IEP,
including the provision of assessments in core areas, if applicable
(footnote 2).   

7.      May a school district that is not a qualified school district
place a student with HomeSource who had not been previously been placed
with HomeSource?

Yes. A school district may place a resident student who is not a
qualified home schooled child with HomeSource. In addition, districts
may choose to contract with Home source, evaluate, assess effectiveness,
ensure that students receive instruction in the educational standards,
assure that students are taking the statewide assessment, request
student data and statements of financial expenditures, and determine
that the program complies with requirements of students participating in
the program in accordance with ORS 336.615 through 336.665.  However, a
district is not required to evaluate or monitor the program (footnote
3).

8.      Is a school district required to place a student with HomeSource
upon request from a parent?
No. Assuming the child is not a qualified home schooled child who was
enrolled in HomeSource prior to July 1, 2007; a school district may
choose not to release a child to Home Source.  Districts must use the
same decision criteria for all students, with and without disabilities.


9.      Who is the resident district of a qualified homeschooled child
that attends HomeSource? 
For purposes of providing state funding for a qualified homeschooled
child the resident district is a qualified school district that has
entered into a contract with HomeSource.  For all other purposes the
resident district is the district in which the parent, legal guardian or
person in parental relationship resides. For purposes of providing state
funding the resident district for a qualified homeschooled child who is
receiving special education and related services is the district in
which the parent, legal guardian or person in parental relationship
resides.  

10.     Do laws relating to the provision of special education and
related services apply to children who are placed with HomeSource?

Yes. Under the Individuals with Disabilities Education Act (IDEA) school
districts have an affirmative obligation to offer a free appropriate
public education in the least restrictive environment and to ensure that
parents are afforded procedural safeguards.  A district may not refer a
child with a disability out of a free appropriate public education in
the public school and into home schooling or recommend a parent make
such a decision without violating the IDEA. The decision to home school
is, and must be, a parental decision (footnote 4).   

11.     What are the duties of a school district for a child with a
disability whose parent(s) request enrollment of their child in
HomeSource?  

A school district should follow the requirements of OAR 581-021-0029
Home Schooling for Children with Disabilities.   Recommendations,
referrals, and decisions to place a student in an alternative education
program must occur in conjunction with the requirements of IDEA.  

12.     May a school district require HomeSource to release to the
district directory information requested about students who reside in
the school district and attend HomeSource?

Yes.   Under OAR 581-021-0029 the District is required to provide notice
to parents of home schooled students that the District "stands ready" to
provide a free appropriate public education if the student enrolls in
school and to offer the parents an opportunity for an IEP meeting to see
if IEP services can be offered in conjunction with home schooling.  To
meet this requirement a school district must receive directory
information about students.

13.     Is HomeSource required to provide information about a student
who attends HomeSource to the school district of a school the student
formerly attended?

Yes. HomeSource is required to notify the school in which the student
was formerly enrolled and request a student's education records from the
school.

14.     What are the duties of the State Board of Education under the
bill? 
The State Board is directed to adopt by rule a funding formula for the
calculation of the amount of funding to be received by HomeSource. The
funding formula must meet the requirements of the bill and other state
law. 

15.     When will the State Board of Education adopt by rule a funding
formula for the calculation of the amount of funding to be received by
HomeSource?

The rules will have a hearing and be first read by the State Board in
winter, 2008. 

** ** ** ** **Below is clarification as per Memoranda No. 04-2005-06
issued September 8, 2005 to District and ESD Superintendents, District
and ESD Business Administrators, Private Alternative Education Program
Administrators regarding Alternative Programs Serving Home-Schooled
Students.  ODE has provided additional clarifications in italic text
that refer specifically to special education.  The principles that the
Department will apply to state school funded alternative education
programs serving home-schooled students are below:

1. Alternative Education Program Requirements 
With exception of those circumstances described in House Bill 2040, at a
minimum, each district must ensure that its public and private
alternative education programs meet the program approval, program
evaluation, student placement, instruction, assessment, and other
requirements of ORS 336.615 through 336.665 and OAR 581-022-1350.  These
requirements apply to all students in alternative education programs,
including home schooled students who attend those programs part-time,
except as described in OAR 571-015-2270 (footnote 5) or OAR
581-021-0029. ORS 336.615 through 336.665 and OAR 581-022-1350 are
available at   http://www.ode.state.or.us/go/AlternativeEd
<http://www.ode.state.or.us/go/AlternativeEd> 

2. "Resident Pupil" Requirement for ADM 
State school funds may only be claimed for resident pupils.  As defined
by ORS 327.006, "resident pupil" means the pupil is a resident of the
district (to be determined using the parents' home address, written
interdistrict transfer agreements, or other means consistent with ORS
339.133 though 339.137) and the district is legally responsible for the
pupil's education (i.e. the student is enrolled in one of the district's
regular, charter, or alternative schools or programs).  The part-time
ADM resident pupil requirement for home schooled and other pupils
exempted from compulsory school attendance is discussed in Executive
Numbered Memorandum 032-2004-05 at
http://www.ode.state.or.us/search/results/?id=214
<http://www.ode.state.or.us/search/results/?id=214>  

3. "Resident Pupil" Requirement for Interdistrict Transfers 
An interdistrict transfer of student residency is valid only with the
written consent of the affected district school boards pursuant to ORS
339.133(6) at http://landru.leg.state.or.us/ors/339.html
<http://landru.leg.state.or.us/ors/339.html> .  The pupil being
transferred or "released" must be a resident of the sending district (to
be determined using the parents' home address, written interdistrict
transfer agreements, or other means consistent with ORS 339.133 through
339.137), and the sending district must be legally responsible for the
pupil's education (i.e. the student is enrolled in one of the sending
district's regular, charter, or alternative schools or programs). The
receiving district must consent to the transfer of the pupil's residency
in writing and must take legal responsibility for implementing the terms
of the interdistrict transfer agreement.

4. Approval of Student Placements 
Resident and attending districts must have policies and procedures to
approve placing students in district approved public and private
alternative education programs and schools.  Placement approval policies
and procedures must be consistent with OAR 581-022-1350. A school
district should follow the requirements of OAR 581-021-0029 Home
Schooling for Children with Disabilities.   Recommendations, referrals,
and decisions to place a student with a disability in an alternative
education program must occur in conjunction with the requirements of
IDEA.  

5. Accountable Activities   
Together, ORS 336.615 through ORS 336.637 and OAR 581-022-1350 require
instruction in public and private alternative education programs that
assists students in achieving the academic standards of the district and
the state.  To be eligible for payments of state school funds, an
activity must be described in OAR 581-023-0008, must be approved by the
school district by contract, and must assist the students in achieving
the local and state academic standards.  For example, instruction and
activities offered by a registered private alternative program must meet
the requirements of the ORS and OAR and be approved by each contract
with a school district (footnote 6). ORS 336.615-665, OAR 581-022-1350,
and OAR 581-023-0008 are available at
http://www.ode.state.or.us/go/AlternativeEd
<http://www.ode.state.or.us/go/AlternativeEd>  

Footnotes: 
(1) If a district places a student with a disability at HomeSource to
receive special education services, instead of providing district
services, the applicable rules also include OAR 581-015-2270 .

(2) The IEP team will consider: a. if the District will continue to
offer IEP services in conjunction with home schooling; b. if the
District will contract with HomeSource to offer these IEP services (if
HomeSource is approved under 581-015-2270); or if the student will
access HomeSource for the provision of regular education classes only.
These decisions will be made according to OAR 581-021-0029 and district
policies for home schooling children with disabilities. 

(3) For home schooled students with disabilities, districts must follow
the procedures in OAR 581-021-0029 and other requirements for students
with disabilities addressed in this FAQ.

(4) Districts must carefully consider IDEA requirements (including but
not limited to, Procedural Safeguards, Child Find, and the obligation to
make FAPE available) before implementing the notice and referral
requirements of 581-021-0071 (District Information for Parents and
Students Regarding the Availability of Alternative Education Programs).


(5) If districts, using special education placement procedures, place a
student in HomeSource for the purposes of providing FAPE in lieu of the
school district, the program must be approved by ODE under OAR
581-015-2270, except as provided in 581-015-2270(1)(c).  Under OAR
581-015-0029, districts may permit the enrollment of home schooled
students with disabilities in HomeSource regular education classes,
pursuant to district policies for all students.

(6) If districts, using special education placement procedures, place a
student in HomeSource for the purposes of providing FAPE (as a district
placement in registered private alternative education), the program must
be approved by ODE under OAR 581-015-2270, except as provided in
581-015-2270(1)(c).   

6.  Sample Policies 
Districts are encouraged to request current sample district policies
from the Oregon School Boards Association at 

Oregon School Boards Association 
1201 Court St NE, Suite 400 
PO Box 1068 
Salem, OR 97308-1068 
Phone: 503.588.2800 

7. Department Contacts 
For questions relating to alternative education: 
Drew Hinds, Oregon Department of Education 
255 Capitol Street NE 
Salem, OR 97310 
Phone: 503.947-5799 
Fax: 503.378.5156 
drew.hinds at state.or.us 


For questions relating to special education: 
Rae Ann Ray, Oregon Department of Education 
255 Capitol Street NE 
Salem, OR 97310 
Phone: 503.947-5722 
Fax: 503.378.5156 
raeann.ray at state.or.us <mailto:raeann.ray at state.or.us>  



We hope this information will help districts improve their alternative
education program services to all students. 
Salam A. Noor, Ph.D. 
Assistant Superintendent 
Office of Educational Improvement and Innovation 
(503) 947-5663 
salam.noor at state.or.us <mailto:salam.noor at state.or.us>  



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