Chapter 717 Oregon Laws 1999

Session Law

AN ACT

HB 3013

Relating to home schooled students; amending ORS 329.465, 339.030, 339.035, 339.250, 339.460, 339.505 and 345.505; 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 not be required to attend public full-time schools:

[(1)] (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.

[(2)] (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.

[(3)] (c) Children being taught for a period equivalent to that required of children attending public schools by a [parent or] 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.

[(4)] (e) Children excluded from attendance as provided by law.

[(5)] (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, or enrolled in a community college or other state-registered alternative education program. Such 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 1a. ORS 339.035 is amended to read:

339.035. (1) As used in this section, [unless the context requires otherwise, "superintendent" means the executive officer of the education service district or the county school district serving] "education service district" means the education service district that contains the school district of which the child is a resident.

(2) [Before] When a child is taught or is withdrawn from a public school to be taught by a parent, legal guardian or private teacher, as provided in ORS 339.030, the parent, legal guardian or private teacher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 [superintendent] 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 [superintendent] education service district shall acknowledge receipt of [the] any notification in writing [and inform the superintendent of the school district of the child's residence. The notification must be received and acknowledged before a child is withdrawn from school and thereafter before the start of each school year].

(3) Children being taught as provided in subsection (2) of this section shall be examined [annually in the work covered] 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 [which] 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.

[(c)] (d) Upon request of the superintendent of the education service district, the parent or legal guardian shall submit the results of the examination [or the completed examination to the superintendent. If a completed examination is submitted, the superintendent shall have it scored and shall notify the parent of the results] to the education service district.

[(d) If the superintendent determines after examining the results of the examination that the child is not showing satisfactory educational progress, as defined by rule by the State Board of Education, the superintendent may order the parent or other person having control of the child to send the child to school for the remainder of the school year.]

[(e) The parent or other person having control of the child may appeal the order to the Superintendent of Public Instruction, whose decision in the matter may be appealed to the circuit court.]

(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, 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) 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 be in compliance with all rules governing home schooling and shall provide the school administration with acceptable documentation of compliance.]

[(b)] (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.

[(c)] (b)(A) The student must achieve a minimum score on [the achievement test required annually of all home schooling students which shall be taken at the end of each year, and which] 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[, to be determined by the State Board of Education, shall not be higher than the 50th percentile as based on national norms] 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 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.

[(d)] (c) Any public school student who chooses to be home schooled must also meet the minimum [test] standards as described in paragraph [(c)] (b) of this subsection. The student may participate while awaiting [test] examination results.

[(e)] (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 [tests] examinations at the end of the second year and meet the standards described in paragraph [(c)] (b) of this subsection to become eligible for the third year.

[(f)] (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.

[(g)] (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, [or] parents or legal guardians as described in ORS [339.035] 339.030.

SECTION 3. 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 and the arts.

(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 [teachers pursuant to ORS 339.035] 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 [teachers pursuant to ORS 339.035] teacher as described in ORS 339.030.

SECTION 4. ORS 339.250 is amended to read:

339.250. (1) Public school students shall comply with rules for the government of such schools, pursue the prescribed course of study, use the prescribed textbooks and submit to the teachers' authority.

(2) Pursuant to the written policies of a district school board, an individual who is a teacher, administrator, school employee or school volunteer may use reasonable physical force upon a student when and to the extent the individual reasonably believes it necessary to maintain order in the school or classroom or at a school activity or event, whether or not it is held on school property. The district school board shall adopt written policies to implement this subsection and shall inform such individuals of the existence and content of these policies.

(3) The district school board may authorize the discipline, suspension or expulsion of any refractory student and may suspend or expel any student who assaults or menaces a school employee or another student. The age of a student and the past pattern of behavior of a student shall be considered prior to a suspension or expulsion of a student. As used in this subsection "menace" means by word or conduct the student intentionally attempts to place a school employee or another student in fear of imminent serious physical injury.

(4) Willful disobedience, willful damage or injury to school property, use of threats, intimidation, harassment or coercion against any fellow student or school employee, open defiance of a teacher's authority or use or display of profane or obscene language is sufficient cause for discipline, suspension or expulsion from school.

(5) Expulsion of a student shall not extend beyond one calendar year and suspension shall not extend beyond 10 school days.

(6)(a) Notwithstanding subsection (5) of this section, a school district shall have a policy that requires the expulsion from school for a period of not less than one year of any student who is determined to have:

(A) Brought a weapon to a school, to school property under the jurisdiction of the district or to an activity under the jurisdiction of the school district;

(B) Possessed, concealed or used a weapon in a school or on school property or at an activity under the jurisdiction of the district; or

(C) Brought to or possessed, concealed or used a weapon at an interscholastic activity administered by a voluntary organization approved by the State Board of Education under ORS 339.430.

(b) The policy shall allow an exception for courses, programs and activities approved by the school district that are conducted on school property, including but not limited to hunter safety courses, Reserve Officer Training Corps programs, weapons-related sports or weapons-related vocational courses. In addition, the State Board of Education may adopt by rule additional exceptions to be included in school district policies.

(d) The policy shall require a referral to the appropriate law enforcement agency of any student who is expelled under this subsection.

(e) For purposes of this subsection, "weapon" includes a:

(A) "Firearm" as defined in 18 U.S.C. 921;

(B) "Dangerous weapon" as defined in ORS 161.015; or

(7) The Department of Education shall collect data on any expulsions required pursuant to subsection (6) of this section including:

(a) The name of each school;

(b) The number students expelled from each school; and

(8) Notwithstanding ORS 336.010, a school district may require a student to attend school during nonschool hours as an alternative to suspension.

(9) Unless a student is under expulsion for an offense that constitutes a violation of a school district policy adopted pursuant to subsection (6) of this section, a school district board shall consider and propose to the student prior to expulsion or leaving school, and document to the parent, legal guardian or person in parental relationship, alternative programs of instruction or instruction combined with counseling for the student that are appropriate and accessible to the student in the following circumstances:

(a) When a student is expelled pursuant to subsection (4) of this section;

(b) Following a second or subsequent occurrence within any three-year period of a severe disciplinary problem with a student;

(c) When it has been determined that a student's attendance pattern is so erratic that the student is not benefiting from the educational program; or

(d) When a parent or legal guardian applies for a student's exemption from compulsory attendance on a semiannual basis as provided in ORS 339.030 [(5)] (2).

(10) A school district board may consider and propose to a student who is under expulsion or to a student prior to expulsion for an offense that constitutes a violation of a school district policy adopted pursuant to subsection (6) of this section, and document to the parent, legal guardian or person in parental relationship, alternative programs of instruction or instruction combined with counseling for the student that are appropriate and accessible to the student.

(11) Information on alternative programs provided under subsections (9) and (10) of this section shall be in writing. The information need not be given to the student and the parent, guardian or person in parental relationship more often than once every six months unless the information has changed because of the availability of new programs.

(12)(a) The authority to discipline a student does not authorize the infliction of corporal punishment. Every resolution, bylaw, rule, ordinance or other act of a district school board or of the Department of Education that permits or authorizes the infliction of corporal punishment upon a student is void and unenforceable.

(b) As used in this subsection, "corporal punishment" means the willful infliction of, or willfully causing the infliction of, physical pain on a student.

(A) The use of physical force authorized by ORS 161.205 for the reasons specified therein; or

(B) Physical pain or discomfort resulting from or caused by participation in athletic competition or other such recreational activity, voluntarily engaged in by a student.

SECTION 5. 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.

(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;

(D) Has withdrawn from school.

(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.

(D) Student is being taught by a private teacher, [or] parent or legal guardian pursuant to ORS 339.030 [(3)] (1)(c) or (d).

(E) Student is participating in a Department of Education approved public or private education program, including an alternative education program, a Department of Human Resources facility or a hospital education program.

(F) Student is temporarily residing in a shelter care program certified by the Oregon Youth Authority or the State Office for Services to Children and Families 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 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 6. ORS 345.505 is amended to read:

345.505. As used in ORS 345.505 to 345.575 unless the context requires otherwise:

(1) "Educational services" means instructional programs but does not include programs limited solely to dancing, drama, music, religious or athletic instruction.

(2) "Private school" means a private elementary or secondary school operated by a person or by a private agency except as provided in ORS 339.030 [(3)] (1)(c) or (d), offering education in prekindergarten, kindergarten, or grades 1 through 12 or any part thereof.

SECTION 7. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor July 14, 1999

Filed in the office of Secretary of State July 15, 1999

Effective date July 14, 1999

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