74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1578
A-Engrossed
House Bill 2040
Ordered by the House June 22
Including House Amendments dated June 22
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Education)
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.
{ - Eliminates teacher experience as factor in school
district funding formula. - }
{ - Establishes Successful Schools Fund. - }
{ - Continuously appropriates moneys in fund to Department of
Education for incentive rewards to schools. Transfers to
Successful Schools Fund amount determined by department that was
distributed to school districts based on teacher experience
factor. - }
{ - Modifies successful schools program. - }
{ + Authorizes certain school districts to contract with
qualified private alternative education programs to provide
services to homeschooled children. Directs State Board of
Education to adopt formula for calculation of amount of funding
to be received by programs from State School Fund
distributions. + }
Declares emergency, effective July 1, 2007.
A BILL FOR AN ACT
Relating to education; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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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