2017 ORS 339.030¹
Exemptions from compulsory school attendance
  • rules

(1) In the following cases, children may not be required to attend public full-time schools:

(a) Children being taught in a private or parochial school in the courses of study usually taught in kindergarten through grade 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.

(b) 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 kindergarten through grade 12 in the public schools.

(c) Children who have received a high school diploma or a modified diploma.

(d) 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 kindergarten through grade 12 in the public school.

(e) Children being educated in the children’s home by a parent or legal guardian.

(f) Children whose sixth birthday occurred on or before September 1 immediately preceding the beginning of the current school year if the parent or legal guardian of the child notified in writing the school district of which the child is a resident that the parent or legal guardian will delay enrolling the child in a public full-time school for only one school year for the purpose of better meeting the child’s needs for cognitive, social or physical development, as determined by the parent or legal guardian.

(g) Children who are present in the United States on a nonimmigrant visa and who are attending a private, accredited English language learner program in preparation for attending a private high school or college.

(h) Children excluded from attendance as provided by law.

(2) The State Board of Education and the Higher Education Coordinating Commission 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 or who is lawfully employed part-time and enrolled in school, a community college or an alternative education program as defined in ORS 336.615 (Definition for ORS 336.615 to 336.665). 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 (Definitions for ORS 419B.550 to 419B.558) to 419B.558 (Entry of judgment of emancipation). [Amended by 1965 c.100 §276; 1967 c.67 §8; 1971 c.494 §1; 1973 c.728 §1; 1985 c.579 §1; 1989 c.619 §1; 1993 c.546 §138; 1995 c.769 §2; 1999 c.59 §85; 1999 c.717 §1; 2001 c.490 §8; 2007 c.407 §3; 2013 c.747 §190; 2015 c.234 §3; 2017 c.379 §1; 2017 c.412 §1; 2017 c.726 §7]

See also annota­tions under ORS 339.310 in permanent edi­tion.

Notes of Decisions

Plaintiff’s right to attend parochial schools, guaranteed by this sec­tion, was not impinged by rule of Oregon School Activities Associa­tion which limited participa­tion in athletics by student who had transferred between parochial and public high schools. Cooper v. OSAA, 52 Or App 425, 629 P2d 386 (1981), Sup Ct review denied

Atty. Gen. Opinions

Standards for educa­tional programs at state and regional institu­tions; private school tui­tion for handicapped children, (1974) Vol 36, p 942; educa­tion for children in child-care agency, (1975) Vol 37, p 611

1 Legislative Counsel Committee, CHAPTER 339—School Attendance; Admission; Discipline; Safety, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors339.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 339, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano339.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.