339.030 Exemptions from compulsory school attendance; rules.

1. In the following cases, children shall not be required to attend public full-time schools:
   1. Children being taught in a private or parochial school in the courses of study usually taught in grades 1 through 12 in the public schools and in attendance for a period equivalent to that required of children attending public schools in the 1994-1995 school year.
   2. Children proving to the satisfaction of the district school board that they have acquired equivalent knowledge to that acquired in the courses of study taught in grades 1 through 12 in the public schools.
   3. Children being taught for a period equivalent to that required of children attending public schools by a private teacher the courses of study usually taught in grades 1 through 12 in the public school.
   4. Children being educated in the children’s home by a parent or legal guardian.
   5. Children excluded from attendance as provided by law.
2. The State Board of Education by rule shall establish procedures whereby, on a semiannual basis, an exemption from compulsory attendance may be granted to the parent or legal guardian of any child 16 or 17 years of age who is lawfully employed full-time, lawfully employed part-time and enrolled in school, a community college or an alternative education program as defined in ORS 336.615. An exemption also may be granted to any child who is an emancipated minor or who has initiated the procedure for emancipation under ORS 419B.550 to 419B.558.

1. As used in this section, “education service district” means the education service district that contains the school district of which the child is a resident.
2. When a child is taught or is withdrawn from a public school to be taught by a parent, legal guardian or private teacher, as provided in ORS 339.030, the parent, legal guardian or private teacher must notify the education service district in writing. In addition, when a child who is taught by a parent, legal guardian or private teacher moves to a new education service district, the parent, legal guardian or private teacher shall notify the new education service district in writing. The education service district shall acknowledge receipt of any notification in writing.
3. Children being taught as provided in subsection (2) of this section shall be examined at grades 3, 5, 8 and 10 in accordance with the following procedures:
   1. The State Board of Education shall adopt by rule a list of approved comprehensive examinations that are readily available.
   2. 1. The parent or legal guardian shall select an examination from the approved list and arrange to have the examination administered to the child by a qualified neutral person, as defined by rule by the State Board of Education.
      2. If the child was withdrawn from public school, the first examination shall be administered to the child at least 18 months after the date on which the child was withdrawn from public school.
      3. If the child never attended public or private school, the first examination shall be administered to the child prior to the end of grade three.
   3. The person administering the examination shall:
      1. Score the examination; and
      2. Report the results of the examination to the parent or legal guardian.
   4. Upon request of the superintendent of the education service district, the parent or legal guardian shall submit the results of the examination to the education service district.
4. 1. (a) If the composite test score of the child places the child below the 15th percentile based on national norms, the child shall be given an additional examination within one year of when the first examination was administered.
   2. If the composite test score of the child on the second examination shows a declining score, then the child shall be given an additional examination within one year of when the second examination was administered and the superintendent of the education service district may:
      1. Allow the child to continue to be taught by a parent, legal guardian or private teacher; or
      2. Place the education of the child under the supervision of a person holding a teaching license who is selected by the parent or legal guardian at the expense of the parent or legal guardian. If the composite test score of the child continues to show a declining score, the superintendent of the education service district may:
      1. Allow the child to continue under the educational supervision of a licensed teacher selected by the parent or legal guardian and require that the child be given an additional examination within one year of when the last examination was administered;
      2. Allow the child to be taught by a parent, legal guardian or private teacher and require that the child be given an additional examination within one year of when the last examination was administered; or
      3. Order the parent or legal guardian to send the child to school for a period not to exceed 12 consecutive months as determined by the superintendent.
   3. If the parent or legal guardian of the child does not consent to placing the education of the child under the supervision of a licensed teacher who is selected by the parent or legal guardian, then the superintendent of the education service district may order the child to return to school for a period not to exceed 12 consecutive months as determined by the superintendent.
   4. If the composite test score of the child on an examination is equal to or greater than the percentile score on the prior test, the child may be taught by a parent, legal guardian or private teacher and for the next examination be examined pursuant to paragraph (a) of this subsection or subsection (3) of this section.
5. 1. Notwithstanding the examination requirements of subsections (3) and (4) of this section, the parent or legal guardian of a child with disabilities who has an individualized education plan and is receiving special education and related services through the school district or who is being educated in accordance with a privately developed plan shall be evaluated for satisfactory educational progress according to the recommendations of the plan.
   2. The parent or legal guardian of a child with disabilities who was evaluated by service providers selected by the parent or legal guardian based on a privately developed plan shall submit a report of such evaluation to the education service district in lieu of the examination results required by subsections (3) and (4) of this section.
   3. A child with disabilities described in this subsection shall not be subject to the examination requirements of subsections (3) and (4) of this section unless the examination is recommended in the plan in effect for the child.

1. Homeschooled students shall not be denied by a school district the opportunity to participate in all interscholastic activities if the student fulfills the following conditions:
   1. The student must meet all school district eligibility requirements with the exception of:
      1. The school district’s school or class attendance requirements; and
      2. The class requirements of the voluntary association administering interscholastic activities.
   2. 1. The student must achieve a minimum score on an examination from the list adopted by the State Board of Education pursuant to ORS 339.035. The examination shall be taken at the end of each school year and shall be used to determine eligibility for the following year. The minimum, composite test score that a student must achieve shall place the student at or above the 23rd percentile based on national norms. The parent or legal guardian shall submit the examination results to the school district; or
      2. A school district may adopt alternative requirements, in consultation with the parent or legal guardian of a homeschooled student, that a student must meet to participate in interscholastic activities, including but not limited to a requirement that a student submit a portfolio of work samples to a school district committee for review to determine whether a student is eligible to participate in interscholastic activities.
   3. Any public school student who chooses to be homeschooled must also meet the minimum standards as described in paragraph (b) of this subsection. The student may participate while awaiting examination results.
   4. Any public school student who has been unable to maintain academic eligibility shall be ineligible to participate in interscholastic activities as a homeschooled student for the duration of the school year in which the student becomes academically ineligible and for the following year. The student must take the required examinations at the end of the second year and meet the standards described in paragraph (b) of this subsection to become eligible for the third year.
   5. The homeschooled student shall be required to fulfill the same responsibilities and standards of behavior and performance, including related class or practice requirements, of other students participating in the interscholastic activity of the team or squad and shall be required to meet the same standards for acceptance on the team or squad. The homeschooled student must also comply with all public school requirements during the time of participation.
   6. A homeschooled student participating in interscholastic activities must reside within the attendance boundaries of the school for which the student participates.
2. As used in this section:
   1. “Board” means the State Board of Education.
   2. “Homeschooled students” are those children taught by private teachers, parents or legal guardians as described in ORS 339.030.
   3. “Interscholastic activities” includes but is not limited to athletics, music, speech, and other related activities.

1. The State Board of Education shall adopt academic content standards and requirements for the Certificate of Initial Mastery and for Certificate of Initial Mastery subject area endorsements.
2. The State Board of Education shall prescribe the academic content standards, pursuant to ORS 329.025 and 329.035, that a student must meet in order to obtain the Certificate of Initial Mastery or a Certificate of Initial Mastery subject area endorsement. The Certificate of Initial Mastery and the Certificate of Initial Mastery subject area endorsements shall be based on a series of performance-based assessments and content assessments benchmarked to mastery levels. The assessment methods shall include work samples and tests. The state board shall establish a certificate for students who, with additional services and accommodations, do not meet the standards for the Certificate of Initial Mastery. Students shall be allowed to collect credentials over a period of years, culminating in a project or exhibition that demonstrates attainment of the required knowledge and skills that have been measured by a variety of valid assessment methods.
3. Requirements for the Certificate of Initial Mastery or a Certificate of Initial Mastery subject area endorsement shall:
   1. Ensure that students have the necessary knowledge and demonstrate the skills to read, write, problem solve, reason and communicate;
   2. Ensure that students have the opportunity to demonstrate the ability to learn, think, retrieve information and use technology;
   3. Ensure that students have the opportunity to demonstrate that they can work effectively as individuals and as an individual in group settings; and
   4. Ensure that student assessment is based on academic content standards.
4. 1. (a) The state board shall establish the minimum number of work samples that a student must complete in each subject to receive the Certificate of Initial Mastery or to receive a Certificate of Initial Mastery subject area endorsement.
   2. If a school district receives the approval of the Department of Education, the school district may require a student, as part of the requirements for the Certificate of Initial Mastery or a Certificate of Initial Mastery subject area endorsement, to complete a greater number of work samples for a particular subject than the minimum number established by the state board.
5. The state board shall adopt requirements for the Certificate of Initial Mastery in mathematics, science and English. Each school district shall implement the Certificate of Initial Mastery in mathematics, science and English.
6. In addition, the state board shall adopt requirements for Certificate of Initial Mastery subject area endorsements in history, geography, economics, civics, physical education, health, the arts and second languages. A school district may offer to the students of the school district a Certificate of Initial Mastery subject area endorsement in any of the following:
   1. History, geography, economics and civics.
   2. Physical education.
   3. Health.
   4. The arts.
   5. Second languages.
7. A student may receive a Certificate of Initial Mastery subject area endorsement only if the student has received the Certificate of Initial Mastery.
8. The state board or a school district may not make the creation of a student portfolio a requirement for the Certificate of Initial Mastery or a Certificate of Initial Mastery subject area endorsement.
9. The provisions of this section may be applied individually as appropriate to students enrolled in special education programs under ORS chapter 343.
10. The Department of Education shall develop procedures to accommodate out-of-state students, students taught by a parent, legal guardian or private teacher as described in ORS 339.030, private school students transferring into public schools and migrant children from other states and countries.
11. Nothing in this section is intended to apply the Certificates of Mastery programs or standards to private school students or students taught by a parent, legal guardian or private teacher as described in ORS 339.030.

1. For purposes of the student accounting system required by ORS 339.515, the following definitions shall be used:
   1. “Graduate” means an individual who has:
      1. Not reached 21 years of age or whose 21st birthday occurs during the current school year;
      2. Has met all state requirements and local requirements for attendance, competence and units of credit for high school; and
      3. Has received one of the following:
         1. A high school diploma issued by a school district.
         2. An adult high school diploma issued by an authorized community college.
         3. A modified high school diploma based on the successful completion of an individual education plan.
   2. “School dropout” means an individual who:
      1. Has enrolled for the current school year, or was enrolled in the previous school year and did not attend during the current school year;
      2. Is not a high school graduate;
      3. Has not received a General Educational Development (GED) certificate; and
      4. Has withdrawn from school.
   3. “School dropout” does not include a student described by at least one of the following:
   1. Student has transferred to another educational system or institution that leads to graduation and the school district has received a written request for the transfer of the student’s records or transcripts.
   2. Student is deceased.
   3. Student is participating in home instruction paid for by the district.
   4. Student is being taught by a private teacher, parent or legal guardian pursuant to ORS 339.030 (1)(c) or (d).
   5. Student is participating in a Department of Education approved public or private education program, an alternative education program as defined in ORS 336.615 or a hospital education program, or is residing in a Department of Human Services facility.
   6. Student is temporarily residing in a shelter care program certified by the Oregon Youth Authority or the Department of Human Services or in a juvenile detention facility.
   7. Student is enrolled in a foreign exchange program.
   8. Student is temporarily absent from school because of suspension, a family emergency, or severe health or medical problems which prohibit the student from attending school.
   1. Student has received a General Educational Development (GED) certificate.
   2. The State Board of Education shall prescribe by rule when an unexplained absence becomes withdrawal, when a student is considered enrolled in school, acceptable alternative education programs under ORS 336.615 to 336.665 and the standards for excused absences for purposes of ORS 339.065 for family emergencies and health and medical problems.

1. “Educational services” means instructional programs but does not include programs limited solely to dancing, drama, music, religious or athletic instruction.
2. “Private school” means a private elementary or secondary school operated by a person or by a private agency except as provided in ORS 339.030 (1)(c) or (d), offering education in prekindergarten, kindergarten, or grades 1 through 12 or any part thereof.

1. The following definitions and abbreviations apply to OAR 581-021-0026 unless otherwise specified within the rule:
   1. "Approved Tests" Tests approved for assessment of satisfactory progress by home school students are the two most recent versions of the following tests;
      1. California Achievement Test;
      2. Comprehensive Tests of Basic Skills;
      3. Iowa Tests of Basic Skills/Tests of Achievement and Proficiency;
      4. Metropolitan Achievement Battery;
      5. Stanford Achievement Test Battery.
   2. "Child" means a person between ages 7 and 18 whose parent or parents seek exemption from compulsory school attendance under ORS 339.030(1)(c) or (1)(d).
   3. "Education Service District" means the education service district that contains the school district of which the child is a resident.
   4. "Department" means the Oregon Department of Education;
   5. "Neutral person" means an individual selected by the parent or guardian of the child to be taught at home who has no relationship by bloodline or marriage to the child;
   6. "Notification" means written notice containing:
      1. The child's and the parent's name, address, telephone number (optional), and e-mail address (optional);
      2. The child's birth date; and
      3. The name of the school the child is presently attending, or last attended, or if child has not attended school, the name of the public school district in which the child resides.
   7. "Order" means to provide formal written notice.
   8. "Parent" is the natural parent or legal guardian of a child whom the parent desires to be exempted from compulsory attendance under the provisions of ORS 339.030(1)(c) or (1)(d).
   9. For the purposes of OAR 581-021-0026 only, "Qualified person" is an individual who:
      1. Holds a current personnel service license or teaching license from Oregon Teacher Standards and Practices Commission; or
      2. Has been licensed by the Oregon Board of Psychologist Examiners; or
      3. Has met the publisher's qualifications for purchase, and has purchased at least one test from the list set forth in section (1)(a) of this rule; or
      4. Provides evidence of satisfactory completion of a graduate course in which test administration and interpretation is included in the objective; or
      5. Has previously qualified as a tester pursuant to paragraph (1)(i) of this rule, and has during the previous year administered at least one test from the list set forth in section (1)(a) of this rule.
   10. "Superintendent" is the executive officer of the education service district (ESD).
2. The State Superintendent and the Oregon Department of Education shall make available a list of the test publishers and their addresses.
3. The Department shall make available a list of persons qualified to administer tests under this rule, such list to be updated by July 1 of each year. To be placed on the list, an applicant shall submit to the State Superintendent of Public Instruction evidence that satisfies any one of the requirements stated in subsection (1)(i)(A) through (E) of this rule.
4. When a child is taught or is withdrawn from a public or private school to be taught by a parent, legal guardian or private teacher, as provided in ORS 339.030(1)(c) or (d), the parent, legal guardian or private teacher must notify the education service district in writing within 10 days of such occurrence. In addition, when a child who is taught by a parent, legal guardian or private teacher moves to a new education service district, the parent shall notify the new education service district in writing within 10 days of such occurrence of their intent to continue home schooling.
   1. The ESD must acknowledge in writing receipt of any notification from a parent, legal guardian or private teacher within 90 days of having record of such notification.
   2. The ESD must also notify at least annually, school districts of home schooled students who reside in the school district.
5. Children in grades 3, 5, 8, and 10, being taught as provided in section (4) of this rule, shall be examined no later than August 15 in accordance with the following procedures:
   1. The parent or legal guardian shall select an examination from the list of approved tests provided in subsection (1)(a) above and arrange to have the examination administered to the child by a neutral qualified person as defined in subsections (1)(e) and (i) above.
      1. If the child was withdrawn from public or private school, the first examination shall be administered to the child at least 18 months after the date on which the child was withdrawn from public or private school.
      2. If the child never attended public or private school, the first examination shall be administered to the child prior to the end of grade three.
   2. The person administering the examination shall:
      1. Score or provide for the scoring of the examination; and
      2. Report the results of the examination to the parent or legal guardian.
   3. Upon request of the superintendent of the education service district, the parent or legal guardian shall submit the results of the examination to the education service district.
6. 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 seven on September 1, or earlier at the parent's discretion.
7. Test score results shall be evaluated as follows:
   1. If the composite test score of the child places the child below the 15th percentile based on national norms, the child shall be given an additional examination within one year of when the first examination was administered.
   2. If the composite test score of the child on the second examination shows a declining score, then the child shall be given an additional examination within one year of when the second examination was administered and the superintendent of the education service district may:
      1. Allow the child to continue to be taught by a parent, legal guardian or private teacher; or
      2. Place the education of the child under the supervision of a person holding a teaching license who is selected by the parent or legal guardian at the expense of the parent or legal guardian.
   3. If the composite test score of the child continues to show a declining score, the superintendent of the education service district may:
      1. Allow the child to continue under the educational supervision of a licensed teacher selected by the parent or legal guardian, at the expense of the parent or legal guardian, and require that the child be given an additional examination within one year of when the last examination was administered;
      2. Allow the child to be taught by a parent, legal guardian or private teacher and require that the child be given an additional examination within one year of when the last examination was administered; or
      3. Order the parent or legal guardian to send the child to school for a period not to exceed 12 consecutive months as determined by the superintendent.
      4. If the parent or legal guardian of the child does not consent to placing the education of the child under the supervision of a licensed teacher who is selected by the parent or legal guardian, then the superintendent of the education service district may order the child to school for a period not to exceed 12 consecutive months as determined by the superintendent.
      5. If the composite test score of the child on an examination is equal to or greater than the percentile score on the prior test, the child may be taught by a parent, legal guardian or private teacher and for the next examination be examined pursuant to subsection (5) of this section.
8. Procedures for homeschooling students with disabilities are set out in OAR 581-021-0029.
9. A test administrator shall certify that the administrator is qualified and neutral as defined in this rule with respect to a child being tested.
10. All costs for the test instrument, administration, and scoring are the responsibility of the parent.
11. The parent of a child who turns seven after September 1 shall not be required to provide notice of intent to home school that child until the beginning of the next school year.
12. Violation of ORS 339.020 or the requirements of ORS 339.035 is punishable as set out in ORS 339.990.

1. The definitions in OAR 581-021-0026 apply to this rule, along with the following definitions:
   1. "District" means the student's resident school district under 339.133
   2. "Child with a disability means a child between the ages of 7 and 18 whose parent or guardian seeks exemption from compulsory school attendance under ORS 339.030(1)(c) or (1)(d) and who meets eligibility criteria for a specific disability category under OAR 581-015-0051.
   3. "Individualized educational program" (IEP) is defined under OAR 581-015-0005(11).
   4. "Privately developed plan" (PDP) means an individual plan developed by a team including the parent and one or more private service providers to address the educational needs of a child with a disability. A PDP shall include individual educational goals for the student and a statement indicating how satisfactory educational progress will be determined for the student.
   5. "Satisfactory educational progress" means educational progress across academic and/or developmental areas appropriate to the child's age and abilities. The student need not complete all individualized educational program or privately developed plan goals for the team to determine that the student is making satisfactory educational progress.
2. Notice Requirements:
   1. Parents shall notify the ESD superintendent of intent to home school a child with a disability in accordance with OAR 581-021-0026(1)(f) and (4).
   2. The ESD superintendent shall notify the district if the ESD receives notice that a parent intends to home school a child with a disability.
   3. The district shall provide written notice to the parent that it stands ready to provide a free appropriate public education if the child enrolls in the district. This notice shall be provided annually as long as:
      1. The child remains eligible for special education; and
      2. The child is exempt from compulsory education as a home schooled child; and
      3. The child is not receiving special education and related services from the district.
3. Testing and Reporting Requirements:
   1. If a child with a disability is receiving IEP services from a district and the IEP includes a provision for IEP team assessment of satisfactory educational progress, the district shall:
      1. Complete this assessment according to the schedule identified in OAR 581-021-0026(6); and
      2. Provide the parent with a copy of the results, including a summary statement indicating whether the child has made satisfactory educational progress in light of the child's age and disability.
   2. If a child with a disability is receiving services under a PDP, and the PDP includes a provision for assessment of satisfactory educational progress, the PDP team shall:
      1. Complete this assessment according to the schedule identified in OAR 581-021-0026(6); and
      2. Provide the parent with a copy of the results, including a summary statement indicating whether the child has made satisfactory educational progress in light of the child's age and disability.
   3. Parents who are home schooling a child with a disability shall do one of the following:
      1. If the district has conducted an assessment under subsection (3)(a)(A), retain documentation of the child's progress under subsection (3)(a)(B) and, upon request, report this information to the ESD on the same schedule as required under OAR 581-021-0026(6); or
      2. Ensure that the child's progress is evaluated according to a privately developed plan, and retain and report progress, upon request, on the same schedule as required by OAR 581-021-0026; or
      3. Follow the testing and reporting requirements in OAR 581-021-0026.
   4. Parents of a child who is not identified under OAR 581-015-0051 but who is disabled under Section 504 of the Rehabilitation Act shall comply with subsections (B) or (C), above.
4. If the IEP or PDP team determines that the child has not made satisfactory educational progress, the superintendent shall take the actions identified in OAR 581-021-0026 in the sequence stated.
5. District responsibilities for home schooled children with disabilities:
   1. When the district receives notice that a parent intends to home school a child with a disability or that a child with a disability is being home schooled, the district shall offer, and document to the parent;
      1. An opportunity for the child to receive special education and related services if the child were enrolled in the district; and
      2. An opportunity for IEP meeting to consider providing special education and related services to the child with a disability in conjunction with home schooling.
         1. An IEP shall only be developed for a child with a disability if the IEP team determines that a free appropriate public education can be provided in conjunction with home schooling.
         2. Services may be provided in the home only to the extent that special education or related services would be provided in the home if the child were not home schooled.
   2. The child's IEP team shall be convened and conducted, and an IEP developed, consistent with the requirements in OAR Division 15, with the following exceptions:
      1. The child's parent shall be treated as both parent and regular education teacher of the child unless the parent designates another individual as the regular education teacher;
      2. Under "extent of non-participation in regular education" the IEP shall state that the child is exempt from compulsory school attendance and regular education is provided through home schooling; and
      3. The IEP shall state how "satisfactory educational progress" will be determined for the student.
         1. If the IEP team determines that the testing requirements of OAR 581-021-0026 are appropriate for the child, the provisions of OAR 581-021-0026(6) shall apply to the child.
         2. If the IEP team determines that the testing requirements of OAR 581-015-0026 are not appropriate for the child, the IEP team shall identify another measure that will be used to determine whether the child has made satisfactory educational progress.
         3. Notwithstanding subsections (i) and (ii), a parent may use a PDP to determine whether the child has made satisfactory educational progress. If so, the IEP shall indicate that satisfactory educational progress will be determined by the PDP team at parent request.
   3. Children with disabilities shall be reevaluated at least every three years in accordance with OAR 581-015-0072 through 581-015-0074 and 581-015-0701.
      1. If the team determines that specific evaluation is necessary to continue eligibility or to determine appropriate special education and related services for the child's IEP, and the parent refuses consent for such evaluation, or refuses to make the child available, the district shall document to the parent that the district stands ready to conduct the evaluation when the parent gives consent or makes the child available.
      2. If the district does not have sufficient evaluation information to determine eligibility or to develop an IEP, the district is not required to complete these activities. The district shall provide prior written notice under OAR 581-015-0075 if the district terminates eligibility or services under these circumstances.
   4. Child find:
      1. If a district suspects that a home schooled child has a disability under OAR 581-015-0051, the district shall:
         1. Obtain parent consent for initial evaluation under OAR 581-015-0039; and
         2. Conduct an initial evaluation and determine the child's eligibility to receive special education and related services consistent with OAR 581-015-0051, 0053, 0071, 0072, 0073, and 0701.
      2. If the child is eligible, the district shall notify the parent and shall offer and document to the parent an opportunity for an IEP meeting to consider initiation of special education and related services to the child with a disability.
      3. If the parent refuses consent, does not respond, or refuses to make the child available, the district shall document to the parent that the district stands ready to conduct the evaluation when the parent gives consent or makes the child available.
      4. If a parent does not respond or refuses to meet to consider initiation of special education and related services, the district has no further obligation to initiate the offer of a free appropriate public education as long as the child is exempted from compulsory education as a home schooled child.
6. If the district permits partial enrollment of home schooled children in its regular education program, the district shall permit children with disabilities to participate to the same extent as non-disabled children, if appropriate, whether or not the child is receiving IEP services from the district.
   1. If the child is receiving IEP services from the district, the IEP team shall determine the appropriateness of participation and the IEP shall include necessary modifications and accommodations related to the participation. Notwithstanding subsection (5)(b)(A), if the IEP calls for participation in any part of the district's regular education program, the IEP team shall include a district regular education teacher in accordance with OAR 581-015-0066(3).
   2. If the child is not receiving IEP services from the district, the district shall consider the participation, and necessary modifications and accommodations for the child under Section 504 of the Rehabilitation Act.
7. A child who is exempt from compulsory school attendance as a home schooled child with a disability will continue to be considered an exempt home schooled child even though:
   1. The child receives special education and related services from the district, unless these services are the equivalent of full-time enrollment in the district; or
   2. If the district permits partial enrollment of home schooled children and, pursuant to that policy, the child attends one or more regular education classes.
8. Parents of home schooled children with disabilities have the same procedural safeguards as children with disabilities enrolled in the district, except for the following:
   1. A parent is not entitled to an independent educational evaluation at public expense under OAR 581-015-0094 if the parent disagrees with an IEP team evaluation regarding satisfactory educational progress under this rule.
   2. A parent may not request a due process hearing under OAR 581-015-0081 to contest a district's decision not to provide special education and related services in conjunction with home schooling.
   3. Complaints that a school district has failed to meet any of the requirements under OAR 581-021-0029(5) or (8) may be heard under OAR 581-015-0054.

1. A home school student may participate in interscholastic activities in his or her resident district's attendance area if the student meets all of the requirements of ORS 339.460 and:
   1. Achieves a composite test score that is not less than the 23rd percentile on any of the annual achievement tests listed in OAR 581-021-0026; and
   2. Submits the student's composite test score to the district prior to participation in an interscholastic activity.
2. Notwithstanding subsection (1)(b) of this rule, any public school student who chooses to be home schooled may participate in interscholastic activities while awaiting test score results.
3. A school district may adopt alternative requirements, in consultation with the parent or legal guardian of a home school student, that a student must meet to participate in interscholastic activities, including but not limited to a requirement that a student submit a portfolio of work samples to a school district committee for review to determine whether a student is eligible to participate in interscholastic activities.