Chapter 461
Oregon Laws 2011
AN ACT
HB 3359
Relating to
residency of students; creating new provisions; amending ORS 339.133; repealing
section 4, chapter 21, Oregon Laws 2010; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 339.133, as amended by
sections 1 and 3, chapter 21, Oregon Laws 2010, is amended to read:
339.133. (1) Except as provided in
subsection (3), (4), (5),[or]
(7) or (8) 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, their 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, their 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,
their guardians or persons in parental relationship.
(4) Children placed by public or
private agencies who are living in licensed, certified or approved substitute
care programs shall be considered resident in the school district in which they
reside because of placement by a 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 resident in the district in which they are living temporarily, but
shall be considered resident in the district in which they, their parents,
their 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 in the district in
which the persons attend school for purposes of the receipt by that district of
State School Fund moneys for those persons.
(8)(a) Children who are foreign
exchange students and who are residing in Oregon in a dormitory operated by a
school district are considered to be residents of the school district in which
the dormitory is located.
(b) For the purpose of this
subsection:
(A) A child may not be considered to
be a foreign exchange student for more than one school year.
(B) A child may be considered to be a
resident of a school district as provided by this subsection only if, for the
2010-2011 school year, the school district had foreign exchange students who
were considered to be residents as provided by this subsection.
(C) The number of children who are considered
to be residents as provided by this subsection may not increase from the number
that were considered to be residents as provided by this subsection for the
2010-2011 school year.
(c) As used in this subsection, “foreign
exchange student” means a student who attends school in Oregon under a cultural
exchange program and whose parent, guardian or person in parental relationship
resides in another country.
[(8)]
(9) For the purposes 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 339.133, as amended by
sections 1 and 3, chapter 21, Oregon Laws 2010, and section 1 of this 2011 Act,
is amended to read:
339.133. (1) Except as provided in
subsection (3), (4), (5)[,] or
(7) [or (8)] 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, their 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, their 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,
their guardians or persons in parental relationship.
(4) Children placed by public or
private agencies who are living in licensed, certified or approved substitute
care programs shall be considered resident in the school district in which they
reside because of placement by a 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 resident in the district in which they are living temporarily,
but shall be considered resident in the district in which they, their parents,
their 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 in the district in
which the persons attend school for purposes of the receipt by that district of
State School Fund moneys for those persons.
[(8)(a)
Children who are foreign exchange students and who are residing in Oregon in a
dormitory operated by a school district are considered to be residents of the
school district in which the dormitory is located.]
[(b)
For the purpose of this subsection:]
[(A)
A child may not be considered to be a foreign exchange student for more than
one school year.]
[(B)
A child may be considered to be a resident of a school district as provided by
this subsection only if, for the 2010-2011 school year, the school district had
foreign exchange students who were considered to be residents as provided by
this subsection.]
[(C)
The number of children who are considered to be residents as provided by this
subsection may not increase from the number that were considered to be
residents as provided by this subsection for the 2010-2011 school year.]
[(c)
As used in this subsection, “foreign exchange student” means a student who
attends school in Oregon under a cultural exchange program and whose parent,
guardian or person in parental relationship resides in another country.]
[(9)]
(8) For the purposes 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 3. The amendments to ORS
339.133 by section 2 of this 2011 Act become operative on July 1, 2013.
SECTION 4. If a school district is
the resident school district of foreign exchange students as described in ORS
339.133 (8), the school district shall submit a report to the interim
legislative committees on education no later than October 1, 2012. The report
required by this section shall include recommendations for funding options for
foreign exchange students that may be enacted in lieu of considering the
students to be residents of the district as provided by ORS 339.133 (8).
SECTION 5. Section 4, chapter 21,
Oregon Laws 2010, is repealed.
SECTION 6. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect July
1, 2011.
Approved by
the Governor June 21, 2011
Filed in the
office of Secretary of State June 21, 2011
Effective date
July 1, 2011
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