Bill Text: OR SB809 | 2013 | Regular Session | Introduced

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Bill Title: Relating to children who are not taught in a public school; declaring an emergency.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB809 Detail]

Download: Oregon-2013-SB809-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3142

                         Senate Bill 809

Sponsored by Senator STARR, Representative BARKER; Senators
  BOQUIST, GEORGE, KNOPP, Representatives CAMERON, GILLIAM,
  THOMPSON

                             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.

  Removes certain examination requirements that apply to children
who are taught by private teacher, parent or legal guardian.
  Declares emergency, effective July 1, 2013.

                        A BILL FOR AN ACT
Relating to children who are not taught in a public school;
  creating new provisions; amending ORS 339.035 and 339.460; 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) 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: - }
   { +  (1) As used in this section:
  (a) 'Homeschooled student' means a child who is taught by a
private teacher, a parent or a legal guardian as described in ORS
339.030 (1)(d) and (e).
  (b) 'Interscholastic activity' includes athletics, music,
speech and other related activities.
  (2) A school district may not deny a homeschooled student the
opportunity to participate in an interscholastic activity if the
homeschooled student fulfills all of the following
conditions: + }
  (a) The   { - student must meet - }   { + homeschooled student
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)(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. - }
   { +  (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:
  (A) Achieving a minimum score on a nationally normed
standardized achievement test from a list adopted by the State
Board of Education by rule. The test must be taken prior to
August 15 each year and shall be used to determine eligibility
for the following school year. The homeschooled student's
composite test score must place the student at or above the 23rd
percentile, based on national norms. The parent or legal guardian
of the homeschooled student must submit the test results to the
school district.
  (B) 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 the homeschooled student. A school
district that adopts requirements under this subparagraph may
include a requirement that the homeschooled student submit a
portfolio of work samples to a school district committee for
review to determine whether the homeschooled student is eligible
to participate in an interscholastic activity.
  (c) The homeschooled student meets the same requirements that
must be met by other students participating in the
interscholastic activity, including:
  (A) Standards for acceptance for participation in the
interscholastic activity; and
  (B) Standards of behavior and performance for the
interscholastic activity, including related class or practice
requirements.
  (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 - }  { +
described in subsection (2) of this section + }. The student may
participate  { + in an interscholastic activity + } 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 - }   { + while attending public school is + } ineligible to
participate in   { - interscholastic activities - }   { + an
interscholastic activity + } 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 at - }   { + meet the requirements described in
subsection (2)(b) of this section by + } 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 2. 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) 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.
   { +  (3) + }   { - 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.
   { +  (4) + } The education service district shall acknowledge
receipt of   { - any - }  notification  { + received under this
section + } 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. - }
    { - (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, 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 a disability 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 a
disability 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 a disability 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 3.  { + The amendments to ORS 339.035 and 339.460 by
sections 1 and 2 of this 2013 Act apply to children taught by a
private teacher, parent or legal guardian on or after July 1,
2013. + }
  SECTION 4.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect July 1,
2013. + }
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