Bill Text: OR SB105 | 2013 | Regular Session | Introduced
Bill Title: Relating to the Office of Regional Educational Services; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB105 Detail]
Download: Oregon-2013-SB105-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 638
Senate Bill 105
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of 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.
Clarifies method by which moneys are transferred from State
School Fund to Regional Educational Services Account for use by
Office of Regional Educational Services.
Declares emergency, effective July 1, 2013.
A BILL FOR AN ACT
Relating to the Office of Regional Educational Services; creating
new provisions; amending ORS 294.383, 327.008, 329.488 and
334.820; repealing ORS 327.009; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 327.008, as amended by section 3, chapter 91,
Oregon Laws 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, 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) - } { + (4) + } 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) - } { + (5) + } 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) - } { + (6) + } 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) - } { + (7) + } 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) - } { + (8) + } 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) - } { + (9) + } 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.
{ + (10)(a) Each biennium, the Department of Education may
expend up to $500,000 from the State School Fund for the
administration of the Office of Regional Educational Services
established by ORS 334.800.
(b) Each biennium, the Superintendent of Public Instruction
shall transfer the amount to be expended as provided by paragraph
(a) of this subsection from the State School Fund to the Regional
Educational Services Account established by ORS 334.820.
(c) 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 as provided by
this subsection. + }
(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.
(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 2. ORS 334.820 is amended to read:
334.820. (1) The Regional Educational Services Account is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Regional Educational
Services Account shall be credited to the account. Except as
limited by subsection (2) of this section, moneys in the account
are continuously appropriated to the Office of Regional
Educational Services.
(2) { + Except for moneys received as provided in ORS 334.800
(7), + } the Office of Regional Educational Services may
{ + not + } expend or otherwise obligate { - no - } more than
$500,000 per biennium from the Regional Educational Services
Account. { - The Director of the Office of Regional Educational
Services shall establish a schedule that allows for the periodic
transfer of moneys in the account that are in excess of the
moneys allowed to the Office of Regional Educational Services
under this subsection. Transfers shall be made to the State
School Fund for distribution to school districts as provided by
ORS 327.013 and this section. - }
(3) On June 30 of each odd-numbered year, all moneys in the
account that are unexpended, unobligated and not subject to any
conditions shall transfer to the State School Fund for
distribution to school districts as provided by ORS 327.013
{ - and this section - } .
(4) For the purpose of distributions made as provided by this
section, the Superintendent of Public Instruction:
(a) May not include any amounts transferred to the State School
Fund under this section when making calculations described in ORS
327.019 (3)(a).
(b) May not distribute to education service districts or the
Office of Regional Educational Services any moneys transferred to
the State School Fund as provided by this section.
{ - (c) Shall distribute to school districts any moneys
received under this section based on the schedule described in
ORS 327.095. - }
SECTION 3. ORS 294.383 is amended to read:
294.383. (1) As used in this section, 'extended ADMw ' means:
(a) For a school district, the district extended ADMw as
calculated under ORS 327.013.
(b) For an education service district, the sum of the extended
ADMw of the school districts located within the territory of the
education service district.
(2) Notwithstanding ORS 294.333, a school district or education
service district that uses the accrual basis method of accounting
may include as accrued revenues in the budget and financial
statement of the school district or education service district,
for any fiscal year, an amount from the next fiscal year that is
to be received in the next fiscal year. The amount accrued under
this section may not be greater than the amount calculated under
subsection (3)(b) or (c) of this section multiplied by the
extended ADMw of the school district or education service
district.
(3)(a) For each fiscal year, the Department of Education shall
calculate the amount available in the State School Fund for
grants and distributions to school districts and the amount
available for grants and distributions to education service
districts under ORS 327.008, 327.013 and 327.019 based on the
appropriations and allocations made to the State School Fund for
that fiscal year by the Legislative Assembly in regular session.
The department may not include in the amount calculated to be
available for school districts and education service districts
under this paragraph the amounts received by the Youth
Corrections Education Program and the Juvenile Detention
Education Program under ORS 327.026 from the State School Fund or
amounts transferred to the Regional Educational Services Account
as provided by { - ORS 327.009 - } { + ORS 327.008
(10)(b) + }.
(b) The department shall calculate for school districts an
amount equal to (the amount calculated under paragraph (a) of
this subsection for school districts : 12) : the total statewide
extended ADMw of all school districts.
(c) The department shall calculate for education service
districts an amount equal to (the amount calculated under
paragraph (a) of this subsection for education service
districts : 12) : the total statewide extended ADMw of all
education service districts.
(d) The department may adjust the calculations under this
subsection based on current data for the factors used to
calculate the State School Fund distribution to school districts
and education service districts under ORS 327.008, 327.013 and
327.019.
(e) Notwithstanding paragraph (d) of this subsection, the
department may not adjust the calculation under paragraph (a) of
this subsection based on changes made to the appropriations or
allocations to the State School Fund by the Legislative Assembly
in special session or by rule of the Oregon Department of
Administrative Services relating to allotting funds.
(4) Notwithstanding ORS 294.333, a community college district
or community college service district that uses the accrual basis
method of accounting may include as accrued revenues in the
budget and financial statement of the community college district
or community college service district, for any fiscal year, an
amount from the next fiscal year that is to be received in the
next fiscal year. The amount accrued under this section may not
be greater than 25 percent of the amount the community college
district or community college service district received as a
Community College Support Fund grant for the fiscal year for
which the revenues are to be accrued.
SECTION 4. ORS 329.488 is amended to read:
329.488. (1) The Department of Education shall contract with a
nonprofit entity to administer a nationally normed assessment, in
collaboration with the department, to all students in grade 10
who are enrolled in a public school. The purpose of the
assessment is to predict the success of students on, and provide
practice for students taking, college entrance exams.
(2) The department shall base the selection of the contractor
under subsection (1) of this section on all of the following
criteria:
(a) The contractor must be able to provide to the department
statewide data containing the results of the assessment;
(b) The contractor shall provide an assessment that:
(A) Identifies students with high potential to excel in
advanced placement (AP) or other honors courses based on a
research-based correlation of scores on the grade 10 assessment
to advanced placement examinations;
(B) Examines students in mathematics, reading and writing; and
(C) Provides results that can be used by Oregon's higher
education institutions to recruit students to attend college;
(c) The contractor must be able to supply schools with an
item-by-item analysis of student performance on the assessment;
and
(d) The contractor must be able to make available to each
student taking the assessment a free career assessment and online
exploration of colleges and career opportunities.
(3)(a) In lieu of using the contractor selected by the
department under subsection (1) of this section, a school
district may apply to the department for a waiver to allow the
district to enter into a contract with a different nonprofit
entity for the purpose of administering a nationally normed
assessment to all students in grade 10 who are enrolled in the
public schools operated by the district. The department shall
grant the waiver if:
(A) The district had entered into a contract with the entity
for the 2007-2008 school year to administer a grade 10
assessment;
(B) The entity, in coordination with the district, administered
a grade 10 assessment during the 2007-2008 school year;
(C) For the most recent school year in which the entity
administered a grade 10 assessment, the entity met the criteria
set forth in subsection (2) of this section as in effect for the
school year in which the entity administered the assessment; and
(D) The entity plans to meet the criteria set forth in
subsection (2) of this section as in effect for the school year
for which the school district seeks a waiver.
(b) A waiver granted by the department under this subsection:
(A) Is valid for one school year; and
(B) May be renewed each school year.
(c) The department shall reimburse a school district for the
cost of assessments allowed under this subsection from funds
available to the department under ORS 327.008 { - (10) - }
{ + (9) + }.
(4) Notwithstanding subsections (1) and (3) of this section:
(a) The department may, under rules adopted by the State Board
of Education, waive the assessment for specific groups of
students; and
(b) Upon request from a student who is enrolled in a public
school operated by a school district or the parent or guardian of
the student, the school district shall waive the assessment for
the student.
SECTION 5. { + ORS 327.009 is repealed. + }
SECTION 6. { + The amendments to ORS 327.008 and 334.820 by
sections 1 and 2 of this 2013 Act and the repeal of ORS 327.009
by section 5 of this 2013 Act apply to State School Fund
distributions commencing with the 2013-2014 distributions. + }
SECTION 7. { + 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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