Bill Text: OR SB248 | 2011 | Regular Session | Enrolled
Bill Title: Relating to kindergarten.
Spectrum: Unknown
Status: (Passed) 2011-08-03 - Effective date, January 1, 2012. [SB248 Detail]
Download: Oregon-2011-SB248-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 248
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 Senate Interim Committee on
Education and General Government for Full-Day Kindergarten
Implementation Committee)
CHAPTER ................
AN ACT
Relating to kindergarten; creating new provisions; amending ORS
327.006, 327.077, 327.106, 327.297, 330.101, 336.092, 336.095
and 339.141 and sections 2 and 3, chapter 40, Oregon Laws 2008;
and repealing ORS 327.082.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2, chapter 40, Oregon Laws 2008, as amended
by section 1, chapter 388, Oregon Laws 2009, is amended to read:
{ + Sec. 2. + } Section 1, chapter 40, Oregon Laws 2008,
applies to the 2007-2008, 2008-2009, 2009-2010,
2010-2011 { + , + } { - and - } 2011-2012 { + , 2012-2013,
2013-2014 and 2014-2015 + } school years.
SECTION 2. Section 3, chapter 40, Oregon Laws 2008, as amended
by section 2, chapter 388, Oregon Laws 2009, is amended to read:
{ + Sec. 3. + } Section 1, chapter 40, Oregon Laws 2008, is
repealed on June 30, { - 2012 - } { + 2015 + }.
SECTION 3. ORS 336.095 is amended to read:
336.095. { + (1)(a) A school district that is not a union high
school district must offer half-day kindergarten and may choose
to offer full-day kindergarten.
(b) A public charter school may choose to offer half-day
kindergarten or full-day kindergarten.
(c) The State Board of Education shall adopt by rule:
(A) Standards for half-day kindergarten and full-day
kindergarten; and
(B) The minimum number of instructional hours required for
half-day kindergarten and full-day kindergarten. + }
{ - (1) - } { + (2) + } { - The district school board of
every common school district shall - } { + Every school
district that is not a union high school district must + }
provide kindergarten facilities free of charge for the
kindergarten children residing in the district by operating
{ - such - } { + the + } facilities either singly or jointly
with other districts or by contracting with public or private
providers that conform to standards adopted by rule by the State
Board of Education.
{ - (2) - } { + (3) + } { - However, - } Nothing in this
section prevents a district school board from admitting free of
Enrolled Senate Bill 248 (SB 248-A) Page 1
charge a child who is a resident of the district and whose needs
for cognitive, social and physical development would best be met
in the school program, as defined by policies of the district
school board, even though the child has not attained the minimum
age requirement.
{ - (3) - } { + (4) + } { - Kindergartens established
under - } { + Kindergarten that is offered as provided by + }
subsection (1) of this section shall be funded in the same manner
as other { - schools - } { + grades + } of the district are
funded { + , except that the aggregate days membership of
children in kindergarten shall be calculated as provided by ORS
327.006 + }.
{ - (4) - } { + (5) + } { - Kindergartens are - }
{ + Kindergarten is + } an integral part of the public school
system of this state.
SECTION 4. ORS 327.106 is amended to read:
327.106. (1) Any school district that does not offer education
programs in kindergarten through grade 12 { - on and after July
1, 1997, - } shall be considered nonstandard under ORS 327.103.
{ + A school district may satisfy the requirements of this
section by offering half-day kindergarten or full-day
kindergarten. + }
{ - (2) This section shall not apply to any school district
not required to merge under section 2 (3) or (4), chapter 393,
Oregon Laws 1991. - }
{ - (3) - } { + (2) + } Notwithstanding subsection (1) of
this section, a school district { - shall not be - } { + is
not + } considered to be nonstandard under ORS 327.103 if
{ - : - } { + the school district:
(a) Is not required to merge under section 2 (3) or (4),
chapter 393, Oregon Laws 1991. + }
{ - (a) - } { + (b) + } { + Meets all of the following
requirements:
(A) + } The school district offered education programs in
kindergarten through grade 12 on September 1, 1996;
{ - (b) - } { + (B) + } After September 1, 1996, a majority
of the board of the school district voted not to offer education
programs in grades 9 through 12; and
{ - (c) - } { + (C) + } The school district merges with a
unified school district and the merger takes effect under ORS
330.103 within one year after the vote of the board under
{ + this + } paragraph { - (b) of this subsection - } .
{ + (c) Is a union high school district, as defined in ORS
330.005. + }
SECTION 5. ORS 339.141 is amended to read:
339.141. (1) For the purposes of this section:
(a) 'Public charter school' has the meaning given that term in
ORS 338.005.
{ - (b) 'Regular school program' means the regular curriculum
provided in the required full-time day sessions in the schools of
the district, including public charter schools, for grades 1
through 12 and the school program for kindergarten during the
period of approximately nine months each year when the schools of
the district or public charter schools are normally in operation
and does not include summer sessions or evening sessions. - }
{ + (b) 'Regular school program' means the regular curriculum
that is provided in the schools of the school district, including
public charter schools, and that is provided:
(A) As required full-day sessions in grades 1 through 12;
Enrolled Senate Bill 248 (SB 248-A) Page 2
(B) As required half-day sessions in kindergarten or as
optional full-day sessions in kindergarten; and
(C) During the hours and months when the schools of the school
district or public charter schools are normally in operation,
except summer sessions or evening sessions. + }
(c) 'Tuition' means payment for the cost of instruction and
does not include fees authorized under ORS 339.155.
(2) Except as provided in subsection (3) of this section,
district school boards and public charter schools may establish
tuition rates to be paid by pupils receiving instruction in
educational programs, classes or courses of study, including
traffic safety education, which are not a part of the regular
school program. Tuition charges, if made, shall not exceed the
estimated cost to the district or public charter school of
furnishing the program, class or course of study.
(3) Except as provided in ORS 336.805 for traffic safety
education:
(a) No tuition shall be charged to any resident pupil regularly
enrolled in the regular school program for special instruction
received at any time in connection therewith.
(b) No program, class or course of study for which tuition is
charged, except courses of study beyond the 12th grade, shall be
eligible for reimbursement from state funds.
SECTION 6. { + The amendments to ORS 327.106, 336.095 and
339.141 by sections 3 to 5 of this 2011 Act first apply to the
2015-2016 school year. + }
SECTION 7. ORS 327.006, as amended by section 11, chapter 846,
Oregon Laws 2007, and section 41, chapter 11, Oregon Laws 2009,
is amended to read:
327.006. As used in ORS 327.006 to 327.133, 327.348 and
327.731:
(1) 'Aggregate days membership' means the sum of days present
and absent, according to the rules of the State Board of
Education, of all resident pupils when school is actually in
session during a certain period. The aggregate days membership of
kindergarten pupils shall be calculated on the basis of a
half-day program { + for half-day kindergarten and on the basis
of a full-day program for full-day kindergarten + }.
(2)(a) 'Approved transportation costs' means those costs as
defined by rule of the State Board of Education and is limited to
those costs attributable to transporting or room and board
provided in lieu of transporting:
(A) Elementary school students who live at least one mile from
school;
(B) Secondary school students who live at least 1.5 miles from
school;
(C) Any student required to be transported for health or safety
reasons, according to supplemental plans from districts that have
been approved by the state board identifying students who are
required to be transported for health or safety reasons,
including special education;
(D) Preschool children with disabilities requiring
transportation for early intervention services provided pursuant
to ORS 343.224 and 343.533;
(E) Students who require payment of room and board in lieu of
transportation;
(F) A student transported from one school or facility to
another school or facility when the student attends both schools
or facilities during the day or week; and
Enrolled Senate Bill 248 (SB 248-A) Page 3
(G) Students participating in school-sponsored field trips that
are extensions of classroom learning experiences.
(b) 'Approved transportation costs' does not include the cost
of constructing boarding school facilities.
(3) 'Average daily membership' or 'ADM' means the aggregate
days membership of a school during a certain period divided by
the number of days the school was actually in session during the
same period. However, if a district school board adopts a class
schedule that operates throughout the year for all or any schools
in the district, average daily membership shall be computed by
the Department of Education so that the resulting average daily
membership will not be higher or lower than if the board had not
adopted such schedule.
(4) 'Consumer Price Index' means the Consumer Price Index for
All Urban Consumers of the Portland, Oregon, Metropolitan
Statistical Area, as compiled by the United States Department of
Labor, Bureau of Labor Statistics.
(5) 'Kindergarten' means a kindergarten program that conforms
to the standards and rules adopted by the State Board of
Education.
(6) 'Net operating expenditures' means the sum of expenditures
of a school district in kindergarten through grade 12 for
administration, instruction, attendance and health services,
operation of plant, maintenance of plant, fixed charges and
tuition for resident students attending in another district, as
determined in accordance with the rules of the State Board of
Education, but net operating expenditures does not include
transportation, food service, student body activities, community
services, capital outlay, debt service or expenses incurred for
nonresident students.
(7)(a) 'Resident pupil' means any pupil:
(A) Whose legal school residence is within the boundaries of a
school district reporting the pupil, if the district is legally
responsible for the education of the pupil, except that 'resident
pupil' does not include a pupil who pays tuition or for whom the
parent pays tuition or for whom the district does not pay tuition
for placement outside the district; or
(B) Whose legal residence is not within the boundaries of the
district reporting the pupil but attends school in the district
with the written consent of the affected school district boards.
(b) A pupil is not considered to be a resident pupil under
paragraph (a)(A) of this subsection if the pupil is attending
school in another school district pursuant to a contract under
ORS 339.125 and in the prior year was considered to be a resident
pupil in another school district under paragraph (a)(B) of this
subsection. The pupil shall continue to be considered a resident
of another school district under paragraph (a)(B) of this
subsection.
(c) A pupil is not considered to be a resident pupil under
paragraph (a)(B) of this subsection if the pupil is attending
school in a school district pursuant to an agreement with another
school district under ORS 339.133 and in the prior year was
considered to be a resident pupil under paragraph (a)(A) of this
subsection because the pupil was attending school in another
school district pursuant to a contract under ORS 339.125. The
pupil shall continue to be considered a resident pupil under
paragraph (a)(A) of this subsection.
(d) 'Resident pupil' includes a pupil admitted to a school
district under ORS 339.115 (7).
Enrolled Senate Bill 248 (SB 248-A) Page 4
(8) 'Standard school' means a school meeting the standards set
by the rules of the State Board of Education.
(9) 'Tax' and 'taxes' includes all taxes on property, excluding
exempt bonded indebtedness, as those terms are defined in ORS
310.140.
SECTION 8. ORS 327.077, as amended by section 7, chapter 705,
Oregon Laws 2009, is amended to read:
327.077. (1) For purposes of this section:
(a) The 'adjusted average daily membership' or 'ADMa' for an
elementary school is the average daily membership for the school,
but no less than 25.
(b) The 'adjusted average daily membership' or 'ADMa' for a
high school is the average daily membership for the school, but
no less than 60.
(2) { + (a) + } A school may qualify as a remote small
elementary school if the average daily membership in { - grades
one through - } { + kindergarten through grade + } eight for an
elementary school teaching:
{ + (A) Nine grades is below 252. + }
{ - (a) - } { + (B) + } Eight grades is below 224.
{ - (b) - } { + (C) + } Seven grades is below 196.
{ - (c) - } { + (D) + } Six grades is below 168.
{ - (d) - } { + (E) + } Five grades is below 140.
{ - (e) - } { + (F) + } Four grades is below 112.
{ - (f) - } { + (G) + } Three grades is below 84.
{ - (g) - } { + (H) + } Two grades is below 56.
{ - (h) - } { + (I) + } One grade is below 28.
{ + (b) For purposes of this subsection, kindergarten may be
included in the calculation for determining the number of grades
at an elementary school only if the kindergarten is full-day
kindergarten. + }
(3) A school may qualify as a small high school if:
(a) The school is in a school district that has an ADMw of less
than 8,500; and
(b) The average daily membership in grades 9 through 12 for a
high school teaching:
(A) Four grades is below 350.
(B) Three grades is below 267.
(4) An elementary school does not qualify as a remote small
elementary school under subsection (2) of this section if it is
within eight miles by the nearest traveled road from another
elementary school unless there are physiographic conditions that
make transportation to another school not feasible.
(5)(a) If an elementary school in a school district qualifies
as a remote small elementary school, the district shall have an
additional amount added to the district's ADMw.
(b) The additional amount = { { - 224 - } { + 252 + } -
(ADMa :(number of grades in the school : { - eight - } { +
nine + }))} X 0.0045 X ADMa X distance adjustment.
(6)(a) If a high school in a district qualifies as a small high
school, the district shall have an additional amount added to the
district's ADMw.
(b) The additional amount = {350 - (ADMa :(number of grades in
the school : four))} X 0.0029 X ADMa.
(7) The distance adjustment for an elementary school = 0.025
for each 10th of a mile more than eight miles that a school is
away from the nearest elementary school measured by the nearest
traveled road or 1.0, whichever is less.
(8)(a) A school may qualify as a remote small elementary school
under this section only if the location of the school has not
Enrolled Senate Bill 248 (SB 248-A) Page 5
changed since January 1, 1995, and if the school qualified as a
remote small school on July 18, 1995.
(b) A school may qualify as a small high school under this
section only if:
(A) The location of the school has not changed since January 1,
1995;
(B) The school qualified as a small high school on July 23,
2009; and
(C) On or after October 23, 1999, and prior to July 23, 2009,
the school was not part of a high school that divided or
otherwise reorganized into two or more high schools in the same
city.
(c) A public charter school as defined in ORS 338.005 may
qualify as a remote small elementary school under this section
only if the location of the school has not changed since January
1, 1995, and if the school qualified as a nonchartered public
remote small school on July 18, 1995.
(d) A public charter school as defined in ORS 338.005 may
qualify as a small high school under this section only if the
location of the school has not changed since January 1, 1995, and
if the school qualified as a nonchartered public remote small
school on July 18, 1995.
(e) The Superintendent of Public Instruction may waive the
requirements of paragraph (a), (b), (c) or (d) of this subsection
if the superintendent determines that exceptional circumstances
exist.
(f) An alternative education program as defined in ORS 336.615
may not qualify as a small high school under this section.
(9) The opening of a public charter school shall not disqualify
a school as a remote small elementary school under subsection (4)
of this section or change the distance adjustment for a school
under subsection (7) of this section.
(10)(a) Notwithstanding subsections (3), (6) and (8)(b) and (d)
of this section, if two high schools merge and prior to the
merger at least one of the high schools qualified as a small high
school under this section, the Department of Education shall
continue to add an additional amount pursuant to subsection (6)
of this section to the ADMw of the school district in which the
new merged high school is located that is equal to the higher of:
(A) The additional amount the school district of each of the
former small high schools would have received under this section
for the small high school based on the ADMa of each of the high
schools prior to the merger; or
(B) In the case of a high school that remains qualified as a
small high school under subsection (3) of this section after a
merger, the ADMa of the merged small high school.
(b) The department shall add the additional amount under this
subsection only for the first four fiscal years after the merger
of the two high schools is final. If the merger of the two high
schools becomes final on or before September 1, for purposes of
this paragraph the merger shall be considered final in the prior
fiscal year.
SECTION 9. 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:
Enrolled Senate Bill 248 (SB 248-A) Page 6
(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).
Enrolled Senate Bill 248 (SB 248-A) Page 7
(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 average
daily membership as defined in ORS 327.006 multiplied by 2.0;
(C) For the Juvenile Detention Education Program, the average
daily membership as defined in ORS 327.006 multiplied by 1.5; 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 10. { + The amendments to ORS 327.006, 327.077 and
327.297 by sections 7 to 9 of this 2011 Act apply to State School
Fund distributions commencing with the 2015-2016
distributions. + }
SECTION 11. ORS 336.092 is amended to read:
336.092. As used in ORS 336.092 and 336.095, unless the context
requires otherwise:
(1) 'Kindergarten child' means a child five years of age or
whose fifth birthday occurs on or before September 1 or who has
been admitted by the district school board under ORS 336.095
{ - (2) - } { + (3) + }.
(2) 'Kindergarten facilities' includes physical facilities,
supplies, equipment and personnel suitable for the education and
training of kindergarten children.
(3) 'Physical facilities' includes but is not limited to public
school buildings, rented buildings which meet health and safety
standards or homes used in school district sponsored programs.
SECTION 12. ORS 330.101 is amended to read:
330.101. (1) Before the proposed change or merger is ordered,
the district boundary board shall give notice in the manner
provided in ORS 330.400 of the proposed change or merger and the
session of the board at which it will be ordered. If no
remonstrance petition on the change or merger is submitted
requiring an election as provided in subsection (2) of this
section, the board shall issue an order that the change or merger
shall become effective as provided in ORS 330.103. The
remonstrance petition is subject to ORS 332.118. However, the
boundary board shall not issue an order until all affected
boundary boards have had opportunity to consider the proposed
change or merger.
(2) If a remonstrance petition on a proposed change or merger
signed by at least five percent or at least 500, whichever is
less, of the electors of a school district affected by the
proposed change or merger is filed with the district boundary
board within 20 days after the date of the order to effect the
proposed change or merger, and when all district boundary boards
have acted on the change or merger as provided in ORS 330.095
(3), the board shall submit the question of the proposed change
or merger to the electors of each affected school district from
Enrolled Senate Bill 248 (SB 248-A) Page 8
which a remonstrance petition was filed, with the district
boundary board acting as the district elections authority on
behalf of the school districts. Separate elections shall be held
in sequence in the districts from which remonstrance petitions
have been filed, commencing with the least populous district and
progressing in order of population to the most populous district.
If the majority of votes in each election favor the change or
merger, an election shall be held in the next most populous
district. The cost of an election on a proposed boundary change
or merger shall be prorated between or among the district school
boards involved in accordance with ORS 255.305.
(3) If the majority of votes cast in any affected district
oppose the change or merger, the change or merger shall be
defeated, and the same or a substantially similar change or
merger shall not be ordered until 12 months have elapsed from the
date of the election at which the change or merger was defeated,
unless otherwise required by law. If the vote is favorable in all
remonstrating districts, the district boundary board shall
declare the change or merger effective as provided in ORS 330.103
and issue an order without further elections.
(4) For any school district merger that is initiated
{ - under - } { + as described in + } ORS 327.106 { - (3) - }
{ + (2)(b) + }, no remonstrance petition or election shall be
allowed.
(5) When a unified elementary district with an average daily
membership of greater than 50 that has, prior to the merger, paid
tuition for the majority of its high school students to attend an
out-of-state high school merges with a district that provides
education in kindergarten and grades 1 through 12, the following
shall apply after the merger:
(a) The students who reside in the former unified elementary
district shall be authorized to attend the out-of-state high
school that the majority of the high school students of the
unified elementary district were attending during the 1992-1993
school year;
(b) The merged district shall pay tuition for the students
described in paragraph (a) of this subsection but not in an
amount greater than the district's average expenditure for high
school students; and
(c) The parents of a student who wish the student to attend the
out-of-state high school must agree to pay the difference, if
any, between what the district is authorized to pay as tuition
under paragraph (b) of this subsection and the amount of tuition
charged by the out-of-state high school.
SECTION 13. { + ORS 327.082 is repealed. + }
SECTION 14. { + The amendments to ORS 327.006, 327.077,
327.106, 327.297, 330.101, 336.092, 336.095 and 339.141 by
sections 3 to 5, 7 to 9, 11 and 12 of this 2011 Act and the
repeal of ORS 327.082 by section 13 of this 2011 Act become
operative July 1, 2015. + }
----------
Enrolled Senate Bill 248 (SB 248-A) Page 9
Passed by Senate March 24, 2011
Repassed by Senate June 21, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 21, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 248 (SB 248-A) Page 10
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 248 (SB 248-A) Page 11
