J. Michael Smith, Esq.
Michael P. Farris, Esq.
Public School Access for Homeschoolers—A Legal Summary
School Districts must allow homeschool students access to public school interscholastic activities. Oregon Revised Statutes § 339.460.
Oregon Revised Statutes § 339.460
Home school students authorized to participate in interscholastic activities; conditions.
(1) Home school students shall not be denied by a school district the opportunity to participate in all interscholastic activities if the student fulfills the following conditions:
(a) The student must meet all school district eligibility requirements with the exception of:
(A) The school district’s school or class attendance requirements; and
(B) The class requirements of the voluntary association administering interscholastic activities.
(b) (A) 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
(B) 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.
(c) Any public school student who chooses to be home schooled must also meet the minimum standards as described in paragraph (b) of this subsection. The student may participate while awaiting examination results.
(d) Any public school student who has been unable to maintain academic eligibility shall be ineligible to participate in interscholastic activities as a home school 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.
(e) The home school 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 home school student must also comply with all public school requirements during the time of participation.
(f) A home school 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:
(a) “Board” means the State Board of Education.
(b) “Home school students” are those children taught by private teachers, parents or legal guardians as described in ORS 339.030.
(c) “Interscholastic activities” includes but is not limited to athletics, music, speech, and other related activities.