Chapter 39 Oregon Laws 2008 Special Session
AN ACT
SB 1066
Relating to education; creating new provisions; amending ORS 327.008,
342.223, 342.726, 343.401 and 343.404 and section 16, chapter 7, Oregon Laws
2007, and section 5, chapter 395, Oregon Laws 2007; repealing ORS 342.126; and
declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 327.008 is amended to read:
327.008. (1) There is
established a State School Fund in the General Fund. The fund shall consist of moneys
appropriated by the Legislative Assembly and moneys transferred from the
Education Stability Fund. The State School Fund is continuously appropriated to
the Department of Education for the purposes of ORS 327.006 to 327.077,
327.095, 327.099, 327.101, 327.125, 327.137, 327.348, 327.355, 327.357,
327.360, 336.575, 336.580, 336.635, 342.173, 343.243, 343.533 and 343.961.
(2) There shall be
apportioned from the State School Fund to each school district a State School
Fund grant, consisting of the positive amount equal to a general purpose grant
and a facility grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.013.
(3) There shall be
apportioned from the State School Fund to each education service district a
State School Fund grant as calculated under ORS 327.019.
(4) All figures used in
the determination of the distribution of the State School Fund shall be
estimates for the same year as the distribution occurs, unless otherwise specified.
(5) Numbers of students
in average daily membership used in the distribution formula shall be the
numbers as of June of the year of distribution.
(6) A school district
may not use the portion of the State School Fund grant that is attributable to the
facility grant for capital construction costs.
(7) The total amount of
the State School Fund that is distributed as facility grants may not exceed $25
million in any biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall prorate the
amount of funds available for facility grants among those school districts that
qualified for a facility grant.
(8) Each fiscal year,
the Department of Education shall transfer the amount of $18 million from the
State School Fund to the High Cost Disabilities Account established in ORS
327.348.
(9) Each fiscal year,
the Department of Education shall transfer the amount of $2.5 million from the
State School Fund to the Small School District Supplement Fund established in
ORS 327.360.
(10) Each fiscal year,
the Department of Education may expend up to $550,000 from the State School
Fund for the contract described in ORS 329.488. The amount distributed to
education service districts from the State School Fund under this section and
ORS 327.019 shall be reduced by the amount expended by the department under
this subsection.
(11) Each biennium, the
Department of Education may expend up to $800,000 from the State School Fund
for the administration of ORS 326.133 and 326.136.
(12) Each biennium, the
Department of Education may expend up to $350,000 from the State School Fund to
provide administration of and support for the development of
talented and gifted [program under ORS
343.391 to 343.413] education under ORS 343.404.
(13) Each biennium, the
Department of Education may expend up to $150,000 from the State School Fund
for the administration of a program to increase the number of speech-language
pathologists and speech-language pathology assistants under ORS 348.394 to
348.406.
SECTION 2.
ORS 327.008, as amended by section 12, chapter 846, Oregon Laws 2007, is
amended to read:
327.008. (1) There is
established a State School Fund in the General Fund. The fund shall consist of
moneys appropriated by the Legislative Assembly and moneys transferred from the
Education Stability Fund. The State School Fund is continuously appropriated to
the Department of Education for the purposes of ORS 327.006 to 327.077,
327.095, 327.099, 327.101, 327.125, 327.137, 327.348, 336.575, 336.580,
336.635, 342.173, 343.243, 343.533 and 343.961.
(2) There shall be
apportioned from the State School Fund to each school district a State School
Fund grant, consisting of the positive amount equal to a general purpose grant
and a facility grant and a transportation grant and a high cost disabilities
grant minus local revenue, computed as provided in ORS 327.013.
(3) There shall be
apportioned from the State School Fund to each education service district a
State School Fund grant as calculated under ORS 327.019.
(4) All figures used in
the determination of the distribution of the State School Fund shall be
estimates for the same year as the distribution occurs, unless otherwise
specified.
(5) Numbers of students
in average daily membership used in the distribution formula shall be the
numbers as of June of the year of distribution.
(6) A school district
may not use the portion of the State School Fund grant that is attributable to
the facility grant for capital construction costs.
(7) The total amount of
the State School Fund that is distributed as facility grants may not exceed $25
million in any biennium. If the total amount to be distributed as facility
grants exceeds this limitation, the Department of Education shall prorate the amount
of funds available for facility grants among those school districts that
qualified for a facility grant.
(8) Each fiscal year,
the Department of Education shall transfer the amount of $18 million from the
State School Fund to the High Cost Disabilities Account established in ORS
327.348.
(9) Each fiscal year,
the Department of Education may expend up to $550,000 from the State School
Fund for the contract described in ORS 329.488. The amount distributed to
education service districts from the State School Fund under this section and
ORS 327.019 shall be reduced by the amount expended by the department under
this subsection.
(10) Each biennium, the
Department of Education may expend up to $800,000 from the State School Fund
for the administration of ORS 326.133 and 326.136.
(11) Each biennium, the
Department of Education may expend up to $350,000 from the State School Fund to
provide administration of and support for the development of
talented and gifted [program under ORS
343.391 to 343.413] education under ORS 343.404.
(12) Each biennium, the
Department of Education may expend up to $150,000 from the State School Fund
for the administration of a program to increase the number of speech-language
pathologists and speech-language pathology assistants under ORS 348.394 to
348.406.
SECTION 3.
ORS 343.401 is amended to read:
343.401. (1) Except
as provided in ORS 343.404, the funds specifically appropriated for the
program under ORS 343.391 to 343.413 shall be distributed to districts that
have approved, written plans and have submitted an application to the
Superintendent of Public Instruction [which]
that has been approved.
(2) State funds shall be
allocated on an approved program cost basis, the amount of which shall be
established by the State Board of Education annually.
(3) [No application shall be approved by] The
superintendent may not approve an application unless the district agrees
to expend district funds for special educational programs for talented and
gifted children in an amount equal or greater than the amount of state funds
approved by the superintendent.
(4) The districts shall
account for the grant funds as expended for the identified pupils on a form
acceptable to the Department of Education, as described in rules adopted by the
board.
SECTION 4.
ORS 343.404 is amended to read:
343.404. (1) The
Superintendent of Public Instruction may annually expend funds appropriated for
the talented and gifted program to provide administration of and support
for the development of talented and gifted education statewide.
(2) These services may
include:
(a) Teacher training
programs and workshops;
(b) Consultant and
technical assistance to districts;
(c) Small grants to and
contracts with school districts, education service districts, colleges and
universities and private contractors to produce and disseminate curriculum and
instruction materials to other school districts; [and]
(d) Training and
assistance for parents of the talented and gifted children in meeting the
educational needs of their children; and
(e) Contracting for the
creation and administration of regional talented and gifted centers to provide
services related to talented and gifted programs.
[(3) The amount of funds that may be expended for purposes described in
this section shall not exceed 10 percent of the amount appropriated in a
biennium for purposes of ORS 343.391 to 343.413.]
SECTION 5.
ORS 342.726 is amended to read:
342.726. [(1) The Department of Education shall work
in conjunction with voluntary organizations approved to administer
interscholastic activities under ORS 339.430 to develop and implement a program
for kindergarten through grade 12 students of evidence-based education to
prevent the use of anabolic steroids and performance-enhancing substances.]
[(2)] (1) [The
department and] School districts shall include information on anabolic
steroids and performance-enhancing substances, including prevention strategies,
strength-building alternatives and the understanding of health food labels, in
health and physical education curricula for kindergarten through grade 12
students.
[(3)] (2) The Department of Education shall ensure
that school districts are utilizing evidence-based programs such as the
Oregon Health and Science University’s Athletes Training and Learning to Avoid
Steroids (ATLAS) and Athletes Targeting Healthy Exercise and Nutrition
Alternatives (ATHENA), which have demonstrated effectiveness in reducing
anabolic steroid and performance-enhancing substance use by high school
athletes.
[(4)] (3) The department shall work with voluntary
organizations approved to administer interscholastic activities under ORS
339.430 to require school district employees who are coaches or athletic
directors to receive training once every four years on identifying the
components of anabolic steroid abuse and use and prevention strategies for the
use of performance-enhancing substances.
SECTION 6.
Section 5, chapter 395, Oregon Laws 2007, is amended to read:
Sec. 5. (1) [Sections
2 and 3 of this 2007 Act] ORS 342.723 first [apply] applies to the 2007-2008 school year.
(2) The amendments to
ORS 342.726 by section 5 of this 2008 Act first apply to the 2008-2009 school
year.
SECTION 7.
Section 16, chapter 7, Oregon Laws 2007, is amended to read:
Sec. 16. [Notwithstanding section 14 of this 2007 Act:]
[(1) Before October 1, 2008, a district is not required to offer benefit
plans that are provided and administered by the Oregon Educators Benefit Board
under sections 1 to 14 of this 2007 Act.]
[(2) Except as provided in subsections (3) to (6) of this section, on
and after October 1, 2008:]
[(a) A district may not offer a benefit plan unless the benefit plan is
provided and administered by the board; and]
[(b) Eligible employees of a district may participate in benefit plans
provided and administered by the board.]
[(3)(a) If a collective bargaining agreement exists between a district
and employees of the district and the agreement expires after July 1, 2008,
subsection (2) of this section does not apply to the district or employees of
the district. However:]
[(A) If the collective bargaining agreement expires before October 1,
2010, section 14 of this 2007 Act first applies to the district and employees
of the district upon the expiration of the agreement, except as provided in
subsection (4) of this section; and]
[(B) In any case, on and after October 1, 2010, section 14 of this 2007
Act applies to the district and employees of the district.]
[(b) If no collective bargaining agreement exists between a district and
employees of the district, and if a contract exists between the district and a
carrier and the contract expires after October 1, 2008, subsection (2) of this
section does not apply to the district or employees of the district. However:]
[(A) If the contract expires before October 1, 2010, section 14 of this
2007 Act first applies to the district and employees of the district upon the
expiration of the contract, except as provided in subsection (4) of this
section; and]
[(B) In any case, on and after October 1, 2010, section 14 of this 2007
Act applies to the district and employees of the district.]
[(4) A district that was self-insured before January 1, 2007, or a
district that had an independent health insurance trust established and
functioning before January 1, 2007, may provide or contract for benefit plans
other than benefit plans provided and administered by the board. However:]
[(a) Until October 1, 2010, the benefit plans provided or contracted for
by the self-insured district or the district with an independent health
insurance trust are not required to meet the condition provided in section 14
(2)(a) of this 2007 Act.]
[(b) On and after October 1, 2010, the benefit plans provided or
contracted for by the self-insured district or the district with an independent
health insurance trust must meet the condition provided in section 14 (2)(a) of
this 2007 Act.]
[(c) This subsection does not apply to a community college district.]
[(5) A community college district may provide or contract for benefit plans
other than benefit plans provided and administered by the board.]
[(6) In accordance with procedures adopted by the board to extend
benefit plan coverage under sections 3 to 8 of this 2007 Act to eligible
employees of a self-insured district, a district with an independent health
insurance trust or a community college district, these districts may choose to
offer benefit plans that are provided and administered by the board. Once
employees of a district participate in benefit plans provided and administered
by the board, the district may not thereafter provide or contract for benefit
plans other than those provided and administered by the board.]
(1) Except as
provided in this section, the requirements of ORS 243.886 become operative on
October 1, 2008.
(2) If a collective
bargaining agreement exists between a district and a group of employees of the
district on July 1, 2007, and the contract does not expire before July 1, 2008,
ORS 243.886 does not apply to the group of represented employees until the
earlier of:
(a) October 1, 2009, if
the collective bargaining agreement expires before July 1, 2009; or
(b) October 1, 2010, if
the collective bargaining agreement expires on or after July 1, 2009.
(3) A district with
represented and nonrepresented employees is not required to offer benefit plans
to its nonrepresented employees in the manner provided by ORS 243.886 until the
district is required to offer those plans to all or part of the represented
employees of the district.
(4) The requirement of
ORS 243.886 (2)(a) that self-insured districts and districts with independent
health insurance trusts have premiums for benefits that are equal to or less
than the premiums for comparable benefit plans provided and administered by the
Oregon Educators Benefit Board, becomes operative on October 1, 2010.
SECTION 8.
ORS 342.223 is amended to read:
342.223. (1) For the
purpose of requesting a state or nationwide criminal records check under ORS
181.534, the Teacher Standards and Practices Commission 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 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] three years for student
teaching, practicum or internship as a teacher, administrator or personnel
specialist.
(e) A person who is
applying for initial issuance of a registration as a public charter school
teacher or administrator under ORS 342.125.
(2) The making of any
false statement as to the conviction of a crime is grounds for refusal to
issue, renew or reinstate a license, certificate or registration and is in
addition to the grounds stated in ORS 342.143.
(3) A person may appeal
the refusal to issue an initial license, certificate or registration under this
section as a contested case under ORS 183.413 to 183.470, but the refusal to
renew or reinstate a license or registration is subject to ORS 342.175 to
342.180, and the commission shall notify the person of the right to appeal.
SECTION 9. (1)
As used in this section:
(a) “Child” means a
child, adopted child or stepchild of a service member.
(b) “Eligible
post-secondary institution” means:
(A) A state institution
of higher education listed in ORS 352.002; and
(B) The
(c) “Qualified student”
means a child, a spouse or an unremarried surviving spouse of a service member.
(d) “Service member”
means a person who:
(A) As a member of the
Armed Forces of the
(B) As a member of the
Armed Forces of the United States, died as a result of a military service
connected disability sustained after September 11, 2001; or
(C) Is 100 percent
disabled as the result of a military service connected disability sustained
after September 11, 2001, as certified by the
(2) Subject to subsections
(3) to (6) of this section, an eligible post-secondary institution shall waive
tuition for a qualified student for courses that may lead to a baccalaureate
degree or a master’s degree. A qualified student who received a tuition waiver
for a baccalaureate degree may also qualify for a tuition waiver for a master’s
degree.
(3)(a) The maximum
waiver granted under this section shall be as follows:
(A) For a baccalaureate
degree, the total number of credit hours that equals four years of full-time
attendance at an eligible post-secondary institution.
(B) For a master’s
degree, the total number of credit hours that equals two years of full-time
attendance at an eligible post-secondary institution.
(b) Notwithstanding
paragraph (a) of this subsection, a waiver may not exceed the total number of
credit hours the qualified student needs to graduate with a baccalaureate
degree or a master’s degree.
(4) A waiver may be
granted under this section only for credit hours for courses that are offered
by an eligible post-secondary institution and are available for enrollment
regardless of whether the qualified student attends the course and pays
tuition.
(5) A qualified student
may receive a waiver under this section if the student:
(a) At the time of
application for a waiver, is considered a resident of this state for the
purpose of determining tuition to be paid at an eligible post-secondary
institution; and
(b) Has been admitted to
an eligible post-secondary institution for a baccalaureate degree program or has
been admitted to a master’s degree program at an eligible post-secondary
institution.
(6)(a) A child who
applies for a waiver under this section must be 23 years of age or younger at
the time the child applies for a waiver.
(b) Notwithstanding
paragraph (a) of this subsection, a child who is older than 23 years of age is
eligible for a waiver for a master’s degree if the child:
(A) Applied for and
received a waiver for a baccalaureate degree when the child was 23 years of age
or younger; and
(B) Applied for a waiver
for a master’s degree within 12 months of receiving a baccalaureate degree.
SECTION 10. (1)
As used in this section, “qualified student” has the meaning given that term in
section 9 of this 2008 Act.
(2) No later than
February 1, 2009, each state institution of higher education listed in ORS
352.002, each community college as defined in ORS 341.005 and the Oregon Health
and Science University shall report to the Seventy-fifth Legislative Assembly
as provided in ORS 192.245.
(3) The report required
by subsection (2) of this section shall describe how the institution, community
college or university is accommodating the financial needs of qualified
students, including:
(a) The number of
qualified students who received a waiver under section 9 of this 2008 Act and
the amounts of those waivers.
(b) Scholarships offered
specifically to qualified students, the number of qualified students who
received those scholarships and the amounts of those scholarships.
(c) Any other financial
assistance provided to qualified students.
SECTION 11. ORS
342.126 is repealed.
SECTION 12. This
2008 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2008 Act takes
effect on its passage.
Approved by the Governor March 11, 2008
Filed in the office of Secretary of State March 11, 2008
Effective date March 11, 2008
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