Private Schools in Oregon

​Private School FAQs (Available for download)

​​1.   What is the definition of a private school in Oregon?

• Oregon Revised Statute (ORS) 339.030 defines private school as “children being taught…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." Additionally, ORS 339.370 expands on that to state “…a school that provides to students instructional programs that are not limited solely to dancing, drama, music, religious or athletic instruction."

​2.   Do private schools need to register with or be approved by the Oregon Department of Education? Does ODE regulate private schools?

• Most private schools are not approved by or registered with the Oregon Department of Education (ODE). Private schools must meet all state and local laws and ordinances including health, safety, fire and building codes. The ODE also does not have statutory authority to regulate most private schools; however, this does not exempt a private school from following all applicable state and local laws that may be regulated by another state or local agency.

  Some private schools can chose to be registered as a private alternative school or an IDEA approved private school which allows the private school to contract with a public school district to provide special services to eligible students.

  Additional information can be found on ODE's Alternative Education and ODE's Special Education for Private School Students webpages.
  

3.   What is compulsory education and what are the exceptions?

• Compulsory education refers to which children are required under state law to attend public school. ORS 339.010 stipulates compulsory education for all Oregonian children 6-18 years of age, or upon completion of 12th grade if a student is younger than 18.

  ORS 339.030 states: “Children may not be required to attend public full-time schools: [if they are] 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.” The hours for the 1994-95 school year are as follows: kindergarten 450 hours; first through third grades: 810 hours; fourth through eighth grades: 900 hours; ninth through twelfth grades: 990 hours.

  For homeschoolers or home school co-ops, please refer to ODE’s Homeschooling in Oregon webpage.​​

4.   Can private schools accept students younger than 6 years of age by September 1st of the school year?​

• ODE does not regulate private school enrollment policies. However, districts may be required to adopt enrollment policies regarding the age of school children under ORS 339.010; and each district may have distinct enrollment policies. Any private school student that transfers to another school, public or private, will need to follow the enrollment policies of the admitting school, including age of enrollment policies.​

5.   What is the difference between a homeschool co-op and a private school?

• As per ORS 339.030, children ages 6-18 who have not completed 12th grade are required to fulfill compulsory education requirements. There are specific laws regarding homeschool students in Oregon including registering with the regional Educational School District and mandatory testing. For more information on homeschooling regulations and requirements, visit ODE's Homeschooling in Oregon and Relevant Statues and Rules webpages.
  

• In Oregon, private schools must follow all applicable federal, state and local laws which may be different from those required of homeschool students. It is recommended that a non-public educational provider consult legal counsel to determine whether they are a homeschool co-op or a private school in order to determine what laws and rules they should follow.
  

6.   Do the required instructional time rules apply to private schools?

• ODE considers Oregon Administrative Rule (OAR) 581-022-2320 to be best practice for instructional time. Private schools should review these rules with legal counsel to determine their requirements.
  

  As per ORS 339.030 private schools must have an attendance equivalent to that required of public school students in the 1994-1995 school year. These hours are as follows: kindergarten 450 hours; first through third grades: 810 hours; fourth through eighth grades: 900 hours; ninth through twelfth grades: 990 hours.

  ORS 339.065​ is considered best practice by ODE when making determinations on excused and unexcused absences of students. ODE strongly encourages all private schools to have a clear, detailed description of their attendance policy in their Parent/Student Handbook, and to enforce said policy consistently, and in an equitable and fair manner.​​

7.   Is there additional information on pre-kindergarten in private schools?

• Yes, ODE’s Department of Early Learning and Care (formerly Early Learning Division) has jurisdiction over pre-kindergarten programs in most circumstances. Private schools, including pre-kindergarten private schools, are not regulated by ODE.​

8.   Are private school teachers required to be licensed?

• There is no requirement that private school teachers obtain or maintain a valid teaching license. Each school develops its policy on teacher qualifications.​​

9.   Are private schools administrators, faculty, or staff required to be fingerprinted and have criminal background checks?

• ODE considers it best practice for private schools to implement a policy that all staff, faculty contractors, and volunteers who have direct contact with school-aged children be submitted to fingerprinting and a background check. ORS 326.603 and OAR 581-045-0586 legally give a private school the authority to request that the ODE complete background checks and fingerprinting (the cost will be invoiced to the private school). For more information, please visit ODE's Fingerprinting webpage. All public and private school teachers must submit to fingerprinting as part of the Oregon teaching licensure process.

  Additionally, Senate Bill 155 (ORS 339.372 - 339.400) requires schools to screen all faculty, staff, and volunteers through the Sexual Misconduct Verification System database. More information can be found on ODE's Sexual Misconduct Reporting and Investigation webpage.​
  

​10.  What laws a​pply to private schools?

• In addition to state laws, a private school is a business or nonprofit entity that is required to comply with requirements imposed by the jurisdiction, county, city, or other locality in which it is located. This includes zoning, health and safety codes, mandatory reporting, fire codes, or other local ordinances. ODE advises all private schools to consult legal advice to ensure they are following all applicable state and local laws.

  Additionally, private schools should review the following laws with legal counsel:

• ORS 339.372 - 339.400: Reporting, screening, and investigating sexual misconduct in schools. Refer to ODE's Sexual Misconduct Reporting and Investigation webpage for more information.
• ORS 634.700 - 634.750: The school Integrated Pest Management (IPM) Program law. Refer to #11 below.
• ORS 339.030: Required instructional time is based on the 1994-95 public school year. The hours for the 1994-95 school year are as follows: kindergarten 450 hours; first through third grades: 810 hours; fourth through eighth grades: 900 hours; ninth through twelfth grades: 990 hours.
• ORS 336.071: School safety drills. Please download Do the Drill 'A School Resource Guide for Safety Planning' and visit the Resources for Developing High-Quality Emergency Operations Plans (EOP) webpage, School safety drills. which include useful information specifically relating to building and fire safety. Review this list of Deputy State Fire Marshals to contact the appropriate official for a building inspection. More information about and resources for School Safety and Emergency Management (SSEM) can be found on the  Threat and Hazard Resources and the School Safety and Emergency Contact information webpages.
• ORS 433.267: School Immunization Law. See the Oregon Health Authority's (OHA) Immunization Resources webpage for more information. Contact your Local Health Department for assistance or to fulfill reporting requirements.
• OAR Division 53: School transportation rules.
• Senate Bill (SB) 197: School policies on teen dating violence, sexual harassment, and reporting child abuse. Posters can be downloaded for free and self-printed in both English and Spanish.
  
  To have the ODE mail the posters, free of charge, to a private school, please do the following:
• Email the request to ode.frontdesk@ode.oregon.gov
• In the subject line, include: “SB 197 Poster Request"
• In the body of the email, include the following:
• Name of School and Recipient
• School Address
• Phone Number
• Number of posters (maximum 4 total posters) and
• Indicate if the posters should be in English and/or Spanish​
  

• The OSU School IPM Program webpage provides information and assistance for schools to develop their IPM plan; and training that meets the annual training requirement. Additional information is available on the OSU School IPM Program Resources and the School Integrated Pest Management (IPM) webpages and Integrated Pest Management (IPM) In Oregon Schools - Legal Requirements and Practical Solutions to Reducing Pests in Oregon Schools flyer.​
  

​12.  Are private schools required to participate in State Testing?

• Private schools are barred from participating in the Oregon Statewide Assessment System (OSAS) and are not required to participate in any other type of statewide testing. However, many private schools do use some form of summative testing. Examples of summative tests include PSAT, Pre-ACT, Iowa Basic, MAPS, NAEP, etc. These are only a few examples of the many summative tests currently available. Inclusion on the list should not be misconstrued or interpreted as an endorsement or recommendation by ODE.​

13.  Are private schools required to provide transportation?

• No, private schools are not responsible for providing transportation. However, if a private school does provide transportation they should review OAR Division 53 with legal counsel to understand their responsibilities. For more information, see ODE's Pupil Transportation webpage. Furthermore, ORS 332.415 allows public school districts to provide transportation for private school students in specific cases.​​

14.  Are private schools required to follow student record laws and rules?

• Private schools that do not directly accept federal funds are not required to follow the Family Educational Rights and Privacy Act (FERPA), a federal law regulating student records.

  ORS 326.575 stipulates that within 10 days of a student enrolling in a school, the school must request the student's education records. Additionally, it stipulates that upon receipt of a request, the recipient has 10 days to provide the records to the requestor. No school is allowed to hold records of students due to unpaid fees or tuition.  

  Private schools should review ORS 326.565, OAR 581-021-0220-0400, and OAR 166-400-0060 (retention schedules) with legal counsel to determine if these laws regarding student records are applicable. ODE considers the aforementioned OARs as best practices and encourages all private schools to adopt the policies therein. Please refer to ODE's FAQ's about Student Records for additional information.​
  

15.  Can private schools grant diplomas? What are the minimum requirements to earn a diploma? 

• Private high schools have the authority to set their graduation requirements to grant diplomas. In most cases, private schools cannot grant Oregon Diplomas to their students.

  Many private high schools follow Oregon graduation requirements to ensure that students transitioning to or from public or private schools have less disruption in their progress toward graduation and transition into post-secondary institutions and employment.

  ODE considers the graduation requirements on the Oregon Diploma webpage to be best practice for graduation requirements. Private high schools are strongly encouraged obtain accreditation status through a third-party accreditation board in order to safeguard the integrity of their diplomas. ​
  

16.  Does ODE collect or store private school records, transcripts, or diplomas?

• No, ODE does not collect, evaluate, track, approve, accredit, catalogue, or store any private school student records, transcripts, or diplomas.​

17.  Are private schools required to be accredited?

• No, private schools are not required to be accredited. However, many of Oregon's private high schools choose to go through the accreditation process which is strongly encouraged to go through the accreditation process as a best practice. Accreditation can assure the public that the school has been evaluated and has met operational and program standards as specified by the accrediting body. In most cases, institutions of higher education and employers are more likely to accept transcripts and diplomas from private schools that are fully accredited. Additionally, credits are more likely to be accepted by other public and private schools if a student transfers from an accredited school. However, the valuation of accreditation can be dependent upon the reputation of the accrediting body.  

  ***Array Global, Cognia, Northwest Association of Independent Schools, and Association of Christian Schools International are a few examples of accrediting bodies currently available for use by private schools in Oregon. The inclusion in the above list should not be misconstrued or interpreted as an endorsement or recommendation by ODE. To add an accrediting body to this list, please email the Private School Ombudsman.***​
  

18.  What accommodations should private schools provide for students experiencing disabilities? 

• In general, two federal laws, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 govern the educational rights of students experiencing disabilities.

  Private schools are not under an obligation to provide accommodations to students with disabilities under the federal law Individual with Disabilities Education Act (IDEA). However, private schools may opt-in to publicly funded special education services for children with disabilities enrolled by their parents in nonprofit, private schools. These special education services, referred to as IDEA equitable services, may differ from those available to public school students. The decision to participate in IDEA equitable services lies with the private school officials and not individual students or families. Please refer to ODE's Special Education for Private School Students webpage for additional information. 

  Similarly, section 504 prohibits the recipients of federal funding from discriminating against an individual because of a disability. How Section 504 applies to private schools should be reviewed with legal counsel, including whether or not the school can assess special fees or increase tuition for these students. The ODE considers it best practice for private schools to at minimum provide minor accommodations to students under Section 504 as long as the adjustments would not change the nature of the private school's program and would not create an administrative or fiscal burden for the private school. Private schools that operate special education programs may have additional requirements under Section 504 and should seek legal counsel.

  Title III of the Americans with Disabilities Act (ADA) addresses the physical architecture of school facilities and Title I of the ADA addresses prohibitions for discrimination against employees or prospective employees experiencing disabilities.
  

19.  Can private schools require that students be immunized, or alternatively, allow non-immunized students to attend schools?

• ​​Immunization of school children is governed by ORS 433.267. This law requires that all students are immunized as a condition of attendance in school; however, schools may allow non-immunized students to attend the school if they submit a medical or non-medical exemption. As a condition of attending school, students must provide evidence of immunization or a medical or non-medical exemption. Furthermore, ORS 433.284 may allow schools to adopt more stringent immunization policies under specific circumstances.

  For more information, refer to Oregon Health Authority's (OHA) School and Child Care Immunization webpage or contact your Local Public Health Authority. 
  

20.  Do private schools receive state funding? 

• No, private schools do not automatically receive state funds. Additionally, Oregon does not have an education savings account, school choice, or voucher program. There are very limited circumstances in which private schools are included in specific legislative initiatives or programs and may receive state funds in these circumstances. Additionally, any time a school accepts monies appropriated by the Legislative Assembly, they must comply with ORS 659.850 which prohibits discrimination in education. ​​

21.  Are there resources available to assist with school facilities guidance?

• The Oregon School Facilities Management Association is a resource that promotes and develops the highest degree of professionalism in the planning, safety, and operations of school facilities designed to ensure student success through safe, healthy, effective learning environments.

  The US Consumer Product Safety Commission, an independent federal regulatory agency, provides Public Playground Safety Handbook, a free resource for schools that outlines playground safety voluntary standards. ​​
  

22.  Are public funds available for student tuition at a private school?

• No, there are no state programs in Oregon that offer public funding for private school tuition. The exception exists when a student is placed in a private school by a public school district under very specific circumstances. ​

23.  What is the difference between a private school and a private alternative school?

• A private school is an elementary or secondary school operated by a person or private agency offering education in kindergarten through twelfth grade.

  A private alternative school is a school or separate class group designed to best serve students' educational needs and interests and assist students in achieving the academic standards of the school district and the state. ​
  

24.  Can students attend a private school outside of their resident district?

• Yes, a student may attend a private school outside of their district as district boundaries only apply to public schools.

25.  Can a private school student participate in public school/district activities?

• Most districts have policies on private school participation in school activities. In addition, Oregon School Activities Association  has very specific rules on the participation of private school students in public school activities.​

26.  Can a private school student take classes at a public school?

• Most districts have policies on private school students taking classes at a public school. In many cases, this is based on space availability and is at the discretion of the district. The district may charge a tuition fee.​

27.  Are public schools required to accept credits from a private school when a student transfers from a private school?

• Public schools are not required to accept credits from private schools. Public school districts have the responsibility to evaluate the appropriate placement for a student and should use OAR 581-021-0210 and OAR 581-022-2025 to guide their decisions. Districts are more likely to accept credits from a private school that is accredited.​

28.  How can I obtain student records if a school has closed?

• The best way to obtain school records is to begin with the known administrator, teacher, or staff who worked at the school that closed. These are the individuals most likely to know where student records have been stored. You can start with social media platforms such as LinkedIn, Facebook, Instagram and other platforms, or with fellow classmates parents if you do not have the name or contact information for private school faculty and staff.

  If the private school was part of a religious or secular organization's school system, (Catholic, Lutheran, Jewish, etc.) student records may be available through the organization's headquarters or regional office.

  Finally, you can contact the district in which the private school was located and provide as much information available (year, location, affiliation etc.). In some cases, student records are retained at the Education Service District in which the school was located. Please refer to the Oregon Association of Education Service Districts (OAESD) webpage for contact information.

  Parents concerned about the continuing availability of private school records should inquire about the school's records retention plan in the event of school closure.

  If a student of a closed private school cannot locate their records, they should contact the Private School Ombuds through email or phone (503) 551-9405 for additional help. When contacting the Private School Ombuds, please have the following information available:

  1. Full name of the student whose records have been lost
     
  2. Name of the private school that has closed
  3. Name and contact information for any known private school administrators
  4. The city in which the private school was located
  5. Year of graduation for the student whose records have been lost
  6. Approximate year that the private school closed, even if it is a best guess
  7. The purpose for needing the student records (for example, to apply to a college program, for employer verification, for financial aid eligibility, etc.) 
  8. Provide your personal contact information and times that you can best be reached (email address, phone number identified as a work, home or mobile number, and hours of availability)​ ​​​

29.  Is there a complaint process for private schools?

• ​ODE has no authority over private schools. While private schools may be exempt from federal and state laws that regulate public schools, they may fall under the jurisdiction of other regulating state agencies. Parent and Student handbooks issued by the school will usually include a complaint procedure policy. Depending on the nature of the complaint, the following resources may be helpful:​
  
• ​ ​​Child endangerment/abuse reporting
• Secretary of State Consumer Protection Division
• Oregon's Better Business Bureau
• Workplace Harassment (Bureau of Labor and Industries)
• Oregon Civil Rights Division
• ​​Workplace Harassment (Oregon Occupational Safety and Health) ​​

30.  Are there additional resources for private schools?

• ​​Yes, the following are available to provide information specifically related to private schools:

• Websites:

• National Association of Independent Schools

• Council for American Private Education

• Office of Non-Public Education

• Oregon Federation of Independent Schools

• AdvancED

• ODE Resources:

• Sign up for ODE's Private School Listserv​ to receive newsletters

• Attend ODE's Private School Office Hours via Zoom - Scheduled the second Wednesday of each month, 9:00-10:00 am PT

• Contact the Private School Ombudsman at janette.newton@ode.oregon.gov​​