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8/9/2010 4:31:58 PM
Home School Legal Defense Association
Oregon--Testing Deadline Approaching

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From the HSLDA E-lert Service...
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Oregon--Testing Deadline Approaching

Dear HSLDA Members:

As many of you already know, homeschool students who have completed
the 3rd, 5th, 8th, or 10th grade this year must be given an approved
test by August 15 under Oregon law.

According to Oregon Administrative Rules, chapter 581, rule
581-021-0026, testing for grade levels 3, 5, 8, and 10 shall occur in
the third, fifth, eighth, and tenth year ending August 15. The first
year is defined as when the child is 7 on September 1, or earlier at
the parent's discretion.

While a parent must have their child tested by August 15, the results
do not need to be submitted unless the Education Service District
(ESD) has requested them. Many of the ESD's in Oregon regularly
request the test results.

Each year HSLDA is contacted by member families who have received a
letter from their ESD demanding that the results be submitted by a
certain date. In past years some ESD's have demanded that the test
results be in by August 31. If this happens in your ESD, please let us
know, as there is no deadline under Oregon law by which the test
results must be submitted.

In our opinion, the ESD has no legal authority to set a date when the
test results must be submitted. As long as you have the test
administered by August 15, you would only need to submit the results
once you receive them. But only submit the results if you have been
requested by the ESD to do so. HSLDA is committed to defending any
member family whose results will be delayed beyond any "deadline" set
by their local ESD.

In Oregon, any one of the two most recent versions of the following
tests may be administered by a qualified neutral person:

> The California Achievement Test;
> The Comprehensive Tests of Basic Skills;
> The Iowa Test of Basic Skills/Tests of Achievement and Proficiency;
> The Metropolitan Achievement Battery;
> The Stanford Achievement Test Battery.

As long a child scores at the 15th percentile or higher, he or she is
automatically deemed to have made adequate progress. If you believe
your child will have difficulty making the 15th percentile, please
contact us so that we might assist you in developing a privately
developed plan (PDP) which can address the testing requirements.

May God truly bless your family as you teach your children at home.

Sincerely,

Thomas J. (Tj) Schmidt
HSLDA Staff Attorney

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