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 2615
A-Engrossed
Senate Bill 783
Ordered by the Senate May 2
Including Senate Amendments dated May 2
Sponsored by Senator GORDLY
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.
Creates { - Student Bill of Rights - } { + Expanded
Options + } Program for students attending public schools in
grades 11 and 12 { + or 16 years of age or older + }. Allows
students to enroll in post-secondary courses for credit at
eligible post-secondary institutions. Prohibits institutions
from charging student post-secondary course costs. Directs
resident school district to enter into agreement with institution
for limited payment of costs from State School Fund grant of
school district. { + Establishes cap on number of credit hours
that may be awarded at each high school under Expanded Options
Program. Sunsets credit hours cap June 30, 2005. + }
A BILL FOR AN ACT
Relating to students; creating new provisions; and amending ORS
327.008.
Be It Enacted by the People of the State of Oregon:
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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