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
Senate Bill 215
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 as
introduced.
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 338.155, 338.165, 339.115, 339.133 and 340.070; repealing
ORS 339.134; 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 - } { + end of the school year + }.
(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. ORS 338.155 is amended to read:
338.155. (1) Students of a public charter school shall be
considered to be residents of the school district in which the
public charter school is located for purposes of distribution of
the State School Fund.
(2) A school district shall contractually establish, with any
public charter school that is sponsored by the board of the
school district, payment for provision of educational services to
the public charter school's students. The payment shall equal an
amount per weighted average daily membership (ADMw) of the public
charter school that is at least equal to:
(a) Eighty percent of the amount of the school district's
General Purpose Grant per ADMw as calculated under ORS 327.013
for students who are enrolled in kindergarten through grade
eight; and
(b) Ninety-five percent of the amount of the school district's
General Purpose Grant per ADMw as calculated under ORS 327.013
for students who are enrolled in grades 9 through 12.
(3) A school district shall contractually establish, with any
public charter school that is sponsored by the State Board of
Education and within the boundaries of the school district,
payment for provision of educational services to the public
charter school's students. The payment shall equal an amount per
weighted average daily membership (ADMw) of the public charter
school that is at least equal to:
(a) Ninety percent of the amount of the school district's
General Purpose Grant per ADMw as calculated under ORS 327.013
for students who are enrolled in kindergarten through grade
eight; and
(b) Ninety-five percent of the amount of the school district's
General Purpose Grant per ADMw as calculated under ORS 327.013
for students who are enrolled in grades 9 through 12.
(4) The estimated amount of each school district's General
Purpose Grant per ADMw shall be determined each year by the
Department of Education and made available to all school
districts.
(5) The school district in which the public charter school is
located shall transfer an amount per weighted average daily
membership (ADMw) of the public charter school that is equal to
50 percent of the amount of the school district's General Purpose
Grant per ADMw as calculated under ORS 327.013 that is not paid
to the public charter school through a contract created pursuant
to subsections (2) or (3) of this section to:
(a) Any school district in which the parent or guardian of or
person in parental relationship to a student of a public charter
school resides pursuant to ORS 339.133 { - and 339.134 - } ; or
(b) The Department of Education if the State Board of Education
is the sponsor of the public charter school.
(6) The department may use any money received under this
section for activities related to public charter schools.
(7) A school district and a public charter school may negotiate
to establish a payment for the provision of educational services
to the public charter school's students that is more than the
minimum amounts specified in subsection (2) or (3) of this
section.
(8) A school district shall send payment to a public charter
school based on a contract negotiated under this section within
10 days after receiving payments from the State School Fund
pursuant to ORS 327.095.
(9)(a) A public charter school may apply for any grant that is
available to school districts or nonchartered public schools from
the Department of Education. The department shall consider the
application of the public charter school in the same manner as an
application from a school district or nonchartered public school.
(b) The department shall award any grant that is available to
school districts based solely on the weighted average daily
membership (ADMw) of the school district directly to the public
charter school. This paragraph does not apply to any grant from
the State School Fund.
SECTION 4. ORS 338.165 is amended to read:
338.165. (1) Notwithstanding ORS 338.155 (1), for purposes of
this section, the 'resident school district' of a student who is
eligible for special education and related services shall be the
school district in which the student's parent or guardian or
person in parental relationship to the student reside pursuant to
ORS 339.133 { - and 339.134 - } .
(2) For students who attend public charter schools and are
eligible for special education and related services:
(a) The resident school district of the student shall be
responsible for providing any required special education and
related services to the student; and
(b) Amounts from the State School Fund for those students shall
be distributed through the resident school district pursuant to
this section.
(3) Notwithstanding ORS 338.155 (2), a resident school district
of a student who is eligible for special education and related
services shall contractually establish, with any public charter
school in which the student is enrolled, payment for provision of
special education and related services to the student. If a
student is enrolled in a public charter school and is eligible
for special education and related services an additional amount
shall be added to the ADM of the public charter school as
described in ORS 327.013 (7)(a)(A). The payment per ADMw in the
public charter school that is attributable to the student who is
eligible for special education and related services shall equal
an amount that is at least equal to:
(a) 40 percent of the amount of the school district's General
Purpose Grant per ADMw as calculated under ORS 327.013 for
students who are enrolled in kindergarten through grade eight;
and
(b) 47.5 percent of the amount of the school district's General
Purpose Grant per ADMw as calculated under ORS 327.013 for
students who are enrolled in grades 9 through 12.
(4) If the resident school district is not the sponsor of a
public charter school, the resident school district for each ADMw
that is attributable to a student enrolled in a public charter
school who is eligible for special education and related services
shall transfer five percent of the amount of the school
district's General Purpose Grant per ADMw as calculated under ORS
327.013 to the sponsor of the public charter school.
(5) Notwithstanding subsection (3) of this section, a school
district and a public charter school may negotiate on a
case-by-case basis for an alternative distribution of funds other
than the distribution prescribed by subsection (3) of this
section.
SECTION 5. ORS 340.070 is amended to read:
340.070. (1) The resident school district of an eligible
student participating in the Expanded Options Program 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, for school
purposes, a resident in the school district in which the
student's parents or guardians or persons in parental
relationship to the student reside, pursuant to ORS 339.133
{ - and 339.134 - } .
(2) If an eligible post-secondary institution intends to
provide special education and related services to an eligible
student participating in the Expanded Options Program, the
institution shall enter into a written contract with the resident
school district of the student. The contract shall include at
least the following:
(a) Allowance for the student to remain in the program during
the pendency of any special education due process hearing unless
the parents or guardians and school district agree otherwise;
(b) Immediate notification to the resident school district if
the institution suspects that a student participating in the
program may have a disability and requires special education or
related services;
(c) Immediate notification to the resident school district if
the student who is receiving special education and related
services has engaged in conduct that may lead to suspension or
expulsion; and
(d) Immediate notification to the resident school district of
any complaint made by the parents or guardians of the student
regarding the student's participation in the program at the
institution.
(3)(a) If an eligible post-secondary institution provides
special education and related services under a contract with a
resident school district, the institution shall comply with
standards established by the State Board of Education under this
section.
(b) The State Board of Education shall establish standards to
be applied to post-secondary institutions that provide special
education and related services under a contract with a resident
school district. The standards shall include at least the
following minimum requirements:
(A) The implementation of special education and related
services must be done as described in the eligible student's
individualized education program as defined in ORS 343.035; and
(B) The institution shall maintain the confidentiality of
education records in compliance with the federal Family
Educational Rights and Privacy Act (20 U.S.C. 1232g).
SECTION 6. { + ORS 339.134 is repealed. + }
SECTION 7. { + The amendments to ORS 338.155, 338.165,
339.115, 339.133 and 340.070 by sections 1 to 5 of this 2007 Act
and the repeal of ORS 339.134 by section 6 of this 2007 Act first
apply to the 2007-2008 school year. + }
SECTION 8. { + 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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