SB 1538 — Relating to conduct of public education; and prescribing an effective date.

83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session A-EngrossedEnrolled Senate Bill 1538 Ordered by the Senate February 11 Including Senate Amendments dated February 11 Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformanceconform- ance with pre-presession session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request of Senate Interim Committee on Education) SUMMARYCHAPTER The................................................. following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly.

ItAN isACT anRelating editor’sto briefconduct statement of thepublic essentialeducation; features of the measure.

The statement includes a measure digest written in compliance with applicable readability standards.

Digest:

Tells schools how to respond to immigration issues.

(Flesch Readability Score:

61.2).

Requires district school boards to admit all students to all schools and instructional programs of the school district.

Prohibits discrimination in education related to immigration or citizenship status.

Makes lim- ited exceptions.

Adds requirements for model policies prepared by the Attorney General related to immigration enforcement at public schools.

Requires school districts and education service districts to [adopt related policies and procedures and to provide training to district employees related to the policies and procedures] provide applicable model policies to employees.

Takes effect July 1, 2026.

A BILL FOR AN ACT Relating to conduct of public education;

6 ACCESS TO SCHOOLS AND PROGRAMS 8 SECTION 1.

(b) A district may admit an otherwise eligible person who is not receiving special education and NOTE:who has not yet attained 21 years of age prior to the beginning of the current school year if the person is shown to be in need of additional education in order to receive a high school diploma or a modified diploma.

Matter in boldfaced type in an amended section is new;

matter [italic and bracketed] is existing law to be omitted.

New sections are in boldfaced type.

LC 218 A-Eng.

SB 1538 who has not yet attained 21 years of age prior to the beginning of the current school year if the person is shown to be in need of additional education in order to receive a high school diploma or a modified diploma.

Enrolled Senate Bill 1538 (SB 1538-A) Page 1 (b) A regional correctional facility as defined in ORS 169.620;

[2](B) A-Eng.“Discrimination” does not include enforcement of an otherwise valid dress code or policy, as long as the code or policy:

SB 1538 (B) “Discrimination” does not include enforcement of an otherwise valid dress code or policy, as long as the code or policy:

Enrolled Senate Bill 1538 (SB 1538-A) Page 2 (2) A person may not be subjected to discrimination in any public elementary, secondary or community college education program or service, school or interschool activity or in any higher education program or service, school or interschool activity where the program, service, school or activity is financed in whole or in part by moneys appropriated by the Legislative Assembly.

(a)(A) “Foster care” means substitute care for children placed by the Department of Human Services or a tribal child welfare agency away from their parents and for whom the department or agency has placement and care responsibility, including placements in foster family homes, foster [3]homes A-Eng.of relatives, group homes, emergency shelters, residential facilities, child care institutions and preadoptive homes.

SB 1538 homes of relatives, group homes, emergency shelters, residential facilities, child care institutions and preadoptive homes.

(b) Nonemancipated individuals between the ages of 4 and 18 living outside the geographic area of the school district for such reasons as attending college, military service, hospital confinement Enrolled Senate Bill 1538 (SB 1538-A) Page 3 or employment away from home shall be considered resident in the district in which their parents, their guardians or persons in parental relationship to them reside.

[4](A) A-Eng.Remain in the individual’s school district of origin and, if applicable, the individual’s school of origin for the duration of the individual’s time in foster care;

SB 1538 (A) Remain in the individual’s school district of origin and, if applicable, the individual’s school of origin for the duration of the individual’s time in foster care;

Enrolled Senate Bill 1538 (SB 1538-A) Page 4 (c) As used in this subsection, “foreign exchange student” means an individual who attends school in Oregon under a cultural exchange program and whose parent, guardian or person in par- ental relationship resides in another country.

(4)(a) “Eligible post-secondary course” means any nonsectarian course or program offered [5]through A-Eng.an eligible post-secondary institution if the course or program may lead to high school completion, a certificate, professional certification, associate degree or baccalaureate degree.

SB 1538 through an eligible post-secondary institution if the course or program may lead to high school completion, a certificate, professional certification, associate degree or baccalaureate degree.

(1) The Attorney General shall publish model policies intended to limit, to the fullest extent possible consistent with state and federal law, immigration enforcement at public schools, Enrolled Senate Bill 1538 (SB 1538-A) Page 5 public health facilities, courthouses, public shelters and other public facilities operated by a public body.

(b) In addition to any content of a policy developed under subsection (1) of this section, [6]a A-Eng.model policy published for public schools for kindergarten through grade 12 must include:

SB 1538 a model policy published for public schools for kindergarten through grade 12 must include:

Enrolled Senate Bill 1538 (SB 1538-A) Page 6 (e) Ensure that any racial and ethnic impact statements for legislation accurately include the [7]impact A-Eng.to immigrants and refugees in this state who are individuals who are Black, indigenous or other people of color;

SB 1538 impact to immigrants and refugees in this state who are individuals who are Black, indigenous or other people of color;

[8]SECTION A-Eng.10.

SB 1538 SECTION 10.