Chapter 36 Oregon Laws 2001

AN ACT

SB 253

Relating to costs of special education programs; creating new provisions; amending ORS 343.243 and 346.015; repealing ORS 328.035 and 343.246; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 343.243 is amended to read:

343.243. (1) The Department of Education shall [bill annually an education service district] recover from the State School Fund an amount for each child who is [a resident of a school district in the education service district and is] enrolled in a special education program under ORS 343.261, 343.961, 343.975 and 346.010. [Where there is no education service district, the department shall bill the county school district or a common school district having county-wide jurisdiction.]

(2) The [billing] amount recovered shall be equal to (a) the average net operating expenditure per student of all school districts [in the education service district] during the preceding school year multiplied by (b) the resident average daily membership of students enrolled in the special education program one-half of the school day or more, exclusive of preschool children covered by ORS 343.533.

(3) The children covered by this section shall be enumerated in the average daily membership of the district providing the instruction but credit for days' attendance of such children shall not accrue to such school district for the purpose of distributing state school funds.

[(4) The department shall notify each executive officer of the administrative office for the county, as defined in ORS 328.001, of its estimated billing not later than March 1 of each year. Not later than August 15, the department shall submit the actual billing to the executive officer. The due date for payment of the billing to the department shall be not later than December 15 following that August 15.]

[(5) The education service district, county school district or common school district shall pay the amount of the billing from the county school fund. In cases where this billing exceeds the amount in the county school fund, the unpaid balance shall be recovered by the department from the State School Fund.]

[(6)] (4) The liability of a district shall not exceed the amount established under this section even if the child is otherwise subject to ORS 336.575 and 336.580.

[(7)] (5) The amounts [received by the department] recovered from the State School Fund shall be credited to the appropriate subaccount in the Special Education Account.

SECTION 2. ORS 346.015 is amended to read:

346.015. (1) Prior to convening a meeting to prepare an individual education plan for a mentally retarded or developmentally disabled child for whom placement at a school under ORS 346.010 may be considered, the agency that is providing the education for the child shall notify the local community mental health and developmental disabilities program. The mentally retarded and developmentally disabled program mental health case manager in consultation with the Mental Health and Developmental Disability Services Division and with the assistance of a State Office for Services to Children and Families caseworker shall evaluate whether the child also has needs for alternative residential care or other support services. If the evaluation determines this to be the case, but documents that community resources are not available to meet these needs, the school district may proceed with the meeting to prepare the individual education plan in which placement at a school under ORS 346.010 may be considered.

(2) An agency providing education under subsection (1) of this section may initiate the procedure in subsection (1) of this section for any child who is not mentally retarded or developmentally disabled when in the agency's judgment a treatment or residential issue is prompting proposed placement under ORS 346.010.

(3) No child shall be placed in a facility operated under ORS 346.010 [and no school district of residence shall be billed under ORS 343.243] unless the district superintendent or the superintendent's designee has signed a statement declaring that the district cannot provide a free appropriate public education for the child commensurate with the needs of the child as identified by the individual education plan of the child and that the facility is the least restrictive environment in which the child can be educated.

(4) By rule, the State Board of Education shall determine procedures to be followed by local education agencies in carrying out this section.

SECTION 3. ORS 328.035 and 343.246 are repealed.

SECTION 4. The amendments to ORS 343.243 and 346.015 by sections 1 and 2 of this 2001 Act and the repeal of ORS 328.035 and 343.246 by section 3 of this 2001 Act shall first apply to the 2001-2002 school year.

SECTION 5. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor April 6, 2001

Filed in the office of Secretary of State April 6, 2001

Effective date July 1, 2001

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