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Current as of January 01, 2023 | Updated by FindLaw Staff
(1)(a) Except as provided in subsections (2) to (5) of this section, individuals 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) Individuals 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) Individuals 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 an individual's best interest to continue to attend the school that the individual attended prior to placement by a public agency, the individual:
(A) Shall be considered resident for school purposes in the school district in which the individual resided prior to the placement; and
(B) May continue to attend the school the individual attended prior to the placement through the highest grade level of the school.
(b) The public agency that has placed the individual shall be responsible for providing the individual 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 an individual with transportation to and from school under this subsection.
(5)(a) Except as provided in ORS 327.006 (7) and 335.090, an individual whose legal residence is not within the district but who attends school in the district is considered a resident in the district in which the individual attends school if the individual receives:
(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, chapter 718, Oregon Laws 2011.
(b) An individual whose legal residence is not within the district but who attends school in the district is considered a resident in the district in which the individual attends school if:
(A) The legal residence of the individual had been in the district in which the individual attends school before a boundary change was made to the district;
(B) The legal residence of the individual is no longer in the district in which the individual attends school because of the boundary change; and
(C) The individual has had the same legal residence and has continuously been enrolled in a school in the district since the boundary change.
(6) As used in this section:
(a)(A) “Person in parental relationship” means an adult who has physical custody of an individual or resides in the same household as the individual, interacts with the individual daily, provides the individual with food, clothing, shelter and incidental necessaries and provides the individual with necessary care, education and discipline.
(B) “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.
Cite this article: FindLaw.com - Oregon Revised Statutes Education and Culture § 339.133 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-30-education-and-culture/or-rev-st-sect-339-133-nr2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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