Here is what the HSLDA says (http://www.hslda.org/laws/analysis/Oregon.pdf):
OREGON
Compulsory Attendance Ages: “between the ages of 7 and 18 years who have not completed the
twelfth grade.” Or. Rev. Stat. § 339.010.
Required Days of Instruction: None.
Required Subjects: None.
Home School Statute: ORS §§ 339.030(1)(d) and 339.035; Or. Admin. Rules 581-021-0026 and 581-
021-0029.
Children are exempt from public school if they are “being educated in the children’s home by a parent or
legal guardian.” ORS § 339.030 (1)(e). A parent may home school under this law provided the
requirements below are followed:
1. The parent or guardian must notify the education service district (ESD) in writing within 10 days
when a child is taught at home or is withdrawn from a public school to be taught at home. When a
child moves to a new ESD, the parent or guardian must notify the new ESD in writing within 10 days
of such occurrence. Annual notification is not required. ORS § 339.035 (2). OAR 581-021-0026 (4).
The notice must include the child’s and parent’s names and addresses, the child’s birth date, and the
name of the school the child is presently attending or last attended or, if the child has not attended
school, the name of the public school district where the child resides. OAR 581-021-0026 (1)(f).
2. The ESD is required to acknowledge receipt of the notice of intent in writing within 90 days of
receipt of the notification. ORS § 339.035 (2) and OAR 581-021-0026 (4)(a).
3. The parent of a child who turns seven (7) after September 1 shall not be required to provide notice of
intent to home school until the beginning of the next school year. OAR 581-021-0026 (11).
4. A home school cannot be a private school. ORS § 345.505(2).
5. In Pierce v. Society of Sisters, 268 U.S. 1076 (1925) the U.S. Supreme Court struck down an Oregon
law which required all children to attend public school. The Court declared: “The fundamental theory
of liberty upon which all governments in this Union repose excludes any general power of the state to
standardize its children by forcing them to accept instruction from public teachers only. The child is
not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled
with the high duty, to recognize and prepare him for additional obligations.” The Court emphasized
that “the liberty of parents and guardians to direct the upbringing and education of children under
their control” is guaranteed by the 14th Amendment. Pierce at 1078.
Teacher Qualifications: None.
Standardized Tests: ORS § 339.035(3)-(5).
Oregon OR-2
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1. Parents must choose one of the comprehensive examinations approved by the State Board of
Education which must be administered in grades 3, 5, 8, and 10 by “a qualified neutral person,” as
defined by the State Board of Education. ORS § 339.035(3). Testing shall occur no later than August
15. OAR 581-021-0026 (5).
2. If the child was withdrawn from public school, the first examination must be administered at least
18 months after the date the child was withdrawn from public school. If the child never attended
public or private school, the first examination must be administered to the child prior to the end of
grade 3. ORS § 339.035(3); OAR 581-021-0026 (5).
3. The person administering the examination shall score it and report the results to the parent or legal
guardian. Test results are reported to the ESD only if the superintendent of the ESD requests them.
ORS § 339.035(3)(c) and (d); OAR 581-021-0026 (5)(b) and (c).
4. If the composite score on the examination is below the 15th percentile, the child must be given an
additional examination within one year. If the score on the second examination is a lower percentile
than the previous examination, the child must be given an additional examination within one year of
when the second examination was given, and the superintendent of the ESD may place the education
of the child under a certified teacher selected by and at the expense of the parent or guardian. ORS
§ 339.035(4); OAR 581-021-0026 (7)(a) and (b).
5. If the composite score on the third examination continues to decline, the superintendent of the ESD
may: (1) allow the home schooling to continue under the supervision of a certified teacher selected by
the parent or guardian and require an additional examination within one year; (2) allow the child to be
taught by the parent, guardian, or private teacher and require an additional examination within one
year; or (3) order the parent or guardian to send the child to school for a period not to exceed
12 consecutive months. ORS § 339.035 (4); OAR 581-021-0026 (7)(c).
6. If the composite score on an examination is equal to or greater than the percentile score on the prior
test, the child may be taught by a parent, guardian, or private teacher without any previous restrictions
imposed because of a declining score. ORS § 339.035 (4)(d); OAR 581-021-0026 (7)(e).
A child with disabilities is to be evaluated for satisfactory educational progress according to the method
recommended in the individualized education plan (IEP) or privately developed plan. No testing of these
students is required unless recommended in their respective plans. ORS § 339.035 (5); OAR 581-021-0029
