71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 783
LC 2615/SB 783-6
SENATE AMENDMENTS TO
SENATE BILL 783
By COMMITTEE ON EDUCATION
May 2
On page 1 of the printed bill, delete lines 4 through 30 and
delete pages 2 through 5 and insert:
' { + SECTION 1. + } { + For purposes of sections 1 to 17 of
this 2001 Act:
' (1)(a) 'Eligible post-secondary course' means any
nonsectarian course or program offered through an eligible
post-secondary institution.
' (b) 'Eligible post-secondary course' includes the following
courses that may lead to a high school diploma, General
Educational Development (GED) certificate, professional
certification, associate degree or baccalaureate degree:
' (A) Academic, technical, remedial or developmental courses;
' (B) English as a second language or bilingual education
courses; and
' (C) Distance education courses.
' (2) 'Eligible post-secondary institution' means an Oregon
community college, state institution of higher education or
regionally accredited, not-for-profit institution of higher
education.
' (3)(a) 'Eligible student' means a student who is enrolled in
an Oregon public school and who is:
' (A) In grade 11 or 12; or
' (B) 16 years of age or older.
' (b) 'Eligible student' does not include a foreign exchange
student enrolled in a school under a cultural exchange program.
' (4) 'Expanded Options Program' means the program created
under sections 1 to 17 of this 2001 Act.
' (5) 'State institution of higher education' means an
institution of higher education listed in ORS 352.002 and the
Oregon Health Sciences University. + }
' { + SECTION 2. + } { + The Legislative Assembly declares
that the purposes of sections 1 to 17 of this 2001 Act are to:
' (1) Increase academic and career opportunities for all public
school students enrolled in grades 11 and 12.
' (2) Allow eligible students enrolled in Oregon public schools
to receive concurrent credits toward achievement of a Certificate
of Initial Mastery, Certificate of Advanced Mastery or a high
school diploma and a degree from an eligible post-secondary
institution.
' (3) Allow eligible students enrolled in Oregon public schools
to take courses that help the students meet post-secondary
institution admissions standards.
' (4) Allow eligible students who participate in the Expanded
Options Program to enroll full-time or part-time in an eligible
post-secondary institution.
' (5) Provide public funding for educational services to
eligible students directly to the eligible post-secondary
institutions to offset tuition charges for students who
participate in the Expanded Options Program. + }
' { + SECTION 3. + } { + (1) An eligible student may apply
to an eligible post-secondary institution to enroll in eligible
post-secondary courses offered by the eligible post-secondary
institution.
' (2) If an eligible post-secondary institution accepts an
eligible student for enrollment under this section pursuant to
ORS 341.505 or other admissions standards, the eligible
post-secondary institution shall send written notice to the
student, the student's resident school district and the
Department of Education within 20 days of acceptance. The notice
shall indicate the eligible post-secondary courses and hours of
enrollment offered to the student.
' (3) If an eligible post-secondary institution accepts an
eligible student for enrollment under this section, the eligible
post-secondary institution shall provide academic advising to the
student as appropriate.
' (4) An eligible post-secondary institution may designate
individual programs to offer eligible students for enrollment
under this section.
' (5) An eligible post-secondary institution may not be
required to accept an eligible student for enrollment under this
section. + }
' { + SECTION 4. + } { + An eligible post-secondary
institution may enroll an eligible student participating in the
Expanded Options Program only in eligible post-secondary courses
under the program. + }
' { + SECTION 5. + } { + (1) Prior to February 1 of each
year, each school district shall notify all eligible students and
the students' parents or guardians of the Expanded Options
Program.
' (2) Each school district shall establish a process to ensure
that all at-risk students and their parents are notified about
the program.
' (3) The State Board of Education shall establish by rule the
required components of the notice. The notice may include
information about:
' (a) Financial arrangements for tuition, textbooks, equipment
and materials;
' (b) Available transportation services;
' (c) The effect of enrolling in the Expanded Options Program
on the eligible student's ability to complete the required high
school graduation requirements;
' (d) The consequences of failing or not completing an eligible
post-secondary course; and
' (e) Participation in the Expanded Options Program being
contingent on acceptance by an eligible post-secondary
institution. + }
' { + SECTION 6. + } { + (1) It shall be a priority for
school districts to provide information about the Expanded
Options Program to high school students who have dropped out of
school.
' (2) School districts shall establish a process to identify
high school students who have dropped out of school and provide
the students with information about the program. A school
district shall send information about the program to the
last-known address of the family of the student. + }
' { + SECTION 7. + } { + (1) Prior to March 1 of each year,
an eligible student who is interested in participating in the
Expanded Options Program shall notify the student's resident
school district of the student's intent to enroll in eligible
post-secondary courses during the following school year.
' (2) The resident school district shall review with the
eligible student and the student's parent or guardian the
student's current status toward meeting all state and school
district graduation requirements and the applicability of the
proposed eligible post-secondary course with respect to
fulfilling the student's remaining graduation requirements.
' (3)(a) It is recommended that an eligible student who intends
to participate in the Expanded Options Program establish an
educational learning plan in cooperation with an advisory support
team.
' (b) An advisory support team may include the student, the
student's parent or guardian, a teacher and a counselor.
' (c) The educational learning plan may include:
' (A) The student's short-term and long-term learning goals and
proposed activities; and
' (B) The relationship of the eligible post-secondary courses
proposed under the Expanded Options Program and the student's
learning goals. + }
' { + SECTION 8. + } { + (1) An eligible student who enrolls
in the Expanded Options Program may not enroll in eligible
post-secondary courses under section 3 of this 2001 Act for more
than the equivalent of two academic years. An eligible student
who first enrolls in the Expanded Options Program in grade 12 may
not enroll in eligible post-secondary courses under section 3 of
this 2001 Act for more than the equivalent of one academic year.
If an eligible student first enrolls in an eligible
post-secondary course in the middle of the school year, the time
of participation shall be reduced proportionately. If an eligible
student is enrolled in a year-round program and begins each grade
in the summer session, summer sessions may not be counted against
the time of participation.
' (2) A student who has graduated from high school may not
participate in the Expanded Options Program. However, an eligible
student who has completed course requirements for graduation, but
who has not received a diploma, may participate in the Expanded
Options Program. + }
' { + SECTION 9. + } { + (1) The State Board of Education
shall establish a procedure for a school district to award
credits to eligible students for eligible post-secondary courses
completed under the Expanded Options Program.
' (2) Prior to an eligible student beginning an eligible
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 eligible
post-secondary course.
' (3) If there is a dispute between the school district and the
eligible 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 eligible post-secondary course, the
student may appeal the school district's decision using an
appeals process adopted by the school district board.
' (4) Credits granted to an eligible student shall be counted
toward high school graduation requirements and subject area
requirements of the state and school district. Evidence of
successful completion of each eligible 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 eligible post-secondary course taken
for credit under the Expanded Options Program. 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 secondary school, the eligible
post-secondary institution shall award post-secondary credit for
any eligible post-secondary course successfully completed for
credit at that institution if the course is considered to be a
college level course by the institution. Other post-secondary
institutions may award, after a student leaves secondary school,
post-secondary credit for any eligible post-secondary course
successfully completed under the Expanded Options Program. A
post-secondary institution may not charge a student for the award
of credit. + }
' { + SECTION 10. + } { + (1) An eligible student enrolled
in an eligible 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 resident school district of the eligible student
shall enter into an agreement with any eligible post-secondary
institution that accepts a student for enrollment in an eligible
post-secondary course pursuant to section 3 of this 2001 Act for
the payment of actual tuition, fees and other necessary
instructional costs associated with the student attending
eligible post-secondary courses at the institution.
' (3) The payment under an agreement entered into under
subsection (2) of this section for each college credit hour or
credit equivalency may not exceed:
' (a) For an eligible post-secondary institution granting
quarter college credits, an amount = (90 percent of the statewide
average general purpose grant per weighted average daily
membership (ADMw) of all school districts as calculated under ORS
327.013 for the prior fiscal year) : 45; or
' (b) For an eligible post-secondary institution granting
semester college credits, an amount = (90 percent of the
statewide average general purpose grant per ADMw of all school
districts as calculated under ORS 327.013 for the prior fiscal
year) :30.
' (4) In addition to any agreement entered into under
subsection (2) of this section, the resident school district of
the eligible student shall enter into an agreement with an
eligible post-secondary institution that accepts a student for
enrollment in an eligible post-secondary course that is a
nontuition course or noncredit course pursuant to section 3 of
this 2001 Act for the payment of the actual instruction costs
associated with the student attending the eligible post-secondary
course at the institution.
' (5) The payment under an agreement entered into under
subsection (4) of this section for any eligible post-secondary
course may not exceed an amount = (90 percent of the statewide
average general purpose grant per ADMw of all school districts as
calculated under ORS 327.013 for the prior fiscal year).
' (6) The amount of the statewide average general purpose grant
per ADMw of all school districts as calculated under ORS 327.013
shall be determined each fiscal year by the Department of
Education and made available to all school districts and, upon
request, to any eligible post-secondary institution.
' (7) 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 11. + } { + (1) An eligible student enrolled
in an eligible post-secondary course pursuant to sections 1 to 17
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.
' (2) The eligible student may apply to the resident school
district of the student for reimbursement for any textbooks,
equipment or materials purchased by the student that are required
for an eligible post-secondary course.
' (3) The amount of any reimbursement under subsection (2) of
this section when combined with payment made by the school
district to an eligible post-secondary institution under section
10 (2) or (4) of this 2001 Act may not exceed the limitations
established by section 10 (3) or (5) of this 2001 Act. + }
' { + SECTION 12. + } { + An eligible post-secondary
institution that receives payment for an eligible student under
section 10 of this 2001 Act may not charge that student for
tuition, fees or other necessary instructional costs of the
eligible post-secondary courses in which the student is
enrolled. + }
' { + SECTION 13. + } { + All textbooks, equipment and
materials provided to an eligible student and paid for under
section 11 of this 2001 Act are the property of the resident
school district of the student. + }
' { + SECTION 14. + } { + (1) An eligible student's resident
school district may provide transportation services to eligible
students who attend eligible post-secondary institutions within
the boundaries of the school district pursuant to ORS 327.043.
' (2) 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 15. + } { + (1) The resident school district
of an eligible student participating in the Expanded Options
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 guardians or persons in
parental relationship to the student reside pursuant to ORS
339.133 and 339.134.
' (2) If an eligible post-secondary institution intends to
provide special education and related services to an eligible
student participating in the Expanded Options Program, the
institution shall enter into a written contract with the resident
school district of the student. The contract shall include at
least the following:
' (a) Allowance for the student to remain in the program during
the pendency of any special education due process hearing unless
the parents and school district agree otherwise;
' (b) Immediate notification to the resident school district if
the post-secondary institution suspects that a student
participating in the program may have a disability and needs
special education or related services;
' (c) Immediate notification to the resident school district if
a student who is receiving special education and related services
has engaged in conduct that may lead to suspension or expulsion;
and
' (d) Immediate notification to the resident school district of
any complaint made by the parents of the student regarding the
student's program at the post-secondary institution.
' (3)(a) If an eligible post-secondary institution provides
special education and related services under a contract with a
resident school district, the institution shall comply with
standards established by the State Board of Education under this
section.
' (b) The State Board of Education shall establish standards to
be applied to post-secondary institutions that provide special
education and related services under a contract with a resident
school district. The standards shall include at least the
following minimum requirements:
' (A) The implementation of special education and related
services is done as described in the eligible student's
individualized education program as defined in ORS 343.035; and
' (B) The post-secondary institution maintains the
confidentiality of student records in compliance with the federal
Family Educational Rights and Privacy Act. + }
' { + SECTION 16. + } { + The provisions of sections 1 to 17
of this 2001 Act do 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 attends classes for credit in the secondary school
for all available hours of instruction. + }
' { + SECTION 17. + } { + (1) For a high school with an
enrollment of 1,000 students, each school year no more than 330
quarter credit hours or 200 semester credit hours, or a
combination thereof, may be awarded to eligible students at the
high school under the Expanded Options Program.
' (2) The State Board of Education by rule shall establish
credit hours caps for high schools that have an enrollment that
is greater than or less than 1,000 students. The caps shall be
proportional to the credit hours caps established under
subsection (1) of this section.
' (3) If a school district has more eligible students who wish
to participate in the program than are allowed under the credit
hours cap established under this section, the school district
board shall establish a process for selecting eligible students
to participate in the program. A school district shall give
priority for program participation to at-risk students. Each
school district board shall adopt a policy that defines at-risk
student. + }
' { + SECTION 18. + } { + Section 17 of this 2001 Act is
repealed on June 30, 2005. + }
' { + SECTION 19. + } { + (1) Notwithstanding sections 1 to
17 of this 2001 Act, any program, agreement or plan in effect on
the effective date of this 2001 Act that provides access for
public high school students to a post-secondary course is not
affected by sections 1 to 17 of this 2001 Act and may be
continued or renewed at the discretion of the parties to the
program, agreement or plan.
' (2) Any new program, agreement or plan that is developed
after the effective date of this 2001 Act and that is intended to
provide access for public high school students to a
post-secondary course may be initiated at the discretion of a
school district and a post-secondary institution.
' (3) Notwithstanding subsection (1) or (2) of this section, a
program, agreement or plan described in subsection (1) or (2) of
this section may not be used as a substitute for the Expanded
Options Program created under sections 1 to 17 of this 2001 Act
or used to relieve any school district of its obligation to
institute the Expanded Options Program. + }
' { + SECTION 20. + } 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
sections 10 and 11 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 21. + } { + The Expanded Options Program
created by sections 1 to 17 of this 2001 Act shall first be
available to students for the 2002-2003 school year. + } ' .
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