72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3355
B-Engrossed
House Bill 3044
Ordered by the House July 23
Including House Amendments dated May 5 and July 23
Sponsored by Representative BACKLUND; Representative PATRIDGE
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.
Allows school district to seek payment of amount owed by
student from parent or guardian of student. { + Directs school
district board to adopt policies on collection of amounts that
are $50 or more. + } Directs school district to withhold grade
reports, diploma and records of student owing debt to school
district until debt is paid { + if debt is $50 or more + }.
Allows school district board to adopt policies to waive all or
portion of debt under certain circumstances. Specifies notice to
student and parent or guardian.
{ - Declares emergency, effective July 1, 2003. - }
A BILL FOR AN ACT
Relating to collection of amounts owed by students; creating new
provisions; and amending ORS 339.260 and 339.270.
Be It Enacted by the People of the State of Oregon:
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 of $50 or more to the school district. A
school district may withhold the grade reports, diploma and
records of any student or former student who owes a debt of less
than $50 to the school district. A school district shall release
the grade reports, diploma and records upon 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 board shall adopt policies about
how the school district shall collect from a student or the
parent or guardian of the student any amount that is owed to a
school district that is $50 or more by a student or former
student of the school district. In addition, the school district
board may adopt policies for the collection of debt owed to the
school district that is less than $50. + }
(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 if:
(a) The school district determines that the student or the
parent or guardian of the student is unable to pay the debt;
(b) The payment of the debt could impact the health or safety
of the student;
(c) 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; or
(d) There are mitigating circumstances as determined by the
superintendent of the school district that preclude the
collection of the debt. + }
{ - (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 under { - subsections (1) or (2) - }
{ + subsection (1) of this section or any debt is collected
under subsection (2) + } of this section, a school district board
{ - of directors shall adopt rules of procedure which - }
{ + shall adopt policies that + } ensure that the rights of the
student to due process are protected. { + The policies adopted
under this subsection and subsection (2) of this section 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, diploma or records of a student or former student,
the school district must give written or oral 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, diploma and
records of the student until the debt is paid. The notice must
also state that the school district may pursue the matter through
a private collection agency or other method available to the
school district. A school district may give more than one notice
to the student and the parent or guardian of the student.
(8) Following a date that is at least 10 days after the date of
the last notice given 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:
(a) Shall, if the the debt is $50 or more, withhold the grade
reports, diploma and records of the student;
(b) May, if the the debt is less than $50, withhold the grade
reports, diploma and records of the student; and
(c) May 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 a 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. If the cost is $50 or
more, 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, or if other arrangements have not been made, 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.
(2) If the cost of repairing or replacing school district
property is less than $50, the school district may proceed under
this section to collect the debt. + }
{ - (2) - } { + (3) + } If the { - assessed damages
are - } { + debt owed to the school district is + } not paid as
demanded, the { - district - } school { + district + }
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 July 1, 2004. + }
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