Chapter 839
AN ACT
HB 3141
Relating to education; creating new
provisions; amending ORS 297.210, 327.008, 327.026, 336.631, 338.025 and
338.115 and section 2, chapter ___, Oregon Laws 2007 (Enrolled Senate Bill
462); appropriating money; and declaring an emergency.
Whereas in
Whereas between 1994 and
2001, obesity among Oregon adults had increased by 59 percent, with Oregon’s
current adult obesity rate estimated at 22 percent – the highest in any state
west of the Rockies; and
Whereas physical
inactivity and a poor diet together account for at least 400,000 deaths among
adults in the United States each year, which is second only to tobacco use as
the leading cause of preventable death in the United States; and
Whereas inadequate
participation in physical activity is the major contributor to the “epidemic of
obesity” that has plagued the nation’s young people during the past two
decades; and
Whereas the Centers for
Disease Control and Prevention, in their Guide to Community Preventive
Services, have given their highest level of evidence-based endorsement to
increasing children’s physical activity and aerobic capacity through physical
education; and
Whereas physical
activity offers young people many health benefits, including controlling
weight, building lean muscle and reducing fat, improving aerobic endurance and
muscular strength, building greater bone mass to prevent osteoporosis in adulthood,
reducing the risk of diabetes, preventing or reducing high blood pressure, and
developing healthy habits that will last a lifetime; now, therefore,
Be It Enacted by the People of
the State of
SECTION 1. The Department of Education shall collect
data from school districts on:
(1) The number of
minutes of physical education that are provided to students in kindergarten
through grade 8 each school week in each public school within the district;
(2) The physical
capacity of public schools to provide students in kindergarten through grade 5
with at least 150 minutes of physical education during each school week and to
provide students in grades 6 through 8 with at least 225 minutes of physical
education during each school week; and
(3) The additional
facilities required by public schools to provide physical education to students
as described in subsection (2) of this section.
SECTION 2. Prior to February 1 of each odd-numbered
year, the Department of Education shall report to the Legislative Assembly on
the data collected under section 1 of this 2007 Act for the prior two school
years.
SECTION 3. Notwithstanding section 2 of this 2007 Act,
the Department of Education is required to include only the data collected from
the 2007-2008 school year under section 1 of this 2007 Act in the first report
to the Legislative Assembly under section 2 of this 2007 Act.
SECTION 4. Section 5 of this 2007 Act is added to and
made a part of ORS chapter 329.
SECTION 5. (1) Every public school student in
kindergarten through grade 8 shall participate in physical education for the
entire school year. Students in kindergarten through grade 5 shall participate
in physical education for at least 150 minutes during each school week.
Students in grades 6 through 8 shall participate in physical education for at
least 225 minutes during each school week.
(2) School districts and
public charter schools shall offer instruction in physical education that meets
the academic content standards for physical education adopted by the State
Board of Education under ORS 329.045. The instruction shall be a sequential,
developmentally appropriate curriculum that is designed, implemented and
evaluated to help students develop the knowledge, motor skills, self-management
skills, attitudes and confidence needed to adopt and maintain physical activity
throughout their lives.
(3) School districts and
public charter schools shall devote at least 50 percent of physical education
class time to actual physical activity in each school week, with as much class
time as possible spent in moderate physical activity.
(4)(a) Notwithstanding
subsections (1) and (3) of this section, a student with disabilities shall have
suitably adapted physical education incorporated as part of the individualized
education program developed for the student under ORS 343.151.
(b) Notwithstanding
subsections (1) and (3) of this section, a student who does not have an
individualized education program but has chronic health problems, other
disabling conditions or other special needs that preclude the student from
participating in regular physical education instruction shall have suitably
adapted physical education incorporated as part of an individualized health
plan developed for the student by the school district or public charter school.
(5) School districts and
public charter schools shall assess school curricula at regular intervals to
measure the attainment of the minimum number of minutes that students are
required to participate in physical education under this section.
(6) All teachers of
physical education for public school students in kindergarten through grade 8
shall be adequately prepared and shall regularly participate in professional
development activities to effectively deliver the physical education program.
SECTION 6. ORS 336.631 is amended to read:
336.631. (1) Prior to contracting with or distributing any public funds
to a private alternative education program, a district school board shall:
(a) Annually approve the
private alternative education program;
(b) Determine that the
private alternative education program is registered with the Department of
Education; and
(c) Determine that the
private alternative education program complies with the requirements of
subsection (2) of this section and ORS 336.625 (3)(c).
(2) The following laws
apply to private alternative education programs that are registered with the
Department of Education under ORS 336.635 in the same manner as the laws apply
to school districts and public schools:
(a) Federal law;
(b) ORS 181.534,
181.539, 326.603, 326.607 and 342.232 (criminal records checks);
(c) Section 5 of this
2007 Act (physical education);
[(c)] (d) ORS 337.150, 339.141, 339.147 and 339.155 (tuition
and fees);
[(d)] (e) ORS 659.850 and 659.855
(discrimination);
[(e)] (f) Health and safety statutes
and rules; and
[(f)] (g) Any statute, rule or
school district policy that is specified in a contract between the school
district board and the private alternative education program.
(3) Prior to placement
of a student in a private alternative education program, the resident district
shall determine whether the proposed placement best serves the student’s
educational needs and interests and assists the student in achieving the
district and state academic standards.
(4) Contracts between a
school district and a private alternative education program shall be included
in the assessment of effectiveness provided for in ORS 329.085.
SECTION 7. ORS 338.115 is amended to read:
338.115. (1) Statutes
and rules that apply to school district boards, school districts or other
public schools do not apply to public charter schools. However, the following
laws do apply to public charter schools:
(a) Federal law;
(b) ORS 192.410 to
192.505 (public records law);
(c) ORS 192.610 to
192.690 (public meetings law);
(d) ORS 297.405 to
297.555 and 297.990 (Municipal Audit Law);
(e) ORS 181.534,
181.539, 326.603, 326.607 and 342.232 (criminal records checks);
(f) ORS 337.150
(textbooks);
(g) ORS 339.141, 339.147
and 339.155 (tuition and fees);
(h) ORS 659.850 and
659.855 (discrimination);
(i) ORS 30.260 to 30.300
(tort claims);
(j) Health and safety
statutes and rules;
(k) Any statute or rule
that is listed in the charter;
(L) The statewide
assessment system developed by the Department of Education for mathematics,
science and English under ORS 329.485 (1);
(m) ORS 329.045
(academic content standards and instruction);
(n) Section 5 of this
2007 Act (physical education);
[(n)] (o) Any statute or rule that
establishes requirements for instructional time provided by a school during
each day or during a year;
[(o)] (p) ORS 339.250 (12)
(prohibition on infliction of corporal punishment);
[(p)] (q) ORS 339.370, 339.372 and
339.375 (reporting of child abuse); and
[(q)] (r) This chapter.
(2) Notwithstanding
subsection (1) of this section, a charter may specify that statutes and rules
that apply to school district boards, school districts and other public schools
may apply to a public charter school.
(3) If a statute or rule
applies to a public charter school, then the terms “school district” and “public
school” include public charter school as those terms are used in that statute
or rule.
(4) A public charter
school may not violate the Establishment Clause of the First Amendment to the
United States Constitution or section 5, Article I of the Oregon Constitution,
or be religion based.
(5) A public charter
school shall maintain an active enrollment of at least 25 students.
(6) A public charter
school may sue or be sued as a separate legal entity.
(7) The sponsor, members
of the governing board of the sponsor acting in their official capacities and
employees of a sponsor acting in their official capacities are immune from
civil liability with respect to all activities related to a public charter
school within the scope of their duties or employment.
(8) A public charter
school may enter into contracts and may lease facilities and services from a
school district, education service district, state institution of higher education,
other governmental unit or any person or legal entity.
(9) A public charter
school may not levy taxes or issue bonds under which the public incurs
liability.
(10) A public charter
school may receive and accept gifts, grants and donations from any source for
expenditure to carry out the lawful functions of the school.
(11) The school district
in which the public charter school is located shall offer a high school
diploma, certificate, Certificate of Initial Mastery or Certificate of Advanced
Mastery to any public charter school student who meets the district’s and state’s
standards for a high school diploma, certificate, Certificate of Initial
Mastery or Certificate of Advanced Mastery. If the school district offers a
Certificate of Initial Mastery subject area endorsement to students who attend
school in the district, then the school district shall offer the endorsement to
any public charter school student who meets the district’s and state’s
standards for the endorsement.
(12) A high school diploma,
certificate, Certificate of Initial Mastery, Certificate of Initial Mastery
subject area endorsement or Certificate of Advanced Mastery issued by a public
charter school grants to the holder the same rights and privileges as a high
school diploma, certificate, Certificate of Initial Mastery, Certificate of
Initial Mastery subject area endorsement or Certificate of Advanced Mastery
issued by a nonchartered public school.
(13) Prior to beginning
operation, the public charter school shall show proof of insurance to the
sponsor as specified in the charter.
(14) A public charter
school may receive services from an education service district in the same
manner as a nonchartered public school in the school district in which the
public charter school is located.
SECTION 8. ORS 338.025 is amended to read:
338.025. (1) The State
Board of Education may adopt any rules necessary for the implementation of this
chapter. The rules shall follow the intent of this chapter.
(2) Upon application by
a public charter school, the State Board of Education may grant a waiver of any
provision of this chapter if the waiver promotes the development of programs by
providers, enhances the equitable access by underserved families to the public
education of their choice, extends the equitable access to public support by
all students or permits high quality programs of unusual cost. The State Board
of Education may not waive any appeal provision in this chapter or any
provision under ORS 338.115 (1)(a) to [(p)] (q).
SECTION 9. (1) Section 5 of this 2007 Act and the
amendments to ORS 336.631, 338.025 and 338.115 by sections 6 to 8 of this 2007
Act become operative on July 1, 2017.
(2) Section 5 of this
2007 Act and the amendments to ORS 336.631, 338.025 and 338.115 by sections 6
to 8 of this 2007 Act first apply to the 2017-2018 school year.
SECTION 10. (1) The Department of Education shall award
grants to school districts and public charter schools for the purpose of
meeting the physical education requirements of section 5 of this 2007 Act.
(2) A district or school
that receives a grant may use the grant to:
(a) Hire teachers who
specialize in physical education; and
(b) Provide in-service
training to teachers on the academic content standards for physical education
and the requirements of section 5 of this 2007 Act.
(3) The department shall
determine:
(a) The amount of a
grant;
(b) The criteria for
awarding a grant; and
(c) The process for
awarding grants.
(4) The State Board of
Education may adopt any rules necessary to administer this section.
SECTION 11. As used in sections 12 and 13 of this 2007
Act:
(1) “Business practices”
means:
(a) The process of
providing transportation, food service, grounds maintenance, building and
systems maintenance, new construction, purchasing and contracting; or
(b) Financial practices.
(2) “District” means a
school district as defined in ORS 332.002 and an education service district as
defined in ORS 334.003.
SECTION 12. (1) The Department of Education, in
consultation with the District Best Business Practices Advisory Committee,
shall establish a system for auditing the business practices of districts. The
department shall develop a list of best business practices to use for the
district audits.
(2) Only those districts
that volunteer for the audit will be audited under this section.
(3) The department shall
contract with the Secretary of State to audit districts based on the list of
best business practices.
(4) The secretary shall
report the results of the audit first to the Governor, the State Board of
Education and the district that was the subject of the audit. Then the
secretary may post the results of the audit on the Internet.
(5) The department shall
monitor district responses to the recommendations made in the audit. The department
shall report to the board on the district responses and make further
recommendations if necessary.
SECTION 13. (1) There is established the District Best
Business Practices Advisory Committee. The advisory committee shall consist of:
(a) One member appointed
by the President of the Senate from among the members of the Senate;
(b) One member appointed
by the Speaker of the House of Representatives from among the members of the
House of Representatives; and
(c) The following
members appointed by the Superintendent of Public Instruction:
(A) One member who is a
representative of district school boards;
(B) One member who is a
representative of district administrators;
(C) One member who is a
representative of district teachers;
(D) One member who is
employed by a district as a business manager;
(E) One member who is a
member of a board of directors of an education service district; and
(F) One member who is a
representative of district classified employees.
(2) In addition to the
members appointed under subsection (1) of this section, the superintendent may
appoint additional members who have special expertise in district business
practices.
(3) The advisory
committee shall advise the Department of Education on the development of a
system for auditing the business practices of districts under section 12 of
this 2007 Act, including:
(a) The designation of
best business practices of districts;
(b) The method of
selecting districts that volunteer for an audit;
(c) The interpretation
and understanding of audit results; and
(d) Monitoring and
reporting the district responses to the results of the audits.
(4) A majority of the
members of the advisory committee constitutes a quorum for the transaction of
business.
(5) The advisory
committee shall meet at times and places specified by the call of the
chairperson or of a majority of the members of the advisory committee.
(6) Official action by
the advisory committee requires the approval of a majority of the members of
the advisory committee.
(7) The advisory
committee shall elect one of its members to serve as chairperson.
(8) The term of office
of each member is two years, but a member serves at the pleasure of the
appointing authority. If there is a vacancy for any cause, the appointing authority
shall make an appointment to become immediately effective.
(9) The department shall
provide staff support to the advisory committee.
(10) Members of the
advisory committee who are not members of the Legislative Assembly are not
entitled to compensation, but may be reimbursed for actual and necessary travel
and other expenses incurred by them in the performance of their official duties
in the manner and amounts provided for in ORS 292.495. Claims for expenses
incurred in performing functions of the advisory committee shall be paid out of
funds appropriated to the department for that purpose.
(11) All agencies of
state government, as defined in ORS 174.111, and all districts are directed to
assist the advisory committee in the performance of its duties and, to the
extent permitted by laws relating to confidentiality, to furnish such
information and advice as the members of the advisory committee consider
necessary to perform their duties.
SECTION 14. ORS 297.210 is amended to read:
297.210. (1)(a) The
Secretary of State, as State Auditor, shall have the accounts and financial
affairs of state departments, boards, commissions, institutions and state-aided
institutions and agencies of the state reviewed or audited as the Secretary of
State considers advisable or necessary.
(b) The Secretary of
State, as State Auditor, may conduct audits of the business practices of school
districts and education service districts pursuant to a contract with the
Department of Education authorized by section 12 of this 2007 Act.
(c) The Secretary of State may subpoena
witnesses, require the production of books and papers and rendering of reports
in such manner and form as the Secretary of State requires and may do all
things necessary to secure a full and thorough investigation. The Secretary of
State shall report, in writing, to the Governor. The report shall include a
copy of the report on each audit.
(2) An audit or review
shall be made of any institution or department of the state government at any
time the executive head of the institution or department, for any reason,
retires from the head’s office or position.
(3) The Secretary of
State shall employ auditors upon such terms and for such compensation as the
Secretary of State determines are advantageous and advisable.
(4) If a person fails to
comply with any subpoena issued under subsection (1) of this section, a judge
of the circuit court of any county, on application of the Secretary of State,
shall compel obedience by proceedings for contempt as in the case of
disobedience of the requirements of a subpoena issued from the circuit court.
SECTION 15. (1) There is created an Education System
Design Team, consisting of the following members:
(a) The President of the
Senate shall appoint five members from among members of the Senate. The members
appointed under this paragraph may not all be from the same political party.
(b) The Speaker of the
House of Representatives shall appoint five members from among members of the
House of Representatives. The members appointed under this paragraph may not
all be from the same political party.
(c) The Governor shall
appoint one member to represent the office of the Governor.
(2) The purpose of the
design team is to design a new legislative process for review of and decision-making
regarding state agency budgets relating to prekindergarten through higher
education. The process shall use a holistic or enterprise approach to
prekindergarten through higher education. The design team shall:
(a) Work with the
Quality Education Commission, with the Post-Secondary Quality Education
Commission established by the Governor and with workgroups created by the Joint
Boards of Education;
(b) Design a legislative
system to review a comprehensive prekindergarten through higher education budget
and policy presentation; and
(c) In collaboration
with the office of the Governor and workgroups created by the Joint Boards of
Education, design and recommend methods of financially supporting an education
system that has the following goals:
(A) All students
graduate from high school;
(B) Forty percent of
high school graduates each year go on to earn an associate degree or acquire
equivalent level work skills;
(C) Forty percent of
high school graduates each year go on to earn a bachelor’s degree; and
(D) Ensure that
(3) A majority of the
members of the design team constitutes a quorum for the transaction of
business.
(4) Official action by
the design team requires the approval of a majority of the members of the
design team.
(5) The design team
shall elect one of its members to serve as chairperson.
(6) If there is a
vacancy for any cause, the appointing authority shall make an appointment to
become immediately effective.
(7) The design team shall
meet at times and places specified by the call of the chairperson or of a
majority of the members of the design team.
(8) The design team may
adopt rules necessary for the operation of the design team.
(9) The design team
shall submit a report, and may include recommendations for legislation, to the
interim legislative committees on education on or before February 1, 2008.
(10) The design team may
presession file legislation in the manner provided in ORS 171.130 for interim
committees. All legislation recommended by official action of the design team
must indicate that it is introduced at the request of the design team.
(11) The office of the
Governor shall provide staff support to the design team. The office of the
Governor may also contract for staff support for the design team.
(12) Members of the
design team who are not members of the Legislative Assembly are not entitled to
compensation, but may be reimbursed for actual and necessary travel and other
expenses incurred by them in the performance of their official duties in the
manner and amounts provided for in ORS 292.495. Claims for expenses shall be
paid out of funds appropriated to the office of the Governor for that purpose.
(13) All agencies of
state government, as defined in ORS 174.111, and all school districts are
directed to assist the design team in the performance of its duties and, to the
extent permitted by laws relating to confidentiality, to furnish such
information and advice as the members of the design team consider necessary to
perform their duties.
SECTION 16. Section 15 of this 2007 Act is repealed on
the date of the convening of the next regular biennial legislative session.
SECTION 17. ORS 327.026 is amended to read:
327.026. (1) In order to
accomplish the purpose described in ORS 326.700, the State Board of Education
shall adopt by rule definitions and procedures to be applied to the computation
of the State School Fund allocations where necessary to make students enrolled
in the Youth Corrections Education Program, as defined in ORS 326.695, and the
Juvenile Detention Education Program, as defined in ORS 326.695, equivalent to
students enrolled in common and union high school districts for purposes of
distribution of the fund.
(2)(a) The Youth
Corrections Education Program shall be entitled to receive from the State
School Fund for each school year a special State School Fund grant, consisting
of a general purpose grant that is equal to the Youth Corrections Education
Program ADM multiplied by 2.0 multiplied by the additional per student weight,
as defined in ORS 327.013 (7)(a)(A), multiplied by
Funding Percentage and further multiplied by Statewide Target per ADMw Grant.
(b) Notwithstanding
paragraph (a) of this subsection, the Youth Corrections Education Program may
not receive moneys under this section from the
(A) Has received a high
school diploma; or
(B) Is 21 years of age
or older.
(3) The Juvenile
Detention Education Program shall be entitled to receive from the State School
Fund for each school year a special State School Fund grant, consisting of a
general purpose grant that is equal to the Juvenile Detention Education Program
ADM multiplied by 1.5 multiplied by Funding Percentage and further multiplied
by Statewide Target per ADMw Grant.
(4) Funds allocated to
the Youth Corrections Education Program and the Juvenile Detention Education
Program from the State School Fund shall remain with the Department of
Education and shall be adjusted in the year following the distribution to
reflect the actual ADMw of students in the Youth Corrections Education Program
and the Juvenile Detention Education Program in the same manner as for the
school districts under ORS 327.101.
SECTION 18. If Senate Bill 462 becomes law, section 2,
chapter ___, Oregon Laws 2007 (Enrolled Senate Bill 462), is amended to read:
Sec.
2. (1) On or before October 31, 2007, the Superintendent of
Public Instruction shall issue a fact-finding report on the division of the
South Umpqua School District No. 19 into two districts. The two districts shall
be the South Umpqua School District No. 19 and a district designated as the
(2) The superintendent
shall designate a fact finder to gather information and make recommendations
about the division of the South Umpqua School District No. 19. The South Umpqua
School District No. 19 Board and the Canyonville School Committee shall jointly
submit a list of fact finder candidates to the superintendent. The list shall
have no more than six names. The superintendent shall select the fact finder
from the list.
(3) The fact finder
shall consult with the South Umpqua School District No. 19 Board and the Canyonville
School Committee. The fact finder shall:
(a) Consider whether the
question of dividing the South Umpqua School District No. 19 should be
submitted to the electors of the school district;
(b) Consider converting
the
(c) Consider other
alternatives for the operation of the
(4) In considering the
division of the South Umpqua School District No. 19, the fact finder shall
review:
(a) The impact of the
division on the South Umpqua School District No. 19;
(b) The plan for the
division of the assets and liabilities of the South Umpqua School District No.
19;
(c) The school
facilities of the proposed
(d) The expected income
and expenditures of the proposed
(e) The business
management plan for the proposed
(f) The education
program and the ability of the proposed
(g) Any other relevant
issues relating to the division of the South Umpqua School District No. 19.
(5) Based on the
findings and recommendations of the fact finder, the superintendent shall issue
a fact-finding report that shall include:
(a) An order for the
district boundary board of the South Umpqua School District No. 19 to submit
the question of dividing the South Umpqua School District No. 19 to the
electors of the school district. The order of the superintendent shall specify
the new boundaries of the South Umpqua School District No. 19 and shall specify
the distribution of the assets and liabilities of the former district;
(b) A recommendation to
convert the
(c) A recommendation for
another alternative for the operation of the
(6) If the
superintendent orders the district boundary board to send the question of
dividing the South Umpqua School District No. 19 to the electors of the school
district, the district boundary board, acting as the district elections
authority on behalf of the South Umpqua School District No. 19, shall submit
the question of dividing the South Umpqua School District No. 19 to the
electors of the school district prior to April 1, 2008.
(7) If a majority of votes
cast approve the division of the South Umpqua School District No. 19, the
district boundary board shall proceed to divide the South Umpqua School
District No. 19 based on the order of the superintendent. The district boundary
board shall appoint by order five electors of the
successors at the next district election. Two of the
members shall be appointed to serve until June 30 following the election of
their successors at the next succeeding district election.
(8) A remonstrance
petition or election under ORS 330.101 is not allowed on the division of the
South Umpqua School District No. 19.
(9) The employees of the
former school district who have been employed at a school that is within the
new
(10)(a) Notwithstanding
ORS 330.103 (1), if prior to July 1, 2008, the district boundary board files
with the county assessor and the Department of Revenue the legal description of
the division of the South Umpqua School District No. 19 pursuant to
ORS 308.225, the division of the school district shall become effective
on July 1, 2009.
(b) Notwithstanding
paragraph (a) of this subsection, for purposes of levying taxes, the division
of the South Umpqua School District No. 19 shall become effective on May 31,
2008, and the South Umpqua School District No. 19 shall continue to levy
taxes for both school districts for the 2008-2009 fiscal year.
(11)(a) The South
Umpqua School District No. 19 [and the
(b) For the purpose
of paying the costs of the superintendent and the department of administering
this section, the department may accept contributions of moneys and assistance
from any public or private source and agree to conditions placed on the moneys
not inconsistent with the duties of the department or superintendent under this
section.
(c) Any moneys received
by the department under this subsection shall be placed in the Department of Education
Account.
(d) Notwithstanding
subsections (1) to (10) of this section, the superintendent may not take any
action under this section until the department determines that sufficient
moneys or assistance have been received by the department to pay for the costs
of the superintendent and the department of administering this section.
SECTION 19. ORS 327.008, as amended by section 6a, chapter
803, Oregon Laws 2005, 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 transferred from the Education Stability Fund. The State School Fund
is continuously appropriated to the Department of Education for the purposes of
ORS 327.006 to 327.077, 327.095, 327.099, 327.101, 327.125, 327.137, 327.348,
327.355, 327.357, 327.360, 336.575, 336.580, 336.635, 342.173, 343.243, 343.533
and 343.961.
(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 and a high cost disabilities grant
minus local revenue, computed as provided in ORS 327.013.
(3) There shall be
apportioned from the State School Fund to each education service district a
State School Fund grant as calculated under ORS 327.019.
(4) 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.
(5) Numbers of students
in average daily membership used in the distribution formula shall be the
numbers as of June of the year of distribution.
(6) 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.
(7) The total amount of
the State School Fund that is distributed as facility grants may not exceed $25
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.
(8) Each fiscal year,
the Department of Education shall transfer the amount of $12 million from the
State School Fund to the High Cost Disabilities Account established in ORS
327.348.
(9) Each fiscal year,
the Department of Education shall transfer the amount of $2.5 million from the
State School Fund to the Small School District Supplement Fund established in
ORS 327.360.
(10) Each biennium,
the Department of Education may expend up to $800,000 from the
(11) Each biennium, the Department
of Education may expend up to $350,000 from the
(12) Each biennium, the
Department of Education may expend up to $150,000 from the
SECTION 20. Notwithstanding ORS 327.008, for the
biennium beginning July 1, 2007:
(1) The Department of
Education may:
(a) Expend up to
$140,000 from the
(b) Expend up to
$860,000 from the
(c) Transfer $200,000
from the
(d) Expend up to
$150,000 from the
(e) Expend up to
$5,205,456 from the
(A) Have received their
high school diplomas; or
(B) Are 21 years of age
or older.
(2) There is transferred
to the
SECTION 21. As used in sections 21 to 25 of this 2007
Act:
(1) “Eligible
post-secondary institution” means:
(a) A state institution
under the direction of the State Board of Higher Education listed in ORS
352.002;
(b) A community college
as defined in ORS 341.005; or
(c) A generally
accredited, not-for-profit institution of higher education.
(2) “Participant” means
a student who receives a grant under section 23 of this 2007 Act.
SECTION 22. (1) The Department of Education shall establish
a program to increase the number of speech-language pathologists and
speech-language pathology assistants in
(2) Through the program
the department may award:
(a) Grants to students
studying to become licensed speech-language pathologists or certified
speech-language pathology assistants as provided in section 23 of this 2007
Act; and
(b) Stipends to licensed
speech-language pathologists who are employed by education service districts or
school districts and provide training to participants.
(3) The State Board of
Education may adopt any rules necessary for the administration of sections 21
to 25 of this 2007 Act.
SECTION 23. (1) To be eligible for participation in the
program under sections 21 to 25 of this 2007 Act, a student must:
(a) Be registered as a
student in an eligible post-secondary institution;
(b) Agree to receive
training as a student under the supervision of a staff person employed by an
education service district or a school district;
(c) Agree to be employed
in Oregon for a minimum of two years as a speech-language pathologist or
speech-language pathology assistant within the education service district where
the participant received training as a student;
(d) Agree to pay back
any amount received by the participant as a grant if the participant does not
meet the employment requirement of the program; and
(e) Meet other
requirements placed on the participant by the Department of Education.
(2) The Department of
Education shall award to each participant selected by the department for
participation in the program:
(a) A grant in an amount
that is up to $2,000 per academic year for participants who are registered in
programs to become speech-language pathology assistants; and
(b) A grant in an amount
that is up to $9,000 per academic year for participants who are registered in
programs to become speech-language pathologists.
(3) Notwithstanding
subsection (2) of this section, a participant may not receive a grant under
this section that is in an amount that is greater than the tuition costs of the
participant.
(4) A participant shall
complete the employment requirement specified under subsection (1) of this
section not later than three years after the date the participant graduates
from the program. The department may grant a participant additional time to
complete the employment requirement as follows:
(a) For the period of
enrollment if a participant returns to school on a full-time basis in any
course of study at an eligible post-secondary institution; and
(b) For a period
determined by the State Board of Education for other reasons allowed by the
board.
(5) If a participant
does not meet the employment requirement, the participant must pay back any
amount received by the participant as a grant under the program. The department
shall deposit any moneys received under this subsection in the Speech-Language
Pathologist Training Fund.
SECTION 24. (1) The Department of Education may award
stipends to licensed speech-language pathologists who are employed by education
service districts or school districts and who provide training to participants.
(2) The department may
award to a licensed speech-language pathologist:
(a) A stipend in an
amount that may be up to $400 per participant for providing training to the
participant to become a licensed speech-language pathologist.
(b) A stipend in an
amount that may be up to $200 per participant for providing training to the
participant to become a certified speech-language pathology assistant.
SECTION 25. (1) The Speech-Language Pathologist
Training Fund is established in the State Treasury, separate and distinct from
the General Fund. Interest earned by the Speech-Language Pathologist Training
Fund shall be credited to the fund. Moneys in the fund are continuously
appropriated to the Department of Education for the purpose of awarding grants
and stipends under sections 21 to 25 of this 2007 Act.
(2) The department may
seek grants and donations to provide funding for the program. The department
shall deposit any moneys received under this subsection in the fund.
SECTION 26. Sections 21 to 25 of this 2007 Act first
apply to participants who attend an eligible post-secondary institution during
the 2007-2008 academic year.
SECTION 27. This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency is declared
to exist, and this 2007 Act takes effect on July 1, 2007.
Approved by the Governor July 27, 2007
Filed in the office of Secretary of State July 27, 2007
Effective date July 27, 2007
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