Section 339.128 - Factors prohibited from consideration when admitting tuition-paying nonresident student(1) A district school board that admits nonresident students and charges nonresident students tuition 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 accept a nonresident student; or(b) Establishing the amount of tuition.(2) A district school board that admits nonresident students and charges nonresident students tuition may require a student seeking to attend the schools of the school district to provide the following information: (a) The name, contact information, date of birth and grade level of the student; and(b) Information about whether the school district may be prevented or otherwise limited from admitting the student as provided by ORS 339.115(8).(3)(a) A district school board that admits nonresident students and charges nonresident students tuition 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 admit 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 admit the student.(C) Request any information used to supplement the information described in subsection (2) of this section prior to deciding whether to admit 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) If a district school board decides to deny admission to a nonresident student and to charge the nonresident student tuition, the board must provide a written explanation to the student.(5) Nothing in this section: (a) Prevents a district school board from denying admission to a nonresident student as provided by ORS 339.115(8).(b) Prevents a district school board from requesting information or admitting a student in the event of an emergency to protect the health, safety or welfare of the student.(c) Prevents a district school board from establishing minimum standards for behavior and attendance that a student must maintain to remain enrolled in the schools of the school district.Amended by 2021 Ch. 367,§ 16, eff. 6/23/2021.