Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
following definitions and abbreviations apply to OAR 581-021-0026 unless
otherwise specified within the rule:
(a)
"Approved Tests" Tests approved for assessment of satisfactory progress by
homeschool students are the two most recent versions of the following tests:
(A) Terra Nova CAT/3 Test;
(B) Iowa Tests of Basic Skills / Tests of
Achievement and Proficiency;
(C)
Stanford Achievement Battery.
(b) "Child" means a person between ages 6 and
18 whose parent or parents seek exemption from compulsory school attendance
under ORS 339.030(1)(e).
A child is considered to be six years of age if the sixth birthday of the child
occurred on or before September 1 immediately preceding the beginning of the
current school term. A six-year-old is assumed to be a kindergartner, unless
the parent wishes to place the child in a higher grade.
(c) "Education Service District" means the
education service district that contains the school district of which the child
is a resident.
(d) "Department"
means the Oregon Department of Education;
(e) "Neutral person" means an individual
selected by the parent or guardian of the child to be taught at home who has no
relationship by bloodline or marriage to the child;
(f) "Notification" means written notice
containing:
(A) The child's and the parent's
name, address, telephone number (optional), and e-mail address
(optional);
(B) The child's birth
date; and
(C) The name of the
school the child is presently attending, or last attended, or if child has not
attended school, the name of the public school district in which the child
resides.
(g) "Order"
means to provide formal written notice.
(h) "Parent" is the natural parent or legal
guardian of a child whom the parent desires to be exempted from compulsory
attendance under the provisions of ORS
339.030(1)(c) or
(1)(d).
(i) For the purposes of OAR 581-021-0026
only, "Qualified person" is an individual who:
(A) Holds a current personnel service license
or teaching license from Oregon Teacher Standards and Practices Commission;
or
(B) Has been licensed by the
Oregon Board of Psychologist Examiners; or
(C) Has met the publisher's qualifications
for purchase, and has purchased at least one test from the list set forth in
section (1)(a) of this rule; or
(D)
Provides evidence of satisfactory completion of a graduate course in which test
administration and interpretation is included in the objective; or
(E) Has previously qualified as a tester
pursuant to paragraph (1)(i) of this rule, and has during the previous year
administered at least one test from the list set forth in section (1)(a) of
this rule.
(j)
"Superintendent" is the executive officer of the education service district
(ESD).
(2) The State
Superintendent and the Oregon Department of Education shall make available a
list of the test publishers and their addresses.
(3) The Department shall make available a
list of persons qualified to administer tests under this rule, such list to be
updated by July 1 of each year. To be placed on the list, an applicant shall
submit to the State Superintendent of Public Instruction evidence that
satisfies any one of the requirements stated in subsection (1)(i)(A) through
(E) of this rule.
(4) When a child
is taught or is withdrawn from a public or private school to be taught by a
parent, legal guardian or private teacher, as provided in ORS
339.030(1)(c) or
(d), the parent, legal guardian or private
teacher must notify the education service district in writing within 10 days of
such occurrence. 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 shall notify the new education service district in writing within 10
days of such occurrence of their intent to continue homeschooling.
(a) The ESD must acknowledge in writing
receipt of any notification from a parent, legal guardian or private teacher
within 90 days of having record of such notification.
(b) The ESD must also notify at least
annually, school districts of homeschooled students who reside in the school
district.
(5) Children
in grades 3, 5, 8, and 10, being taught as provided in section (4) of this
rule, shall be examined no later than August 15 in accordance with the
following procedures:
(a) The parent or legal
guardian shall select an examination from the list of approved tests provided
in subsection (1)(a) above and arrange to have the examination administered to
the child by a neutral qualified person as defined in subsections (1)(e) and
(i) above.
(A) If the child was withdrawn from
public or private 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 or private school.
(B) 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.
(b) The person administering the
examination shall:
(A) Score or provide for
the scoring of the examination; and
(B) Report the results of the examination to
the parent or legal guardian.
(c) 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.
(6) Testing for grade levels 3, 5,
8, and 10 shall occur in the third, fifth, eighth, and tenth year ending August
15. The first year is defined as when the child is seven on September 1, or
earlier at the parent's discretion.
(7) Test score results shall be evaluated as
follows:
(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.
(c) If the
composite test score of the child continues to show a declining score, the
superintendent of the education service district may:
(A) Allow the child to continue under the
educational supervision of a licensed teacher selected by the parent or legal
guardian, at the expense of 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;
(B)
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
(C) 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.
(d) 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 school for a period not to exceed 12 consecutive months as
determined by the superintendent.
(e) 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 subsection (5) of this
section.
(8) Procedures
for homeschooling students with disabilities are set out in OAR
581-021-0029.
(9) A test
administrator shall certify that the administrator is qualified and neutral as
defined in this rule with respect to a child being tested.
(10) All costs for the test instrument,
administration, and scoring are the responsibility of the parent.
(11) The parent of a child who turns six
after September 1 shall not be required to provide notice of intent to
homeschool that child until the beginning of the next school year.
(12) Violation of ORS
339.020 or the requirements of
339.035 is punishable as set out in 339.990.
Statutory/Other Authority: ORS
339.030 & ORS
339.035
Statutes/Other Implemented: ORS
339.035
