Bill Text: OR HB2748 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to tuition for nonresident students; prescribing an effective date.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2748 Detail]

Download: Oregon-2013-HB2748-Introduced.html

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     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 885

                         House Bill 2748

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 as
introduced.

  Prohibits district school board from charging tuition for
nonresident students.
  Declares emergency, effective July 1, 2013.

                        A BILL FOR AN ACT
Relating to tuition for nonresident students; creating new
  provisions; amending ORS 327.006, 335.090, 339.115 and 339.141;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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  { - , - }  { +  and + } 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
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 2. ORS 327.006 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.
  (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  { - , - }   { + and + }
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 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 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 3. ORS 327.006, as amended by section 7, chapter 704,
Oregon Laws 2011, 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 for half-day kindergarten and on the basis of a
full-day program for full-day kindergarten.
  (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.
  (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  { - , - }   { + and + }
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 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 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 4. ORS 335.090 is amended to read:
  335.090. (1) The high school education of all children of
school age resident within a school district that does not
operate a high school or that is not a component part of a union
high school district shall be the responsibility of the district.
  (2) The district shall pay the tuition of all pupils resident
within the district who are qualified to attend and are attending
a standard public high school   { - either within or - }  outside
the state.
  (3) The district shall provide for transportation to the
nearest standard public high school which pupils may attend.
Reasonable board and room may be furnished instead of
transportation if desired. If the district arranges for the
attendance of pupils at a standard public high school other than
the nearest one pupils may attend, then the district shall
provide for transportation to the standard public high school
which the pupils are attending.
  (4) The estimated cost of tuition and transportation or board
and room instead of transportation shall be included in and be a
part of the budget and shall be levied as provided in ORS
335.095.
  SECTION 5. ORS 339.141 is amended to read:
  339.141. (1) For the purposes of this section:
  (a) 'Public charter school' has the meaning given that term in
ORS 338.005.
  (b) 'Regular school program' means the regular curriculum
provided in the required full-time day sessions in the schools of
the district, including public charter schools, for grades 1
through 12 and the school program for kindergarten during the
period of approximately nine months each year when the schools of
the district or public charter schools are normally in operation
and does not include summer sessions or evening sessions.
  (c) 'Tuition' means payment for the cost of instruction and
does not include fees authorized under ORS 339.155.
  (2) Except as provided in subsection (3) of this section,
district school boards and public charter schools may establish
tuition rates to be paid by pupils receiving instruction in
educational programs, classes or courses of study, including
traffic safety education, which are not a part of the regular
school program. Tuition charges, if made, shall not exceed the
estimated cost to the district or public charter school of
furnishing the program, class or course of study.
  (3) Except as provided in ORS 336.805 for traffic safety
education:
  (a) No tuition shall be charged to any   { - resident - }
pupil regularly enrolled in the regular school program for
special instruction received at any time in connection therewith.
  (b) No program, class or course of study for which tuition is
charged, except courses of study beyond the 12th grade, shall be
eligible for reimbursement from state funds.
  SECTION 6. ORS 339.141, as amended by section 5, chapter 704,
Oregon Laws 2011, is amended to read:
  339.141. (1) For the purposes of this section:
  (a) 'Public charter school' has the meaning given that term in
ORS 338.005.
  (b) 'Regular school program' means the regular curriculum that
is provided in the schools of the school district, including
public charter schools, and that is provided:
  (A) As required full-day sessions in grades 1 through 12;
  (B) As required half-day sessions in kindergarten or as
optional full-day sessions in kindergarten; and
  (C) During the hours and months when the schools of the school
district or public charter schools are normally in operation,
except summer sessions or evening sessions.
  (c) 'Tuition' means payment for the cost of instruction and
does not include fees authorized under ORS 339.155.
  (2) Except as provided in subsection (3) of this section,
district school boards and public charter schools may establish
tuition rates to be paid by pupils receiving instruction in
educational programs, classes or courses of study, including
traffic safety education, which are not a part of the regular
school program. Tuition charges, if made, shall not exceed the
estimated cost to the district or public charter school of
furnishing the program, class or course of study.
  (3) Except as provided in ORS 336.805 for traffic safety
education:
  (a) No tuition shall be charged to any   { - resident - }
pupil regularly enrolled in the regular school program for
special instruction received at any time in connection therewith.
  (b) No program, class or course of study for which tuition is
charged, except courses of study beyond the 12th grade, shall be
eligible for reimbursement from state funds.
  SECTION 7.  { + The amendments to ORS 327.006, 335.090, 339.115
and 339.141 by sections 1 to 6 of this 2013 Act first apply to
the 2013-2014 school year. + }
  SECTION 8.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect July 1,
2013. + }
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