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

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

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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-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

SA to HB 3359

LC 3489/HB 3359-3

                      SENATE AMENDMENTS TO
                         HOUSE BILL 3359

       By COMMITTEE ON EDUCATION AND WORKFORCE DEVELOPMENT

                             June 2

  On page 1 of the printed bill, line 2, after 'students; '
insert 'creating new provisions;'.
  On page 2, after line 34, insert:
  '  { +  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). + } ' .
  In line 35, delete '2' and insert '5'.
  In line 36, delete '3' and insert '6'.
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