Office of Student Learning & Partnerships
HB 3075 was signed into law on July 15, 2005. ORS 339.133(4)(B) states that when a juvenile court determines that it is in the best interest of the foster child to continue attending the school that they were attending prior to the placement by the agency, the child “may continue to attend the school the child attended prior to the placement through the highest grade level of the school” and the public agency that placed them (typically DHS) will be responsible for providing transportation to and from school. For more information, contact Robbi Perry, ODE Information Specialist, at or 503-947-5600.
ORS 339.133 establishes rules for determining the residency status of children between the ages of 4 and 18 and states children “shall be considered resident for school purposes in the school district in which their parents, guardians or persons in parental relationship to them reside.” A student residing in one district may attend school in another district if they have obtained a transfer agreement that includes the written consent of both affected district school boards.
For purposes of distribution of State School Fund monies, the student shall be considered a resident of the district where they attend school. [ORS 339.133 (6)]. However, for students currently receiving special education services and for those suspected of having a disability, other statutes and regulations are also applicable.
A school board may contract with another school district or an ESD to provide special education for a student if the board considers the contract to be economically feasible and “in the interests of the learning opportunities of eligible children” (ORS 339.125 and 343.221), but the resident district remains responsible for FAPE and these contracts are distinctly different from voluntary inter-district transfer agreements.
When an inter-district agreement has been signed between two districts, the resident district retains all responsibility for ensuring provision of FAPE, including:
Child find and initial evaluation;
Initiation of IEP meetings and the responsibility for parent notification of all initial and IEP review meetings;
Provision of a district representative at all IEP meetings;
Provision of IEP and placement that complies with all state and federal requirements;
Provision of prior written notice and notice of procedural safeguards when required;
Compliance with all stay put requirements unless the resident district and the parents agree otherwise;
Act as the school district of record for any special education due process proceedings.