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OREGON

ESD requires tests prematurely

A member family recently contacted Home School Legal Defense Association after receiving an erroneous letter from the Linn Benton Lincoln Education Service District (ESD). The letter stated that all three of the family's children were required to be tested this year and that the test results must be submitted to the district by September 30, 2004. HSLDA Attorney Thomas Schmidt quickly responded to the ESD, pointing out that according to Oregon law, none of the children were actually required to be tested.

Oregon Administrative Rules § 581-021-0026(6) states that testing for grade levels 3, 5, 8, and 10 shall occur in the third, fifth, eighth, and tenth years ending August 15. The first year is defined as the year in which the child is 7 on September 1, or earlier at the parent's discretion. Schmidt informed the ESD that since the children's "first" school years, according to the statute, were 1997–1998, 2000–2001, and 2002–2003 respectively, they would only be in their seventh, fourth, and second years of homeschooling from 2003–2004. Therefore, the statute did not require any of the children to be tested.

Schmidt also reminded the ESD that state law does not authorize their deadline of September 30, 2004, for test score submission. OAR § 581-021-0026(5) requires only that such testing be completed by August 15. While a homeschooling parent or legal guardian must submit the results of the examination to the ESD if the ESD requests them, there is no deadline for submission of test scores. A reasonable time period should be inferred to allow for proper grading and receipt of the results from the testing company.

If you experience any difficulty with your ESD assigning incorrect grades to your children or establishing unauthorized deadlines, please do not hesitate to contact HSLDA.

— by Thomas J. Schmidt