Legal / Legislative Updates

OREGON

ESD rejects 93rd-percentile test results

AHome School Legal Defense Association member in the Linn Benton Lincoln Education Service District (ESD) recently contacted us after they received a letter from the ESD. The Davis* family had submitted standardized test results this year for their 9-year-old child, who completed 5th grade during the 2004–2005 school year. However, the ESD stated that homeschool students could not test “early” and that the 5th-grade California Achievement Test, with a composite score in the 93rd percentile, would only count as the child’s 3rd-grade test.

Under Oregon law, testing is to occur in the 3rd, 5th, 8th, and 10th grades in the third, fifth, eighth, and tenth years. The “first” year is defined as when the child is 7 on September 1, or earlier at the parent’s discretion. Under the law, a 9-year-old child will be assumed to be in the “third year” of homeschooling unless a parent determines he is in a higher grade level (as the Davis family had done for their child).

To complicate matters, the Linn Benton Lincoln ESD had requested the test results from the Davis family three years ago! Instead of requesting the results in the year that they were required, the ESD had requested them back when Mr. and Mrs. Davis submitted their notice of intent.

Oregon Revised Statutes § 339.035 requires a parent to submit the test results to the ESD upon request. It is HSLDA’s opinion that this request is to be made in the year when testing is required, not a year or two in advance.

HSLDA Staff Attorney Thomas Schmidt contacted the Linn Benton Lincoln ESD and informed them that under Oregon law, parents may advance their child and test him or her early. Schmidt pointed out that it was ludicrous, not to mention beyond the ESD’s authority, to insist that the child be given another 5th-grade test when the child had already scored in the 93rd percentile on the test and that the ESD needed to recognize the Davises’ right to determine their child’s actual grade level.

Whether a parent determines the grade level, or the statutory “first year when 7 on September 1st” is used, a child should always be tested in the 3rd, 5th, 8th, and 10th grades. If the ESD requests the scores in a year that the child is to be tested, then parents are required to submit the results. If an ESD requests the results in a year the child is not required to be tested, simply notify the public school officials and be prepared to submit results for the next testing year. If you have any difficulties with your ESD in this regard, please don’t hesitate to contact HSLDA.

* Name changed to protect family’s privacy.