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 3120
A-Engrossed
Senate Bill 23
Ordered by the Senate April 10
Including Senate Amendments dated April 10
Sponsored by Senators WALKER, GORDLY
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.
Modifies definition of 'eligible student' for purposes of
Expanded Options Program. Modifies requirements for notification
of student and student's parent or guardian of program and
duplicate course offerings.
Directs school district and eligible post-secondary institution
to negotiate in good faith financial agreement for payment of
student instructional costs.
Allows public charter schools to participate in program.
Allows school district to request waiver of requirements of
participation in program.
Declares emergency, effective July 1, 2007.
A BILL FOR AN ACT
Relating to Expanded Options Program; creating new provisions;
amending ORS 340.005, 340.015, 340.025, 340.030, 340.037,
340.045 and 340.065; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 340.005 is amended to read:
340.005. For purposes of this chapter:
(1) 'Accelerated college credit program' has the meaning given
that term by rules adopted by the State Board of Education.
(2) 'At-risk student' means:
(a) A student who qualifies for a free or reduced lunch
program; or
(b) An at-risk student as defined by rules adopted by the board
if the board has adopted rules to define an at-risk student.
(3) 'Duplicate course' means a course with a scope that is
identical to the scope of another course.
(4)(a) 'Eligible post-secondary course' means any nonsectarian
course or program offered through an eligible post-secondary
institution if the course or program may lead to high school
completion, a certificate, professional certification, associate
degree or baccalaureate degree.
(b) 'Eligible post-secondary course' does not include a
duplicate course offered at the student's resident school.
(c) 'Eligible post-secondary course' includes:
(A) Academic and professional technical courses; and
(B) Distance education courses.
(5) 'Eligible post-secondary institution' means:
(a) A community college;
(b) A state institution of higher education listed in ORS
352.002; and
(c) The Oregon Health and Science University.
(6)(a) 'Eligible student' means a student who is enrolled in an
Oregon public school and who:
{ + (A) Is 16 years of age or older at the time of enrollment
in a course under the Expanded Options Program; + }
{ - (A) - } { + (B)(i) + } Is in grade 11 or 12 { - or
who is 16 years of age or older - } at the time of enrollment in
a course under the Expanded Options Program; { + or
(ii) Is not in grade 11 or 12, because the student has not
completed the required number of credits, but who has been
allowed by the school district to participate in the program; + }
{ - (B) - } { + (C) + } Has developed an educational
learning plan as described in ORS 340.025; and
{ - (C) - } { + (D) + } Has not successfully completed
{ - four years of high school - } { + the requirements for a
high school diploma as established by ORS 329.451, the State
Board of Education and the school district board + }.
(b) 'Eligible student' does not include a foreign exchange
student enrolled in a school under a cultural exchange program.
(7) 'Expanded Options Program' means the program created under
this chapter.
{ + (8) 'Scope' means depth and breadth of course content as
evidenced through a planned course statement including content
outline, applicable state content standards where appropriate,
course goals and student outcomes. + }
SECTION 2. ORS 340.015 is amended to read:
340.015. (1) Prior to February { - 1 - } { + 15 + } of each
year, each school district shall notify all high school students
and the students' parents or guardians of the Expanded Options
Program { + for the following school year + }.
{ + (2) Notwithstanding subsection (1) of this section, a
school district, in the district's enrollment materials, shall
notify a student and the student's parent or guardian of the
Expanded Options Program if the student enrolls in a school of
the district after the district has issued the notice described
in subsection (1) of this section and the student is:
(a) Transferring to a high school in the district from another
district; or
(b) Returning to high school after dropping out of school. + }
{ - (2) - } { + (3) + } Each school district shall
establish a process to ensure that all at-risk students and their
parents are notified about the Expanded Options Program.
{ + (4) A school district shall notify a high school student
who has officially expressed an intent to participate in the
Expanded Options Program pursuant to ORS 340.025 (1) or (2), and
the student's parent or guardian, of the student's eligibility
status within 20 business days after the student officially
expressed the intent. + }
{ - (3) - } { + (5) + } The State Board of Education shall
establish by rule the required components of the notice. The
notice must include, but not be limited to, information about:
(a) Financial arrangements for tuition, textbooks, equipment
and materials;
(b) Available transportation services;
(c) The effect of enrolling in the Expanded Options Program on
the eligible student's ability to complete the required high
school graduation requirements;
(d) The consequences of failing or not completing an eligible
post-secondary course; { - and - }
(e) The requirement that participation in the Expanded Options
Program is contingent on acceptance by an eligible post-secondary
institution { - . - } { + ; and
(f) School district timelines affecting student eligibility and
duplicate course determinations. + }
SECTION 3. ORS 340.025 is amended to read:
340.025. (1) Prior to { - March 1 - } { + May 15 + } of
each year, a student who is interested in participating in the
Expanded Options Program shall notify the student's resident
school district of the student's intent to enroll in eligible
post-secondary courses during the following school year.
{ + (2) Notwithstanding subsection (1) of this section, a
high school transfer student or returning dropout described in
ORS 340.015 (2) has 20 business days from the date of enrollment
to indicate interest. + }
{ - (2) - } { + (3) + } The resident school district shall
review with the student and the student's parent or guardian the
student's current status toward meeting all state and school
district graduation requirements and the applicability of the
proposed eligible post-secondary course with respect to
fulfilling the student's remaining graduation requirements.
{ - (3)(a) - } { + (4)(a) + } An eligible student who
intends to participate in the Expanded Options Program shall
develop an educational learning plan in cooperation with an
advisory support team.
(b) The educational learning plan may include:
(A) The student's short-term and long-term learning goals and
proposed activities; and
(B) The relationship of the eligible post-secondary courses
proposed under the Expanded Options Program and the student's
learning goals.
(c) An advisory support team may include the student, the
student's parent or guardian and a teacher or a counselor.
SECTION 4. ORS 340.030 is amended to read:
340.030. (1) An eligible student may apply to an eligible
post-secondary institution to enroll in eligible post-secondary
courses offered by the eligible post-secondary institution.
(2) If an eligible post-secondary institution accepts an
eligible student for enrollment under this section pursuant to
ORS 341.505 or other admissions standards, the eligible
post-secondary institution shall send written notice to the
student, the student's resident school district and the
Department of Education within 20 { + business + } days of
acceptance. The notice shall indicate the eligible post-secondary
courses and hours of enrollment offered to the student.
(3) If an eligible post-secondary institution accepts an
eligible student for enrollment under this section, the eligible
post-secondary institution shall provide academic advising to the
student as appropriate.
(4) An eligible post-secondary institution may designate
individual programs in which eligible students may enroll under
this section.
(5)(a) { - If an eligible student wishes to take a course at
an eligible post-secondary institution that a school district
determines is a duplicate course, - } { + Each school district
shall establish a process to determine duplicate course
designations.
(b) A school district shall notify an eligible student and the
student's parent or guardian of any course the student wishes to
take that the district determines is a duplicate course, within
20 business days after the student has submitted a list of
intended courses.
(c)(A) A student may appeal a duplicate course determination to
the school district board based on evidence of the scope of the
course.
(B) The school district board or the board's designee shall
issue a decision on the appeal within 30 business days of receipt
of the appeal.
(C) If the appeal is denied by the school district board, + }
the student may appeal the determination of the school district
to the Superintendent of Public Instruction or the
superintendent's designee.
{ - (b) - } { + (d) + } The Department of Education shall
create a process for students to appeal the decision of a school
district under paragraph { - (a) - } { + (c) + } of this
subsection.
{ - (c) - } { + (e) + } The superintendent or the
superintendent's designee shall issue a decision on the appeal
within 30 days of receipt of the appeal. If the superintendent or
the superintendent's designee fails to issue a decision within 30
days of receipt of the appeal, the course shall be deemed to not
be a duplicate course and the student may enroll in the course
under the Expanded Options Program if the course and the student
meet all other eligibility requirements for the program.
(6) Once participating in the Expanded Options Program, an
eligible student must maintain satisfactory academic progress as
defined by the eligible post-secondary institution.
(7) An eligible post-secondary institution may not be required
to accept a student for enrollment under this section.
SECTION 5. ORS 340.037 is amended to read:
340.037. (1) An eligible student who enrolls in the Expanded
Options Program may not enroll in eligible post-secondary courses
under ORS 340.030 for more than the equivalent of two academic
years. An eligible student who first enrolls in the Expanded
Options Program in grade 12 may not enroll in eligible
post-secondary courses under ORS 340.030 for more than the
equivalent of one academic year. If an eligible student first
enrolls in an eligible post-secondary course in the middle of the
school year, the time of participation shall be reduced
proportionately. If an eligible student is enrolled in a
year-round program and begins each grade in the summer session,
summer sessions are not counted against the time of
participation.
(2) A student who has graduated from high school may not
participate in the Expanded Options Program. { - However, an
eligible student who has completed course requirements for
graduation, but who has not received a diploma, may participate
in the Expanded Options Program. - }
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.
SECTION 7. ORS 340.065 is amended to read:
340.065. (1) A resident school district may provide
transportation services to eligible students who attend eligible
post-secondary institutions within { - the - } { + any
education service district + } boundaries { - of the school
district pursuant to ORS 327.043 - } { + of which the school
district is a component school district + }.
(2) Any transportation costs incurred by a school district
under this section shall be considered approved transportation
costs for purposes of ORS 327.013 (9).
SECTION 8. { + Sections 9 and 10 of this 2007 Act are added to
and made a part of ORS chapter 340. + }
SECTION 9. { + (1) A public charter school may elect to
participate in the Expanded Options Program by amending its
charter under ORS 338.065.
(2) Actual instructional costs associated with participating
eligible students shall be negotiated and paid directly to the
eligible post-secondary institution by the public charter school.
(3) The participating public charter school may not require
funding from the sponsor of the school for payment of Expanded
Options Program costs that is in addition to funding that already
has been contractually established pursuant to ORS 338.155 (2)(b)
or (3)(b) or 338.165 (3)(b). + }
SECTION 10. { + (1) A school district may request a waiver
from the Department of Education of the requirements of this
chapter. The department shall grant the waiver if:
(a) Compliance with the requirements of this chapter would
adversely impact the finances of the school district; 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.
(2) The duration of a waiver granted based on subsection (1)(a)
of this section shall be no more than two school years.
(3) The duration of a waiver granted under subsection (1)(b) of
this section shall be the length of the program that was the
basis for the waiver.
(4) There is no limit on the number of times a school district
may apply for and be granted a waiver under this section. + }
SECTION 11. { + Sections 9 and 10 of this 2007 Act and the
amendments to ORS 340.005, 340.015, 340.025, 340.030, 340.037,
340.045 and 340.065 by sections 1 to 7 of this 2007 Act first
apply to the 2007-2008 school year. + }
SECTION 12. { + 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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