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OREGON Compulsory Attendance Ages: “between the ages of 7 and 18 years who have not
completed the twelfth grade.” Or. Rev. Stat. § 339.010. Required Days of Instruction: None. Required Subjects: None. Home School Statute: ORS §§ 339.030(1)(d) and 339.035; Or. Admin. Rules
581-021-0026 and 581-021-0029. Children are exempt from public school if they are “being educated in the
children’s home by a parent or legal guardian.” ORS § 339.030 (1)(d). A parent
may home school under this law provided the requirements below are followed: 1. The parent or guardian must notify the education service district (ESD) in
writing within 10 days when a child is taught at home or is withdrawn from a
public school to be taught at home. When a child moves to a new ESD, the parent
or guardian must notify the new ESD in writing within 10 days of such
occurrence. Annual notification is not required. ORS § 339.035 (2). OAR
581-021-0026 (4). The notice must include the child’s and parent’s names and
addresses, the child’s birth date, and the name of the school the child is
presently attending or last attended or, if the child has not attended school,
the name of the public school district where the child resides. OAR 581-021-0026
(1)(f). 2. The ESD is required to acknowledge receipt of the notice of intent in
writing within 90 days of receipt of the notification. ORS § 339.035 (2) and OAR
581-021-0026 (4)(a). 3. The parent of a child who turns seven (7) after September 1 shall not be
required to provide notice of intent to home school until the beginning of the
next school year. OAR 581-021-0026 (11). 4. A home school cannot be a private school. ORS § 345.505(2). 5. In Pierce v. Society of Sisters, 268 U.S. 1076 (1925) the U.S. Supreme
Court struck down an Oregon law which required all children to attend public
school. The Court declared: “The fundamental theory of liberty upon which all
governments in this Union repose excludes any general power of the state to
standardize its children by forcing them to accept instruction from public
teachers only. The child is not the mere creature of the state; those who
nurture him and direct his destiny have the right, coupled with the high duty,
to recognize and prepare him for additional obligations.” The Court emphasized
that “the liberty of parents and guardians to direct the upbringing and
education of children under their control” is guaranteed by the 14th Amendment.
Pierce at 1078. Teacher Qualifications: None. Standardized Tests: ORS § 339.035(3)-(5). 1. Parents must choose one of the comprehensive examinations approved by the
State Board of Education which must be administered in grades 3, 5, 8, and 10 by
“a qualified neutral person,” as defined by the State Board of Education. ORS §
339.035(3). Testing shall occur no later than August 15. OAR 581-021-0026 (5). 2. If the child was withdrawn from public school, the first examination must
be administered at least 18 months after the date the child was withdrawn from
public school. If the child never attended public or private school, the first
examination must be administered to the child prior to the end of grade 3. ORS §
339.035(3); OAR 581-021-0026 (5). 3. The person administering the examination shall score it and report the
results to the parent or legal guardian. Test results are reported to the ESD
only if the superintendent of the ESD requests them. ORS § 339.035(3)(c) and
(d); OAR 581-021-0026 (5)(b) and (c). 4. If the composite score on the examination is below the 15th percentile,
the child must be given an additional examination within one year. If the score
on the second examination is a lower percentile than the previous examination,
the child must be given an additional examination within one year of when the
second examination was given, and the superintendent of the ESD may place the
education of the child under a certified teacher selected by and at the expense
of the parent or guardian. ORS § 339.035(4); OAR 581-021-0026 (7)(a) and (b). 5. If the composite score on the third examination continues to decline, the
superintendent of the ESD may: (1) allow the home schooling to continue under
the supervision of a certified teacher selected by the parent or guardian and
require an additional examination within one year; (2) allow the child to be
taught by the parent, guardian, or private teacher and require an additional
examination within one year; or (3) order the parent or guardian to send the
child to school for a period not to exceed 12 consecutive months. ORS § 339.035
(4); OAR 581-021-0026 (7)(c). 6. If the composite score on an examination is equal to or greater than the
percentile score on the prior test, the child may be taught by a parent,
guardian, or private teacher without any previous restrictions imposed because
of a declining score. ORS § 339.035 (4)(d); OAR 581-021-0026 (7)(e). A child with disabilities is to be evaluated for satisfactory educational progress according to the method recommended in the individualized education plan (IEP) or privately developed plan. No testing of these students is required unless recommended in their respective plans. ORS § 339.035 (5); OAR 581-021-0029. |
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