Bill Text: OR SB927 | 2011 | Regular Session | Introduced
Bill Title: Relating to online education; declaring an emergency.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB927 Detail]
Download: Oregon-2011-SB927-Introduced.html
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 2242
Senate Bill 927
Sponsored by Senator BONAMICI, Representative HARKER
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.
Establishes Oregon Option Consortium for purpose of providing
online courses to students in kindergarten through grade 12.
Establishes Oregon Option Advisory Committee. Directs advisory
committee to establish standards and requirements for Oregon
Option Consortium.
Provides requirements for public charter school related to
provision of online courses to school. Allows public charter
school to become established as virtual alternative education
program.
Declares emergency, effective July 1, 2011.
A BILL FOR AN ACT
Relating to online education; creating new provisions; amending
ORS 329.840, 329.842, 336.615, 336.635, 338.005, 338.025,
338.035 and 338.135; repealing ORS 338.120 and sections 9, 13b
and 13c, chapter 691, Oregon Laws 2009, and sections 6 and 11,
chapter 72, Oregon Laws 2010; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Oregon Option Consortium is established
within the Department of Education for the purpose of operating
through the Oregon Virtual School District established in ORS
329.840.
(2) The consortium consists of providers of online courses that
meet standards and requirements established by the Oregon Option
Advisory Committee established in section 2 of this 2011 Act and
that are available through school districts and education service
districts for students in kindergarten through grade 12 who are
eligible to enroll in the courses, as described in section 5 of
this 2011 Act. The providers shall provide the courses for a fee
determined by the Oregon Option Advisory Committee.
(3) The providers that make up the consortium may include
school districts, education service districts, community colleges
or state institutions of higher education or any private entities
that comply with the fee levels, policies and other terms as
established by the Oregon Option Consortium's Oregon Option
Advisory Committee.
(4) The Oregon Option Consortium shall:
(a) Operate through the Oregon Virtual School District; and
(b) Satisfy the standards and requirements established by:
(A) The Oregon Option Advisory Committee for the consortium
under section 2 of this 2011 Act; and
(B) The State Board of Education for the Oregon Virtual School
District under ORS 329.840. + }
SECTION 2. { + (1) The Oregon Option Advisory Committee is
established.
(2) The purpose of the advisory committee is to establish
standards and requirements related to:
(a) Courses provided through the Oregon Option Consortium,
which must be consistent with section 3 of this 2011 Act;
(b) Persons who teach courses provided through the Oregon
Option Consortium, which must be consistent with section 4 of
this 2011 Act; and
(c) The operation of the Oregon Option Consortium.
(3) The advisory committee shall consist of:
(a) One representative of each provider in the consortium;
(b) One representative of school districts;
(c) One representative of school district administrators;
(d) One representative of school district teachers;
(e) One representative of school district classified employees;
(f) One representative of education service districts;
(g) One representative of a community college or a state
institution of higher education; and
(h) One representative of the Department of Education.
(4) The members of the advisory committee shall elect from
among its members persons to serve as chairperson, vice
chairperson and secretary, for such terms and with such duties
necessary for the functions of the advisory committee.
(5) Members of the advisory committee are not entitled to
compensation or expenses and shall serve on the advisory
committee on a volunteer basis.
(6) The advisory committee shall meet at least once each
calendar quarter at a time and place specified by the call of the
chairperson or of a majority of the members of the advisory
committee.
(7) The advisory committee may accept contributions of moneys
and assistance from the United States Government or its agencies
or from any other source, public or private, and agree to the
conditions placed on the moneys not inconsistent with the duties
of the Oregon Option Consortium. + }
SECTION 3. { + (1) Courses provided through the Oregon Option
Consortium must meet standards and requirements established by
the Oregon Option Advisory Committee that are consistent with
this section.
(2) Courses provided through the Oregon Option Consortium:
(a) May be provided for any grade from kindergarten through
grade 12;
(b) Shall be available for a fee established by the Oregon
Option Advisory Committee and payable to the Oregon Option
Consortium; and
(c) Shall meet academic content standards, as defined in ORS
329.007, and meet other academic criteria adopted by the State
Board of Education.
(3) The advisory committee may establish student-to-teacher
ratio requirements for courses provided through the Oregon Option
Consortium. + }
SECTION 4. { + (1) Persons who teach courses provided through
the Oregon Option Consortium must meet standards and requirements
established by the Oregon Option Advisory Committee that are
consistent with this section.
(2) A person who teaches a course through the Oregon Option
Consortium must:
(a) Be properly licensed for a person employed by a school
district or an education service district; and
(b) Receive professional development that enables the person to
effectively teach online courses and that is of high quality, as
determined by the Oregon Option Advisory Committee.
(3) A person who teaches an online course through the Oregon
Option Consortium and who is an employee of a school district or
education service district shall:
(a) Meet the requirements for a person who teaches an online
course, as described in subsection (2) of this section;
(b) Remain an employee of the district; and
(c) Provide teaching services through the Oregon Option
Consortium under a contract or other agreement with a provider.
(4) A person who teaches an online course through the Oregon
Option Consortium and who is an employee of a private entity
shall:
(a) Meet the requirements for a person who teaches an online
course, as described in subsection (2) of this section; and
(b) Provide teaching services through the Oregon Option
Consortium under a contract or other agreement with a
provider. + }
SECTION 5. { + The Oregon Option Advisory Committee must
collaborate with the provider of a course provided through the
Oregon Option Consortium to ensure that:
(1) The course advances academic achievement, improves student
learning and meets academic content standards required by ORS
329.045.
(2) The course has performance criteria that will measure the
progress of the academic achievement of students.
(3) The method by which the course is delivered is capable of:
(a) Monitoring and tracking student progress and attendance;
and
(b) Providing student assessments in a manner that ensures that
an individual student is being assessed and that the assessment
is valid.
(4) Any advertising or other promotional materials related to
the course clearly state that the course is publicly funded.
(5) Student records are created in relation to the course, are
maintained at a designated central office of operations and are
made available to the school district or education service
district that purchased the course.
(6) A student enrolled in a course has sufficient access to
computer and printer equipment and to Internet service to ensure
that the student may effectively participate in the course. The
Oregon Option Advisory Committee shall adopt policies that allow
a parent or guardian of a student to request assistance in
accessing equipment and service if the parent or guardian
believes that the parent or guardian would experience a severe
financial hardship by providing the equipment or service to the
student. Access shall be provided in a manner determined by the
Oregon Option Advisory Committee, and may:
(a) Include the temporary provision of equipment or cost
reimbursements; and
(b) Cover all or a portion of the costs of providing access to
the student.
(7) Students have the opportunity to participate in meetings at
least twice a week with the teacher of the course, either in
person or through the use of conference calls or other
technology.
(8) If the course is part of an educational program that
primarily serves students online:
(a) Students have the opportunity to participate in at least
six optional educational events at a location selected to provide
convenient access to all students enrolled in the course who want
to participate; and
(b) Students have the opportunity to participate in
face-to-face meetings with a teacher at least six times each
school year.
(9) If the provider is a private entity, the provider:
(a) Has on file the private entity's budget for the provision
of courses and that the budget itemizes:
(A) The salaries of supervisory and management personnel and
consultants who are providing online courses or related services
in this state; and
(B) The annual operating expenses and profit margin of the
private entity for providing online courses in this state.
(b) Makes available, upon request, the documents described in
paragraph (a) of this subsection. + }
SECTION 6. { + (1) Except as limited by subsections (2) and
(3) of this section, all school districts and education service
districts must allow all students that are determined to be
eligible students under section 7 of this 2011 Act to access
courses provided through the Oregon Option Consortium.
(2) Except as provided by subsection (3) of this section, a
school district or an education service district may limit the
number of students who enroll in courses provided through the
Oregon Option Consortium if five percent or more of the students
of the school district or education service district are enrolled
in courses that are purchased by the district through the Oregon
Option Consortium.
(3) A school district or an education service district may
request a renewable two-year waiver from the Department of
Education to impose a greater limitation than the limitation
described in subsection (2) of this section if the district is
able to show that:
(a) The district provides online courses to the students of the
district free of charge and not through the Oregon Option
Consortium;
(b) Compliance with subsection (1) of this section would
adversely impact the finances of the school district or education
service district; or
(c) Technological barriers of the school district, the
education service district or the community impair the ability of
students to access online courses.
(4) A student may enroll in a course provided through the
Oregon Option Consortium even if a school district or an
education service district has met the limit described in
subsection (2) of this section and not been granted a waiver
described in subsection (3) of this section if:
(a) The student is determined to be an eligible student under
section 7 of this 2011 Act; and
(b) The student's extended illness or failure to pass a
required class prevents a student from graduating on time unless
the student enrolls in a course provided through the Oregon
Option Consortium. + }
SECTION 7. { + (1) A student is determined to be an eligible
student for the purpose of enrolling in courses provided through
the Oregon Option Consortium if the student:
(a) Is enrolled in a public school in this state;
(b) Has developed an educational learning plan as provided by
subsection (2) of this section; and
(c) Otherwise meets any requirements established under this
section.
(2) The resident school district for a student shall establish
an advisory support team to develop an educational learning plan
for each student who wishes to enroll in a course provided
through the Oregon Option Consortium. The advisory support team
may include the student, the student's parent or guardian, and
the student's teacher or counselor. The educational learning plan
may include:
(a) The student's short-term and long-term learning goals and
proposed activities;
(b) The relationship of the courses and the student's learning
goals; and
(c) A determination of the appropriateness of the use of online
courses for the student with respect to the student's age,
maturity, self-discipline, ability and other educational factors.
(3) A student's coursework for a term may partially or
completely consist of courses provided through the Oregon Option
Consortium.
(4) A student who takes a course or courses provided through
the Oregon Option Consortium remains a resident of the student's
resident school district for the purposes of State School Fund
distributions, special education and related services, English as
a second language programs, counseling and advising services and
extracurricular activities. + }
SECTION 8. ORS 329.840 is amended to read:
329.840. (1) { - There is created - } The Oregon Virtual
School District { + is established + } within the Department of
Education. The purpose of the Oregon Virtual School District is
to provide online courses to kindergarten through grade 12 public
school students.
{ - (2) The Oregon Virtual School District shall provide
online courses that meet academic content standards as defined in
ORS 329.007 and meet other criteria adopted by the State Board of
Education. Any person who teaches an online course must be
properly licensed or registered as required by ORS 338.135 and
342.173 for a person employed by a school district or public
charter school. All school districts and public charter schools
may allow students to access the online courses offered by the
Oregon Virtual School District. - }
{ - (3) The Superintendent of Public Instruction may contract
with education service districts, school districts, public
charter schools, community colleges, state institutions of higher
education or any other public entity to provide online courses
through the Oregon Virtual School District. - }
{ - (4) - } { + (2) + } Statutes and rules that apply to
other school districts do not apply to the Oregon Virtual School
District { + , + } except as provided { - under this section
or - } by rule of the State Board of Education. The Oregon
Virtual School District is not considered a school district for
purposes of apportionment of the State School Fund and the
department may not receive a direct apportionment under ORS
327.008 from the State School Fund for the Oregon Virtual School
District.
{ - (5) - } { + (3) + } The board { + , in consultation
with the Oregon Option Advisory Committee, + } may adopt the
rules necessary for the administration of the Oregon Virtual
School District { + . + } { - and shall adopt rules to
establish: - }
{ - (a) The procedure and criteria to be used for the
selection of online courses to be offered through the Oregon
Virtual School District; - }
{ - (b) The qualifications of students who may access online
courses through the Oregon Virtual School District; - }
{ - (c) The number of credits for which students may access
online courses through the Oregon Virtual School District;
and - }
{ - (d) The student-to-teacher ratio for online courses
offered through the Oregon Virtual School District. - }
SECTION 9. ORS 329.842 is amended to read:
329.842. (1) The Oregon Virtual School District Fund is
established in the State Treasury, separate and distinct from the
General Fund. Interest earned by the Oregon Virtual School
District Fund shall be credited to the fund. All moneys in the
fund are continuously appropriated to the Department of Education
for the administration of the Oregon Virtual School District
{ - created - } { + established + } under ORS 329.840 { +
and the Oregon Option Consortium established by section 1 of this
2011 Act + }.
(2) Any moneys received by the department for the purpose of
the Oregon Virtual School District shall be deposited in the
fund.
SECTION 10. { + Section 11 of this 2011 Act is added to and
made a part of ORS chapter 338. + }
SECTION 11. { + (1) A public charter school may provide online
courses to students of the school by:
(a) Purchasing the courses from the Oregon Option Consortium
established by section 1 of this 2011 Act;
(b) Providing courses that have been purchased from the Oregon
Option Consortium by the sponsor of the public charter school or
by the education service district of the public charter school
for use by the public charter school; or
(c) Becoming a provider that is a member of the Oregon Option
Consortium.
(2) If a public charter school wishes to provide online courses
to the students of the school without complying with the
requirements of subsection (1) of this section, the public
charter school must convert to a virtual alternative education
program as provided by ORS 336.615 to 336.675. + }
SECTION 12. { + Section 11 of this 2011 Act first applies to:
(1) The 2012-2013 school year for public charter schools that
are not virtual public charter schools on the effective date of
this 2011 Act.
(2) The 2013-2014 school year for public charter schools that
were virtual public charter schools prior to the effective date
of this 2011 Act. + }
SECTION 13. ORS 338.005 is amended to read:
338.005. As used in this chapter, unless the context requires
otherwise:
(1) 'Applicant' means any person or group that develops and
submits a written proposal for a public charter school to a
sponsor.
(2) 'Public charter school' means an elementary or secondary
school offering a comprehensive instructional program operating
under a written agreement entered into between a sponsor and an
applicant and operating pursuant to this chapter.
(3) 'Remote and necessary school district' means a school
district that offers kindergarten through grade 12 and has:
(a) An average daily membership (ADM), as defined in ORS
327.006, in the prior fiscal year of less than 110; and
(b) A school that is located, by the nearest traveled road,
more than 20 miles from the nearest school or from a city with a
population of more than 5,000.
(4) 'Sponsor' means:
(a) The board of the common school district or the union high
school district in which the public charter school is located
that has developed a written charter with an applicant to create
a public charter school.
(b) The State Board of Education pursuant to ORS 338.075.
{ - (5)(a) 'Virtual public charter school' means a public
charter school that provides online courses. - }
{ - (b) 'Virtual public charter school' does not include a
public charter school that primarily serves students in a
physical location. - }
SECTION 14. ORS 338.025, as amended by section 4, chapter 53,
Oregon Laws 2010, and section 3, chapter 72, Oregon Laws 2010, is
amended to read:
338.025. (1) The State Board of Education may adopt any rules
necessary for the implementation of this chapter. The rules shall
follow the intent of this chapter.
(2) Upon application by a public charter school, the State
Board of Education may grant a waiver of any provision of this
chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families
to the public education of their choice, extends the equitable
access to public support by all students or permits high quality
programs of unusual cost. The State Board of Education may not
waive any appeal provision in this chapter or any provision under
ORS 338.115 (1)(a) to (t) { - or 338.120 - } { + or section
11 of this 2011 Act + }.
SECTION 15. ORS 338.025, as amended by section 8, chapter 839,
Oregon Laws 2007, section 14, chapter 50, Oregon Laws 2008,
section 5, chapter 53, Oregon Laws 2010, and section 4, chapter
72, Oregon Laws 2010, is amended to read:
338.025. (1) The State Board of Education may adopt any rules
necessary for the implementation of this chapter. The rules shall
follow the intent of this chapter.
(2) Upon application by a public charter school, the State
Board of Education may grant a waiver of any provision of this
chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families
to the public education of their choice, extends the equitable
access to public support by all students or permits high quality
programs of unusual cost. The State Board of Education may not
waive any appeal provision in this chapter or any provision under
ORS 338.115 (1)(a) to (u) { - or 338.120 - } { + or section
11 of this 2011 Act + }.
SECTION 16. ORS 338.035 is amended to read:
338.035. (1) A public charter school may be established:
(a) As a new public school;
{ - (b) As a virtual public charter school; - }
{ - (c) - } { + (b) + } From an existing public school or a
portion of the school; or
{ - (d) - } { + (c) + } From an existing alternative
education program, as defined in ORS 336.615.
(2)(a) Before a public charter school may operate as a public
charter school, it must:
(A) Be approved by a sponsor;
(B) Be established as a nonprofit organization under the laws
of Oregon; and
(C) Have applied to qualify as an exempt organization under
section 501(c)(3) of the Internal Revenue Code.
(b) Notwithstanding paragraph (a) of this subsection, the
requirements of paragraph (a)(B) and (C) of this subsection do
not apply to:
(A) A school in a school district that is composed of only one
school; and
(B) A school in a school district that is a remote and
necessary school district on the date the school first begins
operation as a public charter school.
(3) An applicant seeking to establish a public charter school
shall submit a proposal pursuant to ORS 338.045 to the school
district board of the school district within which the public
charter school will be located at least 120 days prior to the
date upon which the public charter school would begin operating.
However, it is recommended that an applicant consult with the
school district board prior to submitting a proposal.
(4) An applicant seeking to establish a public charter school
shall provide to the State Board of Education a copy of any
proposal submitted to a school district board under ORS 338.045
and a copy of any subsequent approval by the school district
board.
(5)(a) One or more, but not all, schools in a school district
may become public charter schools.
(b) Notwithstanding paragraph (a) of this subsection, a school
in a school district that is composed of only one school may
become a public charter school.
(6)(a) A school district board or the State Board of Education
may not approve a public charter school proposal that authorizes
the conversion of any private school that is tuition based to a
public charter school.
(b) Notwithstanding paragraph (a) of this subsection, a school
district board or the State Board of Education may authorize the
conversion of an existing alternative education program, as
defined in ORS 336.615, to a public charter school.
(7) A school district board or the State Board of Education may
not approve a public charter school proposal that is affiliated
with a nonpublic sectarian school or a religious institution.
SECTION 17. { + (1) Except as provided by subsection (2) of
this section, the amendments to ORS 338.035 by section 16 of this
2011 Act apply to public charter schools that are established on
or after the effective date of this 2011 Act.
(2) The amendments to ORS 338.035 by section 16 of this 2011
Act first apply July 1, 2013, for a public charter school that
was a virtual public charter school prior to the effective date
of this 2011 Act. + }
SECTION 18. ORS 338.135 is amended to read:
338.135. (1) Employee assignment to a public charter school
shall be voluntary.
(2) { - (a) - } A public charter school or the sponsor of the
public charter school is considered the employer of any employees
of the public charter school. If a school district board is not
the sponsor of the public charter school, the school district
board may not be the employer of the employees of the public
charter school and the school district board may not collectively
bargain with the employees of the public charter school. The
public charter school governing body shall control the selection
of employees at the public charter school.
{ - (b) If a virtual public charter school or the sponsor of
a virtual public charter school contracts with a for-profit
entity to provide educational services through the virtual public
charter school, the for-profit entity may not be the employer of
any employees of the virtual public charter school. - }
(3) The school district board of the school district within
which the public charter school is located shall grant a leave of
absence to any employee who chooses to work in the public charter
school. The length and terms of the leave of absence shall be set
by negotiated agreement or by board policy. However, the length
of the leave of absence may not be less than two years unless:
(a) The charter of the public charter school is terminated or
the public charter school is dissolved or closed during the leave
of absence; or
(b) The employee and the school district board have mutually
agreed to a different length of time.
(4) An employee of a public charter school operating within a
school district who is granted a leave of absence from the school
district and returns to employment with the school district shall
retain seniority and benefits as an employee pursuant to the
terms of the leave of absence. Notwithstanding ORS 243.650 to
243.782, a school district that was the employer of an employee
of a public charter school not operating within the school
district may make provisions for the return of the employee to
employment with the school district.
(5) For purposes of ORS chapters 238 and 238A, a public charter
school shall be considered a public employer and as such shall
participate in the Public Employees Retirement System.
(6) For teacher licensing, employment experience in public
charter schools shall be considered equivalent to experience in
public schools.
(7)(a) Any person employed as an administrator in a public
charter school shall be licensed or registered to administer by
the Teacher Standards and Practices Commission.
(b) Any person employed as a teacher in a public charter school
shall be licensed or registered to teach by the commission.
(c) Notwithstanding paragraph (a) or (b) of this subsection, at
least one-half of the total full-time equivalent (FTE) teaching
and administrative staff at the public charter school shall be
licensed by the commission pursuant to ORS 342.135, 342.136,
342.138 or 342.140.
(8) Notwithstanding ORS 243.650, a public charter school shall
be considered a school district for purposes of ORS 243.650 to
243.782. An employee of a public charter school may be a member
of a labor organization or organize with other employees to
bargain collectively. Bargaining units at the public charter
school may be separate from other bargaining units of the sponsor
or of the school district in which the public charter school is
located. Employees of a public charter school may be part of the
bargaining units of the sponsor or of the school district in
which the public charter school is located.
(9) A school district or the State Board of Education may not
waive the right to sponsor a public charter school in a
collective bargaining agreement.
SECTION 19. { + ORS 338.120 and sections 9, 13b and 13c,
chapter 691, Oregon Laws 2009, and sections 6 and 11, chapter 72,
Oregon Laws 2010, are repealed. + }
SECTION 20. ORS 336.615 is amended to read:
336.615. As used in ORS 336.615 to 336.675 { - , - } { + :
(1) + } 'Alternative education program' means a school or
separate class group designed to best serve students' educational
needs and interests and assist students in achieving the academic
standards of the school district and the state.
{ + (2) 'Virtual alternative education program' means an
alternative education program that provides online courses and
that does not primarily serve students in a physical
location. + }
SECTION 21. { + Sections 22 and 23 of this 2011 Act are added
to and made a part of ORS 336.615 to 336.675. + }
SECTION 22. { + (1) A provider of a comprehensive course of
study through online courses may become established as a virtual
alternative education program.
(2) A virtual alternative education program must meet all
requirements of alternative education programs, as provided by
ORS 336.615 to 336.675. + }
SECTION 23. { + In addition to any other requirements provided
by ORS 336.615 to 336.675, a virtual alternative education
program shall ensure that:
(1) Courses advance academic achievement, improve student
learning and meet academic content standards required by ORS
329.045.
(2) Courses have performance criteria that will measure the
progress of the academic achievement of students.
(3) The method by which courses are delivered is capable of:
(a) Monitoring and tracking student progress and attendance;
and
(b) Providing student assessments in a manner that ensures that
an individual student is being assessed and that the assessment
is valid.
(4) Any advertising or other promotional materials related to
courses clearly state that courses are publicly funded.
(5) Student records are created in relation to the course, are
maintained at a designated central office of operations and are
made available to the resident school district.
(6) A student enrolled in a course has sufficient access to
computer and printer equipment and to Internet service to ensure
that the student may effectively participate in the course. The
State Board of Education shall adopt policies that allow a parent
or guardian of a student to request assistance in accessing
equipment and service if the parent or guardian believes that the
parent or guardian would experience a severe financial hardship
by providing the equipment or service to the student. Access
shall be provided in a manner determined by the State Board of
Education, and may:
(a) Include the temporary provision of equipment or cost
reimbursements; and
(b) Cover all or a portion of the costs of providing access to
the student.
(7) Students have the opportunity to participate in meetings at
least twice a week with the teachers of courses, either in person
or through the use of conference calls or other technology.
(8) If the courses are part of an educational program that
primarily serves students online:
(a) Students have the opportunity to participate in at least
six optional educational events at a location selected to provide
convenient access to all students enrolled in the courses who
want to participate; and
(b) Students have the opportunity to participate in
face-to-face meetings with a teacher at least six times each
school year.
(9) For any private entity with which a virtual alternative
education provider has entered into a contract to provide
courses, the virtual alternative education provider:
(a) Has on file the private entity's budget for the provision
of the course and that the budget itemizes:
(A) The salaries of supervisory and management personnel and
consultants who are providing online courses or related services
in this state; and
(B) The annual operating expenses and profit margin of the
private entity for providing online courses in this state.
(b) Makes available, upon request, the documents described in
paragraph (a) of this subsection. + }
SECTION 24. ORS 336.635 is amended to read:
336.635. (1) The parent or guardian of a student may enroll the
student in one of the proposed public alternative education
programs or private alternative education programs of instruction
or instruction combined with counseling if:
(a) The enrollment is necessary to meet the student's
educational needs and interests.
(b) The program is appropriate and accessible to the student.
(c) For a program in a school district in which the student is
a resident, the resident school district approves the enrollment.
(d) For a program in a school district in which the student is
not a resident, the resident school district and the attending
school district approve the enrollment.
(e) For a private alternative education program, the program is
registered with the Department of Education.
(2) If the student is eligible for special education under ORS
343.221 to 343.236 and 343.261 to 343.295, the program must be
approved by the Department of Education prior to the placement of
the student in the program.
(3) A student enrolled pursuant to this section is considered
enrolled in the schools of the district offering the program for
purposes of the distribution of the State School Fund.
(4) An alternative education program that is offered to a
student who is not a resident of the school district may bill
tuition to the school district where the student is a resident.
The billing may be made annually or at the end of each term or
semester of the alternative education program. For each full-time
equivalent student enrolled in the alternative education program,
the resident school district shall pay the actual cost of the
program or an amount at least equivalent to 80 percent of the
district's estimated current year's average per student net
operating expenditure, whichever is less, in accordance with
rules adopted by the State Board of Education. The alternative
education program is accountable for the expenditures of all
State School Fund moneys and other local school support moneys
and shall provide the resident school district with an annual
statement of the expenditures.
(5) { + (a) Except as provided by paragraph (b) of this
subsection, + } a private alternative education program that is
registered with the department is not required to employ only
licensed teachers or administrators.
{ + (b) A private alternative education program that is
registered with the department is required to employ licensed
teachers if the teachers will be providing instruction in a
virtual alternative education program.
(c) + } Teachers and administrators in private programs are not
considered employees of any school district for purposes of ORS
342.173.
(6) A school district is not required to provide a public
alternative education program if the student can be referred to
public or approved private alternative education programs that
are appropriate for and accessible to the student.
(7) Any basic, standard, initial or continuing teaching license
issued by the Teacher Standards and Practices Commission is valid
for teaching all subjects and grade levels in an alternative
education program operated by a school district or education
service district.
SECTION 25. { + 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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