Compulsory school attendance violation procedure
- • rules
(1) In addition to any other persons permitted to enforce violations, the school district superintendent or education service district superintendent, or any employee specifically designated by either superintendent, may issue citations for violations established under ORS 339.990 (Penalties) in the manner provided by ORS chapter 153.
(2) Prior to issuing the citation described in subsection (3) of this section to the parent or guardian of a student not regularly attending full-time school, a school district superintendent or education service district superintendent shall:
(a) Provide a parent or guardian of the student and the student with written notification that:
(A) States that the student is required to attend regularly a full-time school;
(B) Explains that the failure to send the student and maintain the student in regular attendance is a Class C violation;
(C) States that the superintendent may issue a citation;
(D) Requires the parent or guardian of the student and the student to attend a conference with a designated official;
(E) States that the parent or guardian has the right to request:
(i) For a student who does not have an individualized education program, an evaluation to determine if the student should have an individualized education program; or
(ii) For a student who has an individualized education program, a review of the individualized education program; and
(F) Is written in the native language of the parent or guardian of the student.
(b) Schedule the conference described in paragraph (a)(D) of this subsection. A conference may not be scheduled until after any evaluations or reviews described in paragraph (a)(E) of this subsection have been completed.
(3) Notwithstanding ORS 1.525 (Uniform citation and petition forms for certain offenses) or any provision of ORS chapter 153, the State Board of Education by rule shall establish the citation form to be used by superintendents in citing violations established under ORS 339.990 (Penalties). Notwithstanding ORS 153.045 (Citation), each of the parts of the citation shall contain the information required by the state board. [Formerly 339.925; 2015 c.322 §2]
Note: 339.095 (Compulsory school attendance violation procedure) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 339 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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