71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 258
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)
CHAPTER ................
AN ACT
Relating to alternative education programs; creating new
provisions; amending ORS 336.615, 336.625, 336.631, 336.635,
336.637, 336.645, 336.655, 339.030 and 339.505; and declaring
an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 336.615 is amended to read:
336.615. As used in ORS 336.615 to 336.665, 'alternative
education program' means a school or separate class group
designed to { - assist students to achieve the goals of the
curriculum in a manner consistent with their learning styles and
needs - } { + best serve students' educational needs and
interests and assist students in achieving the academic standards
of the school district and the state + }.
SECTION 2. ORS 336.625 is amended to read:
336.625. (1) In implementing alternative education programs,
district school boards shall maintain learning situations that
are flexible with regard to environment, time, structure and
pedagogy.
(2) Students participating in alternative education programs
are considered to be the responsibility of the resident district
for purposes of ORS 332.072.
(3) The State Board of Education by rule { + :
(a) + } Shall define the accountable activities and allowable
credit for these activities in alternative education programs
{ - . - } { + ; + }
{ + (b) Shall adopt a process for registering private
alternative education programs that includes, but is not limited
to, the requirements of ORS 336.631; and
(c) Shall establish standards for private alternative education
programs to ensure a safe educational environment and an
instructional program that provides students with the opportunity
to make progress toward achieving state academic content and
performance standards. + }
(4) A school district may not waive the right to implement an
alternative education program in a collective bargaining
agreement.
SECTION 3. ORS 336.631 is amended to read:
Enrolled Senate Bill 258 (SB 258-A) Page 1
336.631. { + (1) Prior to contracting with or distributing any
public funds to a private alternative education program, a
district school board shall:
(a) Annually approve the private alternative education program;
(b) Determine that the private alternative education program is
registered with the Department of Education; and
(c) Determine that the private alternative education program
complies with the requirements of subsection (2) of this section
and ORS 336.625 (3)(c). + }
{ - (1) - } { + (2) + } The following laws shall apply to
private alternative { + education + } programs that are
registered with the Department of Education under ORS 336.635 in
the same manner as the laws apply to school districts and public
schools:
(a) Federal law;
(b) ORS 181.539, 326.603, 326.607 and 342.232 (criminal records
checks);
(c) ORS 337.150, 339.141, 339.147 and 339.155 (tuition and
fees);
(d) ORS 659.150 and 659.155 (discrimination);
(e) Health and safety statutes and rules; and
(f) Any statute, rule or school district policy that is
specified in a contract between the school district board and the
private alternative { + education + } program.
{ - (2) - } { + (3) + } Prior to placement of a student in
a private alternative { + education + } program, the resident
district shall determine whether the proposed placement best
serves the student's educational needs and interests
{ - within - } { + and assists the student in achieving + }
the district and state academic standards.
{ - (3) A school district board shall evaluate and approve
annually each registered private alternative program that
provides educational services to students enrolled in the
district to ensure compliance with subsection (1) of this section
and the provisions of any contract between the district and the
program, and to ensure that the program enhances the district's
ability to achieve district and state academic standards. - }
(4) Contracts between a school district and a private
alternative { + education + } program shall be included in the
assessment of effectiveness provided for in ORS 329.085.
SECTION 4. ORS 336.635 is amended to read:
336.635. (1) When necessary to meet a student's educational
needs and interests, the parent or guardian with the approval of
the resident district and the attending district may enroll the
student in one of the proposed appropriate and accessible public
alternative { + education + } programs or { - the - } private
alternative { + education + } programs of instruction or
instruction combined with counseling registered with the
Department of Education. If the child is determined to be
eligible for special education under ORS 343.221 to 343.236 and
343.261 to 343.295, the program must be approved by the
Department of Education prior to the placement of the student in
the program. A student enrolled pursuant to this subsection or
enrolled in an alternative { + education + } program on or after
July 1, 1995, because the student's educational needs and
interests are best met through participation in such a program
shall be considered enrolled in the schools of the district for
purposes of the distribution of the State School Fund.
(2) The { - alternate - } { + alternative education + }
program in which the student enrolls with the districts' approval
Enrolled Senate Bill 258 (SB 258-A) Page 2
shall notify the school district in which the student or the
student's parents or legal guardian, if any, resided at the time
the student enrolled of the child's enrollment and may bill the
school district for tuition. The billing may be made annually or
at the end of each term or semester of the { - alternate - }
{ + alternative education + } program. For each full-time
equivalent student enrolled in the alternative education program,
{ - as defined in ORS 336.615, - } the school district shall
pay the actual cost of the program or an amount at least
equivalent to 80 percent of the district's estimated current
year's average per student net operating expenditure, whichever
is lesser, in accordance with rules adopted by the State Board of
Education. The { - alternate - } { + alternative
education + } program shall be accountable for the expenditures
of all State School Fund and other local school support moneys,
providing the school district with an annual statement of such
expenditures.
(3) A private alternative { + education + } program that is
registered with the Department of Education is not required to
employ only licensed teachers or administrators. Teachers and
administrators in such private programs shall not be considered
employees of any district for purposes of ORS 342.173.
(4) A school district is not required to provide a public
alternative { + education + } program if there are public or
{ + approved + } private alternative { + education + } programs
that are appropriate and accessible to the student to which a
student can be referred.
(5) Any Oregon teaching license is valid for teaching all
subjects and grade levels in an alternative education program
operated by a school district or education service district.
SECTION 5. ORS 336.637 is amended to read:
336.637. (1) A private alternative { + education + } program
shall ensure that students receive instruction in the educational
standards adopted by the State Board of Education for the grade
level the program serves.
(2) Students enrolled in a private alternative
{ + education + } program shall take the statewide assessment
developed by the Department of Education under ORS 329.485. A
private alternative { + education + } program shall be
accountable for determining the progress of its students toward
achieving academic content standards as defined in ORS 329.007
{ - at grades 3, 5, 8 and 10 - } . The private alternative { +
education + } program shall { - annually - } report { + , at
least annually, each student's academic progress, including + }
the results of the { + state + } assessment to students, parents
and the school district.
SECTION 6. ORS 336.645 is amended to read:
336.645. The State Board of Education shall adopt rules to
implement the provisions of ORS 336.615 to 336.665 that shall
include rules regarding { + school + } district notification to
parents and students of the availability of alternative
{ + education + } programs, the law regarding alternative
{ + education + } programs and the procedures for requesting
district school boards to establish alternative
{ + education + } programs.
SECTION 7. ORS 336.655 is amended to read:
336.655. { + (1) + } Each { + school + } district operating,
participating in or contracting for { - , an - } { + a public
or private + } alternative education program shall evaluate
{ - each - } { + the + } program { + at least + }
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annually. { + The district shall provide the public or private
alternative education program with a copy of the written
evaluation.
(2) For private alternative education programs, the evaluation
shall include, but is not limited to:
(a) A review of the private alternative education program's
annual statement of expenditures as required by ORS 336.635 (2);
(b) A determination that the private alternative education
program is in compliance with ORS 336.625 (3)(c) and 336.631 (2);
(c) The approval of any contract between the district and the
private alternative education program; and
(d) A review to ensure that the private alternative education
program enhances the ability of the district and its students to
achieve district and state standards. + }
SECTION 8. ORS 339.030 is amended to read:
339.030. (1) In the following cases, children shall not be
required to attend public full-time schools:
(a) Children being taught in a private or parochial school in
the courses of study usually taught in grades 1 through 12 in the
public schools and in attendance for a period equivalent to that
required of children attending public schools in the 1994-1995
school year.
(b) Children proving to the satisfaction of the district school
board that they have acquired equivalent knowledge to that
acquired in the courses of study taught in grades 1 through 12 in
the public schools.
(c) Children being taught for a period equivalent to that
required of children attending public schools by a private
teacher the courses of study usually taught in grades 1 through
12 in the public school.
(d) Children being educated in the children's home by a parent
or legal guardian.
(e) Children excluded from attendance as provided by law.
(2) The State Board of Education by rule shall establish
procedures whereby, on a semiannual basis, an exemption from
compulsory attendance may be granted to the parent or legal
guardian of any child 16 or 17 years of age who is lawfully
employed full-time, lawfully employed part-time and enrolled in
school, { - or enrolled in - } a community college or
{ - other state-registered - } { + an + } alternative
education program { + as defined in ORS 336.615 + }.
{ - Such - } { + An + } exemption also may be granted to any
child who is an emancipated minor or who has initiated the
procedure for emancipation under ORS 419B.550 to 419B.558.
SECTION 9. ORS 339.505 is amended to read:
339.505. (1) For purposes of the student accounting system
required by ORS 339.515, the following definitions shall be used:
(a) 'Graduate' means an individual who has not reached 21 years
of age or whose 21st birthday occurs during the current school
year; has met all state requirements and local requirements for
attendance, competence and units of credit for high school; and
has received one of the following:
(A) A high school diploma issued by a school district.
(B) An adult high school diploma issued by an authorized
community college.
(C) A modified high school diploma based on the successful
completion of an individual education plan.
(b) 'School dropout' means an individual who:
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(A) Has enrolled for the current school year, or was enrolled
in the previous school year and did not attend during the current
school year;
(B) Is not a high school graduate;
(C) Has not received a General Educational Development (GED)
certificate; and
(D) Has withdrawn from school.
(c) 'School dropout' does not include a student described by at
least one of the following:
(A) Student has transferred to another educational system or
institution that leads to graduation and the school district has
received a written request for the transfer of the student's
records or transcripts.
(B) Student is deceased.
(C) Student is participating in home instruction paid for by
the district.
(D) Student is being taught by a private teacher, parent or
legal guardian pursuant to ORS 339.030 (1)(c) or (d).
(E) Student is participating in a Department of Education
approved public or private education program, { - including - }
an alternative education program { + as defined in ORS
336.615 + }, a Department of Human Services facility or a
hospital education program.
(F) Student is temporarily residing in a shelter care program
certified by the Oregon Youth Authority or the State Office for
Services to Children and Families or in a juvenile detention
facility.
(G) Student is enrolled in a foreign exchange program.
(H) Student is temporarily absent from school because of
suspension, a family emergency, or severe health or medical
problems which prohibit the student from attending school.
(I) Student has received a General Educational Development
(GED) certificate.
(2) The State Board of Education shall prescribe by rule when
an unexplained absence becomes withdrawal, when a student is
considered enrolled in school, acceptable alternative
{ + education + } programs under ORS 336.615 to 336.665 and the
standards for excused absences for purposes of ORS 339.065 for
family emergencies and health and medical problems.
SECTION 10. { + The amendments to ORS 336.615, 336.625,
336.631, 336.635, 336.637, 336.645, 336.655, 339.030 and 339.505
by sections 1 to 9 of this 2001 Act shall first apply to the
2001-2002 school year. + }
SECTION 11. { + 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. + }
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Enrolled Senate Bill 258 (SB 258-A) Page 5
Passed by Senate February 13, 2001
Repassed by Senate June 4, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 24, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 258 (SB 258-A) Page 6
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 258 (SB 258-A) Page 7