Oregon Revised Statutes Chapter 339 § 339.127 — Factors prohibited from consideration when giving consent to nonresident

Factors prohibited from consideration when giving consent to nonresident student; limitations on consent and advertisements. (1) A district school board that admits nonresident students by giving consent as described in ORS 339.133 (5)(a) may not consider race, religion, sex, sexual orientation, gender identity, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language, athletic ability or academic records when: (a) Determining whether to give consent; or (b) Establishing any terms of consent. (2) A district school board that is considering whether to admit a nonresident student by giving consent may require only the following information prior to deciding whether to give consent: (a) The name, contact information, date of birth and grade level of the student; (b) Information about whether the school district may be prevented or otherwise limited from providing consent as provided by ORS 339.115 (8); (c) Information about whether the student may be given priority as provided by subsection (4) of this section; and (d) Information about which schools the student prefers to attend. (3)(a) A district school board that is considering whether to admit a nonresident student by giving consent may not: (A) Request or require any person to provide or have provided any of the following information related to a student prior to the district school board deciding whether to give consent to the student: (i) Information about the student’s race, religion, sex, sexual orientation, gender identity, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language or athletic ability; or (ii) Academic records, including eligibility for or participation in a talented and gifted program or special education and related services. (B) Request or require the student to participate in an interview, to tour any of the schools or facilities of the school district or to otherwise meet with any representatives of a school or a school district prior to the district school board deciding whether to give consent to the student. (C) Request any information used to supplement the information described in subsection (2) of this section prior to deciding whether to give consent to the student. (b) Nothing in this subsection prevents a student from voluntarily touring any of the schools or facilities of a school district or from requesting or receiving any information from a school or the school district. (4)(a) A district school board that gives consent as described in ORS 339.133 (5)(a) may limit the number of students to whom consent is given. The district school board must make the determination whether to limit the number of students to whom consent is given by an annual date established by the board. (b) If the number of students seeking consent exceeds any limitations imposed by the district school board, the board must give consent to students based on an equitable lottery selection process. The process may give priority to students who: (A) Have siblings currently enrolled in a school of the same school district for which the student seeks admission; (B) Previously had received consent as provided by subsection (10) of this section because of a change in legal residence; or (C) Attended a public charter school located in the same district for which the student seeks admission for at least three consecutive years, completed the highest grade offered by the public charter school and did not enroll in and attend school in another district following completion of the highest grade offered by the public charter school. (c) A district school board may revise the maximum number of students to whom consent will be given at a time other than the annual date established by the board if there are no pending applications for consent. (5) A district school board that is requested to give consent to allow a resident student to be admitted by another school district as described in ORS 339.133 (5)(a) may not consider race, religion, sex, sexual orientation, gender identity, ethnicity, national origin, disability, health, whether a student has an individualized education program, the terms of an individualized education program, income level, residence, proficiency in the English language, athletic ability or academic records when determining whether to give consent. (6) If a district school board decides to not give consent to a student, the board must provide a written explanation to the student. (7)(a) For a nonresident student who receives consent to be admitted to a school district as described in ORS 339.133 (5)(a), a district school board may: (A) Determine the length