US Laws, Codes, Statutes & Cases

Chapter 339 — School Attendance; Admission; Discipline; Safety

 

2007 EDITION

 

ATTENDANCE; ADMISSION; DISCIPLINE; SAFETY

 

EDUCATION AND CULTURE

 

GENERAL PROVISIONS

 

339.005     Definition for ORS 339.040 and 339.125

 

COMPULSORY SCHOOL ATTENDANCE

 

339.010     School attendance required; age limits

 

339.020     Duty to send children to school

 

339.030     Exemptions from compulsory school attendance; rules

 

339.035     Teaching by private teacher, parent or guardian; notice; examination; rules; effect of low or declining score

 

339.040     Attendance supervisors; appointment; compensation

 

339.055     Duties of attendance supervisors

 

339.065     Estimates of attendance; irregular attendance; excused absences

 

339.080     Nonattendance notice to parents, school officials and parole or probation officer

 

339.090     Determination of compliance; notice to district superintendent

 

ADMISSION OF STUDENTS

 

339.115     Admission of students; waiver; denial

 

339.125     Admission of nonresident pupils; costs

 

339.129     Education for children in local or regional correctional facilities required; funding; notice to district; access

 

RESIDENCY

 

339.133     Residency of student for school purposes; how determined; transportation of student

 

339.134     Residency of child with disability

 

339.137     Residency of student at youth care center

 

TUITION AND FEES

 

339.141     Tuition prohibited for regular school program; other programs

 

339.147     When tuition authorized; waiver of tuition and fees

 

339.155     Prohibitions of certain fees as condition of admission; allowable fees

 

STUDENT CONDUCT AND DISCIPLINE

 

339.240     Rules of student conduct, discipline and rights; duties of state board and district school boards

 

339.250     Duty of student to comply with rules; discipline, suspension, expulsion, removal and counseling; written information on alternative programs required

 

339.252     Child with disability continues to be entitled to free appropriate public education if removed for disciplinary reasons; due process procedures

 

339.254     Suspension of student driving privileges; policy content

 

339.257     Documentation of enrollment status for students applying for driving privileges; notification of student withdrawal from school to Department of Transportation

 

339.260     Withholding records until debt paid; liability of parent; waiver; notice; inspection

 

339.270     Assessment of costs of school property damage against responsible student or parents or guardian; notice; action to recover

 

339.280     Student grading policies; consideration of attendance allowed; policy content

 

SCHOOL SAFETY

 

(Coordination and Information Sharing)

 

339.312     Safe school alliance

 

339.315     Report required if person has possession of unlawful firearm or destructive device; immunity; law enforcement investigation required

 

339.317     Notice to school district of person charged with crime; immunity

 

339.319     Notice to school district of person convicted of crime; immunity

 

339.321     Notice to school district and law enforcement agencies of release or discharge of person; immunity

 

339.323     Disclosure of information regarding person charged with or convicted of crime or regarding release or discharge of person; immunity

 

339.327     Notification required if person possesses threatening list or when threats of violence or harm made; immunity

 

(Center for School Safety)

 

339.331     Mission; duties; annual report; staff; funding

 

339.333     Board of directors

 

339.336     Funding; Center for School Safety Account

 

339.339     Collaboration between center and Department of Education

 

(Harassment, Intimidation and Bullying)

 

339.351     Definitions for ORS 339.351 to 339.364

 

339.353     Findings

 

339.356     District policy required

 

339.359     Prevention task forces, programs and other initiatives

 

339.362     Retaliation against victims and witnesses prohibited; school employee immunity

 

339.364     Victim may seek redress under other laws

 

(Child Abuse)

 

339.370     Definitions for ORS 339.372, 339.375 and 339.377

 

339.372     Policies of school boards on reporting of child abuse

 

339.375     Report of child abuse by school employees; disclosure of records

 

339.377     Training on prevention and identification

 

RELIGIOUS INSTRUCTION

 

339.420     Child excused to receive religious instruction

 

INTERSCHOLASTIC ACTIVITIES

 

339.430     Approval of voluntary organizations to administer interscholastic activities required; rule review; suspension or revocation of approval; appeal of organization’s ruling

 

339.450     Prohibited grounds for denying participation in interscholastic athletics

 

339.460     Homeschooled students’ participation in interscholastic activities; conditions

 

STUDENT ACCOUNTING SYSTEM

 

339.505     Definitions for ORS 339.505 to 339.520; rules

 

339.510     Student accounting system; goals

 

339.515     Uniform reporting system; training and technical assistance in using system

 

339.520     Information required on certain students who withdraw from school

 

TRAFFIC PATROL

 

339.650     “Traffic patrol” defined

 

339.655     Traffic patrols authorized; medical benefits; rules

 

339.660     Rules on traffic patrols; eligibility; authority

 

339.665     Intergovernmental cooperation and assistance in connection with traffic patrols

 

ADMINISTRATION OF MEDICATION TO STUDENTS

 

339.866     Self-administration of medication by students

 

339.867     “Medication” defined for ORS 339.869 and 339.870

 

339.869     Administration of medication to students; rules

 

339.870     Liability of school personnel administering medication

 

339.871     Liability of school personnel for student self-administering medication

 

339.873     Recommendations on medication to affect or alter thought processes, mood or behavior prohibited; exceptions

 

MISCELLANEOUS

 

339.875     Procurement, display and salute of flags

 

339.877     Issuance of diploma for work completed at certain state institutions

 

339.880     Unauthorized soliciting of pupils prohibited

 

339.883     Possession of tobacco products by person under 18 prohibited at facilities; “facility” defined to include public schools

 

339.885     Secret societies in public schools prohibited; membership grounds for suspension or expulsion

 

ENFORCEMENT

 

339.925     Compulsory school attendance violation procedure; rules

 

PENALTIES

 

339.990     Penalties

 

GENERAL PROVISIONS

 

      339.005 Definition for ORS 339.040 and 339.125. As used in ORS 339.040 and 339.125, unless the context requires otherwise, “administrative office for the county” means the administrative office of the education service district or of a common school district that includes an entire county. [1965 c.100 §273; 1973 c.728 §3; 1987 c.158 §56; 1991 c.167 §23; 2003 c.226 §17]

 

COMPULSORY SCHOOL ATTENDANCE

 

      339.010 School attendance required; age limits. Except as provided in ORS 339.030, all children between the ages of 7 and 18 years who have not completed the 12th grade are required to attend regularly a public full-time school of the school district in which the child resides. [Amended by 1965 c.100 §274]

 

      339.020 Duty to send children to school. Except as provided in ORS 339.030, every person having control of any child between the ages of 7 and 18 years who has not completed the 12th grade is required to send such child to and maintain such child in regular attendance at a public full-time school during the entire school term. [Amended by 1965 c.100 §275; 1969 c.160 §1]

 

      339.030 Exemptions from compulsory school attendance; rules. (1) In the following cases, children may not be required to attend public full-time schools:

      (a) Children being taught in a private or parochial school in the courses of study usually taught in grades 1 through 12 in the public schools and in attendance for a period equivalent to that required of children attending public schools in the 1994-1995 school year.

      (b) Children proving to the satisfaction of the district school board that they have acquired equivalent knowledge to that acquired in the courses of study taught in grades 1 through 12 in the public schools.

      (c) Children who have received a high school diploma.

      (d) Children being taught for a period equivalent to that required of children attending public schools by a private teacher the courses of study usually taught in grades 1 through 12 in the public school.

      (e) Children being educated in the children’s home by a parent or legal guardian.

      (f) Children excluded from attendance as provided by law.

      (2) The State Board of Education by rule shall establish procedures whereby, on a semiannual basis, an exemption from compulsory attendance may be granted to the parent or legal guardian of any child 16 or 17 years of age who is lawfully employed full-time, lawfully employed part-time and enrolled in school, a community college or an alternative education program as defined in ORS 336.615. An exemption also may be granted to any child who is an emancipated minor or who has initiated the procedure for emancipation under ORS 419B.550 to 419B.558. [Amended by 1965 c.100 §276; 1967 c.67 §8; 1971 c.494 §1; 1973 c.728 §1; 1985 c.579 §1; 1989 c.619 §1; 1993 c.546 §138; 1995 c.769 §2; 1999 c.59 §85; 1999 c.717 §1; 2001 c.490 §8; 2007 c.407 §3]

 

      339.035 Teaching by private teacher, parent or guardian; notice; examination; rules; effect of low or declining score. (1) As used in this section, “education service district” means the education service district that contains the school district of which the child is a resident.

      (2) When a child is taught or is withdrawn from a public school to be taught by a parent, legal guardian or private teacher, as provided in ORS 339.030, the parent, legal guardian or private teacher must notify the education service district in writing. In addition, when a child who is taught by a parent, legal guardian or private teacher moves to a new education service district, the parent, legal guardian or private teacher shall notify the new education service district in writing. The education service district shall acknowledge receipt of any notification in writing.

      (3) Children being taught as provided in subsection (2) of this section shall be examined at grades 3, 5, 8 and 10 in accordance with the following procedures:

      (a) The State Board of Education shall adopt by rule a list of approved comprehensive examinations that are readily available.

      (b)(A) The parent or legal guardian shall select an examination from the approved list and arrange to have the examination administered to the child by a qualified neutral person, as defined by rule by the State Board of Education.

      (B) If the child was withdrawn from public school, the first examination shall be administered to the child at least 18 months after the date on which the child was withdrawn from public school.

      (C) If the child never attended public or private school, the first examination shall be administered to the child prior to the end of grade three.

      (c) The person administering the examination shall:

      (A) Score the examination; and

      (B) Report the results of the examination to the parent or legal guardian.

      (d) Upon request of the superintendent of the education service district, the parent or legal guardian shall submit the results of the examination to the education service district.

      (4)(a) If the composite test score of the child places the child below the 15th percentile based on national norms, the child shall be given an additional examination within one year of when the first examination was administered.

      (b) If the composite test score of the child on the second examination shows a declining score, then the child shall be given an additional examination within one year of when the second examination was administered and the superintendent of the education service district may:

      (A) Allow the child to continue to be taught by a parent, legal guardian or private teacher; or

      (B) Place the education of the child under the supervision of a person holding a teaching license who is selected by the parent or legal guardian at the expense of the parent or legal guardian. If the composite test score of the child continues to show a declining score, the superintendent of the education service district may:

      (i) Allow the child to continue under the educational supervision of a licensed teacher selected by the parent or legal guardian and require that the child be given an additional examination within one year of when the last examination was administered;

      (ii) Allow the child to be taught by a parent, legal guardian or private teacher and require that the child be given an additional examination within one year of when the last examination was administered; or

      (iii) Order the parent or legal guardian to send the child to school for a period not to exceed 12 consecutive months as determined by the superintendent.

      (c) If the parent or legal guardian of the child does not consent to placing the education of the child under the supervision of a licensed teacher who is selected by the parent or legal guardian, then the superintendent of the education service district may order the child to return to school for a period not to exceed 12 consecutive months as determined by the superintendent.

      (d) If the composite test score of the child on an examination is equal to or greater than the percentile score on the prior test, the child may be taught by a parent, legal guardian or private teacher and for the next examination be examined pursuant to paragraph (a) of this subsection or subsection (3) of this section.

      (5)(a) Notwithstanding the examination requirements of subsections (3) and (4) of this section, the parent or legal guardian of a child with a disability who has an individualized education plan and is receiving special education and related services through the school district or who is being educated in accordance with a privately developed plan shall be evaluated for satisfactory educational progress according to the recommendations of the plan.

      (b) The parent or legal guardian of a child with a disability who was evaluated by service providers selected by the parent or legal guardian based on a privately developed plan shall submit a report of such evaluation to the education service district in lieu of the examination results required by subsections (3) and (4) of this section.

      (c) A child with a disability described in this subsection shall not be subject to the examination requirements of subsections (3) and (4) of this section unless the examination is recommended in the plan in effect for the child. [1985 c.579 §2; 1989 c.619 §4; 1999 c.717 §1a; 2007 c.70 §95]

 

      339.040 Attendance supervisors; appointment; compensation. (1) The executive officer of the administrative office for the county shall appoint one person to act as the attendance supervisor for school districts having a school census of less than 1,000 children in the county. The attendance supervisor shall perform duties under the direction of the administrative office for the county. The attendance supervisor shall receive as compensation for services a sum fixed by the governing body of the county and allowed and paid in the same manner as the salaries of county officers are paid.

      (2) District school boards of districts having a school census of 1,000 or more children, according to the latest school census, shall appoint attendance supervisors and fix and pay their compensation.

      (3) The administrative office for the county, upon written application from the district school board in any school district having a school census of more than 200 and less than 1,000 children, according to the latest school census, shall grant such district permission to appoint attendance supervisors and fix their compensation and pay.

      (4) For purposes of the appointment and duties of attendance supervisors, the territory in a joint school district shall be considered part of the county in which the administrative office of the joint district is located. [Amended by 1965 c.100 §277]

 

      339.050 [Amended by 1965 c.100 §278; repealed by 1965 c.136 §1]

 

      339.055 Duties of attendance supervisors. The attendance supervisor when notified of a truancy or unexcused absence shall investigate the truancy or nonattendance at school. If the child is not exempt from compulsory school attendance, the attendance supervisor shall proceed as provided in ORS 339.080 and 339.090. [Formerly 339.100]

 

      339.060 [Repealed by 1965 c.100 §456]

 

      339.065 Estimates of attendance; irregular attendance; excused absences. (1) In estimating regular attendance for purposes of the compulsory attendance provisions of ORS 339.005 to 339.030, 339.040 to 339.125, 339.137, 339.420 and 339.990, the principal or teacher shall consider all unexcused absences. Eight unexcused one-half day absences in any four-week period during which the school is in session shall be considered irregular attendance.

      (2) An absence may be excused by a principal or teacher if the absence is caused by the pupil’s sickness, by the sickness of some member of the pupil’s family or by an emergency. A principal or teacher may also excuse absences for other reasons where satisfactory arrangements are made in advance of the absence.

      (3) Any pupil may be excused from attendance by the district school board for a period not to exceed five days in a term of three months or not to exceed 10 days in any term of at least six months. Any such excuse shall be in writing directed to the principal of the school which the pupil attends. [1965 c.100 §281; 1973 c.728 §4; 1987 c.158 §57; 1993 c.45 §114]

 

      339.070 [Repealed by 1963 c.544 §52]

 

      339.080 Nonattendance notice to parents, school officials and parole or probation officer. (1) Except as provided in ORS 339.030, in case any parent or other person in parental relation fails to send any child under the control of the parent or other person to the public school, the attendance supervisor, within 24 hours after notification from the proper authority of the failure, shall give formal written notice in person or by registered or certified mail to the parent or other person. The notice shall state that the child must appear at the public school on the next school day following the receipt of the notice. The notice shall inform the parent or other person that regular attendance at school must be maintained during the remainder of the school year.

      (2) At the same time notice is given to the parent or other person, the attendance supervisor shall notify the superintendent or principal, as suitable, of the fact of the notice. The superintendent or principal shall notify the attendance supervisor of any failure on the part of the parent or other person to comply with the notice.

      (3) If the child who is the subject of a notice under subsection (1) of this section is a youth offender on parole or probation, at the same time notice is given to the parent or other person, the attendance supervisor shall notify the child’s parole or probation officer of the child’s absence. [Amended by 1965 c.100 §282; 1993 c.45 §115; 1999 c.963 §4]

 

      339.090 Determination of compliance; notice to district superintendent. The attendance supervisor shall determine whether the parent or other person given written notice of attendance requirements has complied with the notice. If the attendance supervisor determines that the parent or other person has failed to comply, the attendance supervisor, within three days after having knowledge of such failure or after being notified thereof, shall notify the district superintendent. [Amended by 1965 c.100 §283; 1993 c.413 §2]

 

      339.100 [Amended by 1963 c.544 §47; 1965 c.100 §279; renumbered 339.055]

 

      339.110 [Repealed by 1965 c.100 §456]

 

ADMISSION OF STUDENTS

 

      339.115 Admission of students; waiver; denial. (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 (1); or

      (B) Receiving special education and has received a modified high school diploma or 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 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. [1965 c.100 §285; 1971 c.410 §1; 1977 c.463 §1; 1983 c.193 §1; 1987 c.283 §2; 1989 c.132 §1; 1989 c.215 §1; 1991 c.693 §26; 1995 c.656 §1; 1995 c.660 §46; 1996 c.16 §1; 1999 c.989 §1; 2005 c.209 §29; 2005 c.662 §16; 2007 c.464 §2; 2007 c.660 §18]

 

      Note: The amendments to 339.115 by section 18, chapter 660, Oregon Laws 2007, first apply to the 2008-2009 school year. See section 9, chapter 660, Oregon Laws 2007, as amended by section 20, chapter 660, Oregon Laws 2007. The text that applies prior to the 2008-2009 school year, including amendments by section 2, chapter 464, Oregon Laws 2007, is set forth for the user’s convenience.

      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 receiving special education and has not yet received a regular high school diploma.

      (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 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 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.

 

      339.120 [Amended by 1957 c.198 §5; repealed by 1965 c.100 §456]

 

      339.125 Admission of nonresident pupils; costs. (1) The district school board may contract with the district school board of any other district for the admission of pupils in schools of the other district. The contract shall be in writing upon forms furnished by the Department of Education. Expense incurred shall be paid out of the school funds of the district sending such pupils. If the district sending the pupils fails to pay the expense so incurred according to the terms of the contract, the administrative office for the county containing such school district, after satisfactory proof of such failure, shall deduct the amount of the unpaid expense from the amount due the school district at the next regular apportionment. The county treasurer shall pay the amount of the reduced apportionment out of the county school fund.

      (2) In case the school district sending the pupils is a joint district, jurisdiction shall be exercised by the administrative office for the county in which the most populous part of such district is situated, according to the latest school census. The office’s action in the matter is final. [1965 c.100 §286; 1993 c.45 §116]

 

      339.129 Education for children in local or regional correctional facilities required; funding; notice to district; access. (1) A school district shall provide or cause to be provided appropriate education for children placed in a local or regional correctional facility located in the school district. The education may be provided by the school district or an education service district.

      (2) The school district may claim State School Fund reimbursement under ORS 327.006 to 327.133, 327.348, 327.355, 327.357, 327.360 and 327.731 for each child who is in a local or regional correctional facility.

      (3) A local or regional correctional facility shall notify the school district within which the facility is located of the name and date of birth of each school-age child placed in the facility, including a child with a disability under the age of 22 years who may be eligible for special education. The notice shall be in writing and shall be given within five business days of the child’s placement in the facility.

      (4) The local or regional correctional facility shall allow the school district and education service district to have safe and reasonable access to children placed in that facility for whom the school district is required to provide education.

      (5) As used in this section:

      (a) “Local correctional facility” means a local correctional facility as defined in ORS 169.005.

      (b) “Regional correctional facility” means a regional correctional facility as defined in ORS 169.620. [1996 c.19 §1; 1999 c.989 §2]

 

      Note: The amendments to 339.129 by section 16, chapter 846, Oregon Laws 2007, become operative June 30, 2012. See section 19, chapter 846, Oregon Laws 2007. The text that is operative on and after June 30, 2012, is set forth for the user’s convenience.

      339.129. (1) A school district shall provide or cause to be provided appropriate education for children placed in a local or regional correctional facility located in the school district. The education may be provided by the school district or an education service district.

      (2) The school district may claim State School Fund reimbursement under ORS 327.006 to 327.133, 327.348 and 327.731 for each child who is in a local or regional correctional facility.

      (3) A local or regional correctional facility shall notify the school district within which the facility is located of the name and date of birth of each school-age child placed in the facility, including a child with a disability under the age of 22 years who may be eligible for special education. The notice shall be in writing and shall be given within five business days of the child’s placement in the facility.

      (4) The local or regional correctional facility shall allow the school district and education service district to have safe and reasonable access to children placed in that facility for whom the school district is required to provide education.

      (5) As used in this section:

      (a) “Local correctional facility” means a local correctional facility as defined in ORS 169.005.

      (b) “Regional correctional facility” means a regional correctional facility as defined in ORS 169.620.

 

      339.130 [Amended by 1957 c.198 §6; repealed by 1965 c.100 §456]

 

RESIDENCY

 

      339.133 Residency of student for school purposes; how determined; transportation of student. (1) Except as provided in subsection (3), (4), (5) or (7) 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, 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, 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, guardians or persons in parental relationship.

      (4) Children placed by public or private agencies who are living in substitute care programs licensed, certified or approved shall be considered resident in the school district in which they reside by placement of the 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 legally resident of the district in which they are living temporarily, but shall be considered resident in the district in which they, their parents, 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 of the district in which the person attends school for purposes of the receipt by that district of State School Fund moneys for the person.

      (8) For the purposes of this section:

      (a) “Person in parental relationship” means an adult who has physical custody of a child or resides in the same household as the child, interacts with the child daily, provides the child with food, clothing, shelter and incidental necessaries and provides the child with necessary care, education and discipline. “Person in parental relationship” does not mean a person with a power of attorney or other written delegation of parental responsibilities if the person does not have other evidence of a parental relationship.

      (b) “Substitute care program” means family foster care, family group home care, parole foster care, family shelter care, adolescent shelter care and professional group care. [Formerly 332.595; 1997 c.821 §21; 2005 c.521 §1; 2007 c.464 §1]

 

      339.134 Residency of child with disability. (1) Notwithstanding ORS 339.133 (4), 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. [1995 c.567 §2]

 

      339.135 [1965 c.100 §287; 1967 c.507 §6; repealed by 1993 c.45 §117]

 

      339.137 Residency of student at youth care center. (1) A student described in ORS 336.580 shall be considered a resident of the school district in which the student resides by reason of the placement under ORS 336.580 for purposes of distribution of the State School Fund.

      (2) A student described in subsection