More and more parents are choosing to homeschool their children these days. It makes sense. There are all sorts of reasons to go this education route. Some families aren't satisfied with the quality of education offered by their local districts. Some are worried about bullying or the trauma caused by regular lockdown drills. Your child might suffer from a disability you feel is better handled at home than in a traditional classroom. Or you might simply want more bonding time with your child as they grow and develop.
As the popularity of homeschooling continues to increase and opportunities continue to expand, this approach to education has increasingly become a hot-button political topic, with government officials on all sides of the spectrum looking to balance the freedom of families with the right of all children to a competent education. While you have the right to decide how your child is educated, the government also maintains the right to protect your child's interests.
As a result of all these competing forces, education law is in a constant state of flux, with rules and regulations changing all the time. If you're going to make the most out of homeschooling, it is important you stay up-to-date on all of these changes, that you understand the law, and that you recognize in concrete terms how laws and policies affect what you teach your children.
The best way to safeguard your family's interests? The Lento Law Firm's Education Law Team is committed to ensuring all students are treated fairly and that they have the best possible access to education resources that fit their particular needs. We know federal and Oregon law, and we can help guide you through its complexities.
Below, you'll find important information on a variety of topics related to homeschooling in Oregon. Before you get to any of that, though, you need to know that the Lento Law Firm is always on your side. For more information on what we can do for you and your child, call 888-535-3686 or take a few minutes right now and fill out our online form.
Oregon Law on Homeschooling
As a starting point, you need to know specifically what the law has to say about homeschooling in Oregon, both in terms of your rights and your responsibilities.
Oregon education is outlined in Chapter 339 of Oregon state law. That chapter sets up the Oregon Department of Education (ODE) and establishes rules regarding “school attendance; admission; discipline; and safety.” It also sets up some important rights regarding homeschooling.
- Section 30 lays the foundation for homeschooling by establishing an exemption from compulsory public school attendance for students who are taught at home.
- Section 35 allows children to be taught by parents, legal guardians, or a private teacher.
- Section 460 provides homeschooled students the opportunity to participate in interscholastic activities hosted by the local school district. This ensures your child isn't left out of opportunities for social growth.
These are your primary rights under the law. You also have a number of responsibilities. The first of these is to ensure that your child is being educated. The U.S. Constitution guarantees all children the right to an equal education, and there are no exceptions. You can choose to withdraw your child from public school, but you must provide them with a K-12 level education.
Oregon law is relatively uncomplicated when it comes to homeschooling. In addition to the general mandate that all children receive an education, the only real requirement you're subject to is Oregon Administrative Rule OAR 581-021-0026. That rule requires all homeschooled children to undergo regular standardized testing at the end of years 3, 5, 8, and 10.
Finally, you should know that you are required to inform your school district within ten days of withdrawing your child from school.
Testing Requirements
Because testing is such an important part of the homeschooling system in Oregon, let's turn to a full discussion of the rules and regulations.
Many parents initially choose homeschooling in order to avoid excess standardized testing. And it is true that homeschooling can allow you to avoid some testing as well as efforts by school districts to “teach to the exams.” However, you should know that testing is the means by which Oregon establishes whether or not children are learning at an appropriate level. In that sense, it is necessary for homeschooling to work.
You must have your children tested before the end of grades 3, 5, 8, and 10. Oregon requires you to use a national standardized exam, but you have a choice. You can use the
- Iowa Test of Basic Skills
- Stanford 9th and 10th Editions
- Terra Nova Cat 3
In addition, school districts are authorized to accept portfolios of student work in lieu of standard test scores. However, this is up to individual districts.
In those years when testing is mandated, you must turn in results no later than August 15.
There are some additional rules you should be aware of.
- Tests must be administered by a state-approved tester. Your district will maintain a complete list of testers. In recent years, the state legislature has also allowed for virtual testing.
- You are responsible for covering all testing costs.
- You are required to provide copies of exam scores to your local district upon request.
- You have an 18-month grace period from the time you begin homeschooling before testing must begin.
- If your child chooses to participate in interscholastic activities, they must undergo testing every year. They must also score in at least the 23rd percentile and meet whatever disciplinary requirements the local school district sets.
Curriculum
As long as your child is meeting test score minimums, you have tremendous flexibility in choosing a curriculum. There are numerous companies that publish learning materials, or you can use the Oregon Academic Content Standards as a guideline for mapping out studies in individual subjects.
However, you should be aware that if your child scores below the 15th percentile on their standardized tests or if their test scores drop significantly from one test to the next, the school district has the authority to tighten curriculum conditions.
In addition, you should keep in mind that if you decide to return your child to public school once they've reached high school age, the high school itself gets to decide what credit to award for their homeschooling work.
Finally, while many colleges have begun to accept homeschool transcripts in place of high school diplomas, not all have made this change. Further, apprenticeship programs, trade schools, and the military do not accept homeschool transcripts. In these instances, you'll want to look into options for taking the GED.
Disabilities
If your child has a disability, you know education can be particularly challenging for them. That's just as true if you are homeschooling them as it is if they are attending a public school.
The good news is they are protected. The bad news is, as the person responsible for their education, those protections put an extra burden on you.
The Americans with Disabilities Act (ADA) gives important rights to all persons with disabilities. These include the right to equal access to facilities and fair treatment when it comes to things like college and job applications. The Individuals with Disabilities in Education Act (IDEA) extends disabled rights specifically in the area of education. It's important to remember that these laws apply not just to those with physical disabilities like hearing impairment, visual impairment, and spinal cord injuries. Learning disabilities, like ADD, ADHD, and dyslexia, are covered as well.
Under state and federal law, local school districts are legally required to ensure all children with disabilities are provided an education equal to that of their peers. When it comes to this responsibility, the law does not distinguish between children enrolled in public schools, private schools, charter schools, and those being homeschooled. In fact, when a disabled child isn't properly educated, the district can be held liable.
What this means is that if your child is disabled, you may face additional requirements and regulations in developing their curriculum. For example, your local district is required under Oregon law to test every child in the district for learning disabilities, whether they attend public school or not.
The district must also develop an Individual Education Plan (IEP) for your child, and you need to keep up with this IEP in order to make sure your child has access to materials and resources.
Problems That Can Arise
Oregon is relatively welcoming when it comes to homeschooling. There are few restrictions to removing your child from public schools; you can use virtually any curriculum, and there is no regular monitoring system.
That doesn't mean homeschooling in Oregon is always a simple, straightforward process. Plenty of things can go wrong.
- Questions about the effectiveness of your curriculum: Most schools and districts feel threatened when kids switch to homeschooling. One way they try to limit how many students withdraw is by raising questions about homeschool curriculums. Oregon law, though, gives you an enormous amount of freedom to define your child's education as you see fit.
- A drop in test scores: The law does say that your child's local district can impose special requirements on their curriculum if their test scores should fall. However, scores can fall for a variety of reasons, and there are arguments you can make to ensure you remain in control of your child's education even if they're not meeting standards.
- Fulfilling all requirements: You do have to deal with some Oregon state requirements when it comes to homeschooling. There are minimum test standards, there are rules about who can conduct testing, and there are deadlines for turning in test results. Your Lento Law Firm attorney can keep you organized and up-to-date on all of these requirements.
- Extracurricular restrictions: Homeschooled children sometimes face unfair restrictions when they choose to participate in interscholastic activities like sporting events. Your Lento Law Firm attorney can negotiate fair treatment for your child and make sure they're allowed the same opportunities as other students.
Beyond any of these services, the Lento Law Firm attorney is always up to date on Oregon educational law. They can keep you apprised of any changes to homeschooling laws and policies and make sure you're prepared before those laws and policies are implemented.
Processes and Procedures
Under the law, you and your family always have the right to due process. What that means is that the government, including school districts, the Oregon Department of Education, and the U.S. Department of Education, must give you a fair opportunity to defend yourself when you've been accused of violating law or policy.
If, for instance, your child's school district accuses your homeschool curriculum of being ineffective, it must explain the charge to you, provide you with clear evidence of its assertion, and give you the opportunity to respond to those charges.
Your district should have some type of hearing process in place that allows you to contest any decisions it makes regarding your child's education. As part of that process, you should have the right to offer arguments, introduce evidence to support those arguments and call witnesses to testify. You also have the right to raise questions about any piece of district evidence and to cross-examine any district witnesses.
Perhaps most importantly, you have the right to hire an attorney to represent you in any matter. Someone from the Lento Law Firm can build your defense, find and develop evidence, and conduct all aspects of your case during the hearing.
It's not always necessary to insist on a full hearing, though, to get what you want. Your Lento Law Firm attorney will also be highly experienced at negotiating with your district or the state of Oregon. We're always on your side and determined to get you the best possible resolution to your case, no matter what situation you might be facing.
What Can the Lento Law Firm Do For You?
You don't have carte blanche as a parent. You have certain responsibilities to care for your child and to provide them with all they need to grow and develop. Within those parameters, though, you should have as much freedom as possible to parent as you see fit.
That applies to education just as it does to any other aspect of parenting. The Lento Law Firm is on your side and ready to protect your rights any time they are called into question. Our Education Law Team knows how school districts and governments operate, and we're determined to make sure that they don't misuse or abuse their authority.
If you're homeschooling your child and come up against resistance of any kind, we can help. Contact the firm today at 888-535-3686 or fill out our online questionnaire.
