Bill Text: OR SB26 | 2011 | Regular Session | Enrolled
Bill Title: Relating to private schools; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2011-06-09 - Effective date, July 1, 2011. [SB26 Detail]
Download: Oregon-2011-SB26-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 26
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)
CHAPTER ................
AN ACT
Relating to private schools; creating new provisions; amending
ORS 289.005, 316.852, 317.488, 326.603, 339.370, 342.138,
345.585, 345.990 and 444.310; repealing ORS 345.505, 345.515,
345.525, 345.535, 345.545, 345.555, 345.565 and 345.575; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + ORS 345.505, 345.515, 345.525, 345.535,
345.545, 345.555, 345.565 and 345.575 are repealed. + }
SECTION 2. ORS 289.005, as amended by section 1, chapter 3,
Oregon Laws 2010, is amended to read:
289.005. As used in this chapter, unless the context requires
otherwise:
(1) 'Authority' means the Oregon Facilities Authority created
by this chapter.
(2) 'Bonds' or 'revenue bonds' means revenue bonds, as defined
in ORS 286A.001.
(3) 'Cost' means the cost of:
(a) Construction, acquisition, alteration, enlargement,
reconstruction and remodeling of a project, including all lands,
structures, real or personal property, rights, rights of way, air
rights, franchises, easements and interests acquired or used for
or in connection with a project;
(b) Demolition or removal of buildings or structures on land as
acquired, including the cost of acquiring lands to which the
buildings or structures may be moved;
(c) All machinery and equipment;
(d) Financing charges, interest prior to, during and for a
period after completion of construction and acquisition,
reasonably required amounts to make the project operational,
provisions for reserves for principal and interest and for
extensions, enlargements, additions, replacements, renovations
and improvements;
(e) Architectural, actuarial engineering, financial and legal
services, plans specifications, studies, surveys, estimates of
costs and of revenues, administrative expenses, expenses
necessary or incident to determining the feasibility or
practicability of constructing the project;
Enrolled Senate Bill 26 (SB 26-INTRO) Page 1
(f) Management, operation or funding of a qualified program;
and
(g) Other expenses that are necessary or incident to a project,
the financing of the project or the placing of the project in
operation.
(4) 'Cultural institution' means a public or nonprofit
institution within this state which engages in the cultural,
intellectual, scientific, environmental, educational or artistic
enrichment of the people of this state. 'Cultural institution '
includes, without limitation, aquaria, botanical societies,
historical societies, land conservation organizations, libraries,
museums, performing arts associations or societies, scientific
societies, wildlife conservation organizations and zoological
societies. 'Cultural institution' does not mean any school or any
institution primarily engaged in religious or sectarian
activities.
(5) 'Health care institution' means a public or nonprofit
organization within this state that provides health care and
related services, including but not limited to the provision of
inpatient and outpatient care, diagnostic or therapeutic
services, laboratory services, medicinal drugs, nursing care,
assisted living, elderly care and housing, including retirement
communities, and equipment used or useful for the provision of
health care and related services.
(6) 'Housing institution' means a public or nonprofit
organization within this state that provides decent, affordable
housing to low income persons.
(7) 'Institution' means a cultural institution, a health care
institution, a housing institution, an institution for higher
education, an institution for prekindergarten through grade 12
education, a school for persons with disabilities or another
nonprofit.
(8) 'Institution for higher education' means a public or
nonprofit educational institution within this state authorized by
law to provide a program of education beyond the high school
level, including community colleges and associate degree granting
institutions. 'Institution for higher education' does not mean
any school or any institution primarily engaged in religious or
sectarian activities.
(9) 'Institution for prekindergarten through grade 12
education' means an Oregon prekindergarten as defined in ORS
329.170, a public educational institution within this state
authorized by law to provide a program of education for
kindergarten through grade 12 or a nonprofit educational
institution within this state { - registered as a private
school under ORS 345.545 - } that provides a program of
education for prekindergarten through grade 12 { + as a private
school + }. ' Institution for prekindergarten through grade 12
education ' does not mean a school or institution primarily
engaged in religious or sectarian activities.
(10) 'Nonprofit' means an institution, organization or entity
within this state exempt from taxation under section 501(c)(3) of
the Internal Revenue Code as defined in ORS 314.011.
(11)(a) 'Project' means the financing or refinancing of the
costs, including, without limitation, acquisition, construction,
enlargement, remodeling, renovation, improvement, furnishing and
equipping, of the following:
(A) In the case of a participating institution that is an
institution for higher education, an institution for
prekindergarten through grade 12 education or a school for
Enrolled Senate Bill 26 (SB 26-INTRO) Page 2
persons with disabilities, a structure or structures suitable for
use as a dormitory or other multiunit housing facility for
students, faculty, officers or employees, or a dining hall,
student union, administration building, academic building,
library, laboratory, research facility, classroom, athletic
facility, health care facility, maintenance, storage or utility
facility and other structures or facilities related to any of the
structures required or used for the instruction of students, the
conducting of research or the operation of an institution for
higher education, an institution for prekindergarten through
grade 12 education or a school for persons with disabilities. It
shall also include landscaping, site preparation, furniture,
equipment and machinery and other similar items necessary or
convenient for the operation of a particular facility or
structure in the manner for which its use is intended and shall
further include any furnishings, equipment, machinery and other
similar items necessary or convenient for the operation of an
institution of higher education, an institution for
prekindergarten through grade 12 education or a school for
persons with disabilities, whether or not such items are related
to a particular facility or structure financed under this
chapter.
(B) In the case of a participating institution that is a
housing institution, a structure or structures suitable for use
as housing, including residences or multiunit housing facilities,
administration buildings, maintenance, storage or utility
facilities and other structures or facilities related to any of
the structures required or used for the operation of the housing,
including parking and other facilities or structures essential or
convenient for the orderly provision of such housing. It shall
also include landscaping, site preparation, furniture, equipment
and machinery and other similar items necessary or convenient for
the particular housing facility or structure in the manner for
which its use is intended and shall further include any
furnishings, equipment, machinery and other similar items
necessary or convenient for the provision of housing, whether or
not such items are related to a particular facility or structure
financed under this chapter.
(C) In the case of a participating institution that is a
cultural institution, a structure or structures suitable for its
purposes, whether or not to be used to provide educational
services, or research resources, including use as or in
connection with an administrative facility, aquarium, assembly
hall, auditorium, botanical garden, exhibition hall, gallery,
greenhouse, library, museum, scientific laboratory, theater or
zoological facility. It shall also include supporting facilities,
landscaping, site preparation, furniture, equipment, machinery
and other similar items necessary or convenient for the operation
of a cultural institution, whether or not such items are related
to a particular facility or structure financed under this
chapter, including books, works of art or other items for display
or exhibition.
(D) In the case of a participating institution that is a health
care institution, a structure or structures suitable for its
purposes, including hospital facilities, inpatient and outpatient
clinics, doctors' offices, administration buildings, parking,
maintenance, storage or utility facilities, nursing care or
assisted living facilities, elderly care and housing facilities,
including retirement communities, and other structures or
facilities related to any of the structures required or used for
Enrolled Senate Bill 26 (SB 26-INTRO) Page 3
the operation of the health care institution, including other
facilities or structures essential or convenient for the orderly
provision of such health care. It shall also include landscaping,
site preparation, furniture, equipment and machinery and other
similar items necessary or convenient for the particular health
care facility or structure in the manner for which its use is
intended and shall further include any working capital,
furnishings, equipment, machinery and other similar items
necessary or convenient for the provision of health care, whether
or not such items are related to a particular facility or
structure financed under this chapter.
(E) In the case of a participating institution that is a
nonprofit not otherwise specified in this subsection, a structure
or structures suitable for its purposes, including facilities or
structures essential or convenient for the orderly operations of
the nonprofit. It shall also include acquisition of interests in
land, landscaping, site preparation, furniture, equipment and
machinery and other similar items necessary or convenient for the
nonprofit, whether or not the items are related to a particular
facility or structure financed under this chapter, including
borrowings needed to alleviate interim cash flow deficits of the
nonprofit.
(F) In the case of a participating institution, costs to
manage, operate or fund a qualified program or costs to alleviate
interim cash flow deficits of the institution.
(b) 'Project' also includes any combination of one or more of
the projects undertaken jointly by one or more participating
institutions with each other or with other parties.
(c) 'Project' does not include the financing or refinancing of
the costs of a facility used or to be used for sectarian
instruction or as a place of religious worship or any facility
which is used or to be used primarily in connection with any part
of the program of a school or department of divinity for any
religious denomination.
(12) 'Qualified program' means a financing program, or other
activities, of a participating institution that is eligible for
financing through the issuance of revenue bonds the interest on
which is:
(a) Excluded from gross income for federal income tax purposes;
or
(b) Eligible for a federal tax credit or subsidy under the
Internal Revenue Code.
(13) 'School for persons with disabilities' means a public or
nonprofit primary, secondary or post-secondary school within this
state that serves students at least 70 percent of whom are
persons with disabilities as determined by one or more
appropriate education, rehabilitation, medical or mental health
authorities; is accredited by a recognized accrediting body; and
is determined by the authority to be a major resource of benefit
to persons with disabilities. 'School for persons with
disabilities' does not mean any school or any institution
primarily engaged in religious or sectarian activities.
SECTION 3. ORS 316.852 is amended to read:
316.852. (1) As used in this section:
(a) 'Contribution base' has the meaning given that term in
section 170 of the Internal Revenue Code.
(b) 'Educational institution' means:
(A) A public common or union high school district;
(B) A private school { - that has been registered under ORS
345.505 to 345.575 and - } that { + :
Enrolled Senate Bill 26 (SB 26-INTRO) Page 4
(i) + } Is an organization described in section 501(c)(3) of
the Internal Revenue Code;
{ + (ii) Offers education in prekindergarten, kindergarten or
grades 1 through 12, or any combination of those grade levels;
and
(iii) Provides instructional programs that are not limited
solely to dancing, drama, music, religious or athletic
instruction; + }
(C) An accredited public community college, college or
university located in this state; or
(D) An accredited private community college, college or
university located in this state that is an organization
described in section 501(c)(3) of the Internal Revenue Code.
(c) 'Qualified donation' means a transfer of a fee estate in
land from a taxpayer to an educational institution without
consideration of any kind given to the taxpayer by the
educational institution in exchange for the land.
(d) 'Qualified reduced sale' means a transfer of a fee estate
in land by a taxpayer to an educational institution for
consideration paid by the educational institution that is less
than the fair market value of the land at the time of transfer.
(2) There shall be added to federal taxable income the amount
that otherwise would be taken into account as a charitable
contribution deduction for a qualified donation or a qualified
reduced sale pursuant to section 170 of the Internal Revenue
Code.
(3) In the case of a qualified donation made by the taxpayer
during the tax year, the fair market value of the qualified
donation shall be subtracted from federal taxable income.
(4) In the case of a qualified reduced sale made by the
taxpayer during the tax year, the difference between the fair
market value of the land and the sale price of the land shall be
subtracted from federal taxable income.
(5) Notwithstanding subsections (3) and (4) of this section,
the subtraction allowed under this section may not exceed:
(a) In the case of a qualified donation, 50 percent of the
taxpayer's contribution base for the tax year; or
(b) In the case of a qualified reduced sale, 25 percent of the
taxpayer's contribution base for the tax year.
(6) Any subtraction not allowed because of the limitations
imposed under subsection (5) of this section may be carried
forward and claimed as a subtraction in the next succeeding tax
year. Any amount remaining unused in the next succeeding tax year
may be carried forward and used in the second succeeding tax
year, and likewise until the 15th succeeding tax year, but may
not be carried beyond the 15th succeeding tax year.
(7) If a partnership or S corporation makes a qualified
donation or qualified reduced sale during the tax year, each
partner or shareholder shall be allowed a subtraction under this
section in proportion to their ownership interest in the
partnership or S corporation.
SECTION 4. ORS 317.488 is amended to read:
317.488. (1) As used in this section:
(a) 'Educational institution' means:
(A) A public common or union high school district;
(B) A private school { - that has been registered under ORS
345.505 to 345.575 and - } that { + :
(i) + } Is an organization described in section 501(c)(3) of
the Internal Revenue Code;
Enrolled Senate Bill 26 (SB 26-INTRO) Page 5
{ + (ii) Offers education in prekindergarten, kindergarten or
grades 1 through 12, or any combination of those grade levels;
and
(iii) Provides instructional programs that are not limited
solely to dancing, drama, music, religious or athletic
instruction; + }
(C) An accredited public community college, college or
university located in this state; or
(D) An accredited private community college, college or
university located in this state that is an organization
described in section 501(c)(3) of the Internal Revenue Code.
(b) 'Qualified donation' means a transfer of a fee estate in
land from a taxpayer to an educational institution without
consideration of any kind given to the taxpayer by the
educational institution in exchange for the land.
(c) 'Qualified reduced sale' means a transfer of a fee estate
in land by a taxpayer to an educational institution for
consideration paid by the educational institution that is less
than the fair market value of the land at the time of transfer.
(2) There shall be added to federal taxable income the amount
that otherwise would be taken into account as a charitable
contribution deduction for a qualified donation or a qualified
reduced sale pursuant to section 170 of the Internal Revenue
Code.
(3) In the case of a qualified donation made by the taxpayer
during the tax year, the fair market value of the qualified
donation shall be subtracted from federal taxable income.
(4) In the case of a qualified reduced sale made by the
taxpayer during the tax year, the difference between the fair
market value of the land and the sale price of the land shall be
subtracted from federal taxable income.
(5) Notwithstanding subsections (3) and (4) of this section,
the subtraction allowed under this section may not exceed:
(a) In the case of a qualified donation, 50 percent of Oregon
taxable income computed without regard to this section, ORS
317.476 or section 170 of the Internal Revenue Code; or
(b) In the case of a qualified reduced sale, 25 percent of
Oregon taxable income computed without regard to this section,
ORS 317.476 or section 170 of the Internal Revenue Code.
(6) Any subtraction not allowed because of the limitations
imposed under subsection (5) of this section may be carried
forward and claimed as a subtraction in the next succeeding tax
year. Any amount remaining unused in the next succeeding tax year
may be carried forward and used in the second succeeding tax
year, and likewise until the 15th succeeding tax year, but may
not be carried beyond the 15th succeeding tax year.
SECTION 5. ORS 326.603 is amended to read:
326.603. (1) For the purposes of requesting a state or
nationwide criminal records check under ORS 181.534, the
Department of Education may require the fingerprints of:
(a) A school district or private school contractor, whether
part-time or full-time, or an employee of a contractor, whether
part-time or full-time, who has direct, unsupervised contact with
students as determined by the district or private school.
(b) A person newly hired, whether part-time or full-time, by a
school district or private school in a capacity not described in
ORS 342.223 (1).
(c) A person who is a community college faculty member
providing instruction at a kindergarten through grade 12 school
site during the regular school day.
Enrolled Senate Bill 26 (SB 26-INTRO) Page 6
(d) A person who is an employee of a public charter school.
(2)(a) A school district shall send to the Department of
Education for purposes of a criminal records check any
information, including fingerprints, for each person described in
subsection (1) of this section.
(b) A private school may send to the Department of Education
for purposes of a criminal records check any information,
including fingerprints, for each person described in subsection
(1)(a), (b) or (c) of this section.
(3) The Department of Education shall request that the
Department of State Police conduct a criminal records check as
provided in ORS 181.534 and may charge the school district or
private school a fee as established by rule under ORS 181.534.
The school district or private school may recover its costs or a
portion thereof from the person described in subsection (1) of
this section. If the person described in subsection (1)(b) or (d)
of this section requests, the school district shall and a private
school may withhold the amount from amounts otherwise due the
person, including a periodic payroll deduction rather than a lump
sum payment.
(4) Notwithstanding subsection (1) of this section, the
Department of Education may not require fingerprints of a person
described in subsection (1) of this section if the person or the
person's employer was checked in one school district or private
school and is currently seeking to work in another district or
private school unless the person lived outside this state during
the interval between the two periods of time of working in the
district or private school.
(5) Nothing in this section requires a person described in
subsection (1)(a), (b) or (d) of this section to submit to
fingerprinting until the person has been offered employment or a
contract by a school district or private school. Contractor
employees may not be required to submit to fingerprinting until
the contractor has been offered a contract.
(6) If a person described in subsection (1) of this section
states on a criminal history form provided by the Department of
Education that the person has not been convicted of a crime but
the criminal records check indicates that the person has a
conviction, the department shall determine whether the person
knowingly made a false statement as to the conviction. The
department shall develop a process and criteria to use for
appeals of a determination under this subsection.
(7)(a) The Superintendent of Public Instruction shall inform a
school district or private school if a person described in
subsection (1) of this section has been convicted of a crime
listed in ORS 342.143 (3) or has knowingly made a false statement
on a criminal history form provided by the Department of
Education as to the conviction of any crime.
(b) If a person described in subsection (1) of this section has
been convicted of a crime listed in ORS 342.143 (3), a school
district may not employ or contract with the person and a private
school may choose not to employ or contract with the person.
Notification by the superintendent that the school district may
not employ or contract with the person shall remove the person
from any school district policies, collective bargaining
provisions regarding dismissal procedures and appeals and the
provisions of ORS 342.805 to 342.937.
(c) If a person described in subsection (1) of this section has
knowingly made a false statement on a criminal history form
provided by the Department of Education as to the conviction of a
Enrolled Senate Bill 26 (SB 26-INTRO) Page 7
crime not listed in ORS 342.143 (3), a school district or private
school may choose to employ or contract with the person.
(8) If a person described in subsection (1) of this section
refuses to consent to the criminal records check or refuses to be
fingerprinted, the school district shall terminate the employment
or contract status of the person. Termination under this
subsection removes the person from any school district policies,
collective bargaining provisions regarding dismissal procedures
and appeals and the provisions of ORS 342.805 to 342.937.
(9) A school district may not hire or continue to employ or
contract with or allow the contractor to continue to assign a
person to the school project if the person described in
subsection (1) of this section has been convicted of a crime
according to the provisions of ORS 342.143.
(10) As used in this section and ORS 326.607:
(a) 'Private school' means a school that { - provides
educational services as defined in ORS 345.505 and is registered
as a private school under ORS 345.505 to 345.575. - } { + :
(A) Offers education in prekindergarten, kindergarten or grades
1 through 12, or any combination of those grade levels; and
(B) Provides instructional programs that are not limited solely
to dancing, drama, music, religious or athletic instruction. + }
(b) 'School district' means:
(A) A school district as defined in ORS 330.003.
(B) The Oregon School for the Deaf.
(C) An educational program under the Youth Corrections
Education Program.
(D) A public charter school as defined in ORS 338.005.
(E) An education service district.
SECTION 6. ORS 339.370 is amended to read:
339.370. As used in ORS 339.370 to 339.400:
(1) 'Abuse' has the meaning given that term in ORS 419B.005.
(2) 'Disciplinary records' means the records related to a
personnel discipline action or materials or documents supporting
that action.
(3) 'Education provider' means:
(a) A school district, as defined in ORS 332.002.
(b) The Oregon School for the Deaf.
(c) An educational program under the Youth Corrections
Education Program.
(d) A public charter school, as defined in ORS 338.005.
(e) An education service district, as defined in ORS 334.003.
(f) Any state-operated program that provides educational
services to kindergarten through grade 12 students.
(g) A private school.
(4) 'Investigation' means a detailed inquiry into the factual
allegations of a report of suspected child abuse or sexual
conduct that:
(a) Is based on interviews with the complainant, witnesses and
the school employee who is the subject of the report; and
(b) Meets any negotiated standards of an employment contract or
agreement.
(5) 'Law enforcement agency' has the meaning given that term in
ORS 419B.005.
(6) 'Private school' means a school that provides
{ - educational services, as defined in ORS 345.505, - } to
kindergarten through grade 12 students { + instructional
programs that are not limited solely to dancing, drama, music,
religious or athletic instruction + }.
Enrolled Senate Bill 26 (SB 26-INTRO) Page 8
(7) 'School board' means the governing board or governing body
of an education provider.
(8) 'School employee' means an employee of an education
provider.
(9)(a) 'Sexual conduct' means any verbal or physical conduct by
a school employee that:
(A) Is sexual in nature;
(B) Is directed toward a kindergarten through grade 12 student;
(C) Has the effect of unreasonably interfering with a student's
educational performance; and
(D) Creates an intimidating, hostile or offensive educational
environment.
(b) 'Sexual conduct' does not include abuse.
(10) 'Substantiated report' means a report of child abuse or
sexual conduct that:
(a) An education provider has reasonable cause to believe is
founded based on the available evidence after conducting an
investigation; and
(b) Involves conduct that the education provider determines is
sufficiently serious to be documented in the school employee's
personnel file.
SECTION 7. ORS 342.138 is amended to read:
342.138. (1) A continuing teaching, personnel service or
administrative license shall qualify the holder to accept any
assignments for preprimary through grade 12 for which the holder
has completed the advanced requirements established by the rules
of the Teacher Standards and Practices Commission.
(2) A continuing license shall be issued on application for
five years to an otherwise qualified person who has:
(a) Completed an advanced professional education program
approved by the commission;
(b) Been employed for a minimum period of time to be determined
by the commission in:
(A) An Oregon public school;
(B) An Oregon private school that meets the standards adopted
by the commission by rule { - or is registered as a private
school under ORS 345.505 to 345.575 - } ; or
(C) Another educational setting approved by the commission; and
(c) Demonstrated minimum competencies, knowledge and skills
required for the continuing license through an approved teacher
education institution, school district, professional organization
identified in ORS 342.121, or professional assessment approved by
the commission.
(3) The holder of a continuing license may renew the continuing
license in accordance with the rules of the commission.
SECTION 8. ORS 345.990 is amended to read:
345.990. { - (1) - } Violation of any provision of ORS
345.020, 345.030, 345.070, 345.115 or 345.325 is a Class B
misdemeanor.
{ - (2) Representation by a private school, as defined in ORS
345.505, that it is registered pursuant to ORS 345.505 to 345.575
when it is not registered is a Class C misdemeanor. - }
SECTION 9. ORS 444.310 is amended to read:
444.310. The Oregon Health Authority shall conduct an annual
survey, to be completed by June 15, of all public schools
{ - , - } { + and + } public charter schools { - and
registered private schools - } in Oregon to collect data about
diabetes occurring in students. Each school surveyed shall report
to the authority for each student enrolled at the school who has
Type 1 or Type II diabetes:
Enrolled Senate Bill 26 (SB 26-INTRO) Page 9
(1) The name and address of the student;
(2) The gender of the student;
(3) The date of birth of the student;
(4) The type of diabetes diagnosed; and
(5) The date of diagnosis.
SECTION 10. { + ORS 345.585 is added to and made a part of ORS
chapter 342. + }
SECTION 11. ORS 345.585 is amended to read:
345.585. { - Teaching experience in a registered private
school, as defined in ORS 345.505, or licensed career school, as
defined in ORS 345.010, shall apply to meeting - } The
requirements of ORS 342.135 (3)(a), 342.136 and 342.138
{ - . - } { + may be met by teaching experience in:
(1) A licensed career school, as defined in ORS 345.010.
(2) A private school that meets standards adopted by the
Teacher Standards and Practices Commission by rule. + }
SECTION 12. { + 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 April 5, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 24, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 26 (SB 26-INTRO) 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 26 (SB 26-INTRO) Page 11
