Bill Text: OR HB3681 | 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.

Spectrum: Committee Bill

Status: (Passed) 2011-08-02 - Chapter 697, (2011 Laws): Effective date January 1, 2012. [HB3681 Detail]

Download: Oregon-2011-HB3681-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

HA to HB 3681

LC 4180/HB 3681-12

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3681

              By JOINT COMMITTEE ON WAYS AND MEANS

                             June 20

  On page 1 of the printed bill, line 2, after 'students; '
insert 'creating new provisions; and' and after '339.133 ' delete
the rest of the line and line 3 and insert ', 339.134 and
343.151.'.
  Delete lines 5 through 31 and delete pages 2 and 3.
  On page 4, delete lines 1 through 21 and insert:
  '  { +  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:
  ' (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
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
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. + } ' .
  In line 22, delete '3' and insert '4'.
  On page 5, line 30, delete '4' and insert '5'.
  On page 6, line 38, delete '5' and insert '6'.
  On page 7, line 15, delete '6' and insert '7'.
  On page 8, line 16, delete 'of the'.
  In line 17, delete the boldfaced material and insert ' received
as provided by ORS 339.133 (5)'.
  In line 34, delete '7' and insert '8'.
  On page 10, after line 8, insert:
  '  { +  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. + } ' .
  In line 9, delete '8' and insert '10'.
  Delete lines 25 through 27 and insert:
  '  { +  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
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  { - : - }
  '  { - (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. + } ' .
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