339.030
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. 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 to 419B.558. [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]
Notes of Decisions
Pangle v. Bend-LaPine Sch. Dist., 10 P.3d 275 (Or. Ct. App. 2000).
· cites it 2× “010 ("Except as provided in ORS 339.030, all children between the ages of 7 and 18 years who have not completed the 12th grade are required to attend regularly a public full-time school of the school district in which the child resides.”
Robin v. Teacher Standards & Practices Comm'n, 421 P.3d 385 (Or. Ct. App. 2018).
“3 See ORS 339.030 (setting forth exemptions for public school attendance, including by receiving an education from private teachers and parochial schools).”
Neuhaus v. Federico, 505 P.2d 939 (Or. Ct. App. 1973).
· cites it 2× “[1] *942 "* * * [T]he district school board shall admit free of charge to the schools of the district all persons between the ages of 6 and 21 residing therein * * *.”
Kerr v. State Pub. Welfare Comm'n, 470 P.2d 167 (Or. Ct. App. 1970).
“Schooling ■was upon occasion interrupted both by movement from one location to another and by distances in excess of those described in ORS 339.030. For example, plaintiff, when about eight years' of age, missed a year of school.”
State v. Bowman, 653 P.2d 254 (Or. Ct. App. 1982).
· cites it 8× “ORS 339.030 provides, in part: “In the following cases, children shall not be required to attend public full-time schools: ‡ j}c “(2) Children being taught in a private or parochial school in the courses of study usually taught in grades 1 through 12 in the public schools and in…”
Ady v. Rosenblum (Or. 2023).
· cites it 4× “§ 1(5), a defined term that refers to a “provider of educational services as described in ORS 339.030(1)(a), (d), (e)[,] or (h),” id.”
Ady v. Rosenblum (Or. 2023).
· cites it 4× “§ 1(5), a defined term that refers to a “provider of educational services as described in ORS 339.030(1)(a), (d), (e)[,] or (h),” id.”
— Or. Rev. Stat. § 339.030(1)(a) — 2 cases
Ady v. Rosenblum (Or. 2023).
“§ 1(5), a defined term that refers to a “provider of educational services as described in ORS 339.030(1)(a), (d), (e)[,] or (h),” id.”
Ady v. Rosenblum (Or. 2023).
“§ 1(5), a defined term that refers to a “provider of educational services as described in ORS 339.030(1)(a), (d), (e)[,] or (h),” id.”
— Or. Rev. Stat. § 339.030(1)(d) — 2 cases
Ady v. Rosenblum (Or. 2023).
“§ 1(5), a defined term that refers to a “provider of educational services as described in ORS 339.030(1)(a), (d), (e)[,] or (h),” id.”
Ady v. Rosenblum (Or. 2023).
“§ 1(5), a defined term that refers to a “provider of educational services as described in ORS 339.030(1)(a), (d), (e)[,] or (h),” id.”
— Or. Rev. Stat. § 339.030(1)(e) — 2 cases
Ady v. Rosenblum (Or. 2023).
“§ 1(5), a defined term that refers to a “provider of educational services as described in ORS 339.030(1)(a), (d), (e)[,] or (h),” id.”
Ady v. Rosenblum (Or. 2023).
“§ 1(5), a defined term that refers to a “provider of educational services as described in ORS 339.030(1)(a), (d), (e)[,] or (h),” id.”
— Or. Rev. Stat. § 339.030(2) — 2 cases
State v. Bowman, 653 P.2d 254 (Or. Ct. App. 1982).
“ORS 339.030 provides, in part: “In the following cases, children shall not be required to attend public full-time schools: ‡ j}c “(2) Children being taught in a private or parochial school in the courses of study usually taught in grades 1 through 12 in the public schools and in…”
— Or. Rev. Stat. § 339.030(6) — 1 case
State v. Bowman, 653 P.2d 254 (Or. Ct. App. 1982).
“ORS 339.030 provides, in part: “In the following cases, children shall not be required to attend public full-time schools: ‡ j}c “(2) Children being taught in a private or parochial school in the courses of study usually taught in grades 1 through 12 in the public schools and in…”
— Or. Rev. Stat. § 339.030(6)(a) — 1 case
State v. Bowman, 653 P.2d 254 (Or. Ct. App. 1982).
“ORS 339.030 provides, in part: “In the following cases, children shall not be required to attend public full-time schools: ‡ j}c “(2) Children being taught in a private or parochial school in the courses of study usually taught in grades 1 through 12 in the public schools and in…”
— Or. Rev. Stat. § 339.030(6)(b) — 1 case
State v. Bowman, 653 P.2d 254 (Or. Ct. App. 1982).
“ORS 339.030 provides, in part: “In the following cases, children shall not be required to attend public full-time schools: ‡ j}c “(2) Children being taught in a private or parochial school in the courses of study usually taught in grades 1 through 12 in the public schools and in…”
— Or. Rev. Stat. § 339.030(7) — 1 case
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