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

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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-Engrossed.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

                           A-Engrossed

                         House Bill 2748
                  Ordered by the House April 16
            Including House Amendments dated April 16

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.

  Prohibits district school board from charging tuition for
nonresident students. { +  Allows exception.
  Requires specified district school boards to submit report to
interim legislative committees related to education.
  Takes effect July 1, 2014. + }
    { - 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, 339.133 and
  339.141 and section 20, chapter 718, Oregon Laws 2011, and
  section 5, chapter ___, Oregon Laws 2013 (Enrolled House Bill
  2747); and prescribing an effective date.
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, determine who is not a resident of the district and fix
rates of tuition for   { - nonresidents - }  { +  persons who are
not residents of this state + }.
  (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, fixed charges and
tuition for resident students attending in another
 { - district - }  { +  state + }, 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 - }   { + the district does not receive tuition for the
pupil, and, if applicable, the district pays + } tuition for
placement outside the
  { - district - }  { +  state + }; 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, fixed charges and
tuition for resident students attending in another
 { - district - }  { +  state + }, 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 - }   { + the district does not receive tuition for the
pupil, and, if applicable, the district pays + } tuition for
placement outside the
  { - district - }  { +  state + }; 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 - }   { + may not + } be
charged to any   { - resident - } pupil regularly enrolled in the
regular school program for special instruction received at any
time in connection   { - therewith - }  { +  with the regular
school program, unless the pupil is not a resident of this
state + }.
  (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 - }   { + may not + } be
charged to any   { - resident - } pupil regularly enrolled in the
regular school program for special instruction received at any
time in connection   { - therewith - }  { +  with the regular
school program, unless the pupil is not a resident of this
state + }.
  (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 2014-2015 school year. + }
  SECTION 8.  { + (1) Notwithstanding ORS 339.115 and 339.141, a
district school board may fix rates of tuition for students who
are residents of this state and may charge tuition for
instruction received in connection with the regular school
program for those students only as provided by this section.
  (2) A district school board may accept students who are
residents of this state for admission and charge those students
tuition only if the district school board charged students who
are residents of this state tuition for the 2013-2014 school
year.
  (3)(a) A district school board that charges tuition as provided
by this section:
  (A) Must accept and process all applications;
  (B) May not charge tuition for instruction received in
connection with the regular school program and may not impose or
collect fees authorized under ORS 339.155 from a student if the
student is a resident of this state who:
  (i) Qualifies for free or reduced priced lunches under the
United States Department of Agriculture's National School Lunch
Program; or
  (ii) Is a ward of a juvenile court, the Oregon Youth Authority
or the Department of Human Services; and
  (C) Must provide on an application for admission an explanation
of the requirements with which the district school board must
comply as provided by subparagraphs (A) and (B) of this
paragraph.
  (b) For the purpose of this subsection, if the number of
students seeking admission to the school district exceeds the
number of students that the district school board has determined
will be accepted for admission under subsection (4) of this
section, the application of a student described in paragraph
(a)(B) of this subsection is subject to the admission process
described in subsection (4)(b) of this section.
  (c) Nothing in this subsection gives priority for admission to
a student described in paragraph (a)(B) of this subsection.
  (4)(a) A district school board that charges tuition as provided
by this section may impose a limit on the number of students that
the board will accept for admission under this section.
  (b) If the number of students seeking admission exceeds the
number of students that the district school board has determined
will be accepted for admission, the board shall admit 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) Notwithstanding an equitable lottery selection process
that is implemented as provided by this subsection, a district
school board may increase the limit imposed under paragraph (a)
of this subsection if the total expected revenue from tuition and
State School Fund distributions for all students of the school
district is less than 80 percent of the total expected revenue
from tuition and State School Fund distributions that would have
been received if all students who are accepted under this section
paid tuition.
  (B) The increased limit as provided by this paragraph:
  (i) May be restricted to allow the district school board to
accept only students who will pay tuition; and
  (ii) May be allowed only until the percentage described in
subparagraph (A) of this paragraph equals 82 percent or less.
  (5) If a district school board implements an equitable lottery
selection process as provided by subsection (4) of this section
and a student described in subsection (3)(a)(B) of this section
is selected, the board must accept the student and may not charge
tuition or impose or collect fees as described in subsection
(3)(a)(B) of this section.
  (6)(a) For each school year, the district school board shall
determine whether a student:
  (A) Qualifies for free or reduced priced lunches under the
United States Department of Agriculture's National School Lunch
Program; or
  (B) Is a ward of a juvenile court, the Oregon Youth Authority
or the Department of Human Services.
  (b) For each school year that a student accepted as provided by
this section qualifies for a free or reduced priced lunch or is a
ward, the district school board may not charge tuition and the
student shall be considered a resident of the school district as
provided by ORS 339.133 (5).
  (c) Any change in status as the result of a determination made
under paragraph (a) of this section does not affect the ability
of the student to attend the schools of the school district.
  (7)(a) A parent or guardian of a student not described in
subsection (3)(a)(B) of this section who believes that payment of
all or part of the tuition or other fees is a severe hardship may
request that the district school board waive in whole or in part
the payment of tuition or fees. The district school board shall
waive the tuition or fees in whole or in part upon a finding of
severe hardship. A waiver is valid for one school year and shall
be reviewed annually.
  (b) A district school board that charges tuition as provided by
this section shall adopt policies establishing factors that
constitute a severe hardship under this subsection.
  (c) If a district school board waives tuition in whole as
provided by this subsection, the student shall be considered a
resident of the school district as provided by ORS 339.133 (5).
  (d) Any change in waiver as the result of a review made under
paragraph (a) of this subsection does not affect the ability of
the student to attend the schools of the school district.
  (8) A district school board that accepts students as provided
by this section:
  (a) Must accept those students as long as those students are
entitled to a public education under state or federal law; and
  (b) May not accept any distributions from the State School Fund
for any student who is a resident of this state who pays tuition
under this section, except as provided by subsections (3)(a)(B)
and (7)(c) of this section. + }
  SECTION 9.  { + (1) Section 8 of this 2013 Act first applies to
students who are residents of this state and who are accepted for
the 2014-2015 school year.
  (2) A district school board may take any action before the
effective date of this 2013 Act that is necessary to enable the
district school board to comply with the requirements of section
8 (3)(a)(C) of this 2013 Act. + }

  SECTION 10. 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.
  SECTION 11. ORS 339.133, as amended by sections 4 and 19,
chapter 718, Oregon Laws 2011, 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 { + :
  (a) + } Receive written consent from both of the affected
district school boards as provided by policies adopted by the
boards  { - . - }  { + ;
  (b) Attend the schools of the district as provided under
section 8 of this 2013 Act and:
  (A) Can be described as provided by section 8 (3)(a)(B) of this
2013 Act; or
  (B) Has had tuition waived in whole as provided by section 8
(7)(c) of this 2013 Act; or
  (c) Receive written consent from the district school board for
the district in which the school is located as provided by
section 9, chapter 718, Oregon Laws 2011. + }
  (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 12. ORS 339.133, as amended by sections 4 and 19,
chapter 718, Oregon Laws 2011, and section 11 of this 2013 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:
  (a) Receive written consent from both of the affected district
school boards as provided by policies adopted by the boards; { +
or + }
  (b) Attend the schools of the district as provided under
section 8 of this 2013 Act and:
  (A) Can be described as provided by section 8 (3)(a)(B) of this
2013 Act; or
  (B) Has had tuition waived in whole as provided by section 8
(7)(c) of this 2013 Act { + . + }  { - ; or - }
    { - (c) Receive written consent from the district school
board for the district in which the school is located as provided
by section 9, chapter 718, Oregon Laws 2011. - }
  (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 2013 Act become operative on July 1, 2017.
  (2) The amendments to ORS 339.133 by section 12 of this 2013
Act first apply to the 2017-2018 school year. + }
  SECTION 14.  { + (1) Each district school board that charges
tuition as provided by section 8 of this 2013 Act must submit a
report to the appropriate interim legislative committees related
to education.
  (2) The interim legislative committees to which a report is
submitted as provided by subsection (1) of this section must hold
a public hearing to allow the district school boards to make
public comments regarding the reports.
  (3) Reports submitted as provided by this section must be
submitted:
  (a) No later than October 1, 2014, if the district school board
charges tuition as provided by section 8 of this 2013 Act for the
2014-2015 school year.
  (b) No later than October 1, 2016, if the district school board
charges tuition as provided by section 8 of this 2013 Act for the
2015-2016 or 2016-2017 school year. + }
  SECTION 15. If House Bill 2747 becomes law, section 5, chapter
__, Oregon Laws 2013 (Enrolled House Bill 2747), is amended to
read:
   { +  Sec. 5. + } (1) { + (a) + } 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) - }   { + (A) + } Determining whether to accept a
nonresident student; or
    { - (b) - }   { + (B) + } Establishing the amount of tuition.

   { +  (b) Notwithstanding paragraph (a) of this subsection, a
district school board may consider income level after a student
has been admitted if the parent or guardian of the student
requests a waiver as provided by section 8 (7) of this 2013
Act. + }
  (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.
   { +  (c) Prevents a district school board from requesting any
information related to income level for the purposes of complying
with the provisions of section 8 (3)(a)(B), (4)(c), (6) or (7) of
this 2013 Act, or from requesting any information to confirm that
a student is entitled to a public education under state or
federal law after the student has been admitted. + }
  SECTION 16.  { + This 2013 Act takes effect July 1, 2014. + }
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