ORS 336.635¹
Enrollment in alternative education program
  • billing
  • rules
  • status of teachers

(1) The parent or guardian of a student may enroll the student in one of the proposed public alternative education programs or private alternative education programs of instruction or instruction combined with counseling if:

(a) The enrollment is necessary to meet the student’s educational needs and interests.

(b) The program is appropriate and accessible to the student.

(c) For a program in a school district in which the student is a resident, the resident school district approves the enrollment.

(d) For a program in a school district in which the student is not a resident, the resident school district and the attending school district approve the enrollment.

(e) For a private alternative education program, the program is registered with the Department of Education.

(2) If the student is eligible for special education under ORS 343.221 (Special education required) to 343.236 (Special education provided by state through local, county or regional program) and 343.261 (Instruction of certain hospitalized children) to 343.295 (Document of successful completion), the program must be approved by the Department of Education prior to the placement of the student in the program.

(3) A student enrolled pursuant to this section is considered enrolled in the schools of the district offering the program for purposes of the distribution of the State School Fund.

(4) An alternative education program that is offered to a student who is not a resident of the school district may bill tuition to the school district where the student is a resident. The billing may be made annually or at the end of each term or semester of the alternative education program. For each full-time equivalent student enrolled in the alternative education program, the resident school district shall pay the actual cost of the program or an amount at least equivalent to 80 percent of the district’s estimated current year’s average per student net operating expenditure, whichever is less, in accordance with rules adopted by the State Board of Education. The alternative education program is accountable for the expenditures of all State School Fund moneys and other local school support moneys and shall provide the resident school district with an annual statement of the expenditures.

(5) A private alternative education program that is registered with the department is not required to employ only licensed teachers or administrators. Teachers and administrators in private programs are not considered employees of any school district for purposes of ORS 342.173 (Effect of employing certain persons).

(6) A school district is not required to provide a public alternative education program if the student can be referred to public or approved private alternative education programs that are appropriate for and accessible to the student.

(7) Any preliminary teaching license, professional teaching license or distinguished teacher leader license issued by the Teacher Standards and Practices Commission is valid for teaching all subjects and grade levels in an alternative education program operated by a school district or education service district. [Formerly 339.620; 1995 c.656 §7; 1996 c.16 §3; 1997 c.164 §1; 1997 c.613 §3; 2001 c.490 §4; 2009 c.252 §1; 2013 c.286 §12; 2015 c.647 §3]

Notes of Decisions

District must make determina­tion pursuant to ORS 336.631 (Private alternative programs) that place­ment in program is necessary to meet student educa­tional needs and interests before distribu­tion can be made to program from State School Fund. Ellis v. Dept. of Educa­tion, 157 Or App 92, 967 P2d 912 (1998)

Law Review Cita­tions

36 WLR 265 (2000)

1 Legislative Counsel Committee, CHAPTER 336—Conduct of Schools Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors336.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 336, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano336.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information