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 2803
 
                         Senate Bill 686
 
Sponsored by Senator PROZANSKI (at the request of Dean
  Livelybrooks)
 
 
                             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 as
introduced.
 
  Defines 'private alternative education program' for purposes of
laws applicable to alternative education programs.
  Allows resident school district with approval of parent or
guardian and attending district to enroll student in alternative
education program.
  Declares emergency, effective July 1, 2007.
 
                        A BILL FOR AN ACT
Relating to alternative education programs; creating new
  provisions; amending ORS 336.615 and 336.635; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 336.615 is amended to read:
  336.615. As used in ORS 336.615 to 336.665  { - , - }  { + :
  (1) + } 'Alternative education program' means a school or
separate class group designed to best serve students' educational
needs and interests and assist students in achieving the academic
standards of the school district and the state.
   { +  (2) 'Private alternative education program' means an
alternative education program that accepts tuition payments from
50 percent or more of the parents and guardians of students who
attend the program. + }
  SECTION 2. ORS 336.635 is amended to read:
  336.635. (1) When necessary to meet a student's educational
needs and interests, the  { + resident school district of a
student with the approval of the  + }parent or guardian
 { - with the approval of the resident district - }  and the
attending district may enroll the student in one of the proposed
appropriate and accessible public alternative education programs
or private alternative education programs of instruction or
instruction combined with counseling registered with the
Department of Education. If the child is determined to be
eligible for special education under ORS 343.221 to 343.236 and
343.261 to 343.295, the program must be approved by the
Department of Education prior to the placement of the student in
the program. A student enrolled pursuant to this subsection or
enrolled in an alternative education program on or after July 1,
1995, because the student's educational needs and interests are
best met through participation in such a program shall be
 
considered enrolled in the schools of the district for purposes
of the distribution of the State School Fund.
  (2) The alternative education program in which the student
enrolls   { - with the districts' approval shall notify the
school district in which the student or the student's parents or
legal guardian, if any, resided at the time the student enrolled
of the child's enrollment and - }  may bill the  { + resident + }
school district for tuition. The billing may be made annually or
at the end of each term or semester of the alternative education
program. For each full-time equivalent student enrolled in the
alternative education program, the school district shall pay the
actual cost of the program or an amount at least equivalent to 80
percent of the district's estimated current year's average per
student net operating expenditure, whichever is lesser, in
accordance with rules adopted by the State Board of Education.
The alternative education program shall be accountable for the
expenditures of all State School Fund and other local school
support moneys, providing the school district with an annual
statement of such expenditures.
  (3) A private alternative education program that is registered
with the Department of Education is not required to employ only
licensed teachers or administrators. Teachers and administrators
in such private programs shall not be considered employees of any
district for purposes of ORS 342.173.
  (4) A school district is not required to provide a public
alternative education program if there are public or approved
private alternative education programs that are appropriate and
accessible to the student to which a student can be referred.
  (5) Any Oregon teaching license is valid for teaching all
subjects and grade levels in an alternative education program
operated by a school district or education service district.
  SECTION 3.  { + The amendments to ORS 336.615 and 336.635 by
sections 1 and 2 of this 2007 Act first apply to the 2007-2008
school year. + }
  SECTION 4.  { + 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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