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 1501-1
B-Engrossed
Senate Bill 318
Ordered by the House May 25
Including Senate Amendments dated March 16 and House Amendments
dated May 25
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Commission
on Educational Excellence)
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.
Changes student achievement activities for which school
district or program may use School Improvement Fund grant.
{ + Includes education service districts as recipients of
School Improvement Fund grants and establishes formula for amount
of grants. Requires Department of Education to distribute each
fiscal year 4.75 percent of moneys in School Improvement Fund to
education service districts. Requires education service district
board to expend 100 percent of moneys received on services or
programs approved by component school districts of education
service district. + }
Declares emergency, effective July 1, 2007.
A BILL FOR AN ACT
Relating to student achievement; amending ORS 327.290, 327.294,
327.297 and 334.177; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 327.297 is amended to read:
327.297. (1) In addition to those moneys distributed through
the State School Fund, the Department of Education shall award
grants to school districts, { + education service districts, + }
the Youth Corrections Education Program and the Juvenile
Detention Education Program for activities that relate to
increases in student achievement, including:
{ + (a) Early childhood support including establishing,
maintaining or expanding quality prekindergarten programs and
full-day kindergarten programs; + }
{ - (a) - } { + (b) + } Class size reduction { + with an
emphasis on the reduction of kindergarten through grade three
class sizes + };
{ - (b) - } { + (c) + } Increases in instructional
time { + including summer programs and before- and after-school
programs + };
{ - (c) - } { + (d) Mentoring, teacher retention and + }
professional development;
{ - (d) - } { + (e) + } Remediation { + , + } { - and - }
alternative learning { + and student retention + };
{ - (e) Early childhood support; - }
(f) Services to at-risk youth;
{ - (g) Additional instructional materials; - }
{ - (h) Curriculum and instructional support; - }
{ - (i) Services for English as a second language students;
and - }
{ + (g) Programs to improve a student achievement gap between
student groups identified by culture, poverty, language and race
and other student groups;
(h) Vocational education programs;
(i) Literacy programs; and + }
(j) Other { - activities - } { + research-based student
improvement strategies + } approved by the State Board of
Education { - that are shown to have a relationship to
increasing student achievement - } .
(2) { + (a) + } Each school district, { + each education
service district, + } the Youth Corrections Education Program and
the Juvenile Detention Education Program may apply to the
Department of Education for a grant.
{ + (b) + } The department shall review and approve
applications based on criteria established by the State Board of
Education. In establishing the criteria, the State Board of
Education shall consider the recommendations of the Quality
Education Commission established under Executive Order 99-16 and
the recommendations of the Quality Education Commission
established under ORS 327.500.
{ + (c) + } The applications shall include the activities to
be funded and the goals of the { - school - } district or
program for increases in student performance. The applications
shall become part of the local district improvement plan
described in ORS 329.095.
(3) The Department of Education shall evaluate the annual
progress of each recipient of grant funds under this section
toward the performance targets established by the Quality
Education Commissions { - that have been funded by the
Legislative Assembly - } . The evaluation shall become part of
the requirements of the department for assessing the
effectiveness of the district under ORS 329.085, 329.095 and
329.105. The department shall ensure { - school - } district
and program accountability by providing appropriate assistance,
intervening and establishing consequences in order to support
progress toward the performance targets.
(4) Each biennium the Department of Education shall { + issue
a + } report to the Legislative Assembly on the grant program and
the results of the grant program.
(5)(a) Notwithstanding ORS 338.155 (9), the Department of
Education may not award a grant under this section directly to a
public charter school.
(b) A school district that receives a grant under this section
may transfer a portion of the grant to a public charter school
based on the charter of the school or any other agreement between
the school district and the public charter school.
(c) A public charter school that receives grant funds under
this subsection shall use those funds for the activities
specified in subsection (1) of this section.
(6)(a) The amount of each grant { + for a program or school
district + } = the program's or school district's ADMw X (the
total amount available for { - the - } { + distribution to
programs and school districts as + } grants in each
{ - distribution - } { + fiscal + } year : the total
{ - statewide - } ADMw { + of all programs and school
districts that receive a grant + }).
{ + (b) The amount of each grant for an education service
district = the education service district's ADMw X (the total
amount available for distribution to education service districts
as grants in each fiscal year : the total ADMw of all education
service districts that receive a grant). + }
{ - (b) - } { + (c) + } As used in this subsection
{ - : - } { + , + }
{ - (A) - } 'ADMw' means:
{ - (i) - } { + (A) + } For a school district, the extended
weighted average daily membership as calculated under ORS
327.013, 338.155 (1) and 338.165 (2);
{ - (ii) - } { + (B) + } For the Youth Corrections
Education Program, the average daily membership as defined in ORS
327.006 multiplied by 2.0; { - and - }
{ - (iii) - } { + (C) + } For the Juvenile Detention
Education Program, the average daily membership as defined in ORS
327.006 multiplied by 1.5 { + ; and
(D) For an education service district, the sum of the ADMw of
the component school districts of the education service
district + }.
{ - (B) 'Total statewide ADMw' means the total extended ADMw
of all school districts plus the ADMw of the Youth Corrections
Education Program plus the ADMw of the Juvenile Detention
Education Program. - }
(7) Each { - school - } district or program shall deposit
the grant amounts it receives under this section in a separate
account, and shall apply amounts in that account to pay for
activities described in the district's or program's application.
(8) The State Board of Education may adopt any rules necessary
for the administration of the grant program.
SECTION 2. ORS 327.294 is amended to read:
327.294. (1) There is established the School Improvement Fund,
separate and distinct from the General Fund. Interest earned by
the School Improvement Fund shall be credited to the fund.
{ - Any moneys in the fund that are not distributed by the
Department of Education in any fiscal year shall be retained in
the fund and may be distributed in the next fiscal year. - }
(2) The moneys in the fund are continuously appropriated to the
Department of Education for purposes of the grant program created
by ORS 327.297.
{ + (3) Each fiscal year, the department shall distribute:
(a) 95.25 percent of the moneys in the fund as grants to school
districts, the Youth Corrections Education Program and the
Juvenile Detention Education Program; and
(b) 4.75 percent of the moneys in the fund as grants to
education service districts. + }
SECTION 3. ORS 327.290 is amended to read:
327.290. The Legislative Assembly finds that:
(1) The state has an interest in ensuring that public resources
for primary and secondary schools are used to achieve the
outcomes established under the Oregon Educational Act for the
21st Century in ORS chapter 329.
(2) To achieve that purpose, the School Improvement Fund is
established so the state may support activities directly related
to increases in student achievement while still allowing school
districts { + and education service districts + } flexibility in
determining the specific activities necessary to support
students.
(3) It is the intent of the state in establishing the School
Improvement Fund to link these activities to the recommendations
of the Quality Education Commission established under Executive
Order 99-16 and the recommendations of the Quality Education
Commission established under ORS 327.500.
SECTION 4. ORS 334.177 is amended to read:
334.177. { + (1) + } An education service district board shall
expend at least 90 percent of all amounts received from the State
School Fund and at least 90 percent of all amounts considered to
be local revenues of an education service district, as defined in
ORS 327.019, on services or programs that have been approved by
the component school districts of the education service district
through the resolution process described in ORS 334.175.
{ + (2) An education service district board shall expend 100
percent of all amounts received from the School Improvement Fund
on services or programs that have been approved by the component
school districts of the education service district through the
resolution process described in ORS 334.175. + }
SECTION 5. { + 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. + }
----------