Chapter 64 Oregon Laws 2001

AN ACT

SB 264

Relating to billing for special education services; and declaring an emergency.

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

SECTION 1. (1) The Department of Education shall bill annually each resident school district for children who are residents of the school district and are served under ORS 343.236 or enrolled in a program under ORS 346.010.

(2) A billing under this section shall be in an amount equal to (the amount of federal funds received by the school district through the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq., divided by the number of eligible children under the Individuals with Disabilities Education Act who are reported by the school district as receiving special education services on the December 1 special education census) multiplied by the number of children who are eligible under the Individuals with Disabilities Education Act and served under ORS 343.236 or enrolled in a program under ORS 346.010.

(3) The department shall notify each resident school district of the estimated amount of the billing no later than March 30 after the December 1 census.

(4) The department shall bill each resident school district no later than the November 1 following the March 30 notification under subsection (3) of this section. The resident school district shall pay the amount of the billing out of the school district's Individuals with Disabilities Education Act grant award no later than January 1 following the November 1 billing. In lieu of payment, a school district may request that the department withhold the billing amount from any unclaimed federal grant funds that are payable to the school district.

(5) The department shall distribute the moneys made available from billings under this section to each program providing services to children under ORS 343.236 or to the program in which children are enrolled under ORS 346.010.

SECTION 2. 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 10, 2001

Filed in the office of Secretary of State April 10, 2001

Effective date July 1, 2001

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