Chapter 806 Oregon Laws 2001

AN ACT

HB 2598

Relating to education; and declaring an emergency.

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

SECTION 1. (1) There is created a task force on special education and school finance consisting of 23 members. Members shall be persons who are familiar with federal and state funding programs for special education students and shall be chosen to represent the cultural and geographic diversity of this state.

(2) Members of the task force shall consist of:

(a) The Superintendent of Public Instruction.

(b) The Associate Superintendent of the Office of Special Education.

(c) Nine members appointed by the Governor, including:

(A) An education adviser to the Governor.

(B) One member from the Confederation of Oregon School Administrators.

(C) One member from the Oregon School Boards Association.

(D) One member from the Oregon Education Association.

(E) One member from the Department of Human Services.

(F) One member from the Oregon School Employees Association.

(G) One member who is a parent of or advocate for children with special education needs.

(H) Two members, each of whom is:

(i) Employed by a school district or education service district as a special education program director or special education teacher;

(ii) A public school principal; or

(iii) A school district board member.

(d) Six members appointed by the President of the Senate, including:

(A) Two state Senators representing different parties.

(B) One member representing the business community.

(C) One member who is a parent of or advocate for children with special education needs.

(D) Two members, each of whom is:

(i) Employed by a school district or education service district as a special education program director or special education teacher;

(ii) A public school principal; or

(iii) A school district board member.

(e) Six members appointed by the Speaker of the House of Representatives, including:

(A) Two state Representatives representing different parties.

(B) One member of the Oregon Business Association.

(C) One member who is a parent of or advocate for children with special education needs.

(D) Two members, each of whom is:

(i) Employed by a school district or education service district as a special education program director or special education teacher;

(ii) A public school principal; or

(iii) A school district board member.

(3) The Superintendent of Public Instruction shall appoint the chairperson and vice chairperson from among the members of the task force.

(4) The task force shall:

(a) Study the most appropriate, specially designed instructional methods and related services for students with disabilities receiving special education;

(b) Determine the most appropriate methods of providing professional development and support for teachers and other staff who provide instructional services to students with disabilities receiving special education and related services;

(c) Investigate the most appropriate methods for providing public education to students with disabilities receiving special education and related services;

(d) Determine whether teachers of students with disabilities receiving special education and related services are at their workload limits;

(e) Analyze the most appropriate methods of early identification and intervention for all students, including those students with disabilities receiving special education and related services;

(f) Review current sources of funding for special education and related programs;

(g) Study the Department of Education’s monitoring of

special education funding, performance and outcomes;

(h) Determine whether parents are being served by the current complaint resolution process, including mediation, complaint resolution, due process hearings and other appropriate dispute resolution systems;

(i) Study the maximum number of students per class for a licensed special education teacher;

(j) Make legislative recommendations on structuring funding to fully meet the needs of students with disabilities receiving special education and related services. The recommendations of the task force shall include but are not limited to:

(A) Assessing whether special education funding should be removed from the current school funding formula in ORS 327.013;

(B) Determining whether special grants should be established to meet the funding needs of students with disabilities receiving special education and related services;

(C) Analyzing methods of utilizing the resources of regional programs and education service districts; and

(D) Recommending ways to develop and implement an improved funding mechanism for students with disabilities receiving special education and related services in order to meet the needs of all children in Oregon schools;

(k) Investigate any other issue the task force deems necessary; and

(L) Prior to October 1, 2002, report its findings to the legislative interim committee on education.

(5) The task force is subject to the provisions of ORS 171.605 to 171.635 and has the authority contained in ORS 171.505 and 171.510. Notwithstanding the provisions of ORS 171.206 and subsection (4)(L) of this section, the task force may file its written report at any time within 30 days after its final meeting, or at such later time as the appointing authorities designate.

(6) The Department of Education shall provide staff necessary for the performance of the functions of the task force.

(7) A member of the Legislative Assembly appointed to the task force shall be entitled to an allowance as authorized by ORS 171.072 from funds appropriated to the Legislative Assembly. Members of the task force who are not members of the Legislative Assembly are entitled to compensation and expenses as provided in ORS 292.495.

(8) All agencies, departments and officers of this state are directed to assist the task force in the performance of its functions and to furnish such information and advice as the members of the task force consider necessary to perform their functions.

(9) Official action by the task force established pursuant to this section shall require the approval of a majority of the members. All legislation recommended by official action of the task force must indicate that it is introduced at the request of the task force. Such legislation shall be prepared in time for presession filing pursuant to ORS 171.130 for presentation to the regular session of the Seventy-second Legislative Assembly.

SECTION 2. Section 1 of this 2001 Act is repealed on July 1, 2003.

SECTION 3. 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 July 19, 2001

Filed in the office of Secretary of State July 19, 2001

Effective date July 19, 2001

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