Chapter 681 Oregon Laws 2001

AN ACT

HB 3619

Relating to juvenile detention education programs; creating new provisions; amending ORS 326.575, 326.700, 326.712, 327.026, 336.585 and 342.845; and declaring an emergency.

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

SECTION 1. ORS 326.575 is amended to read:

326.575. (1) Within 10 days of a student’s seeking initial enrollment in a public or private school or when a student is placed in a state institution, other than an institution of post-secondary education, or a private agency, detention facility or youth care center, the school, institution, agency, facility or center shall notify the public or private school or the institution, agency, facility or center in which the student was formerly enrolled and shall request the student’s education records.

(2) Subject to ORS 339.260, any public or private school, state institution, private agency, detention facility or youth care center receiving the request described in subsection (1) of this section shall transfer all student education records relating to the particular student to the requesting school, institution, agency, facility or center no later than 10 days after the receipt of the request. The education records shall include any education records relating to the particular student retained by an education service district.

(3) Each educational institution that has custody of the student’s education records shall annually notify parents and eligible students of their right to review and propose amendments to the records. The State Board of Education shall specify by rule the procedure for reviewing and proposing amendments to a student’s education records. If a parent’s or eligible student’s proposed amendments to a student’s education records are rejected by the educational institution, the parent or eligible student shall receive a hearing on the matter. The State Board of Education shall specify by rule the procedure for the hearing.

(4) As used in this section:

(a) “Detention facility” has the meaning given that term in ORS 419A.004.

[(a)] (b) “Educational institution” means a public or private school, education service district, state institution, private agency or youth care center.

[(b)] (c) “Private agency” means an agency with which the Department of Education contracts under ORS 343.961.

[(c)] (d) “Youth care center” means a center as defined in ORS 420.855.

SECTION 2. As used in ORS 326.700 and 326.712:

(1) “Juvenile Detention Education Program” means the provision of educational services to youths lodged overnight who receive educational services on consecutive days within a detention facility, as defined in ORS 419A.004.

(2) “Youth Corrections Education Program” means the provision of educational services to youths in youth correction facilities, as defined in ORS 420.005.

SECTION 3. ORS 326.700 is amended to read:

326.700. It is the purpose of ORS [238.005,] 326.712, 327.026 and this section that youths enrolled in the Youth Corrections Education Program and the Juvenile Detention Education Program administered by the Department of Education be treated as nearly the same as practicable in the distribution of the State School Fund as children enrolled in common and union high school districts in this state.

SECTION 4. ORS 326.712 is amended to read:

326.712. The Superintendent of Public Instruction may contract with an education service district or a school district to provide teachers, counselors or other personnel for the Youth Corrections Education Program and the Juvenile Detention Education Program. However, the [program shall] programs may not be considered a component district and the students enrolled in the [program shall] programs may not be counted in determining the number of pupils in average daily membership for purposes of ORS 334.175 (2)(a).

SECTION 5. ORS 327.026 is amended to read:

327.026. (1) In order to accomplish the purpose described in ORS 326.700, the State Board of Education shall adopt by rule definitions and procedures to be applied to the computation of the State School Fund allocations where necessary to make students enrolled in the Youth Corrections Education Program, as defined in section 2 of this 2001 Act, and the Juvenile Detention Education Program, as defined in section 2 of this 2001 Act, equivalent to students enrolled in common and union high school districts for purposes of distribution of the fund.

(2) The Youth Corrections Education Program shall be entitled to receive from the State School Fund [in the 1995-1996] for each school year [and each school year thereafter] a special State School Fund grant, consisting of a general purpose grant that is equal to the Youth Corrections Education Program ADM multiplied by 2.0 multiplied by the additional per student weight, as defined in ORS 327.013 (7)(a)(A), multiplied by Funding Percentage and further multiplied by Statewide Target per ADMw Grant.

(3) The Juvenile Detention Education Program shall be entitled to receive from the State School Fund for each school year a special State School Fund grant, consisting of a general purpose grant that is equal to the Juvenile Detention Education Program ADM multiplied by 1.5 multiplied by Funding Percentage and further multiplied by Statewide Target per ADMw Grant.

[(3)] (4) Funds allocated to the Youth Corrections Education Program and the Juvenile Detention Education Program from the State School Fund shall remain with the Department of Education and shall be adjusted in the year following the distribution to reflect the actual ADMw of students in the Youth Corrections Education Program and the Juvenile Detention Education Program in the same manner as for the school districts under ORS 327.101.

SECTION 6. The amendments to ORS 327.026 by section 5 of this 2001 Act first apply to the 2001-2002 school year.

SECTION 7. Notwithstanding ORS 327.026 (3), for the 2001-2003 biennium, the Juvenile Detention Education Program may receive from the State School Fund for each school year a State School Fund grant for no more than 350 ADM.

SECTION 8. ORS 336.585 is amended to read:

336.585. (1) [A school district] The Department of Education shall provide or cause to be provided appropriate education for children placed in a detention facility. [located in the school district. The education may be provided by the school district or an education service district] The Superintendent of Public Instruction may contract with a school district or education service district to provide or cause to be provided appropriate education to children placed in a detention facility.

[(2) The school district or education service district shall notify the resident district of each child placed in the detention facility and may bill the resident district for the costs of the child’s education. The billing may be made annually. The billing shall be accompanied by a signed affidavit from the school district or education service district, stating the period of time the child was in the detention facility. The resident district shall pay the actual cost of the child’s education. The district may claim State School Fund reimbursement under ORS 327.006 to 327.133 and 327.731 for each child who is in a detention facility for more than 10 days in the school year.]

(2) The superintendent shall pay the costs of providing education to children placed in detention facilities from the State School Fund grant allocated to the Juvenile Detention Education Program for that purpose under ORS 327.026.

(3) The State Board of Education shall adopt by rule standards to be applied to the operation of the Juvenile Detention Education Program, as defined in section 2 of this 2001 Act.

(4) The superintendent shall ensure that the resident district of each child placed in a detention facility is notified, if the resident district can be reasonably identified. The purposes of the notification include, but are not limited to:

(a) Removing the child from the resident district’s census;

(b) Facilitating transfers of the child’s educational records; and

(c) Facilitating planning for the child’s possible return to the resident district.

[(3)] (5) As used in this section:

(a) “Detention facility” has the meaning given the term in ORS 419A.004.

(b) “Placed in a detention facility” means lodged overnight between consecutive days of receiving educational services within the detention facility.

[(b)] (c) “Resident district” means the school district in which the parents or legal guardian, if any, of the child resided at the time of placement. If the child has no parents or legal guardian, or none can be located, the resident district shall be the school district in which the child is physically located.

SECTION 9. ORS 342.845 is amended to read:

342.845. (1) A contract teacher shall not be subjected to the requirement of annual appointment nor shall the teacher be dismissed or employed on a part-time basis without the consent of the teacher except as provided in ORS 342.805 to 342.937.

(2) Notwithstanding subsection (1) of this section, a part-time contract teacher attains contract status at not less than half-time but less than full-time and may be assigned within those limits by the school district. The assignment of a contract part-time teacher is not subject to the procedures specified in ORS 342.805 to 342.930. A contract part-time teacher who accepts a full-time assignment shall be considered a contract teacher for purposes of the assignment.

(3) No teacher shall be deprived of employment status solely because the duties of employment have been assumed or acquired by another school district or education service district in a state reorganization of a regional special education program. Where such reorganization occurs, a teacher shall be transferred to the employment of the school district or education service district which assumed or acquired program responsibilities. The teacher shall be allowed to transfer accrued sick leave and experience status to the new district. However, the district to which the programs are transferred is obligated to hire displaced employees only to the extent that such would complement a cost effective staffing plan in the reorganized program.

(4)(a) As used in this subsection:

(A) “Juvenile detention education program” means the Juvenile Detention Education Program, as defined in section 2 of this 2001 Act.

(B) “School district” has the meaning given that term in ORS 329.007.

(b) No teacher shall be deprived of employment status solely because the duties of employment have been assumed or acquired by another school district or education service district pursuant to a transfer of juvenile detention education program responsibilities to another school district or education service district. Where such reorganization occurs, a teacher shall be transferred to the employment of the school district or education service district that assumed or acquired program responsibilities. The teacher shall be allowed to transfer accrued sick leave, seniority and status as a contract teacher. However, the district to which the program is transferred is obligated to hire displaced teachers only to the extent that such would complement a cost-effective staffing plan in the reorganized program.

[(4)(a)] (5)(a) An administrator shall serve a probationary period that does not exceed three years, unless the administrator and the school district mutually agree to a shorter time period. Following a probationary period, an administrator shall be employed by a school district pursuant to a three-year employment contract. An administrator may be dismissed or have a reduction in pay during the term of a contract for any reason set forth for dismissal of a teacher in ORS 342.865, or pursuant to ORS 342.934 (5). If an administrator is dismissed or has a reduction in pay during the term of the contract, the administrator may appeal to the Fair Dismissal Appeals Board in the same manner as provided for the appeal of a dismissal or a non-extension of a contract teacher. An administrator may not appeal the non-extension of a contract to the Fair Dismissal Appeals Board.

(b) The administrator may be assigned and reassigned at will during the term of the contract.

(c) The district school board may elect not to extend the administrator’s contract for any cause the school board in good faith considers sufficient. Prior to March 15 of the second year of the administrator’s contract, the school board shall take one of the following actions:

(A) Issue a new three-year contract effective July 1 following the March 15 of the second year of the administrator’s contract;

(B) Provide, in writing, notice that the contract will not be renewed or extended; or

[(5)] (6) If an administrator receives notice of contract non-extension prior to the expiration of the administrator’s contract, the administrator shall have the right to fill any vacant teaching position in the district for which the contract administrator is licensed and competent as defined in ORS 342.934, provided the administrator has three years’ teaching experience in Oregon that has been successful, in the judgment of the district superintendent.

SECTION 10. 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 on its passage.

Approved by the Governor June 28, 2001

Filed in the office of Secretary of State June 29, 2001

Effective date June 28, 2001

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