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February 28, 2006
Officials Demand Test Results by September 1

The Mann* family moved into the High Desert Education Service District (ESD) this school year and submitted their notice of intent for their son, David.* Recently they received a letter from High Desert assigning David to the 9th grade based on this date of birth. The ESD went on to request the 10th grade test results for the 2006-2007 school year.

In their letter High Desert correctly informed the Mann's that Oregon law requires testing in grades 3, 5, 8, and 10. This testing must occur by August 15 in the third, fifth, eighth, and 10th year. According to Oregon Administrative Rules 581-021-0026(6) the first year is defined as when a child is 7 on September 1, or earlier at the parent's discretion.

After reviewing their letter the Mann's realized that High Desert had assigned David to a lower grade than his current work level. Additionally, the ESD had insisted that all test results must be submitted to them by September 1 of the testing year. Needing help, the Mann family contacted HSLDA.

Staff attorney Thomas Schmidt contacted the High Desert ESD and informed them that David was actually in the 10th grade for the 2005-2006 school year. Schmidt also pointed out that the ESD had no legal authority to demand that the test results be submitted by September 1. While Oregon law requires the test to be administered by August 15, there is no date for when these results must be submitted. Test results simply are to be submitted when available.

HSLDA expects no further difficulties from High Desert. If any member family has any questions about grade level or testing please don't hesitate to contact us.

* Not their real name.