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 2152
Senate Bill 761
Sponsored by Senator B STARR; Senators BEYER, CLARNO, GEORGE,
GORDLY, HARPER, METSGER, MINNIS, C STARR
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.
Repeals examination requirements that apply to children who are
taught by private teacher, parent or legal guardian. Allows
exemption from compulsory school attendance laws for children
taught at direction of parent or legal guardian.
Declares emergency, effective July 1, 2003.
A BILL FOR AN ACT
Relating to students who are not taught in public schools;
creating new provisions; amending ORS 329.465, 339.030,
339.460, 339.505, 339.990 and 807.066; repealing ORS 339.035;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 339.030 is amended to read:
339.030. (1) In the following cases, children { - shall - }
{ + are + } 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 { + or at the direction of 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.
SECTION 2. ORS 339.460 is amended to read:
339.460. (1) { + A school district may not deny a + } home
school
{ - students shall not be denied by a school district - }
{ + student + } 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 - } { + a nationally normed standardized
achievement test + } from { - the - } { + a + } list adopted
by { + rule by + } the State Board of Education
{ - pursuant to ORS 339.035 - } . The { - examination - }
{ + test + } 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 - } { + test + } 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) - } { + (c) + } The home school student { - shall
be required to - } { + must + } 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) - } { + (d) + } A home school student participating
in interscholastic activities must reside within the attendance
boundaries of the school for which the student participates.
{ + (2)(a) Any public school student who chooses to be home
schooled must also meet the minimum standards as described in
subsection (1)(b) of this section. The student may participate
while awaiting test results.
(b) 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 tests at the end of the second year and
meet the standards described in subsection (1)(b) of this section
to become eligible for the third year. + }
{ - (2) - } { + (3) + } 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 { + or at the direction of
a parent or legal guardian + } as described in ORS 339.030 { +
(1)(c) and (d) + }.
(c) 'Interscholastic activities' includes but is not limited to
athletics, music, speech { - , - } and { - other - } related
activities.
SECTION 3. ORS 339.505 is amended to read:
339.505. (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 not reached 21 years
of age or whose 21st birthday occurs during the current school
year; has met all state requirements and local requirements for
attendance, competence and units of credit for high school; and
has received one of the following:
(A) A high school diploma issued by a school district.
(B) An adult high school diploma issued by an authorized
community college.
(C) 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 { + or at the direction of a 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, a Department of
Human Services facility or a hospital education program.
(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.
SECTION 4. ORS 339.990 is amended to read:
339.990. Violation of ORS 339.020 { - or the requirements of
ORS 339.035 - } is a Class C violation.
SECTION 5. ORS 329.465 is amended to read:
329.465. (1) By the end of the 1995-1996 school year, the State
Board of Education shall revise and adopt standards and
requirements for the Certificate of Initial Mastery and design a
plan that enables school districts to phase in academic standards
so that students have opportunities to obtain a Certificate of
Initial Mastery by no later than the 1998-1999 school year, in
the manner designated in the state board's plan.
(2) The State Board of Education shall prescribe the standards,
pursuant to ORS 329.025 and 329.035, that a student must meet in
order to obtain a Certificate of Initial Mastery. The Certificate
of Initial Mastery shall be based on a series of
performance-based assessments and content assessments benchmarked
to mastery levels at approximately grades 3, 5, 8 and 10. The
assessment methods shall include work samples and tests and may
include portfolios. The state board shall establish a certificate
for students who, with additional services and accommodations, do
not meet the Certificate of Initial Mastery standards. 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 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 in mathematics, science, history, geography, economics,
civics, English, second languages, the arts and physical
education.
(4) Prior to July 1, 1997, school districts shall submit plans
to the Department of Education setting forth the steps the
district will take to ensure that its programs meet the
requirements necessary for students to obtain a Certificate of
Initial Mastery. Each district's plan shall demonstrate how
alternative learning program options will be available for
students working toward a Certificate of Initial Mastery and a
diploma.
(5) The provisions of this section may be applied individually
as appropriate to students enrolled in special education programs
under ORS chapter 343.
(6) 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.
(7) 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 { + or at the direction of a parent or legal
guardian + } as described in ORS 339.030.
SECTION 6. ORS 807.066 is amended to read:
807.066. The Department of Transportation { - shall - } { +
may + } not issue driving privileges to a person who is under 18
years of age unless the person:
(1) Has graduated from high school and provides the department
with proof of graduation satisfactory to the department;
(2) Has received a General Educational Development (GED)
certificate from a community college and provides the department
with proof of the certificate satisfactory to the department;
(3) Provides the department with a form provided by the
department and signed by the principal, or the designee of the
principal, of the secondary school attended by the person that
declares that the person is enrolled in a secondary school of
this state or any other state;
(4) Provides the department with a form provided by the
department and signed by the authorized representative of the
community college attended by the person that declares that the
person is making satisfactory progress toward a General
Educational Development (GED) certificate;
(5) Provides the department with a form provided by the
department and signed by the authorized representative of the
community college attended by the person that declares that the
person is making satisfactory progress toward a high school
diploma;
(6) Provides the department with a form provided by the
department and signed by { - the authorized representative of
the education service district or school district having
jurisdiction over the area of the person's residence that
declares that the person is being taught by a private teacher or
parent in compliance with ORS 339.035 - } { + a parent or legal
guardian of the person that declares that the person is taught by
the parent or legal guardian of the person or at the direction of
the parent or legal guardian of the person + };
(7) Provides the department with documentation satisfactory to
the department that indicates that the person is exempted from
school attendance requirements due to circumstances beyond the
control of the person; or
(8) Provides the department with documentation satisfactory to
the department that the person is exempt under ORS 339.030 (2)
from the requirement to attend school.
SECTION 7. { + ORS 339.035 is repealed. + }
SECTION 8. { + (1) The amendments to ORS 329.465, 339.030,
339.460, 339.505 and 339.990 by sections 1 to 5 of this 2003 Act
and the repeal of ORS 339.035 by section 7 of this 2003 Act first
apply to the 2003-2004 school year.
(2) The amendments to ORS 807.066 by section 6 of this 2003 Act
apply to driving privileges issued on or after January 1,
2004. + }
SECTION 9. { + 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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