Bill Text: OR HB2889 | 2013 | Regular Session | Introduced
Bill Title: Relating to the Juvenile Detention Education Program; declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2889 Detail]
Download: Oregon-2013-HB2889-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 1453
House Bill 2889
Sponsored by Representative KOMP; Representative HUFFMAN,
Senators KRUSE, MONROE
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.
Revises method by which State School Fund grants for Juvenile
Detention Education Program are calculated. Provides that
students in youth care center within detention facility are to be
treated similarly to students in Juvenile Detention Education
Program.
Declares emergency, effective July 1, 2013.
A BILL FOR AN ACT
Relating to the Juvenile Detention Education Program; creating
new provisions; amending ORS 326.695, 327.023, 327.026,
327.297, 336.580 and 339.137; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 327.026 is amended to read:
327.026. (1) In order to accomplish the purpose described in
ORS 326.700, the State Board of Education shall adopt by rule
definitions and procedures to be applied to the computation of
the State School Fund allocations where necessary to make
students enrolled in the Youth Corrections Education Program, as
defined in ORS 326.695, and the Juvenile Detention Education
Program, as defined in ORS 326.695, equivalent to students
enrolled in common and union high school districts for purposes
of distribution of the fund.
(2)(a) The Youth Corrections Education Program shall { - be
entitled to - } receive from the State School Fund for each
school year a special State School Fund grant, consisting of a
general purpose grant that is equal to the Youth Corrections
Education Program ADM multiplied by 2.0 multiplied by the
additional per student weight, as calculated in ORS 327.013
(1)(c)(A)(i), multiplied by Funding Percentage and further
multiplied by Statewide Target per ADMw Grant.
(b) Notwithstanding paragraph (a) of this subsection, the Youth
Corrections Education Program may not receive moneys under this
section from the State School Fund for any youth in the program
who:
(A) Has received a high school diploma; or
(B) Is 21 years of age or older.
(3) The Juvenile Detention Education Program shall { - be
entitled to - } receive from the State School Fund for each
school year a special State School Fund grant, consisting of a
general purpose grant that is equal to the Juvenile Detention
Education Program { - ADM multiplied by 1.5 - } { + extended
ADMw + } multiplied by Funding Percentage and further multiplied
by Statewide Target per ADMw Grant. { + For the purpose of the
calculation made under this subsection:
(a) ADMw equals ADM multiplied by 2.0 multiplied by the
additional per student weight as calculated under ORS 327.013
(1)(c)(A)(i).
(b) Extended ADMw equals ADMw or ADMw of the prior year,
whichever is greater. + }
(4) Funds allocated to the Youth Corrections Education Program
and the Juvenile Detention Education Program from the State
School Fund shall remain with the Department of Education and
shall be adjusted in the year following the distribution to
reflect the actual ADMw of students in the Youth Corrections
Education Program and the Juvenile Detention Education Program in
the same manner as for the school districts under ORS 327.101.
SECTION 2. { + The amendments to ORS 327.026 by section 1 of
this 2013 Act apply to State School Fund distributions commencing
with the 2013-2014 distribution. + }
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), 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 transfer a portion of the grant to a public charter school
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 - } { + calculated under ORS 327.026 + };
(C) For the Juvenile Detention Education Program, the { +
extended weighted + } average daily membership { - as defined
in ORS 327.006 multiplied by 1.5 - } { + calculated under ORS
327.026 + }; 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), 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 transfer a portion of the grant to a public charter school
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 - } { + calculated under ORS 327.026 + };
(C) For the Juvenile Detention Education Program, the { +
extended weighted + } average daily membership { - as defined
in ORS 327.006 multiplied by 1.5 - } { + calculated under ORS
327.026 + }; 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. { + The amendments to ORS 327.297 by sections 3 and
4 of this 2013 Act apply to grants first awarded for the
2013-2014 school year. + }
SECTION 6. ORS 326.695 is amended to read:
326.695. As used in ORS 326.700 and 326.712:
(1) 'Juvenile Detention Education Program' means the provision
of educational services to { + :
(a) Youths placed in a youth care center, as defined in ORS
420.855, that is within a detention facility, as defined in ORS
419A.004; and
(b) + } Youths lodged overnight who receive educational
services on consecutive days within a detention facility, as
defined in ORS 419A.004.
(2) 'Youth Corrections Education Program' means the provision
of educational services to youths in youth correction facilities,
as defined in ORS 420.005.
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 { + that are not
within a detention facility, as defined in ORS 419A.004 + }.
(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. { + The amendments to ORS 327.023 by section 7 of
this 2013 Act apply to grants distributed on or after July 1,
2013. + }
SECTION 9. ORS 336.580 is amended to read:
336.580. (1) Every child at a youth care center, as defined in
ORS 420.855, is entitled to receive appropriate education suited
to the needs of the child in the least restrictive environment in
which the child can function until the child is no longer of
compulsory school age or receives a high school diploma or an
equivalent.
(2) { + (a) Except as provided by paragraph (b) of this
subsection, + } the school district in which the youth care
center is located shall develop an educational plan for the
children in the youth care center in consultation with the
director of the center. The plan shall be approved annually by
the school district board.
{ + (b) For children placed at a youth care center within a
detention facility, as defined in ORS 419A.004, the children
shall be treated as students placed in the Juvenile Detention
Education Program as described in ORS 326.695. + }
(3) The Superintendent of Public Instruction shall have the
authority to enforce the provisions of ORS 336.575 and 339.137
and this section. If a district fails to comply, the
superintendent shall find the district deficient and shall apply
the penalty provided in ORS 327.103.
(4) The State Board of Education shall adopt rules to implement
this section.
SECTION 10. ORS 339.137 is amended to read:
339.137. (1) { + Except for students described in ORS 336.580
(2)(b), + } a student described in ORS 336.580 shall be
considered a resident of the school district in which the student
resides by reason of the placement under ORS 336.580 for purposes
of distribution of the State School Fund.
{ + (2) For students described in ORS 336.580 (2)(b), the
students shall be treated as students placed in the Juvenile
Detention Education Program as described in ORS 326.695. + }
{ - (2) - } { + (3) + } A student described in subsection
(1) of this section must be admitted to the public schools of the
school district where the student is placed pursuant to ORS
336.580.
{ - (3) - } { + (4) + } Except as provided in ORS 343.261,
343.961 and 346.010, the school district shall provide or cause
to be provided appropriate education to any student described in
subsection (1) of this section, including the identification and
evaluation of the student for purposes of determining eligibility
as a child with a disability to receive special education and
related services enumerated in ORS 343.035 and services related
to a disadvantaged child as defined in ORS 343.650. Suspension or
expulsion of a student from the regular school program does not
relieve the district of the obligation to provide instruction in
the residential program in which the child resides or in another
appropriate facility.
SECTION 11. { + 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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