Bill Text: OR SB21 | 2011 | Regular Session | Introduced

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Bill Title: Relating to the education of youths in confinement; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB21 Detail]

Download: Oregon-2011-SB21-Introduced.html

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     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 707

                         Senate Bill 21

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 Superintendent of Public
  Instruction Susan Castillo 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.

  Eliminates types of youth correction facilities at which youth
may receive educational services under Youth Corrections
Education Program.
  Requires Department of Education to be responsible for payment
of education of certain youths in confinement. Requires school
district in which youth is confined to be responsible for
education of youth.
  Revises method by which State School Fund grants for Youth
Corrections Education Program and Juvenile Detention Education
Program are calculated.
  Declares emergency, effective July 1, 2011.

                        A BILL FOR AN ACT
Relating to the education of youths in confinement; creating new
  provisions; amending ORS 326.695, 326.712, 327.026, 327.297,
  336.585 and 339.133; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 326.695 is amended to read:
  326.695. As used in ORS 326.700 and 326.712:
  (1) 'Juvenile Detention Education Program' means the provision
of educational services to youths lodged overnight who receive
educational services on consecutive days within a detention
facility, as defined in ORS 419A.004.
  (2) { + (a) + } 'Youth Corrections Education Program' means the
provision of educational services to youths in   { - youth
correction facilities, as defined in ORS 420.005. - }  { +  a
facility used for the confinement of youth offenders and other
persons placed in the legal or physical custody of the Oregon
Youth Authority.
  (b) 'Youth Corrections Education Program' does not include the
provision of educational services to youths in regional youth
accountability camps, regional residential academies and
satellites, camps and branches of those facilities. + }
  SECTION 2. ORS 339.133, as amended by sections 1 and 3, chapter
21, Oregon Laws 2010, is amended to read:
  339.133. (1) Except as provided in subsection (3), (4),
(5) { + , (6)  + }or   { - (7) - }   { + (8) + } of this section,
children between the ages of 4 and 18 shall be considered
resident for school purposes in the school district in which
their parents, their guardians or persons in parental
relationship to them reside.
  (2) Nonemancipated individuals between the ages of 4 and 18
living outside the geographic area of the school district for
such reasons as attending college, military service, hospital
confinement or employment away from home shall be considered
resident in the district in which their parents, their guardians
or persons in parental relationship to them reside.
  (3) Individuals considered legally emancipated from their
parents shall be considered resident in the district in which
they actually reside, irrespective of the residence of their
parents, their guardians or persons in parental relationship.
  (4) Children placed by public or private agencies who are
living in licensed, certified or approved substitute care
programs shall be considered resident in the school district in
which they reside because of placement by a public or private
agency.
  (5)(a) Notwithstanding subsection (4) of this section, when a
juvenile court determines that it is in a child's best interest
to continue to attend the school that the child attended prior to
placement by a public agency, the child:
  (A) Shall be considered resident for school purposes in the
school district in which the child resided prior to the
placement; and
  (B) May continue to attend the school the child attended prior
to the placement through the highest grade level of the school.
  (b) The public agency that has placed the child shall be
responsible for providing the child with transportation to and
from school when the need for transportation is due to the
placement by the public agency.
  (c) Paragraph (b) of this subsection applies only to a public
agency for which funds have been designated for the specific
purpose of providing a child with transportation to and from
school under this subsection.
   { +  (6) Youths placed by the Oregon Youth Authority in
regional youth accountability camps, regional residential
academies and satellites, camps and branches of those facilities
shall be considered resident in the school district in which the
facility is located. + }
    { - (6) - }   { + (7) + } Persons living temporarily in a
school district for the primary purpose of attending a district
school may not be considered resident in the district in which
they are living temporarily, but shall be considered resident in
the district in which they, their parents, their guardians or
persons in parental relationship to them maintain residency.
    { - (7) - }   { + (8) + } Except as provided in ORS 327.006
(7) and 335.090, persons whose legal residence is not within the
district but who attend school in the district with the written
consent of the affected district school boards shall be
considered to be residents in the district in which the persons
attend school for purposes of the receipt by that district of
State School Fund moneys for those persons.
    { - (8) - }   { + (9) + } For the purposes of this section:
  (a) 'Person in parental relationship' means an adult who has
physical custody of a child or resides in the same household as
the child, interacts with the child daily, provides the child
with food, clothing, shelter and incidental necessaries and
provides the child with necessary care, education and discipline.
' Person in parental relationship' does not mean a person with a
power of attorney or other written delegation of parental
responsibilities if the person does not have other evidence of a
parental relationship.

  (b) 'Substitute care program' means family foster care, family
group home care, parole foster care, family shelter care,
adolescent shelter care and professional group care.
  SECTION 3. ORS 326.712 is amended to read:
  326.712.   { - The Superintendent of Public Instruction may
contract with an education service district or a school district
to provide teachers, counselors or other personnel for the Youth
Corrections Education Program and the Juvenile Detention
Education Program. However, The programs may not be considered a
component district and the students enrolled in the programs may
not be counted in determining the number of pupils in average
daily membership for purposes of ORS 334.175 (5). - }
   { +  (1) The Department of Education is responsible for paying
the costs of providing education to youths enrolled in the Youth
Corrections Education Program or the Juvenile Detention Education
Program. Payment shall be made from the State School Fund grant
allocated for those programs under ORS 327.026.
  (2) The school district in which an educational program under
the Youth Corrections Education Program or the Juvenile Detention
Education Program is located is responsible for ensuring that
youths enrolled in the program receive an appropriate education
from:
  (a) The school district;
  (b) An adjacent school district;
  (c) The education service district in which the program is
located; or
  (d) An education service district contiguous to the education
service district in which the program is located.
  (3) The Superintendent of Public Instruction may enter into a
contract with a school district or an education service district
to provide teachers, counselors or other personnel for
educational programs under the Youth Corrections Education
Program or the Juvenile Detention Education Program.
  (4) The Youth Corrections Education Program and the Juvenile
Detention Education Program are not considered part of a
component school district of an education service district and
the youths enrolled in the programs may not be counted in
determining the number of pupils in average daily membership for
purposes of ORS 334.175 (5). + }
  SECTION 4. ORS 336.585 is amended to read:
  336.585.   { - (1) The Department of Education shall provide or
cause to be provided appropriate education for children placed in
a detention facility. The Superintendent of Public Instruction
may contract with a school district or education service district
to provide or cause to be provided appropriate education to
children placed in a detention facility. - }
    { - (2) The superintendent shall pay the costs of providing
education to children placed in detention facilities from the
State School Fund grant allocated to the Juvenile Detention
Education Program for that purpose under ORS 327.026. - }
   { +  (1) As used in this section:
  (a) 'Juvenile Detention Education Program' means the program
defined in ORS 326.695.
  (b) 'Resident district' means the school district in which the
parents or legal guardian, if any, of a child resided at the time
of the child's enrollment in the Juvenile Detention Education
Program. If the child has no parents or legal guardian, or none
can be located, the resident district is the school district in
which the child is physically located. + }
    { - (3) - }   { + (2) + } The State Board of Education shall
adopt by rule standards to be applied to the operation of the
Juvenile Detention Education Program  { - , as defined in ORS
326.695 - } .
    { - (4) - }   { + (3) + } The Superintendent  { + of Public
Instruction + } shall ensure that the resident district of each
child   { - placed in a detention facility - }   { + enrolled in
the Juvenile Detention Education Program + } is notified, if the
resident district can be reasonably identified. The purposes of
the notification include, but are not limited to:
  (a) Removing the child from the resident district's census;
  (b) Facilitating transfers of the child's educational records;
and
  (c) Facilitating planning for the child's possible return to
the resident district.
    { - (5) As used in this section: - }
    { - (a) 'Detention facility' has the meaning given the term
in ORS 419A.004. - }
    { - (b) 'Placed in a detention facility' means lodged
overnight between consecutive days of receiving educational
services within the detention facility. - }
    { - (c) 'Resident district' means the school district in
which the parents or legal guardian, if any, of the child resided
at the time of placement. If the child has no parents or legal
guardian, or none can be located, the resident district shall be
the school district in which the child is physically located. - }

  SECTION 5.  { + The amendments to ORS 326.695, 326.712, 336.585
and 339.133 by sections 1 to 4 of this 2011 Act first apply to
the 2011-2012 school year. + }
  SECTION 6. ORS 327.026 is amended to read:
  327.026. (1) In order to accomplish the purpose described in
ORS 326.700, the State Board of Education shall adopt by rule
definitions and procedures to be applied to the computation of
the State School Fund allocations where necessary to make
students enrolled in the Youth Corrections Education Program, as
defined in ORS 326.695, and the Juvenile Detention Education
Program, as defined in ORS 326.695, equivalent to students
enrolled in common and union high school districts for purposes
of distribution of the fund.
  (2)(a) The Youth Corrections Education Program shall   { - be
entitled to - }  receive from the State School Fund for each
school year a special State School Fund grant, consisting of a
general purpose grant that is equal to the Youth Corrections
Education Program  { + extended ADMw  + }  { - ADM multiplied by
2.0 multiplied by the additional per student weight, as
calculated in ORS 327.013 (1)(c)(A)(i), - }  multiplied by
Funding Percentage and further multiplied by Statewide Target per
ADMw Grant. { +  For the purpose of the calculation made under
this paragraph:
  (A) ADMw equals ADM multiplied by 2.0 multiplied by the
additional per student weight, as calculated in ORS 327.013
(1)(c)(A)(i).
  (B) Extended ADMw equals ADMw or ADMw of the prior year,
whichever is greater. + }
  (b) Notwithstanding paragraph (a) of this subsection, the Youth
Corrections Education Program may not receive moneys under this
section from the State School Fund for any youth in the program
who:
  (A) Has received a high school diploma; or
  (B) Is 21 years of age or older.
  (3) The Juvenile Detention Education Program shall   { - be
entitled to - }  receive from the State School Fund for each
school year a special State School Fund grant, consisting of a
general purpose grant that is equal to the Juvenile Detention
Education Program  { + extended ADMw  + }  { - ADM multiplied by
1.5 - }  multiplied by Funding Percentage and further multiplied
by Statewide Target per ADMw Grant. { +  For the purpose of the
calculation made under this subsection:
  (a) ADMw equals ADM multiplied by 2.0.
  (b) Extended ADMw equals ADMw or ADMw of the prior year,
whichever is greater. + }

  (4) Funds allocated to the Youth Corrections Education Program
and the Juvenile Detention Education Program from the State
School Fund shall remain with the Department of Education and
shall be adjusted in the year following the distribution to
reflect the actual ADMw of students in the Youth Corrections
Education Program and the Juvenile Detention Education Program in
the same manner as for the school districts under ORS 327.101.
  SECTION 7.  { + The amendments to ORS 327.026 by section 6 of
this 2011 Act apply to State School Fund distributions commencing
with the 2011-2012 distribution. + }
  SECTION 8. 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 under this section
may transfer a portion of the grant to a 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
 { + extended weighted + } average daily membership as
 { - defined in ORS 327.006 multiplied by 2.0 - }  { +
calculated under ORS 327.026 + };
  (C) For the Juvenile Detention Education Program, the  { +
extended weighted + } average daily membership as   { - defined
in ORS 327.006 multiplied by 1.5 - }  { +  calculated under ORS
327.026 + }; 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 9.  { + The amendments to ORS 327.297 by section 8 of
this 2011 Act apply to grants first awarded for 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. + }
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