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
Senate Bill 783
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 as
introduced.
Creates Student Bill of Rights Program for students attending
public schools in grades 11 and 12. 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.
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 15 of this 2001
Act:
(1) 'Eligible post-secondary institution' means an Oregon
community college, state institution of higher education or
regionally accredited, not-for-profit institution of higher
education.
(2) 'Post-secondary course' means any nonsectarian course or
program offered through an eligible post-secondary institution.
' Post-secondary course' does not include remedial or
developmental courses.
(3) 'State institution of higher education' means an
institution of higher education listed in ORS 352.002 and the
Oregon Health Sciences University.
(4) 'Student Bill of Rights Program' means the program created
under sections 1 to 15 of this 2001 Act. + }
SECTION 2. { + (1) Sections 1 to 15 of this 2001 Act shall be
known as the Student Bill of Rights.
(2) The Legislative Assembly declares that the purposes of
sections 1 to 15 of this 2001 Act are to:
(a) Increase academic and career opportunities for public
school students enrolled in grades 11 and 12.
(b) Allow students enrolled in Oregon public schools who are in
grade 11 or 12 to receive concurrent credits toward achievement
of a Certificate of Advanced Mastery or a high school diploma and
a degree from an eligible post-secondary institution.
(c) Allow students who participate in the Student Bill of
Rights Program to enroll full-time or part-time in an eligible
post-secondary institution.
(d) Provide public funding for educational services to students
directly to the eligible post-secondary institutions to offset
tuition charges for students who participate in the Student Bill
of Rights Program. + }
SECTION 3. { + (1) A student enrolled in grade 11 or 12 of a
public school, except a foreign exchange student enrolled in a
school under a cultural exchange program, may apply to an
eligible post-secondary institution to enroll in post-secondary
courses offered by the eligible post-secondary institution.
(2) If an eligible post-secondary institution accepts a student
for enrollment under this section, the eligible post-secondary
institution shall send written notice to the student, the
student's school district and the Department of Education within
10 days of acceptance. The notice shall indicate the
post-secondary courses and hours of enrollment of the student.
(3) If an eligible post-secondary institution accepts a student
for enrollment under this section, the eligible post-secondary
institution shall provide academic counseling to the student. + }
SECTION 4. { + An eligible post-secondary institution may
enroll a student participating in the Student Bill of Rights
Program only in post-secondary courses as defined in section 1 of
this 2001 Act. + }
SECTION 5. { + (1) A school district shall provide to all
eligible students and the students' parents or guardians
information on the Student Bill of Rights Program including, but
not limited to:
(a) Who may enroll;
(b) Which post-secondary institutions are participating in the
program and which post-secondary courses are available;
(c) The process for granting credits under section 8 of this
2001 Act;
(d) The number and type of credits under section 8 of this 2001
Act that may be granted to a student;
(e) Financial arrangements for tuition, textbooks, equipment
and materials;
(f) Available transportation services;
(g) Available support services;
(h) The need to arrange an appropriate schedule;
(i) The consequences of failing or not completing a
post-secondary course;
(j) The effect of enrolling in the Student Bill of Rights
Program on the student's ability to complete the required high
school graduation requirements; and
(k) The academic and social responsibilities that must be
assumed by the student and the student's parents or guardians.
(2) Prior to enrolling in a post-secondary course, the student
and the student's parents or guardians must sign a form provided
by the school district stating that they have received the
information specified in subsection (1) of this section and that
they understand the responsibilities that must be assumed in
enrolling in the program. The Department of Education shall, upon
request, provide technical assistance to school districts in
developing appropriate forms. + }
SECTION 6. { + By February 1 of each year, every school
district shall provide general information about the Student Bill
of Rights Program to all students in grades 10 and 11. To assist
the district in planning, a student shall inform the district by
March 30 of the student's intent to enroll in post-secondary
courses during the following school year. + }
SECTION 7. { + (1) A student who enrolls in the Student Bill
of Rights Program may not enroll in post-secondary courses under
section 3 of this 2001 Act for more than the equivalent of two
academic years. A student who first enrolls in the Student Bill
of Rights Program in grade 12 may not enroll in post-secondary
courses under section 3 of this 2001 Act for more than the
equivalent of one academic year. If a student first enrolls in a
post-secondary course in the middle of the school year, the time
of participation shall be reduced proportionately. If a student
is enrolled in a year-round program and begins each grade in the
summer session, summer sessions shall not be counted against the
time of participation.
(2) A student who has graduated from high school may not
participate in the Student Bill of Rights Program under sections
1 to 15 of this 2001 Act. However, a student who has completed
course requirements for graduation, but who has not received a
diploma, may participate in the Student Bill of Rights Program
under sections 1 to 15 of this 2001 Act. + }
SECTION 8. { + (1) If a student successfully completes a
post-secondary course in which the student is enrolled pursuant
to sections 1 to 15 of this 2001 Act, a school district shall
grant credit to the student. Seven quarter or four semester
college credits shall equal at least one high school credit. A
school district shall also grant specific course credit to a
student enrolled in a post-secondary course. If no comparable
course is offered by the district, the district shall, as soon as
possible, notify the Department of Education, which shall
determine the number of credits that will be granted to a student
who successfully completes a post-secondary course. If a
comparable course is offered by the district, the school district
shall grant a comparable number of credits to the student.
(2) Prior to a student beginning a 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 post-secondary course.
(3) If there is a dispute between the school district and the
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 post-secondary course, the student may
appeal the school district's decision to the State Board of
Education. The decision of the state board is final and is not
subject to appeal.
(4) Credits granted to a 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 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 post-secondary course taken for credit under sections 1 to
15 of this 2001 Act. 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 post-secondary course successfully completed for credit at
that institution. Other post-secondary institutions may award,
after a student leaves secondary school, post-secondary credit
for any post-secondary course successfully completed under
sections 1 to 15 of this 2001 Act. A post-secondary institution
may not charge a student for the award of credit. + }
SECTION 9. { + (1) A student enrolled in a 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 student shall enter
into an agreement with any eligible post-secondary institution
that accepts a student for enrollment in a 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 post-secondary courses at the
institution.
(3) The payment for each college credit hour shall not exceed:
(a) For an 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 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) 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.
(5) 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 10. { + A student enrolled in a post-secondary course
pursuant to sections 1 to 15 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. However, upon application the student shall
be reimbursed by the resident school district of the student for
any textbooks, equipment or materials purchased by the student
that are required for a post-secondary course. + }
SECTION 11. { + An eligible post-secondary institution that
receives payment for a student under section 9 of this 2001 Act
may not charge that student for tuition, fees or other necessary
instructional costs of the post-secondary courses in which the
student is enrolled. + }
SECTION 12. { + All textbooks, equipment and materials
provided to a student and paid for under section 10 of this 2001
Act are the property of the resident school district of the
student. + }
SECTION 13. { + (1) A student's resident school district may
provide transportation services to 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 14. { + (1) The resident school district of a student
participating in the Student Bill of Rights 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) The resident school district may contract with an eligible
post-secondary institution for the provision of the special
education and related services. The contract shall include
provisions for payment for any special education and related
services provided by the eligible post-secondary institution. + }
SECTION 15. { + The provisions of sections 1 to 15 of this
2001 Act shall not apply for 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 16. 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 9 and 10 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 17. { + The Student Bill of Rights Program created by
sections 1 to 15 of this 2001 Act shall first be available to
students for the 2002-2003 school year. + }
----------