Bill Text: OR HB2877 | 2013 | Regular Session | Introduced
Bill Title: Relating to funding for talented and gifted children; declaring an emergency.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2877 Detail]
Download: Oregon-2013-HB2877-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 2454
House Bill 2877
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.
Provides funding for instruction for talented and gifted
children based on amount per student. Requires school districts
to provide instruction for talented and gifted children.
First applies to 2013-2014 school year.
Declares emergency, effective July 1, 2013.
A BILL FOR AN ACT
Relating to funding for talented and gifted children; creating
new provisions; amending ORS 327.008, 327.023, 343.395,
343.396, 343.397 and 343.411; repealing ORS 343.399 and
343.401; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 327.008, as amended by section 3, chapter 91,
Oregon Laws 2012, is amended to read:
327.008. (1) There is established a State School Fund in the
General Fund. The fund shall consist of moneys appropriated by
the Legislative Assembly and moneys transferred from the
Education Stability Fund. The State School Fund is continuously
appropriated to the Department of Education for the purposes of
ORS 327.006 to 327.077, 327.095, 327.099, 327.101, 327.125,
327.137, 327.348, 336.575, 336.580, 336.635, 342.173, 343.243,
343.533 and 343.961.
(2) There shall be apportioned from the State School Fund to
each school district a State School Fund grant, consisting of the
positive amount equal to a general purpose grant and a facility
grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.011
and 327.013.
(3) There shall be apportioned from the State School Fund to
each education service district a State School Fund grant as
calculated under ORS 327.019.
(4) There shall be apportioned from the State School Fund the
amount to be transferred to the Regional Educational Services
Account as calculated under ORS 327.009.
(5) All figures used in the determination of the distribution
of the State School Fund shall be estimates for the same year as
the distribution occurs, unless otherwise specified.
(6) Numbers of students in average daily membership used in the
distribution formula shall be the numbers as of June of the year
of distribution.
(7) A school district may not use the portion of the State
School Fund grant that is attributable to the facility grant for
capital construction costs.
(8) The total amount of the State School Fund that is
distributed as facility grants may not exceed $25 million in any
biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall
prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
(9) Each fiscal year, the Department of Education shall
transfer the amount of $18 million from the State School Fund to
the High Cost Disabilities Account established in ORS 327.348.
(10) Each fiscal year, the Department of Education may expend
up to $550,000 from the State School Fund for the contract
described in ORS 329.488. The amount distributed to education
service districts from the State School Fund under this section
and ORS 327.019 shall be reduced by the amount expended by the
department under this subsection.
(11) Each biennium, the Department of Education may expend up
to $350,000 from the State School Fund to provide administration
of and support for the development of talented and gifted
education under ORS 343.404.
{ + (12) Each fiscal year, the Department of Education shall
distribute from the State School Fund to school districts for
each student identified as a talented and gifted child under ORS
343.391 to 343.413 an amount that equals:
(a) $300 per student if the school district has identified
fewer than 75 talented and gifted children in the school
district; or
(b) $250 per student if the school district has identified 75
or more talented and gifted children in the school district. + }
{ - (12) - } { + (13) + } Each biennium, the Department of
Education may expend up to $150,000 from the State School Fund
for the administration of a program to increase the number of
speech-language pathologists and speech-language pathology
assistants under ORS 348.394 to 348.406.
SECTION 2. { + The amendments to ORS 327.008 by section 1 of
this 2013 Act apply to State School Fund distributions commencing
with the 2013-2014 distributions. + }
SECTION 3. ORS 327.008, as amended by section 3, chapter 91,
Oregon Laws 2012, and section 1 of this 2013 Act, is amended to
read:
327.008. (1) There is established a State School Fund in the
General Fund. The fund shall consist of moneys appropriated by
the Legislative Assembly and moneys transferred from the
Education Stability Fund. The State School Fund is continuously
appropriated to the Department of Education for the purposes of
ORS 327.006 to 327.077, 327.095, 327.099, 327.101, 327.125,
327.137, 327.348, 336.575, 336.580, 336.635, 342.173, 343.243,
343.533 and 343.961.
(2) There shall be apportioned from the State School Fund to
each school district a State School Fund grant, consisting of the
positive amount equal to a general purpose grant and a facility
grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.011
and 327.013.
(3) There shall be apportioned from the State School Fund to
each education service district a State School Fund grant as
calculated under ORS 327.019.
(4) There shall be apportioned from the State School Fund the
amount to be transferred to the Regional Educational Services
Account as calculated under ORS 327.009.
(5) All figures used in the determination of the distribution
of the State School Fund shall be estimates for the same year as
the distribution occurs, unless otherwise specified.
(6) Numbers of students in average daily membership used in the
distribution formula shall be the numbers as of June of the year
of distribution.
(7) A school district may not use the portion of the State
School Fund grant that is attributable to the facility grant for
capital construction costs.
(8) The total amount of the State School Fund that is
distributed as facility grants may not exceed $25 million in any
biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall
prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
(9) Each fiscal year, the Department of Education shall
transfer the amount of $18 million from the State School Fund to
the High Cost Disabilities Account established in ORS 327.348.
(10) Each fiscal year, the Department of Education may expend
up to $550,000 from the State School Fund for the contract
described in ORS 329.488. The amount distributed to education
service districts from the State School Fund under this section
and ORS 327.019 shall be reduced by the amount expended by the
department under this subsection.
(11) Each biennium, the Department of Education may expend up
to $350,000 from the State School Fund to provide administration
of and support for the development of talented and gifted
education under ORS 343.404.
(12) Each fiscal year, the Department of Education shall
distribute from the State School Fund to school districts
{ + $375 + } for each student identified as a talented and
gifted child under ORS 343.391 to 343.413 { + . + } { - an
amount that equals: - }
{ - (a) $300 per student if the school district has
identified fewer than 75 talented and gifted children in the
school district; or - }
{ - (b) $250 per student if the school district has
identified 75 or more talented and gifted children in the school
district. - }
(13) Each biennium, the Department of Education may expend up
to $150,000 from the State School Fund for the administration of
a program to increase the number of speech-language pathologists
and speech-language pathology assistants under ORS 348.394 to
348.406.
SECTION 4. { + (1) The amendments to ORS 327.008 by section 3
of this 2013 Act become operative on July 1, 2015.
(2) The amendments to ORS 327.008 by section 3 of this 2013 Act
apply to State School Fund distributions commencing with the
2015-2016 distributions. + }
SECTION 5. ORS 327.008, as amended by section 3, chapter 91,
Oregon Laws 2012, and sections 1 and 3 of this 2013 Act, is
amended to read:
327.008. (1) There is established a State School Fund in the
General Fund. The fund shall consist of moneys appropriated by
the Legislative Assembly and moneys transferred from the
Education Stability Fund. The State School Fund is continuously
appropriated to the Department of Education for the purposes of
ORS 327.006 to 327.077, 327.095, 327.099, 327.101, 327.125,
327.137, 327.348, 336.575, 336.580, 336.635, 342.173, 343.243,
343.533 and 343.961.
(2) There shall be apportioned from the State School Fund to
each school district a State School Fund grant, consisting of the
positive amount equal to a general purpose grant and a facility
grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.011
and 327.013.
(3) There shall be apportioned from the State School Fund to
each education service district a State School Fund grant as
calculated under ORS 327.019.
(4) There shall be apportioned from the State School Fund the
amount to be transferred to the Regional Educational Services
Account as calculated under ORS 327.009.
(5) All figures used in the determination of the distribution
of the State School Fund shall be estimates for the same year as
the distribution occurs, unless otherwise specified.
(6) Numbers of students in average daily membership used in the
distribution formula shall be the numbers as of June of the year
of distribution.
(7) A school district may not use the portion of the State
School Fund grant that is attributable to the facility grant for
capital construction costs.
(8) The total amount of the State School Fund that is
distributed as facility grants may not exceed $25 million in any
biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall
prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
(9) Each fiscal year, the Department of Education shall
transfer the amount of $18 million from the State School Fund to
the High Cost Disabilities Account established in ORS 327.348.
(10) Each fiscal year, the Department of Education may expend
up to $550,000 from the State School Fund for the contract
described in ORS 329.488. The amount distributed to education
service districts from the State School Fund under this section
and ORS 327.019 shall be reduced by the amount expended by the
department under this subsection.
(11) Each biennium, the Department of Education may expend up
to $350,000 from the State School Fund to provide administration
of and support for the development of talented and gifted
education under ORS 343.404.
(12) Each fiscal year, the Department of Education shall
distribute from the State School Fund to school districts
{ - $375 - } { + $500 + } for each student identified as a
talented and gifted child under ORS 343.391 to 343.413.
(13) Each biennium, the Department of Education may expend up
to $150,000 from the State School Fund for the administration of
a program to increase the number of speech-language pathologists
and speech-language pathology assistants under ORS 348.394 to
348.406.
SECTION 6. { + (1) The amendments to ORS 327.008 by section 5
of this 2013 Act become operative on July 1, 2017.
(2) The amendments to ORS 327.008 by section 5 of this 2013 Act
apply to State School Fund distributions commencing with the
2017-2018 distributions. + }
SECTION 7. ORS 327.023 is amended to read:
327.023. In addition to those moneys distributed through the
State School Fund, the Department of Education shall provide from
state funds appropriated therefor, grants in aid or support for
special and compensatory education programs including:
(1) The Oregon School for the Deaf.
(2) Medicaid match for administration efforts to secure
Medicaid funds for services provided to children with
disabilities.
(3) Hospital programs for education services to children who
are hospitalized for extended periods of time or who require
hospitalization due to severe disabilities as described in ORS
343.261.
(4) Day treatment programs and residential treatment programs
for education services to children who are placed by the state in
long term care or treatment facilities as described in ORS
343.961.
(5) Regional services provided to children with low-incidence
disabling conditions as described in ORS 343.236.
(6) Early childhood special education provided to preschool
children with disabilities from age three until age of
eligibility for kindergarten as described in ORS 339.185,
343.035, 343.041, 343.055, 343.065, 343.157 and 343.455 to
343.534.
(7) Early intervention services for preschool children from
birth until age three as described in ORS 339.185, 343.035,
343.041, 343.055, 343.065, 343.157 and 343.455 to 343.534.
(8) Evaluation services for children with disabilities to
determine program eligibility and needs as described in ORS
343.146.
(9) Education services to children residing at state hospitals.
(10) Disadvantaged children program under ORS 343.680.
(11) Early childhood education under ORS 329.235.
(12) Child development specialist program under ORS 329.255.
(13) Youth care centers under ORS 420.885.
(14) Staff development and mentoring.
(15) Career and technical education grants.
(16) Special science education programs.
{ - (17) Talented and Gifted children program under ORS
343.391 to 343.413. - }
SECTION 8. ORS 343.395 is amended to read:
343.395. As used in ORS 343.391 to 343.413, unless the context
requires otherwise:
{ - (1) 'Application' means a request for state funds that is
submitted by a school district under ORS 343.399 to develop and
operate programs for students under a written plan of instruction
for talented and gifted children described in ORS 343.397. - }
{ - (2) - } { + (1) + } 'Identification' means the formal
process of screening and selecting talented and gifted children
according to administrative rules established by the
{ + State + } Board { + of Education + }.
{ - (3) - } { + (2) + } 'School district' has the meaning
given that term in ORS 330.005 (2). 'School district' includes,
where appropriate, an education service district, state operated
schools or programs or a consortium of school districts
{ - submitting a joint application - } .
{ - (4) - } { + (3) + } 'Talented and gifted children'
means those children who require special educational programs or
services, or both, beyond those normally provided by the regular
school program in order to realize their contribution to self and
society and who demonstrate outstanding ability or potential in
one or more of the following areas:
(a) General intellectual ability as commonly measured by
measures of intelligence and aptitude.
(b) Unusual academic ability in one or more academic areas.
(c) Creative ability in using original or nontraditional
methods in thinking and producing.
(d) Leadership ability in motivating the performance of others
either in educational or noneducational settings.
(e) Ability in the visual or performing arts, such as dance,
music or art.
SECTION 9. ORS 343.396 is amended to read:
343.396. It is legislative policy that { - , when - } { + :
(1) + } Talented and gifted programs { - are offered, the
programs - } should be provided by common or union high school
districts, combinations of { - such - } { + common or union
high + } { + school + } districts or education service
districts, in accordance with ORS 334.175 { - , and that - }
{ + ; and
(2) + } The state will provide financial and technical support
to the districts to implement the education programs within the
limits of available funds.
SECTION 10. ORS 343.397 is amended to read:
343.397. { + (1) + } { - A school district shall submit to
the Superintendent of Public Instruction - } { + Each school
district must develop + } a written plan of instruction for
talented and gifted children. The plan shall include, but not be
limited to:
{ - (1) - } { + (a) + } A statement of school district
policy on the education of talented and gifted children;
{ - (2) - } { + (b) + } An assessment of current special
programs and services provided by the district for talented and
gifted children;
{ - (3) - } { + (c) + } A statement of district goals for
providing comprehensive special programs and services and over
what span of time the goals will be achieved;
{ - (4) - } { + (d) + } A description of the nature of the
special programs and services { - which - } { + that + } will
be provided to accomplish the goals; and
{ - (5) - } { + (e) + } A plan for evaluating progress on
the district plan { + , + } including each component program and
service.
{ + (2) The State Board of Education may adopt by rule
standards that a district must implement through a plan developed
under subsection (1) of this section. The standards may involve
identification procedures, student assessments and evaluative
procedures.
(3) Districts shall account for amounts expended for the
instruction of talented and gifted children on a form acceptable
to the Department of Education, as described in rules adopted by
the board. + }
SECTION 11. ORS 343.411 is amended to read:
343.411. (1) ORS 343.407 and 343.409 apply to the
identification of and provision of special educational programs
and services for children described in ORS 343.395
{ - (4)(a) - } { + (3)(a) + } and (b) and rules adopted by the
State Board of Education.
(2) School districts may identify and provide special
educational programs and services for children who demonstrate
creative abilities, leadership abilities or unusual abilities in
the visual or performing arts as described in ORS 343.395
{ - (4)(c) - } { + (3)(c) + }, (d) and (e) and rules adopted
by the board.
(3) The board shall adopt state guidelines for the
identification and provision of special educational programs and
services described in subsection (2) of this section.
SECTION 12. { + ORS 343.399 and 343.401 are repealed. + }
SECTION 13. { + The amendments to ORS 327.023, 343.395,
343.396 and 343.397 by sections 7 to 10 of this 2013 Act and the
repeal of ORS 343.399 and 343.401 by section 12 of this 2013 Act
first apply to the 2013-2014 school year. + }
SECTION 14. { + 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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