2017 ORS 339.460¹
Homeschooled and public charter school students’ participation in interscholastic activities
  • conditions
  • fees

(1) As used in this section:

(a) “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).

(b) “Interscholastic activities” means athletics, music, speech and other similar or related activities.

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

(2) A school district may not deny 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 homeschooled student or public charter school student resides if the student fulfills the following conditions:

(a)(A) For 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 interscholastic activities.

(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) 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.

(3) 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:

(a) A 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 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. The school district and the public charter school shall enter into an agreement to specify the fee required under this paragraph, but the agreement may not require for each interscholastic activity in which the student participates a fee that is equivalent to more than five percent more than the fee required under paragraph (a) of this subsection.

(4) A homeschooled student or a student who attends a public charter school may participate in interscholastic activities while awaiting examination results.

(5) 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 at the end of the second year and meet the standards described in subsection (2)(b) of this section to become eligible for the third year.

(6) 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 of the team or squad and must meet the same standards for acceptance on the team or squad. The student must also comply with all public school requirements during the time of participation.

(7) 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. [1991 c.914 §§1,2; 1999 c.717 §2; 2003 c.14 §150; 2017 c.550 §2]

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 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.