Bill Text: OR HB3681 | 2011 | Regular Session | Enrolled
Bill Title: Relating to residency of students.
Spectrum: Committee Bill
Status: (Passed) 2011-08-02 - Chapter 697, (2011 Laws): Effective date January 1, 2012. [HB3681 Detail]
Download: Oregon-2011-HB3681-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3681
Sponsored by COMMITTEE ON RULES
CHAPTER ................
AN ACT
Relating to residency of students; creating new provisions; and
amending ORS 327.006, 329.485, 332.405, 339.115, 339.133,
339.134 and 343.151.
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) { + (a) + } Except as provided in { - subsection
(3), (4), (5) or (7) - } { + subsections (2) to (5) + } 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) - } { + (b) + } 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.
{ + (c) 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 reside. + }
{ - (3) - } { + (2) + } 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) - } { + (3) + } 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) - } { + (4)(a) + } Notwithstanding subsection
{ - (4) - } { + (3) + } 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:
Enrolled House Bill 3681 (HB 3681-A) Page 1
(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) - } { + (5) + } 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 - } { + are considered + } 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. - } { + if those persons receive:
(a) Written consent from both of the affected district school
boards as provided by policies adopted by the boards; or
(b) Written consent from the district school board for the
district in which the school is located as provided by section 2
of this 2011 Act. + }
{ - (8) - } { + (6) + } 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. { + (1) For purposes of ORS 339.133 (5)(b), a
person whose legal residence is not within a school district but
who attends school in the district is considered a resident of
the district in which the person attends school if the person
receives written consent to attend school from the district
school board where the school is located, as provided by this
section.
(2)(a) By March 1 of each year, a district school board shall
determine whether the board will give consent to persons whose
legal residence is not within the school district.
(b) If the district school board will give consent, the board
shall establish standards by which consent will be given. The
standards must:
(A) Identify the number of persons to whom consent will be
given for the school year. The district school board may limit
Enrolled House Bill 3681 (HB 3681-A) Page 2
the number of persons to whom consent will be given based on
school, grade or a combination of school and grade.
(B) Allow persons who live within the boundaries of the school
district the first opportunity to change to a different school in
the district if the district school board will be giving consent
to attend that school to persons who do not reside within the
district.
(3) A person seeking consent as provided by this section must
request consent no later than April 1 prior to the beginning of
the school year for which consent is being requested. Requests
may be submitted before the district school board makes the
determination and establishes the standards described in
subsection (2) of this section, but may not be considered by the
board when the board makes the determination and establishes the
standards.
(4)(a) A district school board must give consent to a person
who requests consent unless:
(A) The board decides to not give consent to any person as
allowed by subsection (2) of this section;
(B) The board decides to limit the number of persons to whom
consent will be given and the person was not selected to be given
consent based on the selection process described in subsection
(5) of this section; or
(C) The board is not required to admit the person, as provided
by ORS 339.115 (8).
(b) A district school board may not deny consent or give
priority based on 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.
(5) If the number of persons seeking consent exceeds the number
of persons to whom the district school board has determined will
be given consent, the board shall give consent based on an
equitable lottery selection process. The process may give
priority to persons who have siblings currently enrolled in a
school of the school district, but in no event may a sibling be
given priority to any open spot in the schools of the school
district over any persons who reside within the school district.
(6)(a) Except as provided by paragraphs (b) and (c) of this
subsection, a person who receives consent and who is considered a
resident of a district as provided by this section shall be
considered a resident of the district for all educational
purposes. A person who is considered a resident of the district
as provided by this section shall continue to be considered a
resident of the district until the person:
(A) Graduates from high school;
(B) Is no longer required to be admitted to the schools of the
school district under ORS 339.115; or
(C) Enrolls in a school in a different school district.
(b) A school district is not required to provide transportation
outside the boundaries of the district to a person who is
considered a resident of the district as provided by this
section, except that a district:
(A) Must allow persons who are considered a resident of the
district as provided by this section to use existing bus routes
and transportation services of the district. Transportation
provided under this subparagraph is considered approved
transportation costs for purposes of ORS 327.013.
(B) May provide a stipend for a person who is a member of a
low-income family, as defined in ORS 339.147, in an amount that
Enrolled House Bill 3681 (HB 3681-A) Page 3
does not exceed the district's average cost per student for
transportation.
(C) Must provide transportation if required by federal law.
(c) After the first year that a person is considered a resident
of a district as provided by this section, the district school
board may transfer the person to a different school in the
district. Any transfers must be made consistent with district
policy and do not affect the status of the person as a resident
of the district.
(7) A district school board shall provide written notification
of the attendance of a person who receives consent as provided by
this section to the district school board where the legal
residence of the person is located. The written notification
required by this subsection must be provided no later than May 1
prior to the beginning of the school year for which consent was
given.
(8) Nothing in this section:
(a) Requires a district school board to give consent to
siblings if the board determines that consent will not be given
to any students for a school year.
(b) Prevents a school district from entering into interagency
agreements to provide services to persons who do not reside in
the school district or are not considered residents of the school
district.
(c) Prevents or otherwise limits a district school board from
providing consent to a person who has received consent from the
district school board for the school district in which the person
resides, as provided by ORS 339.133 (5)(a). + }
SECTION 3. { + (1) Section 2 of this 2011 Act and the
amendments to ORS 339.133 by section 1 of this 2011 Act first
apply to persons who seek consent for the 2012-2013 school year.
(2) Nothing in section 2 of this 2011 Act or the amendments to
ORS 339.133 by section 1 of this section affects the status of a
person who was considered a resident as provided by ORS 339.133
(5) prior to the 2012-2013 school year. + }
SECTION 4. ORS 329.485 is amended to read:
329.485. (1) As used in this section:
(a) 'Content-based assessment' means testing of the
understanding of a student of a predetermined body of knowledge.
(b) 'Criterion-referenced assessment' means testing of the
knowledge or ability of a student with respect to some standard.
(c) 'Performance-based assessment' means testing of the ability
of a student to use knowledge and skills to create a complex or
multifaceted product or complete a complex task.
(2)(a) The Department of Education shall implement statewide a
valid and reliable assessment system for all students that meets
technical adequacy standards. The assessment system shall include
criterion-referenced assessments including performance-based
assessments, content-based assessments, and other valid methods
to measure the academic content standards and to identify
students who meet or exceed the standards.
(b) The department shall develop the statewide assessment
system in mathematics, science, English, history, geography,
economics and civics.
(3) In addition to the assessment system implemented under
subsection (2) of this section, the department may make available
to school districts and public charter schools an assessment
system that uses criterion-referenced assessments including
performance-based assessments and content-based assessments to:
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(a) Measure a student's progress in achieving the academic
content standards for the student's current grade level;
(b) Determine the grade level of the understanding, knowledge
or ability of a student, which shall be determined regardless of
the actual grade level of the student and may be determined by
adapting the assessment during the assessment process as a result
of the performance of the student;
(c) Track and provide reports on the progress of a student
based on the information provided under paragraphs (a) and (b) of
this subsection; and
(d) Provide predictions of anticipated student progress that
are based on the information provided under this subsection and
not on the current grade level of the student.
(4)(a) School districts and public charter schools shall
implement the statewide assessment system in mathematics, science
and English. In addition, school districts and public charter
schools may implement the statewide assessment system in history,
geography, economics and civics.
(b) School districts and public charter schools may implement
the assessment system described in subsection (3) of this
section.
(5) Each year the resident district shall be accountable for
determining the student's progress toward achieving the academic
content standards. Progress toward the academic content standards
shall be measured in a manner that clearly enables the student
and parents to know whether the student is making progress toward
meeting or exceeding the academic content standards. In addition,
the district shall adopt a grading system based on the local
school district board adopted course content of the district's
curriculum. The grading system shall clearly enable the student
and parents to know how well the student is achieving course
requirements.
(6) If a student has not met or has exceeded all of the
academic content standards, the school district shall make
additional services or alternative educational or public school
options available to the student.
(7) If the student to whom additional services or alternative
educational options have been made available does not meet or
exceed the academic content standards within one year, the school
district, with the consent of the parents, shall make an
appropriate placement, which may include an alternative education
program or the transfer of the student to another public school
in the district or to a public school in another district that
agrees to accept the student. The district that receives the
student shall be entitled to payment. The payment shall consist
of:
(a) An amount equal to the district expenses from its local
revenues for each student in average daily membership, payable by
the resident district in the same year; and
(b) Any state and federal funds the attending district is
entitled to receive payable as provided in ORS 339.133
{ - (2) - } { + (1)(b) + }.
SECTION 5. 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
Enrolled House Bill 3681 (HB 3681-A) Page 5
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 high
school diploma as described in ORS 329.451 (2); or
(B) Receiving special education and has received a modified
diploma, an extended diploma or an alternative certificate as
described in ORS 329.451.
(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 high school 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) + }, 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
Enrolled House Bill 3681 (HB 3681-A) Page 6
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 6. ORS 339.134 is amended to read:
339.134. (1) Notwithstanding ORS 339.133 { - (4) - } { +
(3) + }, a child with a disability shall be considered a resident
for school purposes in the school district in which the child's
parent or guardian resides if:
(a) The child is voluntarily placed outside the child's home by
the child's parent or guardian;
(b) The child's parent or guardian retains legal guardianship
of the child;
(c) There is a plan for the child to return home;
(d) The placement is within 20 miles by the nearest traveled
road from the original school building, unless there are
physiographic conditions that make transportation to the original
school building not feasible; and
(e) The child's parent or guardian and the school staff can
demonstrate that it is in the best interest of the child to
continue to attend the school the child was attending prior to
the placement. The best interest of the child may be demonstrated
by factors, including but not limited to the following:
(A) The child's siblings attend the school;
(B) A change in the child's routine would be detrimental to the
child; or
(C) The child has developed and maintained a network of
personal contacts, support services and friends and a sense of
community within the school.
(2) If a child qualifies under subsection (1) of this section,
the child may continue to attend the school the child was
attending prior to the placement in the child's resident school
district.
(3) Nothing in this section shall affect the ability of school
districts to enter into agreements with other school districts
for the transportation of students.
SECTION 7. ORS 327.006 is amended to read:
327.006. As used in ORS 327.006 to 327.133, 327.348, 327.355,
327.357, 327.360 and 327.731:
(1) 'Aggregate days membership' means the sum of days present
and absent, according to the rules of the State Board of
Education, of all resident pupils when school is actually in
session during a certain period. The aggregate days membership of
kindergarten pupils shall be calculated on the basis of a
half-day program.
(2)(a) 'Approved transportation costs' means those costs as
defined by rule of the State Board of Education and is limited to
those costs attributable to transporting or room and board
provided in lieu of transporting:
Enrolled House Bill 3681 (HB 3681-A) Page 7
(A) Elementary school students who live at least one mile from
school;
(B) Secondary school students who live at least 1.5 miles from
school;
(C) Any student required to be transported for health or safety
reasons, according to supplemental plans from districts that have
been approved by the state board identifying students who are
required to be transported for health or safety reasons,
including special education;
(D) Preschool children with disabilities requiring
transportation for early intervention services provided pursuant
to ORS 343.224 and 343.533;
(E) Students who require payment of room and board in lieu of
transportation;
(F) A student transported from one school or facility to
another school or facility when the student attends both schools
or facilities during the day or week; and
(G) Students participating in school-sponsored field trips that
are extensions of classroom learning experiences.
(b) 'Approved transportation costs' does not include the cost
of constructing boarding school facilities.
(3) 'Average daily membership' or 'ADM' means the aggregate
days membership of a school during a certain period divided by
the number of days the school was actually in session during the
same period. However, if a district school board adopts a class
schedule that operates throughout the year for all or any schools
in the district, average daily membership shall be computed by
the Department of Education so that the resulting average daily
membership will not be higher or lower than if the board had not
adopted such schedule.
(4) 'Consumer Price Index' means the Consumer Price Index for
All Urban Consumers of the Portland, Oregon, Metropolitan
Statistical Area, as compiled by the United States Department of
Labor, Bureau of Labor Statistics.
(5) 'Kindergarten' means a kindergarten program that conforms
to the standards and rules adopted by the State Board of
Education.
(6) 'Net operating expenditures' means the sum of expenditures
of a school district in kindergarten through grade 12 for
administration, instruction, attendance and health services,
operation of plant, maintenance of plant, fixed charges and
tuition for resident students attending in another district, as
determined in accordance with the rules of the State Board of
Education, but net operating expenditures does not include
transportation, food service, student body activities, community
services, capital outlay, debt service or expenses incurred for
nonresident students.
(7)(a) 'Resident pupil' means any pupil:
(A) Whose legal school residence is within the boundaries of a
school district reporting the pupil, if the district is legally
responsible for the education of the pupil, except that 'resident
pupil' does not include a pupil who pays tuition or for whom the
parent pays tuition or for whom the district does not pay tuition
for placement outside the district; or
(B) Whose legal residence is not within the boundaries of the
district reporting the pupil but { + who + } attends school in
the district with the written consent { - of the affected
school district boards - } { + received as provided by ORS
339.133 (5) + }.
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(b) A pupil is not considered to be a resident pupil under
paragraph (a)(A) of this subsection if the pupil is attending
school in another school district pursuant to a contract under
ORS 339.125 and in the prior year was considered to be a resident
pupil in another school district under paragraph (a)(B) of this
subsection. The pupil shall continue to be considered a resident
of another school district under paragraph (a)(B) of this
subsection.
(c) A pupil is not considered to be a resident pupil under
paragraph (a)(B) of this subsection if the pupil is attending
school in a school district pursuant to { - an agreement with
another school district under - } ORS 339.133 { + (5) + } and
in the prior year was considered to be a resident pupil under
paragraph (a)(A) of this subsection because the pupil was
attending school in another school district pursuant to a
contract under ORS 339.125. The pupil shall continue to be
considered a resident pupil under paragraph (a)(A) of this
subsection.
(d) 'Resident pupil' includes a pupil admitted to a school
district under ORS 339.115 (7).
(8) 'Standard school' means a school meeting the standards set
by the rules of the State Board of Education.
(9) 'Tax' and 'taxes' includes all taxes on property, excluding
exempt bonded indebtedness, as those terms are defined in ORS
310.140.
SECTION 8. ORS 327.006, as amended by section 11, chapter 846,
Oregon Laws 2007, and section 41, chapter 11, Oregon Laws 2009,
is amended to read:
327.006. As used in ORS 327.006 to 327.133, 327.348 and
327.731:
(1) 'Aggregate days membership' means the sum of days present
and absent, according to the rules of the State Board of
Education, of all resident pupils when school is actually in
session during a certain period. The aggregate days membership of
kindergarten pupils shall be calculated on the basis of a
half-day program.
(2)(a) 'Approved transportation costs' means those costs as
defined by rule of the State Board of Education and is limited to
those costs attributable to transporting or room and board
provided in lieu of transporting:
(A) Elementary school students who live at least one mile from
school;
(B) Secondary school students who live at least 1.5 miles from
school;
(C) Any student required to be transported for health or safety
reasons, according to supplemental plans from districts that have
been approved by the state board identifying students who are
required to be transported for health or safety reasons,
including special education;
(D) Preschool children with disabilities requiring
transportation for early intervention services provided pursuant
to ORS 343.224 and 343.533;
(E) Students who require payment of room and board in lieu of
transportation;
(F) A student transported from one school or facility to
another school or facility when the student attends both schools
or facilities during the day or week; and
(G) Students participating in school-sponsored field trips that
are extensions of classroom learning experiences.
Enrolled House Bill 3681 (HB 3681-A) Page 9
(b) 'Approved transportation costs' does not include the cost
of constructing boarding school facilities.
(3) 'Average daily membership' or 'ADM' means the aggregate
days membership of a school during a certain period divided by
the number of days the school was actually in session during the
same period. However, if a district school board adopts a class
schedule that operates throughout the year for all or any schools
in the district, average daily membership shall be computed by
the Department of Education so that the resulting average daily
membership will not be higher or lower than if the board had not
adopted such schedule.
(4) 'Consumer Price Index' means the Consumer Price Index for
All Urban Consumers of the Portland, Oregon, Metropolitan
Statistical Area, as compiled by the United States Department of
Labor, Bureau of Labor Statistics.
(5) 'Kindergarten' means a kindergarten program that conforms
to the standards and rules adopted by the State Board of
Education.
(6) 'Net operating expenditures' means the sum of expenditures
of a school district in kindergarten through grade 12 for
administration, instruction, attendance and health services,
operation of plant, maintenance of plant, fixed charges and
tuition for resident students attending in another district, as
determined in accordance with the rules of the State Board of
Education, but net operating expenditures does not include
transportation, food service, student body activities, community
services, capital outlay, debt service or expenses incurred for
nonresident students.
(7)(a) 'Resident pupil' means any pupil:
(A) Whose legal school residence is within the boundaries of a
school district reporting the pupil, if the district is legally
responsible for the education of the pupil, except that 'resident
pupil' does not include a pupil who pays tuition or for whom the
parent pays tuition or for whom the district does not pay tuition
for placement outside the district; or
(B) Whose legal residence is not within the boundaries of the
district reporting the pupil but { + who + } attends school in
the district with the written consent of the { - affected
school district boards - } { + district school board where the
school is located as provided by ORS 339.133 (5) + }.
(b) A pupil is not considered to be a resident pupil under
paragraph (a)(A) of this subsection if the pupil is attending
school in another school district pursuant to a contract under
ORS 339.125 and in the prior year was considered to be a resident
pupil in another school district under paragraph (a)(B) of this
subsection. The pupil shall continue to be considered a resident
of another school district under paragraph (a)(B) of this
subsection.
(c) A pupil is not considered to be a resident pupil under
paragraph (a)(B) of this subsection if the pupil is attending
school in a school district pursuant to { - an agreement with
another school district under - } ORS 339.133 { + (5) + } and
in the prior year was considered to be a resident pupil under
paragraph (a)(A) of this subsection because the pupil was
attending school in another school district pursuant to a
contract under ORS 339.125. The pupil shall continue to be
considered a resident pupil under paragraph (a)(A) of this
subsection.
(d) 'Resident pupil' includes a pupil admitted to a school
district under ORS 339.115 (7).
Enrolled House Bill 3681 (HB 3681-A) Page 10
(8) 'Standard school' means a school meeting the standards set
by the rules of the State Board of Education.
(9) 'Tax' and 'taxes' includes all taxes on property, excluding
exempt bonded indebtedness, as those terms are defined in ORS
310.140.
SECTION 9. { + The amendments to ORS 327.006 by sections 7 and
8 of this 2011 Act first apply to the 2012-2013 school year. + }
SECTION 10. ORS 332.405 is amended to read:
332.405. (1) The district school board shall provide
transportation for pupils or combinations of pupils and other
persons to and from school-related activities where required by
law or when considered advisable by the board.
(2) The board may furnish board and room for pupils in lieu of
transportation when reasonable board and room can be provided at
equal or less expense than transportation. The board may also
provide board and room in a facility that existed on July 1,
1998, or a replacement facility for that facility, for pupils
attending a district school { - through an interdistrict
agreement - } { + as + } described in ORS 327.006 (7)(a)(B) or
through a power of attorney authorized under ORS 109.056 (2).
This subsection does not apply to a pupil who attends a district
school through a power of attorney and who is a foreign exchange
student enrolled in a school under a cultural exchange program.
(3) The transportation costs or expenses for board and room
shall be paid from funds available to the district for that
purpose.
(4) The district school board may expend district funds to
improve or provide for pedestrian facilities off district
property if the board finds that the expenditure reduces
transportation costs of the district and enhances the safety of
pupils going to and from schools of the district.
SECTION 11. ORS 343.151 is amended to read:
343.151. (1) { + (a) + } School districts shall ensure that an
individualized education program is developed, reviewed and
revised for each child with a disability, as defined in ORS
343.035, pursuant to the rules of the State Board of Education.
{ + (b) If a child has an individualized education program
that has been developed, reviewed and revised by another school
district and the child becomes a resident of a school district as
provided by ORS 339.133 or 339.134 or other law, the school
district must implement the individualized education program
developed by the other school district until a new individualized
education program is developed. + }
(2) The State Board of Education shall establish by rule the
contents of an individualized education program, including
transition services, and the procedures for the development,
review and revision of an individualized education program. The
board shall also adopt by rule standard forms for use in
developing an individualized education program.
(3) Each school district shall use the individualized education
program forms established by rule under subsection (2) of this
section in the development, review and revision of all
individualized education programs.
(4) Notwithstanding subsection (3) of this section, a school
district may use alternate forms in the development, review and
revision of an individualized education program if the school
district submits the form to the Department of Education and the
department approves the use of the alternate form.
(5) In considering whether to approve an alternate form under
subsection (4) of this section, the department shall consider
Enrolled House Bill 3681 (HB 3681-A) Page 11
whether the form meets the requirements for the contents of an
individualized education program adopted under subsection (2) of
this section and whether the form satisfies the intent of
subsection (4) of this section to reduce unnecessary or confusing
paperwork. The department shall approve or disapprove an
alternate form submitted under subsection (4) of this section
within 10 days of receiving the alternate form.
SECTION 12. 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)(a) Except as provided in subsections (2) to (5) 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.
(b) 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.
(c) 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 reside.
(2) 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.
(3) 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.
(4)(a) Notwithstanding subsection (3) 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.
(5) 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 are considered residents in the district
in which the persons attend school if those persons receive
receive { - : - }
Enrolled House Bill 3681 (HB 3681-A) Page 12
{ - (a) - } written consent from both of the affected
district school boards as provided by policies adopted by the
boards { - ; or - }
{ - (b) Written consent from the district school board for
the district in which the school is located as provided by
section 2 of this 2011 Act - } .
(6) 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 13. { + (1) The amendments to ORS 339.133 by section
12 of this 2011 Act become operative on July 1, 2017.
(2) The amendments to ORS 339.133 by section 12 of this 2011
Act first apply to the 2017-2018 school year. + }
SECTION 14. { + Section 2 of this 2011 Act is repealed on July
1, 2017. + }
SECTION 15. { + (1) Nothing in the amendments to ORS 339.133
by section 12 of this 2011 Act and the repeal of section 2 of
this 2011 Act by section 14 of this 2011 Act affects the status
of a person who was considered a resident as provided by ORS
339.133 (5)(b) prior to the 2017-2018 school year.
(2) Notwithstanding section 2 of this 2011 Act, a school
district is not required to take any action under section 2 of
this 2011 Act for the 2017-2018 school year. + }
----------
Passed by House June 21, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 21, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3681 (HB 3681-A) Page 13
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3681 (HB 3681-A) Page 14
