Admission of students
(1)Except as provided in ORS 339.141 (Tuition prohibited for regular school program), 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.
(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 (High school diploma); or
(B)Receiving special education and has received a modified diploma, an extended diploma or an alternative certificate as described in ORS 329.451 (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 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 (Definitions for chapter); or
(b)Had an individualized education program as described in ORS 343.151 (Individualized education program).
(4)For purposes of subsection (3) of this section, “adult correctional facility” means:
(a)A local correctional facility as defined in ORS 169.005 (Definitions for ORS 169);
(b)A regional correctional facility as defined in ORS 169.620 (“Regional correctional facility” defined); or
(c)A Department of Corrections institution as defined in ORS 421.005 (Definitions).
(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 (Determination of residency of student for school purposes) (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 (Duty of student to comply with rules) (7).
(9)Notwithstanding the minimum age requirement prescribed by ORS 339.010 (School attendance required) and 339.020 (Duty to send children to school), 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]
Notes of Decisions
Rule of Oregon School Activities Association which limits participation in athletics by students transferring between parochial and public high schools does not violate this section as rule bears reasonable relationship to goal of fostering interscholastic athletic competition. Cooper v. OSAA, 52 Or App 425, 629 P2d 386 (1981), Sup Ct review denied
Attorney General Opinions
Education for children in child-care agency, (1975) Vol 37, p 611