77th OREGON LEGISLATIVE ASSEMBLY--2013 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 884
 
                           A-Engrossed
 
                         House Bill 2747
                  Ordered by the House April 4
            Including House Amendments dated April 4
 
Sponsored by COMMITTEE ON 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.
 
    { - Requires district school board that admits nonresident
students under contract or by giving consent to adopt specified
standards for admittance. - } 
    { - Modifies method by which State School Fund distributions
are made if nonresident student is admitted as result of contract
or consent. - } 
   { +  Describes student characteristics that district school
board that admits nonresident students by giving consent or that
charges nonresident students tuition is prohibited from
considering when determining whether to give consent or accept
nonresident student or when establishing terms of consent or
amount of tuition.  Describes information and other factors that
district school board may request or consider prior to giving
consent or accepting nonresident student.
  Allows district school board to limit number of students to
whom board will give consent. + }
 
                        A BILL FOR AN ACT
Relating to admittance of nonresident students; creating new
  provisions; and amending section 20, chapter 718, Oregon Laws
  2011.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A district school board that admits
nonresident students by giving consent as described in ORS
339.133 (5)(a) may not consider race, religion, sex, sexual
orientation, ethnicity, national origin, disability, health,
whether a student has an individualized education program, the
terms of an individualized education program, income level,
residence, proficiency in the English language, athletic ability
or academic records when:
  (a) Determining whether to give consent; or
  (b) Establishing any terms of consent.
  (2) A district school board that is considering whether to
admit a nonresident student by giving consent may require only
the following information prior to deciding whether to give
consent:
  (a) The name, contact information, date of birth and grade
level of the student; and
  (b) Information about whether the school district may be
prevented or otherwise limited from providing consent as provided
by ORS 339.115 (8).
  (3) A district school board that is considering whether to
admit a nonresident student by giving consent may not:
  (a) Request or require any person to provide or have provided
any of the following information related to a student prior to
the district school board deciding whether to give consent to the
student:
  (A) Information about the student's race, religion, sex, sexual
orientation, ethnicity, national origin, disability, health,
whether a student has an individualized education program, the
terms of an individualized education program, income level,
residence, proficiency in the English language or athletic
ability; or
  (B) Academic records, including eligibility for or
participation in a talented and gifted program or special
education and related services.
  (b) Request or require the student to participate in an
interview or to otherwise meet with any representatives of a
school or a school district prior to the district school board
deciding whether to give consent to the student.
  (c) Request any information used to supplement the information
described in subsection (2) of this section prior to deciding
whether to give consent to the student.
  (4)(a) A district school board that admits nonresident students
by giving consent as described in ORS 339.133 (5)(a) may limit
the number of students to whom consent is given. The district
school board must make the determination whether to limit the
number of students to whom consent is given by an annual date
established by the board.
  (b) If the number of students seeking admission exceeds any
limitations imposed by the district school board, the board must
admit nonresident students based on an equitable lottery
selection process. The process may give priority to students who
have siblings currently enrolled in a school of the school
district.
  (c) A district school board may revise the maximum number of
students to whom consent will be given at a time other than the
annual date established by the board if there are no pending
applications for consent.
  (5) A district school board that is requested to give consent
to allow a resident student to be admitted by another school
district as described in ORS 339.133 (5)(a) may not consider
race, religion, sex, sexual orientation, ethnicity, national
origin, disability, health, whether a student has an
individualized education program, the terms of an individualized
education program, income level, residence, proficiency in the
English language, athletic ability or academic records when
determining whether to give consent.
  (6) If a district school board decides to not give consent to a
student, the board must provide a written explanation to the
student.
  (7) A district school board that gives consent as provided by
ORS 339.133 (5)(a) may determine the length of time for which
consent is given. Any limitations in length of time must be
applied consistently among all students to whom consent is given.
  (8) Nothing in this section:
  (a) Requires a district school board to admit siblings if the
board imposes limitations on the number of students admitted by
consent.
  (b) Prevents a district school board from denying admission to
a nonresident student as provided by ORS 339.115 (8).
  (c) Prevents a district school board from requesting
information or giving consent to a student in the event of an
 
emergency to protect the health, safety or welfare of the
student. + }
  SECTION 2.  { + (1) Section 1 of this 2013 Act first applies
to:
  (a) Nonresident students who seek admission for the 2014-2015
school year; and
  (b) State School Fund distributions commencing with the
2014-2015 distributions.
  (2) Nothing in section 1 of this 2013 Act affects the status of
a nonresident student who was admitted as provided by ORS 339.125
or 339.133 (5)(a) prior to the 2014-2015 school year. + }
  SECTION 3. Section 1 of this 2013 Act is amended to read:
   { +  Sec. 1. + } (1) A district school board that admits
nonresident students by giving consent as described in ORS
339.133 (5)  { - (a) - } may not consider race, religion, sex,
sexual orientation, ethnicity, national origin, disability,
health, whether a student has an individualized education
program, the terms of an individualized education program, income
level, residence, proficiency in the English language, athletic
ability or academic records when:
  (a) Determining whether to give consent; or
  (b) Establishing any terms of consent.
  (2) A district school board that is considering whether to
admit a nonresident student by giving consent may require only
the following information prior to deciding whether to give
consent:
  (a) The name, contact information, date of birth and grade
level of the student; and
  (b) Information about whether the school district may be
prevented or otherwise limited from providing consent as provided
by ORS 339.115 (8).
  (3) A district school board that is considering whether to
admit a nonresident student by giving consent may not:
  (a) Request or require any person to provide or have provided
any of the following information related to a student prior to
the district school board deciding whether to give consent to the
student:
  (A) Information about the student's race, religion, sex, sexual
orientation, ethnicity, national origin, disability, health,
whether a student has an individualized education program, the
terms of an individualized education program, income level,
residence, proficiency in the English language or athletic
ability; or
  (B) Academic records, including eligibility for or
participation in a talented and gifted program or special
education and related services.
  (b) Request or require the student to participate in an
interview or to otherwise meet with any representatives of a
school or a school district prior to the district school board
deciding whether to give consent to the student.
  (c) Request any information used to supplement the information
described in subsection (2) of this section prior to deciding
whether to give consent to the student.
  (4)(a) A district school board that admits nonresident students
by giving consent as described in ORS 339.133 (5)  { - (a) - }
may limit the number of students to whom consent is given. The
district school board must make the determination whether to
limit the number of students to whom consent is given by an
annual date established by the board.
  (b) If the number of students seeking admission exceeds any
limitations imposed by the district school board, the board must
admit nonresident students based on an equitable lottery
selection process. The process may give priority to students who
have siblings currently enrolled in a school of the school
district.
 
  (c) A district school board may revise the maximum number of
students to whom consent will be given at a time other than the
annual date established by the board if there are no pending
applications for consent.
  (5) A district school board that is requested to give consent
to allow a resident student to be admitted by another school
district as described in ORS 339.133 (5)  { - (a) - }  may not
consider race, religion, sex, sexual orientation, ethnicity,
national origin, disability, health, whether a student has an
individualized education program, the terms of an individualized
education program, income level, residence, proficiency in the
English language, athletic ability or academic records when
determining whether to give consent.
  (6) If a district school board decides to not give consent to a
student, the board must provide a written explanation to the
student.
  (7) A district school board that gives consent as provided by
ORS 339.133 (5)  { - (a) - }  may determine the length of time
for which consent is given. Any limitations in length of time
must be applied consistently among all students to whom consent
is given.
  (8) Nothing in this section:
  (a) Requires a district school board to admit siblings if the
board imposes limitations on the number of students admitted by
consent.
  (b) Prevents a district school board from denying admission to
a nonresident student as provided by ORS 339.115 (8).
  (c) Prevents a district school board from requesting
information or giving consent to a student in the event of an
emergency to protect the health, safety or welfare of the
student.
  SECTION 4. Section 20, chapter 718, Oregon Laws 2011, is
amended to read:
   { +  Sec. 20. + } (1) The amendments to ORS 327.006, 329.485,
332.405, 339.115, 339.134 and 343.151 by sections 11 to 14, 17
and 18   { - of this 2011 Act - }  { + , chapter 718, Oregon Laws
2011, + } become operative on January 1, 2012.
  (2) The amendments to ORS 339.133 by section 19   { - of this
2011 Act - }  { + , chapter 718, Oregon Laws 2011, and the
amendments to section 1 of this 2013 Act by section 3 of this
2013 Act + } become operative on July 1, 2017.
  (3) The amendments to ORS 339.133 by section 19   { - of this
2011 Act - }  { + , chapter 718, Oregon Laws 2011, + } first
apply to the 2017-2018 school year.
  SECTION 5.  { + (1) A district school board that admits
nonresident students and charges nonresident students tuition may
not consider race, religion, sex, sexual orientation, ethnicity,
national origin, disability, health, whether a student has an
individualized education program, the terms of an individualized
education program, income level, residence, proficiency in the
English language, athletic ability or academic records when:
  (a) Determining whether to accept a nonresident student; or
  (b) Establishing the amount of tuition.
  (2) A district school board that admits nonresident students
and charges nonresident students tuition may require a student
seeking to attend the schools of the school district to provide
the following information:
  (a) The name, contact information, date of birth and grade
level of the student; and
  (b) Information about whether the school district may be
prevented or otherwise limited from admitting the student as
provided by ORS 339.115 (8).
  (3) A district school board that admits nonresident students
and charges nonresident students tuition may not:
 
 
  (a) Request or require any person to provide or have provided
any of the following information related to a student prior to
the district school board deciding whether to admit the student:
  (A) Information about the student's race, religion, sex, sexual
orientation, ethnicity, national origin, disability, health,
whether a student has an individualized education program, the
terms of an individualized education program, income level,
residence, proficiency in the English language or athletic
ability; or
  (B) Academic records, including eligibility for or
participation in a talented and gifted program or special
education and related services.
  (b) Request or require the student to participate in an
interview or to otherwise meet with any representatives of a
school or a school district prior to the district school board
deciding whether to admit the student.
  (c) Request any information used to supplement the information
described in subsection (2) of this section prior to deciding
whether to admit the student.
  (4) If a district school board decides to deny admission to a
nonresident student and to charge the nonresident student
tuition, the board must provide a written explanation to the
student.
  (5) Nothing in this section:
  (a) Prevents a district school board from denying admission to
a nonresident student as provided by ORS 339.115 (8).
  (b) Prevents a district school board from requesting
information or admitting a student in the event of an emergency
to protect the health, safety or welfare of the student. + }
  SECTION 6.  { + (1) Section 5 of this 2013 Act first applies
to:
  (a) Nonresident students who seek admission for the 2014-2015
school year; and
  (b) State School Fund distributions commencing with the
2014-2015 distributions.
  (2) Nothing in section 5 of this 2013 Act affects the status of
a nonresident student who was admitted as provided by ORS 339.125
or 339.133 (5)(a) prior to the 2014-2015 school year. + }
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