Relating to students; creating new provisions; amending ORS 327.008; appropriating money; and providing that this Act shall be referred to the people for their approval or rejection.

 
 
 
     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 1378
 
                         Senate Bill 64
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senator Avel Gordly for
  Associated Oregon Industries)
 
 
                             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.
 
  Creates Student Bill of Rights Program for students attending
public schools in grades 11 and 12 and for students who have
received Certificate of Initial Mastery. Allows students to
enroll in post-secondary courses for credit at eligible
post-secondary institutions and credit towards high school
graduation. Prohibits institutions from charging student
post-secondary course costs.  Directs Department of Education to
enter into agreement with institution for limited payment of
costs from State School Fund.  Directs department to deduct these
amounts from State School Fund grant to student's school
district.
  Refers Act to people for their approval or rejection at next
regular general election.
 
                        A BILL FOR AN ACT
Relating to students; creating new provisions; amending ORS
  327.008; appropriating money; and providing that this Act shall
  be referred to the people for their approval or rejection.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + For purposes of sections 1 to 15 of this 2001
Act:
  (1) 'Eligible post-secondary institution' means an Oregon
community college, a state institution of higher education or
regionally accredited, not-for-profit institution of higher
education.
  (2) 'Post-secondary course' means any nonsectarian course or
program offered through an eligible post-secondary institution.
' Post-secondary course' does not include remedial or
developmental courses.
  (3) 'State institution of higher education' means an
institution of higher education listed in ORS 352.002 and the
Oregon Health Sciences University.
  (4) 'Student Bill of Rights Program' means the program created
under sections 1 to 15 of this 2001 Act. + }
  SECTION 2.  { + (1) Sections 1 to 15 of this 2001 Act shall be
known as the Student Bill of Rights.
 
  (2) The Legislative Assembly declares that the purposes of
sections 1 to 15 of this 2001 Act are to:
  (a) Increase academic and career opportunities for public
school students enrolled in grades 11 and 12.
  (b) Allow students enrolled in Oregon public schools who have
achieved a Certificate of Initial Mastery or are in grade 11 or
12 to receive concurrent credits toward achievement of a
Certificate of Advanced Mastery or a high school diploma and a
degree from an eligible post-secondary institution.
  (c) Allow students who participate in the Student Bill of
Rights Program to enroll full-time or part-time in an eligible
post-secondary institution.
  (d) Provide public funding for educational services to students
directly to the eligible post-secondary institutions to offset
tuition charges for students who participate in the Student Bill
of Rights Program. + }
  SECTION 3.  { + (1) A student enrolled in grade 11 or 12 of a
public school or a student who has received a Certificate of
Initial Mastery, except a foreign exchange student enrolled in a
school under a cultural exchange program, may apply to an
eligible post-secondary institution for enrollment in
post-secondary courses offered by the eligible post-secondary
institution.
  (2) If an eligible post-secondary institution accepts a student
for enrollment under this section, the eligible post-secondary
institution shall send written notice to the student, the
student's school district and the Department of Education within
10 days of acceptance. The notice shall indicate the
post-secondary courses and hours of enrollment of the
student. + }
  SECTION 4.  { + An eligible post-secondary institution may
enroll a student participating in the Student Bill of Rights
Program only in post-secondary courses as defined in section 1 of
this 2001 Act. + }
  SECTION 5.  { + (1) A school district shall provide to all
eligible students and the students' parents or legal guardians
information about the Student Bill of Rights Program including,
but not limited to:
  (a) Who may enroll;
  (b) Which post-secondary institutions are eligible to
participate in the program and which post-secondary courses are
available;
  (c) The process for granting credits under section 8 of this
2001 Act;
  (d) The number and type of credits under section 8 of this 2001
Act that may be granted to a student;
  (e) Financial arrangements for tuition, textbooks, equipment
and materials;
  (f) Available transportation services;
  (g) Available support services;
  (h) The need to arrange an appropriate schedule;
  (i) The consequences of failing or not completing a
post-secondary course;
  (j) The effect of enrolling in the Student Bill of Rights
Program on the student's ability to complete the required high
school graduation requirements; and
  (k) The academic and social responsibilities that must be
assumed by the student and the student's parents or legal
guardians.
  (2) Prior to enrolling in a post-secondary course, the student
and the student's parents or legal guardians must sign a form
provided by the school district stating that they have received
the information specified in subsection (1) of this section and
that they understand the responsibilities that must be assumed in
enrolling in the program. The Department of Education shall, upon
 
request, provide technical assistance to school districts in
developing appropriate forms. + }
  SECTION 6.  { + By February 1 of each year, every school
district shall provide general information about the Student Bill
of Rights Program to all students in grades 10 and 11 and to
students who have received a Certificate of Initial Mastery. To
assist the school district in planning, a student shall inform
the school district by March 30 of the student's intent to enroll
in post-secondary courses during the following school year. + }
  SECTION 7.  { + (1) A student who enrolls in the Student Bill
of Rights Program may not enroll in post-secondary courses under
section 3 of this 2001 Act for more than the equivalent of two
academic years. A student who first enrolls in the Student Bill
of Rights Program in grade 12 may not enroll in post-secondary
courses under section 3 of this 2001 Act for more than the
equivalent of one academic year. If a student first enrolls in a
post-secondary course in the middle of the school year, the time
of participation in the Student Bill of Rights Program shall be
reduced proportionately. If a student is enrolled in a year-round
high school and begins each grade in the summer session, summer
sessions shall not be counted against the time of participation.
  (2) A student who has graduated from high school may not
participate in the Student Bill of Rights Program under sections
1 to 15 of this 2001 Act. A student who has completed course
requirements for graduation but who has not received a diploma
may participate in the Student Bill of Rights Program under
sections 1 to 15 of this 2001 Act. + }
  SECTION 8.  { + (1) If a student successfully completes a
post-secondary course in which the student is enrolled pursuant
to sections 1 to 15 of this 2001 Act, a school district shall
grant credit to the student. Seven quarter or four semester
college credits shall equal at least one high school credit. A
school district shall also grant specific course credit to a
student enrolled in a post-secondary course. If no comparable
course is offered by the school district, the school district
shall notify the Department of Education as soon as possible, and
the department shall determine the number of specific course
credits that will be granted to a student who successfully
completes a post-secondary course. If a comparable course is
offered by the school district, the school district shall grant a
comparable number of specific course credits to the student.
  (2) Prior to a student beginning a post-secondary course, the
school district shall notify the student of the number and type
of credits that the student will be granted upon successful
completion of the post-secondary course.
  (3) If there is a dispute between the school district and the
student regarding the number or type of credits that a school
district will grant to a student or that a school district has
granted for a particular post-secondary course, the student may
appeal the school district's decision to the State Board of
Education. The decision of the state board is final and is not
subject to appeal.
  (4) Credits granted to a student under subsection (1) of this
section shall be counted toward high school graduation
requirements and subject area requirements of the state and
school district. Evidence of successful completion of each
post-secondary course and credits granted shall be included in
the student's education record. A student must provide the school
district with a copy of the student's grade in each
post-secondary course taken for credit under sections 1 to 15 of
this 2001 Act. The student's education record shall indicate that
the credits were earned at an eligible post-secondary
institution.
  (5) If a student enrolls in an eligible post-secondary
institution after leaving high school, the eligible
post-secondary institution shall award post-secondary credit for
any post-secondary course successfully completed at that
institution for credit under sections 1 to 15 of this 2001 Act. A
post-secondary institutions may award, after a student leaves
high school, post-secondary credit for any post-secondary course
successfully completed under sections 1 to 15 of this 2001 Act at
another institution. A post-secondary institution may not charge
a student for the award of credit. + }
  SECTION 9.  { + (1) A student enrolled in a post-secondary
course at an eligible post-secondary institution pursuant to
section 3 of this 2001 Act shall continue to be considered a
resident pupil of the student's school district for purposes of
calculation of the State School Fund grant under ORS 327.006 to
327.133 and 327.731.
  (2) The Department of Education shall enter into an agreement
with any eligible post-secondary institution that accepts a
student for enrollment in a post-secondary course pursuant to
section 3 of this 2001 Act for the purchase of textbooks,
equipment and materials and the payment of tuition, fees and
other necessary instructional costs associated with the student
attending post-secondary courses at the institution.
  (3) The payment for each college credit hour shall not exceed:
  (a) For an institution granting quarter college credits, an
amount = (90 percent of the General Purpose Grant per ADMw of the
school district as calculated under ORS 327.013) : 45; or
  (b) For an institution granting semester college credits, an
amount = (90 percent of the General Purpose Grant per ADMw of the
school district as calculated under ORS 327.013) : 30.
  (4) The Superintendent of Public Instruction shall withhold
from the State School Fund grant of each school district any
amount paid to an eligible post-secondary institution under this
section on behalf of any resident pupil of the school district
who participates in the Student Bill of Rights Program.
  (5) The estimated amount of each school district's General
Purpose Grant per ADMw shall be determined each year by the
Department of Education and made available to all school
districts and, upon request, to any eligible post-secondary
institution.
  (6) Nothing in this section shall prohibit a community college
or state institution of higher education from receiving
additional state funding that may be available under any other
law. + }
  SECTION 10.  { + A student enrolled in a post-secondary course
pursuant to sections 1 to 15 of this 2001 Act is not eligible for
any state student financial aid under ORS 348.040 to 348.280 and
348.505 to 348.695. + }
  SECTION 11.  { + An eligible post-secondary institution that
receives payment for a student under section 9 of this 2001 Act
may not charge that student for tuition, fees, textbooks,
equipment, materials or other necessary instructional costs of
the post-secondary courses in which the student is enrolled,
except for equipment purchased by the student that becomes the
property of the student. + }
  SECTION 12.  { + All textbooks, equipment and materials
provided to a student and paid for under section 9 of this 2001
Act are the property of the eligible post-secondary institution
that the student attended. + }
  SECTION 13.  { + (1) A student's resident school district shall
be responsible for providing transportation services to students
who attend eligible post-secondary institutions within the
boundaries of the school district pursuant to ORS 327.043.
  (2) A parent or legal guardian of a student enrolled in a
post-secondary course pursuant to sections 1 to 15 of this 2001
Act may apply to the student's resident school district for
reimbursement for transporting the student between the high
school in which the student is enrolled or the student's home and
the eligible post-secondary institution that the student attends.
  (3) Any transportation costs incurred by a school district
under this section shall be considered Approved Transportation
Costs for purposes of ORS 327.013 (8). + }
  SECTION 14.  { + (1) The resident school district of a student
participating in the Student Bill of Rights Program shall be
responsible for providing any required special education and
related services to the student. A student who requires special
education and related services shall be considered a resident for
school purposes in the school district in which the student's
parents or legal guardians or persons in parental relationship to
the student reside pursuant to ORS 339.133 and 339.134.
  (2) The resident school district may contract with an eligible
post-secondary institution for the provision of the special
education and related services under this section. The contract
shall include provisions for payment for any special education
and related services provided by the eligible post-secondary
institution. + }
  SECTION 15.  { + The provisions of sections 1 to 15 of this
2001 Act shall not apply to any post-secondary courses in which a
student is enrolled in addition to being enrolled full-time in
the student's resident school district. For purposes of this
section, a student is considered enrolled full-time if the
student is enrolled in classes for credit in the high school for
all available hours of instruction. + }
  SECTION 16. ORS 327.008 is amended to read:
  327.008. (1) There is established a State School Fund in the
General Fund. The fund shall consist of moneys appropriated by
the Legislative Assembly and moneys appropriated from the
Education Endowment Fund. The State School Fund is continuously
appropriated for the purposes of ORS 327.006 to 327.081, 327.095,
327.099, 327.101, 327.125, 327.137, 334.380, 336.575, 336.580,
336.635, 342.173, 343.243, 343.533, 343.961 and 461.543 { +  and
section 9 of this 2001 Act + }.
  (2) There shall be apportioned from the State School Fund to
each school district a State School Fund grant, consisting of the
positive amount equal to a general purpose grant and a facility
grant and a transportation grant minus local revenue, computed as
provided in ORS 327.013.
  (3) All figures used in the determination of the distribution
of the State School Fund shall be estimates for the same year as
the distribution occurs, unless otherwise specified.
  (4) Numbers of students in average daily membership used in the
distribution formula shall be the numbers as of June of the year
of distribution.
  (5) A school district may not use the portion of the State
School Fund grant that is attributable to the facility grant for
capital construction costs.
  (6) The total amount of the State School Fund that is
distributed as facility grants shall not exceed $17.5 million in
any biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall
prorate the amount of funds available for facility grants among
those school districts that qualified for a facility grant.
  SECTION 17.  { + The Student Bill of Rights Program created
under sections 1 to 15 of this 2001 Act shall first be available
to students for the 2005-2006 school year. + }
  SECTION 18.  { + This 2001 Act shall be submitted to the people
for their approval or rejection at the next regular general
election held throughout this state. + }
                         ----------