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 3329
A-Engrossed
House Bill 3619
Ordered by the House April 25
Including House Amendments dated April 25
Sponsored by Representative GARDNER; Representative BOWMAN (at
the request of Oregon School Boards Association)
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.
Specifies method of funding education programs for juveniles in
detention facilities. { + Provides for teacher transfer when
juvenile detention education program responsibilities are
transferred to another school district or education service
district. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to juvenile detention education programs; creating new
provisions; amending ORS 326.575, 326.700, 326.712, 327.026,
336.585 and 342.845; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 326.575 is amended to read:
326.575. (1) Within 10 days of a student's seeking initial
enrollment in a public or private school or when a student is
placed in a state institution, other than an institution of
post-secondary education, or a private agency { + , detention
facility + } or youth care center, the school, institution,
agency { + , facility + } or center shall notify the public or
private school or the institution, agency { + , facility + } or
center in which the student was formerly enrolled and shall
request the student's education records.
(2) Subject to ORS 339.260, any public or private school, state
institution, private agency { + , detention facility + } or youth
care center receiving the request described in subsection (1) of
this section shall transfer all student education records
relating to the particular student to the requesting school,
institution, agency { + , facility + } or center no later than 10
days after the receipt of the request. The education records
shall include any education records relating to the particular
student retained by an education service district.
(3) Each educational institution that has custody of the
student's education records shall annually notify parents and
eligible students of their right to review and propose amendments
to the records. The State Board of Education shall specify by
rule the procedure for reviewing and proposing amendments to a
student's education records. If a parent's or eligible student's
proposed amendments to a student's education records are rejected
by the educational institution, the parent or eligible student
shall receive a hearing on the matter. The State Board of
Education shall specify by rule the procedure for the hearing.
(4) As used in this section:
{ + (a) 'Detention facility' has the meaning given that term
in ORS 419A.004. + }
{ - (a) - } { + (b) + } 'Educational institution' means a
public or private school, education service district, state
institution, private agency or youth care center.
{ - (b) - } { + (c) + } 'Private agency' means an agency
with which the Department of Education contracts under ORS
343.961.
{ - (c) - } { + (d) + } 'Youth care center' means a center
as defined in ORS 420.855.
SECTION 2. { + As used in ORS 326.700 and 326.712:
(1) 'Juvenile Detention Education Program' means the provision
of educational services to youths lodged overnight who receive
educational services on consecutive days within a detention
facility, as defined in ORS 419A.004.
(2) 'Youth Corrections Education Program' means the provision
of educational services to youths in youth correction facilities,
as defined in ORS 420.005. + }
SECTION 3. ORS 326.700 is amended to read:
326.700. It is the purpose of ORS { - 238.005, - } 326.712,
327.026 and this section that youths enrolled in the Youth
Corrections Education Program { + and the Juvenile Detention
Education Program + } administered by the Department of Education
be treated as nearly the same as practicable in the distribution
of the State School Fund as children enrolled in common and union
high school districts in this state.
SECTION 4. ORS 326.712 is amended to read:
326.712. The Superintendent of Public Instruction may contract
with an education service district or a school district to
provide teachers, counselors or other personnel for the Youth
Corrections Education Program { + and the Juvenile Detention
Education Program + }. However, the { - program shall - } { +
programs may + } not { + + }be considered a component district
and the students enrolled in the
{ - program shall - } { + programs may + } not be counted in
determining the number of pupils in average daily membership for
purposes of ORS 334.175 (2)(a).
SECTION 5. ORS 327.026 is amended to read:
327.026. (1) In order to accomplish the purpose described in
ORS 326.700, the State Board of Education shall adopt by rule
definitions and procedures to be applied to the computation of
the State School Fund allocations where necessary to make
students enrolled in the Youth Corrections Education
Program { + , as defined in section 2 of this 2001 Act, and the
Juvenile Detention Education Program, as defined in section 2 of
this 2001 Act, + } equivalent to students enrolled in common and
union high school districts for purposes of distribution of the
fund.
(2) The Youth Corrections Education Program shall be entitled
to receive from the State School Fund { - in the 1995-1996 - }
{ + for each + } school year { - and each school year
thereafter - } a special State School Fund grant, consisting of
a general purpose grant that is equal to the Youth Corrections
Education Program ADM multiplied by 2.0 multiplied by the
additional per student weight, as defined in ORS 327.013
(7)(a)(A), multiplied by Funding Percentage and further
multiplied by Statewide Target per ADMw Grant.
{ + (3) The Juvenile Detention Education Program shall be
entitled to receive from the State School Fund for each school
year a special State School Fund grant, consisting of a general
purpose grant that is equal to the Juvenile Detention Education
Program ADM multiplied by 1.5 multiplied by Funding Percentage
and further multiplied by Statewide Target per ADMw Grant. + }
{ - (3) - } { + (4) + } Funds allocated to the Youth
Corrections Education Program { + and the Juvenile Detention
Education Program + } from the State School Fund shall remain
with the Department of Education and shall be adjusted in the
year following the distribution to reflect the actual ADMw of
students in the Youth Corrections Education Program { + and the
Juvenile Detention Education Program + } in the same manner as
for the school districts under ORS 327.101.
SECTION 6. { + The amendments to ORS 327.026 by section 5 of
this 2001 Act first apply to the 2001-2002 school year. + }
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.
SECTION 10. { + 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. + }
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