Oregon Statutes 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.
Terms Used In Oregon Statutes 339.115
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(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; or
(B) Receiving special education and has received a modified diploma, an extended diploma or a certificate of attendance 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 or a modified 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 (2)(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 (7).
(9) Notwithstanding the minimum age requirement prescribed by ORS § 339.010 and 339.020, a district school board may admit 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; 2009 c.618 § 5; 2011 c.718 § 12; 2013 c.267 § 10; 2015 c.234 § 4; 2017 c.726 § 8; 2018 c.39 § 1; 2023 c.202 § 6]
The amendments to 339.115 by section 6, chapter 202, Oregon Laws 2023, become operative July 1, 2024. See section 9, chapter 202, Oregon Laws 2023. The text that is operative until July 1, 2024, is set forth for the user’s convenience.
(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; 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 or a modified 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 (2)(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 (7).
(9) Notwithstanding the minimum age requirement prescribed by ORS § 339.010 and 339.020, a district school board may admit 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.