75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2582
House Bill 2797
Sponsored by Representative BARKER, Senator STARR (at the request
of Oregon Home Education Network and Oregon Christian Education
Association Network)
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 notification and examination requirements that apply to
children who are taught by private teacher, parent or legal
guardian.
Declares emergency, effective July 1, 2009.
A BILL FOR AN ACT
Relating to children who are not taught in public school;
creating new provisions; amending ORS 334.175, 336.668,
339.460, 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 339.460 is amended to read:
339.460. { + (1) As used in this section:
(a) 'Homeschooled students' means children who are taught by
private teachers, parents or legal guardians as described in ORS
339.030 (1)(d) and (e).
(b) 'Interscholastic activities' includes but is not limited to
athletics, music, speech and other related activities. + }
{ - (1) - } { + (2) A + }homeschooled { - students - }
{ + student + } shall not be denied by a school district the
opportunity to participate in
{ - all - } { + an + } interscholastic { - activities - }
{ + activity + } if the { + homeschooled + } student fulfills
{ + all of + } the following conditions:
(a) The { + homeschooled + } student { - must meet - }
{ + meets + } 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) The homeschooled student meets minimum academic
standards. A homeschooled student may fulfill the condition
required by this paragraph by satisfying either of the
following: + }
{ - (b)(A) - } { + (A) + } { - The student must
achieve - } { + Achieving + } a minimum score on { - an
examination from the - } { + a nationally normed standardized
achievement test from a + } list adopted by { + rule by + } the
State Board of Education { - pursuant to ORS 339.035. The
examination shall be taken at the end of each school year - }
{ + . The test must be taken prior to August 15 each year + }
and shall be used to determine eligibility for the following
{ + school + } year. The minimum, composite test score that a
student must achieve { - shall - } { + must + } place the
student at or above the 23rd percentile based on national norms.
The parent or legal guardian { - shall - } { + must + }
submit the { - examination - } { + test + } results to the
school district { - ; or - } { + . + }
(B) { - A school district may adopt alternative requirements,
in consultation - } { + Meeting any requirements that a school
district may have adopted in lieu of the test requirements
described in subparagraph (A) of this paragraph after
consulting + } with the parent or legal guardian of { - a - }
{ + the + } homeschooled student { - , - } { + . A school
district that adopts requirements under this subparagraph + }
that a { + homeschooled + } student must meet to participate in
interscholastic activities { - , including but not limited
to - } { + may include + } a requirement that { - a - } { +
+ } { + the homeschooled + } student submit a portfolio of
work samples to a school district committee for review to
determine whether { - a - } { + the homeschooled + } student
is eligible to participate in interscholastic activities.
{ + (c) The homeschooled student fulfills the same
responsibilities and meets the same standards of behavior and
performance, including related class or practice requirements, of
other students participating in the interscholastic activity and
meets the same standards for acceptance for the interscholastic
activity. The homeschooled student must also comply with all
public school requirements during the time of participation.
(d) The homeschooled student resides within the attendance
boundaries of the school for which the student participates. + }
{ - (c) - } { + (3)(a) + } { - Any - } { + A + } public
school student who chooses to be homeschooled { + after a school
year has started + } must also meet the minimum standards
{ - as - } described in { - paragraph (b) of this
subsection - } { + subsection (2) of this section + }. The
student may participate { + in interscholastic activities + }
while awaiting
{ - examination - } { + test + } results.
{ - (d) - } { + (b) + } { - Any - } { + A + } public
school student { + who chooses to be homeschooled and + } who
has been unable to maintain academic eligibility { - shall be
ineligible - } { + while attending the public school is not
eligible + } 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 { + homeschooled + } student must take the
{ - required examinations - } { + test + } at the end of the
second year and meet the { - standards - }
{ + requirements + } described in { - paragraph (b) of this
subsection - } { + subsection (2)(b) of this section + } 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 2. 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 3. ORS 334.175 is amended to read:
334.175. (1) An education service district shall provide
regionalized core services to component school districts. The
goals of these services are to:
(a) Assist component school districts in meeting the
requirements of state and federal law;
(b) Improve student learning;
(c) Enhance the quality of instruction provided to students;
(d) Provide professional development to component school
district employees;
(e) Enable component school districts and the students who
attend schools in those districts to have equitable access to
resources; and
(f) Maximize operational and fiscal efficiencies for component
school districts.
(2) The services provided by an education service district
shall be provided according to a local service plan developed by
the education service district and component school districts.
The education service district and component school districts
shall develop the local service plan to meet the goals specified
in subsection (1) of this section. The local service plan must
include services in at least the following areas:
(a) Programs for children with special needs, including but not
limited to special education services, services for at-risk
students and professional development for employees who provide
those services.
(b) Technology support for component school districts and the
individual technology plans of those districts, including but not
limited to technology infrastructure services, data services,
instructional technology services, distance learning and
professional development for employees who provide those
services.
(c) School improvement services for component school districts,
including but not limited to services designed to support
component school districts in meeting the requirements of state
and federal law, services designed to allow the education service
district to participate in and facilitate a review of the state
and federal standards related to the provision of a quality
education by component school districts, services designed to
support and facilitate continuous school improvement planning,
services designed to address schoolwide behavior and climate
issues and professional technical education and professional
development for employees who provide those services.
(d) Administrative and support services for component school
districts, including but not limited to services designed to
consolidate component school district business functions
{ - , - } { + and + } liaison services between the Department
of Education and component school districts { - and
registration of children being taught by private teachers,
parents or legal guardians pursuant to ORS 339.035 - } .
(e) Other services that an education service district is
required to provide by state or federal law, including but not
limited to services required under ORS 339.005 to 339.090.
(3) In addition to the services specified in subsection (2) of
this section, a local service plan may include other services
that are designed to meet regional needs.
(4) A local service plan shall also contain annual performance
measures for the education service district.
(5) A local service plan must:
(a) Be adopted by the board of the education service district.
(b) After being adopted by the board of the education service
district, be approved on or before March 1 by resolution of
two-thirds of the component school districts that are a part of
the education service district and that have at least a majority
of the pupils included in the average daily membership of the
education service district, as determined by the reports of such
school districts for the preceding year, enrolled in the schools
of the school districts.
(6) Notwithstanding the process for approval and adoption
required by subsection (5) of this section, if the component
school districts approve an amendment to a local service plan
pursuant to subsection (5)(b) of this section, the board of an
education service district may amend a local service plan that
has been previously adopted by the board and approved by the
component school districts. An amendment to a local service plan
may be done at any time.
(7) An education service district may provide the services
required by the local service plan directly through the staff of
the district. In addition, an education service district may
provide services required by the local service plan through the
operation of a public school, a public charter school pursuant to
ORS chapter 338, an alternative school or a preschool.
(8) An education service district may provide the services
required by the local service plan in cooperation with another
education service district or with a school district. In
addition, an education service district may contract with a
public or private entity for the provision of services.
SECTION 4. ORS 336.668 is amended to read:
336.668. As used in ORS 336.668 to 336.675:
(1) 'Qualified homeschooled child' means a child { - who is
registered as a child - } who is taught by a { - parent, legal
guardian or private teacher under ORS 339.035 - } { + private
teacher, parent or legal guardian as described in ORS 339.030
(1)(d) and (e) + } and who is:
(a) A resident of a county with a population of more than
320,000 but less than 325,000 according to the federal decennial
census conducted in 2000; or
(b) A resident of a school district that contracted with a
qualified private alternative education program prior to the
2007-2008 school year.
(2) 'Qualified private alternative education program' means a
private alternative education program that:
(a) First contracted with a qualified school district beginning
with the 1996-1997 school year, and has continued to have a
contract with a qualified school district through the 2006-2007
school year, to provide services to homeschooled students; and
(b) Is in compliance with ORS 336.615 to 336.675 and rules
adopted by the State Board of Education that relate to private
alternative education programs.
(3) 'Qualified school district' means a school district:
(a) With an administrative office located in the county seat of
a county with a population of more than 320,000 but less than
325,000 according to the federal decennial census conducted in
2000; and
(b) That had a contract with a qualified private alternative
education program during the 2006-2007 school year.
SECTION 5. ORS 807.066 is amended to read:
807.066. The Department of Transportation shall 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
a private teacher or by a 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 6. { + ORS 339.035 is repealed. + }
SECTION 7. { + (1) The amendments to ORS 334.175, 336.668,
339.460, 339.990 and 807.066 by sections 1 to 5 of this 2009 Act
and the repeal of ORS 339.035 by section 6 of this 2009 Act apply
to children taught by a private teacher, parent or legal guardian
on or after July 1, 2009.
(2) The amendments to ORS 807.066 by section 5 of this 2009 Act
apply to driving privileges issued on or after July 1, 2009. + }
SECTION 8. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
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