ORS 339.030: Exemptions from compulsory school attendance; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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]
Administrative rules citing this section
- OAR 581-021-0026: Examination of Children Instructed by Parent, Legal Guardian or Private Teacher — authority
- OAR 581-021-0076: Exemption from Compulsory Attendance — implements
- OAR 581-021-0077: Compulsory Attendance Notices — authority
- OAR 581-024-0257: Children Instructed by Parent or Private Teacher — authority
- OAR 589-007-0600: Adult High School Diploma Program — authority
This rule cites
- ORS 336.615 — resolved
Cited by
- ORS 339.010: School attendance required.
- ORS 339.020: Duty to send children to school.
- ORS 339.035: Teaching by private teacher, parent or guardian; rules.
- ORS 339.065: Estimates of attendance; irregular attendance; excused absences.
- ORS 339.080: Nonattendance notice to parents, school officials and parole or probation officer.
- ORS 339.250: Duty of student to comply with rules; policies on discipline, suspension, expulsion, threats of violence or harm, firearms and physical force; student handbook or code of conduct; enforcement of policies.
- ORS 339.460: Participation in interscholastic activities by high school equivalency student, homeschooled student or student who attends public charter school; fees.
- ORS 339.505: Definitions for ORS 339.505 to 339.520; rules.
- ORS 341.522: Oregon Promise program; criteria; rules; report.
- ORS 350.292: Resident tuition and fees for Native American or Alaska Native students; qualifications; rules.
- ORS 433.240: Parental responsibility.
- ORS 807.066: School requirements for persons under 18 years of age.
- OAR 333-008-1110: Medical Marijuana Dispensaries: Locations of Medical Marijuana Dispensaries; Dispensary Premises Restrictions and Requirements
- OAR 333-333-4130: Application Denial
- OAR 333-333-4300: Licensed Premises Location Requirements
- OAR 413-105-0030: Ensure a Child or Young Adult's Enrollment in School or Educational Setting
- OAR 423-160-0005: Eligibility for Enrollment in a Reengagement Program
- OAR 581-021-0026: Examination of Children Instructed by Parent, Legal Guardian or Private Teacher
- OAR 581-021-0029: Homeschooling for Children with Disabilities
- OAR 581-021-0071: District Information for Parents and Students Regarding the Availability of Alternative Education Programs
- OAR 581-021-0077: Compulsory Attendance Notices
- OAR 581-021-0081: Student Absences
- OAR 581-022-2505: Alternative Education Programs
- OAR 581-023-0006: Student Accounting Records and State Reporting
- OAR 581-051-0305: Food Safety Inspection Definitions
- OAR 589-007-0600: Adult High School Diploma Program
- OAR 845-025-1115: Denial of Application
- OAR 845-025-1230: Licensed Premises Restrictions and Requirements
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors339.html