72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 822
Senate Bill 131
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Department of Education and
State Board of Education)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows children who are taught by parent, legal guardian or
private teacher to be tested using Oregon statewide assessment.
Declares emergency, effective July 1, 2003.
A BILL FOR AN ACT
Relating to testing children who do not attend public schools;
amending ORS 339.035 and 339.460; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 339.035 is amended to read:
339.035. (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(2) When a child is taught or is withdrawn from a public school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) { + The child shall be given an additional examination
within one year of when the first examination was
administered + } if the composite test score of the child places
the child below the 15th percentile based on { + :
(A) + } National norms { - , the child shall be given an
additional examination within one year of when the first
examination was administered - } { + ; or
(B) Oregon norms if the child is tested using the statewide
assessment system implemented pursuant to ORS 329.485 + }.
(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.
SECTION 2. ORS 339.460 is amended to read:
339.460. (1) { + A school district may not deny + } home
school 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 { + or Oregon
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 home school
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 home schooled
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 home school 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 home school 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 home school student must
also comply with all public school requirements during the time
of participation.
(f) A home school 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:
(a) 'Board' means the State Board of Education.
(b) 'Home school 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.
SECTION 3. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect July 1,
2003. + }
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