74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to B-Eng. HB 2263
LC 462/HB 2263-B21
SENATE AMENDMENTS TO
B-ENGROSSED HOUSE BILL 2263
By COMMITTEE ON RULES
June 22
On page 1 of the printed B-engrossed bill, line 2, after ' ORS'
delete the rest of the line and lines 3 through 6 and insert
'179.210, 179.460, 181.539, 238.350, 240.205, 240.240, 285A.075,
285A.090, 326.603, 327.008, 327.023, 327.297, 327.506, 328.542,
329.007, 329.015, 329.025, 329.045, 329.075, 329.085, 329.095,
329.105, 329.115, 329.160, 329.165, 329.183, 329.190, 329.195,
329.200, 329.228, 329.255, 329.265, 329.415, 329.451, 329.485,
329.489, 329.675, 329.704, 329.830, 329.860, 329.885, 332.114,
336.113, 336.790, 336.800, 336.805, 338.115, 339.370, 339.505,
339.860, 341.009, 342.845, 343.236, 346.010, 346.015, 346.017,
346.019, 346.020, 346.030, 346.041, 346.047, 346.055, 346.080,
348.183, 348.186, 351.117 and 656.135 and section 3, chapter 827,
Oregon Laws 2005; re-'.
On page 20, delete line 18 and insert:
' (1) The Oregon School for the Blind and the Oregon School for
the Deaf.'.
On page 31, delete lines 2 and 3 and insert:
' (3) Notwithstanding subsection (1) of this section:
' (a) The department may allow the contractor to waive the
assessment for specific groups of students; and
' (b) Upon request from a student who is enrolled in a public
school operated by a school district or the parent or guardian of
the student, the school district shall waive the assessment for
the student.'.
Delete line 45 and delete page 32 and insert:
' { + SECTION 47. + } { + (1) There is established a Board
of Directors of the Oregon School for the Deaf, consisting of
seven members of whom at least four are persons who are deaf. The
members shall be appointed by the Governor as follows:
' (a) One member who has attended the Oregon School for the
Deaf;
' (b) One member who is deaf;
' (c) One member who is a professional with experience working
with persons who are deaf;
' (d) One member who is a professional with experience working
with regional programs for persons who are deaf;
' (e) One member of the business community; and
' (f) Two members who are parents of a child who is deaf.
' (2) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause,
the Governor shall make an appointment to become immediately
effective for the unexpired term.
' (3) A member of the board is not entitled to compensation but
may be reimbursed for expenses as provided in ORS 292.495. + }
' { + SECTION 48. + } { + (1) The Board of Directors of the
Oregon School for the Deaf shall be appointed within 60 days of
the effective date of this 2007 Act.
' (2) Notwithstanding the term of office specified by section
47 of this 2007 Act, of the members first appointed to the board:
' (a) One shall serve for a term ending July 1, 2008.
' (b) Two shall serve for terms ending July 1, 2009.
' (c) Two shall serve for terms ending July 1, 2010.
' (d) Two shall serve for terms ending July 1, 2011. + }
' { + SECTION 49. + } { + (1) The Board of Directors of the
Oregon School for the Deaf shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with duties and powers necessary for the performance of the
functions of such offices as the board determines.
' (2) A majority of the members of the board constitutes a
quorum for the transaction of business.
' (3) The board shall meet at times and places specified by the
call of the chairperson or of a majority of the members of the
board. + }
' { + SECTION 50. + } { + The Board of Directors of the
Oregon School for the Deaf shall:
' (1) Periodically, in conjunction with the Department of
Education, conduct a comprehensive review of policies and
procedures of the Oregon School for the Deaf and of the state
that relate to programs, services and employment of staff for the
school;
' (2) Make recommendations to the Superintendent of Public
Instruction about policies and procedures of the school that
relate to programs, services and employment of staff for the
school;
' (3) Establish an interview committee as necessary to provide
advice to the Superintendent of Public Instruction on the hiring
of a director for the school;
' (4) Make recommendations to the superintendent about
candidates for the director position;
' (5) Make recommendations to the department about the school's
budget and funding requests; and
' (6) Make recommendations to the department about the
expenditure of private donations and grants received by the
department on behalf of the school. + }
' { + SECTION 51. + } { + (1) The Board of Directors of the
Oregon School for the Deaf shall adopt a master plan for the
Oregon School for the Deaf. The plan shall specify the mission
and objectives of the school.
' (2) The board shall include the input of stakeholders in the
school in the development of the plan, including school
districts, education service districts, students, graduates of
the school and parents and guardians of students at the school.
' (3) The plan shall include, but not be limited to,
recommendations for:
' (a) Procedures for systematically measuring the school's
progress toward meeting its objectives;
' (b) Procedures for analyzing changes in student population
and modifying school programs and services to respond to the
changes; and
' (c) The delivery of the school's services to school districts
and education service districts.
' (4) The plan shall honor deaf culture.
' (5) The plan shall be in effect for a period of five years
and shall be reviewed for needed modification every two years.
' (6) Prior to February 1 of each odd-numbered year, the board
shall submit the plan to the Superintendent of Public Instruction
and the Legislative Assembly. The board shall also include the
plan in the presentation to the Joint Legislative Committee on
Ways and Means on the budget of the school. + }
' { + SECTION 52. + } { + (1) There is established a Board
of Directors of the Oregon School for the Blind, consisting of
seven members of whom at least three are persons who are blind.
The members shall be appointed by the Governor as follows:
' (a) One member who has attended the Oregon School for the
Blind or was a staff person at the school;
' (b) One member who is a professional with experience working
with regional programs for persons who are blind;
' (c) One member of the business community;
' (d) One member who is a parent of a child who is blind;
' (e) One member who serves on the Commission for the Blind or
who is a staff person of the commission; and
' (f) Two members who represent consumer groups that focus on
issues relating to persons who are blind.
' (2) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause,
the Governor shall make an appointment to become immediately
effective for the unexpired term.
' (3) A member of the board is not entitled to compensation but
may be reimbursed for expenses as provided in ORS 292.495. + }
' { + SECTION 53. + } { + (1) The Board of Directors of the
Oregon School for the Blind shall be appointed within 60 days of
the effective date of this 2007 Act.
' (2) Notwithstanding the term of office specified by section
52 of this 2007 Act, of the members first appointed to the board:
' (a) One shall serve for a term ending July 1, 2008.
' (b) Two shall serve for terms ending July 1, 2009.
' (c) Two shall serve for terms ending July 1, 2010.
' (d) Two shall serve for terms ending July 1, 2011. + }
' { + SECTION 54. + } { + (1) The Board of Directors of the
Oregon School for the Blind shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with duties and powers necessary for the performance of the
functions of such offices as the board determines.
' (2) A majority of the members of the board constitutes a
quorum for the transaction of business.
' (3) The board shall meet at times and places specified by the
call of the chairperson or of a majority of the members of the
board. + }
' { + SECTION 55. + } { + The Board of Directors of the
Oregon School for the Blind shall:
' (1) Periodically, in conjunction the Department of Education,
conduct a comprehensive review of policies and procedures of the
Oregon School for the Blind and of the state that relate to
programs, services and employment of staff for the school;
' (2) Make recommendations to the Superintendent of Public
Instruction about policies and procedures of the school that
relate to programs, services and employment of staff for the
school;
' (3) Establish an interview committee as necessary to provide
advice to the Superintendent of Public Instruction on the hiring
of a director for the school;
' (4) Make recommendations to the superintendent about
candidates for the director position;
' (5) Make recommendations to the department about the school's
budget and funding requests; and
' (6) Make recommendations to the department about the
expenditure of private donations and grants received by the
department on behalf of the school. + }
' { + SECTION 56. + } { + (1) The Board of Directors of the
Oregon School for the Blind shall adopt a master plan for the
Oregon School for the Blind. The plan shall specify the mission
and objectives of the school.
' (2) The board shall include the input of stakeholders in the
school in the development of the plan, including school
districts, education service districts, students, graduates of
the school and parents and guardians of students at the school.
' (3) The plan shall include, but not be limited to,
recommendations for:
' (a) Procedures for systematically measuring the school's
progress toward meeting its objectives;
' (b) Procedures for analyzing changes in student population
and modifying school programs and services to respond to the
changes; and
' (c) The delivery of the school's services to school districts
and education service districts.
' (4) The plan shall honor blind culture.
' (5) The plan shall be in effect for a period of five years
and shall be reviewed for needed modification every two years.
' (6) Prior to February 1 of each odd-numbered year, the board
shall submit the plan to the Superintendent of Public Instruction
and the Legislative Assembly. The board shall also include the
plan in the presentation to the Joint Legislative Committee on
Ways and Means on the budget of the school. + }
' { + SECTION 57. + } ORS 179.210 is amended to read:
' 179.210. (1) The Department of Human Services, the Department
of Corrections and the Superintendent of Public Instruction may
audit, allow and pay a claim for damage to property made by an
employee of one of those agencies if:
' (a) The damage to property arises out of the claimant's
employment at one of the institutions or facilities operated by
the Department of Human Services or the Department of
Corrections, or one of the { - facilities - } { + schools + }
operated by the Superintendent of Public Instruction under ORS
346.010; and
' (b) The employee files a written claim with the employee's
employer within 180 days after the employee discovers or should
have discovered the damage.
' (2) No claim under subsection (1) of this section shall be
paid:
' (a) That exceeds, in the aggregate with payments of other
claims, the moneys appropriated for such purpose.
' (b) To the extent that the person incurring damage has been
or may be compensated by liability insurance or otherwise.
' (c) If the Department of Human Services, the Department of
Corrections or the Superintendent of Public Instruction
determines the cause or occasion of the accident resulting in
damage is chargeable to the conduct or negligence of the party
damaged.
' { + SECTION 58. + } ORS 179.460 is amended to read:
' 179.460. (1) In order to encourage industry and thereby
increase productiveness in the institutions, the Department of
Corrections and the Department of Human Services shall prescribe
rules and regulations for the sale and exchange of surplus
products of each.
' (2) The funds derived from the sale of the surplus products
shall be paid into the State Treasury and become a part of a fund
to be known as the State Institutional Betterment Fund, which
fund shall be expended by the Department of Corrections and the
Department of Human Services, respectively, for the benefit of
the institutions in proportion to the amount earned by each.
' (3) The provisions of this section apply to
{ - facilities - } { + schools + } operated under ORS 346.010.
' { + SECTION 59. + } ORS 181.539 is amended to read:
' 181.539. (1) For the purpose of requesting a state or
nationwide criminal records check under ORS 181.534, the Teacher
Standards and Practices Commission and the Department of
Education may require the fingerprints of:
' (a) A person who is applying for initial issuance of a
license under ORS 342.120 to 342.430 as a teacher, administrator
or personnel specialist if the person has not submitted to a
criminal records check by the commission within the previous
year.
' (b) A person who is applying for reinstatement of a license
as a teacher, administrator or personnel specialist whose license
has lapsed for at least three years.
' (c) A person who is applying for initial issuance of a
certificate under ORS 342.475 as a school nurse.
' (d) A school district or private school contractor, whether
part-time or full-time, or an employee thereof, whether part-time
or full-time, who has direct, unsupervised contact with students
as determined by the district or private school.
' (e) A person newly hired, whether part-time or full-time, by
a school district or private school in a capacity not described
in paragraphs (a) to (c) of this subsection who has direct,
unsupervised contact with children as determined by the district
or private school.
' (f) A person employed, whether part-time or full-time, by a
school district or private school in a capacity not described in
paragraphs (a) to (c) of this subsection who has direct,
unsupervised contact with children as determined by the district
or private school.
' (g) A person who is registering with the commission for
student teaching, practicum or internship as a teacher,
administrator or personnel specialist, if the person has not
submitted to a criminal records check by the commission within
the previous year for student teaching, practicum or internship
as a teacher, administrator or personnel specialist.
' (h) A person who is a community college faculty member
providing instruction at a kindergarten through grade 12 school
site during the regular school day.
' (i) A person who is an employee of a public charter school.
' (j) A person who is applying for initial issuance of a
registration as a public charter school teacher under ORS
342.125.
' (2) Notwithstanding subsection (1) of this section, the
commission and the department may not require fingerprints of a
person described in subsection (1)(d), (e), (f), (h) or (i) of
this section if the person or the person's employer was checked
in one school district or private school and is currently seeking
to work in another district or private school unless the person
lived outside this state during the interval between the two
periods of time of working in the district or private school.
' (3) Nothing in this section requires a person described in
subsection (1)(d), (e) or (i) of this section to submit to
fingerprinting until the person has been offered employment or a
contract by a school district or private school. Contractor
employees shall not be required to submit to fingerprinting until
the contractor has been offered a contract.
' (4) As used in this section:
' (a) 'Private school' means a school that provides educational
services as defined in ORS 345.505 and is registered as a private
school under ORS 345.505 to 345.575.
' (b) 'School district' means:
' (A) A school district as defined in ORS 330.003.
' (B) The Oregon { - State - } School for the Blind.
' (C) The Oregon { - State - } School for the Deaf.
' (D) An educational program under the Youth Corrections
Education Program.
' (E) A public charter school as defined in ORS 338.005.
' (F) An education service district.
' { + SECTION 60. + } ORS 238.350 is amended to read:
' 238.350. (1)(a) Upon the request by a public employer that
its employees be compensated for accumulated unused sick leave
with pay in the form of increased retirement benefits upon
service or disability retirement, the board shall establish a
procedure for adding to the gross amount of salary used in
determining final average salary the monetary value of one-half
of the accumulated unused sick leave with pay of each retiring
employee of the requesting public employer and shall establish
benefits of the retiring employee on the basis of a final average
salary reflecting that addition.
' (b) For employees of a common school district, a union high
school district, an education service district or a community
college, or employees of the State Board of Higher Education
engaged in teaching or other school activity at an institution of
higher education, or employees of { - state - } schools
{ - for the deaf or blind - } { + operated under ORS
346.010 + } engaged in teaching or other school activity, who are
employed under contract for a period of less than 12 consecutive
months and who are entitled to sick leave with pay of less than
96 hours for a year, each hour of accumulated unused sick leave
with pay shall be valued on the basis of the actual number of
contract hours of employment during the last year of contributing
membership of an employee before retiring and the salary of the
employee during the same period. This paragraph does not apply
to any employee who is employed under contract for 12 consecutive
months in any of the three or less years used in determining the
final average salary of the employee.
' (c) For the purpose of this subsection, accumulated unused
sick leave with pay includes unused sick leave with pay
accumulated by an active member of the system while in the
service of any public employer participating in the system that
has the request described in paragraph (a) of this subsection in
effect at the time of the member's separation from the service of
the employer, whether that employer is or is not the employer of
the member at the time of the member's retirement.
' (d) The board shall establish rules requiring all public
employers participating in the system to transmit to the board
reports of unused sick leave with pay accumulated by their
employees who are members of the system and to provide timely
notification to each of those employees of unused sick leave with
pay accumulated by the employee and reported to the board.
' (2) Accumulated unused sick leave with pay may be considered
for the purpose of subsection (1) of this section only in
accordance with the following requirements:
' (a) Sick leave not credited at the rate actually provided by
the public employer may not be considered. The amount of sick
leave exceeding an amount credited at the lowest rate in effect
for any employee of the public employer who is normally entitled
to sick leave, and in any event exceeding an amount credited at a
rate of eight hours for each full month worked, may not be
considered.
' (b) Sick leave credited for periods when an employee was
absent from employment on sabbatical leave, educational leave or
any leave without pay may not be considered.
' (c) Any period during which an employee was absent from
employment for illness or injury that was charged against sick
leave not qualified for consideration shall be deducted from sick
leave qualified for consideration.
' (d) Sick leave for any period for which the public employer
provides no sick leave with pay for its employees may not be
considered.
' (e) Sick leave accumulated on and after July 1, 1973, may be
considered only to the extent it is supported by records of
accumulation and use pursuant to a plan adopted formally by the
public employer.
' (f) Accumulated unused sick leave for periods before July 1,
1973, may be considered as follows:
' (A) If any department, bureau or other organizational unit of
a public employer maintained formal records of accumulation and
use even though the public employer did not require that those
records be maintained, the accumulated unused sick leave shall be
considered according to those records.
' (B) Where the public employer provided sick leave before July
1, 1973, but formal records of accumulation and use were not
required or if required, are unavailable or incomplete, or the
sick leave was subject to administrative limitations on total
accumulation or transfer between public employers, accumulated
unused sick leave for periods before July 1, 1973, may be
considered as equal to 2.675 hours for each full month worked or
an amount per month equal to the average monthly accumulation by
an employee during the period beginning July 1, 1973, and ending
at the time of retirement, whichever amount is greater, but
reduced by the amount of any accumulated unused sick leave
credited to the employee on July 1, 1973.
' (g) The written certification of a member or former member of
the Legislative Assembly shall constitute a formal record of
accumulation and use in determining the amount of accumulated
unused sick leave of an employee of the Legislative Assembly,
either of its houses or any of its committees or officers for
periods of employment before July 1, 1981. Sick leave accumulated
on and after July 1, 1981, by employees of the Legislative
Assembly, either of its houses or any of its committees or
officers may be considered only to the extent it is supported by
records of accumulation and use maintained by the Legislative
Administration Committee, or any statutory, standing, special or
interim committee of the Legislative Assembly or either house
thereof, or any constitutional or statutory office of the
Legislative Assembly or either house thereof, pursuant to a plan
adopted formally by the committee or officer.
' (3)(a) As used in this subsection, 'legislative employee '
means any person employed by the Legislative Assembly, either of
its houses or any of its committees or officers, but does not
include a regular employee of a statutory committee or statutory
office of the Legislative Assembly described in ORS 173.005 (1).
' (b) Upon the request of a retiring legislative employee who
is a member of the system, and the request of the public employer
of the legislative employee, that the legislative employee be
compensated for accumulated unused vacation with pay for periods
of legislative employment in the form of increased retirement
benefits upon service or disability retirement, the board shall
add to the gross amount of salary used in determining final
average salary of the legislative employee the monetary value of
one-half of the accumulated unused vacation with pay of the
legislative employee and shall establish the benefits of the
legislative employee on the basis of a final average salary
reflecting that addition.
' (c) Accumulated unused vacation with pay may be considered
for the purposes of paragraph (b) of this subsection only in
accordance with the following requirements:
' (A) Vacation not credited at the rate actually provided by
the public employer may not be considered.
' (B) Amounts of vacation exceeding amounts creditable to
employees in the classified service of the state service pursuant
to ORS 240.515 (1), and rules adopted pursuant thereto, in effect
on June 30, 1981, shall not be considered.
' (C) Vacation accumulated before, on and after July 1, 1981,
may be considered only to the extent it is supported by records
of accumulation and use pursuant to a plan adopted formally by
the public employer. However, the written certification of a
member or former member of the Legislative Assembly shall
constitute a formal record of accumulation and use in determining
the amount of accumulated unused vacation of a legislative
employee for periods of legislative employment before July 1,
1981.
' (4) Employers with plans providing payments on account of
sickness in lieu of sick leave with pay may request the board to
consider the monetary value of accumulated unused payments on
account of sickness as if such payments were an equivalent amount
of accumulated unused sick leave with pay under the same terms
and conditions specified in subsections (1) and (2) of this
section.
' { + SECTION 61. + } ORS 240.205 is amended to read:
' 240.205. The unclassified service shall comprise:
' (1) One executive officer and one secretary for each board or
commission, the members of which are elected officers or are
appointed by the Governor.
' (2) The director of each department of state government, each
full-time salaried head of a state agency required by law to be
appointed by the Governor and each full-time salaried member of a
board or commission required by law to be appointed by the
Governor.
' (3) The administrator of each division within a department of
state government required by law to be appointed by the director
of the department with the approval of the Governor.
' (4) Principal assistants and deputies and one private
secretary for each executive or administrative officer specified
in ORS 240.200 (1) and in subsections (1) to (3) of this section.
' Deputy' means the deputy or deputies to an executive or
administrative officer listed in subsections (1) to (3) of this
section who is authorized to exercise that officer's authority
upon absence of the officer. 'Principal assistant' means a
manager of a major agency organizational component who reports
directly to an executive or administrative officer listed in
subsections (1) to (3) of this section or deputy and who is
designated as such by that executive or administrative officer
with the approval of the Director of the Oregon Department of
Administrative Services.
' (5) Employees in the Governor's office and the principal
assistant and private secretary in the Secretary of State's
division.
' (6) The { - deans, professors - } { + director + },
principals, instructors and teachers in { - facilities - }
{ + schools + } operated under ORS 346.010.
' (7) Apprentice trainees only during the prescribed length of
their course of training.
' (8) Licensed physicians and dentists employed in their
professional capacities and student nurses, interns, and patient
or inmate help in state institutions.
' (9) Lawyers employed in their professional capacities.
' (10) All members of the Oregon State Police appointed under
ORS 181.250 and 181.265.
' (11) Deputy superintendents and associate superintendents in
the Department of Education.
' (12) Temporary seasonal farm laborers engaged in single
phases of agricultural production or harvesting.
' (13) Any individual employed and paid from federal funds
received under the Emergency Job and Unemployment Assistance Act
of 1974 (United States Public Law 93-567) or any other federal
program intended primarily to alleviate unemployment. However,
persons employed under this subsection shall be treated as
classified employees for purposes of ORS 243.650 to 243.782.
' (14) Managers, department heads, directors, producers and
announcers of the state radio and television network.
' (15) Employees, including managers, of the foreign trade
offices of the Economic and Community Development Department
located outside the country.
' (16) Any other position designated by law as unclassified.
' { + SECTION 62. + } ORS 240.240 is amended to read:
' 240.240. (1) The unclassified service or, except as provided
in ORS 240.250, the management service shall not be subject to
this chapter, except that employees and officers in the
unclassified or management service shall be subject to the laws,
rules and policies pertaining to any type of leave with pay
except as otherwise provided in subsections (4) and (5) of this
section, and shall be subject to the laws, rules and policies
pertaining to salary plans except as otherwise provided in
subsections (3) and (5) of this section.
' (2) With regard to any unclassified or management service
position for which the salary is not fixed by law, and except as
otherwise provided in subsections (3) and (5) of this section,
the Personnel Division shall adopt a salary plan which is
equitably applied to various categories in the unclassified or
management service and is in reasonable conformity with the
general salary structure of the state. The division shall
maintain this unclassified and management salary plan in
accordance with the procedures established for the classified
salary plan as provided in ORS 240.235.
' (3) The Secretary of State and the State Treasurer, for the
purpose of maintaining a salary plan for unclassified and
management service positions in their departments, may request
the advice and assistance of the division.
' (4) With regard to unclassified instructors and teachers
under annual teaching contracts for an academic year in
{ - facilities - } { + schools + } operated under ORS
346.010, arrangements for leave with pay shall be established by
the Department of Education.
' (5) With regard to unclassified positions in the Economic and
Community Development Department's foreign offices, the salary
plan and arrangements for leave with pay shall be established by
the Director of the Economic and Community Development
Department.
' { + SECTION 63. + } ORS 326.603 is amended to read:
' 326.603. (1)(a) A school district shall send to the
Department of Education for purposes of a criminal records check
any information, including fingerprints, for each person
described in ORS 181.539 (1)(d), (e), (f), (h) or (i).
' (b) A private school may send to the Department of Education
for purposes of a criminal records check any information,
including fingerprints, for each person described in ORS 181.539
(1)(d), (e), (f) or (h).
' (2) The Department of Education shall request that the
Department of State Police conduct a criminal records check as
provided in ORS 181.534 and may charge the district or private
school a fee as established by rule under ORS 181.534. The school
district or private school may recover its costs or a portion
thereof from the person described in ORS 181.539 (1)(d), (e),
(f), (h) or (i). If the person described in ORS 181.539 (1)(e),
(f) or (i) requests, the district shall and a private school may
withhold the amount from amounts otherwise due the person,
including a periodic payroll deduction rather than a lump sum
payment.
' (3)(a) If the Superintendent of Public Instruction informs
the school district that the person has been convicted of a crime
listed in ORS 342.143 or has made a false statement as to the
conviction of a crime, the superintendent shall notify the school
district of the fact and the district shall not employ or
contract with the person. Notification by the superintendent that
the school district shall not employ or contract with the person
shall remove the person from any school district policies,
collective bargaining provisions regarding dismissal procedures
and appeals and the provisions of ORS 342.805 to 342.937.
' (b) The Superintendent of Public Instruction shall notify the
private school if the person has been convicted of a crime listed
in ORS 342.143 or has made a false statement as to the conviction
of a crime. Based on the notice, the private school may choose
not to employ or contract with the person.
' (4) If a person described in subsection (1) of this section
refuses to consent to the criminal records check or refuses to be
fingerprinted or if the person falsely swears to the
nonconviction of a crime, the district shall terminate the
employment or contract status of the person. Termination under
this subsection removes the person from any school district
policies, collective bargaining provisions regarding dismissal
procedures and appeals and the provisions of ORS 342.805 to
342.937.
' (5) A school district may not hire or continue to employ or
contract with or allow the contractor to continue to assign a
person to the school project if the person described in
subsection (1) of this section has been convicted of a crime
according to the provisions of ORS 342.143.
' (6) As used in this section and ORS 326.607:
' (a) 'Private school' means a school that provides educational
services as defined in ORS 345.505 and is registered as a private
school under ORS 345.505 to 345.575.
' (b) 'School district' means:
' (A) A school district as defined in ORS 330.003.
' (B) The Oregon { - State - } School for the Blind.
' (C) The Oregon { - State - } School for the Deaf.
' (D) An educational program under the Youth Corrections
Education Program.
' (E) A public charter school as defined in ORS 338.005.
' (F) An education service district.
' { + SECTION 64. + } ORS 329.489 is amended to read:
' 329.489. (1) Within the State of Oregon's kindergarten
through grade 12 education system, proficiency for students in
American Sign Language shall be in accordance with rules adopted
by the State Board of Education pursuant to ORS chapter 329 and
any other applicable state or federal law.
' (2) The State Board of Education is encouraged to continue
to:
' (a) Coordinate with the State Board of Higher Education and
the Oregon { - State - } School for the Deaf to develop
curricula for American Sign Language courses;
' (b) Implement programs to locate and prepare qualified
teachers and interpreters of American Sign Language; and
' (c) Assist public high schools in identifying local and
regional needs and resources available for American Sign Language
courses.
' { + SECTION 65. + } ORS 336.790 is amended to read:
' 336.790. As used in ORS 336.790 to 336.815, unless the
context requires otherwise:
' (1) 'Commercial driver training school' means a school
operated by a person issued a commercial driver training school
certificate by the Department of Transportation under ORS
822.515.
' { - (2) 'Facility' means any facility for the deaf operated
under ORS 346.010. - }
' { - (3) - } { + (2) + } 'Private school' means a private
or parochial high school.
' { - (4) - } { + (3) + } 'Public school' means a common or
union high school district, education service district
{ - and - } { + , + } a community college district { + and the
Oregon School for the Deaf + }.
' { + SECTION 66. + } ORS 336.800 is amended to read:
' 336.800. (1) Any private school, public school { - ,
facility - } or commercial driver training school may offer a
course in traffic safety education. The curriculum for the
traffic safety education course shall be established by the
Department of Transportation under ORS 802.345.
' (2) A person employed to teach a traffic safety education
course must meet qualifications established by the department
under ORS 802.345.
' { + SECTION 67. + } ORS 336.805 is amended to read:
' 336.805. (1) Each public school { - or facility - }
offering a course in traffic safety education may charge tuition
therefor and shall keep accurate records of the cost thereof in
the manner required under rules adopted by the Department of
Transportation under ORS 802.345. As provided in ORS 336.810,
each public school
{ - or facility - } shall be reimbursed $210 per pupil
completing the course, including any private school pupil
completing the course in a public school { - or facility - } .
' (2) If funds available to the Department of Transportation
for the Student Driver Training Fund are not adequate to pay all
approved claims in full, public schools { - and facilities - }
shall receive a pro rata reimbursement based upon the ratio that
the total amount of funds available bears to the total amount of
funds required for maximum allowable reimbursement.
' (3) Tuition authorized by subsection (1) of this section
shall not exceed the cost to the public school { - or
facility - } of providing traffic safety education less the
state reimbursement. Tuition may be reduced or waived by a
public school { - or facility - } for low income pupils.
' (4) A public school may also offer a traffic safety education
course to pupils in neighboring public schools that do not offer
traffic safety education.
' (5) Each public school { - and facility - } offering a
course in traffic safety education shall adopt written policies
and procedures regarding reduced or waived tuition for low income
pupils.
' (6) Each public school offering a course in traffic safety
education shall adopt written policies and procedures for the
admission of pupils from neighboring public schools.
' { + SECTION 68. + } ORS 339.370 is amended to read:
' 339.370. As used in this section and ORS 339.372 and 339.375:
' (1) 'Abuse' has the meaning given that term in ORS 419B.005.
' (2) 'Disciplinary records' means the records related to a
personnel discipline action or materials or documents supporting
that action.
' (3) 'Education provider' means:
' (a) A school district as defined in ORS 332.002.
' (b) The Oregon { - State - } School for the Blind.
' (c) The Oregon { - State - } School for the Deaf.
' (d) An educational program under the Youth Corrections
Education Program.
' (e) A public charter school as defined in ORS 338.005.
' (f) An education service district as defined in ORS 334.003.
' (g) Any state-operated program that provides educational
services to kindergarten through grade 12 students.
' (h) A private school.
' (4) 'Law enforcement agency' has the meaning given that term
in ORS 419B.005.
' (5) 'Private school' means a school that provides educational
services as defined in ORS 345.505 to kindergarten through grade
12 students.
' (6) 'School board' means the governing board or governing
body of an education provider.
' (7) 'School employee' means an employee of an education
provider.
' { + SECTION 69. + } ORS 339.860 is amended to read:
' 339.860. (1) Any person other than a student at the Oregon
{ - State - } School for the Deaf or the Oregon
{ - State - } School for the Blind upon successful completion
of an educational program at elementary or secondary level at a
state institution shall receive a diploma evidencing such
completion issued by the common or union high school district in
which the person last resided prior to commitment to the state
institution.
' (2) All educational records for the person shall be sent to
the common or union high school district issuing the diploma. The
school district may make a transcript of such records available
upon request in the same manner and in the same form as it makes
any other transcript available and shall not therein indicate
that any of the educational program was completed in any state
institution.
' { + SECTION 70. + } ORS 343.236 is amended to read:
' 343.236. (1) The Superintendent of Public Instruction may
provide special education on a local, county or regional basis
without regard to county boundaries in all areas of the state for
children who have:
' (a) A visual impairment;
' (b) A hearing impairment;
' (c) Blindness or deafness, or both;
' (d) An orthopedic impairment;
' (e) Autism; or
' (f) Traumatic brain injury.
' (2) The Superintendent of Public Instruction may operate and
administer a local, county or regional program of special
education or the superintendent may contract for the operation
and administration of the program with a school district or an
education service district.
' (3) The State Board of Education by rule shall establish
eligibility criteria and educational standards for the programs
described in subsection (1) of this section and those programs in
{ - facilities - } { + schools + } operated under ORS
346.010.
' (4) A school district which contracts to provide a program
under this section shall be paid for the state-approved program
as determined and funded by the Legislative Assembly. Contracting
school districts are authorized to negotiate supplemental
programs with participating school districts.
' { + SECTION 71. + } ORS 346.010 is amended to read:
' 346.010. (1) Pursuant to rules of the State Board of
Education, the Superintendent of Public Instruction shall provide
free training and education services { + in schools located in
Marion County + } for { - deaf or blind children, or children
who are both deaf and blind, in facilities located in Marion
County - } { + children who are blind or deaf + }.
' (2) The Superintendent of Public Instruction shall indicate
which { - facilities - } { + school + } shall serve as
{ - the school for the deaf and - } the { + Oregon + } School
for the Blind { + and which school shall serve as the Oregon
School for the Deaf + }.
' { + (3) + } The superintendent may order a change in all or
part in the purpose and use of { - facilities - } { +
schools + } available under this section whenever the
superintendent determines that a change in purpose and use will
better enable the state to meet its responsibilities for the
education and training of { - deaf or blind children, or
children who are both deaf and blind - } { + children who are
blind or deaf + }.
' { - (3) - } { + (4) + } The { - facilities - } { +
schools + } shall be operated primarily for the provision of
education and training services for children { - with sensory
disabilities - } { + who are blind or deaf + } who cannot be
efficiently served { - under the provisions of ORS chapter
343 - } { + in other schools or programs + }.
' { + (5) The Board of Directors of the Oregon School for the
Blind or the Board of Directors of the Oregon School for the Deaf
may appeal any decision of the Superintendent of Public
Instruction made under this section to the State Board of
Education. An appeal under this subsection must be filed with the
State Board of Education within 60 days of the date of the
decision by the superintendent. The State Board of Education may
uphold, modify or overturn any decision of the superintendent
under this section. + }
' { + SECTION 72. + } { + Notwithstanding ORS 346.010 (5),
the Board of Directors of the Oregon School for the Blind or the
Board of Directors of the Oregon School for the Deaf may appeal
any decision of the Superintendent of Public Instruction made
under ORS 346.010 on or after January 1, 2007, to the State Board
of Education if the appeal is filed with the State Board of
Education within 60 days after the date of the first meeting of
the board of directors making the appeal. + }
' { + SECTION 73. + } ORS 346.015 is amended to read:
' 346.015. (1) Prior to convening a meeting to prepare an
individual education plan for a mentally retarded or
developmentally disabled child for whom placement at a school
under ORS 346.010 may be considered, the agency that is providing
the education for the child shall notify the local community
mental health and developmental disabilities program. The
mentally retarded and developmentally disabled program mental
health case manager in consultation with the Department of Human
Services shall evaluate whether the child also has needs for
alternative residential care or other support services. If the
evaluation determines this to be the case, but documents that
community resources are not available to meet these needs, the
school district may proceed with the meeting to prepare the
individual education plan in which placement at a school under
ORS 346.010 may be considered.
' (2) An agency providing education under subsection (1) of
this section may initiate the procedure in subsection (1) of this
section for any child who is not mentally retarded or
developmentally disabled when in the agency's judgment a
treatment or residential issue is prompting proposed placement
under ORS 346.010.
' (3) No child shall be placed in a { - facility - }
{ + school + } operated under ORS 346.010 unless the district
superintendent or the superintendent's designee has signed a
statement declaring that the district cannot provide a free
appropriate public education for the child commensurate with the
needs of the child as identified by the individual education plan
of the child and that the { - facility - } { + school + } is
the least restrictive environment in which the child can be
educated.
' (4) By rule, the State Board of Education shall determine
procedures to be followed by local education agencies in carrying
out this section.
' { + SECTION 74. + } ORS 346.017 is amended to read:
' 346.017. (1) Notwithstanding ORS 346.015, the Superintendent
of Public Instruction may enroll a student in the
{ - facilities - } { + schools + } operated under ORS 346.010
if the student is not a resident of Oregon. However, priority for
enrollment at the
{ - facilities - } { + schools + } shall be given to students
who are residents of Oregon.
' (2) The superintendent may charge tuition and fees to any
student who is enrolled under this section.
' (3) A student who is enrolled under this section
{ - shall - } { + is + } not { - be - } considered a
resident of any school district based on the enrollment and
attendance at the { - facility - } { + school + }.
' { + SECTION 75. + } ORS 346.019 is amended to read:
' 346.019. (1) There is established an Educational Facilities
Fund, separate and distinct from the General Fund. All tuition
and fees collected under ORS 346.017 and all expenses incurred in
the administration of ORS 346.017 shall be deposited to and borne
by the fund. Interest earned by the fund shall be credited to the
fund.
' (2) The moneys in the fund are appropriated continuously to
the { - Superintendent of Public Instruction - } { +
Department of Education + } for purposes of the
{ - facilities - } { + schools + } operated under ORS 346.010.
' { + SECTION 76. + } ORS 346.020 is amended to read:
' 346.020. (1) The Superintendent of Public Instruction shall
prescribe the course of instruction for students enrolled in
{ - facilities - } { + schools + } operated under ORS
346.010. The State Board of Education shall determine the
procedures for placement, development of services and operation
of the schools in conformance with state and federal laws
relating to children who are eligible for special education and
shall adopt the procedures by rule.
' (2) { + In consultation with the Board of Directors of the
Oregon School for the Deaf or the Board of Directors of the
Oregon School for the Blind, as appropriate, + } the
Superintendent of Public Instruction shall select { + a director
for each school. The superintendent may also select + } teachers
and other personnel necessary to manage the { - facilities - }
{ + schools + } in an effective and efficient manner { + or
may delegate the selection of teachers and other personnel to the
director of the school + }. { - The superintendent shall also
designate a well-qualified person or persons to assist in the
administration of these facilities. The superintendent shall
designate which positions shall serve as supervisors of these
educational services and facilities; these designated positions
shall be in the unclassified service. - }
' (3) The Superintendent of Public Instruction shall have
control over persons enrolled in { - these facilities - }
{ + the schools + } and shall direct their care and promote
their mental, moral and physical welfare.
' { + (4) The Board of Directors of the Oregon School for the
Blind or the Board of Directors of the Oregon School for the Deaf
may appeal a decision of the Superintendent of Public Instruction
to the State Board of Education if the decision was made under
subsection (2) of this section and relates to the selection or
dismissal of the director of a school. An appeal under this
subsection must be filed with the State Board of Education within
60 days of the date of the decision by the superintendent. The
State Board of Education may uphold, modify or overturn any
decision of the superintendent under this section. + }
' { + SECTION 77. + } ORS 346.030 is amended to read:
' 346.030. Application for admission to { - facilities - }
{ + the schools + } operated under ORS 346.010 shall be made to
the Department of Education. Application shall be made on forms
which are provided by the department.
' { + SECTION 78. + } ORS 346.041 is amended to read:
' 346.041. (1) Transportation for pupils attending
{ - facilities - } { + schools + } under ORS 346.010 is the
responsibility of the pupil's resident school district. The
district may provide transportation directly or by agreement with
another school district, a public carrier or the Department of
Education.
' (2) The actual and necessary transportation expenses incurred
under subsection (1) of this section, at a frequency consistent
with a pupil's individual education plan, shall be considered
{ - pupil transportation by the district for purposes of ORS
327.035 (1989 Edition) - } { + approved transportation costs
for purposes of ORS 327.006 and 327.033 + }.
' (3) The resident school district shall reimburse the
Department of Education for all transportation costs the
department incurs on behalf of the district within 10 days after
receipt of the itemized invoice.
' (4) The payments of the resident school districts required
under subsection (3) of this section and an amount specifically
appropriated thereto shall be deposited in the State Treasury to
the credit of the Special Education Transportation Revolving
Account to be used by the Department of Education for the
transportation of pupils attending { - facilities - } { +
schools + } under ORS 346.010. The account shall be continuously
appropriated { + to the department + }for such purpose.
' (5) Any unexpended and unobligated balance in the Special
Education Transportation Revolving Account in excess of $70,000
as of September 1 of any year shall be transferred from the
account to the General Fund to be available for general
governmental purposes.
' { + SECTION 79. + } ORS 346.047 is amended to read:
' 346.047. The State Board of Education may receive, take and
hold property, both real and personal for any { - facility - }
{ + school + } operated under ORS 346.010 and may sell,
transfer, assign, allot, set over or convey the property pursuant
to legislative authority.
' { + SECTION 80. + } ORS 346.055 is amended to read:
' 346.055. (1) When the { - Superintendent of Public
Instruction - } { + Department of Education + } has in
possession or under control { + , + } in a bank account or
otherwise, funds that are the property of the students enrolled
in { - facilities - } { + schools + } operated under ORS
346.010 or that have been deposited for their use or for
expenditure in their behalf { + , the department + } shall
deposit such funds, as they are received, together with any such
funds as heretofore have accumulated, with the State Treasurer as
a trust account, separate and distinct from the General Fund.
Interest earned by the account shall be credited to the account.
' (2) { - The word 'funds' - } As used in this section { + ,
' funds' includes but is not + } { - shall include, but shall
not be - } limited to { - , - } moneys deposited with the
{ - superintendent - } { + department + } for medical care or
assistance of students, moneys derived from athletic activities,
contributions for athletic, health, or recreation projects, and
any other moneys received by the { - superintendent - }
{ + department + } that are not required by law to be credited
to other state funds or accounts.
' (3) The { - Superintendent of Public Instruction or
designee - } { + department + } is authorized to receive any of
the funds referred to in this section. The State Treasurer shall
carry such funds in separate accounts for such
{ - institutions - } { + schools + }, but { - shall - }
{ + may + } not credit such funds or any part thereof to any
state fund for governmental purposes.
' (4) Disbursements from the accounts for the purposes for
which the contributions or payments were made, and for payment to
persons lawfully entitled thereto, may be made by the
{ - Superintendent of Public Instruction or designee - } { +
department + }, by checks or orders drawn upon the State
Treasurer. The
{ - superintendent - } { + department + } shall be
accountable for the proper handling of the accounts.
' { + SECTION 81. + } ORS 346.080 is amended to read:
' 346.080. The Department of Education shall give the notice
required by ORS 332.554 to all classified employees of the Oregon
{ - State - } School for the Deaf and the Oregon
{ - State - } School for the Blind in the same manner and to
the same effect as notice given under ORS 332.554.
' { + SECTION 82. + } ORS 351.117 is amended to read:
' 351.117. (1) If the State Board of Higher Education
determines that enrollment is sufficient to make an American Sign
Language class economically viable and if qualified instructors
are available, the board may offer to students courses for credit
in American Sign Language at any institution of higher education
within the Oregon University System. Such courses shall satisfy
any second language elective requirement.
' (2) The State Board of Higher Education is encouraged to
continue to:
' (a) Coordinate with the State Board of Education and the
Oregon { - State - } School for the Deaf to develop curricula
for American Sign Language courses;
' (b) Implement programs to locate and prepare qualified
teachers and interpreters of American Sign Language; and
' (c) Assist institutions of higher education in identifying
local and regional needs and resources available for American
Sign Language courses.
' { + SECTION 83. + } ORS 656.135 is amended to read:
' 656.135. (1) As used in this section 'school' means the
Oregon { - State - } School for the Deaf or the Oregon
{ - State - } School for the Blind.
' (2) All persons participating as trainees in a work
experience program of a school in which such persons are enrolled
are considered as workers of the school subject to this chapter
for purposes of this section.
' (3) On behalf of a school conducting a work experience
program, the Department of Education shall submit a written
statement to the State Accident Insurance Fund Corporation that
includes a description of the work to be performed by such
persons.
' (4) Upon receiving the written statement, the corporation may
fix assumed wage rates for the persons enrolled in the work
experience program, without regard to ORS chapter 652 or ORS
653.010 to 653.545 and 653.991, which may be used only for
purposes of computations under this chapter.
' (5) The Department of Education shall furnish the corporation
with a list of the names of those enrolled in work experience
programs in the schools and shall notify the corporation of any
changes therein. Only those persons whose names appear on such
list prior to their personal injury by accident are entitled to
the benefits of this chapter and they are entitled to such
benefits if injured as provided in ORS 656.156 and 656.202 while
performing any duties arising out of and in the course of their
participation in the work experience program, provided the duties
being performed are among those:
' (a) Described on the application of the department; and
' (b) Required of similar full-time paid employees.
' (6) The filing of claims for benefits under this section is
the exclusive remedy of a trainee or beneficiary of the trainee
for injuries compensable under this chapter against the state,
the school, the department, its officers and employees, or any
employer, regardless of negligence.
' (7) The provisions of this section shall be inapplicable to
any trainee who is earning wages for such employment.
' { + SECTION 84. + } { + (1) For the purpose of harmonizing
and clarifying statute sections published in Oregon Revised
Statutes, the Legislative Counsel may substitute for words
designating the ' Oregon State School for the Deaf,' wherever
they occur in Oregon Revised Statutes, other words designating
the 'Oregon School for the Deaf. '
' (2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the 'Oregon State
School for the Blind,' wherever they occur in Oregon Revised
Statutes, other words designating the 'Oregon School for the
Blind.' + }
' { + SECTION 85. + } { + 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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