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 1433
Senate Bill 648
Sponsored by Senator STARR (at the request of Therese Steward)
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 State Board of Education to establish tiered
certification requirements for persons providing special
education services to students with autism spectrum disorder.
Directs board to adopt rules governing development and
implementation of educational programs for students with autism
spectrum disorder. Specifies that child with autism spectrum
disorder enrolled in private school is eligible for related
services provided by school district.
Specifies that children with autism spectrum disorder who are
eligible for special education are also eligible for services
from Department of Human Services. Directs Mental Health and
Developmental Disability Services Division to adopt certification
requirements for persons providing intensive behavior
intervention based on principles of applied behavior analysis.
Directs division to provide intensive behavior intervention based
on principles of applied behavior analysis. Directs division to
contract with private persons to provide intensive behavior
intervention.
Directs State Board of Education to adopt rules directing
community colleges and state institutions of higher education to
aid in training staff to provide intensive behavior intervention
based on principles of applied behavior analysis.
Requires certain health insurance policies to cover diagnosis
and treatment of autism spectrum disorder.
Modifies amount of school district general purpose grant for
students with autism spectrum disorder. Requires school district
to expend that amount on providing special education services to
students with autism spectrum disorder.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to autism spectrum disorder; creating new provisions;
amending ORS 327.013, 750.055 and 750.333; and declaring an
emergency.
Whereas autism spectrum disorder is a very serious functional
developmental disability that typically appears during the first
three years of life, is a spectrum disorder with severe to mild
levels of disability and is a spectrum disorder that affects each
individual differently; and
Whereas individuals with autism spectrum disorder typically
present symptoms of pervasive developmental disorders in most if
not all areas of development and behavior including basic
receptive and expressive communication abilities and speech and
language skills; social awareness and the ability to relate to
people or the environment; processing of sensory and motor
information; and memory, thinking, judgment and functional
behavior; and
Whereas the breadth and depth of autism spectrum disorder
includes significant to profound disabilities in functions of the
brain, often with unusually high and low splintering of skills,
including distortion of developmental and skill learning
sequences; and
Whereas research indicates that intensive behavior intervention
based on principles of applied behavior analysis significantly
helps children with autism spectrum disorder attain improved
intellectual, academic, communication, social and daily living
skills; and
Whereas independent autism task forces in a number of states,
including New York and Maine, have concluded that applied
behavior analysis is the most efficacious and statistically
significant intervention for children with autism spectrum
disorder; and
Whereas reports indicate that intensive behavior intervention
may result in various human resource cost savings ranging from
$187,000 to $203,000 per person from ages 3 to 22 years, and from
$656,000 to $1,082,000 per person from ages 3 to 55 years; and
Whereas the initial costs of providing intensive behavior
intervention are outweighed by estimated long-term savings and
cost avoidance; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2001 Act are added to
and made a part of ORS chapter 343. + }
SECTION 2. { + (1) The State Board of Education by rule shall
establish and administer tiered certification requirements for
persons providing special education or related services to
students with autism spectrum disorder, including but not limited
to:
(a) Special education teachers;
(b) Related service providers;
(c) Educational assistants; and
(d) Autism spectrum disorder specialists.
(2) A person described in subsection (1) of this section may
not provide special education or related services to students
with autism spectrum disorder unless the person is certified by
the State Board of Education under the rules described in this
section.
(3) In adopting the tiered certification requirements, the
State Board of Education shall consider applied behavior analysis
tiered certification requirements adopted in other states, best
practices recommendations adopted by the Autism Society of
America and tiered certification requirements adopted by private
organizations of providers of applied behavior analysis services,
including the Association for Behavior Analysis.
(4) The tiered certification requirements adopted under this
section shall include more stringent requirements for persons
serving in supervisory, training or monitoring positions.
(5) Persons described in subsection (1) of this section
providing intensive behavior intervention based on principles of
applied behavior analysis to students with autism spectrum
disorder shall also comply with the requirements of section 8 of
this 2001 Act. + }
SECTION 3. { + (1) The State Board of Education shall
establish by rule provisions governing the content, development
and implementation of educational programs for students with
autism spectrum disorder.
(2) The Superintendent of Public Instruction shall conduct an
annual evaluation of the effectiveness of education programs for
students with autism spectrum disorder. The evaluation shall use
established scientific practices of data collection and analysis.
The results of the evaluation shall be disseminated to the
public. + }
SECTION 4. { + Notwithstanding any other provision of this
chapter:
(1) A child with autism spectrum disorder who is eligible for
special education services and who is enrolled in a private
school shall be eligible for related services that shall be
provided at no cost to the parents. The related services shall be
provided as determined in an individualized education program
developed pursuant to this chapter and rules of the State Board
of Education.
(2) Subsection (1) of this section applies to children placed
in a private school under an individualized education program and
children enrolled in a private school without the consent of the
school district. + }
SECTION 5. { + (1) The requirements established by rule of the
State Board of Education under section 2 of this 2001 Act shall
specify a date by which persons providing special education or
related services to students with autism spectrum disorder on the
effective date of this 2001 Act must satisfy tiered certification
requirements.
(2) The State Board of Education shall adopt rules under
section 2 of this 2001 Act not later than January 1, 2002.
(3) The State Board of Education shall adopt rules under
section 3 of this 2001 Act not later than January 1, 2002. + }
SECTION 6. { + Sections 7 to 9 of this 2001 Act are added to
and made a part of ORS chapter 430. + }
SECTION 7. { + (1) Any preschool child with a disability or
child with a disability who is determined to be eligible for
early intervention services, early childhood special education
services or special education services under ORS chapter 343
because the child has been evaluated as having autism spectrum
disorder shall be eligible for services described in ORS 430.215
that are provided by the Mental Health and Developmental
Disability Services Division.
(2) The Department of Education and the Department of Human
Services shall enter into an interagency agreement to facilitate
the coordination of educational and human resource services to
children with autism spectrum disorder. + }
SECTION 8. { + (1) The Mental Health and Developmental
Disability Services Division shall adopt by rule tiered
certification requirements to ensure that only qualified persons
provide intensive behavior intervention based on principles of
applied behavior analysis for persons with autism spectrum
disorder. Certification requirements shall include, for initial
certification, examination of competencies in applying behavior
analysis to persons with autism spectrum disorder within
established competency clusters. The competency clusters shall
include, but not be limited to, behavior assessments,
observation, recording and behavior program development, ethical
guidelines and monitoring. Fees shall be charged for
certification not to exceed the cost of development and
administration of the examination and periodic renewal of
certification. The rules shall include procedures for
certification and certification renewal.
(2) A person may not provide intensive behavior intervention
based on principles of applied behavior analysis to persons with
autism spectrum disorder, at public expense, unless the person
has been certified to provide the intervention under rules
adopted by the Mental Health and Developmental Disability
Services Division.
(3) In adopting rules under this section, the Mental Health and
Developmental Disability Services Division shall consider applied
behavior analysis tiered certification requirements adopted in
other states, best practices recommendations adopted by the
Autism Society of America and tiered certification requirements
adopted by private organizations of providers of applied behavior
analysis services, including the Association for Behavior
Analysis. The rules shall also include reciprocity provisions
under which persons certified in other states may provide
services in this state.
(4) The tiered certification requirements adopted under this
section shall include more stringent requirements for persons
serving in supervisory, training or monitoring positions. + }
SECTION 9. { + (1) In addition to the other functions and
duties of the Mental Health and Developmental Disability Services
Division as specified by law, upon application, the division
shall provide up to 40 hours per week of intensive behavior
intervention based on principles of applied behavior analysis to
persons up to 18 years of age who have been diagnosed as meeting
the criteria for autism spectrum disorder as contained in the
Diagnostic and Statistical Manual of Mental Disorders, Fourth
Edition (DSM-IV).
(2) The division shall apply for any waiver of Medicaid
requirements that may be necessary to aid the division in
providing funding for participation by persons described in
subsection (1) of this section in intensive behavior intervention
based on principles of applied behavior analysis.
(3) The division shall contract with private agencies or
persons, including private nonprofit agencies, to provide the
intensive behavior intervention based on principles of applied
behavior analysis required under this section.
(4) The intensive behavior intervention based on principles of
applied behavior analysis required under this section may be
provided as part of an individualized education program developed
under ORS chapter 343. If the intervention is provided as part of
an individualized education program, payment for the intervention
shall be provided as described in ORS 343.961.
(5) If the intensive behavior intervention based on principles
of applied behavior analysis required under this section is not
provided as part of an individualized education program, payment
for the intervention shall be allocated between the Department of
Human Services and the Department of Education in the manner
determined by an interagency agreement entered into between the
two departments under section 7 (2) of this 2001 Act.
(6) The Mental Health and Developmental Disability Services
Division and the State Board of Education shall adopt rules
necessary to implement this section. + }
SECTION 10. { + (1) Rules adopted by the Mental Health and
Developmental Disability Services Division under section 8 of
this 2001 Act shall specify a date by which persons providing
intensive behavior intervention based on principles of applied
behavior analysis for persons with autism spectrum disorder on
the effective date of this 2001 Act must satisfy certification
requirements.
(2) The Mental Health and Developmental Disability Services
Division and the State Board of Education shall adopt rules under
sections 8 and 9 of this 2001 Act not later than January 1,
2002. + }
SECTION 11. { + Section 12 of this 2001 Act is added to and
made a part of ORS chapter 343. + }
SECTION 12. { + The State Board of Education shall adopt rules
directing community colleges defined in ORS 341.005 to cooperate
with the Mental Health and Developmental Disability Services
Division, the Department of Education and private providers for
purposes of training staff to provide intensive behavior
intervention based on principles of applied behavior analysis to
persons with autism spectrum disorder as required under sections
8 and 9 of this 2001 Act. + }
SECTION 13. { + Section 14 of this 2001 Act is added to and
made a part of ORS chapter 352. + }
SECTION 14. { + The State Board of Higher Education shall
adopt rules directing state institutions of higher education
listed in ORS 352.002 to cooperate with the Mental Health and
Developmental Disability Services Division, the Department of
Education and private providers for purposes of training staff to
provide intensive behavior intervention based on principles of
applied behavior analysis to persons with autism spectrum
disorder as required under sections 8 and 9 of this 2001 Act. + }
SECTION 15. { + Section 16 of this 2001 Act is added to and
made a part of ORS chapter 352. + }
SECTION 16. { + The Oregon Health Sciences University Board of
Directors and university officials acting under the authority of
the board shall cooperate with the Mental Health and
Developmental Disability Services Division, the Department of
Education and private providers for purposes of training staff to
provide intensive behavior intervention based on principles of
applied behavior analysis to persons with autism spectrum
disorder as required under sections 8 and 9 of this 2001 Act. + }
SECTION 17. { + Section 18 of this 2001 Act is added to and
made a part of ORS chapter 743. + }
SECTION 18. { + (1) All individual and group health insurance
policies, and all health benefit plans as defined in ORS 743.730,
providing coverage for hospital, medical or surgical expenses,
other than coverage limited to expenses from accidents or
specific diseases, shall provide coverage for the diagnosis of
autism spectrum disorder, and the treatment of autism spectrum
disorder prescribed by the referring physician, including
treatment provided in the home of the person with autism spectrum
disorder, under the same terms and conditions applied to other
medical and mental conditions. Treatment covered under this
section includes, but is not limited to, coverage for therapeutic
evaluations and interventions, speech therapy, occupational
therapy, physical therapy, sensory integration therapy and
intensive behavior intervention based on principles of applied
behavior analysis.
(2) For purposes of this section, a person shall be considered
to have autism spectrum disorder if the person has been diagnosed
as meeting the criteria for autism as contained in the Diagnostic
and Statistical Manual of Mental Disorders, Fourth Edition
(DSM-IV).
(3) ORS 743.700 does not apply to this section. + }
SECTION 19. { + Section 18 of this 2001 Act and the amendments
to ORS 750.055 and 750.333 by sections 20 and 21 of this 2001 Act
apply to health insurance policies issued or renewed on or after
the operative date of section 18 of this 2001 Act and the
amendments to ORS 750.055 and 750.333 by sections 20 and 21 of
this 2001 Act. + }
SECTION 20. ORS 750.055 is amended to read:
750.055. (1) The following provisions of the Insurance Code
shall apply to health care service contractors to the extent so
applicable and not inconsistent with the express provisions of
ORS 750.005 to 750.095:
(a) ORS 731.004 to 731.150, 731.162, 731.216 to 731.362,
731.382, 731.385, 731.386, 731.390, 731.398 to 731.430, 731.450,
731.454, 731.488, 731.504, 731.508, 731.509, 731.510, 731.511,
731.512, 731.574 to 731.620, 731.592, 731.594, 731.640 to
731.652, 731.730, 731.731, 731.735, 731.737, 731.740, 731.750,
731.804 and 731.844 to 731.992.
(b) ORS 732.215, 732.220, 732.230, 732.245, 732.250, 732.320,
732.325 and 732.517 to 732.592, not including ORS 732.549 and
732.574 to 732.592.
(c)(A) ORS 733.010 to 733.050, 733.080, 733.140 to 733.170,
733.210, 733.510 to 733.620, 733.635 to 733.680 and 733.695 to
733.780 apply to not-for-profit health care service contractors.
(B) ORS chapter 733, not including ORS 733.630, applies to
for-profit health care service contractors.
(d) ORS chapter 734.
(e) ORS 742.001 to 742.009, 742.013, 742.061, 742.065, 742.150
to 742.162, 742.400, 742.520 to 742.540, 743.010, 743.013,
743.018 to 743.030, 743.050, 743.100 to 743.109, 743.402,
743.412, 743.472, 743.492, 743.495, 743.498, 743.522, 743.523,
743.524, 743.526, 743.527, 743.528, 743.529, 743.549 to 743.555,
743.556, 743.560, 743.600 to 743.610, 743.650 to 743.656,
743.693, 743.697, 743.699, 743.701, 743.704, 743.706 to 743.712,
743.721, 743.722, 743.726, 743.727, 743.728, 743.729, 743.804,
743.807, 743.808, 743.809, 743.814 to 743.839, 743.842, 743.845
and 743.847 { + and section 18 of this 2001 Act + }.
(f) The provisions of ORS chapter 744 relating to the
regulation of agents.
(g) ORS 746.005 to 746.140, 746.160, 746.180, 746.220 to
746.370 and 746.600 to 746.690.
(h) ORS 743.714, except in the case of group practice health
maintenance organizations that are federally qualified pursuant
to Title XIII of the Public Health Service Act unless the patient
is referred by a physician associated with a group practice
health maintenance organization.
(i) ORS 735.600 to 735.650.
(j) ORS 743.680 to 743.689.
(k) ORS 744.700 to 744.740.
(L) ORS 743.730 to 743.773.
(m) ORS 731.485, except in the case of a group practice health
maintenance organization that is federally qualified pursuant to
Title XIII of the Public Health Service Act and that wholly owns
and operates an in-house drug outlet.
(2) For the purposes of this section only, health care service
contractors shall be deemed insurers.
(3) Any for-profit health care service contractor organized
under the laws of any other state which is not governed by the
insurance laws of such state, will be subject to all requirements
of ORS chapter 732.
(4) The Director of the Department of Consumer and Business
Services may, after notice and hearing, adopt reasonable rules
not inconsistent with this section and ORS 750.003, 750.005,
750.025 and 750.045 that are deemed necessary for the proper
administration of these provisions.
SECTION 21. ORS 750.333 is amended to read:
750.333. (1) The following provisions of the Insurance Code
apply to trusts carrying out a multiple employer welfare
arrangement:
(a) ORS 731.004 to 731.150, 731.162, 731.216 to 731.268,
731.296 to 731.316, 731.324, 731.328, 731.378, 731.386, 731.390,
731.398, 731.406, 731.410, 731.414, 731.418 to 731.434, 731.454,
731.484, 731.486, 731.488, 731.512, 731.574 to 731.620, 731.640
to 731.652, 731.804 to 731.992.
(b) ORS 733.010 to 733.050, 733.140 to 733.170, 733.210,
733.510 to 733.680 and 733.695 to 733.780.
(c) ORS chapter 734.
(d) ORS 742.001 to 742.009, 742.013, 742.061 and 742.400.
(e) ORS 743.028, 743.053, 743.524, 743.526, 743.527, 743.528,
743.529, 743.530, 743.560, 743.562, 743.600, 743.601, 743.602,
743.610, 743.693, 743.699, 743.727, 743.728, 743.730 to 743.773
(except 743.760 to 743.773), 743.801, 743.804, 743.807, 743.808,
743.809, 743.814 to 743.839, 743.842, 743.845 and 743.847
{ + and section 18 of this 2001 Act + }.
(f) ORS 743.556, 743.701, 743.703, 743.704, 743.706, 743.707,
743.709, 743.710, 743.712, 743.713, 743.714, 743.717, 743.718,
743.719, 743.721, 743.722, 743.725 and 743.726. Multiple employer
welfare arrangements to which ORS 743.730 to 743.773 apply are
subject to the sections referred to in this paragraph only as
provided in ORS 743.730 to 743.773.
(g) Provisions of ORS chapter 744 relating to the regulation of
agents and insurance consultants, and ORS 744.700 to 744.740.
(h) ORS 746.005 to 746.140, 746.160, 746.180 and 746.220 to
746.370.
(i) ORS 731.592 and 731.594.
(2) For the purposes of this section:
(a) A trust carrying out a multiple employer welfare
arrangement shall be considered an insurer.
(b) References to certificates of authority shall be considered
references to certificates of multiple employer welfare
arrangement.
(c) Contributions shall be considered premiums.
(3) The provision of health benefits under ORS 750.301 to
750.341 shall be considered to be the transaction of health
insurance.
SECTION 22. { + Section 23 of this 2001 Act is added to and
made a part of ORS 327.006 to 327.133. + }
SECTION 23. { + (1) The Department of Education shall
calculate for each fiscal year the amount of each school
district's general purpose grant under ORS 327.008 that is
attributable to the additional weighting described in ORS 327.013
(7)(a)(B).
(2) Each fiscal year, a school district shall expend the amount
calculated under subsection (1) of this section on providing
special education and related services to students with autism
spectrum disorder. The total amount expended may include moneys
expended under section 9 of this 2001 Act. + }
SECTION 24. ORS 327.013 is amended to read:
327.013. The State School Fund distributions shall be computed
as follows:
(1) General Purpose Grant = Funding Percentage X Target Grant X
District extended ADMw.
(2) The funding percentage shall be calculated by the
Superintendent of Public Instruction to distribute as nearly as
practicable the total sum available for distribution of money.
(3) Target Grant = Statewide Target per ADMw Grant + Teacher
Experience Factor.
(4) Statewide Target per ADMw Grant = $4,500.
(5) Teacher Experience Factor = $25 X {District average teacher
experience - statewide average teacher experience}. ' Average
teacher experience' means the average, in years, of teaching
experience of certified teachers as reported to the Department of
Education.
(6) District extended ADMw = ADMw or ADMw of the prior year,
whichever is greater.
(7)(a) Weighted average daily membership or ADMw = average
daily membership + an additional amount computed as follows:
(A) 1.0 for each student in average daily membership eligible
for special education as a child with disabilities under ORS
343.035, applicable to not to exceed 11 percent of the district's
ADM without review and approval of the Department of Education.
Children with disabilities eligible for special education in
adult local correctional facilities as defined in ORS 169.005 or
adult regional correctional facilities as defined in ORS 169.620
shall not be included in the calculation of the 11 percent.
{ + (B) 5.0 for each student with autism spectrum disorder in
average daily membership eligible for special education as a
child with a disability under ORS 343.035. Students included in
this subparagraph may not be included in the calculation under
subparagraph (A) of this paragraph. + }
{ - (B) - } { + (C) + } 0.5 for each student in average
daily membership eligible for and enrolled in an English as a
Second Language program under ORS 336.079.
{ - (C) - } { + (D) + } 0.2 for each student in average
daily membership enrolled in a union high school district or in
an area of a unified school district where the district is only
responsible for educating students in grades 9 through 12 in that
area.
{ - (D) - } { + (E) + } -0.1 for each student in average
daily membership enrolled in an elementary district operating
kindergarten through grade 6 or kindergarten through grade 8 or
in an area of a unified school district where the district is
only responsible for educating students in kindergarten through
grade 8.
{ - (E) - } { + (F) + } 0.25 times the sum of the
following:
(i) The number of children 5 to 17 years of age in poverty
families in the district, as determined by the Department of
Education from a report of the federal Department of Education,
as adjusted by the school district's proportion of students in
the county receiving free or reduced price lunches under the
United States Department of Agriculture's current Income
Eligibility Guidelines if the number is higher than the number
determined from census data and only if the school district had
an average daily membership of 2,500 or less for the 1995-1996
school year, and as further adjusted by the number of students in
average daily membership in June of the year of distribution
divided by number of students in average daily membership in the
district, or its predecessors, in June 1990;
(ii) The number of children in foster homes in the district as
determined by the report of the Department of Human Services to
the federal Department of Education, 'Annual Statistical Report
on Children in Foster Homes and Children in Families Receiving
AFDC Payments in Excess of the Poverty Income Level,' or its
successor, for October 31 of the year prior to the year of
distribution; and
(iii) The number of children in the district in
state-recognized facilities for neglected and delinquent
children, based on information from the Department of Human
Services for October 31 of the year prior to the year of
distribution.
{ - (F)(i) - } { + (G)(i) + } An additional amount as
determined by ORS 327.077 (1997 Edition) shall be added to the
ADMw for each remote small school in the district.
(ii) An additional amount as determined by section 23, chapter
1066, Oregon Laws 1999, for each small high school in the
district that is equal to the small high school additional
weighting amount.
{ - (G) - } { + (H) + } All numbers of children used for
the computation in this section must reflect any district
consolidations that have occurred since the numbers were
compiled.
(b) The total additional weight that shall be assigned to any
student in average daily membership in a district, exclusive of
students described in paragraph { - (a)(E) and (F) - }
{ + (a)(B), (F) and (G) + } of this subsection shall not exceed
2.0.
(8) Transportation Grant = 70 percent of Approved
Transportation Costs.
(9) Local Revenues are the total of the following:
(a) The amount of revenue offset against local property taxes
as determined by the Department of Revenue under ORS 311.175
(3)(a)(A);
(b) The amount of property taxes actually received by the
district including penalties and interest on taxes;
(c) The amount of revenue received by the district from the
Common School Fund under ORS 327.403 to 327.415;
(d) The amount of revenue received by the district from the
county school fund;
(e) The amount of revenue received by the district from the 25
percent of federal forest reserve revenues required to be
distributed to schools by ORS 294.060 (1);
(f) The amount of revenue received by the district from state
managed forestlands under ORS 530.115 (1)(b) and (c);
(g) The amount of revenue received under ORS 334.400 by a
school district in an education service district that provides
equalization under ORS 334.400;
(h) Moneys received in lieu of property taxes;
(i) Federal funds received without specific application by the
school district and which are not deemed under federal law to be
nonsupplantable; and
(j) Any positive amount obtained by subtracting the operating
property taxes actually imposed by the district, based on the
rate certified pursuant to ORS 310.060, from the amount that
would have been imposed by the district if the district had
certified the maximum rate of operating property taxes allowed by
law.
(10) Notwithstanding subsection (9) of this section, Local
Revenues do not include:
(a) The amount of revenue actually received by the district,
including penalties and interest on taxes, that is used for
payment of bonds issued to finance or refinance an unfunded
obligation for prior service costs under a contract of
integration pursuant to ORS 238.685 (2)(a); and
(b) If a school district imposes local option taxes pursuant to
ORS 280.040 to 280.145, an amount equal to the lesser of:
(A) The amount of revenue actually received by the district
from local option taxes imposed pursuant to ORS 280.040 to
280.145;
(B) Ten percent of the combined total for the school district
of the general purpose grant, the transportation grant and the
facility grant of the district; or
(C) $500 per district extended ADMw.
(11)(a) Facility Grant = 8 percent of total construction costs
of new school buildings.
(b) A school district shall receive a Facility Grant in the
distribution year that a new school building is first used.
(c) As used in this subsection:
(A) 'New school building' includes new school buildings, adding
structures onto existing school buildings and adding
premanufactured structures to a school district if those
buildings or structures are to be used for instructing students.
(B) 'Construction costs' does not include costs for land
acquisition.
SECTION 25. { + The amendments to ORS 327.013 by section 24 of
this 2001 Act affect State School Fund distributions commencing
with the 2001-2002 distribution. + }
SECTION 26. ORS 327.013, as amended by section 30, chapter
1066, Oregon Laws 1999, is amended to read:
327.013. The State School Fund distributions shall be computed
as follows:
(1) General Purpose Grant = Funding Percentage X Target Grant X
District extended ADMw.
(2) The funding percentage shall be calculated by the
Superintendent of Public Instruction to distribute as nearly as
practicable the total sum available for distribution of money.
(3) Target Grant = Statewide Target per ADMw Grant + Teacher
Experience Factor.
(4) Statewide Target per ADMw Grant = $4,500.
(5) Teacher Experience Factor = $25 X {District average teacher
experience - statewide average teacher experience}. ' Average
teacher experience' means the average, in years, of teaching
experience of certified teachers as reported to the Department of
Education.
(6) District extended ADMw = ADMw or ADMw of the prior year,
whichever is greater.
(7)(a) Weighted average daily membership or ADMw = average
daily membership + an additional amount computed as follows:
(A) 1.0 for each student in average daily membership eligible
for special education as a child with disabilities under ORS
343.035, applicable to not to exceed 11 percent of the district's
ADM without review and approval of the Department of Education.
Children with disabilities eligible for special education in
adult local correctional facilities as defined in ORS 169.005 or
adult regional correctional facilities as defined in ORS 169.620
shall not be included in the calculation of the 11 percent.
{ + (B) 5.0 for each student with autism spectrum disorder in
average daily membership eligible for special education as a
child with a disability under ORS 343.035. Students included in
this subparagraph may not be included in the calculation under
subparagraph (A) of this paragraph. + }
{ - (B) - } { + (C) + } 0.5 for each student in average
daily membership eligible for and enrolled in an English as a
Second Language program under ORS 336.079.
{ - (C) - } { + (D) + } 0.2 for each student in average
daily membership enrolled in a union high school district or in
an area of a unified school district where the district is only
responsible for educating students in grades 9 through 12 in that
area.
{ - (D) - } { + (E) + } -0.1 for each student in average
daily membership enrolled in an elementary district operating
kindergarten through grade 6 or kindergarten through grade 8 or
in an area of a unified school district where the district is
only responsible for educating students in kindergarten through
grade 8.
{ - (E) - } { + (F) + } 0.25 times the sum of the
following:
(i) The number of children 5 to 17 years of age in poverty
families in the district, as determined by the Department of
Education from a report of the federal Department of Education,
as adjusted by the school district's proportion of students in
the county receiving free or reduced price lunches under the
United States Department of Agriculture's current Income
Eligibility Guidelines if the number is higher than the number
determined from census data and only if the school district had
an average daily membership of 2,500 or less for the 1995-1996
school year, and as further adjusted by the number of students in
average daily membership in June of the year of distribution
divided by number of students in average daily membership in the
district, or its predecessors, in June 1990;
(ii) The number of children in foster homes in the district as
determined by the report of the Department of Human Services to
the federal Department of Education, 'Annual Statistical Report
on Children in Foster Homes and Children in Families Receiving
AFDC Payments in Excess of the Poverty Income Level,' or its
successor, for October 31 of the year prior to the year of
distribution; and
(iii) The number of children in the district in
state-recognized facilities for neglected and delinquent
children, based on information from the Department of Human
Services for October 31 of the year prior to the year of
distribution.
{ - (F) - } { + (G) + } An additional amount as determined
by ORS 327.077 shall be added to the ADMw for each remote small
elementary school and for each small high school in the district.
{ - (G) - } { + (H) + } All numbers of children used for
the computation in this section must reflect any district
consolidations that have occurred since the numbers were
compiled.
(b) The total additional weight that shall be assigned to any
student in average daily membership in a district, exclusive of
students described in paragraph { - (a)(E) and (F) - }
{ + (a)(B), (F) and (G) + } of this subsection shall not exceed
2.0.
(8) Transportation Grant = 70 percent of Approved
Transportation Costs.
(9) Local Revenues are the total of the following:
(a) The amount of revenue offset against local property taxes
as determined by the Department of Revenue under ORS 311.175
(3)(a)(A);
(b) The amount of property taxes actually received by the
district including penalties and interest on taxes;
(c) The amount of revenue received by the district from the
Common School Fund under ORS 327.403 to 327.415;
(d) The amount of revenue received by the district from the
county school fund;
(e) The amount of revenue received by the district from the 25
percent of federal forest reserve revenues required to be
distributed to schools by ORS 294.060 (1);
(f) The amount of revenue received by the district from state
managed forestlands under ORS 530.115 (1)(b) and (c);
(g) The amount of revenue received under ORS 334.400 by a
school district in an education service district that provides
equalization under ORS 334.400;
(h) Moneys received in lieu of property taxes;
(i) Federal funds received without specific application by the
school district and which are not deemed under federal law to be
nonsupplantable; and
(j) Any positive amount obtained by subtracting the operating
property taxes actually imposed by the district, based on the
rate certified pursuant to ORS 310.060, from the amount that
would have been imposed by the district if the district had
certified the maximum rate of operating property taxes allowed by
law.
(10) Notwithstanding subsection (9) of this section, Local
Revenues do not include:
(a) The amount of revenue actually received by the district,
including penalties and interest on taxes, that is used for
payment of bonds issued to finance or refinance an unfunded
obligation for prior service costs under a contract of
integration pursuant to ORS 238.685 (2)(a); and
(b) If a school district imposes local option taxes pursuant to
ORS 280.040 to 280.145, an amount equal to the lesser of:
(A) The amount of revenue actually received by the district
from local option taxes imposed pursuant to ORS 280.040 to
280.145;
(B) Ten percent of the combined total for the school district
of the general purpose grant, the transportation grant and the
facility grant of the district; or
(C) $500 per district extended ADMw.
(11)(a) Facility Grant = 8 percent of total construction costs
of new school buildings.
(b) A school district shall receive a Facility Grant in the
distribution year that a new school building is first used.
(c) As used in this subsection:
(A) 'New school building' includes new school buildings, adding
structures onto existing school buildings and adding
premanufactured structures to a school district if those
buildings or structures are to be used for instructing students.
(B) 'Construction costs' does not include costs for land
acquisition.
SECTION 27. { + The amendments to ORS 327.013 by section 26 of
this 2001 Act become operative July 1, 2005. + }
SECTION 28. { + The amendments to ORS 327.013 by section 26 of
this 2001 Act affect State School Fund distributions commencing
with the 2005-2006 distribution. + }
SECTION 29. { + Except as provided in section 30 of this 2001
Act, sections 2 to 5, 7 to 10, 12, 14, 16, 18 and 19 of this 2001
Act and the amendments to ORS 750.055 and 750.333 by sections 20
and 21 of this 2001 Act become operative January 1, 2002. + }
SECTION 30. { + The Superintendent of Public Instruction, the
State Board of Education, the Oregon Health Sciences University
Board of Directors, the Director of the Department of Consumer
and Business Services, the Director of Human Services, the
Assistant Director for Mental Health and Developmental Disability
Services, any district and any other state or local public agency
or body may take any action before the operative date of any
section of this 2001 Act that is necessary to enable the
Superintendent of Public Instruction, the State Board of
Education, the Oregon Health Sciences University Board of
Directors, the Director of the Department of Consumer and
Business Services, the Director of Human Services, the Assistant
Director for Mental Health and Developmental Disability Services,
any district and any other state or local public agency or body
to exercise, on or after the operative date of any section of
this 2001 Act, the duties, functions and powers conferred and
required under any section of this 2001 Act. + }
SECTION 31. { + 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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