2013 ORS § 336.095¹
Free kindergarten facilities
  • rules
  • admission of underage child

(1) The district school board of every common school district shall provide kindergarten facilities free of charge for the kindergarten children residing in the district by operating such facilities either singly or jointly with other districts or by contracting with public or private providers that conform to standards adopted by rule by the State Board of Education.

(2) However, nothing in this section prevents a district school board from admitting free of charge a child who is a resident of the district and whose needs for cognitive, social and physical development would best be met in the school program, as defined by policies of the district school board, even though the child has not attained the minimum age requirement.

(3) Kindergartens established under subsection (1) of this section shall be funded in the same manner as other schools of the district are funded.

(4) Kindergartens are an integral part of the public school system of this state. [1973 c.707 §3; 1981 c.543 §1; 1993 c.45 §81; 2005 c.22 §232]

Note: The amendments to 336.095 (Free kindergarten facilities) by section 3, chapter 704, Oregon Laws 2011, become operative July 1, 2015, and first apply to the 2015-2016 school year. See sections 6 and 14, chapter 704, Oregon Laws 2011. The text that is operative on and after July 1, 2015, is set forth for the users convenience.

336.095 (Free kindergarten facilities). (1)(a) A school district that is not a union high school district must offer half-day kindergarten and may choose to offer full-day kindergarten.

(b) A public charter school may choose to offer half-day kindergarten or full-day kindergarten.

(c) The State Board of Education shall adopt by rule:

(A) Standards for half-day kindergarten and full-day kindergarten; and

(B) The minimum number of instructional hours required for half-day kindergarten and full-day kindergarten.

(2) Every school district that is not a union high school district must provide kindergarten facilities free of charge for the kindergarten children residing in the district by operating the facilities either singly or jointly with other districts or by contracting with public or private providers that conform to standards adopted by rule by the State Board of Education.

(3) Nothing in this section prevents a district school board from admitting free of charge a child who is a resident of the district and whose needs for cognitive, social and physical development would best be met in the school program, as defined by policies of the district school board, even though the child has not attained the minimum age requirement.

(4) Kindergarten that is offered as provided by subsection (1) of this section shall be funded in the same manner as other grades of the district are funded, except that the aggregate days membership of children in kindergarten shall be calculated as provided by ORS 327.006 (Definitions for State School Fund distributions).

(5) Kindergarten is an integral part of the public school system of this state.

Note: Sections 1 to 3, chapter 40, Oregon Laws 2008, provide:

Sec. 1. Kindergarten requirements and allowances; tuition. (1) As used in this section:

(a) Half-day kindergarten means instructional hours provided at the kindergarten level that meet the minimum number of instructional hours required for kindergarten by rule of the State Board of Education and that meet other standards and rules of the board.

(b) Supplemental kindergarten means instructional hours provided at the kindergarten level that exceed the minimum number of instructional hours required for kindergarten by rule of the State Board of Education and that meet other standards and rules of the board.

(2)(a) A school district must offer half-day kindergarten in one or more schools in the district and may offer supplemental kindergarten in one or more schools in the district. This paragraph does not apply to union high school districts.

(b) If a public charter school offers kindergarten, the school must offer half-day kindergarten and may offer supplemental kindergarten.

(c) Half-day kindergarten offered by a school district or a public charter school must meet academic content standards adopted by the State Board of Education under ORS 329.045 (Revision of Common Curriculum Goals, performance indicators, diploma requirements, Essential Learning Skills and academic content standards).

(3) Transportation shall be provided to students in half-day kindergarten and supplemental kindergarten as follows:

(a) For students who attend a public charter school, in accordance with ORS 338.145 (Responsibility for student transportation services).

(b) For all other students in a school district, in accordance with ORS 327.043 (When district required to provide transportation).

(4)(a) A school district may not charge tuition for half-day kindergarten attended by a student who resides within the school district.

(b) A public charter school may not charge tuition for half-day kindergarten attended by any student.

(5) Notwithstanding ORS 336.095 (Free kindergarten facilities), 339.115 (Admission of students) (1), 339.141 (Tuition prohibited for regular school program) or 339.155 (Prohibitions of certain fees as condition of admission) and except as provided in subsections (6) and (7) of this section, a school district or public charter school may charge tuition for supplemental kindergarten.

(6) If a school district or public charter school charges tuition for supplemental kindergarten, the school district or public charter school may not charge tuition for a student who is:

(a) A member of a low-income family as defined in ORS 339.147 (When tuition authorized); or

(b) A ward of a juvenile court or the Department of Human Services.

(7)(a) A parent or guardian of a student not described in subsection (6) of this section who believes that payment of all or part of the tuition is a severe hardship may request that the district school board or public charter school waive in whole or in part the payment of tuition. The district school board or public charter school shall waive the tuition in whole or in part upon a finding of severe hardship.

(b) A school district or public charter school that charges tuition for supplemental kindergarten shall adopt policies establishing factors that constitute a severe hardship under this subsection. [2008 c.40 §1]

Sec. 2. Section 1, chapter 40, Oregon Laws 2008, applies to the 2007-2008, 2008-2009, 2009-2010, 2010-2011, 2011-2012, 2012-2013, 2013-2014 and 2014-2015 school years. [2008 c.40 §2; 2009 c.388 §1; 2011 c.704 §1]

Sec. 3. Section 1, chapter 40, Oregon Laws 2008, is repealed on June 30, 2015. [2008 c.40 §3; 2009 c.388 §2; 2011 c.704 §2]