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
House Bill 3619
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 as
introduced.
Specifies method of funding education programs for juveniles in
detention facilities.
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 and
336.585; 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 ___ 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) - } { + (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. ORS 336.585 is amended to read:
336.585. (1) A school district 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.
{ + + }
{ - (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 of Public Instruction shall pay
the costs of providing education to children placed in juvenile
detention facilities from the State School Fund grant allocated
to the Juvenile Detention Education Program for that purpose
under ORS 327.026. The superintendent shall contract with the
responsible school district or education service district to
provide or cause to be provided appropriate education to children
placed in juvenile detention facilities.
(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 responsible school district or education service
district shall notify the resident district of each child placed
in the detention facility, 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 8. { + 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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