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. + } ----------