71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3243
 
LC 3587/HB 3243-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3243
 
  By COMMITTEE ON STUDENT ACHIEVEMENT AND SCHOOL ACCOUNTABILITY
 
                            March 28
 
  On page 1 of the printed bill, line 2, after the first
semicolon insert 'creating new provisions;'.
  On page 3, delete lines 27 through 45 and delete page 4 and
insert:
  '  { +  SECTION 3. + } ORS 338.155 is amended to read:
  ' 338.155. (1) Students of a public charter school shall be
considered to be residents of the school district in which the
public charter school is located for purposes of distribution of
the State School Fund.
  ' (2) A school district shall contractually establish, with any
public charter school that is sponsored by the board of the
school district, payment for provision of educational services to
the public charter school's students. The payment shall equal an
amount per weighted average daily membership (ADMw) of the public
charter school that is at least equal to:
  ' (a) Eighty percent of the amount of the school district's
General Purpose Grant per  { + extended + } ADMw as calculated
under ORS 327.013 for students who are enrolled in kindergarten
through grade eight; and
  ' (b) Ninety-five percent of the amount of the school
district's General Purpose Grant per  { + extended + } ADMw as
calculated under ORS 327.013 for students who are enrolled in
grades 9 through 12.
  ' (3) A school district shall contractually establish, with any
public charter school that is sponsored by the State Board of
Education and within the boundaries of the school district,
payment for provision of educational services to the public
charter school's students. The payment shall equal an amount per
weighted average daily membership (ADMw) of the public charter
school that is at least equal to:
  ' (a) Ninety percent of the amount of the school district's
General Purpose Grant per  { + extended + } ADMw as calculated
under ORS 327.013 for students who are enrolled in kindergarten
through grade eight; and
  ' (b) Ninety-five percent of the amount of the school
district's General Purpose Grant per  { + extended + } ADMw as
calculated under ORS 327.013 for students who are enrolled in
grades 9 through 12.
  ' (4) The estimated amount of each school district's General
Purpose Grant per  { + extended + } ADMw shall be determined each
year by the Department of Education and made available to all
school districts.
  ' (5) The school district in which the public charter school is
located shall transfer an amount per weighted average daily
membership (ADMw) of the public charter school that is equal to
50 percent of the amount of the school district's General Purpose
Grant per  { + extended + } ADMw as calculated under ORS 327.013
that is not paid to the public charter school through a contract
created pursuant to   { - subsections - }   { + subsection + }
(2) or (3) of this section to:
  ' (a) Any school district in which the parent or guardian of or
person in parental relationship to a student of a public charter
school resides pursuant to ORS 339.133 and 339.134; or
  ' (b) The Department of Education if the State Board of
Education is the sponsor of the public charter school.
  ' (6) The department may use any money received under this
section for activities related to public charter schools.
  ' (7) A school district and a public charter school may
negotiate to establish a payment for the provision of educational
services to the public charter school's students that is more
than the minimum amounts specified in subsection (2) or (3) of
this section.
  ' (8) A school district shall send payment to a public charter
school based on a contract negotiated under this section within
10 days after receiving payments from the State School Fund
pursuant to ORS 327.095.
  ' (9)(a) A public charter school may apply for any grant that
is available to school districts or nonchartered public schools
from the Department of Education. The department shall consider
the application of the public charter school in the same manner
as an application from a school district or nonchartered public
school.
  ' (b) The department shall award any grant that is available to
school districts based solely on the weighted average daily
membership (ADMw)  { + or extended ADMw + } of the school
district directly to the public charter school. This paragraph
does not apply to any grant from the State School Fund.
  '  { +  SECTION 4. + } ORS 338.165 is amended to read:
  ' 338.165. (1) Notwithstanding ORS 338.155 (1), for purposes of
this section, the 'resident school district' of a student who is
eligible for special education and related services shall be the
school district in which the student's parent or guardian or
person in parental relationship to the student reside pursuant to
ORS 339.133 and 339.134.
  ' (2) For students who attend public charter schools and are
eligible for special education and related services:
  ' (a) The resident school district of the student shall be
responsible for providing any required special education and
related services to the student; and
  ' (b) Amounts from the State School Fund for those students
shall be distributed through the resident school district
pursuant to this section.
  ' (3) Notwithstanding ORS 338.155 (2), a resident school
district of a student who is eligible for special education and
related services shall contractually establish, with any public
charter school in which the student is enrolled, payment for
provision of special education and related services to the
student. If a student is enrolled in a public charter school and
is eligible for special education and related services an
additional amount shall be added to the ADM of the public charter
school as described in ORS 327.013 (7)(a)(A). The payment per
ADMw in the public charter school that is attributable to the
student who is eligible for special education and related
services shall equal an amount that is at least equal to:
  ' (a) 40 percent of the amount of the school district's General
Purpose Grant per  { + extended + } ADMw as calculated under ORS
327.013 for students who are enrolled in kindergarten through
grade eight; and
  ' (b) 47.5 percent of the amount of the school district's
General Purpose Grant per  { + extended + } ADMw as calculated
under ORS 327.013 for students who are enrolled in grades 9
through 12.
  ' (4) If the resident school district is not the sponsor of a
public charter school, the resident school district for each ADMw
that is attributable to a student enrolled in a public charter
school who is eligible for special education and related services
shall transfer five percent of the amount of the school
district's General Purpose Grant per  { + extended + } ADMw as
calculated under ORS 327.013 to the sponsor of the public charter
school.
  ' (5) Notwithstanding subsection (3) of this section, a school
district and a public charter school may negotiate on a
case-by-case basis for an alternative distribution of funds other
than the distribution prescribed by subsection (3) of this
section.
  '  { +  SECTION 5. + }  { + The amendments to ORS 338.155 and
338.165 by sections 3 and 4 of this 2001 Act affect distributions
to public charter schools commencing with the 2001-2002 school
year. + } ' .
  On page 5, delete lines 1 through 20.
  In line 21, delete '5' and insert '6'.
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