74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 23
 
LC 3120/SB 23-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 23
 
        By COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
 
                            April 10
 
  On page 4 of the printed bill, delete lines 21 through 45 and
insert:
  '  { +  SECTION 6. + } ORS 340.045 is amended to read:
  ' 340.045. (1) An eligible student enrolled in an eligible
post-secondary course at an eligible post-secondary institution
pursuant to ORS 340.030 shall continue to be considered a
resident pupil of the student's school district for purposes of
calculation of the State School Fund grant under ORS 327.006 to
327.133, 327.348, 327.355, 327.357, 327.360 and 327.731.
  '  { +  (2) The amount of each school district's general
purpose grant per extended ADMw as calculated under ORS 327.013
shall be determined each fiscal year by the Department of
Education and made available to all school districts and, upon
request, to any eligible post-secondary institution. + }
  '  { - (2) - }   { + (3) + } A school district  { + and any
eligible post-secondary institution that accepts a student for
enrollment in an eligible post-secondary course pursuant to ORS
340.030 + } shall negotiate  { + in good faith + } a financial
agreement   { - with any eligible post-secondary institution that
accepts a student for enrollment in an eligible post-secondary
course pursuant to ORS 340.030 - }  for the payment of actual
 { - tuition, fees and other required - }  instructional costs
associated with the enrollment of the  { + eligible + } student
in eligible post-secondary courses { + , including tuition and
fees and the costs of textbooks, equipment and materials + }.
  '  { - (3)(a) The amount of each school district's general
purpose grant per extended ADMw as calculated under ORS 327.013
shall be determined each fiscal year by the Department of
Education and made available to all school districts and, upon
request, to any eligible post-secondary institution. - }
  '  { - (b) Each fiscal year, a school district shall expend per
student participating in the Expanded Options Program a minimum
of 50 percent of the school district's general purpose grant per
extended ADMw. Expenditures that qualify under this paragraph
include amounts expended on tuition, fees, textbooks, equipment
and materials required for an eligible post-secondary course. - }
 
  '  { - (c) A school district may request a waiver from the
Superintendent of Public Instruction or the superintendent's
designee of the requirements of paragraph (b) of this subsection.
The superintendent or the superintendent's designee shall grant
the waiver if: - }
  '  { - (A) Compliance with the requirements of paragraph (b) of
this subsection would cause the school district extreme financial
distress; or - }
  '  { - (B) The school district offers dual credit technical
preparation programs, such as two-plus-two programs, advanced
placement or International Baccalaureate programs and other
accelerated college credit programs, and: - }
 
  '  { - (i) The programs offered by the school district serve
all qualified applicants; and - }
  '  { - (ii) There are no charges to at-risk students. - }
  '  { +  (4) As part of the negotiated financial agreement, an
eligible post-secondary institution shall provide the school
district with the published refund policy for eligible students
who do not complete eligible post-secondary courses in which the
students enroll and do not earn credit.
  ' (5) If, after participating in good faith negotiations, a
school district and an eligible post-secondary institution are
unable to agree on the payment of actual instructional costs as
described in subsection (3) of this section, either entity may
appeal to the department for a determination of whether the
negotiations were conducted in good faith.
  ' (6) The department shall develop a process and criteria to
use for appeals.
  ' (7)(a) If the department determines that the negotiations
were not conducted in good faith by either the school district or
the eligible post-secondary institution, the department shall
order the school district and the eligible post-secondary
institution to conduct the negotiations again.
  ' (b) If the department determines that the negotiations were
conducted in good faith by the school district and the eligible
post-secondary institution, the department shall grant the school
district a waiver under section 10 of this 2007 Act from
participating in the Expanded Options Program with the eligible
post-secondary institution with which the school district was
negotiating.
  ' (8) The decision of the department shall be binding on the
school district and the eligible post-secondary institution. + }
  '  { - (4) - }  { +  (9) + } In addition to any financial
agreement entered into under subsection   { - (2) - }
 { + (3) + } of this section, the resident school district of the
eligible student shall enter into an agreement with an eligible
post-secondary institution that accepts a student for enrollment
in an eligible post-secondary course that is a nontuition course
or noncredit course pursuant to ORS 340.030 for the payment of
the actual instructional costs associated with the student's
attending the eligible post-secondary course at the institution.
  '  { - (5) - }   { + (10) + } Nothing in this section shall
prohibit an eligible post-secondary institution from receiving
additional state funding that may be available under any other
law.'.
  On page 5, delete lines 1 through 27.
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