Bill Text: OR HB2880 | 2013 | Regular Session | Introduced
Bill Title: Relating to public charter school financing; declaring an emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2880 Detail]
Download: Oregon-2013-HB2880-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 442
House Bill 2880
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 that certain grants and distributions of moneys must
be awarded directly to public charter school or must be
transferred to public charter school in amount equal to general
purpose grant distribution percentage or based on other
agreement.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to public charter school financing; creating new
provisions; amending ORS 327.297, 327.731 and 338.155; 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 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) 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) 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) 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) of this
section.
(8) 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.
(9)(a) A public charter school may apply for any grant { + or
other distribution of moneys + } 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. - }
{ + (b) Any grant or other distribution of moneys that is
made available under state law to a school district based on the
weighted average daily membership (ADMw) of the school district
shall be awarded directly to a public charter school. This
paragraph does not apply to:
(A) Grants distributed through the State School Fund;
(B) Grants from the School Capital Construction, Maintenance
and Technology Fund;
(C) Grants made under the School District Collaboration Grant
Program; or
(D) Grants awarded from the School Technology Account. + }
SECTION 2. 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), 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 - } { + must + } transfer a portion of the grant to a
public charter school { - based on - } { + equal to the
percentage for the distribution of the general purpose grant as
identified in + }the charter of the school or { + based on + }
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 - } { + must + } 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 3. 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), 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 - } { + must + } transfer a portion of the grant to a
public charter school { - based on - } { + equal to the
percentage for the distribution of the general purpose grant as
identified in + } the charter of the school or { + based on + }
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 - } { + must + } 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 327.731 is amended to read:
327.731. (1) Subject to rules of the State Board of Education,
the Superintendent of Public Instruction shall distribute a share
of moneys in the School Capital Construction, Maintenance and
Technology Fund to school districts as education project grants.
The education project grants shall be distributed in one payment
each distribution year. The education project grants shall be
used for any state education project, as defined in ORS 327.700.
(2) Each school district's education project grant = the
district's extended ADMw for the distribution year X (the total
amount available for the grants in each distribution year : the
total statewide extended ADMw in the distribution year).
(3) { + (a) + } Each school district shall deposit the amounts
it receives as an education project grant in a separate account
{ - , and shall - } { + .
(b) For each public charter school located in the school
district, the school district shall transfer a portion of the
grant to the public charter school and the public charter school
shall deposit the amounts it receives in a separate account. The
amount of the portion transferred does not need to be based on
the percentage for the distribution of the general purpose grant
but must be based on an agreement between the school district and
the public charter school. The agreement may specify that the
moneys received by the public charter school under this paragraph
may be used only for state education projects that involve
instructional training.
(c) A school district or public charter school that receives
and deposits moneys as described in this subsection shall:
(A) + } Apply amounts in that account to pay for costs of state
education projects { - or shall - } { + ; or
(B) + } Hold amounts in that account in reserve and apply them
to pay costs of future state education projects.
(4) School districts { + and public charter schools + }
receiving education project grants from the School Capital
Construction, Maintenance and Technology Fund shall, if so
directed by the Oregon Department of Administrative Services,
take any action specified by the Oregon Department of
Administrative Services that is necessary to maintain the
excludability of lottery bond interest from gross income under
the United States Internal Revenue Code.
SECTION 5. { + The amendments to ORS 327.297, 327.731 and
338.155 by sections 1 to 4 of this 2013 Act apply to grants or
distributions made on or after the effective date of this 2013
Act. + }
SECTION 6. { + 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 on its
passage. + }
----------
