Memorandum No. 014-2007-08

To: Superintendents, District Business Officials, Others

Re: Oregon Legislative Action on Kindergarten and Parent Tuition

SUMMARY: School districts and charter schools may continue operating and charging tuition for supplemental kindergarten programs through the 2009-2010 school year

On March 11, 2008 Governor Kulongoski signed Senate Bill 1068 into state law. All Oregon school districts and charter schools arerequired to offer a half-day kindergarten program free of charge, and Senate Bill 1068 clarifies the ability of school districts and charter schools to offer a supplemental kindergarten program and charge students tuition to attend.

The bill was enacted to address legal issues that were raised in a recent Attorney General's opinion relating to school districts charging tuition for full-day kindergarten programs.

Senate Bill 1068 specifically prohibits school districts and charter schools from charging tuition to a student who qualifies for the federal free and reduced price lunch program, who is a ward of a court, or who is a ward of the Department of Human Services (e.g. foster child.)Parents or guardians may also request a full or partial waiver of tuition charges if the charge constitutes a severe hardship; school districts and charter schools are also required to develop policies that define “severe hardship.”

The bill reiterates current Oregon law by requiring that half-day kindergarten programs must meet academic content standards adopted by the State Board of Education and that transportation must be provided to students who attend half-day classes.

Senate Bill 1068 validates prior fees or tuition that may have been collected by school districts or charter schools for supplemental kindergarten programs. The net impact of the bill is to allow school districts and charter schools to continue operating and charging tuition for any supplemental kindergarten programs through the 2009-2010 school year.

To see the full text of the bill, visit: http://www.leg.state.or.us/08ss1/measpdf/sb1000.dir/sb1068.en.pdf.

Susan Castillo

Superintendent of Public Instruction

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