73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 1436
A-Engrossed
Senate Bill 300
Ordered by the Senate April 14
Including Senate Amendments dated April 14
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senator Avel 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 Expanded Options Program for students attending public
schools in grades 11 and 12 or who are 16 years of age or older.
Allows eligible 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, 2009. - }
A BILL FOR AN ACT
Relating to education.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + For purposes of sections 1 to 20 of this 2005
Act:
(1) 'Accelerated college credit program' has the meaning given
that term by rules adopted by the State Board of Education.
(2) 'At-risk student' means:
(a) A student who qualifies for a free or reduced lunch
program; or
(b) An at-risk student as defined by rules adopted by the board
if the board has adopted rules to define an at-risk student.
(3) 'Duplicate course' means a course with a scope that is
identical to the scope of another course.
(4)(a) 'Eligible post-secondary course' means any nonsectarian
course or program offered through an eligible post-secondary
institution if the course or program may lead to high school
completion, a certificate, professional certification, associate
degree or baccalaureate degree.
(b) 'Eligible post-secondary course' does not include a
duplicate course offered at the student's resident school.
(c) 'Eligible post-secondary course' includes:
(A) Academic and professional technical courses; and
(B) Distance education courses.
(5) 'Eligible post-secondary institution' means:
(a) A community college;
(b) A state institution of higher education listed in ORS
352.002; and
(c) The Oregon Health and Science University.
(6)(a) 'Eligible student' means a student who is enrolled in an
Oregon public school and who:
(A) Is in grade 11 or 12 or who is 16 years of age or older at
the time of enrollment in a course under the Expanded Options
Program;
(B) Has developed an educational learning plan as described in
section 7 of this 2005 Act; and
(C) Has not successfully completed four years of high school.
(b) 'Eligible student' does not include a foreign exchange
student enrolled in a school under a cultural exchange program.
(7) 'Expanded Options Program' means the program created under
sections 1 to 20 of this 2005 Act. + }
SECTION 2. { + The Legislative Assembly declares that the
purposes of sections 1 to 20 of this 2005 Act are to:
(1) Create a seamless education system for students enrolled in
grades 11 and 12 to:
(a) Have additional options to continue or complete their
education;
(b) Earn concurrent high school and college credits; and
(c) Gain early entry into post-secondary education.
(2) Promote and support existing accelerated college credit
programs, and support the development of new programs that are
unique to a community's secondary and post-secondary
relationships and resources.
(3) Allow eligible students who participate in the Expanded
Options Program to enroll full-time or part-time in an eligible
post-secondary institution.
(4) Provide public funding to the eligible post-secondary
institutions for educational services to eligible students to
offset the cost of tuition, fees, textbooks, equipment and
materials 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 in which eligible students may enroll under
this section.
(5)(a) If an eligible student wishes to take a course at an
eligible post-secondary institution that a school district
determines is a duplicate course, the student may appeal the
determination of the school district to the Superintendent of
Public Instruction or the superintendent's designee.
(b) The Department of Education shall create a process for
students to appeal the decision of a school district under
paragraph (a) of this subsection.
(c) The superintendent or the superintendent's designee shall
issue a decision on the appeal within 30 days of receipt of the
appeal. If the superintendent or the superintendent's designee
fails to issue a decision within 30 days of receipt of the
appeal, the course shall be deemed to not be a duplicate course
and the student may enroll in the course under the Expanded
Options Program if the course and the student meet all other
eligibility requirements for the program.
(6) Once participating in the Expanded Options Program, an
eligible student must maintain satisfactory academic progress as
defined by the eligible post-secondary institution.
(7) An eligible post-secondary institution may not be required
to accept a 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 high school 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 Expanded Options Program.
(3) The State Board of Education shall establish by rule the
required components of the notice. The notice must include, but
not be limited to, 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) The requirement that participation in the Expanded Options
Program is 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 those
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, a 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 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) An eligible student who intends to participate in the
Expanded Options Program shall develop an educational learning
plan in cooperation with an advisory support team.
(b) 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.
(c) An advisory support team may include the student, the
student's parent or guardian and a teacher or a counselor. + }
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 2005 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 2005 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 are not 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's 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 the
school district will grant to a student or that the 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 the 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 shall 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) The eligible post-secondary institution shall award
post-secondary credit for any eligible post-secondary course
successfully completed for credit at the institution if the
course is considered by the institution to be a college-level
course. 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 2005 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) A school district shall negotiate a financial 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 2005 Act for the payment of actual
tuition, fees and other required instructional costs associated
with the enrollment of the student in eligible post-secondary
courses.
(3)(a) The amount of each school district's general purpose
grant per extended ADMw 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.
(b) Each fiscal year, a school district shall expend per
student participating in the Expanded Options Program a minimum
of 50 percent of the school district's general purpose grant per
extended ADMw. Expenditures that qualify under this paragraph
include amounts expended on tuition, fees, textbooks, equipment
and materials required for an eligible post-secondary course.
(c) A school district may request a waiver from the
Superintendent of Public Instruction or the superintendent's
designee of the requirements of paragraph (b) of this subsection.
The superintendent or the superintendent's designee shall grant
the waiver if:
(A) Compliance with the requirements of paragraph (b) of this
subsection would cause the school district extreme financial
distress; or
(B) The school district offers dual credit technical
preparation programs, such as two-plus-two programs, advanced
placement or International Baccalaureate programs and other
accelerated college credit programs, and:
(i) The programs offered by the school district serve all
qualified applicants; and
(ii) There are no charges to at-risk students.
(4) In addition to any financial 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 2005 Act for the payment of the actual instructional costs
associated with the student's attending the eligible
post-secondary course at the institution.
(5) Nothing in this section shall prohibit an eligible
post-secondary institution 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 20 of
this 2005 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,
fees, equipment or materials purchased by the student that are
required for an eligible post-secondary course. + }
SECTION 12. { + An eligible post-secondary institution that
receives payment for an eligible student under section 10 of this
2005 Act may not charge that student for tuition, fees and other
required instructional costs associated with the enrollment of
the student in an eligible post-secondary course. + }
SECTION 13. { + All textbooks, fees, equipment and materials
provided to an eligible student and paid for under section 10 of
this 2005 Act are the property of the resident school district of
the student. + }
SECTION 14. { + (1) A 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, for
school purposes, a resident 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 or guardians and school district agree otherwise;
(b) Immediate notification to the resident school district if
the institution suspects that a student participating in the
program may have a disability and requires special education or
related services;
(c) Immediate notification to the resident school district if
the 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 or guardians of the student
regarding the student's participation in the program at the
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 must be done as described in the eligible student's
individualized education program as defined in ORS 343.035; and
(B) The institution shall maintain the confidentiality of
education records in compliance with the federal Family
Educational Rights and Privacy Act (20 U.S.C. 1232g). + }
SECTION 16. { + The provisions of sections 1 to 20 of this
2005 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 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
separate credit hour caps for high schools that have enrollment
greater than 1,000 students and those that have less than 1,000
students. The caps shall be proportional to the credit hour caps
established under subsection (1) of this section.
(3) A school district may choose to exceed the credit hour caps
established in subsections (1) and (2) of this section.
(4) If a school district has not chosen to exceed the credit
hour caps and has more eligible students who wish to participate
in the Expanded Options Program than are allowed under the credit
hour 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. + }
SECTION 18. { + The Department of Education shall annually
report on the Expanded Options Program to the Joint Boards of
Education and the House and Senate committees relating to
education. The report shall include:
(1) The types of accelerated college credit programs offered.
(2) The number of waivers of requirements granted under the
Expanded Options Program and the reasons for issuance of the
waivers.
(3) The number of college and high school credits earned under
the Expanded Options Program.
(4) The estimated college tuition cost savings for students
participating in the Expanded Options Program.
(5) The number of students who had dropped out of high school
but returned to high school to participate in the Expanded
Options Program and earned a diploma.
(6) The number of students who participated in the Expanded
Options Program, categorized by ethnicity and financial status.
(7) The number of talented and gifted students who participated
in the Expanded Options Program.
(8) The level of participation in the Expanded Options Program
by rural communities, and the number of students living in rural
communities who participated in the program.
(9) Recommendations for changes to the Expanded Options Program
to better serve students, including changes to the age limit
restrictions for eligible students.
(10) Recommendations for funding changes to better serve
students who wish to participate in the Expanded Options Program.
(11) The number of appeals of students under section 3 of this
2005 Act to the Superintendent of Public Instruction or the
superintendent's designee and the disposition of the students'
appeals.
(12) The number of small school districts with more eligible
students who wish to participate in the program than are allowed
under the credit hour caps established in section 17 of this 2005
Act. + }
SECTION 19. { + The Department of Education shall issue the
first report required by section 18 of this 2005 Act prior to
January 1, 2008. + }
SECTION 20. { + (1) Notwithstanding sections 1 to 20 of this
2005 Act, any program, agreement or plan in effect on the
effective date of this 2005 Act that provides access for public
high school students to a post-secondary course is not affected
by sections 1 to 20 of this 2005 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 2005 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. + }
SECTION 21. { + The Expanded Options Program created by
sections 1 to 20 of this 2005 Act shall first be made available
to students for the 2006-2007 school year. + }
----------