Bill Text: OR HB2299 | 2011 | Regular Session | Enrolled
Bill Title: Relating to children enrolled in public charter schools; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-06-21 - Chapter 443, (2011 Laws): Effective date July 1, 2011. [HB2299 Detail]
Download: Oregon-2011-HB2299-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2299
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Education)
CHAPTER ................
AN ACT
Relating to children enrolled in public charter schools; creating
new provisions; amending ORS 327.297, 338.125, 338.165 and
340.073; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 338.125 is amended to read:
338.125. { - (1) Student enrollment in a public charter
school shall be voluntary. All students who reside within the
school district where the public charter school is located are
eligible for enrollment at a public charter school. If the number
of applications from students who reside within the school
district exceeds the capacity of a program, class, grade level or
building, the public charter school shall select students through
an equitable lottery selection process. However, after a public
charter school has been in operation for one or more years, the
public charter school may give priority for admission to
students: - }
{ - (a) Who were enrolled in the school in the prior year;
or - }
{ - (b) Who have siblings who are presently enrolled in the
school and who were enrolled in the school in the prior year. - }
{ - (2)(a) If space is available a public charter school may
admit students who do not reside in the school district in which
the public charter school is located. - }
{ - (b) Notwithstanding paragraph (a) of this subsection, if
a public charter school offers any online courses as part of the
curriculum of the school, then 50 percent or more of the students
who attend the public charter school must reside in the school
district in which the public charter school is located. - }
{ - (3) A public charter school may not limit student
admission based on race, religion, sex, sexual orientation,
ethnicity, national origin, disability, income level, proficiency
in the English language or athletic ability, but may limit
admission to students within a given age group or grade
level. - }
{ + (1)(a) Student enrollment in a public charter school is
voluntary.
(b) All students who reside in the school district in which the
public charter school is located are eligible for enrollment in
the public charter school. Students who do not reside in the
school district in which the public charter school is located are
Enrolled House Bill 2299 (HB 2299-A) Page 1
eligible for enrollment if space is available and subject to
subsection (2) of this section.
(c) A public charter school may not limit student enrollment
based on race, religion, sex, sexual orientation, ethnicity,
national origin, disability, the terms of an individualized
education program, income level, proficiency in the English
language or athletic ability.
(2)(a) A public charter school:
(A) Shall limit the enrollment of students who do not reside in
the school district in which the public charter school is located
if the public charter school offers any online courses as part of
the curriculum of the school so that at least 50 percent of the
students enrolled in the public charter school reside in the
school district in which the public charter school is located;
(B) May limit the enrollment of students within a given age
group or grade level; and
(C) May limit the enrollment of students if the number of
applications from students exceeds the capacity of a program,
class, grade level or building.
(b) If the number of applications for enrollment exceeds the
capacity of a program, class, grade level or building, the public
charter school:
(A) Shall select students through an equitable lottery
selection process; and
(B) If the school has been in operation one year or longer, may
give priority to students:
(i) Who were enrolled in the school in the prior year; or
(ii) Who have siblings who are presently enrolled in the school
and who were enrolled in the school in the prior year.
(3) Within 10 days of a student's enrollment in a public
charter school, the public charter school shall provide written
notice of the student's enrollment to the school district in
which the public charter school is located if the student does
not reside in the school district where the public charter school
is located.
(4) Within 10 days of receiving the notice described in
subsection (3) of this section, the school district in which the
public charter school is located shall provide to the student's
parent, guardian or person in parental relationship written
information about:
(a) The school district's responsibility to identify, locate
and evaluate students enrolled in the public charter school to
determine which students may be in need of special education and
related services as provided by ORS 338.165; and
(b) The methods by which the school district may be contacted
to answer questions or provide information related to special
education and related services.
(5) When a student described in subsection (3) of this section
withdraws from a public charter school for a reason other than
graduation from high school, the school district in which the
public charter school is located shall:
(a) Provide to the school district in which the student resides
written notice that the student has withdrawn.
(b) Provide to the student's parent, guardian or person in
parental relationship written information about:
(A) The responsibility of the school district in which the
student resides to identify, locate and evaluate students who
reside in the school district to determine which students may be
in need of special education and related services as provided by
ORS 338.165; and
Enrolled House Bill 2299 (HB 2299-A) Page 2
(B) The methods by which the school district in which the
student resides may be contacted to answer questions or provide
information related to special education and related services.
(6)(a) If a student described in subsection (3) of this section
enrolls in a public charter school and has an individualized
education program, the school district in which the public
charter school is located must implement the individualized
education program and follow the terms of the individualized
education program until a new individualized education program is
developed.
(b) If a student described in subsection (3) of this section
withdraws from a public charter school and has an individualized
education program, the school district in which the student
resides must implement the individualized education program and
follow the terms of the individualized education program until a
new individualized education program is developed. + }
{ - (4) - } { + (7) + } A public charter school may conduct
fund-raising activities { - . However, a public charter
school - } { + but + } may not require a student to participate
in fund-raising activities as a condition of admission to the
public charter school.
SECTION 2. { + The amendments to ORS 338.125 by section 1 of
this 2011 Act first apply to the 2011-2012 school year. + }
SECTION 3. ORS 338.165 is amended to read:
338.165. { - (1) Notwithstanding ORS 338.155 (1), For
purposes of this section, the 'resident school district' of a
student who is eligible for special education and related
services shall be the school district in which the student's
parent or guardian or person in parental relationship to the
student resides pursuant to ORS 339.133 and 339.134. - }
{ - (2) For students who attend public charter schools and
are eligible for special education and related services: - }
{ - (a) The resident school district of the student shall be
responsible for providing any required special education and
related services to the student; and - }
{ - (b) Amounts from the State School Fund for those students
shall be distributed through the resident school district
pursuant to this section. - }
{ + (1)(a) The school district in which a public charter
school is located shall identify, locate and evaluate students
enrolled in the public charter school to determine which students
may be in need of special education and related services.
(b) The school district in which a public charter school is
located:
(A) Shall receive funding from the State School Fund as
provided by this section for students who are eligible for
special education and related services and who are enrolled in
the public charter school; and
(B) Is eligible to receive high cost disabilities grants as
provided by ORS 327.348 for students who are enrolled in the
public charter school.
(c) Students who are eligible for special education and related
services shall be considered students of the school district in
which the public charter school is located for purposes of data
collection and reporting. + }
{ - (3) - } { + (2) + } { - Notwithstanding ORS 338.155
(2), a resident school district of a student who is eligible for
special education and related services shall contractually
establish, with any public charter school in which the student is
enrolled, payment for provision of special education and related
Enrolled House Bill 2299 (HB 2299-A) Page 3
services to the student. - } If a student is enrolled in a
public charter school and is eligible for special education and
related services { + , + } an additional amount shall be added to
the ADM of the public charter school as described in ORS 327.013
(1)(c)(A)(i). The payment per ADMw in the public charter school
that is attributable to the student who is eligible for special
education and related services shall equal an amount that is at
least equal to:
(a) 40 percent of the amount of the { - school district's - }
General Purpose Grant per ADMw { + for the school district in
which the public charter school is located, + } as calculated
under ORS 327.013 { + , + } for students who are enrolled in
kindergarten through grade eight; and
(b) 47.5 percent of the amount of the { - school
district's - } General Purpose Grant per ADMw { + for the school
district in which the public charter school is located, + } as
calculated under ORS 327.013 { + , + } for students who are
enrolled in grades 9 through 12.
{ - (4) - } { + (3) + } If the { - resident school
district is not - } { + State Board of Education is + }the
sponsor of a public charter school, the
{ - resident - } school district { + in which the public
charter school is located, + } for each ADMw that is attributable
to a student enrolled in a public charter school who is eligible
for special education and related services { + , + } shall
transfer five percent of the amount of the school district's
General Purpose Grant per ADMw as calculated under ORS 327.013 to
the { - sponsor of the public charter school - } { + State
Board of Education + }.
{ - (5) - } { + (4) + } Notwithstanding subsection
{ - (3) - } { + (2) + } of this section, a school district and
a public charter school may negotiate on a case-by-case basis for
an alternative distribution of funds other than the distribution
prescribed by subsection
{ - (3) - } { + (2) + } of this section.
{ + (5) Payments under this section must be made within 10
days after a school district receives payment from the State
School Fund pursuant to ORS 327.095. + }
SECTION 4. { + The amendments to ORS 338.165 by section 3 of
this 2011 Act apply to State School Fund distributions and high
cost disabilities grant distributions beginning with the
2011-2012 school year distributions. + }
SECTION 5. ORS 327.297 is amended to read:
327.297. (1) In addition to those moneys distributed through
the State School Fund, the Department of Education shall award
grants to school districts, education service districts, the
Youth Corrections Education Program and the Juvenile Detention
Education Program for activities that relate to increases in
student achievement, including:
(a) Early childhood support including establishing, maintaining
or expanding quality prekindergarten programs and full-day
kindergarten programs;
(b) Class size reduction with an emphasis on the reduction of
kindergarten through grade three class sizes;
(c) Increases in instructional time including summer programs
and before- and after-school programs;
(d) Mentoring, teacher retention and professional development;
(e) Remediation, alternative learning and student retention;
(f) Services to at-risk youth;
Enrolled House Bill 2299 (HB 2299-A) Page 4
(g) Programs to improve a student achievement gap between
student groups identified by culture, poverty, language and race
and other student groups;
(h) Vocational education programs;
(i) Literacy programs;
(j) School library programs; and
(k) Other research-based student improvement strategies
approved by the State Board of Education.
(2)(a) Each school district, each education service district,
the Youth Corrections Education Program and the Juvenile
Detention Education Program may apply to the Department of
Education for a grant.
(b) The department shall review and approve applications based
on criteria established by the State Board of Education. In
establishing the criteria, the State Board of Education shall
consider the recommendations of the Quality Education Commission
established under ORS 327.500.
(c) The applications shall include the activities to be funded
and the goals of the district or program for increases in student
performance. The applications shall become part of the local
district continuous improvement plan described in ORS 329.095.
(3) The Department of Education shall evaluate the annual
progress of each recipient of grant funds under this section
toward the performance targets established by the Quality
Education Commission. The evaluation shall become part of the
requirements of the department for assessing the effectiveness of
the district under ORS 329.085, 329.095 and 329.105. The
department shall ensure district and program accountability by
providing appropriate assistance, intervening and establishing
consequences in order to support progress toward the performance
targets.
(4) Each biennium the Department of Education shall issue a
report to the Legislative Assembly on the grant program and the
results of the grant program.
(5)(a) Notwithstanding ORS 338.155 (9), the Department of
Education may not award a grant under this section directly to a
public charter school.
(b) A school district that receives a grant under this section
may transfer a portion of the grant to a public charter school
based on the charter of the school or any other agreement between
the school district and the public charter school.
(c) A public charter school that receives grant funds under
this subsection shall use those funds for the activities
specified in subsection (1) of this section.
(6)(a) The amount of each grant for a program or school
district = the program's or school district's ADMw X (the total
amount available for distribution to programs and school
districts as grants in each fiscal year : the total ADMw of all
programs and school districts that receive a grant).
(b) The amount of each grant for an education service district
= the education service district's ADMw X (the total amount
available for distribution to education service districts as
grants in each fiscal year : the total ADMw of all education
service districts that receive a grant).
(c) As used in this subsection, 'ADMw' means:
(A) For a school district, the extended weighted average daily
membership as calculated under ORS 327.013, 338.155 (1) and
338.165 { - (3) - } { + (2) + };
(B) For the Youth Corrections Education Program, the average
daily membership as defined in ORS 327.006 multiplied by 2.0;
Enrolled House Bill 2299 (HB 2299-A) Page 5
(C) For the Juvenile Detention Education Program, the average
daily membership as defined in ORS 327.006 multiplied by 1.5; and
(D) For an education service district, the sum of the ADMw of
the component school districts of the education service district.
(7) Each district or program shall deposit the grant amounts it
receives under this section in a separate account, and shall
apply amounts in that account to pay for activities described in
the district's or program's application.
(8) The State Board of Education may adopt any rules necessary
for the administration of the grant program.
SECTION 6. ORS 340.073 is amended to read:
340.073. (1) A public charter school may elect to participate
in the Expanded Options Program by amending its charter under ORS
338.065.
(2) Actual instructional costs associated with participating
eligible students shall be negotiated and paid directly to the
eligible post-secondary institution by the public charter school.
(3) The participating public charter school may not require
funding from the sponsor of the school for payment of Expanded
Options Program costs that is in addition to funding that already
has been contractually established pursuant to ORS 338.155 (2)(b)
or (3)(b) or 338.165 { - (3)(b) - } { + (2)(b) + }.
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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Passed by House March 1, 2011
Repassed by House June 9, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 7, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2299 (HB 2299-A) Page 6
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 2299 (HB 2299-A) Page 7
