71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2500
 
                         House Bill 2599
 
Sponsored by Representative BACKLUND
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Repeals duplicate statute relating to individualized education
program for special education.
 
                        A BILL FOR AN ACT
Relating to education; amending ORS 339.115; and repealing ORS
  343.149.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 339.115 is amended to read:
  339.115. (1) Except as provided in ORS 339.141, authorizing
tuition for courses not part of the regular school program, the
district school board shall admit free of charge to the schools
of the district all persons between the ages of 5 and 19 residing
therein. The person whose 19th birthday occurs during the school
year shall continue to be eligible for a free and appropriate
public education for the remainder of the school year. However, a
district school board may admit other nonresident persons,
determine who is not a resident of the district and may fix rates
of tuition for nonresidents.
  (2) A district must admit an otherwise eligible person who has
not yet attained 21 years of age prior to the beginning of the
current school year if the person is:
  (a) Receiving special education and has not yet received a
regular high school diploma; or
  (b) Shown to be in need of additional education in order to
receive a diploma.
  (3) The obligation to make a free appropriate public education
available to individuals with disabilities 18 through 21 years of
age who are incarcerated in an adult correctional facility
applies only to those individuals who, in their last educational
placement prior to their incarceration in the adult correctional
facility:
  (a) Were identified as being a child with a disability as
defined in ORS 343.035; or
  (b) Had an individualized education program as described in ORS
 { - 343.149 - }  { +  343.151 + }.
  (4) For purposes of subsection (3) of this section, 'adult
correctional facility' means:
  (a) A local correctional facility as defined in ORS 169.005;
  (b) A regional correctional facility as defined in ORS 169.620;
or
 
  (c) A Department of Corrections institution as defined in ORS
421.005.
  (5) An otherwise eligible person under subsection (2) of this
section whose 21st birthday occurs during the school year shall
continue to be eligible for a free appropriate public education
for the remainder of the school year.
  (6) The person may apply to the board of directors of the
school district of residence for admission after the 19th
birthday as provided in subsection (1) of this section. A person
aggrieved by a decision of the local board may appeal to the
State Board of Education. The decision of the state board is
final and not subject to appeal.
  (7) Notwithstanding ORS 339.133 (1), a school district shall
not exclude from admission a child located in the district solely
because the child does not have a fixed place of residence or
solely because the child is not under the supervision of a
parent, guardian or person in a parental relationship.
  (8) Notwithstanding subsection (1) of this section, a school
district:
  (a) May for the remaining period of an expulsion deny admission
to the regular school to a resident student who is expelled from
another school district; and
  (b) Shall for at least one calendar year from the date of the
expulsion and if the expulsion is for more than one calendar
year, may for the remaining period of time deny admission to the
regular school program to a student who is under expulsion from
another school district for an offense that constitutes a
violation of a school district policy adopted pursuant to ORS
339.250 (6).
  (9) A child entering the first grade during the fall term shall
be considered to be six years of age if the sixth birthday of the
child occurs on or before September 1. A child entering
kindergarten during the fall term shall be considered to be five
years of age if the fifth birthday of the child occurs on or
before September 1. However, nothing in this section prevents a
district school board from admitting free of charge a child whose
needs for cognitive, social and physical development would best
be met in the school program, as defined by policies of the
district school board, to enter school even though the child has
not attained the minimum age requirement but is a resident of the
district.
  SECTION 2.  { + ORS 343.149 is repealed. + }
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