Code: KAB
Adopted: 12/14/22

The Board recognizes the importance of promoting parental input in decision making related to their student’s health and general well-being; in determining district and student needs for educational services; and in program development and district operations. To assist the district in this effort, and in accordance with law, the district affirms the right of parents, upon request, to inspect:

1. A survey created by a third party before the survey is administered or distributed by the district to a student, including any district survey containing “covered survey items”[1];
2. Any instructional material used by the district as part of the educational curriculum for the student;
3. Any instrument used in the collection of personal information from students for the purpose of marketing or for selling that information or otherwise providing that information to others for that purpose.

As provided by law, parents of district students will also, upon request, be permitted to excuse their student from “covered activities”[2]. The rights provided to parents under this policy, transfer to the student when the student turns 18 years of age, or is an emancipated minor under applicable state law.

The superintendent will ensure that activities requiring parental notification are provided as required by law and that reasonable notice of the adoption or continued use of this policy is provided to parents of students enrolled in district schools. The input of parents will be encouraged in the development, adoption and any subsequent revision of this policy.

The superintendent shall develop administrative regulations to implement this policy, including provisions as may be necessary to ensure appropriate notification to parents of their rights under federal law and district procedures to request review of covered materials, excuse a student from participating in covered activities and protect student privacy in the event of administration or distribution of a survey to a student.

END OF POLICY

1 “Covered survey items” include one or more of the following items: political affiliations or beliefs of the student or the student’s family; mental and psychological problems of the student or the student’s family; sex behavior or attitudes; illegal, antisocial, self-incriminating or demeaning behavior; critical appraisals of other individuals with whom respondents have close family relationships; legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers; religious practices, affiliations or beliefs of the student or the student’s parent; and income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such a program.
2 “Covered activities,” requiring notification, include activities involving the collection, disclosure or use of personal information collected from students for the purpose of marketing or for selling that information or otherwise providing that information to others for that purpose; the administration of any survey containing one or more of covered survey items; and any nonemergency, invasive physical examination or screening that is required as a condition of attendance and administered and scheduled by the school in advance. See the administrative regulation for additional definitions.
 

Legal Reference(s):
ORS 332.107

Every Student Succeeds Act of 2015, 20 U.S.C. § 7928 (2012).
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).
Family Education Rights and Privacy Act, 20 U.S.C. § 1232g (2012).

Code: KAB-AR
Revised/Reviewed: 12/14/22

The following definitions and procedures will be used to implement parental rights:

Definitions

1. “Survey,” as defined by federal law and as used in Board policy and this regulation, includes an evaluation. It does not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (IDEA);
2. “Covered survey items” means one or more of the following items: political affiliations or beliefs of the student or the student’s family; mental and psychological problems of the student or the student’s family; sex behavior or attitudes; illegal, antisocial, self-incriminating or demeaning behavior; critical appraisals of other individuals with whom respondents have close family relationships; legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers; religious practices, affiliations or beliefs of the student or the student’s parent; and income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such a program;
3. “Covered activities,” requiring notification, means those activities involving the collection, disclosure or use of personal information collected from students for the purpose of marketing or for selling that information or otherwise providing that information to others for that purpose; the administration of any survey containing one or more covered survey items; and any nonemergency, invasive physical examination or screening that is required as a condition of attendance, administered and scheduled by the school in advance and not necessary to protect the immediate health and safety of the student, or of other students. This provision does not apply to physical examinations or screenings that are permitted or required by law, including physical examinations or screenings permitted without parental notification;
4. “Third parties” include, but are not limited to, school volunteers, parents, school visitors, service contractors or others engaged in district business, such as employees of businesses or organizations participating in cooperative work programs with the district and others not directly subject to district control;
5. “Instructional material” means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audiovisual materials and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments;
6. “Personal information” means individually identifiable information including a student or parent’s first and last name; a home or other physical address (including a street name and the name of the city or town); telephone number; or a social security identification number;        7. “Invasive physical examination” means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion or injection into the body. It does not include a hearing, vision or scoliosis screening and does not apply to any physical examination or screening that is permitted or required by an applicable state law, including physical examinations or screenings that are permitted without parental notification.

Requests to Inspect Materials

Parents may inspect surveys, instructional materials or instruments used to collect personal student information for marketing purposes before such items are administered or distributed by a school to a student as follows:

1. Requests may be directed to the school office by phone or in person;
2. Requests must be received by the district no later than five working days following receipt of notification by the district of its intent to administer or distribute such items;
3. Materials may be reviewed at the school office or mailed by the district;
4. Requests to mail materials must be accompanied by a self-addressed, stamped envelope.

Requests to Excuse Student from Covered Activities

A parent may request that his/her student be excused from participation in any of the following covered activities:

1. The collection, disclosure or use of personal information collected from students for the purpose of marketing or selling that information to others;
2. Any district or third party survey;
3. The administration of nonemergency, invasive physical examinations or screenings.

All such requests must be:

1. Directed to the principal in writing;
2. Received by the district no later than five working days following receipt of notification by the district of its intent to administer or distribute such items.

Student Privacy

The district recognizes its responsibility to protect student privacy in the event of administration or distribution of a survey to a student containing one or more covered survey items.

A student’s personal information that may be collected as a result of such surveys will be released only with prior, written parental permission. 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.

Notification

Each principal shall be responsible for ensuring appropriate notification to parents of their rights under federal law, Board policy and this regulation. Accordingly, notification will:

1. Be made at least annually at the beginning of the school year or at other times during the school year when enrolling students for the first time in school;
2. Include the specific or approximate dates during the school year when covered activities are scheduled or expected to be scheduled.

Code: KBA
Adopted: 8/13/97
Revised/Readopted: 2/8/12, 4/9/14, 12/14/22
Orig. Code: KBA

“Public record” means any information that:

1. Is prepared, owned, used or retained by the district;

2. Is related to an activity, transaction or function of the district; and

3. Is necessary to satisfy the fiscal, legal, administrative or historical policies, requirements or needs of the district.

Public record does not include messages on voice mail or on other telephone message storage and retrieval systems, or spoken communication that is not recorded.

A request to inspect or receive a copy of a public record shall be in writing and will be presented to the superintendent’s office.

Board meetings and records will be matters of public information subject to such restrictions as are set by federal law or regulation, by state statute or by pertinent court rulings.

The Board’s official minutes, its written policies and its financial records will be available at the superintendent’s office for inspection by any citizen desiring to examine them during hours when the superintendent’s office is open. All such information will be made available to individuals with disabilities in any appropriate format, upon request and with appropriate advanced notice. Auxiliary aids and services available to ensure equally effective communications to qualified persons with disabilities may include large print, Braille, audio recordings, readers, assistance in locating materials or other equally effective accommodations.

The Board supports the right of the people to know about programs and services of their schools and will make every effort to disseminate information. Each principal is authorized to use all means available to keep parents and others of a particular school’s community informed about the school’s program and activities.

No records will be released for inspection by the public or any unauthorized persons – either by the superintendent or any other person designated as custodian for district records – if such disclosure would be contrary to the public interest, as described in state law.

The Board reserves the right to establish a fee schedule which will reasonably reimburse the district for the actual cost of making public records available pursuant to law. The district will not be obligated to complete a request for which the requester has not paid the fee as permitted by state law. There will be no additional charge for auxiliary aids and services provided for qualified persons with disabilities.

Employee and volunteer addresses, electronic mail addresses (other than district electronic mail addresses assigned by the district to district employees), social security numbers, dates of birth and telephone numbers contained in personnel records maintained by the district are exempt from public disclosure pursuant to Oregon Revised Statute (ORS) 192.368 and ORS 192.355(3). Such information may be released only upon the written request of the employee or volunteer or as otherwise provided by law. This exemption does not apply to a substitute teacher, as defined in ORS 342.815, when requested by a professional education association of which the substitute teacher may be a member. District electronic mail addresses assigned by the district to district employees are not exempt.

The district will not disclose the identification badge or card of an employee without the employee’s written consent if the badge or card contains the employee’s photograph and the badge or card was prepared solely for internal use by the district to identify district employees. A duplicate of the photograph used on the badge or card shall not be disclosed.

The district shall not, in accordance with state law, disclose personal information for the purpose of enforcement of federal immigration laws.

The district shall retain and maintain its public records in accordance with Oregon Administrative Rule (OAR) 166, Division 400.

END OF POLICY
 

Legal Reference(s):
ORS 180.805
ORS Chapter 192
OAR 137-004-0800(1)
OAR 166-005-0010
OAR 166-400

Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (2018); 29 C.F.R. Part 1630 (2021); 28 C.F.R. Part 35 (2021).
OREGON DEP’T OF JUSTICE, OREGON ATTORNEY GENERAL, Public Records and Meetings Manual.
Americans with Disabilities Act Amendments Act of 2008, 42 U.S.C. §§ 12101-12133 (2018).
Bialostosky v. Cummings, 319 Or. App. 352 (2022).

Code: KBA-AR
Adopted: 8/13/97
Revised/Reviewed: 11/24/09; 12/14/22

In compliance with Oregon law the following guidelines apply to the dissemination, inspection and examination of the public records of the district:

1. A public records request shall be submitted in writing through the superintendent’s office at 1419 NW Valley View Dr., Roseburg, OR 97471.
2. Upon receipt of a written request, the district shall respond within five business days[1] acknowledging receipt of the request or completing[2] the district’s response to the request. If the district provides an acknowledgment of the request, it must:

a. Confirm that the district is the custodian of the requested record;
b. Inform the requester that the district is not the custodian of the requested record; or
c. Notify the requester that the district is uncertain whether the district is the custodian of the requested record.

3. If the district is the custodian of the requested record, as soon as reasonably possible but not later than 10 business days after the date the district is required to acknowledge receipt of the request as described above, the district shall:

a. Complete its response to the public records request. If the district determines that a record is exempt from public disclosure, the district will include a statement to that effect and that the requester may appeal the decision pursuant to state law; or
b. Provide a written statement that the district is still processing the request and a reasonable estimated date by which the district expects to complete its response based on the information currently available.

4. The time periods, established by Oregon law and identified above in Section 2 or 3, will not apply to the district if compliance would be impracticable because:

a. The staff or volunteers[3] necessary to complete a response to the public records request are unavailable;
b. Compliance would demonstrably impede the district’s ability to perform other necessary services; or

c. Of the volume of the public records request being simultaneously processed by the district.

The district shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request.

5. The district may request additional information or clarification from the requester for the purpose of expediting the district’s response to the request as permitted by law. If the district requests additional information or clarification, in good faith, the obligation to complete the request is suspended until the requester provides the requested information or clarification or affirmatively declines to provide the information or clarification.
6. If a copy of a public record is requested, the district will provide a single copy. If a request to inspect a public record is made and the record is maintained in a machine readable or electronic form, the custodian shall provide the record in the form requested, if available. If the public record is not available in the form requested, it will be provided in the form the record is maintained. If a person who is a party to a civil judicial proceeding to which the district is a party or who has filed notice under Oregon Revised Statute (ORS) 30.275(5)(a) asks to inspect or to receive a copy of a public record that the person knows relates to the proceeding or notice, the individual must submit the request in writing to the designated custodian of district records and at the same time to the district’s attorney.
7. Information will be made available to individuals with disabilities in an appropriate format upon request and advance notice. Auxiliary aids and services available to qualified persons with disabilities may include large print, Braille, audio recordings, readers, assistance in locating materials or other equally effective accommodations.
8. Where the labor effort exceeds 30 minutes, labor, material and out-of-pocket charges will be reimbursed to the district. Labor will be calculated at the hourly rate of the employee affected. Materials and out-of-pocket charges will be reimbursed. Auxiliary aids and services for qualified persons with disabilities will be available at no additional charge.

If the district has informed the requester of a permitted fee, the obligation of the district to complete its response to the request is suspended until the fee has been received by the district. If the requester fails to pay the fee within 60 days of the date the requester was informed of the fee or fails to pay the fee within 60 days of the date on which the district informed them of the denial of the fee waiver, the district shall close the request.

9. The district reserves the right to restrict the inspection of some public records to the district’s facilities.
 

1 “Business day” means a day other than Saturday, Sunday or a legal holiday, and on which at least one paid employee of the district is scheduled to and does report to work. Business day does not include any day on which the central administration offices of the district are closed.
2 The district response to a public records request will be considered complete when it complies with criteria in Oregon law (ORS 192.329).
3 Staff member or volunteers who are on leave or are not scheduled to work are considered to be unavailable.
 

Public Record Request Form

Code: KG
Adopted: 8/13/97 
Re-adopted: 6/14/06; 12/14/22
Orig. Code: KG

Eligible community groups may use district facilities provided such use does not conflict or interfere with the regular school program and school sponsored activities.  The District may charge a reasonable fee to eligible community groups wishing to use District facilities. Facility use is also subject to procedures set forth in KG-AR.

Eligible Community Groups

Members of the public wishing to provide a lawful activity of educational, charitable or general interest to the community may use district facilities provided the group complies with district policies rules and regulation. Any group promoting activities that would disrupt or interfere with the educational program or which promotes illegal activities is prohibited from using district facilities. An organization operating for financial gain may be permitted to use district facilities subject to district facility use policies and procedures.

Use of District Facilities for Financial Gain

The use of district buildings and other facilities by any organization operating for financial gain, or any purpose involving financial gain, will be permitted only when:

1. A community-based educational, civic or charitable purpose will be served; and
2. A school or non-profit group in the community will benefit from the activity.

Disclaimers and Waivers

If deemed necessary by the superintendent, an organization using district facilities may be required to disclose to the public that the activity is not sponsored by the district or related to the regular school program. The district may also require sponsors of activities to obtain insurance, liability waivers or other forms of indemnification as a condition of facility use.

Respect for Facilities

The district expects all facility users to treat the facilities with respect. Uses deemed to pose a threat to the aesthetic or physical condition of the facility may be denied by the building administrator. Groups using the facilities will be expected to leave them in the same condition in which they were found. Building administrators may ask for a security, cleaning and damage deposit from facility users and/or recover compensation for actual damage.

END OF POLICY
 

Legal Reference(s):
ORS Chapter 244
ORS 260.432
ORS 332.107
ORS 332.172

Cross Reference(s):
ECACB - Unmanned Aircraft System (UAS) a.k.a. Drone
EDC/KGF - Authorized Use of District Equipment and Materials
KGB - Public Conduct on District Property
KGF/EDC - Authorized Use of District Equipment and Materials
KI - Public Solicitation in District Facilities
KK - Visitors to District Facilities

Facility Use Request Form (Appendix I)

Facility Use Cost Estimate (Appendix II)

Fee Schedule (Appendix III) 

Code: KG-AR
Adopted: 12/7/94
Re-adopted: 8/18/03, 6/14/06, 11/27/12; 2/26/20; 12/14/22
Orig. Code: KG-AR

RHS campus facilities are available for community use, and rental. The 650-seat theater, the Student Center that can accommodate audiences of up to 1,000, classrooms, two gymnasiums and the artificial turf sports field are all available for public use.

The facilities are managed by the high school Activities and Facilities Coordinator, who provides scheduling and technical support. Our scheduling priority is set out in District Policy KG and accompanying AR as follows:

1. Activities directly related to the required K-12 school program, including graduation;
2. Activities of the extracurricular K-12 school program and its club sports and seasonal programs;
3. School-sponsored programs such as classes and workshops;
4. Youth-related non-school activities conducted for the purpose of benefiting Roseburg school district resident pupils exclusively;
5. Adult-related non-school activities and youth related non-school activities conducted for the purpose of benefitting school age children in general
6. Other appropriate uses.

General Use Guidelines:

As indicated above, usage priority will be determined in accordance with district policy KG and Administrative regulation KG AR with the first priority being given to Roseburg High School and District programs. The District reserves the right to schedule use of the facilities, to set fees and charges for such uses, and to formulate and enforce appropriate rules and regulations governing use of the facilities.

The Facilities Director (or designee) shall be on site as needed and is responsible for monitoring the facility usage. The Roseburg High School Principal (or designee) shall be kept fully informed of all facility use.

Insurance – Public Liability: Users shall carry comprehensive liability insurance (naming the District as the additionally insured) in the amount of not less than $1,000,000 combined single limit for any one occurrence including bodily injury and property damage. Further, it is understood and agreed that the policy will not be cancelled or reduced or modified in any way adversely affecting the coverage provided with respect to the RHS Facility. Evidence of said insurance shall be furnished to the District in writing, a minimum of 30 days prior to the first scheduled use of the facility or at any other time as may be requested. If said insurance is to be cancelled, the District shall be notified in writing at least 10 days prior to said cancellation. The insurance company producing said insurance shall be licensed to do business in the State of Oregon.

General Rules and Procedures:

The building principal has the authority for scheduling and renting the school facility. The principal’s signature is required on the agreement form.

A copy of the rental agreement is to be forwarded to the district business office. Any rental fees are to be collected in advance and promptly remitted to the business office.

A district employee shall be assigned to be present on the premises at all times when school buildings are used by non-school groups to ensure district rules and regulations are enforced. To assure building security, it is required that users assume financial responsibility for a district employee to be on site during usage times outside regular hours of staffing.

Free Uses of Facilities:

The building principal may grant the free use of facilities to community organizations as determined by District facility use policy. Free use will be allowed for the following:

1. Political parties from precinct organizational meetings and precinct elections required by law;
2. City of Roseburg, Douglas County, or State of Oregon for use in the performance of their duties to the public;
3. State of Oregon and other public agencies for staff training or examinations;
4. Umpqua Community College or other educational institutions;
5. PTA’s, Booster Clubs, etc.

Facility Use Tiers

The District encourages the community’s use of its buildings for civic and educational purposes. Charges for facility-use shall be assessed consistently; charges are designed to recover any operations costs associated with the specific use. To assist in the assessment of fees and priority of use, the following tier system has been developed.

Tier A: Roseburg Public Schools Sponsored Activities
Sponsored, as used in this section, means an activity that the district directly and completely coordinates, funds, plans, and directs, and is staffed by district employees who are or may be paid for their time. With respect to athletics, the event, activity, or contest must occur during the OSAA or corresponding governing body’s sanctioned season.

Groups in Tier A will not be charged any rental fees and will not be required to provide insurance as the District’s self-insurance covers the activities. The school principal or designee is responsible for assuring building supervision is present during these usages. Fees totaling over $500 will not be waived without business office approval.

Tier B

Organizations and individual users offering activities or events that are free and enrollment or participation is open to the public. Tier B also includes fundraising activities in which the majority of the profits collected go to the school approved PTO or booster organization. Parent groups are defined as those with charters and by-laws and are commonly referred to as PTA’s PTO’s, PTC’s and boosters.

Groups in Tier B will not be charged any rental fees. Proof of insurance will be required prior to use. Fees may be charged for extra personnel such as custodial staff, security, technology, or equipment use.

Tier C

Organizations and individual users offering activities or events that charge for admission/participation, collect an offering or donations, or sell merchandise. Groups in Tier C will be charged a rental fee. Proof of insurance will be required prior to use. Fees may be charged for extra personnel such as custodial staff, security, technology, or equipment use.

Tier D

From time to time it may be necessary and appropriate for the District to negotiate a long-term rental/lease agreement that will incorporate appropriate fees and costs associated with the long-term usage. Similarly, the District may enter into inter-governmental and cooperative arrangements related to facility use. The terms and conditions of use by Tier D users will be determined by contractual agreement.

Tier E

Governmental, city, county and state agency usage. Groups in Tier E will not be charged any rental fees. Proof of insurance will be required prior to use. Fees may be charged for extra personnel such as such as custodial staff, security, technology, or equipment use.

Facility Booking Procedures:

The requesting organization must complete a Facility Use Request Form (see Appendix I). The RHS Use Request Form must be completed and submitted for approval in accordance with the booking calendar procedures described below. Each user will be provided with an RHS Facility Use Cost Estimate (see Appendix II) when the use request form is approved. An authorized user group representative must sign the use request form and assume responsibility for the actions of the group.

As described more fully below, a Roseburg High Schools Rental Use Agreement (see Appendix III) must also be executed no later than 14 days prior to the scheduled performance and the required rental and other deposits must be paid at the time such agreement is executed.

With the heavy demand and use of the Roseburg facilities, facility booking requests are encouraged several months in advance.

As conflicts arise between different requests for use, an equitable solution will be sought. If any user group needs to be rescheduled due to a usage priority conflict, an attempt will be made to give the user group as much notice as possible. All user group representatives/staff including teachers and custodians impacted by an RHS facility use schedule change shall be informed in advance, if at all possible.

Community use of the RHS facilities outside of the regular school day is encouraged. Information regarding RHS Tours, group services (ticket sales and theater parties) and special services and facilities for persons requiring assistance to events (i.e.: first aid, hearing impaired, wheelchairs, etc.) can be obtained by contacting the facility director at 440-4140 ext. 4205.

Rental Fees & Other Financial Considerations:

Like all other District facilities, RHS fees are designed to cover the cost of operating and maintaining the facility. Charges for use of the facilities (as well as for any additional equipment, supplies or extra services) were developed pursuant to District Administrative Regulation KG-AR.

The basic facility rental rates for non-school activity users can be found in Appendix IV.

The Facilities Director has the discretion to impose charges in addition to the basic rental fee set out in Appendix IV for services, equipment or other costs incurred which are in excess of those normally incurred in a typical event/program. Rental fees and other charges (along with any separate deposits) are estimated at the time of booking through completion and approval of the RHS Use Request Form and the accompanying RHS Facility Use Cost Estimate (see Appendix II). (A certificate of liability insurance for an amount of not less than $1 million must be submitted with the RHS Use Request Form. Copies of the RHS Use Request Form and user group certificate of insurance shall be submitted to the District Business Office).

In addition, a Facility Rental Use Agreement must be executed no later than 14 days prior to the scheduled performance/event. A copy of the executed Rental Use Agreement shall be forwarded to the District Business Office. The District reserves the right to require a cashier’s check or money order for the payment of RHS user deposits, rental or other fee amounts. Receipts shall be issued for any cash received.[1]

The estimated rental fees and other charges may be adjusted to the extent additional costs are incurred not anticipated at the time the RHS Rental Use Agreement is executed. The user group representative will be notified by telephone or e-mail of any adjustments to the estimated rental fees and other charges (as well as any damage or extra cleaning costs associated with the specified use) within 2 business days following the performance/event. Any adjustments will be reflected in the final billing for the performance/event and such final billing will be issued by the District Business Office within 5 business days of the performance/event.

Users will pay the balance of any outstanding rental fees or other charges within 5 business days of receiving the final billing. In the event final payment is not received within the specified time frame, a late payment service charge on the unpaid balance equal to 1.5% per month will be assessed. All remittance checks must be made payable to Roseburg School District #4 Business Office, 1419 Valley View Drive, Roseburg, OR 97471.

Any damage or potential liability arising from RHS facilities use shall be communicated immediately to the RHS Facility Director, High School Principal and the District’s Business Director. Any damage caused during a scheduled use shall be the responsibility of the facility user, as provided in the RHS Rental Use Agreement.

Performing and Attendance at the Rose Theater

Performance Etiquette:
Dressing rooms and any other rooms should be left clean.
Everyone should be courteous and respectful at all times, remembering that anything can happen during a performance.

Attendance Etiquette:
No member of the audience is allowed on the stage.
No standing is allowed on the seats in the theater.
For reserved seating events, patrons must be in the seats designated on their tickets.
No cameras or recording devices are allowed within the Theater except as may be expressly agreed in advance of each performance.
Latecomers may have to wait to be seated until there is an appropriate pause in the program. The head usher will seat latecomers.

Attending any RHS Events/Performances

The following rules apply with respect to persons attending an RHS event/performance:

No smoking, fireworks or weapons are allowed anywhere on the property, buildings, or grounds of Roseburg High School or the District.
No drugs or alcoholic beverages are permitted whether in a person’s possession by consumption.
No gum, food or drinks are allowed in the theater or on the artificial turf, this includes sunflower seeds, which damage the artificial turf.
No activity which may result in injury to self or to others or that may interfere with the performance or activity is allowed.
Under no circumstances shall children be permitted to be unattended in the area of the event or on the grounds of Roseburg High School. RHS encourages parents who are bringing young children to events to request aisle seats with easy access to an exit.
The District assumes no responsibility for personal apparel or other property lost by patrons (a lost and found is maintained at the Roseburg High School Office).
The maximum number of people permitted in any RHS facility shall be restricted to its designated capacity.
All parking rules need to be followed. No parking allowed in the quads.
No skateboards/rollerblades/long boards are allowed to be ridden on campus.

In addition to the above rules, other District Policies, Oregon Revised Statutes, and Federal Laws relating to behavior on public school grounds apply to persons attending an RHS performance/event on campus. RHS patrons violating any of the above rules are subject to all applicable sanctions, as well as having their right to attend any RHS event/performance revoked.
 

1 Compensation for all supervisory, custodians, and support staff related to RHS use must be paid through the payroll department of the District Business Office. No cash compensation payments are allowed.

Code: KGB
Adopted: 8/13/97
Re-adopted: 6/15/16; 12/14/22
Orig. Code: KGB

No person on district property or grounds, including parking lots, will:

1. Injure or threaten to injure another;

2. Damage the property of another or of the district;

3. Initiate or circulate a report, one knows to be false, concerning an alleged hazardous substance, impending fire, explosion, catastrophe or other emergency that will take place in or upon a school;

4. Violate parking regulations;

5. Drive a vehicle in an unsafe manner;

6. Operate an unmanned aircraft system (UAS) or drone (unless granted permission from the (superintendent or designee, as prohibited by Board policy ECACB - Unmanned Aircraft System (UAS) a.k.a. drone);

7. Impede, delay or otherwise interfere with the orderly conduct of the district’s educational program or any other activity taking place on district property which has been authorized by the Board, superintendent, principal or other authorized administrator;

8. Enter any portion of district premises at any time for purposes other than those which are lawful and authorized by district officials;

9. Bring, possess or use a weapon as prohibited by state and federal law;

10. Possess, consume, sell, give or deliver unlawful drugs and/or alcoholic beverages. Possess, sell, give or deliver drug paraphernalia;

11. Use, distribute or sell tobacco products or inhalant delivery systems;

12. Wear, possess, use, distribute, display or sell any clothing, jewelry, emblem, badge, symbol, sign or other item that is evidence of membership or affiliation with any gang. Use speech or commit any act or omission in furtherance of the interests of any gang or gang activity. A “gang” is defined as a group that identifies itself through the use of a name, unique appearance or language including hand signs, claiming of geographical territory or the espousing of a distinctive belief system that frequently results in criminal activity;

13. Willfully violate Board policies, administrative regulations or school rules designed to maintain public order on district property.

Persons having no legitimate purpose or business on district property, or those violating or threatening to violate the above rules, may be issued a trespass citation and/or ejected from the premises, and/or referred to law enforcement officials.

END OF POLICY
 

Legal Reference(s)
ORS 161.015
ORS 164.245
ORS 164.255
ORS 166.025
ORS 166.155 to -166.165
ORS 166.210 to -166.370
ORS 332.172
ORS 336.109
ORS 339.883
ORS 431.840
ORS 433.835 to -433.990
ORS 806.060 to -806.080
OAR 333-015-0025 to -0090
OAR 581-021-0110
OAR 584-020-0040(4)(e),(g)

Gun-Free Schools Act, 20 U.S.C. § 7961 (2012).
Pro-Children Act of 1994, 20 U.S.C. §§ 6081-6084 (2012).
Gun-Free School Zones Act of 1990, 18 U.S.C. §§ 921(a)(25)-(26), 922(q) (2012).

Cross Reference(s):
ECAB - Vandalism/Malicious Mischief/Theft
KG - Community Use of District Facilities

Code: KGC
Adopted: 8/13/97
Re-adopted: 2/28/07, 9/28/11

Tobacco Use, Distribution or Sale on District Premises by Public
Tobacco use, distribution or sale on district premises is prohibited.

It is the school’s obligation to protect the health, welfare and safety of students. In light of scientific evidence that the use of tobacco is hazardous to health, and to be consistent with district curriculum and Oregon law, use, distribution or sale of tobacco in any form on district premises or at school-sponsored activities is prohibited.

For the purpose of this policy “tobacco” is defined to include any lighted or unlighted cigarette, cigar, pipe, bidi, clove cigarette, and any other smoking product, spit tobacco, also known as smokeless, dip, chew, snuff, in any form, nicotine or nicotine delivering devices, chemicals or devices that produce the physical effect of nicotine substances or any other tobacco substitute (e.g., e-cigarettes). This does not include FDA approved nicotine replacement therapy products used for the purpose of cessation.

Tobacco use, distribution or sale by staff and all others is also prohibited on district premises, in any building, facility, or vehicle owned, leased, rented or chartered by the district, school, or public charter school and at all school sponsored activities on or off district property.
Violation of this policy by non-students may result in the individuals removal from district property. The district reserves the right to restrict access to district property by individuals who are repeat offenders.

This policy shall be enforced at all times. The superintendent will develop administrative regulations as needed to implement this policy.
 

Legal Reference(s)
ORS 332.107
ORS 336.222
ORS 336.227
ORS 339.240
ORS 339.250
ORS 433.835 - 433.990
OAR 581-021-0050 to -0075
OAR 581-022-0413
OAR 581-021-0110
OAR 581-053-0015
OAR 581-053-0545(4)(c)(R)-(T)
OAR 581-053-0550(5)(q)-(s)

Junction City Police Assn. v. Junction City, Case No. UP-94-88 and UP-124-88, 11 PECBR 732 (1989).
Tualatin Valley Bargaining Council v. Tigard School District 23J, Case No. UP-120-87, 11 PECBR 42 (1988); adhered to on reconsideration, 11 PECBR 53 (1988).
Pro-Children Act of 1994, 20 U.S.C. Sections 6081-6084 (2006)

Cross Reference(s)
GBK - Tobacco-Free Environment
KGB - Public Conduct on District Property

Code: EDC/KGF
Adopted: 1/13/93
Re-adopted: 8/13/97, 7/13/22
Original Code: EDC/KGF

Except as otherwise allowed by this policy, district equipment, supplies and materials shall be used only for duly authorized district business. On separation from district service, a district employee shall return all property in the possession of the employee, including all keys, to district facilities.  If an employee fails to return such property, the district may institute legal action to recover direct and indirect damages suffered by the district.

Consistent with Oregon Revised Statue (ORS) Chapter 224, no district employee shall use, or permit the use of, district equipment, supplies and materials to confer an appreciable pecuniary or material benefit to the employee.

Each administrator shall be responsible for notifying employees of the requirements of this policy and for taking appropriate action if an employee violates the provisions of this policy.  The superintendent shall enforce this rule with respect to the activities of administrators.  Any employee who violates the provisions of this policy shall be subject to appropriate disciplinary action up to and including termination.
 

Legal Reference(s)
ORS Chapter 244
ORS 332.107
OAR 584-020-0040

OREGON GOVERNMENT ETHICS COMMISSION, OREGON GOVERNMENT ETHICS LAW, A GUIDE FOR PUBLIC OFFICIALS (2010).

Cross Reference(s)
KG - Community Use of District Facilities
KGF/EDC - Authorized Use of District Equipment and Materials

Code: KH
Adopted: Unknown
Re-adopted: 8/13/97, 10/8/03; 12/14/22
Orig. Code: KH

The Board may accept money or property donated for the use or benefit of the district and use such money or property for the purpose for which it was donated. All gifts of money, property or equipment shall be reported to the Board and the Board shall accept the gifts on behalf of the district. Said gifts shall be expended or used for the purpose for which they were intended. Donated property and equipment shall be entered into the district records for the purpose of insurance and inventory.
Gifts which serve to enhance and extend the work of the schools may be received by the district with the superintendent’s authorization. It is the district’s policy to direct those who desire to make contributions to consider equipment or services that are not likely to be acquired from public fund expenditures. It is the intent of the district to establish equal educational opportunities for every student and gifts should not upset the balance of opportunities significantly.
 
1. Tangible property contributed to the schools becomes the property of the district and is subject to the same controls and regulations that govern the use of other district-owned property.
2. Gifts of property or services will be accepted by the district only after taking into consideration possible installation maintenance and upkeep expenses.
3. The district encourages any groups, businesses or individuals planning to raise money for a gift to the school or the educational system to first consult with the principal and superintendent regarding what kind of gift should be made. The superintendent will develop guidelines for accepting gifts.
4. Priority lists of needed and desirable equipment, supplies or services will be kept in each school and be compatible with the district and School Improvement Plans.
5. A resolution accepting gifts and making budget appropriations as required by law shall be forwarded to the Board on a quarterly basis in each calendar quarter in which a gift is received.

END OF POLICY
 

Legal Reference(s)
ORS 294.338
ORS 332.075
ORS 332.107
ORS 332.385

Cross Reference(s):
IIA - Instructional Resources/Instructional Materials

Code: KI
Adopted: 1/29/20
Revised/Readopted: 12/14/22
Orig. Code: KI

Fund raising and solicitation by non-school agencies or for non-school activities during school hours will not be permitted without prior approval of the principal. District fundraising and solicitation by non-school agencies or for non-school activities during school hours will not be permitted without prior approval of the superintendent.
Demonstrations of services or materials and canvassing of students or employees for the purpose of selling products or services shall not be permitted in either the district’s schools or grounds, unless authorized by the superintendent or principal.
No non-school-sponsored organization or individual may solicit funds or sell tickets within the district without first securing permission through the superintendent or principal.
Whenever possible, solicitation should occur during non-classroom time.
The administration of surveys, questionnaires and requests for information by non-school-connected organizations are prohibited. Exceptions may be approved by the superintendent. In the event an exception is granted for the administration or distribution of a survey created by a third party, the district will provide an opportunity for the student’s parent to inspect such survey upon request, before the survey is administered or distributed by a school to a student. Parents are to be notified of any district survey containing any “covered survey items”1 may be inspected by parents.
Parents may also request that their student be excused from participation in such surveys. Requests may be submitted in accordance with the provisions of Board policy KAB - Parental Rights and accompanying administrative regulation.
As required by law, the superintendent shall ensure that notification is provided to parents of students at least annually at the beginning of the school year or when enrolling students for the first time in school, of the specific or approximate dates during the school year when such surveys are scheduled or expected to be scheduled. The rights provided to parents under this policy transfer to the student when the student turns 18 years of age or is an emancipated minor under applicable state law.
The district recognizes its responsibility to protect student privacy. Personal information that may be collected as a result of such surveys will be released only with prior, written parental permission, unless as otherwise provided by law and/or the provisions of Board policy JOB - Personally Identifiable Information.

END OF POLICY
 

1 “Covered survey items” include one or more of the following items: political affiliations or beliefs of the student or the student’s family; mental and psychological problems of the student or the student’s family; sex behavior or attitudes; illegal, anti-social, self-incriminating or demeaning behavior; critical appraisals of other individuals with whom respondents have close family relationships; legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers; religious practices, affiliations or beliefs of the student or the student’s parent; and income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such a program.
 

Legal Reference(s)
ORS 332.107
ORS 339.880

32 Or. Atty. Gen. Op. 209 (1965)
46 or. Atty. Gen. Op 239 (1989)
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).
Every Student Succeeds Act, 20 U.S.C. § 7928 (2012).
Family Education Rights and Privacy Act, 20 U.S.C. § 1232g (2012).

Cross Reference(s):
DJG - Vendor Relations
IGDK - Nonschool-Sponsored Study and Athletic Tours/Trips/Competitions
KG - Community Use of District Facilities
KGB - Public Conduct on District Property
KJA - Materials Distribution/Posting
KK - Visitors to District Facilities

Code: KJ
Adopted: 1/29/20 
Revised/Readopted: 12/14/22
Orig. Code: KJ

The Board recognizes that district-sponsored commercial advertising may provide an important source of revenue for its programs and activities. Such sales may be permitted as approved by the superintendent or designee and by this policy.

“Commercial advertising” as used in this policy means, use by any person, company, business or corporation, for personal or private gain, of any district media, including, but not limited to, school newspaper, yearbook or other printed material, flyer or circular, radio, television, video or any other electronic technology or indoor or outdoor signage designed to:

1. Transmit a message offering any goods or services;
2. Cause or induce any other person to purchase any goods or services;
3. Increase demand for any goods or services.

Commercial advertising approved by the district must be consistent with district mission, goals, Board policies and administrative regulations; promote positive values for district students through proactive educational messages that encourage student achievement and high standards of personal conduct.

The superintendent may consider for approval revenue-enhancing activities that include, but are not limited to, contracts or agreements for:

1. Exclusive advertising of any product or service throughout the district or at specified locations or times to a person, business or corporation in exchange for goods or services (e.g., scoreboards, electronic message boards, athletic gear, exclusive right to sell beverages, bottled water, snacks, meals, etc.);
2. Products or services that require the dissemination of advertising to staff, students, parents or others or allow any person, business or corporation to obtain information from staff, students, parents or others for the purposes of market research;
3. The use of district facilities or grounds in exchange for products, services or financial considerations (e.g., cell phone towers, etc.);
4. Technology hardware, software, satellite hook-up and/or access in exchange for free or reduced prices and/or fees and/or advertising rights, or agreement to use equipment a certain number of hours of the day, month, etc.;
5. Naming rights to district property in exchange for goods, services or monetary considerations.

Contracts shall include a provision allowing the district to terminate the contract if it is determined by the district to have an adverse impact on district programs, services or activities. Revenue derived shall be used for programs, services and/or activities as determined by the district.

All contracts considered for approval are subject to the competitive procurement requirements of Board policies DJ - District Purchasing, DJC - Bidding Requirements and the local contract review board’s public contracting rules. Competitive procurement as used in this policy includes monetary as well as in-kind contributions (i.e., scoreboards, computers, other equipment or materials).

END OF POLICY
 

Legal Reference(s)
ORS 279B.055
ORS 279C.335
ORS 332.107
ORS 339.880

Code: KJ-AR
Adopted: Unknown
Re-adopted: 6/21/18, 1/29/20, 12/14/22

Commercial advertising in district schools may be permitted by the superintendent or designee subject to the following.  Schools, with prior approval, may:

1. Publish advertising in any school newspaper, other school periodical, school or district publication, web page or yearbook;
2. Distribute advertising or market research as part of a district-approved curriculum on advertising, marketing or media literacy, etc.;
3. Post signs of school, district or public appreciation for financial or other support from any person, business or corporation for the educational program in any school in the district;
4. Use free educational materials with incidental advertisements;
5. Permit demonstrations of educational materials and equipment;
6. Cooperate with nonprofit community organizations in making or posting announcements or distributing program materials that supplement the school program provided that such cooperation does not interfere with the school program and is consistent with the mission, goals and policies of the district;
7. Utilize films or other educational materials and instructional aids, including newspapers and magazines in either print or electronic form furnished by private sources, when the advertising content is reasonable in the judgment of the superintendent or designee;
8. Permit participation, on a student-option basis, in essay, art, science and similar contests sponsored by outside interests when such activities parallel the curriculum and contribute to the educational program;
9. Release promotional material for non-school athletic and cultural events through appropriate school departments;
10. Accept limited advertising on extracurricular activity schedules and programs.

Other exceptions may be approved when, in the judgment of the superintendent or designee, students of the district will benefit.

There may be no obligation on the part of students or staff to sell products, make purchases or distribute information.

The use of any advertising for alcohol, marijuana, or tobacco products in district publications or for any other purpose inconsistent with Board policies and administrative regulations is prohibited.

No activity which requires staff or students to assist in promoting campaigns (financial, charitable, educational or otherwise) will be permitted without the express permission of the superintendent.

Code: KJA
Adopted: 9/25/02
Revised/Readopted: 11/10/04, 12/14/22
Orig. Code: KJA

To be certain that we do not create an unintentional public forum, or provide advertisement opportunities in an unequal manner, the Board has determined that no information, banner or advertisement whether curricular or non-curricular may be posted on the public side of any fence owned and maintained by the District that surrounds any school property.

Non-curricular information and material prepared by non-educational organizations may be posted or distributed in the schools subject to the following:
 

1. The organization must first present the information or material to the principal for review;
2. If the information or material is found to be acceptable for dissemination in the school setting, the organization must distribute or post the materials as directed by the principal.

The administration shall use the following criteria when reviewing information or material submitted for dissemination in the schools:

1. Does the information or material advance the educational goals of the district?
2. Is the material appropriate to the target audience given the age, grade level or maturity of the intended audience?
3. Does the material avoid advertising, soliciting or promoting a non-educational service or product?
4. Is the material free of lewd, obscene, profane or libelous references?
5. Is the material free of insulting or “fighting” words - those which by their very utterance inflict injury or tend to incite an immediate breach of the peace?
6. Does the material avoid inciting or advocating imminent lawless action of disruption of the normal operation of the school?
7. Is the material free of references to political candidates, parties or issues to be decided in an election?
8. Is the material free of inferences that the District approves or sanctions the subject of the publication when the District has not or cannot take a position on the matter?

If the information or material submitted for review meets all of the above criteria it may be distributed or posted in the schools. If the information or material submitted fails to meet any one of the above criterion it may not be distributed or posted in the schools.

If the information or material is deemed appropriate for dissemination at school, the principal may direct the organization to distribute or post the information or material as follows:
 

1. By posting to a designated board or notice area;
2. By placement in a designated distribution area (the school will then notify students and parents of the availability of the information or material through regular communication channels);
3. If the material or information is time-sensitive, by delivering the materials to the classrooms for distribution to each student (such deliveries or distributions must not interfere with instruction time or classroom activities);
4. By distributing to students from a designated site before or after class (such distribution must not be coercive of students or interfere with or disrupt the normal operation of the school).

END OF POLICY
 

Legal Reference(s)
ORS 332.107
46 OR. ATTY. GEN. OP. 239 (1989).

Cross Reference(s):
KI - Public Solicitation in District Facilities
KJ - Commercial Advertising

Code: KK
Adopted: 5/11/83
Re-adopted: 8/13/97; 12/14/22
Orig. Code: KK

The Board believes that a better understanding of its educational program and improved relationship between the schools and community can be developed through school and classroom visitations of parents and patrons. Such visitations should be encouraged, arranged and permitted within considerations of the requirements of the educational program, the orderly administration of the school, school grounds and classrooms and the safety and welfare of students and staff.

The district is responsible for the schools’ supervision and administration. To ensure that school work is not disrupted and that visitors are properly directed to the areas in which they are interested, all visitors to district facilities must report to the school office upon entering school property and follow all building visitor protocols when entering the building and during their visit.

1. Teachers’ work must not be impeded by interruption of visitors or by unreasonable demands on their time.
2. Visitors must not contact individual students except as authorized by the principal and/or teachers.
3. When in the interest of orderly educational programs and the safety of students it is determined by the principal that some specific visitor or visitors shall not be permitted to enter the school facilities, the principal shall do the following:

a. Advise the person that admission is refused and give that person an explanation for the refusal;
b. If possible and appropriate, attempt to arrange alternative visitation of school facilities.

4. A visitor with permission to visit may be directed to leave when any teacher or administrator reasonably believes the visitor has engaged in physical violence, loud or disruptive speech or behavior, violation of a posted school rule or illegal conduct.

A visitor may also be directed to leave by the staff member administratively in charge of the
building if the visit would be disruptive to the educational program or school order; would impede the work of teachers through visitor’s interruptions or unreasonable demands on teacher time; or if the visitors’ course of conduct would conflict with Board policies, district or building regulations or would violate the law.

5. A direction to leave revokes any permission to visit or license to enter. Whenever possible, the direction should be given in writing or followed by written notice which identifies the issuer and gives a brief statement of the reason for the direction to leave. The principal’s office should be notified of any direction to leave and given a copy of any written notice.
6. Those who insist on remaining despite a principal’s request to leave and who thereby create a disruption of the carrying on of school business are subject to citizen’s arrest and a report made to law enforcement. Failure to leave will render a visitor liable for criminal trespass pursuant to Oregon law.
7. Any visitor who commits a violent act or threatens to commit a violent act toward a student or staff member while on school grounds, at a school-sponsored event or on the way to and from school, shall be reported immediately to the principal and the superintendent.  The superintendent shall immediately contact any student or staff member involved.

END OF POLICY
 

Legal Reference(s):
ORS 164.245
ORS 164.255
ORS 166.025
ORS 166.155 to -166.165
ORS 332.107
ORS 339.327

Cross Reference(s):
BG - Board-Staff Communications
KG - Community Use of District Facilities
KGB - Public Conduct on District Property
KI - Public Solicitation in District Facilities

Code: KL
Adopted: Unknown
Revised/Readopted: 8/13/97; 12/14/22

Procedures for registering and resolving complaints about district personnel, instruction, discipline, services and matters exclusive of instructional or library materials are defined by this policy. Complaints following this policy and the accompanying administrative regulation should be made in writing.

The Board believes that complaints are best handled and resolved as close to their origin as possible and that the parties involved in the complaint should be involved in the solution.

No community member will be denied the right to petition the Board for redress of a grievance. Complaints will be referred through the proper administrative channels for solution before investigation or action by the Board. Exceptions are complaints that concern Board actions or Board operations.

Complaints made directly to the Board as a whole or to an individual Board member shall be generally referred to the appropriate person or the superintendent for referral and follow through. All such complaints shall be responded to in a timely fashion and the Board briefed accordingly.

Any complaint about school personnel will be investigated by the administration before consideration and action by the Board. The Board will not hear charges against employees in open session unless an employee requests an open session.

While speakers may offer objective criticism of operations and programs, the Board will not hear personal complaints concerning district personnel nor against any person connected with the school system. To do so could expose the Board to a charge of being party to slander and would prejudice any necessity to act as the final review of administrative recommendations regarding the matter. The Board chair will direct the visitor to the appropriate means for Board consideration and disposition of legitimate complaints involving individuals.

END OF POLICY
 

Legal Reference(s):
ORS 192.660
ORS 332.107
ORS 659.852
OAR 581-002-0001 - 002-0005
OAR 581-022-2370
Anderson v. Central Point Sch. Dist., 746 F.2d 505 (9th Cir. 1984).
Connick v. Myers, 461 U.S. 138 (1983).

Cross Reference(s):
AC - Nondiscrimination
ACB - Every Student Belong                                                                                                                        IIA - Instructional Resources/Instructional Materials

Code: KL-AR
Adopted: 06/10/81
Revised/Reviewed: 08/13/97; 03/26/14; 2/26/2020; 12/14/22
Orig. Code: KL-AR

A parent or guardian of a student attending a school in the district or a person who resides in the district a staff member who wishes to express a concern should discuss the matter with the school employee involved.

[1] The Administrator: Step One

If the individual is unable to resolve a problem or concern with the employee, the individual may file a written, signed complaint with the administrator within five working days of the employee’s response. The administrator shall evaluate the complaint and render a decision within five working days after receiving the complaint. A form is available.

The Superintendent: Step Two

If Step One does not resolve the complaint, within 10 working days of the written response from the administrator, the complainant may file a written, signed complaint with the superintendent or designee clearly stating the nature of the complaint and a suggested remedy.

The superintendent or designee shall investigate the complaint, confer with the complainant and the parties involved, prepare a report of their findings and conclusion, and provide the report[2] in written or electronic form to the complainant within 10 working days after receiving the written complaint.

The Board: Step Three

If the complainant is dissatisfied with the superintendent’s or designee’s findings and conclusion, the complainant may appeal the decision to the Board within five working days of receiving the superintendent’s decision. The Board will review the findings and conclusion of the superintendent in a public meeting to determine what action is appropriate. The Board may use executive session if the subject matter qualifies under Oregon law. Appropriate action may include, but is not limited to, holding a hearing, requesting additional information, and adopting the superintendent’s decision as the district’s final decision. All parties involved, including the school administration, may be asked to attend such hearing for the purposes of making further explanations and clarifying the issues.

If the Board chooses not to hear the complaint, the superintendent’s decision in Step Two is final[3].

The Board may hold the hearing in executive session if the subject matter qualifies under Oregon law.

The complainant shall be informed in writing or in electronic form of the Board’s decision within 20 days from the hearing of the appeal by the Board. The Board’s decision will address each allegation in the complaint and contain reasons for the district’s decision. The Board’s decision will be final.

The timelines may be extended upon written agreement between the district and the complainant.

The district’s final decision for a complaint processed under this administrative regulation that alleges a violation of Oregon Administrative rule (OAR) Chapter 581, Division 22 (Division 22 Standards), ORS 339.285 - 339.303 or OAR 581-021-0550 - 581-021-0570 (Restraint and Seclusion), or ORS 659.852 (Retaliation), will be issued in writing or electronic form. The final decision will address each allegation in the complaint and contain reasons for the district’s decision. If the complainant, who is a student, parent or guardian of a student attending school in the district or a person that resides in the district, and this complaint is not resolved through the complaint process, the complainant may appeal[4] the district’s final decision to the Deputy Superintendent of Public Instruction under Oregon OARs 581-002-0001 – 581-002-0023.

Complaints against the principal should be filed with the superintendent. The superintendent will attempt to resolve the complaint. If the complaint remains unresolved within 10 working days of receipt by the superintendent, the complainant may request to place the complaint on the Board agenda at the next regularly scheduled or special Board meeting. The Board may use executive session if the subject matter qualifies under Oregon law. The Board shall decide, within 20 days, in open session what action, if any, is warranted. A final written decision regarding the complaint shall be issued by the Board within 10 days. The written decision of the Board will address each allegation in the complaint and reasons for the district’s decision.

Complaints against the superintendent should be referred to the Board chair on behalf of the Board. The Board chair shall present the complaint to the Board in a Board meeting. If the Board decides an investigation is warranted, the Board may refer the investigation to a third party. When the investigation is complete, the results will be presented to the Board. The Board shall decide, within 20 days, in open session what action, if any, is warranted. The Board may use executive session if the subject matter qualifies under Oregon law. A final written decision regarding the complaint shall be issued by the Board within 10 days. The written decision of the Board will address each allegation in the complaint and reasons for the district’s decision.

Complaints against the Board as a whole or against an individual Board member should be referred to the Board chair on behalf of the Board. The Board chair shall present the complaint to the Board in a Board meeting. If the Board decides an investigation is warranted, the Board may refer the investigation to a third party. When the investigation is complete, the results will be presented to the Board. The Board shall decide, within 20 days, in open session what action, if any, is warranted. A final written decision regarding
the complaint shall be issued by the Board within 10 days. The written decision of the Board will address each allegation in the complaint and reasons for the district’s decision.
Complaints against the Board chair may be referred directly to the district counsel on behalf of the Board. The district counsel shall present the complaint to the Board in a Board meeting. If the Board decides an investigation is warranted, the Board may refer the investigation to a third party. When the investigation is complete, the results will be presented to the Board. The Board shall decide, within 20 days, in open session what action, if any, is warranted. A final written decision regarding the complaint shall be issued by the Board within 10 days. The written decision of the Board will address each allegation in the complaint and reasons for the district’s decision.

[5]Charter Schools of which the District Board is a Sponsor

The appeal of a complaint from a public charter school to be reviewed by the district Board will be presented by the Board chair and reviewed by the Board at a Board meeting. The Board may use executive session if the subject matter qualifies under Oregon law. The Board will review the appeal and make a decision about appropriate action, which may include, but is not limited to, holding a hearing, requesting information, and recognizing the decision reached by the public charter school board. A decision will be reached, within 20 days, in open session, unless allowed in executive session. A final written decision regarding the appeal shall be issued by the district Board within 10 days. The written decision of the district Board will address each allegation in the complaint and include reasons for the district Board’s decision.

(5)Charter Schools of which the District Board is a Sponsor

The appeal of a complaint from a public charter school to be reviewed by the district Board will be presented by the Board chair and reviewed by the Board at a Board meeting. The Board may use executive session if the subject matter qualifies under Oregon law. The Board will review the appeal and make a decision about appropriate action, which may include, but is not limited to, holding a hearing, requesting information, and recognizing the decision reached by the public charter school board. A decision will be reached, within 20 days, in open session, unless allowed in executive session. A final written decision regarding the appeal shall be issued by the district Board within 10 days. The written decision of the district Board will address each allegation in the complaint and include reasons for the district Board’s decision.
 

1 For district information. The district’s timeline established by each step of the district’s complaint procedure for alleging a violation found in OAR 581-002-0003 must be within 30 days of the submission of the complaint at any step, unless the district and complainant have agreed in writing to a longer time period for that step. However, the district’s complaint procedure should not exceed a total of 90 days from the initial filing of the complaint, regardless of the number of steps involved, unless the district and the complainant have agreed in writing to a longer time period. (OAR 581-002-0005)

2 If the Board chooses to accept the superintendent’s decision as the district’s final decision on the complaint, the superintendent’s written decision must meet the requirements of OAR 581-022-2370(4)(b).

3 If the Board choose to accept the superintendent’s decision as the district’s final decision on the complaint, the superintendent’s written decision must meet the requirements of OAR 581-022-2370(4)(b).

4 An appeal must meet the criteria found in OAR 581-002-0005(1)(a).

5 If the district Board elects to hear appeals on public charter school complaints for which the district Board has jurisdiction, as decided by statements in the charter agreement, Board policy, or a board resolution, this language is recommended for this administrative regulation to delineate the process.
 

Download Complaint Form
For an accessible version of this document, please call the district office at 541-440-4014.

Code: KL-AR(2)
Revised/Reviewed: 12/14/22

An appeal process has been established by the Oregon Department of Education (ODE) by Oregon Administrative Rules (OAR) 581-002-0001 – 581-002-0023[1] for complaints that allege violation of OAR Chapter 581, Division 22 (Division 22 Standards), Oregon Revised Statute (ORS) 339.285 – 339.303 or OAR 581-021-0550 – 581-021-0570 (Restraint and Seclusion), or ORS 659.852 (Retaliation).

The complainant may appeal the district’s final decision for a complaint to the Deputy Superintendent of Public Instruction if:

1. The complainant has exhausted the district’s complaint procedures except as otherwise allowed by statute;

2. The district failed to render a written decision within 30 days of the submission of the complaint at any step unless the district and complainant have agreed in writing to a longer time period for that step; or

3. The district failed to resolve the complaint within 90 days of the initial filing of the complaint, regardless of the number of steps in the district complaint process, unless the district and the complainant have agreed in writing to a longer time period.

The appeal may include a complaint alleging a violation of ORS 659.852 if the complainant alleges that retaliation occurred in response to a complaint for which the complainant received the district’s final decision for a complaint.

The appeal must be received by ODE no later than:

1. One year after the date of the final decision by the district; or

2. If the district fails to resolve the complaint, no later than two years after the date on which the complainant first filed the complaint with the district.

The complaint upon which the appeal is based must have been initially filed with the district by the later of the following two dates:

1. The date occurring two years after the date on which the alleged violation or unlawful incident occurred or on which the complainant discovered the alleged violation or unlawful incident[2]; or
2. The date occurring one year after the date on which the affected student graduated from, moved away from or otherwise left the district.

The appeal shall:

1. Be in writing;

2. Be submitted in person, by mail, or electronically.

The appeal must contain:

1. The name of the person filing the appeal;

2. The phone number, address, or email address, if available, of the person filing the appeal;

3. The name of the student if the person filing the appeal is filing on behalf of the student;

4. A statement of the facts on which the appeal is based; and

5. Other information requested by ODE.

Upon receipt of an appeal, ODE will determine whether the appeal satisfies the requirements of OAR 581-002-0003 and OAR 581-002-0005.

After these determinations, ODE will give written notice to the complainant and the district whether the appeal has been accepted.

If ODE has accepted an appeal and gave notice to the complainant and the district involved, the district shall submit a written response and all correspondence, documents, and other information ODE requested within 30 days of receipt of the notice.

The district’s written response shall include:

1. A statement of facts;

2. A description of district action taken in response to the complaint; or if none was taken, an explanation of the reason(s) why no action was taken;

3. Any stipulation reached concerning settlement of the complaint; and

4. A list of any complaints filed with another agency by the complainant concerning the subject of the appeal to the extent that the district is aware of such complaints.

The Director of ODE may for good cause extend the time by which a district must make a submission described above.

Upon receipt of the district’s written response, ODE will conduct an investigation to determine whether the district violated a rule or law described in OAR 581-002-0003.

ODE shall issue a final order pursuant to OAR 581-002-0017.
 

1 The following is not a representation of the complete rules. See complete rules available on the Oregon Administrative Rules.
2 If the alleged violation or unlawful incident is of a continuing nature, the date on which the alleged violation or unlawful incident occurred is the most recent date on which the alleged violation or unlawful incident occurred.

Code: LBE
Adopted: 1/26/00
Re-adopted: 2/11/15, 5/23/18, 12/14/22

Public charter schools may be established as a new public school or a virtual public school, from one or more existing public schools in the district or a portion of the school, or from an existing alternative education program. A public charter school may not convert an existing tuition-based private school into a charter school, affiliate itself with a nonpublic sectarian school or religious institution, or encompass all the schools in the district unless the district is composed of only one school.

The district recognizes that public charter schools offer an opportunity for more flexible ways of educating students based on current research and development. Public charter schools shall demonstrate a commitment to the mission and diversity of public education while adhering to the following goals:

1. Increase student learning and achievement;
2. Increase choices of learning opportunities for students;
3. Better meet individual student academic needs and interests;
4. Build stronger working relationships among educators, parents and other community members;
5. Encourage the use of different and innovative learning methods;
6. Provide opportunities in small learning environments for flexibility and innovation;
7. Create new professional opportunities for teachers;
8. Establish additional forms of accountability for schools; and
9. Create innovative measurement tools.

An applicant must submit a complete public charter school proposal that meets the requirements of Oregon law, and includes other information required by the district in the application process.

The public charter school employer will be determined with each proposal. If the district is the employer, the terms of the current collective bargaining agreement will be examined to determine which parts of the agreement apply. If the district is not the sponsor of the public charter school, the district shall not be the employer and will not collectively bargain with public charter school employees.

The district will determine if it has any vacant or unused buildings and make a list of such buildings; buildings may be made available for public charter school use, subject to Board approval and Board policy.

Public charter school students shall not be permitted to participate in district curricular programs.[1]

Public charter school students in grades K-8 may participate in their resident district’s activities that are offered before or after regular school hours. Public charter school students in grades 9-12 may participate in their resident district’s available activities that are sanctioned by the Oregon School Activities Association (OSAA) when the requirements found in Oregon law are met.

The district will not provide instructional materials, lesson plans, or curriculum guides for use in a public charter school.

The superintendent will develop administrative regulations to include, but not limited to, the proposal process, review, and appeal procedures, and program evaluation, renewal, and termination.

END OF POLICY
 

1 Unless allowed by Oregon law related to OSAA-sanctioned activity participation.

Legal Reference(s)
ORS 327.077
ORS 327.109
ORS 332.107
ORS 338
ORS 339.141
ORS 339.147
ORS 339.450
ORS 339.460
OAR 581-026-0005 - 0710

Every Student Succeeds Act, 20 U.S.C. §§ 6311-6322 (2018).

Code: LBE-AR
Adopted: 1/26/00
Revised/Reviewed: 1/6/11, 8/7/12, 7/17/14, 12/12/14, 5/25/16; 12/14/22

1. Definitions
 
a. “Applicant” means any person or group that develops and submits a written proposal for a public charter school to the district.
b. “Public charter school” means an elementary or secondary school offering a comprehensive instructional program operating under a written agreement entered into between the district and an applicant.
c. “Virtual public charter school” means a public charter school that provides online courses, but does not primarily serve students in a physical location as described in Oregon Administrative Rule (OAR) 581-026-0300.
d. “Remote and necessary school district” means a school district that offers kindergarten through grade 12 and has: (a) an average daily membership (ADM), as defined in Oregon Revised Statute (ORS) 327.006, in the prior fiscal year of less than 110; and (b) a school that is located, by the nearest traveled road, more than 20 miles from the nearest school or from a city with a population of more than 5,000.
e. “Sponsor” means the district or Board.

2. Proposal Process
 
a. An applicant will issue a written statement of its intent to submit a proposal not less than 30 days prior to the submission date outlined below.
b. An applicant shall submit a complete proposal for sponsorship of a public charter school by the Board, including items outlined in ORS 338.045, and any additional requirements as are required in the Board’s application for sponsorship, to the district office no later than January 31 for a September starting date. The applicant shall also submit a copy of the same proposal to the State Board of Education.
c. The district will complete the review process as outlined in Section 3 below.
d. As part of the proposal, each member of the proposed public charter school’s governing body must provide an acknowledgment of understanding of the standards of conduct and the liabilities of a director of a nonprofit organization, as described in ORS Chapter 65, if the public charter school is organized as required by ORS 338.035(2)(a)(B) and (C).

3. Proposal Review Process
 
a. Within 30 business days of receipt of a proposal, the district will notify the applicant as to the completeness of the proposal.
 
(1) If the Board determines the proposal is incomplete, the district will identify the specific elements of the proposal that are not complete and provide the applicant with a reasonable opportunity, as determined by the Board, to complete the proposal.
(2) If after given a reasonable opportunity the applicant does not complete the required elements, the Board may disapprove[1] the proposal.
(3) An applicant, that has had a proposal disapproved pursuant to section (2) may appeal the Board’s decision to the State Board of Education within 30 days of the disapproval.
(4) A good faith disapproval is not a denial for purposes of requesting a review by the State Board of Education under ORS 338.075.
 
b. Within 60 days after the receipt of a completed proposal, or a final order issued by the Superintendent of Public Instruction remanding the proposal to the Board for consideration following a decision on an appeal, the Board shall hold a public hearing on the provisions of the public charter school proposal.
c. The Board must evaluate a proposal in good faith using the following criteria:
 
(1) The demonstrated sustainable support for the proposed charter school by teachers, parents, students and other community members, including comments received at the public hearing;
(2) The demonstrated financial stability of the proposed public charter school including the demonstrated ability of the school to have a sound financial management system that
(3) is in place at the time the school begins operating and meets requirements of ORS 338.095(1);
(4) The capability of the applicant, in terms of support and planning, to provide comprehensive instructional programs;
(5) The capability of the applicant, in terms of support and planning, to provide comprehensive instructional programs to students identified as academically low achieving;
(6) The adequacy of the information provided as required in the proposal criteria;
(7) Whether the value of the public charter school is outweighed by any directly identifiable, significant and adverse impact[2] on the quality of the public education of students residing in the district in which the public charter school will be located.
(8) Whether there are arrangements for any necessary special education and related services for students with disabilities;
(9) Whether there are alternative arrangements for students, teachers and other school employees who choose not to attend or who choose not to be employed by the public charter school; and
(10) The prior history, if any, of the applicant in operating a public charter school or in providing educational services.
 
d. The Board must either approve or deny the proposal within 30 days of the public hearing. Written notice of the Board’s action shall be sent to the applicant by the district.
 
(1) If approved, the applicant shall also submit a copy of the approval to the State Board of Education.
(2) If denied, the notice must include the reasons for the denial with suggested remedial measures. The Board shall provide a reasonable opportunity for the applicant to amend and resubmit the proposal. The Board must either approve or deny the resubmitted proposal within 30 days of receipt. The Board may, with good cause, request an extension in the approval process timelines from the State Board of Education.
 
e. If the Board denies the resubmitted proposal, the process ends. An applicant whose resubmitted proposal is not approved by the Board may request a review of that decision to the State Board of Education within 30 days of the disapproval.

4. Terms of the Charter Agreement
 
a. Upon the approval of a proposal by the Board, the applicant, in cooperation with the district, must prepare and execute a written charter agreement, subject to Board approval, which shall act as the legal authorization for the establishment of the public charter school.
b. The charter agreement shall be legally binding and must be in effect for a period of not more than five years but may be renewed by the Board.
c. The Board and the public charter school may amend a charter agreement through joint agreement.
d. The agreement shall incorporate the elements of the approved proposal, will address the requirements outlined in OAR 581-026-0100(2) and any additional requirements that may apply to the public charter school including, but not limited to, the following:
 
(1) Pregnant and parenting students (ORS 336.640);
(2) English language learners (ORS 336.079);
(3) Student conduct (ORS 339.250);
(4) Alcohol and drug abuse policy and plan (ORS 336.222);
(5) Oregon Report Card (ORS 329.115);]
(6) Employment status of public charter school employees pursuant to ORS 338.135;
(7) Student enrollment, application procedures and whether the public charter school will admit nonresident students and on what basis pursuant to ORS 338.125.[3]
(8) Transportation of students shall comply with ORS 338.145;
(9) The plan for performance bonding or insuring the public charter school sufficient to protect the public charter school and the district from loss and liability and comply with Oregon law. Documentation shall be submitted prior to agreement approval.
 
e. If the district and the public charter school enter a cooperative agreement with other school districts for the purpose of forming a partnership to provide educational services, then the agreement must be incorporated into the charter of the public charter school.

5. Public Charter School Operation
 
a. The public charter school shall operate at all times in accordance with the laws and rules governing public charter school operation in the state of Oregon, including but not limited to ORS Chapter 338 and applicable OAR Chapter 581 Division 22, and the charter agreement.
b. Upon application by the public charter school, the State Board of Education may grant a waiver of certain public charter school law provisions if the waiver promotes the development of programs by providers, enhances the equitable access by underserved families to the public education of their choice, extends the equitable access to public support by all students or permits high quality programs of unusual cost. This waiver request must specify the reasons the public charter school is seeking the waiver and further requires the public charter school to notify the sponsor if a waiver is being considered.

6. Virtual Public Charter School Operation
In addition to the other requirements for a public charter school, a virtual public charter school must comply with additional requirements pursuant to ORS 338.120.

7. Charter Agreement Review
 
a. The public charter school shall report at least annually on the performance of the school and its students to ODE and the district.
b. The public charter school shall be audited annually in accordance with the Municipal Audit Law. After the audit, the public charter school shall forward a copy of the annual audit to ODE and the following to the sponsoring district:
 
(1) A copy of the annual audit;
(2) Any statements from the public charter school that show the results of operations and transactions affecting the financial status of the public charter school during the preceding annual audit period for the school; and
(3) A balance sheet containing a summary of the assets and liabilities of the public charter school as of the closing date of the preceding annual audit period for the school.
 
c. The district may request at any time an acknowledgment from each member of the public charter school board that the member understands the standards of conduct and liabilities of a director of a nonprofit organization, as those standards and liabilities are described in ORS Chapter 65.
d. The public charter school shall submit to the district quarterly financial statements that reflect the school’s financial operations. The report shall include, but not be limited to, revenues, expenditures, loans and investments.

8. Authorizing Duties
 
a. The district shall ensure at all times that both the public charter school and the district are in compliance with the charter agreement, as per ORS 338.065(2).
b. The district shall conduct:
 
(1) A comprehensive annual visit to the public charter school and written evaluation of the charter school’s program, which should include an audit of the public charter school’s academic, financial, and operational performance.
(2) A review of public charter school staff credentials to ensure that public charter school staff are properly licensed and/or registered with TSPC.
(3) A collection and review of all deliverables specified in the agreement.
(4) A review of data to ensure the public charter school is making progress on reasonable, measurable written goals for academic, financial, and operational performance.
(5) A review to ensure the public charter school is providing appropriate services to students who qualify, e.g., English learner supports.

9. Complaints Heard by the Charter School Board
 
A final decision reached by the public charter school board for a complaint that alleges a violation of ORS 339.285 - 339.303 or OAR 581-021-0550 - OAR 581-021-0570 (Restraint or Seclusion), ORS 659.850 (Discrimination), ORS 659.852 (Retaliation), or applicable OAR Chapter 581, Division 22 (Division 22 Standards), may be appealed to the Board of Roseburg Public Schools[4]. The complainant may file such appeal with the superintendent of the Roseburg Public Schools. A final decision reached by the Board of the Roseburg Public Schools will be the district’s final decision and may be appealed to the Oregon Department of Education under OAR 581-002-0003 - 581-002-0005.

10. Charter School Renewal
 
a. The first renewal of a charter agreement shall be for the same time period as the initial charter. Subsequent renewals of a charter agreement shall be for a minimum of five years but may not exceed 10 years.
b. The Board and the public charter school shall follow the timeline listed below, unless a different timeline has been agreed upon by the Board and the public charter school:
 
(1) The public charter school board shall submit a written renewal request to the Board for consideration at least 180 days prior to the expiration of the charter agreement;
(2) Within 45 days after receiving a written renewal request from a public charter school, the Board shall hold a public hearing regarding the renewal request;
(3) Within 30 days after the public hearing, the Board shall approve the charter renewal or state in writing the reasons for denying charter renewal;
(4) If the Board approves the charter renewal, the district and the public charter school shall negotiate a new charter agreement within 90 days unless the district and the public charter school agree to an extension of the time period. Notwithstanding the time period specified in the charter agreement, an expiring charter agreement shall remain in effect until a new charter agreement is negotiated;
(5) If the Board does not renew the charter agreement, the public charter school board may address the reasons stated for denial of the renewal and any remedial measures suggested by the district and submit a revised request for renewal to the Board;
(6) If the Board does not renew the charter agreement based on the revised request for renewal the public charter school may appeal the Board’s decision to the State Board of Education for a review of whether the Board used the process required by Oregon law in denying the charter agreement renewal pursuant to ORS 338.065(6).
(7) The Board shall base the charter agreement renewal decision on a good faith evaluation pursuant to ORS 338.065(8) and shall base the renewal evaluation described primarily on a review of the public charter school’s annual performance reports, annual audit of accounts and annual site visit and review as required by ORS 338.095 and any other information mutually agreed upon by the public charter school board and the Board.
 
For purposes of this section, the phrase “good faith evaluation” means an evaluation of all criteria required by ORS 338.065 resulting in a conclusion that a reasonable person would come to who is informed of the law and the facts before that person.

11. Charter School Termination
 
a. The public charter school may be terminated by the Board for any of the following reasons:
 
(1) Failure to meet the terms of an approved charter agreement or any requirement of ORS Chapter 338 unless waived by the State Board of Education.
(2) Failure to meet the requirements for student performance as outlined in the charter agreement.
(3) Failure to correct a violation of federal or state law that is described in ORS 338.115.
(4) Failure to maintain insurance as described in the charter.
(5) Failure to maintain financial stability.
(6) Failure to maintain, for one or more consecutive years, a sound financial management system described in the proposal submitted under ORS 338.045 and incorporated into the written charter under ORS 338.065.
(7) Failure to maintain the health and safety of the students.
 
b. If a public charter school is terminated by the Board for any reason listed in sections a.(1) through a.(6) above, the following shall occur:
 
(1) The Board shall give the public charter school board, at least 60 days prior to the proposed effective date of termination, written notification of its decision which shall state the grounds for termination.
(2) If the grounds for termination include failure to maintain financial stability or failure to maintain a sound financial management system, the Board and the public charter school may agree to develop a plan to correct deficiencies. The plan to correct deficiencies will follow a process outlined in ORS 338.105.
(3) The public charter school may request a hearing with the Board in relation to a termination or a plan to correct deficiencies. The request must be made in writing and delivered to the business address of the district.
(4) Following a hearing, a decision reached by the Board to terminate may be appealed by the public charter school to the State Board of Education.
 
c. The Board may terminate a charter immediately and close the public charter school for endangering the health or safety of the students enrolled in the public charter school under ORS 338.105(4):
 
(1) A public charter school board may request, in writing and delivered to the business address of the district, a hearing with the Board.
(2) Within 10 days of receiving the request for a hearing, the Board must hold a hearing on the termination.
(3) If the Board acts to terminate the charter following the hearing, the public charter school may appeal the decision reached by the Board to the State Board of Education.
(4) The public charter school will remain closed during the appeal process at the discretion of the Board unless the State Board of Education orders the Board not to terminate and to re-open the public charter school.
 
d. If the charter agreement is terminated or a public charter school is closed or dissolved by the governing body of the public charter school, it shall be done only at the end of a semester and the public charter school board shall notify the district at least 180 days’ prior to the proposed effective date of the termination, closure or dissolution. Such notice must be made in writing and be delivered to the business address of the district.
e. If a charter agreement is terminated or a public charter school is dissolved, assets that were obtained with grant funds will be dispersed according to the terms of the grant. If the grant is absent any reference to ownership or distribution of assets of a terminated, closed or dissolved public charter school, all assets will be given to the State Board of Education for disposal.
 

1 The term “disapprove” is used for a proposal that is rejected due to being incomplete. See ORS 338.055(1)(c).
2 A determination of whether an impact is directly identifiable, significant and adverse may include, but is not limited to student enrollment, student-teacher ratios, staff with requisite licensure or endorsement, student learning and performance, specialty programs, financial considerations, and maintenance capabilities.

3 Student enrollment shall be voluntary. A public charter school may not limit student enrollment based on ethnicity, national origin, race, religion, disability, sex, sexual orientation, gender identity, income level, the terms of an individualized education program, proficiency in the English language or athletic ability but may limit admission within a given age group or grade level. A public charter school must select students through an equitable lottery selection process if the number of student applicants exceeds the capacity of a program, class, grade level or building. A public charter school may implement a weighted lottery that favors historically underserved students and may give priority for admission to students when in accordance with ORS 338.125(3)(c) (as amended by HB 2954 (2021)).

4 The district Board will hear this appeal as established through Board policy.

Legal Reference(s):
ORS 332.107
ORS 338.125
OAR 581-026-0305
OAR 581-026-0310Code: LBEA
Adopted: 5/27/15
Revised/Readopted: 12/14/22
Orig. Code: LBEA

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 parent1 of a student who has sent a notice to the superintendent’s office 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 will respond with an approval or disapproval to a parent within fourteen days2 of receipt of the notice from the parent.
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.

END OF POLICY
 

1 “Parent” means parent, legal guardian or person in “parental relationship” as defined in Oregon Revised Statute (ORS) 339.133.
2 If a parent does not receive a notice of approval or disapproval from the district within 14 days of sending the notice of intent to enroll to the district, the student shall be deemed approved for enrollment by the district.