Bill Text: OR HB3008 | 2013 | Regular Session | Introduced
Bill Title: Relating to admittance of nonresident students.
Spectrum: Moderate Partisan Bill (Democrat 14-2)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3008 Detail]
Download: Oregon-2013-HB3008-Introduced.html
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 1998
House Bill 3008
Sponsored by Representative WILLIAMSON; Representatives BUCKLEY,
CLEM, DEMBROW, DOHERTY, FREDERICK, GREENLICK, HOLVEY, HOYLE,
JENSON, NATHANSON, UNGER, WITT, Senators KRUSE, MONNES
ANDERSON, STEINER HAYWARD
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.
Requires district school board that allows student to attend
school of other school district under contract or by giving
consent to adopt specified standards for admittance.
Sunsets open enrollment provisions for nonresident students on
July 1, 2014.
A BILL FOR AN ACT
Relating to admittance of nonresident students; creating new
provisions; and amending sections 20, 21 and 22, chapter 718,
Oregon Laws 2011.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A district school board that allows a
student of the school district to attend a school of another
school district by entering into a contract as provided by ORS
339.125 or by giving consent as described in ORS 339.133 (5)(a)
must adopt standards as provided by this section.
(2) The standards adopted under this section must include:
(a) A description of the process by which a student may request
the district school board to enter into a contract or give
consent, including timelines for responding to a request that the
board enter into a contract or give consent.
(b) A requirement that a district school board provide written
notice to the student of the board's decision whether to enter
into a contract or give consent. If the district school board
decides not to enter into a contract or give consent, the written
notice must be provided within 30 days of the decision and must
include an explanation of the reason for not entering into the
contract or giving consent.
(c) An appeals process if a district school board decides to
not enter into a contract or give consent.
(d) A requirement that when a contract is entered into or
consent is given, the affected school districts shall enter into
an agreement that identifies how payments will be made for the
costs of transporting the student.
(e) A prohibition against giving consent or entering into a
contract unless the school district board of the school district
where the student will be attending school:
(A) Is able to verify that the average class size of the school
district will not increase as a result of admitting additional
students as a result of the contract or consent; and
(B) Is able to identify the manner in which the needs of the
student will be met, if the school district does not have higher
average scores on assessments than the school district in which
the student resides.
(3) A district school board may not consider race, religion,
sex, sexual orientation, ethnicity, national origin, disability,
terms of an individualized education program, income level,
proficiency in the English language or athletic ability when:
(a) Determining whether to enter into a contract or give
consent; or
(b) Establishing any terms of a contract or consent.
(4) Nothing in this section:
(a) Prevents a district school board from entering into
interagency agreements to provide services to students who do not
reside in the school district or are not considered residents of
the school district.
(b) Prevents a district school board from denying admission to
a student as provided by ORS 339.115 (8). + }
SECTION 2. { + (1) Section 1 of this 2013 Act first applies to
students who seek admission for the 2014-2015 school year.
(2) Nothing in section 1 of this 2013 Act affects the status of
a student who was admitted as provided by ORS 339.125 or 339.133
(5) prior to the 2014-2015 school year. + }
SECTION 3. Section 21, chapter 718, Oregon Laws 2011, is
amended to read:
{ + Sec. 21. + } Section 9 { - of this 2011 Act - } { + ,
chapter 718, Oregon Laws 2011, + } is repealed on July 1,
{ - 2017 - } { + 2014 + }.
SECTION 4. Section 22, chapter 718, Oregon Laws 2011, is
amended to read:
{ + Sec. 22. + } (1) Nothing in the amendments to ORS 339.133
by section 19 { - of this 2011 Act - } { + , chapter 718,
Oregon Laws 2011, + } and the repeal of section 9 { - of this
2011 Act - } { + , chapter 718, Oregon Laws 2011, + } by section
21 { - of this 2011 Act - } { + , chapter 718, Oregon Laws
2011, + } affects the status of a person who was considered a
resident as provided by ORS 339.133 (5)(b) prior to the
{ - 2017-2018 - } { + 2014-2015 + } school year.
(2) Notwithstanding section 9 { - of this 2011 Act - } { + ,
chapter 718, Oregon Laws 2011 + }, a school district is not
required to take any action under section 9 { - of this 2011
Act - } { + , chapter 718, Oregon Laws 2011, + } for the
{ - 2017-2018 - } { + 2014-2015 + } school year.
SECTION 5. 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, + } become
operative on July 1,
{ - 2017 - } { + 2014 + }.
(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 - } { + 2014-2015 + } school year.
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