74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3296
House Bill 2979
Sponsored by Representative HOLVEY; Representative KOMP
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.
Directs parent, legal guardian or private teacher of
homeschooled child to notify education service district each
school year.
Modifies examination requirements of homeschooled children.
Directs district superintendent or designee, after issuing
notification, to issue citation to parent or legal guardian of
child who does not attend school and who is not homeschooled.
Declares emergency, effective July 1, 2007.
A BILL FOR AN ACT
Relating to children who do not attend public school; creating
new provisions; amending ORS 339.035, 339.460 and 339.925; 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) { + (a) + } 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withdrawn from a public school to be taught by a parent, legal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, - }
{ + (b) Each school year that a child is taught by a parent,
legal guardian or private teacher, the parent, legal guardian or
private teacher must notify the education service district in
writing.
(c) + } 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.
{ + (d) + } 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 { + or, if the child has completed grade
three, the first examination shall be administered to the child
within 30 days of notifying the education service district as
provided in subsection (2) of this section + }.
(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 - } { + places the
child below the __ percentile based on national norms + }, 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: - } { + shall + }
{ - (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) 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:
(a) '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.
SECTION 3. ORS 339.925 is amended to read:
339.925. (1) In addition to any other persons permitted to
enforce violations, the school district superintendent or
education service district superintendent, or any employee
specifically designated by either superintendent, { - may - }
{ + shall + } issue citations for violations established under
ORS 339.990 in the manner provided by ORS chapter 153.
(2) Prior to issuing the citation described in subsection
{ - (3) - } { + (4) + } of this section to the parent or
guardian of a student not regularly attending full-time school, a
school district superintendent or education service district
superintendent shall:
(a) Provide a parent or guardian of the student and the student
with written notification that:
(A) States that the student is required to attend regularly a
full-time school;
(B) Explains that the failure to send the student and maintain
the student in regular attendance is a Class C violation;
(C) States that the superintendent may issue a citation;
(D) Requires the parent or guardian of the student and the
student to attend a conference with a designated official; and
(E) Is written in the native language of the parent or guardian
of the student.
(b) Schedule the conference described in paragraph (a)(D) of
this subsection.
{ + (3) A school district superintendent or education service
district superintendent is required to issue the notification
required by subsection (2) of this section only once prior to
issuing a citation. + }
{ - (3) - } { + (4) + } Notwithstanding ORS 1.525 or any
provision of ORS chapter 153, the State Board of Education by
rule shall establish the citation form to be used by
superintendents in citing violations established under ORS
339.990. Notwithstanding ORS 153.045, each of the parts of the
citation shall contain the information required by the state
board.
{ - (4) - } { + (5) + } All fines and court costs recovered
from compulsory school attendance violations shall be paid to the
clerk of the court involved. After deductions of court costs
provided by law for the proceeding, the clerk shall pay the
remainder of the money to the State Treasurer to be deposited in
the Criminal Fine and Assessment Account in the General Fund.
SECTION 4. { + The amendments to ORS 339.035, 339.460 and
339.925 by sections 1 to 3 of this 2007 Act first apply to the
2007-2008 school year. + }
SECTION 5. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect July 1,
2007. + }
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