71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 737
C-Engrossed
House Bill 2298
Ordered by the House July 3
Including House Amendments dated May 8 and June 21 and July 3
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Office of the Governor)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Creates School Improvement Fund. Allows Department of Education
to award grants to school districts and Youth Corrections
Education Program for activities related to increases in student
achievement.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
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 __, 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 X (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 X (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 __, 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 X (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 __, 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 X (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. + }
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