Bill Text: OR HB2956 | 2013 | Regular Session | Introduced
Bill Title: Relating to funding for education of students in treatment programs; declaring an emergency.
Sponsorship: Slight Partisan Bill (Democrat 3-1)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2956 Detail]
Download: Oregon-2013-HB2956-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 1003
House Bill 2956
Sponsored by Representative KOMP; Representatives KENY-GUYER,
SPRENGER
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.
Alters method by which moneys are distributed to school
districts for purpose of paying for costs of education of
students in eligible day treatment programs and eligible
residential treatment programs.
Declares emergency, effective July 1, 2013.
A BILL FOR AN ACT
Relating to funding for education of students in treatment
programs; creating new provisions; amending ORS 343.243 and
343.961; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 343.961 is amended to read:
343.961. (1) As used in this section:
(a) 'Day treatment program' means a public or private program
that provides treatment of children with a mental illness, an
emotional disturbance or another mental health issue.
(b) 'Eligible day treatment program' means a day treatment
program with which the Oregon Health Authority contracts for long
term care or treatment. 'Eligible day treatment program' does not
include residential treatment programs or programs that provide
care or treatment to juveniles who are in detention facilities.
(c) 'Eligible residential treatment program' means a
residential treatment program with which the Oregon Health
Authority, the Department of Human Services or the Oregon Youth
Authority contracts for long term care or treatment. 'Eligible
residential treatment program' does not include psychiatric day
treatment programs or programs that provide care or treatment to
juveniles who are in detention facilities.
(d) 'Residential treatment program' means a public or private
residential program that provides treatment of children with a
mental illness, an emotional disturbance or another mental health
issue.
(e) 'Student' means a child who is placed in an eligible day
treatment program or eligible residential treatment program by a
public or private entity or by the child's parent.
(2) { + (a) + } The Department of Education shall be
responsible for payment of the costs of education of students in
eligible day treatment programs and eligible residential
treatment programs by contracting with the school district in
which the eligible day treatment program or eligible residential
treatment program is located. The costs of education do not
include transportation, care, treatment or medical expenses.
{ + (b) The department shall pay the costs of education of
students in eligible day treatment programs and eligible
residential treatment programs by distributing moneys to the
school districts with which the department has contracts as
described in paragraph (a) of this subsection. The amount
distributed to a school district = the funding percentage
calculated by the Superintendent of Public Instruction under ORS
327.013 (1)(a) X $4,500 X 3.0 X the total utilization rate count
for an individual program provider.
(c) For the purposes of the calculation described in paragraph
(b) of this subsection, the total utilization rate count for an
individual program provider shall be determined by the department
pursuant to rules adopted by the State Board of Education based
on information received from the Oregon Health Authority, the
Department of Human Services, the Oregon Youth Authority and
eligible day treatment programs and eligible residential
treatment programs. + }
(3)(a) The school district in which an eligible day treatment
program or eligible residential treatment program is located is
responsible for providing the education of a student, including
the identification, location and evaluation of the student for
the purpose of determining the student's eligibility to receive
special education and related services.
(b) A school district that is responsible for providing an
education under this subsection may provide the education:
(A) Directly or through another school district or an education
service district; and
(B) In the facilities of an eligible day treatment program or
eligible residential treatment program, the facilities of a
school district or the facilities of an education service
district.
(c) When a student is no longer in an eligible day treatment
program or eligible residential treatment program, the
responsibilities imposed by this subsection terminate and become
the responsibilities of the school district where the student is
a resident, as determined under ORS 339.133 and 339.134.
(4) A school district may request the Department of Education
to combine several eligible day treatment programs or eligible
residential treatment programs into one contract with another
school district or an education service district.
(5) The Oregon Health Authority, the Department of Human
Services or the Oregon Youth Authority shall give the school
district providing the education at an eligible day treatment
program or an eligible residential treatment program 14 days'
notice, to the extent practicable, before a student is dismissed
from the program.
(6) The Department of Education may make advances to school
districts responsible for providing an education to students
under this section from funds appropriated for that purpose
{ - based on the estimated agreed cost of educating the students
per school year - } . Advances equal to 25 percent of the
estimated cost may be made on September 1, December 1 and March 1
of the current year. The balance may be paid whenever the full
determination of cost is made.
(7) School districts that provide the education described in
this section on a year-round plan may apply for 25 percent of the
funds appropriated for that purpose on July 1, October 1, January
1, and 15 percent on April 1. The balance may be paid whenever
the full determination of cost is made.
(8) In addition to the payment methods described in this
section, the Department of Education may:
(a) Negotiate interagency agreements to pay for the cost of
education in day treatment programs and residential treatment
programs operated under the auspices of the State Board of Higher
Education; and
(b) Negotiate intergovernmental agreements to pay for the cost
of education in day treatment programs and residential treatment
programs operated under the auspices of the Oregon Health and
Science University Board of Directors.
SECTION 2. ORS 343.243 is amended to read:
343.243. (1) Each school year, the Department of Education
shall receive an amount, as calculated under this section, from
the State School Fund to pay the costs of educating children in
programs under ORS 343.261, 343.961 and 346.010.
(2) To meet the requirements of ORS 343.261, the department
shall receive from the State School Fund an amount that is equal
to the product of the following:
(a) The average net operating expenditure per student of all
school districts during the preceding school year; and
(b) The number of slots available for students in the hospital
programs under ORS 343.261, as determined by the department for
the school year.
{ - (3) To meet the requirements of ORS 343.961, the
department shall receive from the State School Fund an amount
that is equal to the product of the following: - }
{ - (a) The average net operating expenditure per student of
all school districts during the preceding school year; and - }
{ - (b) The number of slots available for all students in
eligible day treatment programs and eligible residential
treatment programs under ORS 343.961 for the school year, as
determined by the Department of Education based on information
received from the Department of Human Services, the Oregon Health
Authority, the Oregon Youth Authority and eligible day treatment
programs and eligible residential treatment programs. - }
{ + (3) To meet the requirements of ORS 343.961, the
department shall receive from the State School Fund an amount
that is equal to the sum of all amounts distributed to school
districts as provided by ORS 343.961 (2)(b) plus an amount to be
annually retained by the department for emergencies. For the
purpose of this subsection:
(a) The amount retained annually for emergencies may not exceed
five percent of the sum of all amounts distributed to school
districts as provided by ORS 343.961 (2)(b).
(b) The department may expend moneys retained for emergencies
in compliance with rules adopted by the State Board of Education.
(c) The department may retain moneys for emergencies from year
to year, but the total amount of moneys retained for emergencies
may not exceed the total amount described in paragraph (a) of
this subsection for the previous fiscal year. + }
(4) To meet the requirements of ORS 346.010, the Department of
Education shall receive from the State School Fund an amount that
is equal to the product of the following:
(a) The average net operating expenditure per student of all
school districts during the preceding school year; and
(b) The resident average daily membership of students enrolled
in a program under ORS 346.010 for one-half of the school day or
more, exclusive of preschool children covered by ORS 343.533.
(5) The children covered by this section shall be enumerated in
the average daily membership of the district providing the
instruction but the district may not accrue credit for days'
attendance of such children for the purpose of distributing state
school funds.
(6) The liability of a district shall not exceed the amount
established under this section even if the child is otherwise
subject to ORS 336.575 and 336.580.
(7) The department shall credit amounts received from the State
School Fund under this section to the appropriate subaccount in
the Special Education Account.
SECTION 3. { + The amendments to ORS 343.243 and 343.961 by
sections 1 and 2 of this 2013 Act apply to State School Fund
distributions commencing with the 2013-2014 distributions. + }
SECTION 4. { + 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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