Oregon
Education Code for Homeschooling
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at the ODE
website.
Compulsory attendance - Between 7 and
18 years of age by or on September 1. [Note that if you do enroll
your 5 or 6 year old, and then decide to homeschool, you'll need
to follow the notification procedure.]
Notification - Within 10 days, for all enrolled students
ages 5-18. [You do not need to notify for 5 and 6 year olds if
they have never been enrolled.]
Testing - Required for children in grades 3, 5, 8,
and 10
Oregon Revised Statues - Home Schools
2003 Edition
ORS
339.030 Exemptions from compulsory school attendance; rules.
ORS
339.035 Teaching by private teacher, parent or guardian; notice;
examination; rules; effect of low or declining score.
ORS
339.460 Homeschooled students' participation in interscholastic
activities; conditions.
ORS
329.465 Certificate of Initial Mastery; subject area endorsements.
ORS
339.505 Definitions for ORS 339.505 to 339.520; rules.
ORS
345.505 Definitions for ORS 345.505 to 345.575.
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]
ORS 329.465 Certificate of Initial
Mastery; subject area endorsements.
(1) The State Board of Education shall adopt academic content
standards and requirements for the Certificate of Initial Mastery
and for Certificate of Initial Mastery subject area endorsements.
(2) The State Board of Education shall prescribe the academic
content standards, pursuant to ORS 329.025 and 329.035, that
a student must meet in order to obtain the Certificate of Initial
Mastery or a Certificate of Initial Mastery subject area endorsement.
The Certificate of Initial Mastery and the Certificate of Initial
Mastery subject area endorsements shall be based on a series
of performance-based assessments and content assessments benchmarked
to mastery levels. The assessment methods shall include work
samples and tests. The state board shall establish a certificate
for students who, with additional services and accommodations,
do not meet the standards for the Certificate of Initial Mastery.
Students shall be allowed to collect credentials over a period
of years, culminating in a project or exhibition that demonstrates
attainment of the required knowledge and skills that have been
measured by a variety of valid assessment methods.
(3) Requirements for the Certificate of Initial Mastery or
a Certificate of Initial Mastery subject area endorsement shall:
(a) Ensure that students have the necessary knowledge and
demonstrate the skills to read, write, problem solve, reason
and communicate;
(b) Ensure that students have the opportunity to demonstrate
the ability to learn, think, retrieve information and use technology;
(c) Ensure that students have the opportunity to demonstrate
that they can work effectively as individuals and as an individual
in group settings; and
(d) Ensure that student assessment is based on academic content
standards.
(4)(a) The state board shall establish the minimum number
of work samples that a student must complete in each subject
to receive the Certificate of Initial Mastery or to receive a
Certificate of Initial Mastery subject area endorsement.
(b) If a school district receives the approval of the Department
of Education, the school district may require a student, as part
of the requirements for the Certificate of Initial Mastery or
a Certificate of Initial Mastery subject area endorsement, to
complete a greater number of work samples for a particular subject
than the minimum number established by the state board.
(5) The state board shall adopt requirements for the Certificate
of Initial Mastery in mathematics, science and English. Each
school district shall implement the Certificate of Initial Mastery
in mathematics, science and English.
(6) In addition, the state board shall adopt requirements
for Certificate of Initial Mastery subject area endorsements
in history, geography, economics, civics, physical education,
health, the arts and second languages. A school district may
offer to the students of the school district a Certificate of
Initial Mastery subject area endorsement in any of the following:
(a) History, geography, economics and civics.
(b) Physical education.
(c) Health.
(d) The arts.
(e) Second languages.
(7) A student may receive a Certificate of Initial Mastery
subject area endorsement only if the student has received the
Certificate of Initial Mastery.
(8) The state board or a school district may not make the
creation of a student portfolio a requirement for the Certificate
of Initial Mastery or a Certificate of Initial Mastery subject
area endorsement.
(9) The provisions of this section may be applied individually
as appropriate to students enrolled in special education programs
under ORS chapter 343.
(10) The Department of Education shall develop procedures
to accommodate out-of-state students, students taught by a parent,
legal guardian or private teacher as described in ORS 339.030,
private school students transferring into public schools and
migrant children from other states and countries.
(11) Nothing in this section is intended to apply the Certificates
of Mastery programs or standards to private school students or
students taught by a parent, legal guardian or private teacher
as described in ORS 339.030. [Formerly 335.140; 1995 c.660 §23;
1999 c.717 §3; 1999 c.1029 §4; 2003 c.303 §8]
STUDENT ACCOUNTING SYSTEM
ORS 339.505 Definitions for ORS 339.505 to 339.520; rules.
(1) For purposes of the student accounting system required
by ORS 339.515, the following definitions shall be used:
(a) "Graduate" means an individual who has:
(A) Not reached 21 years of age or whose 21st birthday occurs
during the current school year;
(B) Has met all state requirements and local requirements
for attendance, competence and units of credit for high school;
and
(C) Has received one of the following:
(i) A high school diploma issued by a school district.
(ii) An adult high school diploma issued by an authorized
community college.
(iii) A modified high school diploma based on the successful
completion of an individual education plan.
(b) "School dropout" means an individual who:
(A) Has enrolled for the current school year, or was enrolled
in the previous school year and did not attend during the current
school year;
(B) Is not a high school graduate;
(C) Has not received a General Educational Development (GED)
certificate; and
(D) Has withdrawn from school.
(c) "School dropout" does not include a student
described by at least one of the following:
(A) Student has transferred to another educational system
or institution that leads to graduation and the school district
has received a written request for the transfer of the student's
records or transcripts.
(B) Student is deceased.
(C) Student is participating in home instruction paid for
by the district.
(D) Student is being taught by a private teacher, parent or
legal guardian pursuant to ORS 339.030 (1)(c) or (d).
(E) Student is participating in a Department of Education
approved public or private education program, an alternative
education program as defined in ORS 336.615 or a hospital education
program, or is residing in a Department of Human Services facility.
(F) Student is temporarily residing in a shelter care program
certified by the Oregon Youth Authority or the Department of
Human Services or in a juvenile detention facility.
(G) Student is enrolled in a foreign exchange program.
(H) Student is temporarily absent from school because of suspension,
a family emergency, or severe health or medical problems which
prohibit the student from attending school.
(I) Student has received a General Educational Development
(GED) certificate.
(2) The State Board of Education shall prescribe by rule when
an unexplained absence becomes withdrawal, when a student is
considered enrolled in school, acceptable alternative education
programs under ORS 336.615 to 336.665 and the standards for excused
absences for purposes of ORS 339.065 for family emergencies and
health and medical problems. [1991 c.805 §4; 1993 c.676
§51; 1997 c.89 §1; 1997 c.249 §100; 1999 c.59
§87; 1999 c.717 §5; 2001 c.490 §9; 2003 c.14 §151]
PRIVATE ELEMENTARY AND SECONDARY
SCHOOLS
ORS 345.505 Definitions for ORS 345.505 to 345.575.
As used in ORS 345.505 to 345.575 unless the context requires
otherwise:
(1) "Educational services" means instructional programs
but does not include programs limited solely to dancing, drama,
music, religious or athletic instruction.
(2) "Private school" means a private elementary
or secondary school operated by a person or by a private agency
except as provided in ORS 339.030 (1)(c) or (d), offering education
in prekindergarten, kindergarten, or grades 1 through 12 or any
part thereof. [1975 c.557 §1; 1979 c.271 §1; 1985 c.579
§4; 1989 c.619 §5; 1991 c.67 §87; 1993 c.45 §276;
1999 c.59 §92; 1999 c.717 §6]
Whole
Section 21
Complying
with Oregon Laws
OHEN provides information on how to obey the Oregon homeschool
laws. Not to be considered legal advice. For your information
only.
Return to Oregon homeschooling
information.
|