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Nearly every year, Home School Legal Defense Association hears from member families who have received a letter from their Education Service District (ESD) demanding that standardized test results be submitted by a certain date. This year the Northwest Regional ESD has demanded that test results be submitted by August 31, 2006.
In their request, the Northwest Regional ESD threatened families who fail to submit their test results by this date with a class C violation citation and fine. In addition, Northwest stated that they would notify the resident school district of the homeschool programs’ “noncompliance.”
After receiving a copy of this letter, we immediately contacted the superintendent of the Northwest Regional ESD and pointed out that under Oregon law there is no deadline for the submission of these test results. Oregon Administrative Rules, chapter 581, rule 581-021-0026 only requires a parent to administer the test no later than August 15 and submit the results if they are requested by the ESD.
In our opinion, an ESD has no legal authority to set a date when the test results must be submitted, let alone threaten parents with court action if they fail to comply with a nonexistent deadline. If you have an approved test administered by August 15 you should submit the results when you receive them and have been requested by the ESD to do so.
We expect the Northwest Regional ESD to back down from their demand for all results to be submitted by August 31. HSLDA is committed to defending any member family whose results will be delayed beyond any “deadline” set by their local ESD.
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