OAR 581-021-0019
Interdistrict Transfer Agreement


(1)

Definitions. As used in this rule:

(a)

“ADM” means the average daily membership as defined in ORS 327.006 (Definitions for State School Fund distributions).

(b)

“Emergency to protect the health, safety or welfare of the student” includes but is not limited to sexual assault, threats against a student’s life, or threats of imminent harm.

(c)

“Hardship” means any of the following:

(A)

The student is impacted by a parent or guardian’s military deployment;

(B)

The student is experiencing instability related to homelessness or foster care placement;

(C)

The student has a documented medical condition that necessitates transfer;

(D)

Death of a student’s parent;

(E)

The student does not have access to safe and affordable childcare in the resident district; or

(F)

The student is involved in a documented case of severe harassment, intimidation, bullying or cyberbullying.

(d)

“Individualized education program” means a written statement of an educational program for a child with a disability that is developed, reviewed and revised in a meeting in accordance with criteria established by rules of the State Board of Education for each child eligible for special education and related services under ORS Chapter 343 (Special Education and Other Specialized Education Services).

(e)

“Interscholastic activities” includes but is not limited to athletics, music, speech, and other related activities.

(f)

“Nonresident school district” means a school district that is not the resident school district of a child.

(g)

“Person in parental relationship” means, as defined in ORS 339.133 (Determination of residency of student for school purposes), 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.

(h)

“Resident school district” means the school district that has a legal responsibility to educate a child because the child resides in the district with a parent, guardian or person in parental relationship.

(i)

“School district” means a school district as defined in ORS 332.002 (Definitions for chapter), a state-operated school or any legally constituted combination of such entities.

(2)

Intentionally left blank —Ed.

(a)

Pursuant to ORS 339.127 (Factors prohibited from consideration when giving consent to nonresident student), a nonresident school district may enroll a student who is a resident of another district and receive State School Fund money for the student if there is a signed Interdistrict Transfer Agreement between the resident school district, nonresident school district, and the parent/guardian(s) or person in parental relationship.

(b)

Except as provided in (6), in determining whether to admit or release a student requesting inter-district transfer through a signed Interdistrict Transfer Agreement, or in establishing any terms of such consent, neither the resident district nor the nonresident district may consider race, religion, sex, sexual orientation, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language, athletic ability, or academic records.

(c)

The provisions of this rule do not affect the authority of a school district to enroll students under section 9, chapter 718, Oregon Laws 2011 (Enrolled House Bill 3681) and do not apply to students who attend a school under that section.

(d)

The provisions of this rule do not affect the authority of a school district to enter into a contract with another district under ORS 339.125 (Contract for admission of nonresident pupils).

(3)

It is understood that upon approval by the district of the Interdistrict Transfer Agreement that:

(a)

The Resident District shall fully release the student to the Nonresident District. The Nonresident District shall claim the student as a resident student for the purposes of claiming basic school support under the State School Fund and shall report itself as the Resident District of record for ADM purposes.

(b)

The Nonresident District shall report the student as a resident student for ADM per ORS 339.133 (Determination of residency of student for school purposes). The Resident District turns over to the Nonresident District all portions of the ADMr and the ADMw that is paid from the State School Fund. Funds may only be exchanged between the districts for the student based on the Interdistrict Transfer Agreement.

(c)

The Nonresident District will be accountable for meeting the requirements of the standards described in OAR chapter 581, division 22.

(d)

The Nonresident District will be accountable for ensuring a free, appropriate public education (FAPE) in the least restrictive environment (LRE) for students on an Individualized Education Program (IEP).

(4)

Modification to the original Interdistrict Transfer Agreement requires written consent by the nonresident school district and parent/guardian or person in parental relationship.

(5)

Intentionally left blank —Ed.

(a)

Except as provided in (6), a district considering whether to admit a nonresident student through interdistrict transfer may only request the following information prior to admitting the student:

(A)

Legal Name;

(B)

Date of Birth;

(C)

Enrolled Grade;

(D)

Primary Phone Number of Parent/Guardian/Person of Parental Relationship;

(E)

Primary Email of Parent/Guardian/Person of Parental Relationship;

(F)

Mailing Address of Parent/Guardian/Person of Parental Relationship;

(G)

Information on any student expulsions within the last calendar year;

(H)

Whether the student has siblings who are currently enrolled in a school of the nonresident district and, if so, which school;

(I)

Whether the student previously had received consent to remain enrolled in the school district following a legal change of residence to a different school district during the school year or over the summer;

(J)

Whether the student attended a public charter school located in the nonresident district for at least three consecutive years, completed the highest grade offered by the public charter school, and did not enroll in and attend school in another district following completion of the highest grade offered by the public charter school; and

(K)

Information about which schools in the nonresident district the student prefers to attend.

(b)

Except as provided in (6), a district considering whether to admit a nonresident student through interdistrict transfer may not request information on the student’s race, religion, sex, sexual orientation, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language, athletic ability, or academic records.

(6)

Intentionally left blank —Ed.

(a)

In the event of an emergency to protect the health, safety or welfare of the student or if the student experiences a hardship as defined by these rules, a district may consent to an interdistrict transfer and is not required to comply with the processes, limits, priorities, or timelines established by district policy governing interdistrict transfers so long as the superintendents of the resident district and the nonresident district have conferred and agree that the needs of the student would be better served by the nonresident district.

(b)

In determining whether to consent to an interdistrict transfer on the basis of an emergency or hardship, a district may not discriminate on the basis of race, religion, sex, sexual orientation, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language, athletic ability, or academic records.

(7)

The Oregon Department of Education (ODE) will provide a sample Interdistrict Transfer Agreement form. Resident school districts are responsible for developing their own written instructions.

(8)

An Interdistrict Transfer Agreement shall only be between districts within the state of Oregon.

(9)

Upon request by the nonresident district, a resident district shall release student records to the nonresident district.

(10)

Nothing in this rule prevents a district school board from exercising the authority granted to the district under ORS 339.127 (Factors prohibited from consideration when giving consent to nonresident student)(9).

Source: Rule 581-021-0019 — Interdistrict Transfer Agreement, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=581-021-0019.

581‑021‑0009
Exemptions
581‑021‑0013
Child Development Specialist Programs
581‑021‑0017
Dental Screening Certification
581‑021‑0019
Interdistrict Transfer Agreement
581‑021‑0020
District School Board Proceedings
581‑021‑0022
Student Evaluation
581‑021‑0023
Mercury Elimination Policy
581‑021‑0026
Examination of Children Instructed by Parent, Legal Guardian or Private Teacher
581‑021‑0029
Home Schooling for Children with Disabilities
581‑021‑0030
Limitation on Administration and Utilization of Tests in Public Schools
581‑021‑0031
Vision Screening
581‑021‑0033
Interscholastic Activities Eligibility Requirement for Home School Students
581‑021‑0037
Administration of Medication
581‑021‑0038
Minimum Requirements for School District Sexual Harassment Policies
581‑021‑0041
Form and Protocol for Sports Physical Examinations
581‑021‑0043
Displaying Sovereign Tribal Government’s Flags in Public Schools
581‑021‑0045
Discrimination Prohibited
581‑021‑0046
Program Compliance Standards
581‑021‑0047
Prohibits Public Schools from using Native American Mascots
581‑021‑0050
Minimum Standards for Student Conduct and Discipline
581‑021‑0055
Standards of Conduct
581‑021‑0060
Discipline Procedures, Prohibition of Corporal Punishment
581‑021‑0061
Corporal Punishment
581‑021‑0065
Suspension
581‑021‑0070
Expulsion
581‑021‑0071
District Information for Parents and Students Regarding the Availability of Alternative Education Programs
581‑021‑0072
Registration of Private Alternative Programs/Schools
581‑021‑0073
Denial, Suspension, or Revocation of Registration of Private Alternative Program/School Procedure
581‑021‑0075
Distribution
581‑021‑0076
Exemption from Compulsory Attendance
581‑021‑0077
Compulsory Attendance Notices and Citation
581‑021‑0081
Student Absences
581‑021‑0100
School Traffic Patrols
581‑021‑0110
Tobacco Free Schools
581‑021‑0200
Standard Education for Oregon Students
581‑021‑0210
Evaluating Student Transcripts
581‑021‑0220
Definitions
581‑021‑0225
Records of Law Enforcement Units
581‑021‑0230
The Rights of Parents
581‑021‑0240
The Rights of Eligible Students
581‑021‑0250
An Educational Agency or Institution’s Policy Regarding Student Education Records
581‑021‑0255
Transfer of Student Education Records
581‑021‑0260
An Educational Agency or Institution’s Annual Notification
581‑021‑0265
Confidentiality of Student Education Records
581‑021‑0270
Rights of Inspection and Review of Education Records
581‑021‑0280
Fees for Copies of Education Records
581‑021‑0290
Limitations on the Right to Inspect and Review Records
581‑021‑0300
A Parent or Eligible Student’s Request for Amendment of a Student’s Education Records
581‑021‑0310
Right to a Hearing to Challenge Content
581‑021‑0320
Minimum Requirements for the Conduct of a Hearing
581‑021‑0330
Prior Consent to Disclose Information
581‑021‑0340
Exceptions to Prior Consent
581‑021‑0350
Limitations on the Redisclosure of Information
581‑021‑0360
Conditions for the Disclosure of Information to Other Educational Agencies or Institutions
581‑021‑0370
Conditions for the Disclosure of Information for Federal or State Program Purposes
581‑021‑0371
Conditions for Disclosure of Information to Comply with Judicial Order or Subpoena
581‑021‑0372
Conditions for the Disclosure of Information When Legal Action Initiated
581‑021‑0380
Conditions for the Disclosure of Information in Health and Safety Emergencies
581‑021‑0390
Conditions for the Disclosure of Directory Information
581‑021‑0391
Conditions for the Disclosure of Information to Juvenile Justice Agencies
581‑021‑0400
Recordkeeping Requirements
581‑021‑0410
Filing a Federal Complaint
581‑021‑0420
Civil Action
581‑021‑0430
The Distribution of Rules Relating to Student Records
581‑021‑0505
Radio Frequency Identification Device Policy for Student
581‑021‑0510
Fingerprinting: Definitions
581‑021‑0511
Fingerprinting of Subject Individuals in Positions Not Requiring Licensure as Teachers, Administrators, Personnel Specialists, School Nurses
581‑021‑0512
Non-employment criminal background checks for school districts
581‑021‑0550
Definitions: Restraint and Seclusion
581‑021‑0553
Use of Restraint and Seclusion in Public Education Programs
581‑021‑0556
Procedures Regarding Restraint and Seclusion
581‑021‑0563
Approval of Restraint and Seclusion Training Programs for School Staff
581‑021‑0566
Required Use of Approved Restraint and Seclusion Programs
581‑021‑0568
Standards for Seclusion Rooms
581‑021‑0569
Use of Seclusion Cells Prohibited
581‑021‑0570
Complaint Procedures
581‑021‑0576
Definitions
581‑021‑0578
School District Eligibility to Offer a Post Graduate Scholar Program
581‑021‑0579
Student Eligibility to Participate in a Post Graduate Scholar Program
581‑021‑0580
Definitions
581‑021‑0582
Establishment
581‑021‑0584
Oregon State Seal of Biliteracy
Last Updated

Jun. 8, 2021

Rule 581-021-0019’s source at or​.us