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Office of Student Learning & Partnerships

ODE received a number of questions from school districts throughout the state regarding the relationship between student residency and the distribution of State School Funds (SSF).  Based on legal guidance from the Oregon Attorney General’s office, ODE Executive Memorandum 021-2003-04 (http://www.ode.state.or.us/policy/district/schooladmission/021_04.aspx ) was issued on December 18, 2003, and posted online.   We encourage you to read the full text of the memorandum to ensure that all school districts are operating from the same knowledge base, particularly in cases where special circumstances apply, such as emancipation, homeless and/or abandoned children, runaways, children in substitute care, and children in residential and day treatment programs.  

Highlights from the memorandum:


A school district may not claim SSF and ODE may not pay SSF for a student who is not a resident of the claiming district, except as provided in ORS 327.006(7) and 339.133(6) regarding transfer agreements.


Excluding special circumstances, residency for school purposes is determined on the basis of where the parents, guardians or persons in parental relationship reside (ORS 339.133).


Children placed by public or private agencies in substitute care programs are considered resident in the school district in which they reside by placement of the agency [ORS 339.133(4)].  EXCEPTION:  Students with disabilities may continue to be considered resident where their parents or guardian reside; see ORS 339.134 for details on those exceptions.


Students placed by DHS or OYA in a day or residential treatment program are considered residents of the educational agency that operates the program under contract with ODE (OAR 581-015-044).


Students with disabilities attending out of district charter schools continue to be considered residents of their home district.


The responsibility for providing FAPE for special education students with disabilities remains with the resident district, as does the requirement to claim that child on the resident district SECC.


Homeless, abandoned and runaway students are granted special protections under the McKinney-Vento Homeless Assistance Act of 1987 (reauthorized in 2002) (http://www.ode.state.or.us/search/results/?id=113 ).  Such children cannot be denied enrollment in Oregon public schools due to lack of supervision by a parent or legal guardian [ORS 339.115 (7)].


Charter school law differs from the general admission procedures for non-resident students.  On a space available basis, non resident students may be admitted without the inter-district transfer agreement and may be claimed by the district where the charter school is located for purposes of obtaining SSF EXCEPT special education students whose resident district continues to be responsible for the student’s special education services and it is the resident district that claims the student on the SECC.  


What is the law regarding residency of foster children?


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