Bill Text: OR HB2876 | 2013 | Regular Session | Introduced
Bill Title: Relating to financing of public charter schools; declaring an emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2876 Detail]
Download: Oregon-2013-HB2876-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 2436
House Bill 2876
Sponsored by Representative PARRISH
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.
Requires sponsor of public charter school to pay school amount
per ADMw that is equal to amount received by sponsoring school
district or by school district where public charter school is
located. Directs school district to transfer grants to public
charter school based on criteria school district uses to transfer
grants to other public schools in school district. Considers
transportation costs incurred by public charter school to be same
as transportation costs incurred by school district.
Declares emergency, effective July 1, 2013.
A BILL FOR AN ACT
Relating to financing of public charter schools; creating new
provisions; amending ORS 327.297, 338.145, 338.155 and 340.073;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 338.155 is amended to read:
338.155. (1)(a) Students of a public charter school shall be
considered to be residents of the school district in which the
public charter school is located for purposes of distribution of
the State School Fund.
(b)(A) For the purpose of determining the amounts to be
distributed from the State School Fund to a school district in
which a public charter school is located, the district extended
ADMw described in ORS 327.013 shall be determined by:
(i) Separately calculating the extended ADMw for students at
the public charter school and the extended ADMw for students at
nonchartered public schools in the school district; and
(ii) Adding the extended ADMw for students at the public
charter school and the extended ADMw for students at nonchartered
public schools in the school district.
(B) Except as provided in subparagraph (A) of this paragraph:
(i) All other calculations made under ORS 327.013 shall be made
as though the students enrolled at a public charter school were
students enrolled at the public schools in the school district in
which the public charter school is located; and
(ii) All references to the district extended ADMw shall be
based on the calculation made under subparagraph (A)(ii) of this
paragraph.
(C) All amounts to be distributed from the State School Fund to
public charter schools shall first be distributed to the school
district in which the public charter school is located.
(2) A school district shall { - contractually establish, with
any public charter school that is sponsored by the board of the
school district, payment for - } { + enter into a contract with
the sponsor that provides for payment to the public charter
school for the + } provision of educational services to the
public charter school's students. The payment shall equal an
amount per weighted average daily membership (ADMw) of the public
charter school that is { - at least - } equal to:
{ + (a) The amount of the General Purpose Grant per ADMw, as
calculated under ORS 327.013, for the sponsor if the sponsor is a
school district; or
(b) The amount of the General Purpose Grant per ADMw, as
calculated under ORS 327.013, for the school district where the
public charter school is located if the sponsor is the State
Board of Education or an institution of higher education. + }
{ - (a) Eighty percent of the amount of the school district's
General Purpose Grant per ADMw as calculated under ORS 327.013
for students who are enrolled in kindergarten through grade
eight; and - }
{ - (b) Ninety-five percent of the amount of the school
district's General Purpose Grant per ADMw as calculated under ORS
327.013 for students who are enrolled in grades 9 through 12. - }
{ - (3) A school district shall contractually establish, with
any public charter school that is sponsored by the State Board of
Education or an institution of higher education and that is
within the boundaries of the school district, payment for
provision of educational services to the public charter school's
students. The payment shall equal an amount per weighted average
daily membership (ADMw) of the public charter school that is at
least equal to: - }
{ - (a) Ninety percent of the amount of the school district's
General Purpose Grant per ADMw as calculated under ORS 327.013
for students who are enrolled in kindergarten through grade
eight; and - }
{ - (b) Ninety-five percent of the amount of the school
district's General Purpose Grant per ADMw as calculated under ORS
327.013 for students who are enrolled in grades 9 through 12. - }
{ - (4) - } { + (3) + } The estimated amount of each school
district's General Purpose Grant per ADMw shall be determined
each year by the Department of Education and made available to
all school districts.
{ - (5) The school district in which the public charter
school is located shall transfer an amount per weighted average
daily membership (ADMw) of the public charter school that is
equal to 50 percent of the amount of the school district's
General Purpose Grant per ADMw as calculated under ORS 327.013
that is not paid to the public charter school through a contract
created pursuant to subsection (2) or (3) of this section to: - }
{ - (a) For a public charter school sponsored by a school
district, any school district in which the parent or guardian of,
or person in parental relationship to, a student of a public
charter school resides pursuant to ORS 339.133 and 339.134; - }
{ - (b) For a public charter school sponsored by the State
Board of Education, the Department of Education; or - }
{ - (c) For a public charter school sponsored by an
institution of higher education, the institution of higher
education. - }
{ - (6) The department may use any moneys received under this
section for activities related to public charter schools. - }
{ - (7) - } { + (4) + } A school district and a public
charter school may negotiate to establish a payment for the
provision of educational services to the public charter school's
students that is more than the { - minimum amounts specified in
subsection (2) or (3) - } { + amount specified in subsection
(2) + }of this section.
{ + (5) In addition to payments received by a public charter
school under subsection (2) of this section, the public charter
school is entitled to receive any moneys received by a school
district for the benefit of the public charter school. + }
{ - (8) - } { + (6) + } A school district shall send
payment to a public charter school based on a contract negotiated
under this section within 10 days after receiving payments from
the State School Fund pursuant to ORS 327.095 { + or after
receiving moneys pursuant to subsection (5) of this section + }.
{ - (9)(a) - } { + (7)(a) + } A public charter school may
apply for any grant that is available to school districts or
nonchartered public schools from the Department of Education. The
department shall consider the application of the public charter
school in the same manner as an application from a school
district or nonchartered public school.
(b) The department shall award any grant that is available to
school districts based solely on the weighted average daily
membership (ADMw) of the school district directly to the public
charter school. This paragraph does not apply to any grant from
the State School Fund.
SECTION 2. { + The amendments to ORS 338.155 by section 1 of
this 2013 Act apply to contracts entered into or renewed by a
sponsor and public charter school on or after the effective date
of this 2013 Act. + }
SECTION 3. 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;
(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)(a) Notwithstanding ORS 338.155 { - (9) - } { + (7) + },
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 - } { + shall + } transfer a portion of the grant to a
public charter school based on the { + criteria used to transfer
grants to any other public school in the school district or 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.
(4)(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 (2);
(B) For the Youth Corrections Education Program, the average
daily membership as defined in ORS 327.006 multiplied by 2.0;
(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 school districts located within the territory of the
education service district.
(5) 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.
(6) The State Board of Education may adopt any rules necessary
for the administration of the grant program.
SECTION 4. ORS 327.297, as amended by section 9, chapter 704,
Oregon Laws 2011, 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;
(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;
(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)(a) Notwithstanding ORS 338.155 { - (9) - } { + (7) + },
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 - } { + shall + } transfer a portion of the grant to a
public charter school based on the { + criteria used to transfer
grants to any other public school in the school district or 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.
(4)(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 (2);
(B) For the Youth Corrections Education Program, the average
daily membership as defined in ORS 327.006 multiplied by 2.0;
(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 school districts located within the territory of the
education service district.
(5) 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.
(6) The State Board of Education may adopt any rules necessary
for the administration of the grant program.
SECTION 5. ORS 338.145 is amended to read:
338.145. (1) The public charter school shall be responsible for
providing transportation to students who reside within the school
district and who attend the public charter school. The public
charter school may negotiate with a school district for the
provision of transportation to students attending the public
charter school.
(2) Notwithstanding subsection (1) of this section, the school
district within which the public charter school is located shall
be responsible for the transportation of students attending the
public charter school pursuant to ORS 327.043 in the same manner
as students attending nonchartered public schools if the student
is a resident of the school district. However, a school district
may not be required to add or extend existing bus routes or other
transportation services pursuant to this subsection.
(3) Students who attend public charter schools and who reside
outside of the school district may use existing bus routes and
transportation services of the school district in which a public
charter school is located.
(4) { + (a) + } Any transportation costs incurred by a school
district under this section shall be considered approved
transportation costs for purposes of ORS 327.013 in the same
manner as transportation costs incurred by the school district
for transporting students who attend nonchartered public schools
are considered approved transportation costs for purposes of ORS
327.013.
{ + (b) Any transportation costs incurred by a public charter
school for providing transportation to students who reside within
the school district and who attend the public charter school
shall be considered approved transportation costs for purposes of
ORS 327.013 in the same manner as transportation costs incurred
by a school district for transporting students are considered
approved transportation costs for purposes of ORS 327.013. A
school district shall pay the public charter school the total
amount received by the school district for transportation costs
incurred by the public charter school within 10 days after the
school district receives the amount. + }
SECTION 6. { + The amendments to ORS 327.297 and 338.145 by
sections 3 to 5 of this 2013 Act apply to State School Fund
distributions and other distributions of moneys to school
districts commencing with the 2013-2014 distributions. + }
SECTION 7. 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) - } { + ORS 338.155 (2) + } or 338.165 (2)(b).
SECTION 8. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect July 1,
2013. + }
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