71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 3619
LC 3329/HB 3619-6
HOUSE AMENDMENTS TO
HOUSE BILL 3619
By COMMITTEE ON STUDENT ACHIEVEMENT AND SCHOOL ACCOUNTABILITY
April 25
On page 1 of the printed bill, line 3, delete 'and 336.585 '
and insert ', 336.585 and 342.845'.
On page 2, delete line 36 and insert 'by 1.5'.
In line 37, delete '(7)(a)(A),'.
On page 3, delete lines 1 through 33 and insert:
' { + 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
' (C) Extend the existing contract for a period of not more
than one year.
' { - (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.'.
In line 34, delete '8' and insert '10'.
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