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 1131
Senate Bill 253
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 Superintendent of Public
Instruction Stan Bunn)
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.
Directs Department of Education to recover costs of certain
special education programs from State School Fund.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to costs of special education programs; creating new
provisions; amending ORS 343.243 and 346.015; repealing ORS
328.035 and 343.246; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 343.243 is amended to read:
343.243. (1) The Department of Education shall { - bill
annually an education service district - } { + recover from the
State School Fund an amount + } for each child who is { - a
resident of a school district in the education service district
and is - } enrolled in a special education program under ORS
343.261, 343.961, 343.975 and 346.010.
{ - Where there is no education service district, the
department shall bill the county school district or a common
school district having county-wide jurisdiction. - }
(2) The { - billing - } { + amount recovered + } shall be
equal to (a) the average net operating expenditure per student of
all school districts { - in the education service district - }
during the preceding school year multiplied by (b) the resident
average daily membership of students enrolled in the special
education program one-half of the school day or more, exclusive
of preschool children covered by ORS 343.533.
(3) The children covered by this section shall be enumerated in
the average daily membership of the district providing the
instruction but credit for days' attendance of such children
shall not accrue to such school district for the purpose of
distributing state school funds.
{ - (4) The department shall notify each executive officer of
the administrative office for the county, as defined in ORS
328.001, of its estimated billing not later than March 1 of each
year. Not later than August 15, the department shall submit the
actual billing to the executive officer. The due date for payment
of the billing to the department shall be not later than December
15 following that August 15. - }
{ - (5) The education service district, county school
district or common school district shall pay the amount of the
billing from the county school fund. In cases where this billing
exceeds the amount in the county school fund, the unpaid balance
shall be recovered by the department from the State School
Fund. - }
{ - (6) - } { + (4) + } The liability of a district shall
not exceed the amount established under this section even if the
child is otherwise subject to ORS 336.575 and 336.580.
{ - (7) - } { + (5) + } The amounts { - received by the
department - } { + recovered from the State School Fund + }
shall be credited to the appropriate subaccount in the Special
Education Account.
SECTION 2. ORS 346.015 is amended to read:
346.015. (1) Prior to convening a meeting to prepare an
individual education plan for a mentally retarded or
developmentally disabled child for whom placement at a school
under ORS 346.010 may be considered, the agency that is providing
the education for the child shall notify the local community
mental health and developmental disabilities program. The
mentally retarded and developmentally disabled program mental
health case manager in consultation with the Mental Health and
Developmental Disability Services Division and with the
assistance of a State Office for Services to Children and
Families caseworker shall evaluate whether the child also has
needs for alternative residential care or other support services.
If the evaluation determines this to be the case, but documents
that community resources are not available to meet these needs,
the school district may proceed with the meeting to prepare the
individual education plan in which placement at a school under
ORS 346.010 may be considered.
(2) An agency providing education under subsection (1) of this
section may initiate the procedure in subsection (1) of this
section for any child who is not mentally retarded or
developmentally disabled when in the agency's judgment a
treatment or residential issue is prompting proposed placement
under ORS 346.010.
(3) No child shall be placed in a facility operated under ORS
346.010 { - and no school district of residence shall be billed
under ORS 343.243 - } unless the district superintendent or the
superintendent's designee has signed a statement declaring that
the district cannot provide a free appropriate public education
for the child commensurate with the needs of the child as
identified by the individual education plan of the child and that
the facility is the least restrictive environment in which the
child can be educated.
(4) By rule, the State Board of Education shall determine
procedures to be followed by local education agencies in carrying
out this section.
SECTION 3. { + ORS 328.035 and 343.246 are repealed. + }
SECTION 4. { + The amendments to ORS 343.243 and 346.015 by
sections 1 and 2 of this 2001 Act and the repeal of ORS 328.035
and 343.246 by section 3 of this 2001 Act shall first apply to
the 2001-2002 school year. + }
SECTION 5. { + 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 July 1,
2001. + }
----------