Chapter 723 Oregon Laws 2003

AN ACT

HB 5014

Relating to the financial administration of the Department of Education; appropriating money; limiting expenditures; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. There are appropriated to the Department of Education, for the biennium beginning July 1, 2003, out of the General Fund, the following amounts for the following purposes:

(1) Operations......................................... $ 36,093,546

(2) Oregon State Schools for

the Deaf and for the Blind................ $ 17,192,666

SECTION 2. There are appropriated to the Department of Education, for the biennium beginning July 1, 2003, out of the General Fund, the following amounts, which are to be distributed as grants-in-aid and to purchase services, for the following purposes:

(1) Early intervention services

and early childhood special

education programs........................... $ 84,659,094

(2) Educating children with

disabilities in regional

programs pursuant to

ORS 343.236..................................... $ 30,541,152

(3) Educating children with

disabilities in hospital

programs............................................ $ 1,512,649

(4) Educating children with

disabilities in long term

care or treatment programs.............. $ 17,498,515

(5) Oregon prekindergarten

program.............................................. $ 52,582,328

(6) Student leadership centers............... $ 721,466

(7) Oregon Public Education

Network (OPEN)............................... $ 800,000

(8) Frontier Learning

Network............................................. $ 651,492

SECTION 3. Notwithstanding any other law limiting expenditures, the following amounts are established for the biennium beginning July 1, 2003, as the maximum limits for payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the Department of Education for the following purposes:

(1) Operations......................................... $ 6,741,563

(2) Oregon State Schools for

the Deaf and for the Blind................ $ 3,158,137

(3) Youth Corrections

Education Program............................ $ 21,876,068

SECTION 4. Notwithstanding any other law limiting expenditures, the following amounts are established for the biennium beginning July 1, 2003, as the maximum limits for payment of expenses from federal funds collected or received by the Department of Education for the following purposes:

(1) Operations......................................... $ 39,508,939

(2) Oregon State Schools for

the Deaf and for the Blind................ $ 789,138

(3) Youth Corrections

Education Program............................ $ 2,796,104

SECTION 5. Notwithstanding any other law limiting expenditures, the following amounts are established for the biennium beginning July 1, 2003, as the maximum limits for payment of grants-in-aid and purchased services from federal funds received by the Department of Education from the United States Department of Education and other federal agencies other than the United States Department of Agriculture, with the exception of the Nutrition Education Program, from the following sources:

(1) Individuals with

Disabilities Education Act................. $ 206,240,588

(2) Title IA - Grants to

Local Educational Agencies.............. $ 232,272,755

(3) Title I - Migrant education............... $ 25,945,215

(4) Title II - Teacher

quality................................................ $ 53,461,470

(5) Vocational education......................... $ 25,982,702

(6) All other federal programs................ $ 100,988,954

SECTION 6. Notwithstanding any other law limiting expenditures, the amount of $14,386,845 is established for the biennium beginning July 1, 2003, as the maximum limit for payment of grants-in-aid and purchased services from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by the Department of Education for grant programs other than those specified in section 2 of this 2003 Act.

SECTION 7. Notwithstanding any other law limiting expenditures, the amount of $53,329,162 is established for the biennium beginning July 1, 2003, as the maximum limit for payment of expenses from lottery moneys allocated from the Administrative Services Economic Development Fund for debt service on the outstanding state education lottery bonds issued during the 1997-1999 and 1999-2001 biennia.

SECTION 8. Notwithstanding any other law limiting expenditures, the amount of $2,370,000 is established for the biennium beginning July 1, 2003, as the maximum limit for payment of expenses from lottery moneys allocated from the Oregon Education Fund for debt service on the outstanding state education lottery bonds issued during the 1997-1999 and 1999-2001 biennia.

SECTION 9. Notwithstanding any other law limiting expenditures, the amount of $3,853,214 is established for the biennium beginning July 1, 2003, as the maximum limit for payment of expenses from Lottery Bond Fund earnings related to education lottery bonds, Education Reserve Account earnings and Project Account earnings, but excluding lottery funds and federal funds, collected or received by the Department of Education for debt service on the outstanding state education lottery bonds issued during the 1997-1999 and 1999-2001 biennia.

SECTION 10. For the biennium beginning July 1, 2003, the following expenditures by the Department of Education are not limited:

(1) Moneys from the School Lunch Revolving Account, Education Training Revolving Account, Private Vocational School Tuition Protection Fund and Distance Learning Fund; and

(2) Expenditures for grants-in-aid and purchased services from federal funds received by the Department of Education from the United States Department of Agriculture, with the exception of the Nutrition Education Program.

SECTION 11. (1) In addition to and not in lieu of any other appropriation, there is appropriated to the Emergency Board, for the biennium beginning July 1, 2003, out of the General Fund, the amount of $6,500,000 to be allocated by the Emergency Board to the Department of Education for early intervention services and early childhood special education program caseload increases.

(2) In addition to and not in lieu of any other appropriation, there is appropriated to the Emergency Board, for the biennium beginning July 1, 2003, out of the General Fund, the amount of $1 million to be allocated by the Emergency Board to the Department of Education for the student assessment program.

(3) In addition to and not in lieu of any other appropriation, there is appropriated to the Emergency Board, for the biennium beginning July 1, 2003, out of the General Fund, the amount of $300,000 to be allocated by the Emergency Board to the Department of Education for department operations.

(4) If any of the moneys appropriated in subsection (1), (2) or (3) of this section are not allocated or obligated by the Emergency Board prior to November 1, 2004, such unallocated or unobligated moneys on that date become available for any other purpose for which the Emergency Board lawfully may allocate funds.

SECTION 12. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect July 1, 2003.

Approved by the Governor August 29, 2003

Filed in the office of Secretary of State September 2, 2003

Effective date August 29, 2003

__________