Bill Text: OR SB216 | 2013 | Regular Session | Introduced
Bill Title: Relating to funding for education of students in treatment programs; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB216 Detail]
Download: Oregon-2013-SB216-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 643
Senate Bill 216
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.
Alters method by which moneys are distributed to school
districts for purpose of paying for costs of education of
students in eligible day treatment programs and eligible
residential treatment programs.
Declares emergency, effective July 1, 2013.
A BILL FOR AN ACT
Relating to funding for education of students in treatment
programs; creating new provisions; amending ORS 327.008,
329.488, 343.243 and 343.961; 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) 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 may
expend up to $22 million from the State School Fund to pay for
the costs of educating children in programs under ORS
343.961. + }
{ - (9) - } { + (10) + } 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) - } { + (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.
{ - (11) - } { + (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.
{ - (12) - } { + (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 2. 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 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) - } { + (3) + } 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) - } { + (4) + } 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) - } { + (5) + } 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) - } { + (6) + } The department shall credit amounts
received from the State School Fund under this section to the
appropriate subaccount in the Special Education Account.
SECTION 3. ORS 343.961 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) { + (a) + } 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
treatment program is located. The costs of education do not
include transportation, care, treatment or medical expenses.
{ + (b) The department shall pay the costs for education of
students in eligible day treatment programs and eligible
residential treatment programs by distributing moneys to the
school districts with which the department has contracts as
described in paragraph (a) of this subsection. The amount
distributed to a school district = (total amount available from
the State School Fund for treatment programs divided by the total
utilization rate count for all program providers) x the
utilization rate count for an individual program provider.
(c) For the purposes of the calculation described in paragraph
(b) of this subsection:
(A) The total amount distributed from the State School Fund for
treatment programs is the maximum amount as provided by ORS
327.008 (9), minus any amounts retained by the department for
emergencies as described in paragraph (d) of this subsection.
(B) The total utilization rate count shall be determined by the
department pursuant to rules adopted by the State Board of
Education based on information received from the Oregon Health
Authority, the Department of Human Services, the Oregon Youth
Authority and eligible day treatment programs and eligible
residential treatment programs.
(d) For the purpose of paragraph (c)(A) of this subsection:
(A) The amounts retained annually for emergencies may not
exceed five percent of the maximum amount available for treatment
programs as provided by ORS 327.008 (9).
(B) The department may expend moneys for emergencies related to
eligible day treatment programs and eligible residential
treatment programs in compliance with rules adopted by the State
Board of Education.
(C) The department may retain moneys for emergencies from year
to year, but the total amount of moneys retained for emergencies
may not exceed the total amount described in subparagraph (A) of
this paragraph for the previous fiscal year. + }
(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'
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 4. { + The amendments to ORS 327.008, 343.243 and
343.961 by sections 1 to 3 of this 2013 Act apply to State School
Fund distributions commencing with the 2013-2014
distributions. + }
SECTION 5. 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) - }
{ + (11) + }.
(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 6. { + 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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