Chapter 718
Oregon Laws 2011
AN ACT
SB 994
Relating to
education; creating new provisions; amending ORS 327.006, 329.485, 332.405,
338.025, 338.075, 338.125, 339.115, 339.133, 339.134 and 343.151 and section
12, chapter 695, Oregon Laws 2011 (Enrolled House Bill 3645); repealing section
4, chapter 21, Oregon Laws 2010, sections 1 and 2, chapter 443, Oregon Laws
2011 (Enrolled House Bill 2299), sections 2 and 5, chapter 649, Oregon Laws
2011 (Enrolled House Bill 2301), sections 1, 2, 3, 4, 5 and 6, chapter 461,
Oregon Laws 2011 (Enrolled House Bill 3359), section 3, chapter 682, Oregon
Laws 2011 (Enrolled House Bill 3362), section 11, chapter 695, Oregon Laws 2011
(Enrolled House Bill 3645), sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14 and 15, chapter 697, Oregon Laws 2011 (Enrolled House Bill 3681), and
section 19, chapter 705, Oregon Laws 2011 (Enrolled Senate Bill 250); and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. If House Bill 2960
becomes law, section 19, chapter 705, Oregon Laws 2011 (Enrolled Senate Bill
250) (amending ORS 757.612), is repealed.
SECTION 2. (1) Sections 1
(amending ORS 338.125) and 2, chapter 443, Oregon Laws 2011 (Enrolled House
Bill 2299), are repealed.
(2) Sections 2 and 5 (both amending
ORS 338.125), chapter 649, Oregon Laws 2011 (Enrolled House Bill 2301), are
repealed.
(3) Sections 1, 2 (both amending ORS
339.133), 3, 4, 5 (repealing section 4, chapter 21, Oregon Laws 2010) and 6,
chapter 461, Oregon Laws 2011 (Enrolled House Bill 3359), are repealed.
(4) Section 3 (amending ORS 338.125),
chapter 682, Oregon Laws 2011 (Enrolled House Bill 3362), is repealed.
(5) Section 11, chapter 695, Oregon
Laws 2011 (Enrolled House Bill 3645) (amending ORS 338.075), is repealed.
(6) Sections 1 (amending ORS 339.133),
2, 3, 4 (amending ORS 329.485), 5 (amending ORS 339.115), 6 (amending ORS
339.134), 7, 8 (both amending ORS 327.006), 9, 10 (amending ORS 332.405), 11
(amending ORS 343.151), 12 (amending ORS 339.133), 13, 14 and 15, chapter 697,
Oregon Laws 2011 (Enrolled House Bill 3681), are repealed.
SECTION 3. 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 4. ORS 339.133, as amended by
sections 1 and 3, chapter 21, Oregon Laws 2010, and sections 3 and 8 of this
2011 Act, is amended to read:
339.133. (1)(a) Except as provided in
subsections (2) to [(6)] (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:
(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 9 of this 2011 Act.
[(6)(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.]
[(7)]
(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 5. The amendments to ORS
339.133 by section 4 of this 2011 Act become operative on July 1, 2013.
SECTION 6. If a school district is
the resident school district of foreign exchange students as described in ORS
339.133, 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.
SECTION 7. Section 4, chapter 21,
Oregon Laws 2010, is repealed.
SECTION 8. ORS 339.133, as amended by
sections 1 and 3, chapter 21, Oregon Laws 2010, and section 3 of this 2011 Act,
is amended to read:
339.133. (1)(a) Except as
provided in [subsection (3), (4), (5),
(7) or (8)] subsections (2) to (6) 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 9 of this 2011 Act.
[(8)(a)]
(6)(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)]
(7) 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 9. (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 10. (1) Section 9 of this
2011 Act and the amendments to ORS 339.133 by section 8 of this 2011 Act become
operative on January 1, 2012.
(2) Section 9 of this 2011 Act and the
amendments to ORS 339.133 by section 8 of this 2011 Act first apply to persons
who seek consent for the 2012-2013 school year.
(3) Nothing in section 9 of this 2011
Act or the amendments to ORS 339.133 by section 8 of this 2011 Act 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.
SECTION 11. ORS 329.485 is amended to
read:
329.485. (1) As used in this section:
(a) “Content-based assessment” means
testing of the understanding of a student of a predetermined body of knowledge.
(b) “Criterion-referenced assessment”
means testing of the knowledge or ability of a student with respect to some
standard.
(c) “Performance-based assessment”
means testing of the ability of a student to use knowledge and skills to create
a complex or multifaceted product or complete a complex task.
(2)(a) The Department of Education
shall implement statewide a valid and reliable assessment system for all
students that meets technical adequacy standards. The assessment system shall
include criterion-referenced assessments including performance-based
assessments, content-based assessments, and other valid methods to measure the
academic content standards and to identify students who meet or exceed the
standards.
(b) The department shall develop the
statewide assessment system in mathematics, science, English, history,
geography, economics and civics.
(3) In addition to the assessment
system implemented under subsection (2) of this section, the department may
make available to school districts and public charter schools an assessment
system that uses criterion-referenced assessments including performance-based
assessments and content-based assessments to:
(a) Measure a student’s progress in
achieving the academic content standards for the student’s current grade level;
(b) Determine the grade level of the
understanding, knowledge or ability of a student, which shall be determined
regardless of the actual grade level of the student and may be determined by
adapting the assessment during the assessment process as a result of the
performance of the student;
(c) Track and provide reports on the
progress of a student based on the information provided under paragraphs (a)
and (b) of this subsection; and
(d) Provide predictions of anticipated
student progress that are based on the information provided under this
subsection and not on the current grade level of the student.
(4)(a) School districts and public
charter schools shall implement the statewide assessment system in mathematics,
science and English. In addition, school districts and public charter schools
may implement the statewide assessment system in history, geography, economics
and civics.
(b) School districts and public
charter schools may implement the assessment system described in subsection (3)
of this section.
(5) Each year the resident district
shall be accountable for determining the student’s progress toward achieving
the academic content standards. Progress toward the academic content standards
shall be measured in a manner that clearly enables the student and parents to
know whether the student is making progress toward meeting or exceeding the
academic content standards. In addition, the district shall adopt a grading
system based on the local school district board adopted course content of the
district’s curriculum. The grading system shall clearly enable the student and
parents to know how well the student is achieving course requirements.
(6) If a student has not met or has
exceeded all of the academic content standards, the school district shall make
additional services or alternative educational or public school options
available to the student.
(7) If the student to whom additional
services or alternative educational options have been made available does not
meet or exceed the academic content standards within one year, the school
district, with the consent of the parents, shall make an appropriate placement,
which may include an alternative education program or the transfer of the
student to another public school in the district or to a public school in
another district that agrees to accept the student. The district that receives
the student shall be entitled to payment. The payment shall consist of:
(a) An amount equal to the district
expenses from its local revenues for each student in average daily membership,
payable by the resident district in the same year; and
(b) Any state and federal funds the
attending district is entitled to receive payable as provided in ORS 339.133 [(2)] (1)(b).
SECTION 12. 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.
(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 13. ORS 339.134 is amended to
read:
339.134. (1) Notwithstanding ORS 339.133
[(4)] (3), a child with a
disability shall be considered a resident for school purposes in the school
district in which the child’s parent or guardian resides if:
(a) The child is voluntarily placed
outside the child’s home by the child’s parent or guardian;
(b) The child’s parent or guardian
retains legal guardianship of the child;
(c) There is a plan for the child to
return home;
(d) The placement is within 20 miles
by the nearest traveled road from the original school building, unless there are
physiographic conditions that make transportation to the original school
building not feasible; and
(e) The child’s parent or guardian and
the school staff can demonstrate that it is in the best interest of the child
to continue to attend the school the child was attending prior to the
placement. The best interest of the child may be demonstrated by factors,
including but not limited to the following:
(A) The child’s siblings attend the
school;
(B) A change in the child’s routine
would be detrimental to the child; or
(C) The child has developed and
maintained a network of personal contacts, support services and friends and a
sense of community within the school.
(2) If a child qualifies under
subsection (1) of this section, the child may continue to attend the school the
child was attending prior to the placement in the child’s resident school
district.
(3) Nothing in this section shall
affect the ability of school districts to enter into agreements with other
school districts for the transportation of students.
SECTION 14. ORS 327.006 is amended to
read:
327.006. As used in ORS 327.006 to
327.133, 327.348, 327.355, 327.357, 327.360 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, 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 affected school district boards] received 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 [an agreement with another school district under] 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 15. ORS 327.006, as amended
by section 11, chapter 846, Oregon Laws 2007, and section 41, chapter 11,
Oregon Laws 2009, 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, 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 [affected school district boards]
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 [an agreement with another school district under] 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 16. The amendments to ORS
327.006 by sections 14 and 15 of this 2011 Act first apply to the 2012-2013
school year.
SECTION 17. ORS 332.405 is amended to
read:
332.405. (1) The district school board
shall provide transportation for pupils or combinations of pupils and other
persons to and from school-related activities where required by law or when
considered advisable by the board.
(2) The board may furnish board and
room for pupils in lieu of transportation when reasonable board and room can be
provided at equal or less expense than transportation. The board may also
provide board and room in a facility that existed on July 1, 1998, or a
replacement facility for that facility, for pupils attending a district school
[through an interdistrict agreement] as
described in ORS 327.006 (7)(a)(B) or through a power of attorney authorized
under ORS 109.056 (2). This subsection does not apply to a pupil who attends a
district school through a power of attorney and who is a foreign exchange
student enrolled in a school under a cultural exchange program.
(3) The transportation costs or
expenses for board and room shall be paid from funds available to the district
for that purpose.
(4) The district school board may
expend district funds to improve or provide for pedestrian facilities off
district property if the board finds that the expenditure reduces
transportation costs of the district and enhances the safety of pupils going to
and from schools of the district.
SECTION 18. 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 19. ORS 339.133, as amended
by sections 1 and 3, chapter 21, Oregon Laws 2010, and sections 3, 4 and 8 of
this 2011 Act, is amended to read:
339.133. (1)(a) Except as provided in
subsection (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[:]
[(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 9 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 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 become operative on January 1, 2012.
(2) The amendments to ORS 339.133 by
section 19 of this 2011 Act become operative on July 1, 2017.
(3) The amendments to ORS 339.133 by
section 19 of this 2011 Act first apply to the 2017-2018 school year.
SECTION 21. Section 9 of this 2011
Act is repealed on July 1, 2017.
SECTION 22. (1) Nothing in the
amendments to ORS 339.133 by section 19 of this 2011 Act and the repeal of
section 9 of this 2011 Act by section 21 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 9 of this
2011 Act, a school district is not required to take any action under section 9
of this 2011 Act for the 2017-2018 school year.
SECTION 23. ORS 338.125 is amended to
read:
338.125. [(1) Student enrollment in a public charter school shall be voluntary.
All students who reside within the school district where the public charter
school is located are eligible for enrollment at a public charter school. If
the number of applications from students who reside within the school district
exceeds the capacity of a program, class, grade level or building, the public
charter school shall select students through an equitable lottery selection
process. However, after a public charter school has been in operation for one
or more years, the public charter school may give priority for admission to
students:]
[(a)
Who were enrolled in the school in the prior year; or]
[(b)
Who have siblings who are presently enrolled in the school and who were
enrolled in the school in the prior year.]
[(2)(a)
If space is available a public charter school may admit students who do not
reside in the school district in which the public charter school is located.]
[(b)
Notwithstanding paragraph (a) of this subsection, if a public charter school
offers any online courses as part of the curriculum of the school, then 50
percent or more of the students who attend the public charter school must
reside in the school district in which the public charter school is located.]
[(3)
A public charter school may not limit student admission based on race,
religion, sex, sexual orientation, ethnicity, national origin, disability,
income level, proficiency in the English language or athletic ability, but may
limit admission to students within a given age group or grade level.]
(1) Student enrollment in a public
charter school is voluntary.
(2)(a) All students who reside in the
school district in which the public charter school is located are eligible for
enrollment in the public charter school if space is available.
(b) Students who do not reside in the
school district in which the public charter school is located are eligible for
enrollment in the public charter school if space is available and subject to
subsection (4) of this section.
(c) A public charter school may not
limit student enrollment based on race, religion, sex, sexual orientation, ethnicity,
national origin, disability, the terms of an individualized education program,
income level, proficiency in the English language or athletic ability.
(3)(a) Except as provided by paragraph
(b) of this subsection, if the number of applications from students who reside
in the school district exceeds the capacity of a program, class, grade level or
building, the public charter school shall select students through an equitable
lottery selection process.
(b) After a public charter school has
been in operation for one or more years, the public charter school may give
priority for admission to students who:
(A) Were enrolled in the school in the
prior year;
(B) Have siblings who are presently
enrolled in the school and who were enrolled in the school in the prior year;
or
(C) If the public charter school is a
party to a cooperative agreement described in section 2, chapter 682, Oregon
Laws 2011 (Enrolled House Bill 3362), reside in the school district that is the
sponsor of the public charter school or in a school district that is a party to
the cooperative agreement.
(4)(a) A student who wishes to enroll
in a virtual public charter school does not need the approval of the school
district where the student is a resident before the student enrolls in the
virtual public charter school. If a student wishes to enroll in a virtual
public charter school, the parent, legal guardian or person in parental
relationship with the student must provide the following notices to the school
district where the student is a resident:
(A) Intent to enroll the student in a
virtual public charter school; and
(B) Enrollment of the student in a
virtual public charter school.
(b) Notwithstanding paragraph (a) of
this subsection and ORS 339.133, if more than three percent of the students who
reside in a school district are enrolled in virtual public charter schools that
are not sponsored by the school district, a student who is a resident of the
school district must receive approval from the school district before enrolling
in a virtual public charter school. A school district is not required to give
approval if more than three percent of the students who reside in the school
district are enrolled in virtual public charter schools that are not sponsored
by the school district.
(c) If the school district does not
give approval under paragraph (b) of this subsection, the school district must
provide information to the parent, legal guardian or person in parental
relationship with the student about the right to appeal the decision to the
State Board of Education and other online options available to the student. If
an appeal is made to the State Board of Education, the board must issue a
decision within 30 days of the submission of the appeal.
(5) Within 10 days of a student’s enrollment
in a public charter school, the public charter school shall provide written
notice of the student’s enrollment to the school district in which the public
charter school is located if the student does not reside in the school district
where the public charter school is located.
(6) Within 10 days of receiving the
notice described in subsection (5) of this section, the school district in
which the public charter school is located shall provide to the student’s
parent, legal guardian or person in parental relationship written information
about:
(a) The school district’s
responsibility to identify, locate and evaluate students enrolled in the public
charter school to determine which students may be in need of special education
and related services as provided by ORS 338.165; and
(b) The methods by which the school
district may be contacted to answer questions or provide information related to
special education and related services.
(7) When a student described in
subsection (5) of this section withdraws from a public charter school for a
reason other than graduation from high school, the school district in which the
public charter school is located shall:
(a) Provide to the school district in
which the student resides written notice that the student has withdrawn.
(b) Provide to the student’s parent,
legal guardian or person in parental relationship written information about:
(A) The responsibility of the school
district in which the student resides to identify, locate and evaluate students
who reside in the school district to determine which students may be in need of
special education and related services as provided by ORS 338.165; and
(B) The methods by which the school
district in which the student resides may be contacted to answer questions or
provide information related to special education and related services.
(8)(a) If a student described in
subsection (5) of this section enrolls in a public charter school and has an
individualized education program, the school district in which the public
charter school is located must implement the individualized education program
and follow the terms of the individualized education program until a new
individualized education program is developed.
(b) If a student described in
subsection (5) of this section withdraws from a public charter school and has
an individualized education program, the school district in which the student
resides must implement the individualized education program and follow the
terms of the individualized education program until a new individualized
education program is developed.
(9) When a virtual public charter
school enrolls a student or a student no longer is enrolled in a virtual public
charter school, the virtual public charter school shall provide the written
notices described in ORS 338.120 (1)(m) and (n) to the school district where
the student is a resident.
[(4)]
(10) A public charter school may conduct fund-raising activities[. However, a public charter school] but
may not require a student to participate in fund-raising activities as a
condition of admission to the public charter school.
SECTION 24. ORS 338.125, as amended
by section 23 of this 2011 Act, is amended to read:
338.125. (1) Student enrollment in a
public charter school is voluntary.
(2)(a) All students who reside in the
school district in which the public charter school is located are eligible for
enrollment in the public charter school if space is available.
(b) Students who do not reside in the
school district in which the public charter school is located are eligible for
enrollment in the public charter school if space is available and subject to
subsection (4) of this section.
(c) A public charter school may not
limit student enrollment based on race, religion, sex, sexual orientation,
ethnicity, national origin, disability, the terms of an individualized
education program, income level, proficiency in the English language or
athletic ability.
(3)(a) Except as provided by paragraph
(b) of this subsection, if the number of applications from students who reside
in the school district exceeds the capacity of a program, class, grade level or
building, the public charter school shall select students through an equitable
lottery selection process.
(b) After a public charter school has
been in operation for one or more years, the public charter school may give
priority for admission to students who:
(A) Were enrolled in the school in the
prior year;
(B) Have siblings who are presently
enrolled in the school and who were enrolled in the school in the prior year;
or
(C) If the public charter school is a
party to a cooperative agreement described in section 2, chapter 682, Oregon
Laws 2011 (Enrolled House Bill 3362), reside in the school district that is the
sponsor of the public charter school or in a school district that is a party to
the cooperative agreement.
(4)(a) A student who wishes to enroll
in a virtual public charter school does not need the approval of the school
district where the student is a resident before the student enrolls in the
virtual public charter school. If a student wishes to enroll in a virtual
public charter school, the parent, legal guardian or person in parental
relationship with the student must provide the following notices to the school
district where the student is a resident:
(A) Intent to enroll the student in a
virtual public charter school; and
(B) Enrollment of the student in a
virtual public charter school.
(b)(A) Notwithstanding
paragraph (a) of this subsection and ORS 339.133, if more than three percent of
the students who reside in a school district are enrolled in virtual public
charter schools that are not sponsored by the school district, a student who is
a resident of the school district must receive approval from the school
district before enrolling in a virtual public charter school. A school district
is not required to give approval if more than three percent of the students who
reside in the school district are enrolled in virtual public charter schools
that are not sponsored by the school district.
(B) For the purpose of determining
whether more than three percent of the students who reside in the school
district are enrolled in virtual public charter schools that are not sponsored
by the school district, the school district board shall include any students
who:
(i) Reside in the school district,
regardless of whether the students are considered residents of different school
districts as provided by ORS 339.133 (5); and
(ii) Are enrolled in virtual public
charter schools that are not sponsored by the school district.
(C) Students who reside in the school
district, regardless of whether the students are considered residents of
different school districts as provided by ORS 339.133 (5), must receive
approval from the school district before enrolling in a virtual public charter
school if the limit described in subparagraph (A) of this paragraph has been
met.
(c) If the school district does not
give approval under paragraph (b) of this subsection, the school district must
provide information to the parent, legal guardian or person in parental
relationship with the student about the right to appeal the decision to the
State Board of Education and other online options available to the student. If
an appeal is made to the State Board of Education, the board must issue a
decision within 30 days of the submission of the appeal.
(5) Within 10 days of a student’s
enrollment in a public charter school, the public charter school shall provide
written notice of the student’s enrollment to the school district in which the
public charter school is located if the student does not reside in the school
district where the public charter school is located.
(6) Within 10 days of receiving the
notice described in subsection (5) of this section, the school district in
which the public charter school is located shall provide to the student’s
parent, legal guardian or person in parental relationship written information
about:
(a) The school district’s
responsibility to identify, locate and evaluate students enrolled in the public
charter school to determine which students may be in need of special education
and related services as provided by ORS 338.165; and
(b) The methods by which the school
district may be contacted to answer questions or provide information related to
special education and related services.
(7) When a student described in
subsection (5) of this section withdraws from a public charter school for a
reason other than graduation from high school, the school district in which the
public charter school is located shall:
(a) Provide to the school district in
which the student resides written notice that the student has withdrawn.
(b) Provide to the student’s parent,
legal guardian or person in parental relationship written information about:
(A) The responsibility of the school
district in which the student resides to identify, locate and evaluate students
who reside in the school district to determine which students may be in need of
special education and related services as provided by ORS 338.165; and
(B) The methods by which the school
district in which the student resides may be contacted to answer questions or
provide information related to special education and related services.
(8)(a) If a student described in
subsection (5) of this section enrolls in a public charter school and has an
individualized education program, the school district in which the public
charter school is located must implement the individualized education program
and follow the terms of the individualized education program until a new individualized
education program is developed.
(b) If a student described in
subsection (5) of this section withdraws from a public charter school and has
an individualized education program, the school district in which the student
resides must implement the individualized education program and follow the
terms of the individualized education program until a new individualized
education program is developed.
(9) When a virtual public charter
school enrolls a student or a student no longer is enrolled in a virtual public
charter school, the virtual public charter school shall provide the written
notices described in ORS 338.120 (1)(m) and (n) to the school district where
the student is a resident.
(10) A public charter school may
conduct fund-raising activities but may not require a student to participate in
fund-raising activities as a condition of admission to the public charter
school.
SECTION 25. (1) The amendments to
ORS 338.125 by section 24 of this 2011 Act become operative on July 1, 2012.
(2) The amendments to ORS 338.125 by
section 24 of this 2011 Act first apply to persons who seek consent for the
2012-2013 school year.
SECTION 26. ORS 338.025, as amended
by section 4, chapter 53, Oregon Laws 2010, section 3, chapter 72, Oregon Laws
2010, and section 3, chapter 649, Oregon Laws 2011 (Enrolled House Bill 2301),
is amended to read:
338.025. (1) The State Board of
Education may adopt any rules necessary for the implementation of this chapter.
The rules shall follow the intent of this chapter.
(2) Upon application by a public
charter school, the State Board of Education may grant a waiver of any
provision of this chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families to the public
education of their choice, extends the equitable access to public support by
all students or permits high quality programs of unusual cost. The State Board
of Education may not waive any appeal provision in this chapter or any
provision under section 6, chapter 72, Oregon Laws 2010, or ORS 338.115 (1)(a)
to (t), 338.120, 338.125 [(3)]
(4) or 338.135 (2)(b).
SECTION 27. ORS 338.025, as amended
by section 8, chapter 839, Oregon Laws 2007, section 14, chapter 50, Oregon
Laws 2008, section 5, chapter 53, Oregon Laws 2010, section 4, chapter 72,
Oregon Laws 2010, and section 4, chapter 649, Oregon Laws 2011 (Enrolled House
Bill 2301), is amended to read:
338.025. (1) The State Board of
Education may adopt any rules necessary for the implementation of this chapter.
The rules shall follow the intent of this chapter.
(2) Upon application by a public
charter school, the State Board of Education may grant a waiver of any
provision of this chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families to the public
education of their choice, extends the equitable access to public support by
all students or permits high quality programs of unusual cost. The State Board
of Education may not waive any appeal provision in this chapter or any
provision under section 6, chapter 72, Oregon Laws 2010, or ORS 338.115 (1)(a)
to (u), 338.120, 338.125 [(3)]
(4) or 338.135 (2)(b).
SECTION 28. ORS 338.075, as amended
by section 6, chapter 695, Oregon Laws 2011 (Enrolled House Bill 3645), is
amended to read:
338.075. (1) If a school district
board does not approve a proposal to start a public charter school pursuant to
ORS 338.055, the applicant may:
(a) Request that the State Board of
Education review the decision of the school district board; or
(b) Submit a proposal to an
institution of higher education.
(2) Upon receipt of a request for
review, the State Board of Education:
(a) Shall attempt to mediate a
resolution between the applicant and the school district board.
(b) May recommend to the applicant and
school district board revisions to the proposal.
(c) If the school district board does
not accept the revisions to the proposal and the applicant agrees to the
sponsorship, may become the sponsor of the public charter school.
(3) Upon receipt of a request for
review, in addition to actions described in subsection (2) of this section and
at any time during the review process, the State Board of Education may reject
a proposal to start a public charter school if the school fails to meet the
requirements of this chapter.
(4) An applicant may seek judicial
review of an order of the State Board of Education pursuant to ORS 183.484. If
the court finds that the decision of the State Board of Education is not supported
by substantial evidence in the record, the court shall enter a judgment
directing the State Board of Education to sponsor the public charter school.
(5)(a) An applicant seeking
sponsorship by an institution of higher education may submit to the institution
of higher education the same proposal that was submitted to the school district
board under ORS 338.045 or a proposal that is modified to take into
consideration the characteristics of the institution of higher education
evaluating the proposal under this subsection.
(b) Upon receipt of a proposal, an
institution of higher education [shall]
may evaluate the proposal [in good
faith]. The institution of higher education shall:
(A) Approve or disapprove the proposal
using the criteria described in ORS 338.055 (2)(b) to (h) and approve the
proposal only if the institution of higher education may become a sponsor as
provided by paragraphs [(d) and] (e) and
(f) of this subsection; or
(B) Disapprove the proposal based on
the institution’s determination that the proposal does not align with the
mission of the institution of higher education.
(c)(A) The following decisions by
an institution of higher education are final and not subject to appeal:
(i) Whether to evaluate a proposal for
a public charter school; and
(ii) The approval or disapproval of a
proposal for a public charter school.
(B) The process by which an
institution of higher education makes a decision described in subparagraph (A)
of this paragraph is not subject to appeal.
[(c)]
(d) Within 60 days after receiving a proposal, the institution of higher
education must approve the proposal or, if disapproving the proposal, state in
writing the reasons for disapproving the proposal.
[(d)]
(e) An institution of higher education may approve a proposal evaluated
under this subsection only if the main campus of the institution of higher
education is located within 25 miles of the proposed public charter school,
based on the nearest traveled road.
[(e)]
(f) An institution of higher education may become a sponsor of only one
public charter school in this state, regardless of the number of campuses or
locations of the institution of higher education.
[(f)]
(g) If a public charter school has a sponsor that is an institution of
higher education and the public charter school enters into a contract with a
third-party entity to provide educational services for the public charter
school:
(A) A member of the governing body of
the public charter school or the governing body of the sponsor may not be an
employee of the third-party entity, be a member of the governing board of the
third-party entity or be any other representative of the third-party entity;
(B) An employee or a member of the
governing board of the third-party entity may not attend an executive session
of the sponsor;
(C) An employee of the public charter
school may not promote the sale or benefits of private supplemental services or
classes offered by the third-party entity; and
(D) The educational services provided
by the third-party entity must comply with state standards and requirements,
and any provision of the contract with the third-party entity that does not
allow for the provision of educational services that comply with state
standards and requirements is void.
SECTION 29. ORS 338.075, as amended
by section 6, chapter 695, Oregon Laws 2011 (Enrolled House Bill 3645), and
section 28 of this 2011 Act, is amended to read:
338.075. (1) If a school district
board does not approve a proposal to start a public charter school pursuant to ORS
338.055, the applicant may[:]
[(a)]
request that the State Board of Education review the decision of the school
district board[; or]
[(b)
Submit a proposal to an institution of higher education].
(2) Upon receipt of a request for
review, the State Board of Education:
(a) Shall attempt to mediate a
resolution between the applicant and the school district board.
(b) May recommend to the applicant and
school district board revisions to the proposal.
(c) If the school district board does
not accept the revisions to the proposal and the applicant agrees to the
sponsorship, may become the sponsor of the public charter school.
(3) Upon receipt of a request for
review, in addition to actions described in subsection (2) of this section and
at any time during the review process, the State Board of Education may reject
a proposal to start a public charter school if the school fails to meet the
requirements of this chapter.
(4) An applicant may seek judicial
review of an order of the State Board of Education pursuant to ORS 183.484. If
the court finds that the decision of the State Board of Education is not
supported by substantial evidence in the record, the court shall enter a
judgment directing the State Board of Education to sponsor the public charter
school.
[(5)(a)
An applicant seeking sponsorship by an institution of higher education may
submit to the institution of higher education the same proposal that was
submitted to the school district board under ORS 338.045 or a proposal that is
modified to take into consideration the characteristics of the institution of
higher education evaluating the proposal under this subsection.]
[(b)
Upon receipt of a proposal, an institution of higher education may evaluate the
proposal. The institution of higher education shall:]
[(A)
Approve or disapprove the proposal using the criteria described in ORS 338.055
(2)(b) to (h) and approve the proposal only if the institution of higher
education may become a sponsor as provided by paragraphs (e) and (f) of this
subsection; or]
[(B)
Disapprove the proposal based on the institution’s determination that the
proposal does not align with the mission of the institution of higher
education.]
[(c)(A)
The following decisions by an institution of higher education are final and not
subject to appeal:]
[(i)
Whether to evaluate a proposal for a public charter school; and]
[(ii)
The approval or disapproval of a proposal for a public charter school.]
[(B)
The process by which an institution of higher education makes a decision described
in subparagraph (A) of this paragraph is not subject to appeal.]
[(d)
Within 60 days after receiving a proposal, the institution of higher education
must approve the proposal or, if disapproving the proposal, state in writing
the reasons for disapproving the proposal.]
[(e)]
(5)(a) An institution of higher education may [approve a proposal evaluated under this subsection] sponsor a
public charter school only if:
(A) The
main campus of the institution of higher education is located within 25 miles
of the proposed public charter school, based on the nearest traveled road[.]; and
(B) The institution of higher
education first became a sponsor of the public charter school prior to July 1,
2017.
[(f)]
(b) An institution of higher education may [become a sponsor of] sponsor only one public charter school
in this state, regardless of the number of campuses or locations of the
institution of higher education.
[(g)]
(c) If a public charter school has a sponsor that is an institution of
higher education and the public charter school enters into a contract with a
third-party entity to provide educational services for the public charter
school:
(A) A member of the governing body of
the public charter school or the governing body of the sponsor may not be an
employee of the third-party entity, be a member of the governing board of the
third-party entity or be any other representative of the third-party entity;
(B) An employee or a member of the
governing board of the third-party entity may not attend an executive session
of the sponsor;
(C) An employee of the public charter
school may not promote the sale or benefits of private supplemental services or
classes offered by the third-party entity; and
(D) The educational services provided
by the third-party entity must comply with state standards and requirements,
and any provision of the contract with the third-party entity that does not
allow for the provision of educational services that comply with state
standards and requirements is void.
SECTION 30. Section 12, chapter 695,
Oregon Laws 2011 (Enrolled House Bill 3645), is amended to read:
Sec. 12. (1) The amendments to
ORS 338.055 and 338.075 by [sections 10
and 11 of this 2011 Act] section 10, chapter 695, Oregon Laws 2011
(Enrolled House Bill 3645), and section 29 of this 2011 Act become
operative on July 1, 2017.
(2) Nothing in the amendments to ORS
338.055 and 338.075 by [sections 10 and
11 of this 2011 Act] section 10, chapter 695, Oregon Laws 2011 (Enrolled
House Bill 3645), and section 29 of this 2011 Act affects the ability of an
institution of higher education to continue to sponsor a public charter school
if the institution of higher education became the sponsor of the public charter
school prior to July 1, 2017.
SECTION 31. (1) The Task Force on
Virtual School Governance is established.
(2) The task force shall consist of
seven members who shall be appointed as follows:
(a) The President of the Senate shall
appoint two members from among the members of the Senate.
(b) The Speaker of the House of
Representatives shall appoint two members from among the members of the House
of Representatives.
(c) The Superintendent of Public
Instruction shall appoint one member to represent the Department of Education.
(d) The Governor shall appoint two
members who represent virtual education.
(3) The task force shall recommend a
governance structure for virtual education that is provided statewide. The
recommended governance structure must be based on the findings made by the
State Board of Education, as provided by chapter 72, Oregon Laws 2010.
(4) A majority of the voting members
of the task force constitutes a quorum for the transaction of business.
(5) Official action by the task force
requires the approval of a majority of the voting members of the task force.
(6) The task force shall elect one of
its members to serve as chairperson.
(7) If there is a vacancy for any
cause, the appointing authority shall make an appointment to become immediately
effective.
(8) The task force shall meet at times
and places specified by the call of the chairperson or of a majority of the
voting members of the task force.
(9) The task force may adopt rules
necessary for the operation of the task force.
(10) The task force shall submit a
report, and may include recommendations for legislation, to the interim
legislative committees on education no later than October 1, 2011.
(11) The Legislative Administration
Committee shall provide staff support to the task force.
(12) Members of the task force who are
not members of the Legislative Assembly are not entitled to compensation, but
may be reimbursed for actual and necessary travel and other expenses incurred
by them in the performance of their official duties in the manner and amounts
provided for in ORS 292.495. Claims for expenses incurred in performing
functions of the task force shall be paid out of funds appropriated to the
Legislative Administration Committee.
(13) All agencies of state government,
as defined in ORS 174.111, are directed to assist the task force in the
performance of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the members of the
task force consider necessary to perform their duties.
SECTION 32. Section 31 of this
2011 Act is repealed on the date of the convening of the 2012 regular session
of the Legislative Assembly as specified in ORS 171.010.
SECTION 33. 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.
Approved by
the Governor August 2, 2011
Filed in the
office of Secretary of State August 2, 2011
Effective date
August 2, 2011
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