OAR 581-021-0026
Examination of Children Instructed by Parent, Legal Guardian or Private Teacher

(1)

The following definitions and abbreviations apply to OAR 581-021-0026 (Examination of Children Instructed by Parent, Legal Guardian or Private Teacher) unless otherwise specified within the rule:

(a)

“Approved Tests” Tests approved for assessment of satisfactory progress by home school students are the two most recent versions of the following tests;

(A)

California Achievement Test;

(B)

Comprehensive Tests of Basic Skills;

(C)

Iowa Tests of Basic Skills/Tests of Achievement and Proficiency;

(D)

Metropolitan Achievement Battery;

(E)

Stanford Achievement Test 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 (Exemptions from compulsory school attendance)(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 (Exemptions from compulsory school attendance)(1)(c) or (1)(d).

(i)

For the purposes of OAR 581-021-0026 (Examination of Children Instructed by Parent, Legal Guardian or Private Teacher) 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 (Exemptions from compulsory school attendance)(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 home schooling.

(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 home schooled 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 (Home Schooling for Children with Disabilities).

(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 home school that child until the beginning of the next school year.

(12)

Violation of ORS 339.020 (Duty to send children to school) or the requirements of 339.035 (Teaching by private teacher, parent or guardian) is punishable as set out in 339.990 (Penalties).

Source: Rule 581-021-0026 — Examination of Children Instructed by Parent, Legal Guardian or Private Teacher, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-021-0026.

581‑021‑0009
Exemptions 581‑021‑0013
Child Development Specialist Programs 581‑021‑0017
Dental Screening Certification 581‑021‑0019
Interdistrict Transfer Agreement 581‑021‑0020
District School Board Proceedings 581‑021‑0022
Student Evaluation 581‑021‑0023
Mercury Elimination Policy 581‑021‑0026
Examination of Children Instructed by Parent, Legal Guardian or Private Teacher 581‑021‑0029
Home Schooling for Children with Disabilities 581‑021‑0030
Limitation on Administration and Utilization of Tests in Public Schools 581‑021‑0031
Vision Screening 581‑021‑0033
Interscholastic Activities Eligibility Requirement for Home School Students 581‑021‑0037
Administration of Medication 581‑021‑0038
Minimum Requirements for School District Sexual Harassment Policies 581‑021‑0041
Form and Protocol for Sports Physical Examinations 581‑021‑0043
Displaying Sovereign Tribal Government’s Flags in Public Schools 581‑021‑0045
Discrimination Prohibited 581‑021‑0046
Program Compliance Standards 581‑021‑0047
Prohibits Public Schools from using Native American Mascots 581‑021‑0050
Minimum Standards for Student Conduct and Discipline 581‑021‑0055
Standards of Conduct 581‑021‑0060
Discipline Procedures, Prohibition of Corporal Punishment 581‑021‑0061
Corporal Punishment 581‑021‑0065
Suspension 581‑021‑0070
Expulsion 581‑021‑0071
District Information for Parents and Students Regarding the Availability of Alternative Education Programs 581‑021‑0072
Registration of Private Alternative Programs/Schools 581‑021‑0073
Denial, Suspension, or Revocation of Registration of Private Alternative Program/School Procedure 581‑021‑0075
Distribution 581‑021‑0076
Exemption from Compulsory Attendance 581‑021‑0077
Compulsory Attendance Notices and Citation 581‑021‑0081
Student Absences 581‑021‑0100
School Traffic Patrols 581‑021‑0110
Tobacco Free Schools 581‑021‑0200
Standard Education for Oregon Students 581‑021‑0210
Evaluating Student Transcripts 581‑021‑0220
Definitions 581‑021‑0225
Records of Law Enforcement Units 581‑021‑0230
The Rights of Parents 581‑021‑0240
The Rights of Eligible Students 581‑021‑0250
An Educational Agency or Institution’s Policy Regarding Student Education Records 581‑021‑0255
Transfer of Student Education Records 581‑021‑0260
An Educational Agency or Institution’s Annual Notification 581‑021‑0265
Confidentiality of Student Education Records 581‑021‑0270
Rights of Inspection and Review of Education Records 581‑021‑0280
Fees for Copies of Education Records 581‑021‑0290
Limitations on the Right to Inspect and Review Records 581‑021‑0300
A Parent or Eligible Student’s Request for Amendment of a Student’s Education Records 581‑021‑0310
Right to a Hearing to Challenge Content 581‑021‑0320
Minimum Requirements for the Conduct of a Hearing 581‑021‑0330
Prior Consent to Disclose Information 581‑021‑0340
Exceptions to Prior Consent 581‑021‑0350
Limitations on the Redisclosure of Information 581‑021‑0360
Conditions for the Disclosure of Information to Other Educational Agencies or Institutions 581‑021‑0370
Conditions for the Disclosure of Information for Federal or State Program Purposes 581‑021‑0371
Conditions for Disclosure of Information to Comply with Judicial Order or Subpoena 581‑021‑0372
Conditions for the Disclosure of Information When Legal Action Initiated 581‑021‑0380
Conditions for the Disclosure of Information in Health and Safety Emergencies 581‑021‑0390
Conditions for the Disclosure of Directory Information 581‑021‑0391
Conditions for the Disclosure of Information to Juvenile Justice Agencies 581‑021‑0400
Recordkeeping Requirements 581‑021‑0410
Filing a Federal Complaint 581‑021‑0420
Civil Action 581‑021‑0430
The Distribution of Rules Relating to Student Records 581‑021‑0505
Radio Frequency Identification Device Policy for Student 581‑021‑0510
Fingerprinting: Definitions 581‑021‑0511
Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses 581‑021‑0512
Non-employment criminal background checks for school districts 581‑021‑0550
Definitions: Restraint and Seclusion 581‑021‑0553
Use of Restraint and Seclusion in Public Education Programs 581‑021‑0556
Procedures Regarding Restraint and Seclusion 581‑021‑0563
Approval of Restraint and Seclusion Training Programs for School Staff 581‑021‑0566
Required Use of Approved Restraint and Seclusion Programs 581‑021‑0568
Standards for Seclusion Rooms 581‑021‑0569
Use of Seclusion Cells Prohibited 581‑021‑0570
Complaint Procedures 581‑021‑0576
Definitions 581‑021‑0578
School District Eligibility to Offer a Post Graduate Scholar Program 581‑021‑0579
Student Eligibility to Participate in a Post Graduate Scholar Program 581‑021‑0580
Definitions 581‑021‑0582
Establishment 581‑021‑0584
Oregon State Seal of Biliteracy
Last Updated

Jun. 8, 2021

Rule 581-021-0026’s source at or​.us