Bill Text: OR HB3599 | 2011 | Regular Session | Introduced
Bill Title: Relating to education of students in day treatment programs; declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3599 Detail]
Download: Oregon-2011-HB3599-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 3903
House Bill 3599
Sponsored by Representative KOMP
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 Department of Education to be responsible for payment
of costs of education of students in day treatment programs by
contracting with school district in which program is located.
Directs school district in which day treatment program is located
to ensure education is provided to student in program.
Declares emergency, effective July 1, 2011.
A BILL FOR AN ACT
Relating to education of students in day treatment programs;
creating new provisions; amending ORS 326.575, 327.023, 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) The Department of Education shall be
responsible for payment of the cost of the education in programs
with which the Oregon Health Authority or Oregon Youth Authority
contracts for long-term care or treatment. Programs eligible for
such education shall be in accordance with criteria adopted by
rule by the State Board of Education. - }
{ - (2) The Department of Education shall be responsible for
payment of the costs of such education by contract with the
school district, excluding transportation, care, treatment and
medical expenses. The resident district shall provide
transportation to pupils enrolled in programs under ORS 430.715
who live at home but require day treatment. The payments may be
made to the school district or, at the discretion of the school
district, to the district providing the education, as set forth
in subsection (3) of this section, from the funds appropriated
for the purpose. - }
{ - (3) The school district in which the agency is located is
responsible for providing the education directly or through an
adjacent school district or through the education service
district in which the program is located or one contiguous
thereto. The instruction may be given in facilities of such
districts or in facilities provided by such agency. - }
{ + (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) 'Student' means a child who is placed in an eligible day
treatment program by a public or private entity or by the child's
parent.
(2) The Department of Education shall be responsible for
payment of the costs of education of students in eligible day
treatment programs by contracting with the school district in
which the eligible day treatment program is located. The costs of
education do not include transportation, care, treatment or
medical expenses.
(3)(a) The school district in which an eligible day 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, a
school district or an education service district.
(c) When a student is no longer in an eligible day 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) { - The - } { + A + } school district may request the
Department of Education to combine several { - private agency
school - } { + eligible day treatment + } programs into one
contract with { - a school district, an adjacent school
district - } { + another school district + } or an education
service district.
(5) The { - Oregon Youth Authority - } { + Oregon Health
Authority + } shall give the school district providing the
education at { - a - } { + an eligible day + } treatment
program 14 days' notice before a student is dismissed from the
{ - treatment - } program.
(6) The Department of Education may make advances to { - such
school district - } { + school districts responsible for
providing an education to students under this section + } from
funds appropriated
{ - therefor - } { + for that purpose + } based on the
estimated agreed cost of educating the { - pupils - }
{ + students + } per school year. Advances equal to 25 percent
of { - such - } { + 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 { - which - } { + that + } provide the
education described in this section on a year-round plan may
apply for 25 percent of the funds appropriated { - therefor - }
{ + 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 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 operated under
the auspices of the Oregon Health and Science University Board of
Directors.
SECTION 2. { + The amendments to ORS 343.961 by section 1 of
this 2011 Act first apply to the 2011-2012 school year. + }
SECTION 3. 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 students in
long-term care and treatment programs under ORS 343.961, as
reported to the Department of Education by the Department of
Human Services and the Oregon Youth Authority for the school
year. - }
{ + (b) The number of slots available for all students in
eligible day 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. + }
(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 4. ORS 326.575 is amended to read:
326.575. (1) Within 10 days of a student's seeking initial
enrollment in a public or private school or when a student is
placed in a state institution, other than an institution of
post-secondary education, or a { - private agency - } { + day
treatment program + }, detention facility or youth care center,
the school, institution, { - agency - } { + program + },
facility or center shall notify the public or private school or
the institution, { - agency - } { + program + }, facility or
center in which the student was formerly enrolled and shall
request the student's education records.
(2) Subject to ORS 339.260, any public or private school, state
institution, { - private agency - } { + day treatment
program + }, detention facility or youth care center receiving
the request described in subsection (1) of this section shall
transfer all student education records relating to the particular
student to the requesting school, institution, { - agency - }
{ + program + }, facility or center no later than 10 days after
the receipt of the request. The education records shall include
any education records relating to the particular student retained
by an education service district.
(3) Notwithstanding subsections (1) and (2) of this section,
for students who are in substitute care programs:
(a) A school, institution, { - agency - } { + program + },
facility or center shall notify the school, institution,
{ - agency - } { + program + }, facility or center in which
the student was formerly enrolled and shall request the student's
education records within five days of the student seeking initial
enrollment; and
(b) Any school, institution, { - agency - } { +
program + }, facility or center receiving a request for a
student's education records shall transfer all student education
records relating to the particular student to the requesting
school, institution, { - agency - } { + program + }, facility
or center no later than five days after the receipt of the
request.
(4) Each educational institution that has custody of the
student's education records shall annually notify parents and
eligible students of their right to review and propose amendments
to the records. The State Board of Education shall specify by
rule the procedure for reviewing and proposing amendments to a
student's education records. If a parent's or eligible student's
proposed amendments to a student's education records are rejected
by the educational institution, the parent or eligible student
shall receive a hearing on the matter. The State Board of
Education shall specify by rule the procedure for the hearing.
(5) As used in this section:
{ + (a) 'Day treatment program' means a program described in
ORS 343.961. + }
{ - (a) - } { + (b) + } 'Detention facility' has the
meaning given that term in ORS 419A.004.
{ - (b) - } { + (c) + } 'Educational institution' means a
public or private school, education service district, state
institution,
{ - private agency - } { + day treatment program + } or youth
care center.
{ - (c) 'Private agency' means an agency with which the
Department of Education contracts under ORS 343.961. - }
(d) 'Substitute care program' has the meaning given that term
in ORS 339.133.
(e) 'Youth care center' means a center as defined in ORS
420.855.
SECTION 5. 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) { - Private agency programs - } { + Day 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 329.228 and 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 6. { + 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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