3% Cap

OAR 581-026-0305, 2, (b) Does not approve the student for enrollment in the virtual public charter school and provide a copy of this rule and OAR 581-026-0310 to the student and a list of two or more other online options available to the student.

District are required to give two REQUIRED options to families, and a lack of doing so would fall under grounds for accepting the appeal. In strict legal terms districts cannot deny a student access to a virtual education, they can only have a say in which virtual options the family may choose from once they have reached 3%. If a district has their own virtual school and a full-time program, they could restrict it to those, but they have to have two options they will allow the family to attend in their denial to the parents.

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