72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 3044
 
LC 3355/HB 3044-6
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3044
 
                    By COMMITTEE ON EDUCATION
 
                              May 5
 
  On page 1 of the printed bill, delete line 3 and insert '
339.260 and 339.270; and declaring an emergency.'.
  Delete lines 5 through 31 and delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + } ORS 339.260 is amended to read:
  ' 339.260. (1)   { - Any school district which is owed a fee or
the property of which has been lost or willfully damaged or
injured may withhold the grade reports, diploma or records of the
student who owes the fee or is responsible for the loss or damage
until the student or the parent or guardian of the student has
paid the amount owed. - }   { + A school district shall withhold
the grade reports, diploma and records of any student or former
student who owes a debt to the school district. A school district
shall release the grade reports, diploma and records upon the
payment of the debt. + }
  '  { - (2) When the student or the parent or guardian of the
student is unable to pay the amount owed under subsection (1) of
this section, the school district may waive the amount owed. - }
  '  { +  (2) A school district shall collect from a student or
the parent or guardian of the student any amount that is over $50
and owed to a school district by a student or former student of
the school district. + }
  ' (3) The parent or guardian of such student shall be liable
for damages as otherwise provided by law.
  '  { +  (4) Notwithstanding subsections (1) and (2) of this
section, a school district board may adopt policies that allow
the school district to waive all or a portion of a debt owed to
the school district by a student in the following circumstances:
  ' (a) If the school district determines that the student or the
parent or guardian of the student is unable to pay the debt;
  ' (b) If the payment of the debt could impact the health or
safety of the student; and
  ' (c) If the creation of the notice required by subsection (7)
of this section would cost more than the potential total debt
collected relating to the notice. + }
  '  { - (4) - }  { +  (5) + } Notwithstanding   { - subsections
(1) and (2) - }  { +  subsection (1) + } of this section, a
school district shall not withhold the education records of a
student in the circumstances described in ORS 326.575 and
applicable rules of the State Board of Education or when such
records are requested for use in the appropriate placement of the
student.
  '  { - (5) - }  { +  (6) + } Before any grade reports, diplomas
or records are withheld  { + or any debt is collected + } under
 { - subsections - }   { + subsection + } (1) or (2) of this
section, a school district board of directors shall adopt rules
of procedure which ensure that the rights of the student to due
process are protected.  { + The rules of procedure adopted under
this subsection shall meet the requirements of subsections (7)
and (8) of this section.
 
  ' (7) Prior to pursuing the collection of a debt owed to the
school district by a student or former student or withholding any
grade reports, diplomas or records of a student or former
student, the school district must give written notice to the
student and the parent or guardian of the student. The notice
must state the reason the student owes money to the school
district and the amount owed. The notice must inform the student
and the parent or guardian of the student that the school
district intends to withhold the grade reports, diplomas and
records of the student until the debt is paid. If the debt is
over $50, the notice must also state that the school district
intends to pursue the matter through a private collection agency
or other method available to the school district.
  ' (8) Following a date that is at least 10 days after the date
of the notice under subsection (7) of this section, if the
student or the parent or guardian of the student has not paid the
debt, the school district shall:
  ' (a) Withhold the grade reports, diploma and records of the
student; and
  ' (b) If the debt is over $50, pursue the matter through a
private collection agency or other method available to the school
district. + }
  '  { - (6) - }  { +  (9) + } Nothing in subsection (1) of this
section is intended to prevent inspection of student education
records by a parent or legal guardian pursuant to ORS 343.173,
the rules of the State Board of Education and applicable state
and federal law.
  '  { +  (10) Each school district shall notify students about
the provisions of this section and ORS 339.270 at least once each
school year.
  ' (11) In any civil action by a school district against a
student or parent or guardian of a student for the collection of
debt owed to the school district, if the school district is the
prevailing party, the court shall award the school district costs
and reasonable attorney fees. + }
  '  { +  SECTION 2. + } ORS 339.270 is amended to read:
  ' 339.270. (1)   { - The amount of damage to any school
property shall be determined by procedures established by the
district school board and they may be assessed against the pupil
willfully causing the injury or damage and against the parent or
parents having legal custody of the pupil or against the legal
guardian of the pupil. - }  { +  If a school district finds that
a student is responsible for damaging school district property,
the school district shall determine the reasonable cost of
repairing or replacing the school district property. The school
district shall notify the student and the parent or guardian of
the student about the cost and shall charge the student or the
parent or guardian of the student for the cost of repairing or
replacing the school district property. If the amount is not paid
by the student or the parent or guardian of the student within 10
days of receiving the notice under this subsection, the amount
shall become a debt owed by the student or the parent or guardian
of the student, and the school district shall withhold the grade
reports, diploma and records of the student pursuant to ORS
339.260. If the debt owed under this subsection is over $50, the
school district shall collect the debt as specified in ORS
339.260. + }
  ' (2) If the   { - assessed damages are - }  { +  debt owed to
the school district is + } not paid as demanded, the district
school board, in addition to any other remedy provided by law,
may bring an action under this section against the   { - pupil
and against the parent or parents having legal custody of the
pupil or against the legal guardian of the pupil - }  { +
student or parent or guardian of the student + } in a court of
competent jurisdiction for the amount   { - of the assessed
 
damages not to exceed $5,000 - }  { +  owed to the school
district + } plus costs  { + and reasonable attorney fees + }.
  '  { +  SECTION 3. + }  { + The amendments to ORS 339.260 and
339.270 by sections 1 and 2 of this 2003 Act apply to debt
incurred by a student on or after the effective date of this 2003
Act. + }
  '  { +  SECTION 4. + }  { + This 2003 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2003 Act
takes effect July 1, 2003. + } ' .
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