Bill Text: OR SB170 | 2011 | Regular Session | Enrolled
Bill Title: Relating to education; and declaring an emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-08-03 - Effective date, August 2, 2011. [SB170 Detail]
Download: Oregon-2011-SB170-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 170
Sponsored by Senator KRUSE (Presession filed.)
CHAPTER ................
AN ACT
Relating to education; creating new provisions; amending ORS
326.575, 327.023, 343.243 and 343.961; repealing sections 75
and 77, chapter ___, Oregon Laws 2011 (Enrolled House Bill
2100); 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) 'Eligible residential treatment program' means a
residential treatment program with which the Oregon Health
Authority 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
Enrolled Senate Bill 170 (SB 170-B) Page 1
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) 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 resident 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 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) { - The - } { + A + } school district may request the
Department of Education to combine several { - private agency
school - } { + eligible day treatment programs or eligible
residential treatment + } programs into one contract with { - a
school district, an adjacent school district - } { + another
school district + } or an education service district.
(5) The { + Oregon Health Authority or the + } Oregon Youth
Authority shall give the school district providing the education
at { - a - } { + an eligible day treatment program or an
eligible residential + } 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 - }
Enrolled Senate Bill 170 (SB 170-B) Page 2
{ + 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. { + 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 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. + }
(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.
Enrolled Senate Bill 170 (SB 170-B) Page 3
(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, residential 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, residential 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.
Enrolled Senate Bill 170 (SB 170-B) Page 4
{ - (b) - } { + (c) + } 'Educational institution' means a
public or private school, education service district, state
institution,
{ - private agency - } { + day treatment program, residential
treatment program + } or youth care center.
{ - (c) 'Private agency' means an agency with which the
Department of Education contracts under ORS 343.961. - }
{ + (d) 'Residential treatment program' means a program
described in ORS 343.961. + }
{ - (d) - } { + (e) + } 'Substitute care program' has the
meaning given that term in ORS 339.133.
{ - (e) - } { + (f) + } '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 and residential 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. { + If House Bill 2100 becomes law and House Bill
2281 does not become law, section 75, chapter ___, Oregon Laws
2011 (Enrolled House Bill 2100) (amending ORS 343.243), is
repealed. + }
SECTION 7. { + If House Bill 2100 becomes law and House Bill
2281 does not become law, section 77, chapter ___, Oregon Laws
2011 (Enrolled House Bill 2100) (amending ORS 343.961), is
Enrolled Senate Bill 170 (SB 170-B) Page 5
repealed and ORS 343.961, as amended by section 1 of this 2011
Act, 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) 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 { - resident - }
{ + residential + } 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 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'
Enrolled Senate Bill 170 (SB 170-B) Page 6
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 8. { + If both House Bill 2100 and House Bill 2281
become law, section 1 of this 2011 Act (amending ORS 343.961) is
repealed and ORS 343.961, as amended by section 231, chapter ___,
Oregon Laws 2011 (Enrolled House Bill 2100), 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. + }
{ - (a) - } { + (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.
{ - (b) - } { + (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.
{ - (c) - } { + (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) 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
Enrolled Senate Bill 170 (SB 170-B) Page 7
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 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
{ - under ORS 343.035 - } .
(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 9. If both House Bill 2100 and House Bill 2281 become
law, section 2 of this 2011 Act is amended to read:
Enrolled Senate Bill 170 (SB 170-B) Page 8
{ + Sec. 2. + } The amendments to ORS 343.961 by section
{ - 1 - } { + 8 + } of this 2011 Act first apply to the
2011-2012 school year.
SECTION 10. { + 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. + }
----------
Passed by Senate June 17, 2011
Repassed by Senate June 29, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 27, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 170 (SB 170-B) Page 9
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 170 (SB 170-B) Page 10
