Relating to school finance; creating new provisions; amending sections 1 and 2, chapter 806, Oregon Laws 2001; limiting expenditures; and declaring an emergency.

 
 
 
     72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2993
 
                         House Bill 2852
 
Sponsored by Representative HOPSON
 
 
                             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 task force on special education and school finance to
make additional legislative recommendations on costs of providing
special education and related services.
  Extends sunset of task force.
  Allows Department of Education to expend portion of State
School Fund on staffing task force.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to school finance; creating new provisions; amending
  sections 1 and 2, chapter 806, Oregon Laws 2001; limiting
  expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 1, chapter 806, Oregon Laws 2001, is
added to and made a part of ORS 327.006 to 327.081. + }
  SECTION 2. Section 1, chapter 806, Oregon Laws 2001, provide:
   { +  Sec. 1. + } (1) There is created a task force on special
education and school finance consisting of 23 members. Members
shall be persons who are familiar with federal and state funding
programs for special education students and shall be chosen to
represent the cultural and geographic diversity of this state.
  (2) Members of the task force shall consist of:
  (a) The Superintendent of Public Instruction.
  (b) The Associate Superintendent of the Office of Special
Education.
  (c) Nine members appointed by the Governor, including:
  (A) An education adviser to the Governor.
  (B) One member from the Confederation of Oregon School
Administrators.
  (C) One member from the Oregon School Boards Association.
  (D) One member from the Oregon Education Association.
  (E) One member from the Department of Human Services.
  (F) One member from the Oregon School Employees Association.
  (G) One member who is a parent of or advocate for children with
special education needs.
  (H) Two members, each of whom is:
  (i) Employed by a school district or education service district
as a special education program director or special education
teacher;
  (ii) A public school principal; or
  (iii) A school district board member.
  (d) Six members appointed by the President of the Senate,
including:
  (A) Two state Senators representing different parties.
  (B) One member representing the business community.
  (C) One member who is a parent of or advocate for children with
special education needs.
  (D) Two members, each of whom is:
  (i) Employed by a school district or education service district
as a special education program director or special education
teacher;
  (ii) A public school principal; or
  (iii) A school district board member.
  (e) Six members appointed by the Speaker of the House of
Representatives, including:
  (A) Two state Representatives representing different parties.
  (B) One member of the Oregon Business Association.
  (C) One member who is a parent of or advocate for children with
special education needs.
  (D) Two members, each of whom is:
  (i) Employed by a school district or education service district
as a special education program director or special education
teacher;
  (ii) A public school principal; or
  (iii) A school district board member.
  (3) The Superintendent of Public Instruction shall appoint the
chairperson and vice chairperson from among the members of the
task force.
  (4) The task force shall:
  (a) Study the most appropriate, specially designed
instructional methods and related services for students with
disabilities receiving special education;
  (b) Determine the most appropriate methods of providing
professional development and support for teachers and other staff
who provide instructional services to students with disabilities
receiving special education and related services;
  (c) Investigate the most appropriate methods for providing
public education to students with disabilities receiving special
education and related services;
  (d) Determine whether teachers of students with disabilities
receiving special education and related services are at their
workload limits;
  (e) Analyze the most appropriate methods of early
identification and intervention for all students, including those
students with disabilities receiving special education and
related services;
  (f) Review current sources of funding for special education and
related programs;
  (g) Study the Department of Education's monitoring of special
education funding, performance and outcomes;
  (h) Determine whether parents are being served by the current
complaint resolution process, including mediation, complaint
resolution, due process hearings and other appropriate dispute
resolution systems;
  (i) Study the maximum number of students per class for a
licensed special education teacher;  { +  + }
  (j) Make legislative recommendations on structuring funding to
fully meet the needs of students with disabilities receiving
special education and related services. The recommendations of
the task force shall include but are not limited to:
  (A) Assessing whether special education funding should be
removed from the current school funding formula in ORS 327.013;
  (B) Determining whether special grants should be established to
meet the funding needs of students with disabilities receiving
special education and related services;
  (C) Analyzing methods of utilizing the resources of regional
programs and education service districts;   { - and - }
   { +  (D) Analyzing emerging data from the database developed
by the Department of Education under ORS 327.511 for trends to
determine the actual costs of providing special education and
related services;
  (E) Assessing the feasibility of developing a quality education
model for predicting the costs of special education and related
services; and + }
    { - (D) - }  { +  (F) + } Recommending ways to develop and
implement an improved funding mechanism for students with
disabilities receiving special education and related services in
order to meet the needs of all children in Oregon schools;
  (k) Investigate any other issue the task force deems necessary;
and
  (L) Prior to October 1,   { - 2002 - }  { +  2004 + }, report
its findings to the legislative interim   { - committee - }  { +
committees + } on education.
  (5) The task force is subject to the provisions of ORS 171.605
to 171.635 and has the authority contained in ORS 171.505 and
171.510. Notwithstanding the provisions of ORS 171.206 and
subsection (4)(L) of this section, the task force may file its
written report at any time within 30 days after its final
meeting, or at such later time as the appointing authorities
designate.
  (6) The Department of Education shall provide staff necessary
for the performance of the functions of the task force.
  (7) A member of the Legislative Assembly appointed to the task
force shall be entitled to an allowance as authorized by ORS
171.072 from funds appropriated to the Legislative Assembly.
Members of the task force who are not members of the Legislative
Assembly are entitled to compensation and expenses as provided in
ORS 292.495.
  (8) All agencies  { - , departments and officers of this
state - }  { +  of state government, as defined in ORS
174.111, + } are directed to assist the task force in the
performance of its functions and { + , to the extent permitted by
laws relating to confidentiality, + } to furnish such information
and advice as the members of the task force consider necessary to
perform their functions.
  (9) Official action by the task force established pursuant to
this section shall require the approval of a majority of the
members. All legislation recommended by official action of the
task force must indicate that it is introduced at the request of
the task force. Such legislation shall be prepared in time for
presession filing pursuant to ORS 171.130 for presentation to the
regular session of the   { - Seventy-second - }  { +
Seventy-third + } Legislative Assembly.
  SECTION 3. Section 2, chapter 806, Oregon Laws 2001, is amended
to read:
   { +  Sec. 2. + } Section 1   { - of this 2001 Act - }  { + ,
chapter 806, Oregon Laws 2001, + } is repealed on July 1,
 { - 2003 - }  { +  2005 + }.
  SECTION 4.  { + (1) Notwithstanding any other law limiting
expenditures, the amount of $100,000 is established for the
fiscal year beginning July 1, 2003, as the maximum limit for
payment of expenses by the Department of Education from the State
School Fund for the purpose of providing staff support to the
task force on special education and school finance created by
section 1, chapter 806, Oregon Laws 2001.
  (2) Notwithstanding any other law limiting expenditures, the
amount of $50,000 is established for the fiscal year beginning
July 1, 2004, as the maximum limit for payment of expenses by the
Department of Education from the State School Fund for the
purpose of providing staff support to the task force on special
education and school finance created by section 1, chapter 806,
Oregon Laws 2001. + }
 
  SECTION 5.  { + 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 on its
passage. + }
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