House Bill 3075 - Frequently Asked Questions
Oregon Gov. Ted Kulongoski signed into law HB 3075-A on July 15,
2005. The bill, drafted by attorneys Brian Baker and Angela
Sherbo and law clerk Jessica Hendricks, promotes the educational
stability for children in Oregon's foster care
system.
Read the final version of HB 3075-Enrolled
signed by the Governor here.
Q: To which children does this bill
apply?
A: HB 3075 applies to children who are in the custody of
the State of Oregon's Department of Human Services, who are in a
substitute care placement and who attend public
school.
Q: What does the bill do?
A: For a child who is placed into foster care or moved
between substitute care placements and now resides in a different
school district, the juvenile court can make a finding that it is
in the child's best interest to remain in the same school. HB
3075 amended the school residency statute (ORS 339.133) so that the
court finding makes the child a resident of the district where they
have attended school prior to
placement.
Q: How long does this remain in
effect?
A: With the best interests finding, the child will be
considered a resident of the school district they attend and can
continue to attend the school he or she attended prior to
placement through the highest grade level at that
school.
Q: Can a child use HB 3075 to remain in the same
district when they move from elementary to middle school or middle
school to high school?
A: The law allows children to attend the same school they
have previously attended through the highest grade level at that
school. At that point, students can request an inter-district
transfer to attend a school in another
district.
Q: Does HB 3075 apply to children
living with their parents?
A: The new law applies only to children in substitute care
(foster care). The law does apply to children placed in
foster care with relatives. Once they leave foster care, this
law does not
apply.
Sometimes children are still technically in foster care while on
a trial home visit with their parents, and the law may apply as
long as those children are considered to be in foster
care.
When children have been returned to their parents and are no
longer in foster care, HB 3075 would not apply. Parents can
request an inter-district transfer for their child to continue to
attend a school in a different
district.
Q: How will schools get paid to educate foster
children who do not live in their districts?
A: The court's best interest finding makes the child a
resident of the school district they are attending, even though the
child physically resides in a different district. This means
that the district and the school where the child attends will
receive the state school funding for that child.
Q: Why was this bill necessary?
A: Existing procedures for inter-district transfers did
not meet the unique needs of children in the foster care
system. Recent studies have shown that over half of foster
children are likely to change schools seven or more times between
kindergarten and high school. Foster children are more likely
to fall behind and experience school failure than their peers, and
unnecessary school moves hamper academic progress and social
development.
Q: Doesn't HB 3075 also say something about
transferring school records?
A: Yes. When children in foster care change schools,
districts are required to transfer records more quickly.
Districts typically have 10 school days to request school records
for a new student, and the previous districts have 10 school days
to send the records. The new law changes the timelines for
foster children, with 5 days to request the records and 5 days to
send
them.
Q: Does HB 3075 do anything else?
A: The law also amends the juvenile code and requires DHS
to consider the ability of a foster home to provide school
stability for the child, among other criteria, when choosing a
foster
placement.
Q: How does HB 3075 impact children in special
education?
A: The Individuals with Disabilities Education Act (IDEA)
says that an IEP team determines the types of accommodations,
modifications, supports and related services a child should receive
in order to receive a free and appropriate public education.
The IEP team also agrees upon the type of educational setting, or
placement, that is appropriate for the child. The IEP team
must always include a parent or qualified educational surrogate who
can make educational decisions on behalf of the child. HB
3075 does not change these
requirements.