ORS 339.460
Participation in interscholastic activities by GED student, homeschooled student or student who attends public charter school

  • conditions
  • fees

(1)

As used in this section:

(a)

“GED program” means a program provided by a school district or an education service district to assist a student in earning a General Educational Development (GED) certificate.

(b)

“GED student” means a student who is eligible to attend school under ORS 339.115 (Admission of students) (1) and who is enrolled in a GED program.

(c)

“Homeschooled student” means a child who is taught by a private teacher, a parent or a legal guardian, as described in ORS 339.030 (Exemptions from compulsory school attendance).

(d)

“Interscholastic activities” includes:

(A)

For students in any grade from kindergarten through grade 12, athletics, music, speech and other similar or related activities.

(B)

For students in any grade from kindergarten through grade eight, activities that are offered only before or after regular school hours and that may, but are not required to, involve interaction among other schools.

(e)

“Public charter school” has the meaning given that term in ORS 338.005 (Definitions for chapter).

(2)

A school district may not deny a GED student, a homeschooled student or a student who attends a public charter school that does not provide interscholastic activities the opportunity to participate in all interscholastic activities available in the school district within the attendance boundaries in which the GED student, homeschooled student or public charter school student resides if the student fulfills the following conditions, as applicable:

(a)

Intentionally left blank —Ed.

(A)

For a GED student or a homeschooled student, the student must meet all school district eligibility requirements except:
(i)
The school district’s school or class attendance requirements; and
(ii)
The class requirements of the voluntary association that administers the interscholastic activity, if applicable.

(B)

For a student who attends a public charter school, the student must meet all school district eligibility requirements except the school district’s school or class attendance requirements.

(b)

For a homeschooled student or a student who attends a public charter school, the student must meet one of these requirements:

(A)

Achieve a minimum score that places the student at or above the 23rd percentile, based on national norms, on an examination from the list the State Board of Education adopts under ORS 339.035 (Teaching by private teacher, parent or guardian). The student must take the examination at the end of each school year, and the student’s parent or legal guardian must submit the results to the school district for use in determining eligibility for the following year.

(B)

Meet alternative requirements that a school district adopts, in consultation with the student’s parent or legal guardian, 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 the student is eligible to participate in interscholastic activities.

(c)

For a GED student, the student must demonstrate that, prior to beginning the interscholastic activity, the student has passed at least one practice test administered through the GED program.

(3)

Intentionally left blank —Ed.

(a)

In addition to the requirements set forth in subsection (2) of this section, a public charter school that enrolls a student who intends to participate in an interscholastic activity must pay to the school district or school that offers the interscholastic activity, as appropriate and if the school district or school requires payment as provided by this subsection:

(A)

An annual fee that is equivalent to not more than five percent of the amount of the school district’s General Purpose Grant per ADMw, as calculated under ORS 327.013 (State School Fund distribution computations for school districts); and

(B)

An additional annual fee that is equivalent to not more than five percent of the amount of the school district’s General Purpose Grant per ADMw, as calculated under ORS 327.013 (State School Fund distribution computations for school districts), if participating in the interscholastic activity requires the student to enroll in a course for credit.

(b)

The school district and the public charter school shall enter into an agreement to specify the amount of the fees described in paragraph (a) of this subsection.

(c)

A public charter school is required to pay a fee described in paragraph (a) of this subsection only once per year per student participating in an interscholastic activity at a school in the school district, regardless of the number of interscholastic activities in which the student participates.

(4)

A GED student, a homeschooled student or a student who attends a public charter school may participate in interscholastic activities while awaiting examination or practice test results.

(5)

A GED student, a homeschooled student or a student who attends a public charter school who does not maintain academic eligibility is ineligible to participate in interscholastic activities 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 or practice tests at the end of the second year and meet the standards described in subsection (2)(b) or (c) of this section to become eligible for the third year.

(6)

Intentionally left blank —Ed.

(a)

A GED student, a homeschooled student or a student who attends a public charter school must fulfill the same responsibilities and standards of behavior and performance, including related class or practice requirements, as other students who participate in the interscholastic activity. The student must also comply with all public school requirements during the time of participation.

(b)

A student who attends a public charter school must be allowed to participate in an interscholastic activity in the same manner that a resident of the school district may participate in the interscholastic activity. A school district may not give priority to residents of the school district to participate in interscholastic activities, but may require a student who attends a public charter school to satisfy any standards for acceptance for participation.

(7)

A GED student, a homeschooled student or a student who attends a public charter school who participates in interscholastic activities must reside within the attendance boundaries of the school at which the student participates unless the school district has a policy that allows any student attending a school of the school district to participate in interscholastic activities at any school of the school district. [1991 c.914 §§1,2; 1999 c.717 §2; 2003 c.14 §150; 2017 c.550 §2; 2018 c.16 §1; 2021 c.70 §2]

Source: Section 339.460 — Participation in interscholastic activities by GED student, homeschooled student or student who attends public charter school; conditions; fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors339.­html.

339.005
Definition for ORS 339.040 and 339.125
339.010
School attendance required
339.020
Duty to send children to school
339.030
Exemptions from compulsory school attendance
339.035
Teaching by private teacher, parent or guardian
339.040
Attendance supervisors
339.055
Duties of attendance supervisors
339.065
Estimates of attendance
339.071
Attendance notification policy
339.080
Nonattendance notice to parents, school officials and parole or probation officer
339.090
Determination of compliance
339.095
Required procedures related to violations of certain school attendance requirements
339.115
Admission of students
339.119
Prohibition of payment as incentive to receive educational services
339.122
Disclosures in promotional materials
339.125
Contract for admission of nonresident pupils
339.127
Factors prohibited from consideration when giving consent to nonresident student
339.128
Factors prohibited from consideration when admitting tuition-paying nonresident student
339.129
Education for children in local or regional correctional facilities required
339.133
Determination of residency of student for school purposes
339.134
Residency of child voluntarily placed outside child’s home and living in substitute care program
339.137
Residency of student at youth care center
339.139
Residency of military children
339.141
Tuition prohibited for regular school program
339.147
When tuition authorized
339.155
Prohibitions of certain fees as condition of admission
339.240
Rules of student conduct, discipline and rights
339.250
Duty of student to comply with rules
339.252
Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons
339.256
Prohibition on restriction of access to specialized learning areas or certain common areas
339.270
Assessment of costs of school property damage against responsible student or parents or guardian
339.280
Student grading policies
339.285
Definitions for ORS 339.285 to 339.303
339.288
Prohibitions on use of certain restraints
339.291
Use of restraint or seclusion
339.294
Procedures following incident
339.297
Annual report
339.300
Training programs
339.303
Rules for complaints, investigations and seclusion rooms
339.308
Seclusion cell prohibition
339.309
Required reports of employee injuries
339.312
Safe school alliance
339.315
Report required if person has unlawful firearm or destructive device
339.317
Notice to school district of person charged with crime
339.319
Notice to school district of person convicted of crime
339.321
Notice to school district and law enforcement agencies of release or discharge of person
339.323
Disclosure of information regarding person charged with or convicted of crime or regarding release or discharge of person
339.326
Actions after receipt of notice under ORS 419A.305
339.327
Notification required if person possesses threatening list or when threats of violence or harm made
339.329
Statewide tip line to report information concerning threats or potential threats to student safety
339.331
Mission
339.333
Board of directors
339.336
Funding
339.339
Collaboration between center and Department of Education
339.341
Statewide School Safety and Prevention System
339.343
Comprehensive district plans on student suicide prevention
339.345
Requirement to have automated external defibrillator
339.347
Policies to address bias incidents and displays of symbols of hate
339.351
Definitions for ORS 339.351 to 339.364
339.353
Findings
339.356
District policy required
339.359
Training programs
339.362
Retaliation against victims and witnesses prohibited
339.364
Victim may seek redress under other laws
339.366
Required policies on teen dating violence and domestic violence
339.368
Posters regarding domestic violence
339.370
Definitions for ORS 339.370 to 339.400
339.372
Policies of school boards on reporting of suspected abuse and suspected sexual conduct
339.374
Required background checks by education providers
339.378
Disclosure of information and records by education provider
339.384
Prohibitions and allowances related to hiring of applicant to be school employee
339.388
Report of abuse or sexual conduct
339.389
Receipt by Department of Education from Department of Human Services of notification of report or investigation of abuse
339.390
Investigations by Teacher Standards and Practices Commission of persons who are commission licensees
339.391
Investigations by Department of Education of persons who are not commission licensees
339.392
Prohibitions against certain agreements and contracts
339.396
Effect on causes of action
339.400
Training
339.420
Child excused to receive religious instruction
339.450
Prohibited grounds for denying participation in interscholastic athletics
339.460
Participation in interscholastic activities by GED student, homeschooled student or student who attends public charter school
339.505
Definitions for ORS 339.505 to 339.520
339.510
Student accounting system
339.515
Uniform reporting system
339.520
Information required on certain students who withdraw from school
339.650
“Traffic patrol” defined for ORS 339.650 to 339.665
339.655
Traffic patrols authorized
339.660
Rules on traffic patrols
339.665
Intergovernmental cooperation and assistance in connection with traffic patrols
339.866
Self-administration of medication by students
339.867
“Medication” defined for ORS 339.869 and 339.870
339.869
Administration of medication to students
339.870
Liability of school personnel administering medication
339.871
Liability of school personnel for student self-administering medication or for student or individual unable to self-administer medication
339.873
Recommendations on medication to affect or alter thought processes, mood or behavior prohibited
339.874
Use of sun-protective clothing and sunscreen
339.875
Procurement, display and salute of flags
339.877
Issuance of diploma for work completed at certain state institutions
339.880
Unauthorized soliciting of pupils prohibited
339.883
Possession of tobacco products or inhalant delivery systems by person under 21 prohibited at certain facilities
339.885
Secret societies in public schools prohibited
339.890
Radio frequency identification device policy for students
339.990
Penalties
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