Bill Text: OR HB2755 | 2013 | Regular Session | Introduced

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Bill Title: Relating to the Blind and Visually Impaired Student Fund.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2755 Detail]

Download: Oregon-2013-HB2755-Introduced.html

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     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 2077

                         House Bill 2755

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.

  Establishes advisory committee for purpose of assisting
Department of Education in distributing moneys in Blind and
Visually Impaired Student Fund.
  Authorizes department to distribute moneys in fund for purpose
of providing vision screening in public schools.

                        A BILL FOR AN ACT
Relating to the Blind and Visually Impaired Student Fund;
  creating new provisions; and amending ORS 343.236 and 346.315
  and section 9, chapter 562, Oregon Laws 2009.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) An advisory committee is established for
the purpose of assisting the Department of Education in
distributing the funds in the Blind and Visually Impaired Student
Fund under ORS 346.315.
  (2) The committee shall consist of eight members appointed by
the Governor, and shall include:
  (a) One member who attended the Oregon School for the Blind.
  (b) One member who is a teacher of blind or visually impaired
students.
  (c) Two members, each of whom is a parent of a child who is
blind or visually impaired.
  (d) Two members who are blind or visually impaired.
  (e) One member who represents the business community.
  (f) One member who has experience in developing technology that
enhances independence for individuals who are blind or visually
impaired. + }
  SECTION 2. Section 9, chapter 562, Oregon Laws 2009, is amended
to read:
   { +  Sec. 9. + } The amendments to   { - section 7 of this
2009 Act - }  { +  ORS 346.315 + } by section 8   { - of this
2009 Act - }  { + , chapter 562, Oregon Laws 2009, + } become
operative   { - June 30, 2020 - }  { +  on the effective date of
this 2013 Act + }.
  SECTION 3. ORS 346.315, as amended by section 8, chapter 562,
Oregon Laws 2009, is amended to read:
  346.315. (1) The Blind and Visually Impaired Student Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Blind and Visually Impaired
Student Fund shall be credited to the Blind and Visually Impaired
Student Fund.
  (2) Moneys in the Blind and Visually Impaired Student Fund are
continuously appropriated to the Department of Education for the
purposes of:
  (a) Assisting students who are blind or visually impaired in
receiving appropriate resources and services, including
educational services, in the communities where the students
reside  { +  or in other settings identified in individualized
education programs for students described in section 3 (1),
chapter 562, Oregon Laws 2009 + };
  (b) Supplementing funds available to regional programs
authorized under ORS 343.236   { - (1)(a)(A) and (C) - }
 { + (1)(a) and (c) + } to ensure access to the expanded core
curriculum for students who are blind or visually impaired;
  (c) Coordinating professional development of persons who
provide educational services to students who are blind or
visually impaired;
  (d) Providing technical assistance for the purpose of providing
educational services to students who are blind or visually
impaired;   { - and - }
  (e) Coordinating activities for the benefit of students who are
blind or visually impaired  { - . - }  { + ; and
  (f) Providing vision screening in the public schools of this
state. + }
  (3) When determining the manner in which to spend the moneys in
the Blind and Visually Impaired Student Fund, the Department of
Education shall { +  consult with the advisory committee
established in section 1 of this 2013 Act and:
  (a) Give priority to services or resources used by students
described in section 3 (1), chapter 562, Oregon Laws 2009; and
  (b) + } Ensure that the moneys are used in addition to any
other available moneys { + , + }   { - and - }  do not supplant
moneys available from any other source { +  and are used for
resources and services that would not otherwise be available to
the student under an individualized education program + }.
   { +  (4) Notwithstanding subsection (3)(b) of this section, a
school district is not required to seek moneys from the High Cost
Disabilities Account established in ORS 327.348 prior to seeking
moneys from the Blind and Visually Impaired Student Fund for
costs associated with providing services to a student if:
  (a) The student is a student described in section 3 (1),
chapter 562, Oregon Laws 2009;
  (b) The purpose of the moneys is to provide appropriate
resources and services, including educational services, in a
setting identified in the individualized education program for
the student; and
  (c) The total cost of the resources and services includes both
medical and educational costs and exceeds $200,000 per fiscal
year. + }
  SECTION 4. ORS 346.315, as amended by section 8, chapter 562,
Oregon Laws 2009, and section 3 of this 2013 Act, is amended to
read:
  346.315. (1) The Blind and Visually Impaired Student Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Blind and Visually Impaired
Student Fund shall be credited to the Blind and Visually Impaired
Student Fund.
  (2) Moneys in the Blind and Visually Impaired Student Fund are
continuously appropriated to the Department of Education for the
purposes of:
  (a) Assisting students who are blind or visually impaired in
receiving appropriate resources and services, including
educational services, in the communities where the students
reside
  { - or in other settings identified in individualized education
programs for students described in section 3 (1), chapter 562,
Oregon Laws 2009 - } ;
  (b) Supplementing funds available to regional programs
authorized under ORS 343.236 (1)(a) and (c) to ensure access to
the expanded core curriculum for students who are blind or
visually impaired;
  (c) Coordinating professional development of persons who
provide educational services to students who are blind or
visually impaired;
  (d) Providing technical assistance for the purpose of providing
educational services to students who are blind or visually
impaired;
  (e) Coordinating activities for the benefit of students who are
blind or visually impaired; and
  (f) Providing vision screening in the public schools of this
state.
  (3) When determining the manner in which to spend the moneys in
the Blind and Visually Impaired Student Fund, the Department of
Education shall consult with the advisory committee established
in section 1 of this 2013 Act and  { - : - }
    { - (a) Give priority to services or resources used by
students described in section 3 (1), chapter 562, Oregon Laws
2009; and - }
    { - (b) - }  ensure that the moneys are used in addition to
any other available moneys, do not supplant moneys available from
any other source and are used for resources and services that
would not otherwise be available to the student under an
individualized education program.
    { - (4) Notwithstanding subsection (3)(b) of this section, a
school district is not required to seek moneys from the High Cost
Disabilities Account established in ORS 327.348 prior to seeking
moneys from the Blind and Visually Impaired Student Fund for
costs associated with providing services to a student if: - }
    { - (a) The student is a student described in section 3 (1),
chapter 562, Oregon Laws 2009; - }
    { - (b) The purpose of the moneys is to provide appropriate
resources and services, including educational services, in a
setting identified in the individualized education program for
the student; and - }
    { - (c) The total cost of the resources and services includes
both medical and educational costs and exceeds $200,000 per
fiscal year. - }
  SECTION 5.  { + The amendments to ORS 346.315 by section 4 of
this 2013 Act become operative June 30, 2020. + }
  SECTION 6. ORS 343.236 is amended to read:
  343.236. (1)  { - (a) - }  The Superintendent of Public
Instruction may provide special education on a local, county or
regional basis without regard to county boundaries in all areas
of the state for children who have:
    { - (A) - }   { + (a) + } A visual impairment;
    { - (B) - }   { + (b) + } A hearing impairment;
    { - (C) - }   { + (c) + } Blindness or deafness, or both;
    { - (D) - }   { + (d) + } An orthopedic impairment;
    { - (E) - }   { + (e) + } Autism; or
    { - (F) - }   { + (f) + } Traumatic brain injury.
    { - (b) The superintendent shall designate one of the
regional programs that provides special education to children who
are blind or visually impaired to provide statewide coordination
and technical assistance related to the provision of services
described in ORS 346.315 (2). - }
    { - (c) The program designated under paragraph (b) of this
subsection may receive moneys from the Blind and Visually
Impaired Student Fund established under ORS 346.315 and
distribute those moneys to other regional programs. - }
  (2) The Superintendent of Public Instruction may operate and
administer a local, county or regional program of special
education or the superintendent may contract for the operation

and administration of the program with a school district or an
education service district.
  (3) The State Board of Education by rule shall establish
eligibility criteria and educational standards for the programs
described in subsection (1) of this section and those programs in
the school operated under ORS 346.010.
  (4) A school district which contracts to provide a program
under this section shall be paid for the state-approved program
as determined and funded by the Legislative Assembly. Contracting
school districts are authorized to negotiate supplemental
programs with participating school districts.
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