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To: Superintendents and Principals
From: Annie Marges, Alternative Education Options Specialist
Date: April 18, 2022
Re: Update to Districts - Access to Interscholastic Activities for Students in High School Equivalency Programs
Dear Partners,
In the 2021 legislative session, the Oregon Legislature adopted HB 2817 that made changes to ORS 339.450, allowing students in GED Programs to participate in interscholastic activities at their resident schools. In the 2022 short legislative session, SB 1522 further amended language and eligibility requirements in ORS 339.460.
Together, these changes to ORS 339.450 and ORS 339.460 aim to improve access and opportunities for engagement in school-related activities for students who may otherwise be excluded. These laws also provide options for students enrolled in non-traditional learning environments to restore academic eligibility.
The purpose of this message is to describe the following changes to Oregon Revised Statutes (ORS):
- Clarification of who may participate in interscholastic activities;
- Clarification regarding how to establish eligibility to participate in interscholastic activities; and
- Clarification regarding how to restore eligibility to participate in interscholastic activities.
Clarification regarding who may participate in interscholastic activities.
SB 1522 (2022) changes all mentions of students enrolled in GED programs to “high school equivalency students” and presents new options for all students described in the law to restore academic eligibility once it is lost.
ORS 339.450 is amended to read: A school, school district or association, whether public or private, may not deny any student the right to participate in interscholastic athletics solely on the ground that the student: (1) Transferred between schools; (2) Attends a public charter school; (3) Participated in athletics at another school; or (4) Is eligible to attend school and is enrolled in a program to earn a certificate for passing an approved high school equivalency test, such as the General Educational Development (GED) test.
Clarification regarding how to establish eligibility to participate in interscholastic activities.
ORS 339.460 allows high school equivalency students to participate in interscholastic activities and describes eligibility requirements.
Students enrolled in high school equivalency programs operated by a district or education service district must pass at least one practice GED Ready test in order to be eligible for participation in interscholastic activities. Passage of the practice test must occur prior to the beginning of the school year in which the student will participate in an activity for which academic eligibility is being determined.
Clarification regarding how to restore eligibility to participate in interscholastic activities.
ORS 339.460 allows high school equivalency students to participate in interscholastic activities and describes how to restore eligibility requirements.
A high school equivalency student, a homeschooled student, or a student who attends a public charter school, who does not maintain academic eligibility is ineligible to participate in interscholastic activities for the school year in which the student becomes academically ineligible unless:
- At least 18 weeks have passed from the later of the date that the student:
- was determined to have not maintained academic eligibility; or
- became a high school equivalency student or a home schooled student; and
(b) takes the required examinations or practice tests and meets the standards described in subsection (2) (b) or (c) of this section.
The Oregon School Activities Association (OSAA) will include new policy changes in their handbook this summer. Please send questions for the OSSA to Peter Weber, Executive Director: peterw@osaa.org.
Please contact Annie Marges, ODE’s Alternative Education Options Specialist, with other questions: annie.marges@ode.oregon.gov
HB 2817 2021 Legislative Session
SB 1522 2022 Legislative Session
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