Bill Text: OR HB4014 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to education; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2012-04-11 - Chapter 91, (2012 Laws): Effective date April 11, 2012. [HB4014 Detail]

Download: Oregon-2012-HB4014-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 253

                         House Bill 4014

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Education)

                             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.

  Abolishes District Best Business Practices Advisory Committee
and authority to conduct best business practices audits.
  Removes requirement that school districts collect data related
to physical education and that Department of Education report on
data to Legislative Assembly.
  Removes requirement that school district boards determine
whether school district is in compliance with food standards and
report results to Department of Education.
  Removes requirement that State Board of Education attempt to
mediate resolution between school district board and applicant
for public charter school.
  Allows school districts to adopt or use textbooks or other
instructional materials in place of or in addition to those
adopted by State Board of Education without giving prior notice
to State Board of Education.
  Removes requirement for observations of Arbor Week, History of
Oregon Statehood Week and Women in History Week.
  Removes requirement that Department of Education report to
Legislative Assembly on implementation of courses on family life,
human immunodeficiency virus and human sexuality.
  Removes requirement that school districts provide instructional
materials on explicit phonics.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to education; amending ORS 297.210, 327.008, 336.423,
  337.120, 337.141 and 338.075; repealing ORS 326.131, 326.133,
  326.136, 329.498, 329.499, 336.015, 336.023, 336.025, 336.475
  and 337.275; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 297.210 is amended to read:
  297.210. (1)(a) The Secretary of State, as State Auditor, shall
have the accounts and financial affairs of state departments,
boards, commissions, institutions and state-aided institutions
and agencies of the state reviewed or audited as the Secretary of
State considers advisable or necessary.
  (b) The Secretary of State, as State Auditor, may conduct
performance audits of school districts and education service
districts. For audits conducted under this paragraph:

  (A) The Secretary of State shall identify by rule factors and
standards by which the secretary will determine whether to
initiate an audit as authorized under this paragraph or to enter
into a contract with the Department of Education to conduct an
audit as provided by ORS 327.141.
  (B) Prior to initiating an audit, the Secretary of State shall:
  (i) Give notice to the school district or the education service
district of the secretary's intent to initiate the audit; and
  (ii) Provide the school district or the education service
district with the opportunity to provide to the secretary any
information related to the subject of the audit.
  (C) Following the review of any information provided under
subparagraph (B) of this paragraph, the Secretary of State may:
  (i) Decline to proceed with the audit; or
  (ii) Cause the audit to be conducted.
  (D) The Secretary of State may charge a school district or an
education service district for a portion of the costs incurred
for an audit authorized by this paragraph. Amounts charged as
provided by this subparagraph shall be in lieu of any amounts
that may be charged as provided by ORS 297.230.
    { - (c) The Secretary of State, as State Auditor, may conduct
audits of the business practices of school districts and
education service districts pursuant to a contract with the
Department of Education authorized by ORS 326.133. - }
    { - (d) - }   { + (c) + } The Secretary of State, as State
Auditor, may conduct audits of the use of fund transfers from the
state to counties, including but not limited to transfers of
video lottery revenues, state highway funds, cigarette tax
revenues and Oregon Liquor Control Commission funds.
    { - (e) - }   { + (d) + } The Secretary of State may subpoena
witnesses, require the production of books and papers and
rendering of reports in such manner and form as the Secretary of
State requires and may do all things necessary to secure a full
and thorough investigation.
    { - (f) - }   { + (e) + } The Secretary of State shall
report, in writing, to the Governor. The report shall include a
copy of the report on each audit.
    { - (g) - }   { + (f) + } In addition to the report described
in paragraph
  { - (f) - }   { + (e) + } of this subsection, the Secretary of
State shall provide a report to a school district board or the
board of directors of an education service district following an
audit conducted as provided by paragraph (b) of this subsection.
  (2) The Secretary of State may audit or review any institution
or department of the state government at any time the executive
head of the institution or department, for any reason, retires
from the head's office or position. The secretary need not
conduct an audit or review under this subsection if:
  (a) The institution or department has been the subject of an
audit or review of financial controls within the six months
immediately preceding the retirement of the executive head of the
institution or department; or
  (b) The secretary has not received a report within the 12
months immediately preceding the retirement of the executive head
of the institution or department indicating that the executive
head of the institution or department was unable or unwilling to
follow state law, rules, policies or procedures.
  (3) The Secretary of State shall employ auditors upon such
terms and for such compensation as the Secretary of State
determines are advantageous and advisable.
  (4) If a person fails to comply with any subpoena issued under
subsection (1) of this section, a judge of the circuit court of
any county, on application of the Secretary of State, shall
compel obedience by proceedings for contempt as in the case of
disobedience of the requirements of a subpoena issued from the
circuit court.
  SECTION 2. ORS 327.008, as operative until June 30, 2012, is
amended to read:
  327.008. (1) There is established a State School Fund in the
General Fund. The fund shall consist of moneys appropriated by
the Legislative Assembly and moneys transferred from the
Education Stability Fund. The State School Fund is continuously
appropriated to the Department of Education for the purposes of
ORS 327.006 to 327.077, 327.095, 327.099, 327.101, 327.125,
327.137, 327.348, 327.355, 327.357, 327.360, 336.575, 336.580,
336.635, 342.173, 343.243, 343.533 and 343.961.
  (2) There shall be apportioned from the State School Fund to
each school district a State School Fund grant, consisting of the
positive amount equal to a general purpose grant and a facility
grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.011
and 327.013.
  (3) There shall be apportioned from the State School Fund to
each education service district a State School Fund grant as
calculated under ORS 327.019.
  (4) There shall be apportioned from the State School Fund the
amount to be transferred to the Regional Educational Services
Account as calculated under ORS 327.009.
  (5) All figures used in the determination of the distribution
of the State School Fund shall be estimates for the same year as
the distribution occurs, unless otherwise specified.
  (6) Numbers of students in average daily membership used in the
distribution formula shall be the numbers as of June of the year
of distribution.
  (7) A school district may not use the portion of the State
School Fund grant that is attributable to the facility grant for
capital construction costs.
  (8) The total amount of the State School Fund that is
distributed as facility grants may not exceed $25 million in any
biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall
prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
  (9) Each fiscal year, the Department of Education shall
transfer the amount of $18 million from the State School Fund to
the High Cost Disabilities Account established in ORS 327.348.
  (10) Each fiscal year, the Department of Education shall
transfer the amount of $2.5 million from the State School Fund to
the Small School District Supplement Fund established in ORS
327.360.
  (11) Each fiscal year, the Department of Education may expend
up to $550,000 from the State School Fund for the contract
described in ORS 329.488. The amount distributed to education
service districts from the State School Fund under this section
and ORS 327.019 shall be reduced by the amount expended by the
department under this subsection.
    { - (12) Each biennium, the Department of Education may
expend up to $800,000 from the State School Fund for the
administration of ORS 326.133 and 326.136. - }
    { - (13) - }   { + (12) + } Each biennium, the Department of
Education may expend up to $350,000 from the State School Fund to
provide administration of and support for the development of
talented and gifted education under ORS 343.404.
    { - (14) - }   { + (13) + } Each biennium, the Department of
Education may expend up to $150,000 from the State School Fund
for the administration of a program to increase the number of
speech-language pathologists and speech-language pathology
assistants under ORS 348.394 to 348.406.
  SECTION 3. ORS 327.008 is amended to read:
  327.008. (1) There is established a State School Fund in the
General Fund. The fund shall consist of moneys appropriated by
the Legislative Assembly and moneys transferred from the
Education Stability Fund. The State School Fund is continuously
appropriated to the Department of Education for the purposes of
ORS 327.006 to 327.077, 327.095, 327.099, 327.101, 327.125,
327.137, 327.348, 336.575, 336.580, 336.635, 342.173, 343.243,
343.533 and 343.961.
  (2) There shall be apportioned from the State School Fund to
each school district a State School Fund grant, consisting of the
positive amount equal to a general purpose grant and a facility
grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.011
and 327.013.
  (3) There shall be apportioned from the State School Fund to
each education service district a State School Fund grant as
calculated under ORS 327.019.
  (4) There shall be apportioned from the State School Fund the
amount to be transferred to the Regional Educational Services
Account as calculated under ORS 327.009.
  (5) All figures used in the determination of the distribution
of the State School Fund shall be estimates for the same year as
the distribution occurs, unless otherwise specified.
  (6) Numbers of students in average daily membership used in the
distribution formula shall be the numbers as of June of the year
of distribution.
  (7) A school district may not use the portion of the State
School Fund grant that is attributable to the facility grant for
capital construction costs.
  (8) The total amount of the State School Fund that is
distributed as facility grants may not exceed $25 million in any
biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall
prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
  (9) Each fiscal year, the Department of Education shall
transfer the amount of $18 million from the State School Fund to
the High Cost Disabilities Account established in ORS 327.348.
  (10) Each fiscal year, the Department of Education may expend
up to $550,000 from the State School Fund for the contract
described in ORS 329.488. The amount distributed to education
service districts from the State School Fund under this section
and ORS 327.019 shall be reduced by the amount expended by the
department under this subsection.
    { - (11) Each biennium, the Department of Education may
expend up to $800,000 from the State School Fund for the
administration of ORS 326.133 and 326.136. - }
    { - (12) - }   { + (11) + } Each biennium, the Department of
Education may expend up to $350,000 from the State School Fund to
provide administration of and support for the development of
talented and gifted education under ORS 343.404.
    { - (13) - }   { + (12) + } Each biennium, the Department of
Education may expend up to $150,000 from the State School Fund
for the administration of a program to increase the number of
speech-language pathologists and speech-language pathology
assistants under ORS 348.394 to 348.406.
  SECTION 4. ORS 336.423 is amended to read:
  336.423. (1) As used in this section:
  (a) 'Entree' means a food that is generally regarded as being
the primary food in a meal and includes, but is not limited to,
sandwiches, burritos, pasta and pizza.
  (b) 'Snack' means a food that is generally regarded as
supplementing a meal and includes, but is not limited to, chips,
crackers, onion rings, nachos, french fries, doughnuts, cookies,
pastries, cinnamon rolls and candy.
  (2) Except as provided in subsection (6) of this section, all
food and beverage items sold in a public kindergarten through
grade 12 school must at a minimum meet the standards required by
this section.
  (3) The following shall apply to all food sold in a school
during the times described in subsection (5)(a) of this section:
  (a) A snack item may be sold only in a single-serving size and:
  (A) May not have more than 35 percent of the total calories
from fat. This requirement does not apply to snack items that are
legumes, nuts, nut butters, seeds, eggs, nonfried vegetables and
cheese.
  (B) May not have more than 10 percent of the total calories
from saturated fat. This requirement does not apply to snack
items that are nuts, eggs and cheese.
  (C) May not contain more than 35 percent sugar by weight.  This
requirement does not apply to fruit and vegetables.
  (D) May not contain more than 0.5 grams of trans fat per
serving.
  (E) May not contain more than 150 total calories if sold in a
school in which the highest grade level in the school is grade 5
or less.
  (F) May not contain more than 180 total calories if sold in a
school in which the highest grade level in the school is grade 6,
7 or 8.
  (G) May not contain more than 200 total calories if sold in a
school in which the highest grade level in the school is grade 9,
10, 11 or 12.
  (b) An entree item that is sold individually:
  (A) May not contain more than four grams of fat per 100
calories.
  (B) May not contain more than 450 total calories.
  (4) The following shall apply to all beverages sold in a school
during the times described in subsection (5)(a) of this section:
  (a) If the beverage is sold in a school in which the highest
grade level in the school is grade 5 or less, the beverage may be
only:
  (A) Water.
  (B) Fruit or vegetable juice, provided the beverage item is not
more than eight ounces, is 100 percent juice with no added
sweeteners and contains no more than 120 calories per eight
ounces.
  (C) Milk or a nutritionally equivalent milk alternative,
provided the beverage item is not more than eight ounces, is fat
free or low fat and, if flavored, contains no more than 150
calories per eight ounces.
  (b) If the beverage is sold in a school in which the highest
grade level in the school is grade 6, 7 or 8, the beverage may be
only:
  (A) Water.
  (B) Fruit or vegetable juice, provided the beverage item is not
more than 10 ounces, is 100 percent juice with no added
sweeteners and contains no more than 120 calories per eight
ounces.
  (C) Milk or a nutritionally equivalent milk alternative,
provided the beverage item is not more than 10 ounces, is fat
free or low fat and, if flavored, contains no more than 150
calories per eight ounces.
  (c) If the beverage is sold in a school in which the highest
grade level in the school is grade 9, 10, 11 or 12, the beverage
may be only:
  (A) Water.
  (B) Fruit or vegetable juice, provided the beverage item is not
more than 12 ounces, is 100 percent juice with no added
sweeteners and contains no more than 120 calories per eight
ounces.
  (C) Milk or a nutritionally equivalent milk alternative,
provided the beverage item is not more than 12 ounces, is fat
free or low fat and, if flavored, contains no more than 150
calories per eight ounces.

  (D) A no-calorie or low-calorie beverage if the beverage
contains no more than 10 calories per eight ounces.
  (E) A beverage that is not more than 12 ounces and contains no
more than 66 calories per eight ounces.
  (5)(a) The standards required by this section apply to food and
beverage items sold in a school at all times during the regular
or extended school day when the activities in the school are
primarily under the control of the school district board. This
includes, but is not limited to, the time before or after classes
are in session and the time when the school is being used for
activities such as clubs, yearbook, band or choir practice,
student government, drama rehearsals or child care programs.
  (b) The standards required by this section do not apply to food
and beverage items sold in a school at times when the school is
being used for school-related events or nonschool-related events
for which parents and other adults are a significant part of an
audience or are selling food or beverage items before, during or
after the event, such as a sporting event or another
interscholastic activity, a play or a band or choir concert.
  (6) The standards required by this section do not apply to food
and beverage items sold in a school as part of the United States
Department of Agriculture's National School Lunch Program or
School Breakfast Program.
  (7) A school district board may adopt standards that are more
restrictive than the standards specified by this section.
    { - (8) Each school year, a school district board shall
determine whether the school district is in compliance with the
standards required by this section and report the results of that
determination to the Department of Education. The department may
monitor whether school districts are in compliance with the
standards required by this section. - }
  SECTION 5. ORS 338.075 is amended to read:
  338.075. (1) If a school district board does not approve a
proposal to start a public charter school pursuant to ORS
338.055, the applicant may:
  (a) Request that the State Board of Education review the
decision of the school district board; or
  (b) Submit a proposal to an institution of higher education.
  (2) Upon receipt of a request for review, the State Board of
Education:
    { - (a) Shall attempt to mediate a resolution between the
applicant and the school district board. - }
    { - (b) - }   { + (a) + } May recommend to the applicant and
school district board revisions to the proposal.
    { - (c) - }   { + (b) + } If the school district board does
not accept the revisions to the proposal and the applicant agrees
to the sponsorship, may become the sponsor of the public charter
school.
  (3) Upon receipt of a request for review, in addition to
actions described in subsection (2) of this section and at any
time during the review process, the State Board of Education may
reject a proposal to start a public charter school if the school
fails to meet the requirements of this chapter.
  (4) An applicant may seek judicial review of an order of the
State Board of Education pursuant to ORS 183.484. If the court
finds that the decision of the State Board of Education is not
supported by substantial evidence in the record, the court shall
enter a judgment directing the State Board of Education to
sponsor the public charter school.
  (5)(a) An applicant seeking sponsorship by an institution of
higher education may submit to the institution of higher
education the same proposal that was submitted to the school
district board under ORS 338.045 or a proposal that is modified
to take into consideration the characteristics of the institution
of higher education evaluating the proposal under this
subsection.
  (b) Upon receipt of a proposal, an institution of higher
education may evaluate the proposal. The institution of higher
education shall:
  (A) Approve or disapprove the proposal using the criteria
described in ORS 338.055 (2)(b) to (h) and approve the proposal
only if the institution of higher education may become a sponsor
as provided by paragraphs (e) and (f) of this subsection; or
  (B) Disapprove the proposal based on the institution's
determination that the proposal does not align with the mission
of the institution of higher education.
  (c)(A) The following decisions by an institution of higher
education are final and not subject to appeal:
  (i) Whether to evaluate a proposal for a public charter school;
and
  (ii) The approval or disapproval of a proposal for a public
charter school.
  (B) The process by which an institution of higher education
makes a decision described in subparagraph (A) of this paragraph
is not subject to appeal.
  (d) Within 60 days after receiving a proposal, the institution
of higher education must approve the proposal or, if disapproving
the proposal, state in writing the reasons for disapproving the
proposal.
  (e) An institution of higher education may approve a proposal
evaluated under this subsection only if the main campus of the
institution of higher education is located within 25 miles of the
proposed public charter school, based on the nearest traveled
road.
  (f) An institution of higher education may become a sponsor of
only one public charter school in this state, regardless of the
number of campuses or locations of the institution of higher
education.
  (g) If a public charter school has a sponsor that is an
institution of higher education and the public charter school
enters into a contract with a third-party entity to provide
educational services for the public charter school:
  (A) A member of the governing body of the public charter school
or the governing body of the sponsor may not be an employee of
the third-party entity, be a member of the governing board of the
third-party entity or be any other representative of the
third-party entity;
  (B) An employee or a member of the governing board of the
third-party entity may not attend an executive session of the
sponsor;
  (C) An employee of the public charter school may not promote
the sale or benefits of private supplemental services or classes
offered by the third-party entity; and
  (D) The educational services provided by the third-party entity
must comply with state standards and requirements, and any
provision of the contract with the third-party entity that does
not allow for the provision of educational services that comply
with state standards and requirements is void.
  SECTION 6. ORS 338.075, as amended by section 29, chapter 718,
Oregon Laws 2011, is amended to read:
  338.075. (1) If a school district board does not approve a
proposal to start a public charter school pursuant to ORS
338.055, the applicant may request that the State Board of
Education review the decision of the school district board.
  (2) Upon receipt of a request for review, the State Board of
Education:
    { - (a) Shall attempt to mediate a resolution between the
applicant and the school district board. - }
    { - (b) - }   { + (a) + } May recommend to the applicant and
school district board revisions to the proposal.
    { - (c) - }   { + (b) + } If the school district board does
not accept the revisions to the proposal and the applicant agrees
to the sponsorship, may become the sponsor of the public charter
school.
  (3) Upon receipt of a request for review, in addition to
actions described in subsection (2) of this section and at any
time during the review process, the State Board of Education may
reject a proposal to start a public charter school if the school
fails to meet the requirements of this chapter.
  (4) An applicant may seek judicial review of an order of the
State Board of Education pursuant to ORS 183.484. If the court
finds that the decision of the State Board of Education is not
supported by substantial evidence in the record, the court shall
enter a judgment directing the State Board of Education to
sponsor the public charter school.
  (5)(a) An institution of higher education may sponsor a public
charter school only if:
  (A) The main campus of the institution of higher education is
located within 25 miles of the proposed public charter school,
based on the nearest traveled road; and
  (B) The institution of higher education first became a sponsor
of the public charter school prior to July 1, 2017.
  (b) An institution of higher education may sponsor only one
public charter school in this state, regardless of the number of
campuses or locations of the institution of higher education.
  (c) If a public charter school has a sponsor that is an
institution of higher education and the public charter school
enters into a contract with a third-party entity to provide
educational services for the public charter school:
  (A) A member of the governing body of the public charter school
or the governing body of the sponsor may not be an employee of
the third-party entity, be a member of the governing board of the
third-party entity or be any other representative of the
third-party entity;
  (B) An employee or a member of the governing board of the
third-party entity may not attend an executive session of the
sponsor;
  (C) An employee of the public charter school may not promote
the sale or benefits of private supplemental services or classes
offered by the third-party entity; and
  (D) The educational services provided by the third-party entity
must comply with state standards and requirements, and any
provision of the contract with the third-party entity that does
not allow for the provision of educational services that comply
with state standards and requirements is void.
  SECTION 7. ORS 337.141 is amended to read:
  337.141.   { - Upon prior notice to the State Board of
Education, the district school board of any school district may
adopt and use textbooks or other instructional materials in place
of or in addition to those adopted by the State Board of
Education provided they meet the guidelines and criteria
established by the State Board of Education. - }  { +  The State
Board of Education shall adopt:
  (1) A list of textbooks and other instructional materials that
may be used by a school district; and
  (2) Guidelines and criteria for a district school board to
select textbooks and other instructional materials that are not
on the list adopted under subsection (1) of this section. + }
  SECTION 8. ORS 337.120 is amended to read:
  337.120. (1)   { - Except as otherwise provided by ORS 337.141,
the - }   { + A + } district school board, with the assistance of
teachers and administrators of the district, shall adopt  { + a
list of + } textbooks and other instructional materials for each
grade and subject
  { - field - }  for which instruction is provided by the
 { - district school board from the approved list - }  { +
school district + }. The district school board shall  { + adopt

the list in compliance with ORS 337.141 and shall + } involve
parents and citizens in the process.
  (2) The district school board shall cause the books or
 { + other instructional + } materials, according to titles,
 { - so adopted - }   { + that are included on the list adopted
under subsection (1) of this section  + }to be used in its
schools at the beginning of the next school year following the
state adoption { +  under ORS 337.141 + }, except when, pursuant
to rules of the State Board of Education, the district school
board is authorized by the Superintendent of Public Instruction
to postpone   { - such - }  use for a reasonable period of time.
  SECTION 9.  { + ORS 326.131, 326.133, 326.136, 329.498,
329.499, 336.015, 336.023, 336.025, 336.475 and 337.275 are
repealed. + }
  SECTION 10.  { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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