Bill Text: OR HB3397 | 2011 | Regular Session | Introduced
Bill Title: Relating to financing of public charter schools; declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3397 Detail]
Download: Oregon-2011-HB3397-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 2205
House Bill 3397
Sponsored by Representative KOMP; Representative SPRENGER,
Senators MORSE, VERGER
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 school districts to pay to public charter school
amount per public charter school's ADMw that is at least equal to
95 percent of amount of school district's General Purpose Grant
per ADMw and at least 95 percent of amounts received by school
district from certain federal and state sources.
Declares emergency, effective July 1, 2011.
A BILL FOR AN ACT
Relating to financing of public charter schools; creating new
provisions; amending ORS 327.297, 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) 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.
(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 - } { + 95 + } 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 and 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 - } { + 95 + } 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 subsections (2) or (3) of this section
to: - }
{ - (a) 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;
or - }
{ - (b) The Department of Education if the State Board of
Education is the sponsor of the public charter school. - }
{ - (6) The department may use any money received under this
section for activities related to public charter schools. - }
{ + (5) In addition to payments received by a public charter
school under subsection (2) or (3) of this section, the public
charter school shall receive other state or federal moneys
received by a school district as follows:
(a) If the state or federal moneys are distributed to the
schools of the school district based on calculations involving
the number of students enrolled at a school or based on the
characteristics of the students of a school, at least 95 percent
of the total amount calculated to be due to the public charter
school shall be distributed to the public charter school.
(b) If the state or federal moneys are received by the school
district for a specific public charter school or for the public
charter schools of the school district, at least 95 percent of
the total amount received by the school district for those
purposes shall be distributed to the specific public charter
school or to the public charter schools.
(6) If a school district retains any moneys under this section,
all moneys retained must used for administrative costs incurred
by the school district in relation 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 { + or after receiving moneys pursuant
to subsection (5) of this section + }.
(9)(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. 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) The Department of Education shall evaluate the annual
progress of each recipient of grant funds under this section
toward the performance targets established by the Quality
Education Commission. The evaluation shall become part of the
requirements of the department for assessing the effectiveness of
the district under ORS 329.085, 329.095 and 329.105. The
department shall ensure district and program accountability by
providing appropriate assistance, intervening and establishing
consequences in order to support progress toward the performance
targets.
(4) Each biennium the Department of Education shall issue a
report to the Legislative Assembly on the grant program and the
results of the grant program.
(5)(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 { + for a public
charter school + } under this section { - may - }
{ + shall + } transfer { - a portion - } { + at least 95
percent + } of the grant to { - a - } { + the + } 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.
(6)(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 (3);
(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 component school districts of the education service district.
(7) 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.
(8) The State Board of Education may adopt any rules necessary
for the administration of the grant program.
SECTION 3. { + The amendments to ORS 327.297 and 338.155 by
sections 1 and 2 of this 2011 Act apply to State School Fund
distributions and other distributions of moneys to school
districts commencing with the 2011-2012 distributions. + }
SECTION 4. 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) - } { + (2) or (3) + } or 338.165 (3)(b).
SECTION 5. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect July 1,
2011. + }
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