Bill Text: OR HB2180 | 2011 | Regular Session | Enrolled
Bill Title: Relating to talented and gifted programs; and declaring an emergency.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Passed) 2011-06-21 - Chapter 440, (2011 Laws): Effective date July 1, 2011. [HB2180 Detail]
Download: Oregon-2011-HB2180-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2180
Sponsored by Representatives TOMEI, WHISNANT; Representatives
BAILEY, BOONE, DOHERTY, ROBLAN, THATCHER, Senators BONAMICI,
DEVLIN, DINGFELDER (at the request of Oregon Association for
Talented and Gifted) (Presession filed.)
CHAPTER ................
AN ACT
Relating to talented and gifted programs; creating new
provisions; amending ORS 343.395, 343.397, 343.399, 343.401 and
343.411; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 343.397 is amended to read:
343.397. { - Any - } { + A + } school district
{ - may - } { + shall + } submit to the Superintendent of
Public Instruction { - for approval - } a written plan of
instruction for talented and gifted children. The plan shall
include, but not be limited to:
(1) A statement of school district policy on the education of
talented and gifted children;
(2) An assessment of current special programs and services
provided by the district for talented and gifted children;
(3) A statement of district goals for providing comprehensive
special programs and services and over what span of time the
goals will be achieved;
(4) A description of the nature of the special programs and
services which will be provided to accomplish the goals; and
(5) A plan for evaluating progress on the district plan
including each component program and service.
SECTION 2. ORS 343.395 is amended to read:
343.395. As used in ORS 343.391 to 343.413, unless the context
requires otherwise:
(1) 'Application' means a request { - by a school
district - } for state funds { + that is submitted by a school
district under ORS 343.399 + } to develop and operate programs
for students under { - an approved, - } { + a + } written
plan { - as contained - } { + of instruction for talented and
gifted children described + } in ORS 343.397.
{ - (2) 'Board' means the State Board of Education. - }
{ - (3) 'Department' means the Department of Education. - }
{ - (4) - } { + (2) + } 'Identification' means the formal
process of screening and selecting talented and gifted children
according to administrative rules established by the board.
{ - (5) - } { + (3) + } 'School district' has the
{ - same - } meaning { - as - } { + given that term + } in
ORS 330.005 (2) { + . + } { - and also - } { + ' School
district' + } includes, where appropriate, an education service
Enrolled House Bill 2180 (HB 2180-INTRO) Page 1
district, state operated schools or programs or a consortium of
school districts submitting a joint { - plan - } { +
application + }.
{ - (6) 'Superintendent' means the Superintendent of Public
Instruction. - }
{ - (7) - } { + (4) + } 'Talented and gifted children'
means those children who require special educational programs or
services, or both, beyond those normally provided by the regular
school program in order to realize their contribution to self and
society and who demonstrate outstanding ability or potential in
one or more of the following areas:
(a) General intellectual ability as commonly measured by
measures of intelligence and aptitude.
(b) Unusual academic ability in one or more academic areas.
(c) Creative ability in using original or nontraditional
methods in thinking and producing.
(d) Leadership ability in motivating the performance of others
either in educational or noneducational settings.
(e) Ability in the visual or performing arts, such as dance,
music or art.
SECTION 3. ORS 343.399 is amended to read:
343.399. (1) Any school district may apply for state funds for
special programs and services for talented and gifted children
identified in the district. { + A school district may apply for
state funds by submitting an application to the Superintendent of
Public Instruction. + }
(2) The superintendent { - of Public Instruction - } shall
annually establish a date after which no further applications
{ - shall be received - } for state funds { + may be
submitted + } under this section.
(3) The superintendent { - shall select - } { + may approve
only + } applications { - from among those - } that comply
with ORS 343.391 to 343.413 and rules adopted by the State Board
of Education. Any criteria used by the superintendent to evaluate
applications shall include, but { + need + } not be limited to:
(a) A statement of the school district's present level of
special educational programs and services for { - the - }
talented and gifted { + children + } and how the special
educational programs and services contained in the application
conform with the school district's written plan { + for
instruction for talented and gifted children described in ORS
343.397 + }.
(b) Identification procedures that comply with rules adopted by
the board.
(c) A detailed budget for the program expenditures.
(d) A description of the individual student assessment and
evaluative procedures and tools.
(e) A justification of special educational services and
programs for { - identified - } talented and gifted
{ - students - } { + children identified in the school
district + } in terms of the student assessment and evaluation.
(f) An evaluation design { - which - } { + that + } meets
standards set forth by the Department of Education.
{ + (4) The superintendent may not approve an application
unless the school district agrees to expend district funds for
special educational programs for talented and gifted children in
an amount equal to or greater than the amount of state funds
approved by the superintendent. + }
SECTION 4. ORS 343.401 is amended to read:
Enrolled House Bill 2180 (HB 2180-INTRO) Page 2
343.401. (1) Except as provided in ORS 343.404, the funds
specifically appropriated for the program under ORS 343.391 to
343.413 shall be distributed { + only + } to { + school + }
districts { - that have approved, written plans and have
submitted an application - } { + whose applications
submitted + } to the Superintendent of Public Instruction
{ - that has - } { + pursuant to ORS 343.399 have + } been
approved.
(2) State funds shall be allocated on an approved program cost
basis, the amount of which shall be established { + annually + }
by the State Board of Education { - annually - } .
{ - (3) The superintendent may not approve an application
unless the district agrees to expend district funds for special
educational programs for talented and gifted children in an
amount equal or greater than the amount of state funds approved
by the superintendent. - }
{ - (4) - } { + (3) + } { - The - } { + School + }
districts shall account for the
{ - grant - } { + state + } funds { - as - } expended for
{ - the identified pupils - } { + talented and gifted children
identified in the districts + } on a form acceptable to the
Department of Education, as described in rules adopted by the
board.
SECTION 5. ORS 343.411 is amended to read:
343.411. (1) ORS 343.407 and 343.409 { - shall - } apply to
the identification of and provision of special educational
programs and services for { - the talented and gifted as - }
{ + children + }described in ORS 343.395 { - (7)(a) - }
{ + (4)(a) + } and (b) and rules adopted by the State Board of
Education.
(2) School districts may identify and provide special
educational programs and services for { - students - }
{ + children + } who demonstrate creative abilities, leadership
abilities or unusual abilities in the visual or performing arts
as described in ORS 343.395 { - (7)(c) - } { + (4)(c) + },
(d) and (e) and rules adopted by the board.
(3) The board shall adopt state guidelines for the
identification and provision of special educational programs and
services described in subsection (2) of this section.
SECTION 6. { + The amendments to ORS 343.395, 343.397,
343.399, 343.401 and 343.411 by sections 1 to 5 of this 2011 Act
first apply to the 2011-2012 school year. + }
SECTION 7. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect July 1,
2011. + }
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Enrolled House Bill 2180 (HB 2180-INTRO) Page 3
Passed by House April 7, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 11, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2180 (HB 2180-INTRO) Page 4
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2180 (HB 2180-INTRO) Page 5
