581-022-2020 Certificate of Attendance (1) Definitions. (a) “Other services” for the purposes of this rule means: (A) Those services paid for or provided by another agency, such as Vocational Rehabilitation or Brokerages, which may be considered in the calculation of the total number of hours that equals at least the total number of instructional hours that is required to be provided to students who are attending public high school. These “other services” are not to be considered educational services and are not provided by or through the school district or public charter school. (B) Those services identified in OAR 581-022-2320(4), such as school assemblies, student orientations, testing, etc, which may be considered in the calculation of the total number of hours that equals at least the total number of instructional hours that is required to be provided to students who are attending public high school. These services are provided by the school district or public charter school. (b) "Documented history" means evidence in the cumulative record and education plans of a student that demonstrates the inability over time to maintain grade level achievement even with appropriate modifications and accommodations. (c) "Instructional barrier" means a significant physical, cognitive or emotional barrier that impairs a student's ability to maintain grade level achievement. (2) A School district or public charter school shall award a certificate of attendance to a student who does not satisfy the requirements for a high school diploma, a modified diploma or an extended diploma if the student has maintained regular full time attendance for at least four years beginning in grade nine. (3) Each district school board or public charter school governing board with jurisdiction over high school programs shall define criteria for a certificate of attendance and shall award a certificate of attendance to those students who have met the criteria requirements as described in district school board policies. (4) A student shall have the opportunity to meet the requirements of a certificate of attendance by the later of: (a) Four years after starting grade nine; or (b) The student reaching the age of 21 years, if the student is entitled to a public education until the age of 21 years under state or federal law. (c) A student may complete the requirements for a certificate of attendance in less than four years if the parent/guardian or adult student gives consent. (A) The consent must be written and must clearly state that the parent/guardian or adult student is waiving the 4 years to complete the requirements for a certificate of attendance. (B) A copy of all consents must be sent to the district superintendent. (C) Each school district must annually provide the number of consents obtained to the State Superintendent of Public Instruction (D) The consent may not be used to allow a student to satisfy the requirements for a certificate of attendance in less than three years. (5) A school district or public charter school shall: (a) Ensure that all students have on-site access to the appropriate resources and courses to achieve a diploma at each high school in the school district or at the public charter school. (b) For students with a documented history described in subsections (1)(b) and (1)(c) of this section, the following information must be provided annually, beginning in grade five or after such a documented history has been established: (A) Information about the availability of high school diplomas, modified diplomas and the requirements for the diplomas; and (B) A disclosure that a student awarded a certificate of attendance will not be counted as a high school graduate in any reporting for the state or school district and that the student awarded a certificate of attendance may not indicate that the student received a high school diploma on applications for employment, military service, financial aid, admittance to an institution of higher education or any other purpose. (6) Each student receiving a certificate of attendance shall have the option of participating in the high school graduation ceremony with the members of their class receiving a high school diploma. (7)(a) A student who receives a certificate of attendance shall have access to instructional hours, hours of transition services and hours of other services that are designed to meet the unique needs of the student. (b) When added together, the school district or public charter school will provide a total number of hours of instruction and services to the student that equals at least the total number of instructional hours that is required to be provided to students who are attending a public high school. (c) The school district or public charter school may not unilaterally decrease the total number of hours of instruction and services to which the student has access regardless of the age of the student. (d) Transition services or other services designed to meet the unique needs of the student may be provided to the student through an interagency agreement entered into by the school district if the individualized education program developed for the student indicates that the services may be provided by another agency. The school district or public charter school retains the responsibility for ensuring that the student has access to the number of service hours required to be provided to the student. (e) An agency is not required to change any eligibility criteria or enrollment standards prior to entering into an interagency agreement with the school district. Statutory/Other Authority: ORS 329.451 Statutes/Other Implemented: ORS 329.451 History: ODE 25-2024, amend filed 05/21/2024, effective 05/21/2024 Renumbered from 581-022-1135 by ODE 16-2017, f. & cert. ef. 7-5-17 ODE 5-2012, f. 2-1-12, cert. ef. 2-3-12 ODE 23-2009, f. & cert. ef. 12-10-09 ODE 15-2008, f. & cert. ef. 5-23-08