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 2204
Senate Bill 748
Sponsored by Senator STARR; Senators L BEYER, HARTUNG (at the
request of Dan Barker)
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.
Directs school districts to adopt policies on accepting
applications of nonresident students to attend school in
district. Directs school district to release student to
nonresident district under certain circumstances.
Provides for appeal of school district decision to
Superintendent of Public Instruction.
Specifies that resident school district is responsible for
providing special education to student attending nonresident
school district.
A BILL FOR AN ACT
Relating to student admission; creating new provisions; and
amending ORS 327.006, 327.043, 329.475, 339.115, 339.125,
339.133, 339.141 and 343.085.
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 { + :
(a) + } 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. - }
{ + (b) Any nonresident person between the ages of 5 and 19
who is accepted by the district school board to attend school in
the school district as provided in sections 2 to 5 of this 2001
Act.
(2)(a) The resident school district of a student attending a
school under subsection (1)(b) of this section shall be
responsible for providing any required special education and
related services to the student. A student who requires special
education and related services shall be considered a resident for
school purposes in the school district in which the student's
parent, guardian or person in parental relationship to the
student resides pursuant to ORS 339.133 and 339.134.
(b) The resident school district shall contract with the
admitting school district for the provision of the special
education and related services. The contract shall include
provisions for payment for any special education and related
services provided by the admitting school district. + }
{ - (2) - } { + (3) + } A district { + school board + }
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) - } { + (4)(a) + } 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) - } { + (A) + } Were identified as being a child
with a disability as defined in ORS 343.035; or
{ - (b) - } { + (B) + } Had an individualized education
program as described in ORS 343.149.
{ - (4) - } { + (b) + } For purposes of { - subsection
(3) of this section - } { + this subsection + }, 'adult
correctional facility' means:
{ - (a) - } { + (A) + } A local correctional facility as
defined in ORS 169.005;
{ - (b) - } { + (B) + } A regional correctional facility as
defined in ORS 169.620; or
{ - (c) - } { + (C) + } A Department of Corrections
institution as defined in ORS 421.005.
(5) An otherwise eligible person under subsection { - (2) - }
{ + (3) + } 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 - } { + A + } person may apply to the board of
directors of
{ - the - } { + any + } school district { - of
residence - } for admission after the { + person's + } 19th
birthday as provided in subsection (1) of this section. A person
aggrieved by a decision of the { - local board - }
{ + district school board under this subsection + } 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 { + school board + } 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 { + school board + }:
(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. { + (1) A school district is strongly encouraged to
honor the request of a parent or guardian for their child to
attend a school in another district.
(2) A district school board shall adopt a policy on the release
of a student to a nonresident school district.
(3) A school district shall release a student to a nonresident
district that agrees to accept the student if:
(a) A financial, educational, safety or health condition
affecting the student would likely be reasonably improved as a
result of the transfer;
(b) Attendance at the school in the nonresident district is
more accessible to the parent's place of work or to the location
of child care; or
(c) There is a special hardship or detrimental condition.
(4) For the purpose of helping a school district assess the
quality of its education program, a resident school district may
request an optional exit interview or questionnaire with the
parents or guardians of a child transferring to another district.
A parent or guardian may not be forced to attend such an
interview or complete the questionnaire. + }
SECTION 3. { + (1) A school district that has accepted
applications from nonresident students for admission to the
district's schools shall consider equally all applications
received. Each district school board shall adopt a policy
establishing rational, fair and equitable standards for
acceptance and rejection of applications. The policy may include
rejection of a nonresident student if:
(a) Acceptance of a nonresident student would result in the
district experiencing a financial hardship;
(b) The student's disciplinary records indicate a history of
convictions for offenses or crimes, violent or disruptive
behavior or gang membership; or
(c) The student has been expelled or suspended from a public
school for more than 10 consecutive days. Any policy allowing for
readmission of expelled or suspended students under this
paragraph must apply uniformly to both resident and nonresident
applicants.
(2) For purposes of subsection (1)(b) of this section, ' gang'
means a group that:
(a) Consists of three or more persons;
(b) Has identifiable leadership; and
(c) On an ongoing basis, conspires and acts in concert mainly
for criminal purposes.
(3) The school district shall provide to applicants written
notification of the approval or denial of the application in a
timely manner. If the application is rejected, the notification
shall include the reason or reasons for denial and the right to
appeal under section 5 of this 2001 Act. + }
SECTION 4. { + Each school district shall adopt and implement
a policy pursuant to sections 2 and 3 of this 2001 Act no later
than June 30, 2002. + }
SECTION 5. { + (1) The parent or guardian of a student may
appeal the decision of a resident school district to deny a
student's request for release to a nonresident school district
pursuant to section 2 of this 2001 Act to the Superintendent of
Public Instruction if the nonresident school district of the
proposed transfer is willing to accept the student.
(2) The Superintendent of Public Instruction may order the
resident district to release the student if the requirements of
section 2 of this 2001 Act have been met. A parent or guardian
may seek judicial review of an order of the Superintendent of
Public Instruction pursuant to ORS 183.484.
(3) The decision of a school district to deny the request for
accepting the transfer of a nonresident student under section 3
of this 2001 Act may be appealed to the Superintendent of Public
Instruction. The Superintendent of Public Instruction may order
the district to accept the nonresident student if the district
did not comply with the policies and standards adopted under
section 3 of this 2001 Act. A parent or guardian may seek
judicial review of an order of the Superintendent of Public
Instruction pursuant to ORS 183.484. + }
SECTION 6. ORS 327.006 is amended to read:
327.006. As used in ORS 327.006 to 327.133 and 327.731:
(1) 'Aggregate days membership' means the sum of days present
and absent, according to the rules of the State Board of
Education, of all resident pupils when school is actually in
session during a certain period. The aggregate days membership of
kindergarten pupils shall be calculated on the basis of a
half-day program.
(2)(a) 'Approved transportation costs' means those costs as
defined by rule of the State Board of Education and is limited to
those costs attributable to transporting or room and board
provided in lieu of transporting:
(A) Elementary school students who live at least one mile from
school;
(B) Secondary school students who live at least 1.5 miles from
school;
(C) Any student required to be transported for health or safety
reasons, according to supplemental plans from districts that have
been approved by the state board identifying students who are
required to be transported for health or safety reasons,
including special education;
(D) Preschool children with disabilities requiring
transportation for early intervention services provided pursuant
to ORS 343.224 and 343.533;
(E) Students who require payment of room and board in lieu of
transportation;
(F) A student transported from one school or facility to
another school or facility when the student attends both schools
or facilities during the day or week; and
(G) Students participating in school-sponsored field trips that
are extensions of classroom learning experiences.
(b) 'Approved transportation costs' does not include the cost
of constructing boarding school facilities.
(3) 'Average daily membership' or 'ADM' means the aggregate
days membership of a school during a certain period divided by
the number of days the school was actually in session during the
same period. However, if a district school board adopts a class
schedule that operates throughout the year for all or any schools
in the district, average daily membership shall be computed by
the Department of Education so that the resulting average daily
membership will not be higher or lower than if the board had not
adopted such schedule.
(4) 'Consumer Price Index' means the Consumer Price Index for
All Urban Consumers of the Portland, Oregon, Standard
Metropolitan Statistical Area, as compiled by the United States
Department of Labor, Bureau of Labor Statistics.
(5) 'Kindergarten' means a kindergarten program that conforms
to the standards and rules adopted by the State Board of
Education.
(6) 'Net operating expenditures' means the sum of expenditures
of a school district in kindergarten through grade 12 for
administration, instruction, attendance and health services,
operation of plant, maintenance of plant, fixed charges and
tuition for resident students attending in another district, as
determined in accordance with the rules of the State Board of
Education, but net operating expenditures does not include
transportation, food service, student body activities, community
services, capital outlay, debt service or expenses incurred for
nonresident students.
(7)(a) 'Resident pupil' means any pupil:
(A) Whose legal school residence is within the boundaries of a
school district reporting the pupil, if the district is legally
responsible for the education of the pupil, except that 'resident
pupil' does not include a pupil who pays tuition or for whom the
parent pays tuition or for whom the district does not pay tuition
for placement outside the district; or
(B) Whose legal residence is not within the boundaries of the
district reporting the pupil but attends school in the district
with the written consent of the affected school district boards.
(b) A pupil shall not be considered to be a resident pupil
under paragraph (a)(A) of this subsection if the pupil is
attending school in another school district pursuant to a
contract under ORS 339.125 and in the prior year was considered
to be a resident pupil in another school district under paragraph
(a)(B) of this subsection. The pupil shall continue to be
considered a resident of another school district under paragraph
(a)(B) of this subsection.
(c) A pupil shall not be considered to be a resident pupil
under paragraph (a)(B) of this subsection if the pupil is
attending school in a school district pursuant to an agreement
with another school district under ORS 339.133 and in the prior
year was considered to be a resident pupil under paragraph (a)(A)
of this subsection because the pupil was attending school in
another school district pursuant to a contract under ORS 339.125.
The pupil shall continue to be considered a resident pupil under
paragraph (a)(A) of this subsection.
(d) 'Resident pupil' includes a pupil admitted to a school
district under ORS 339.115 { + (1)(b) or + } (7) { + . A pupil
admitted to a school district under ORS 339.115 (1)(b) shall not
be considered a resident pupil under this paragraph if the pupil
requires special education and related services + }.
(8) 'Standard school' means a school meeting the standards set
by the rules of the State Board of Education.
(9) 'Tax' and 'taxes' includes all taxes on property, excluding
exempt bonded indebtedness, as those terms are defined in ORS
310.140.
SECTION 7. ORS 327.043 is amended to read:
327.043. (1) A school district is required to provide
transportation for elementary students who reside more than one
mile from school and for secondary school students who reside
more than 1.5 miles from school. A district is also required to
provide transportation for any student identified in a
supplemental plan approved by the State Board of Education.
(2) Notwithstanding subsection (1) of this section, the State
Board of Education may waive the requirement to provide
transportation for secondary school students who reside more than
1.5 miles from school. A district must present to the board a
plan providing or identifying suitable and sufficient alternate
modes of transporting secondary school students.
{ + (3)(a) Parents or legal guardians of students who are
admitted to a school district under ORS 339.115 (1)(b) shall be
responsible for transporting the student to existing bus routes
or other transportation services provided by the admitting school
district.
(b) A school district may add additional bus routes or other
transportation services to accommodate students who are admitted
under ORS 339.115 (1)(b).
(c) Any transportation costs incurred by a school district
under this subsection shall be considered approved transportation
costs for purposes of ORS 327.013 (8). + }
SECTION 8. ORS 329.475 is amended to read:
329.475. (1) After the State Board of Education adopts
standards and rules for the Certificate of Advanced Mastery, each
school district shall institute programs that allow students to
qualify for a Certificate of Advanced Mastery with indorsements
that prepare students for post-secondary academic pursuits and
professional technical careers.
(2) School districts may implement the programs in a public
education institution such as a public school, education service
district, community college, public professional technical school
or institution of higher education, or any combination thereof,
that enrolls the student and meets the requirements of the State
Board of Education.
(3) The programs must provide a combination of work-related
learning experiences and study in accordance with ORS 329.855.
The program shall include a comprehensive educational component
that meets rigorous academic standards.
(4) All courses necessary for a Certificate of Advanced Mastery
shall be available to all students.
(5) The State Board of Education shall adopt a framework for
the Certificate of Advanced Mastery programs and timelines for
implementation of the programs for the school districts to follow
as resources become available to the school districts. The
Department of Education may provide technical assistance to
assist school districts in the implementation of the Certificate
of Advanced Mastery programs.
(6) In establishing the requirements for Certificates of
Advanced Mastery with indorsements, the State Board of Education
shall adopt rules that facilitate movement among the indorsements
and shall encourage public school choice and mobility so as to
enhance a student's opportunities for a full range of educational
experiences.
(7) The public education institution shall be reimbursed for
the student's tuition by the district { - in which the student
resides - } { + to which the student is admitted + } pursuant
to ORS 339.115 and rules of the State Board of Education, in an
amount not to exceed the student's tuition or the amount the
district receives for the student from state funds, whichever is
less. A school district shall not receive state funds for the
student in an amount that exceeds the student's tuition. Any
adult who wishes to pursue an indorsement, or any student having
earned the Certificate of Advanced Mastery or a diploma or who
has attained 19 years of age and who wishes to continue a
program, may do so by paying tuition. As used in this section,
'public education institution' does not include a public school
to which a student has transferred under ORS 329.485.
(8) Programs developed under this section shall meet the
highest academic standards possible and provide students with
opportunities for a broad range of quality work-related learning
experiences.
(9) A high school diploma issued by a private or out-of-state
secondary school as signifying successful completion of grade 12
shall be considered equivalent to a high school diploma issued by
an Oregon public school.
SECTION 9. ORS 339.125 is amended to read:
339.125. (1) { + In addition to those pupils admitted to a
nonresident school district under sections 2 to 5 of this 2001
Act, + } { - the - } { + a + } district school board may
contract with { - the - } { + a + } district school board of
any other district for the admission of pupils in schools of the
other district. The contract shall be in writing upon forms
furnished by the Department of Education. Expense incurred shall
be paid out of the school funds of the district sending such
pupils. If the district sending the pupils fails to pay the
expense so incurred according to the terms of the contract, the
administrative office for the county containing such school
district, after satisfactory proof of such failure, shall deduct
the amount of the unpaid expense from the amount due the school
district at the next regular apportionment. The county treasurer
shall pay the amount of the reduced apportionment out of the
county school fund.
(2) In case the school district sending the pupils is a joint
district, jurisdiction shall be exercised by the administrative
office for the county in which the most populous part of such
district is situated, according to the latest school census. The
office's action in the matter is final.
SECTION 10. ORS 339.133 is amended to read:
339.133. (1) Except as provided in subsection (3), (4) or (6)
of this section, children between the ages of 4 and 18 shall be
considered resident for school purposes in the school district in
which their parents, guardians or persons in parental
relationship to them reside.
(2) Nonemancipated individuals between the ages of 4 and 18
living outside the geographic area of the school district for
such reasons as attending college, military service, hospital
confinement or employment away from home shall be considered
resident in the district in which their parents, guardians or
persons in parental relationship to them reside.
(3) Those individuals considered legally emancipated from their
parents shall be considered resident in the district in which
they actually reside, irrespective of the residence of their
parents, guardians or persons in parental relationship.
(4) Children placed by public or private agencies who are
living in substitute care programs licensed, certified or
approved shall be considered resident in the school district in
which they reside by placement of the public or private agency.
(5) Persons living temporarily in a school district for the
primary purpose of attending a district school shall not be
considered legally resident of the district in which they are
living temporarily, but shall be considered resident in the
district in which they, their parents, guardians or persons in
parental relationship to them maintain residency.
(6) Except as provided in ORS 327.006 (7) { - and - }
{ + , + } 335.090 { + and 339.115 (2) + }, persons whose legal
residence is not within the district but who attend school in the
district with the written consent of the affected district school
boards shall be considered to be residents of the district in
which the person attends school for purposes of the receipt by
that district of State School Fund moneys for the person.
(7) For the purposes of subsection (4) of this section, '
substitute care program' means family foster care, family group
home care, parole foster care, family shelter care, adolescent
shelter care and professional group care.
SECTION 11. ORS 339.141 is amended to read:
339.141. (1) For the purposes of this section:
(a) 'Public charter school' has the meaning given that term in
ORS 338.005.
(b) 'Regular school program' means the regular curriculum
provided in the required full-time day sessions in the schools of
the district, including public charter schools, for grades 1
through 12 and the school program for kindergarten during the
period of approximately nine months each year when the schools of
the district or public charter schools are normally in operation
and does not include summer sessions or evening sessions.
(c) 'Tuition' means payment for the cost of instruction and
does not include fees authorized under ORS 339.155.
(2) Except as provided in subsection (3) of this section,
district school boards and public charter schools may establish
tuition rates to be paid by pupils receiving instruction in
educational programs, classes or courses of study, including
traffic safety education, { - which - } { + that + } are not
a part of the regular school program. Tuition charges, if made,
shall not exceed the estimated cost to the district or public
charter school of furnishing the program, class or course of
study.
(3) Except as provided in ORS 336.805 for traffic safety
education:
(a) No tuition shall be charged to any resident pupil { + or
to any pupil admitted under ORS 339.115 (1)(b) who is + }
regularly enrolled in the regular school program for special
instruction received at any time in connection therewith.
(b) No program, class or course of study for which tuition is
charged, except courses of study beyond the 12th grade, shall be
eligible for reimbursement from state funds.
SECTION 12. ORS 343.085 is amended to read:
343.085. No tuition shall be charged to any resident student
{ + or to any student admitted under ORS 339.115 (1)(b) who
is + } participating in any special program authorized by this
chapter.
SECTION 13. { + Sections 2 to 5 of this 2001 Act and the
amendments to ORS 327.006, 327.043, 329.475, 339.115, 339.125,
339.133, 339.141 and 343.085 by sections 1 and 6 to 12 of this
2001 Act first apply to students admitted to school for the
2002-2003 school year. + }
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