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Oregon
home schooling laws and regulations cannot be summarized in a short
informational page or overview. It is incumbent upon
you to perform due diligence in researching and
familiarizing yourself with your state's legal's and
regulations as they pertain to homeschooling. This
information is provided for you to give you a
starting point. This is not intended to be legal
advice and is distributed for basic informational
purposes only. For more information about the laws
and regulations in this state please contact a state
or local support group or your public library.
Between 7 and 18 years of age by or on September 1.
Parents of school age children who wish to
homeschool are required to send a one-time notice of intent to their local
Education Service District within 10 days of beginning homeschooling.
Homeschoolers take an approved standardized test in grades 3, 5, 8, and 10,
except in certain cases. A Privately Developed Education Plan can be
developed for learning disabled students for whom standardized testing is
not an appropriate option.
ORS 339.030 Exemptions from compulsory school attendance; rules.
(1) In the following cases, children shall not be required to attend
public full-time schools:
(a) Children being taught in a private or parochial school in the
courses of study usually taught in grades 1 through 12 in the public
schools and in attendance for a period equivalent to that required
of children attending public schools in the 1994-1995 school year.
(b) Children proving to the satisfaction of the district school
board that they have acquired equivalent knowledge to that acquired
in the courses of study taught in grades 1 through 12 in the public
schools.
(c) Children being taught for a period equivalent to that
required of children attending public schools by a private teacher
the courses of study usually taught in grades 1 through 12 in the
public school.
(d) Children being educated in the children's home by a parent
or legal guardian.
(e) Children excluded from attendance as provided by law.
(2) The State Board of Education by rule shall establish procedures
whereby, on a semiannual basis, an exemption from compulsory attendance
may be granted to the parent or legal guardian of any child 16 or 17
years of age who is lawfully employed full-time, lawfully employed
part-time and enrolled in school, a community college or an alternative
education program as defined in ORS 336.615. An exemption also may be
granted to any child who is an emancipated minor or who has initiated
the procedure for emancipation under ORS 419B.550 to 419B.558. [Amended
by 1965 c.100 §276; 1967 c.67 §8; 1971 c.494 §1; 1973 c.728 §1; 1985
c.579 §1; 1989 c.619 §1; 1993 c.546 §138; 1995 c.769 §2; 1999 c.59 §85;
1999 c.717 §1; 2001 c.490 §8]
ORS 339.035 Teaching by private teacher, parent or guardian;
notice; examination; rules; effect of low or declining score.
(1) As used in this section, "education service district" means the
education service district that contains the school district of which
the child is a resident.
(2) When a child is taught or is withdrawn from a public school to be
taught by a parent, legal guardian or private teacher, as provided in
ORS 339.030, the parent, legal guardian or private teacher must notify
the education service district in writing. In addition, when a child who
is taught by a parent, legal guardian or private teacher moves to a new
education service district, the parent, legal guardian or private
teacher shall notify the new education service district in writing. The
education service district shall acknowledge receipt of any notification
in writing.
(3) Children being taught as provided in subsection (2) of this
section shall be examined at grades 3, 5, 8 and 10 in accordance with
the following procedures:
(a) The State Board of Education shall adopt by rule a list of
approved comprehensive examinations that are readily available.
(b)(A) The parent or legal guardian shall select an examination
from the approved list and arrange to have the examination
administered to the child by a qualified neutral person, as defined
by rule by the State Board of Education.
(B) If the child was withdrawn from public school, the first
examination shall be administered to the child at least 18
months after the date on which the child was withdrawn from
public school.
(C) If the child never attended public or private school, the
first examination shall be administered to the child prior to
the end of grade three.
(c) The person administering the examination shall:
(A) Score the examination; and
(B) Report the results of the examination to the parent or
legal guardian.
(d) Upon request of the superintendent of the education service
district, the parent or legal guardian shall submit the results of
the examination to the education service district.
(4)(a) If the composite test score of the child places the child
below the 15th percentile based on national norms, the child shall be
given an additional examination within one year of when the first
examination was administered.
(b) If the composite test score of the child on the second
examination shows a declining score, then the child shall be given
an additional examination within one year of when the second
examination was administered and the superintendent of the education
service district may:
(A) Allow the child to continue to be taught by a parent,
legal guardian or private teacher; or
(B) Place the education of the child under the supervision of
a person holding a teaching license who is selected by the
parent or legal guardian at the expense of the parent or legal
guardian. If the composite test score of the child continues to
show a declining score, the superintendent of the education
service district may:
(i) Allow the child to continue under the educational
supervision of a licensed teacher selected by the parent or
legal guardian and require that the child be given an
additional examination within one year of when the last
examination was administered;
(ii) Allow the child to be taught by a parent, legal
guardian or private teacher and require that the child be
given an additional examination within one year of when the
last examination was administered; or
(iii) Order the parent or legal guardian to send the
child to school for a period not to exceed 12 consecutive
months as determined by the superintendent.
(c) If the parent or legal guardian of the child does not consent
to placing the education of the child under the supervision of a
licensed teacher who is selected by the parent or legal guardian,
then the superintendent of the education service district may order
the child to return to school for a period not to exceed 12
consecutive months as determined by the superintendent.
(d) If the composite test score of the child on an examination is
equal to or greater than the percentile score on the prior test, the
child may be taught by a parent, legal guardian or private teacher
and for the next examination be examined pursuant to paragraph (a)
of this subsection or subsection (3) of this section.
(5)(a) Notwithstanding the examination requirements of subsections
(3) and (4) of this section, the parent or legal guardian of a child
with disabilities who has an individualized education plan and is
receiving special education and related services through the school
district or who is being educated in accordance with a privately
developed plan shall be evaluated for satisfactory educational progress
according to the recommendations of the plan.
(b) The parent or legal guardian of a child with disabilities who
was evaluated by service providers selected by the parent or legal
guardian based on a privately developed plan shall submit a report
of such evaluation to the education service district in lieu of the
examination results required by subsections (3) and (4) of this
section.
(c) A child with disabilities described in this subsection shall
not be subject to the examination requirements of subsections (3)
and (4) of this section unless the examination is recommended in the
plan in effect for the child. [1985 c.579 §2; 1989 c.619 §4; 1999
c.717 §1a]
ORS 339.460 Homeschooled students' participation in
interscholastic activities; conditions.
(1) Homeschooled students shall not be denied by a school district
the opportunity to participate in all interscholastic activities if the
student fulfills the following conditions:
(a) The student must meet all school district eligibility
requirements with the exception of:
(A) The school district's school or class attendance
requirements; and
(B) The class requirements of the voluntary association
administering interscholastic activities.
(b)(A) The student must achieve a minimum score on an examination
from the list adopted by the State Board of Education pursuant to
ORS 339.035. The examination shall be taken at the end of each
school year and shall be used to determine eligibility for the
following year. The minimum, composite test score that a student
must achieve shall place the student at or above the 23rd percentile
based on national norms. The parent or legal guardian shall submit
the examination results to the school district; or
(B) A school district may adopt alternative requirements, in
consultation with the parent or legal guardian of a homeschooled
student, that a student must meet to participate in
interscholastic activities, including but not limited to a
requirement that a student submit a portfolio of work samples to
a school district committee for review to determine whether a
student is eligible to participate in interscholastic
activities.
(c) Any public school student who chooses to be homeschooled must
also meet the minimum standards as described in paragraph (b) of
this subsection. The student may participate while awaiting
examination results.
(d) Any public school student who has been unable to maintain
academic eligibility shall be ineligible to participate in
interscholastic activities as a homeschooled student for the
duration of the school year in which the student becomes
academically ineligible and for the following year. The student must
take the required examinations at the end of the second year and
meet the standards described in paragraph (b) of this subsection to
become eligible for the third year.
(e) The homeschooled student shall be required to fulfill the
same responsibilities and standards of behavior and performance,
including related class or practice requirements, of other students
participating in the interscholastic activity of the team or squad
and shall be required to meet the same standards for acceptance on
the team or squad. The homeschooled student must also comply with
all public school requirements during the time of participation.
(f) A homeschooled student participating in interscholastic
activities must reside within the attendance boundaries of the
school for which the student participates.
(2) As used in this section:
"Board" means the State Board of Education.
(b) "Homeschooled students" are those children taught by private
teachers, parents or legal guardians as described in ORS 339.030.
(c) "Interscholastic activities" includes but is not limited to
athletics, music, speech, and other related activities. [1991 c.914
§§1,2; 1999 c.717 §2; 2003 c.14 §150]
