The Home School Court Report
No. 2

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Testing Issue Resolved

A member family in the Lane Education Service District (ESD) was alarmed to receive notice that their child had been removed from the homeschool list. According to the Lane ESD, because Mr. and Mrs. Church (name changed to protect privacy) had not submitted test results for their child for the 2008–09 school year, the child was no longer in compliance with the law and had been removed from the list. The ESD said the Churches could re-enroll their child as a homeschool student when they submitted test results.

Mr. and Mrs. Church contacted us for assistance. HSLDA Staff Attorney Thomas Schmidt went over the letter and spoke with the family about their situation. It quickly became obvious that they were not in violation of Oregon law. According to their child’s date of birth, the parents were not required to submit 5th-grade test results until after theend of the 2009–10 school year.

Schmidt wrote a letter to the Lane ESD and pointed out that under Oregon law parents are required to test their children in grades 3, 5, 8, and 10 (or in the third, fifth, eighth, and tenth year of schooling). According to Oregon law, first grade (or the first year) begins when a student turns 7 by September 1. While a parent could start earlier, this is the grade level presumed under the law.

Schmidt informed the ESD that the date of birth clearly indicated that the child would not be in the 5th grade until the 2009–2010 school year, at the end of which Mr. and Mrs. Church would have their child tested. Schmidt told the ESD to promptly reinstate the child as homeschooled since the family was in compliance with the law. We expect no further difficulties for the Church’s homeschool.

— by Thomas J. Schmidt