Chapter 794 Oregon Laws 2001
AN ACT
HB 2298
Relating to the School
Improvement Fund; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
The Legislative Assembly finds that:
(1) The state has an
interest in ensuring that public resources for primary and secondary schools
are used to achieve the outcomes established under the Oregon Educational Act
for the 21st Century in ORS chapter 329.
(2) To achieve that
purpose, the School Improvement Fund is established so the state may support
activities directly related to increases in student achievement while still
allowing school districts flexibility in determining the specific activities
necessary to support students.
(3) It is the intent of
the state in establishing the School Improvement Fund to link these activities
to the recommendations of the Quality Education Commission established under
Executive Order 99-16.
SECTION 1a.
If House Bill 2295 becomes law, section 1 of this 2001 Act is amended to read:
Sec. 1. The
Legislative Assembly finds that:
(1) The state has an interest in ensuring that public
resources for primary and secondary schools are used to achieve the outcomes
established under the Oregon Educational Act for the 21st Century in ORS
chapter 329.
(2) To achieve that purpose, the School Improvement Fund is
established so the state may support activities directly related to increases
in student achievement while still allowing school districts flexibility in
determining the specific activities necessary to support students.
(3) It is the intent of the state in establishing the
School Improvement Fund to link these activities to the recommendations of the
Quality Education Commission established under Executive Order 99-16 and the recommendations of the Quality
Education Commission established under section 2, chapter 895, Oregon Laws 2001
(Enrolled House Bill 2295).
SECTION 2.
(1) There is established the School
Improvement Fund, separate and distinct from the General Fund. Interest earned
by the School Improvement Fund shall be credited to the fund. Any moneys in the
fund that are not distributed by the Department of Education in any fiscal year
shall be retained in the fund and may be distributed in the next fiscal year.
(2) The moneys in the
fund are continuously appropriated to the Department of Education for purposes
of the grant program created by section 3 of this 2001 Act.
SECTION 3.
(1) In addition to those moneys
distributed through the State School Fund, the Department of Education shall
award grants to school districts and the Youth Corrections Education Program
for activities that relate to increases in student achievement, including:
(a) Class size
reduction;
(b) Increases in
instructional time;
(c) Professional
development;
(d) Remediation and
alternative learning;
(e) Early childhood
support;
(f) Services to at-risk
youth;
(g) Additional
instructional materials;
(h) Curriculum and
instructional support;
(i) Services for English
as a second language students; and
(j) Other activities
approved by the State Board of Education that are shown to have a relationship
to increasing student achievement.
(2) Each school district
and the Youth Corrections Education Program may apply to the Department of
Education for a grant. The department shall review and approve applications
based on criteria established by the State Board of Education. In establishing
the criteria, the State Board of Education shall consider the recommendations
of the Quality Education Commission established under Executive Order 99-16.
The applications shall include the activities to be funded and the goals of the
school district or program for increases in student performance. The
applications shall become part of the local district improvement plan described
in ORS 329.095.
(3) The Department of
Education shall evaluate the annual progress of each recipient of grant funds
under this section toward the performance targets established by the Quality
Education Commission that have been funded by the Legislative Assembly. The evaluation
shall become part of the requirements of the department for assessing the
effectiveness of the district under ORS 329.085, 329.095 and 329.105. The
department shall ensure district and program accountability by providing
appropriate assistance, intervening and establishing consequences in order to
support progress toward the performance targets, with a goal of meeting
performance targets within a three-year time frame.
(4) Beginning with the
2003-2005 biennium, each biennium the Department of Education shall report to
the Legislative Assembly on the grant program and the results of the grant
program.
(5)(a) Notwithstanding
ORS 338.155 (9), the Department of Education may not award a grant under this
section directly to a public charter school.
(b) A school district
that receives a grant under this section may transfer a portion of the grant to
a public charter school based on the charter of the school or any other
agreement between the school district and the public charter school.
(c) A public charter
school that receives grant funds under this subsection shall use those funds
for the activities specified in subsection (1) of this section.
(6)(a) The amount of
each grant = the program’s or school district’s ADMw ´ (the total amount available for the grants in each distribution year¸ the total statewide ADMw).
(b) As used in this
subsection:
(A) “ADMw” means:
(i) For a school
district, the extended weighted average daily membership as calculated under
ORS 327.013, 338.155 (1) and 338.165 (2); and
(ii) For the Youth
Corrections Education Program, the average daily membership as defined in ORS
327.006 multiplied by 2.0.
(B) “Total statewide
ADMw” means the total extended ADMw of all school districts plus the ADMw of
the Youth Corrections Education Program.
(7) Each school district
or program shall deposit the grant amounts it receives under this section in a
separate account, and shall apply amounts in that account to pay for activities
described in the district’s or program’s application.
(8) The State Board of
Education may adopt any rules necessary for the administration of the grant
program.
SECTION 3a.
If House Bill 3619 becomes law and House Bill 2295 does not become law, section
3 of this 2001 Act is amended to read:
Sec. 3. (1) In
addition to those moneys distributed through the State School Fund, the
Department of Education shall award grants to school districts [and],
the Youth Corrections Education Program and
the Juvenile Detention Education Program for activities that relate to
increases in student achievement, including:
(a) Class size reduction;
(b) Increases in instructional time;
(c) Professional development;
(d) Remediation and alternative learning;
(e) Early childhood support;
(f) Services to at-risk youth;
(g) Additional instructional materials;
(h) Curriculum and instructional support;
(i) Services for English as a second language students; and
(j) Other activities approved by the State Board of
Education that are shown to have a relationship to increasing student
achievement.
(2) Each school district [and], the Youth
Corrections Education Program and the
Juvenile Detention Education Program may apply to the Department of
Education for a grant. The department shall review and approve applications
based on criteria established by the State Board of Education. In establishing
the criteria, the State Board of Education shall consider the recommendations
of the Quality Education Commission established under Executive Order 99-16.
The applications shall include the activities to be funded and the goals of the
school district or program for increases in student performance. The
applications shall become part of the local district improvement plan described
in ORS 329.095.
(3) The Department of Education shall evaluate the annual
progress of each recipient of grant funds under this section toward the
performance targets established by the Quality Education Commission that have
been funded by the Legislative Assembly. The evaluation shall become part of
the requirements of the department for assessing the effectiveness of the
district under ORS 329.085, 329.095 and 329.105. The department shall ensure
school district and program accountability by providing appropriate assistance,
intervening and establishing consequences in order to support progress toward
the performance targets.
(4) Beginning with the 2003-2005 biennium, each biennium
the Department of Education shall report to the Legislative Assembly on the
grant program and the results of the grant program.
(5)(a) Notwithstanding ORS 338.155 (9), the Department of
Education may not award a grant under this section directly to a public charter
school.
(b) A school district that receives a grant under this
section may transfer a portion of the grant to a public charter school based on
the charter of the school or any other agreement between the school district
and the public charter school.
(c) A public charter school that receives grant funds under
this subsection shall use those funds for the activities specified in
subsection (1) of this section.
(6)(a) The amount of each grant = the program’s or school
district’s ADMw ´ (the total amount available
for the grants in each distribution year ¸ the total statewide
ADMw).
(b) As used in this subsection:
(A) “ADMw” means:
(i) For a school district, the extended weighted average
daily membership as calculated under ORS 327.013, 338.155 (1) and 338.165 (2);
[and]
(ii) For the Youth Corrections Education Program, the
average daily membership as defined in ORS 327.006 multiplied by 2.0; and
(iii) For the Juvenile
Detention Education Program, the average daily membership as defined in ORS
327.006 multiplied by 1.5.
(B) “Total statewide ADMw” means the total extended ADMw of
all school districts plus the ADMw of the Youth Corrections Education Program plus the ADMw of the Juvenile Detention
Education Program.
(7) Each school district or program shall deposit the grant
amounts it receives under this section in a separate account, and shall apply
amounts in that account to pay for activities described in the district’s or
program’s application.
(8) The State Board of Education may adopt any rules
necessary for the administration of the grant program.
SECTION 3b.
If House Bill 2295 becomes law and House Bill 3619 does not become law, section
3 of this 2001 Act is amended to read:
Sec. 3. (1) In
addition to those moneys distributed through the State School Fund, the
Department of Education shall award grants to school districts and the Youth
Corrections Education Program for activities that relate to increases in
student achievement, including:
(a) Class size reduction;
(b) Increases in instructional time;
(c) Professional development;
(d) Remediation and alternative learning;
(e) Early childhood support;
(f) Services to at-risk youth;
(g) Additional instructional materials;
(h) Curriculum and instructional support;
(i) Services for English as a second language students; and
(j) Other activities approved by the State Board of
Education that are shown to have a relationship to increasing student
achievement.
(2) Each school district and the Youth Corrections
Education Program may apply to the Department of Education for a grant. The
department shall review and approve applications based on criteria established
by the State Board of Education. In establishing the criteria, the State Board
of Education shall consider the recommendations of the Quality Education
Commission established under Executive Order 99-16 and the recommendations of the Quality Education Commission
established under section 2, chapter 895, Oregon Laws 2001 (Enrolled House Bill
2295). The applications shall include the activities to be funded and the
goals of the school district or program for increases in student performance.
The applications shall become part of the local district improvement plan
described in ORS 329.095.
(3) The Department of Education shall evaluate the annual
progress of each recipient of grant funds under this section toward the
performance targets established by the Quality Education [Commission] Commissions
that have been funded by the Legislative Assembly. The evaluation shall become
part of the requirements of the department for assessing the effectiveness of
the district under ORS 329.085, 329.095 and 329.105. The department shall
ensure school district and program accountability by providing appropriate
assistance, intervening and establishing consequences in order to support
progress toward the performance targets.
(4) Beginning with the 2003-2005 biennium, each biennium
the Department of Education shall report to the Legislative Assembly on the
grant program and the results of the grant program.
(5)(a) Notwithstanding ORS 338.155 (9), the Department of
Education may not award a grant under this section directly to a public charter
school.
(b) A school district that receives a grant under this
section may transfer a portion of the grant to a public charter school based on
the charter of the school or any other agreement between the school district
and the public charter school.
(c) A public charter school that receives grant funds under
this subsection shall use those funds for the activities specified in
subsection (1) of this section.
(6)(a) The amount of each grant = the program’s or school
district’s ADMw ´ (the total amount available
for the grants in each distribution year ¸ the total statewide
ADMw).
(b) As used in this subsection:
(A) “ADMw” means:
(i) For a school district, the extended weighted average
daily membership as calculated under ORS 327.013, 338.155 (1) and 338.165 (2);
and
(ii) For the Youth Corrections Education Program, the
average daily membership as defined in ORS 327.006 multiplied by 2.0.
(B) “Total statewide ADMw” means the total extended ADMw of
all school districts plus the ADMw of the Youth Corrections Education Program.
(7) Each school district or program shall deposit the grant
amounts it receives under this section in a separate account, and shall apply
amounts in that account to pay for activities described in the district’s or
program’s application.
(8) The State Board of Education may adopt any rules
necessary for the administration of the grant program.
SECTION 3c.
If both House Bill 2295 and House Bill 3619 become law, section 3 of this 2001
Act is amended to read:
Sec. 3. (1) In
addition to those moneys distributed through the State School Fund, the
Department of Education shall award grants to school districts [and],
the Youth Corrections Education Program and
the Juvenile Detention Education Program for activities that relate to
increases in student achievement, including:
(a) Class size reduction;
(b) Increases in instructional time;
(c) Professional development;
(d) Remediation and alternative learning;
(e) Early childhood support;
(f) Services to at-risk youth;
(g) Additional instructional materials;
(h) Curriculum and instructional support;
(i) Services for English as a second language students; and
(j) Other activities approved by the State Board of
Education that are shown to have a relationship to increasing student
achievement.
(2) Each school district [and], the Youth
Corrections Education Program and the
Juvenile Detention Education Program may apply to the Department of
Education for a grant. The department shall review and approve applications
based on criteria established by the State Board of Education. In establishing
the criteria, the State Board of Education shall consider the recommendations
of the Quality Education Commission established under Executive Order 99-16 and the recommendations of the Quality
Education Commission established under section 2, chapter 895, Oregon Laws 2001
(Enrolled House Bill 2295). The applications shall include the activities
to be funded and the goals of the school district or program for increases in
student performance. The applications shall become part of the local district
improvement plan described in ORS 329.095.
(3) The Department of Education shall evaluate the annual
progress of each recipient of grant funds under this section toward the
performance targets established by the Quality Education [Commission] Commissions
that have been funded by the Legislative Assembly. The evaluation shall become
part of the requirements of the department for assessing the effectiveness of
the district under ORS 329.085, 329.095 and 329.105. The department shall
ensure school district and program accountability by providing appropriate
assistance, intervening and establishing consequences in order to support
progress toward the performance targets.
(4) Beginning with the 2003-2005 biennium, each biennium
the Department of Education shall report to the Legislative Assembly on the
grant program and the results of the grant program.
(5)(a) Notwithstanding ORS 338.155 (9), the Department of
Education may not award a grant under this section directly to a public charter
school.
(b) A school district that receives a grant under this
section may transfer a portion of the grant to a public charter school based on
the charter of the school or any other agreement between the school district
and the public charter school.
(c) A public charter school that receives grant funds under
this subsection shall use those funds for the activities specified in
subsection (1) of this section.
(6)(a) The amount of each grant = the program’s or school
district’s ADMw ´ (the total amount available
for the grants in each distribution year ¸ the total statewide
ADMw).
(b) As used in this subsection:
(A) “ADMw” means:
(i) For a school district, the extended weighted average
daily membership as calculated under ORS 327.013, 338.155 (1) and 338.165 (2);
[and]
(ii) For the Youth Corrections Education Program, the
average daily membership as defined in ORS 327.006 multiplied by 2.0; and
(iii) For the Juvenile
Detention Education Program, the average daily membership as defined in ORS
327.006 multiplied by 1.5.
(B) “Total statewide ADMw” means the total extended ADMw of
all school districts plus the ADMw of the Youth Corrections Education Program plus the ADMw of the Juvenile Detention
Education Program.
(7) Each school district or program shall deposit the grant
amounts it receives under this section in a separate account, and shall apply
amounts in that account to pay for activities described in the district’s or
program’s application.
(8) The State Board of Education may adopt any rules
necessary for the administration of the grant program.
SECTION 4.
(1) Notwithstanding section 3 (1) of
this 2001 Act, for the 2001-2003 and 2003-2005 biennia the Department of
Education shall award grants under section 3 of this 2001 Act for activities
that relate to improved student performance on third and fifth grade reading
and mathematics assessments.
(2) Notwithstanding
subsection (1) of this section, for the 2001-2003 and 2003-2005 biennia the
department may award grants under section 3 of this 2001 Act for activities
that relate to improved student performance other than those specified in
subsection (1) of this section if the department determines that a school
district or program:
(a) Has met the
benchmarks established for third and fifth grade reading and mathematics; or
(b) Is making
significant progress toward achieving the benchmarks established for third and
fifth grade reading and mathematics.
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
July 18, 2001
Filed in the office of
Secretary of State July 18, 2001
Effective date July 18, 2001
__________