Bill Text: OR HB3359 | 2011 | Regular Session | Engrossed

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

---

Bill Title: Relating to residency of students; and declaring an emergency.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Passed) 2011-06-21 - Chapter 461, (2011 Laws): Effective date July 1, 2011. [HB3359 Detail]

Download: Oregon-2011-HB3359-Engrossed.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3489

                           A-Engrossed

                         House Bill 3359
                  Ordered by the Senate June 2
            Including Senate Amendments dated June 2

Sponsored by Representative HUFFMAN; Representatives BENTZ,
  MCLANE, G SMITH, SPRENGER, Senators FERRIOLI, NELSON

                             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.

    { - Removes - }   { + Extends + } sunset on allowance of
certain foreign exchange students to be considered residents of
school district.  Imposes additional restrictions on
qualifications for foreign exchange students to be considered
residents of school district.
  Declares emergency, effective July 1, 2011.

                        A BILL FOR AN ACT
Relating to residency of students; creating new provisions;
  amending ORS 339.133; repealing section 4, chapter 21, Oregon
  Laws 2010; and declaring an emergency.
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) Except as provided in subsection (3), (4),
(5) { + , + }
  { - or - }  (7)  { + or (8) + } 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) 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.
  (3) 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) 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) Notwithstanding subsection (4) 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.
  (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) 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 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.
   { +  (8)(a) Children who are foreign exchange students and who
are residing in Oregon in a dormitory operated by a school
district are considered to be residents of the school district in
which the dormitory is located.
  (b) For the purpose of this subsection:
  (A) A child may not be considered to be a foreign exchange
student for more than one school year.
  (B) A child may be considered to be a resident of a school
district as provided by this subsection only if, for the
2010-2011 school year, the school district had foreign exchange
students who were considered to be residents as provided by this
subsection.
  (C) The number of children who are considered to be residents
as provided by this subsection may not increase from the number
that were considered to be residents as provided by this
subsection for the 2010-2011 school year.
  (c) As used in this subsection, 'foreign exchange student '
means a student who attends school in Oregon under a cultural
exchange program and whose parent, guardian or person in parental
relationship resides in another country. + }
    { - (8) - }   { + (9) + } 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. 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) Except as provided in subsection (3), (4), (5)
 { - , - }   { + or + } (7)   { - or (8) - }  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) 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.
  (3) 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) 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) Notwithstanding subsection (4) 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.
  (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) 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 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.
    { - (8)(a) Children who are foreign exchange students and who
are residing in Oregon in a dormitory operated by a school
district are considered to be residents of the school district in
which the dormitory is located. - }
    { - (b) For the purpose of this subsection: - }
    { - (A) A child may not be considered to be a foreign
exchange student for more than one school year. - }
    { - (B) A child may be considered to be a resident of a
school district as provided by this subsection only if, for the
2010-2011 school year, the school district had foreign exchange
students who were considered to be residents as provided by this
subsection. - }
    { - (C) The number of children who are considered to be
residents as provided by this subsection may not increase from

the number that were considered to be residents as provided by
this subsection for the 2010-2011 school year. - }
    { - (c) As used in this subsection, 'foreign exchange student
' means a student who attends school in Oregon under a cultural
exchange program and whose parent, guardian or person in parental
relationship resides in another country. - }
    { - (9) - }   { + (8) + } 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 3.  { + The amendments to ORS 339.133 by section 2 of
this 2011 Act become operative on July 1, 2013. + }
  SECTION 4.  { + If a school district is the resident school
district of foreign exchange students as described in ORS 339.133
(8), the school district shall submit a report to the interim
legislative committees on education no later than October 1,
2012.  The report required by this section shall include
recommendations for funding options for foreign exchange students
that may be enacted in lieu of considering the students to be
residents of the district as provided by ORS 339.133 (8). + }
  SECTION 5.  { + Section 4, chapter 21, Oregon Laws 2010, is
repealed. + }
  SECTION 6.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect July 1,
2011. + }
                         ----------