74th OREGON LEGISLATIVE ASSEMBLY--2007 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 490
A-Engrossed
Senate Bill 215
Ordered by the Senate March 2
Including Senate Amendments dated March 2
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Superintendent of Public
Instruction Susan Castillo for Department of Education)
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.
Defines 'person in parental relationship' for purposes of
school district residency. { - Allows child to continue through
end of school year to attend school child attended prior to
placement by public agency. - } Modifies requirements for school
admission of persons who are between ages 19 and 21.
Declares emergency, effective July 1, 2007.
A BILL FOR AN ACT
Relating to student admission; creating new provisions; amending
ORS 339.115 and 339.133; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 339.133 is amended to read:
339.133. (1) Except as provided in subsection (3), (4), (5) or
(7) 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) 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)(a) Notwithstanding subsection (4) of this section, when a
juvenile court determines that it is in a child's best interest
to continue to attend the school that the child attended prior to
placement by a public agency, the child:
(A) Shall be considered resident for school purposes in the
school district in which the child resided prior to the
placement; and
(B) May continue to attend the school the child attended prior
to the placement through the highest grade level of the school.
(b) The public agency that has placed the child shall be
responsible for providing the child with transportation to and
from school when the need for transportation is due to the
placement by the public agency.
(c) Paragraph (b) of this subsection applies only to a public
agency for which funds have been designated for the specific
purpose of providing a child with transportation to and from
school under this subsection.
(6) Persons living temporarily in a school district for the
primary purpose of attending a district school may 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.
(7) Except as provided in ORS 327.006 (7) and 335.090, 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.
(8) For the purposes of { - subsection (4) of - } this
section { - , - } { + :
(a) 'Person in parental relationship' means an adult who has
physical custody of a child or resides in the same household as
the child, interacts with the child daily, provides the child
with food, clothing, shelter and incidental necessaries and
provides the child with necessary care, education and discipline.
' Person in parental relationship' does not mean a person with a
power of attorney or other written delegation of parental
responsibilities if the person does not have other evidence of a
parental relationship.
(b) + } '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 2. 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 who
reside within the school district. A 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. A district school board may admit nonresident
persons, determine who is not a resident of the district and fix
rates of tuition for nonresidents.
(2) { + (a) + } 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) { + A district may admit an otherwise eligible person who
is not receiving special education and who has not yet attained
21 years of age prior to the beginning of the current school year
if the person is + } 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
343.151.
(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 3. { + The amendments to ORS 339.115 and 339.133 by
sections 1 and 2 of this 2007 Act first apply to the 2007-2008
school year. + }
SECTION 4. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect July 1,
2007. + }
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