74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
HA to HB 2040
LC 1578/HB 2040-1
HOUSE AMENDMENTS TO
HOUSE BILL 2040
By COMMITTEE ON REVENUE
June 22
On page 1 of the printed bill, line 2, after the first
semicolon delete the rest of the line and lines 3 and 4 and
insert ' and declaring an emergency.'.
Delete lines 6 through 28 and delete pages 2 through 11 and
insert:
' { + SECTION 1. + } { + Sections 2 to 6 of this 2007 Act
are added to and made a part of ORS 336.615 to 336.665. + }
' { + SECTION 2. + } { + As used in sections 2 to 6 of this
2007 Act:
' (1) 'Qualified homeschooled child' means a child who is
registered as a child who is taught by a parent, legal guardian
or private teacher under ORS 339.035 and who is:
' (a) A resident of a county with a population of more than
320,000 but less than 325,000 according to the federal decennial
census conducted in 2000; or
' (b) A resident of a school district that contracted with a
qualified private alternative education program prior to the
2007-2008 school year.
' (2) 'Qualified private alternative education program' means a
private alternative education program that:
' (a) First contracted with a qualified school district
beginning with the 1996-1997 school year, and has continued to
have a contract with a qualified school district through the
2006-2007 school year, to provide services to homeschooled
students; and
' (b) Is in compliance with ORS 336.615 to 336.665 and rules
adopted by the State Board of Education that relate to private
alternative education programs.
' (3) 'Qualified school district' means a school district:
' (a) With an administrative office located in the county seat
of a county with a population of more than 320,000 but less than
325,000 according to the federal decennial census conducted in
2000; and
' (b) That had a contract with a qualified private alternative
education program during the 2006-2007 school year. + }
' { + SECTION 3. + } { + (1) A qualified school district may
contract with a qualified private alternative education program
to provide services to homeschooled children. A qualified school
district that contracts with a program under this section shall
evaluate and monitor the program.
' (2) Other school districts may place students in a qualified
private alternative education program. Except as provided in
subsection (1) of this section, if a school district places a
student in a program under this subsection, the school district
is not required to evaluate and monitor the program.
' (3) When necessary to meet a qualified homeschooled child's
educational needs and interests, the parent or legal guardian
with the approval of the resident district and the attending
district may enroll the child in a qualified private alternative
education program. If the child is determined to be eligible for
special education under ORS 343.221 to 343.236 and 343.261 to
343.295, the program must be approved by the Department of
Education prior to the placement of the student in the program.
' (4) As a condition of enrolling in a qualified private
alternative education program:
' (a) A qualified homeschooled child may not be required to
have previously attended a public school;
' (b) A school district is not required to find that the
student is not benefiting, has not benefited or will not benefit
from attendance in public school or other alternative education
programs; and
' (c) A school district is not required to conduct an
assessment of the child in order to find that the program would
meet the child's educational needs and interests. + }
' { + SECTION 4. + } { + Notwithstanding section 3 (3) of
this 2007 Act, if a qualified homeschooled child was enrolled in
a qualified private alternative education program prior to the
effective date of this 2007 Act, additional approval from the
resident or attending school district is not required and the
qualified homeschooled child may continue to attend the
program. + }
' { + SECTION 5. + } { + (1) A qualified private alternative
education program shall receive funding from a qualified school
district that has entered into a contract with the program. The
funding shall be calculated based on this section and section 6
of this 2007 Act.
' (2) A qualified private alternative education program may
receive funding for a qualified homeschooled child only if the
child enrolls in one or more the following courses that meet the
academic content standards adopted by the State Board of
Education for that course:
' (a) Mathematics.
' (b) Science.
' (c) English.
' (d) History.
' (e) Geography.
' (f) Economics.
' (g) Civics.
' (h) Physical education.
' (i) Health.
' (j) The arts.
' (k) Second languages.
' (L) Computer technology.
' (3)(a) Except as provided in paragraph (b) of this
subsection, for purposes of receiving funding for a qualified
private alternative education program from the State School Fund,
a qualified school district that enters into a contract with a
program under section 3 of this 2007 Act shall be considered to
be the resident district of a qualified homeschooled child who
attends the program.
' (b) Paragraph (a) of this subsection does not apply to a
qualified homeschooled child who is receiving special education
and related services. + }
' { + SECTION 6. + } { + (1) As used in this section:
' (a) 'ADM' means the average daily membership as defined in
ORS 327.006.
' (b) 'Small group' means instruction provided in a qualified
private alternative education program approved by a qualified
school district to a class of two to five students.
' (c) 'Intermediate group' means instruction provided in a
qualified private alternative education program approved by a
qualified school district to a class of six to 15 students.
' (d) 'Large group' means instruction provided in a qualified
private alternative education program approved by a qualified
school district to a class of 16 or more students.
' (e) 'Tutorial' means instruction provided in a qualified
private alternative education program approved by a qualified
school district to a class of one student.
' (2) The State Board of Education shall adopt by rule a
formula for the calculation of the amount of funding to be
received by a qualified private alternative education program.
The formula shall be based on:
' (a) The ADM of the program;
' (b) Whether the program operates full-time or part-time; and
' (c) Whether instruction in the program is given as tutorials
or in small groups, intermediate groups or large groups. + }
' { + SECTION 7. + } { + Sections 5 and 6 of this 2007 Act
first apply to State School Fund distributions commencing with
the 2007-2008 distribution. + }
' { + SECTION 8. + } { + 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 July 1, 2007. + } ' .
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