Bill Text: OR HB2750 | 2013 | Regular Session | Introduced
Bill Title: Relating to provision of special education; prescribing an effective date.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2750 Detail]
Download: Oregon-2013-HB2750-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1053
House Bill 2750
Sponsored by COMMITTEE ON EDUCATION
SUMMARY
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. It is an editor's
brief statement of the essential features of the measure as
introduced.
Specifies preference for integrating into school district
children who are receiving special education. Limits
circumstances under which school district may contract with
education service district for provision of full-time
instructional services to children receiving special education.
Takes effect July 1, 2014.
A BILL FOR AN ACT
Relating to provision of special education; creating new
provisions; amending ORS 334.175 and 343.221; and prescribing
an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 343.221 is amended to read:
343.221. In order to provide special education for children
with disabilities, the district school board of any school
district in which there are school-age children who require
special education:
(1) Shall submit an annual projected activities and cost
statement to the Superintendent of Public Instruction for a
program of special education for the district's children with
disabilities. The proposed district program shall { + :
(a) + } Include provisions for providing special education and
related services { - and - } { + ;
(b) + } Be designed to meet the unique needs of all resident
children with disabilities { - . - } { + ; and
(c) To the extent practicable, provide special education:
(A) At school district facilities;
(B) By school district staff; and
(C) With children enrolled in, and participating as members of,
the student body of the school the children attend. + }
(2) Shall provide special education for such children
consistent with the projected activities and cost statement.
(3) May, when the board considers a contract to be economically
feasible and in the interests of the learning opportunities of
eligible children, contract for special education for such
children with another school district if the district school
boards jointly agree to provide special education.
(4) May, when the board considers a contract to be economically
feasible and in the interests of the learning opportunities of
eligible children, contract for special education for such
children with an education service district if:
(a) The contract is consistent with the local service plan of
the education service district developed pursuant to ORS 334.175
and the school districts within the education service district
approve the contract by a resolution adopted in the manner
provided in ORS 334.175.
{ + (b) The school district:
(A) Has a student population of fewer than 1,000 students;
(B) Is entering into a contract for the provision of services
that may include the provision of related services, materials or
training, but that may not include the provision of full-time
instructional services unless otherwise allowed under
subparagraph (C) of this paragraph; or
(C) Is entering into a contract for the provision of full-time
instructional services to three or fewer students from the school
district because of the specifications of the students'
individualized education programs. + }
{ - (b) - } { + (c) + } The school district contracts with
an education service district pursuant to ORS 334.185.
(5) May contract with private agencies or organizations
approved by the State Board of Education for special education.
(6) May use the services of public agencies, including
community mental health programs and community developmental
disabilities programs, which provide diagnostic, evaluation and
other related services for children.
(7) May contract for the provision of related services by a
person in private practice if that person is registered,
certified or licensed by the State of Oregon as qualified to
provide a particular related service that requires registration,
certification or licensing by the state.
SECTION 2. ORS 334.175 is amended to read:
334.175. (1) An education service district shall provide
regionalized core services to component school districts. The
goals of these services are to:
(a) Assist component school districts in meeting the
requirements of state and federal law;
(b) Improve student learning;
(c) Enhance the quality of instruction provided to students;
(d) Enable component school districts and the students who
attend schools in those districts to have equitable access to
resources; and
(e) Maximize operational and fiscal efficiencies for component
school districts.
(2) The services provided by an education service district
shall be provided according to a local service plan developed by
the education service district and component school districts.
The education service district and component school districts
shall develop the local service plan to meet the goals specified
in subsection (1) of this section. The local service plan must
include services in at least the following areas:
(a) Programs for children with special needs, including but not
limited to special education services and services for at-risk
students. { + Programs for children receiving special education
services under a contract with a school district may be provided
only as described in ORS 343.221 (4). + }
(b) Technology support for component school districts and the
individual technology plans of those districts, including but not
limited to technology infrastructure services, data services,
instructional technology services and distance learning.
(c) School improvement services for component school districts,
including but not limited to:
(A) Services designed to support component school districts in
meeting the requirements of state and federal law;
(B) Services designed to allow the education service district
to participate in and facilitate a review of the state and
federal standards related to the provision of a quality education
by component school districts;
(C) Services designed to support and facilitate continuous
school improvement planning;
(D) Services designed to address schoolwide behavior and
climate issues; and
(E) Services designed to support career and technical
education.
(d) Administrative and support services for component school
districts, including but not limited to services designed to
consolidate component school district business functions, liaison
services between the Department of Education and component school
districts and registration of children being taught by private
teachers, parents or legal guardians pursuant to ORS 339.035.
(e) Other services that an education service district is
required to provide by state or federal law, including but not
limited to services required under ORS 339.005 to 339.090.
(3) In addition to the services specified in subsection (2) of
this section, a local service plan may include other services
that are designed to meet regional needs.
(4) A local service plan shall also contain annual performance
measures for the education service district.
(5) A local service plan must:
(a) Be adopted by the board of the education service district.
(b) After being adopted by the board of the education service
district, be approved on or before March 1 by resolution of
two-thirds of the component school districts that are a part of
the education service district and that have at least a majority
of the pupils included in the average daily membership of the
education service district, as determined by the reports of such
school districts for the preceding year, enrolled in the schools
of the school districts.
(6) Notwithstanding the process for approval and adoption
required by subsection (5) of this section, if the component
school districts approve an amendment to a local service plan
pursuant to subsection (5)(b) of this section, the board of an
education service district may amend a local service plan that
has been previously adopted by the board and approved by the
component school districts. An amendment to a local service plan
may be done at any time.
(7) If a component school district determines that a local
service plan, or the provision of services under a local service
plan, does not meet the service needs of the component school
district, the component school district may contract with a
public entity for the provision of services.
(8) An education service district may provide the services
required by the local service plan directly through the staff of
the district. In addition, an education service district may
provide services required by the local service plan through the
operation of a public school, a public charter school pursuant to
ORS chapter 338, an alternative school or a preschool.
(9) An education service district may provide the services
required by the local service plan in cooperation with another
education service district or with a school district. In
addition, an education service district may contract with a
public or private entity for the provision of services.
SECTION 3. { + The amendments to ORS 334.175 and 343.221 by
sections 1 and 2 of this 2013 Act first apply to the 2014-2015
school year. + }
SECTION 4. { + This 2013 Act takes effect on July 1, 2014. + }
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