75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3141
B-Engrossed
House Bill 2834
Ordered by the House May 27
Including House Amendments dated April 17 and May 27
Sponsored by Representative GELSER; Representatives BARNHART,
BERGER, KOTEK
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.
Directs Superintendent of Public Instruction to close Oregon
School for the Blind by September 1, 2009. Abolishes Board of
Directors of the Oregon School for the Blind on September 1,
2009.
Directs Department of Education to develop individual
comprehensive transition plans for certain students who attend
Oregon School for the Blind.
{ - Establishes Oregon Trust Fund for Blind and Visually
Impaired Students. Requires moneys in trust fund to be used to
further independence of and educational opportunities for certain
blind and visually impaired students. Establishes Board of
Directors of the Oregon Trust Fund for Blind and Visually
Impaired Students to act as trustee of fund. - }
Directs { - board - } { + Oregon Department of
Administrative Services + } to develop plan to sell Oregon School
for the Blind { + and to hold property in trust until title
transfers to purchaser + }. Requires proceeds from sale to be
{ - deposited in fund - } { + transferred to Education
Stability Fund + }.
Establishes Blind and Visually Impaired Student
{ - Legacy - } Fund. Continuously appropriates moneys in fund to
Department of Education for purpose of assisting blind and
visually impaired students. Appropriates moneys from General Fund
to department for deposit in Blind and Visually Impaired Student
{ - Legacy - } Fund.
{ + Limits biennial expenditures from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery
funds and federal funds, collected or received by department for
purposes related to sale of Oregon School for the Blind. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the Oregon School for the Blind; creating new
provisions; amending ORS 179.210, 179.460, 238.350, 240.205,
240.240, 326.543, 326.603, 327.023, 339.370, 339.877, 343.236,
343.239, 346.010, 346.015, 346.017, 346.019, 346.020, 346.030,
346.041, 346.047, 346.055, 346.080 and 656.135; repealing ORS
346.097, 346.099, 346.101 and 346.104 and section 53, chapter
858, Oregon Laws 2007; appropriating money; limiting
expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Prior to September 1, 2009, the Superintendent
of Public Instruction shall close the Oregon School for the
Blind. + }
SECTION 2. { + On September 1, 2009, the Board of Directors of
the Oregon School for the Blind is abolished and the tenure of
office of the members of the Board of Directors of the Oregon
School for the Blind ceases. + }
SECTION 3. { + (1) Prior to August 1, 2009, the Department of
Education shall ensure that a comprehensive transition plan is
developed for each student of the Oregon School for the Blind
who:
(a) Was enrolled in the Oregon School for the Blind on March 1,
2009;
(b) Expected to be enrolled in the Oregon School for the Blind
during the 2009-2010 school year; and
(c) Is under 21 years of age on September 1, 2009.
(2)(a) For the purpose of assisting in the development of a
comprehensive transition plan under this section, the Department
of Human Services shall ensure that each student described in
subsection (1) of this section is screened and evaluated to
determine the student's eligibility for services offered by the
community mental health and developmental disabilities program
serving the community where a student will be located after the
closure of the Oregon School for the Blind.
(b) A student who is determined to be eligible for services
provided by a community mental health and developmental
disabilities program shall have priority access to the services,
including any community-based support services and family support
services.
(3)(a) A comprehensive transition plan developed under this
section shall provide students described in subsection (1) of
this section with a plan to receive appropriate resources and
services, including educational services, to ensure a successful
transition to the community where the student will be located
after the closure of the Oregon School for the Blind.
(b) The educational services offered to a student under a
comprehensive transition plan shall be substantially equivalent
to the level, frequency and type of educational services offered
to the student when the student was enrolled in the Oregon School
for the Blind, except that the comprehensive transition plan need
not include residential services.
(c) A comprehensive transition plan may provide for any of the
following:
(A) The purchase of assistive technology;
(B) The purchase of needed equipment, adaptive curriculum and
materials;
(C) Staff training and development for the school district
where the student will be located after the closure of the Oregon
School for the Blind;
(D) The development of behavior support plans, including
training for families to support continued growth and safety at
home and school; and
(E) Any other resources and services that may help a student
successfully transition to the community where the student will
be located after the closure of the Oregon School for the Blind.
(4)(a) A comprehensive transition plan developed under this
section shall be developed by:
(A) The members of the student's individualized education
program team;
(B) A representative from the regional program authorized under
ORS 343.236 (1)(a)(A) and (C) that provides services to the
region where the student will be located;
(C) The principal of the school that the student will attend;
(D) If appropriate, a representative of a provider of
vocational rehabilitation services or the youth transition
program that serves the community where the student will be
located;
(E) If appropriate, a representative of the community mental
health and developmental disabilities program that serves the
community where the student will be located; and
(F) One person who provided educational services to the student
when the student was enrolled at the Oregon School for the Blind.
(b) In addition to the persons identified under paragraph (a)
of this subsection, the student or a parent of the student may
invite any person with knowledge of the student's needs to
participate in the development of a comprehensive transition
plan. + }
SECTION 4. { + (1) Except as otherwise provided by a
collective bargaining agreement, a public employer shall give
preference for a vacant position to an otherwise qualified person
who worked for the Oregon School for the Blind.
(2) The Department of Education shall facilitate communication
between:
(a) Persons who were employed at the Oregon School for the
Blind at the time the school closed; and
(b) School districts recruiting to hire persons with the skills
or credentials that a person who worked at the Oregon School for
the Blind may have.
(3) The Personnel Division of the Oregon Department of
Administrative Services shall facilitate communication between:
(a) Persons who were employed at the Oregon School for the
Blind at the time the school closed; and
(b) Political subdivisions recruiting to hire persons with the
skills or experience that a person who worked at the Oregon
School for the Blind may have. + }
SECTION 5. { + Section 4 of this 2009 Act is repealed July 1,
2012. + }
SECTION 6. { + (1) The Oregon Department of Administrative
Services, in consultation with the Department of Education and
other interested parties, shall develop a plan for the sale of
the real property owned by the Department of Education known as
the Oregon School for the Blind.
(2) For the period beginning July 1, 2009, and ending on the
date that title is transferred to a purchaser, the Oregon
Department of Administrative Services shall hold the real
property described in subsection (1) of this section in trust.
While held in trust, any proceeds related to the real property
must first be used to reimburse expenditures incurred by the
Oregon Department of Administrative Services in holding the
property in trust. Proceeds in excess of the reimbursements
shall be transferred to the Education Stability Fund established
under ORS 348.696.
(3) Notwithstanding ORS 270.100 to 270.190, the Oregon
Department of Administrative Services shall sell the real
property described in subsection (1) of this section in a manner
consistent with this section. The Oregon Department of
Administrative Services may engage the services of a licensed
real estate broker or real estate organization or any other
professional necessary to facilitate the sale of the real
property.
(4) The sale price of the real property described in subsection
(1) of this section:
(a) Must equal or exceed the fair market value of the real
property; and
(b) Shall be determined by the Oregon Department of
Administrative Services.
(5)(a) The Oregon Department of Administrative Services shall
retain from the sale of the real property described in subsection
(1) of this section the costs incurred by the state in selling
the real property, including:
(A) Costs incurred by the Department of Education in
transferring the real property to the Oregon Department of
Administrative Services;
(B) Any costs incurred by the Oregon Department of
Administrative Services in holding the real property in trust
that are not reimbursed as provided by subsection (2) of this
section or by appropriation or other source of moneys; and
(C) Costs incurred by the Oregon Department of Administrative
Services in selling the real property.
(b) The Oregon Department of Administrative Services and the
Department of Education shall be reimbursed for any costs
described in paragraph (a) of this subsection from the amount
retained as provided by paragraph (a) of this subsection.
(c) Proceeds from the sale of the real property that remain
after the amounts described in paragraph (a) of this subsection
have been retained shall be transferred to the Education
Stability Fund established under ORS 348.696.
(6)(a) Except for property described in subsection (1) of this
section, all other property of the Oregon School for the Blind:
(A) When practicable, shall be distributed to the regional
program described in ORS 343.236 (1)(b) or to the school
districts providing educational services to students described in
section 3 (1) of this 2009 Act; and
(B) May be preserved in a manner determined by the
Superintendent of Public Instruction if the property has historic
significance.
(b) Proceeds from the sale, lease or other action related to
the property described in this subsection shall be transferred to
the Education Stability Fund. + }
SECTION 7. { + (1) The Blind and Visually Impaired Student
Fund is established in the State Treasury, separate and distinct
from the General Fund. Interest earned by the Blind and Visually
Impaired Student Fund shall be credited to the Blind and Visually
Impaired Student Fund.
(2) Moneys in the Blind and Visually Impaired Student Fund are
continuously appropriated to the Department of Education for the
purposes of:
(a) Assisting students who are blind or visually impaired in
receiving appropriate resources and services, including
educational services, in the communities where the students
reside;
(b) Supplementing funds available to regional programs
authorized under ORS 343.236 (1)(a)(A) and (C) to ensure access
to the expanded core curriculum for students who are blind or
visually impaired:
(c) Coordinating professional development of persons who
provide educational services to students who are blind or
visually impaired;
(d) Providing technical assistance for the purpose of providing
educational services to students who are blind or visually
impaired; and
(e) Coordinating activities for the benefit of students who are
blind or visually impaired.
(3) When determining the manner in which to spend the moneys in
the Blind and Visually Impaired Student Fund, the Department of
Education shall:
(a) Give priority to services or resources used by students
described in section 3 (1) of this 2009 Act; and
(b) Ensure that the moneys are used in addition to any other
available moneys and do not supplant moneys available from any
other source. + }
SECTION 8. Section 7 of this 2009 Act is amended to read:
{ + Sec. 7. + } (1) The Blind and Visually Impaired Student
Fund is established in the State Treasury, separate and distinct
from the General Fund. Interest earned by the Blind and Visually
Impaired Student Fund shall be credited to the Blind and Visually
Impaired Student Fund.
(2) Moneys in the Blind and Visually Impaired Student Fund are
continuously appropriated to the Department of Education for the
purposes of:
(a) Assisting students who are blind or visually impaired in
receiving appropriate resources and services, including
educational services, in the communities where the students
reside;
(b) Supplementing funds available to regional programs
authorized under ORS 343.236 (1)(a)(A) and (C) to ensure access
to the expanded core curriculum for students who are blind or
visually impaired:
(c) Coordinating professional development of persons who
provide educational services to students who are blind or
visually impaired;
(d) Providing technical assistance for the purpose of providing
educational services to students who are blind or visually
impaired; and
(e) Coordinating activities for the benefit of students who are
blind or visually impaired.
(3) When determining the manner in which to spend the moneys in
the Blind and Visually Impaired Student Fund, the Department of
Education shall { - : - }
{ - (a) Give priority to services or resources used by
students described in section 3 (1) of this 2009 Act; and - }
{ - (b) - } ensure that the moneys are used in addition to
any other available moneys and do not supplant moneys available
from any other source.
SECTION 9. { + The amendments to section 7 of this 2009 Act by
section 8 of this 2009 Act become operative June 30, 2020. + }
SECTION 10. { + There is appropriated to the Department of
Education, for the biennium beginning July 1, 2009, out of the
General Fund, to be deposited in the Blind and Visually Impaired
Student Fund established under section 7 of this 2009 Act, the
amount of $2,985,218 for the purposes described in section 7 (2)
of this 2009 Act. + }
SECTION 11. ORS 343.236 is amended to read:
343.236. (1) { + (a) + } The Superintendent of Public
Instruction may provide special education on a local, county or
regional basis without regard to county boundaries in all areas
of the state for children who have:
{ - (a) - } { + (A) + } A visual impairment;
{ - (b) - } { + (B) + } A hearing impairment;
{ - (c) - } { + (C) + } Blindness or deafness, or both;
{ - (d) - } { + (D) + } An orthopedic impairment;
{ - (e) - } { + (E) + } Autism; or
{ - (f) - } { + (F) + } Traumatic brain injury.
{ + (b) The superintendent shall designate one of the
regional programs that provides special education to children who
are blind or visually impaired to provide statewide coordination
and technical assistance related to:
(A) The provision of services described in section 7 (2) of
this 2009 Act; and
(B) The transition of students from the Oregon School for the
Blind to the communities and school districts where the students
will be located after the closure of the Oregon School for the
Blind.
(c) The program designated under paragraph (b) of this
subsection may receive moneys from the Blind and Visually
Impaired Student Fund established under section 7 of this 2009
Act and distribute those moneys to other regional programs. + }
(2) The Superintendent of Public Instruction may operate and
administer a local, county or regional program of special
education or the superintendent may contract for the operation
and administration of the program with a school district or an
education service district.
(3) The State Board of Education by rule shall establish
eligibility criteria and educational standards for the programs
described in subsection (1) of this section and those programs in
{ - schools - } { + the school + } operated under ORS
346.010.
(4) A school district which contracts to provide a program
under this section shall be paid for the state-approved program
as determined and funded by the Legislative Assembly. Contracting
school districts are authorized to negotiate supplemental
programs with participating school districts.
SECTION 12. ORS 343.236, as amended by section 11 of this 2009
Act, is amended to read:
343.236. (1)(a) The Superintendent of Public Instruction may
provide special education on a local, county or regional basis
without regard to county boundaries in all areas of the state for
children who have:
(A) A visual impairment;
(B) A hearing impairment;
(C) Blindness or deafness, or both;
(D) An orthopedic impairment;
(E) Autism; or
(F) Traumatic brain injury.
(b) The superintendent shall designate one of the regional
programs that provides special education to children who are
blind or visually impaired to provide statewide coordination and
technical assistance related to { - : - }
{ - (A) - } the provision of services described in section 7
(2) of this 2009 Act { - ; and - }
{ - (B) The transition of students from the Oregon School for
the Blind to the communities and school districts where the
students will be located after the closure of the Oregon School
for the Blind - } .
(c) The program designated under paragraph (b) of this
subsection may receive moneys from the Blind and Visually
Impaired Student Fund established under section 7 of this 2009
Act and distribute those moneys to other regional programs.
(2) The Superintendent of Public Instruction may operate and
administer a local, county or regional program of special
education or the superintendent may contract for the operation
and administration of the program with a school district or an
education service district.
(3) The State Board of Education by rule shall establish
eligibility criteria and educational standards for the programs
described in subsection (1) of this section and those programs in
the school operated under ORS 346.010.
(4) A school district which contracts to provide a program
under this section shall be paid for the state-approved program
as determined and funded by the Legislative Assembly. Contracting
school districts are authorized to negotiate supplemental
programs with participating school districts.
SECTION 13. { + The amendments to ORS 343.236 by section 12 of
this 2009 Act become operative September 1, 2010. + }
SECTION 14. ORS 179.210 is amended to read:
179.210. (1) The Department of Human Services, the Department
of Corrections and the Superintendent of Public Instruction may
audit, allow and pay a claim for damage to property made by an
employee of one of those agencies if:
(a) The damage to property arises out of the claimant's
employment at one of the institutions or facilities operated by
the Department of Human Services or the Department of
Corrections, or { - one of the schools - } { + the school + }
operated by the Superintendent of Public Instruction under ORS
346.010; and
(b) The employee files a written claim with the employee's
employer within 180 days after the employee discovers or should
have discovered the damage.
(2) No claim under subsection (1) of this section shall be
paid:
(a) That exceeds, in the aggregate with payments of other
claims, the moneys appropriated for such purpose.
(b) To the extent that the person incurring damage has been or
may be compensated by liability insurance or otherwise.
(c) If the Department of Human Services, the Department of
Corrections or the Superintendent of Public Instruction
determines the cause or occasion of the accident resulting in
damage is chargeable to the conduct or negligence of the party
damaged.
SECTION 15. ORS 179.460 is amended to read:
179.460. (1) In order to encourage industry and thereby
increase productiveness in the institutions, the Department of
Corrections and the Department of Human Services shall prescribe
rules and regulations for the sale and exchange of surplus
products of each.
(2) The funds derived from the sale of the surplus products
shall be paid into the State Treasury and become a part of a fund
to be known as the State Institutional Betterment Fund, which
fund shall be expended by the Department of Corrections and the
Department of Human Services, respectively, for the benefit of
the institutions in proportion to the amount earned by each.
(3) The provisions of this section apply to { - schools - }
{ + the school + } operated under ORS 346.010.
SECTION 16. ORS 238.350 is amended to read:
238.350. (1)(a) Upon the request by a public employer that its
employees be compensated for accumulated unused sick leave with
pay in the form of increased retirement benefits upon service or
disability retirement, the board shall establish a procedure for
adding to the gross amount of salary used in determining final
average salary the monetary value of one-half of the accumulated
unused sick leave with pay of each retiring employee of the
requesting public employer and shall establish benefits of the
retiring employee on the basis of a final average salary
reflecting that addition.
(b) For employees of a common school district, a union high
school district, an education service district or a community
college, or employees of the State Board of Higher Education
engaged in teaching or other school activity at an institution of
higher education, or employees of { - schools - } { + the
school + } operated under ORS 346.010 engaged in teaching or
other school activity, who are employed under contract for a
period of less than 12 consecutive months and who are entitled to
sick leave with pay of less than 96 hours for a year, each hour
of accumulated unused sick leave with pay shall be valued on the
basis of the actual number of contract hours of employment during
the last year of contributing membership of an employee before
retiring and the salary of the employee during the same period.
This paragraph does not apply to any employee who is employed
under contract for 12 consecutive months in any of the three or
less years used in determining the final average salary of the
employee.
(c) For the purpose of this subsection, accumulated unused sick
leave with pay includes unused sick leave with pay accumulated by
an active member of the system while in the service of any public
employer participating in the system that has the request
described in paragraph (a) of this subsection in effect at the
time of the member's separation from the service of the employer,
whether that employer is or is not the employer of the member at
the time of the member's retirement.
(d) The board shall establish rules requiring all public
employers participating in the system to transmit to the board
reports of unused sick leave with pay accumulated by their
employees who are members of the system and to provide timely
notification to each of those employees of unused sick leave with
pay accumulated by the employee and reported to the board.
(2) Accumulated unused sick leave with pay may be considered
for the purpose of subsection (1) of this section only in
accordance with the following requirements:
(a) Sick leave not credited at the rate actually provided by
the public employer may not be considered. The amount of sick
leave exceeding an amount credited at the lowest rate in effect
for any employee of the public employer who is normally entitled
to sick leave, and in any event exceeding an amount credited at a
rate of eight hours for each full month worked, may not be
considered.
(b) Sick leave credited for periods when an employee was absent
from employment on sabbatical leave, educational leave or any
leave without pay may not be considered.
(c) Any period during which an employee was absent from
employment for illness or injury that was charged against sick
leave not qualified for consideration shall be deducted from sick
leave qualified for consideration.
(d) Sick leave for any period for which the public employer
provides no sick leave with pay for its employees may not be
considered.
(e) Sick leave accumulated on and after July 1, 1973, may be
considered only to the extent it is supported by records of
accumulation and use pursuant to a plan adopted formally by the
public employer.
(f) Accumulated unused sick leave for periods before July 1,
1973, may be considered as follows:
(A) If any department, bureau or other organizational unit of a
public employer maintained formal records of accumulation and use
even though the public employer did not require that those
records be maintained, the accumulated unused sick leave shall be
considered according to those records.
(B) Where the public employer provided sick leave before July
1, 1973, but formal records of accumulation and use were not
required or if required, are unavailable or incomplete, or the
sick leave was subject to administrative limitations on total
accumulation or transfer between public employers, accumulated
unused sick leave for periods before July 1, 1973, may be
considered as equal to 2.675 hours for each full month worked or
an amount per month equal to the average monthly accumulation by
an employee during the period beginning July 1, 1973, and ending
at the time of retirement, whichever amount is greater, but
reduced by the amount of any accumulated unused sick leave
credited to the employee on July 1, 1973.
(g) The written certification of a member or former member of
the Legislative Assembly shall constitute a formal record of
accumulation and use in determining the amount of accumulated
unused sick leave of an employee of the Legislative Assembly,
either of its houses or any of its committees or officers for
periods of employment before July 1, 1981. Sick leave accumulated
on and after July 1, 1981, by employees of the Legislative
Assembly, either of its houses or any of its committees or
officers may be considered only to the extent it is supported by
records of accumulation and use maintained by the Legislative
Administration Committee, or any statutory, standing, special or
interim committee of the Legislative Assembly or either house
thereof, or any constitutional or statutory office of the
Legislative Assembly or either house thereof, pursuant to a plan
adopted formally by the committee or officer.
(3)(a) As used in this subsection, 'legislative employee '
means any person employed by the Legislative Assembly, either of
its houses or any of its committees or officers, but does not
include a regular employee of a statutory committee or statutory
office of the Legislative Assembly described in ORS 173.005 (1).
(b) Upon the request of a retiring legislative employee who is
a member of the system, and the request of the public employer of
the legislative employee, that the legislative employee be
compensated for accumulated unused vacation with pay for periods
of legislative employment in the form of increased retirement
benefits upon service or disability retirement, the board shall
add to the gross amount of salary used in determining final
average salary of the legislative employee the monetary value of
one-half of the accumulated unused vacation with pay of the
legislative employee and shall establish the benefits of the
legislative employee on the basis of a final average salary
reflecting that addition.
(c) Accumulated unused vacation with pay may be considered for
the purposes of paragraph (b) of this subsection only in
accordance with the following requirements:
(A) Vacation not credited at the rate actually provided by the
public employer may not be considered.
(B) Amounts of vacation exceeding amounts creditable to
employees in the classified service of the state service pursuant
to ORS 240.515 (1), and rules adopted pursuant thereto, in effect
on June 30, 1981, shall not be considered.
(C) Vacation accumulated before, on and after July 1, 1981, may
be considered only to the extent it is supported by records of
accumulation and use pursuant to a plan adopted formally by the
public employer. However, the written certification of a member
or former member of the Legislative Assembly shall constitute a
formal record of accumulation and use in determining the amount
of accumulated unused vacation of a legislative employee for
periods of legislative employment before July 1, 1981.
(4) Employers with plans providing payments on account of
sickness in lieu of sick leave with pay may request the board to
consider the monetary value of accumulated unused payments on
account of sickness as if such payments were an equivalent amount
of accumulated unused sick leave with pay under the same terms
and conditions specified in subsections (1) and (2) of this
section.
SECTION 17. ORS 240.205 is amended to read:
240.205. The unclassified service shall comprise:
(1) One executive officer and one secretary for each board or
commission, the members of which are elected officers or are
appointed by the Governor.
(2) The director of each department of state government, each
full-time salaried head of a state agency required by law to be
appointed by the Governor and each full-time salaried member of a
board or commission required by law to be appointed by the
Governor.
(3) The administrator of each division within a department of
state government required by law to be appointed by the director
of the department with the approval of the Governor.
(4) Principal assistants and deputies and one private secretary
for each executive or administrative officer specified in ORS
240.200 (1) and in subsections (1) to (3) of this section. '
Deputy' means the deputy or deputies to an executive or
administrative officer listed in subsections (1) to (3) of this
section who is authorized to exercise that officer's authority
upon absence of the officer. 'Principal assistant' means a
manager of a major agency organizational component who reports
directly to an executive or administrative officer listed in
subsections (1) to (3) of this section or deputy and who is
designated as such by that executive or administrative officer
with the approval of the Director of the Oregon Department of
Administrative Services.
(5) Employees in the Governor's office and the principal
assistant and private secretary in the Secretary of State's
division.
(6) The director, principals, instructors and teachers in
{ - schools - } { + the school + } operated under ORS
346.010.
(7) Apprentice trainees only during the prescribed length of
their course of training.
(8) Licensed physicians and dentists employed in their
professional capacities and student nurses, interns, and patient
or inmate help in state institutions.
(9) Lawyers employed in their professional capacities.
(10) All members of the Oregon State Police appointed under ORS
181.250 and 181.265.
(11) Deputy superintendents and associate superintendents in
the Department of Education.
(12) Temporary seasonal farm laborers engaged in single phases
of agricultural production or harvesting.
(13) Any individual employed and paid from federal funds
received under the Emergency Job and Unemployment Assistance Act
of 1974 (United States Public Law 93-567) or any other federal
program intended primarily to alleviate unemployment. However,
persons employed under this subsection shall be treated as
classified employees for purposes of ORS 243.650 to 243.782.
(14) Managers, department heads, directors, producers and
announcers of the state radio and television network.
(15) Employees, including managers, of the foreign trade
offices of the Economic and Community Development Department
located outside the country.
(16) Any other position designated by law as unclassified.
SECTION 18. ORS 240.240 is amended to read:
240.240. (1) The unclassified service or, except as provided in
ORS 240.250, the management service shall not be subject to this
chapter, except that employees and officers in the unclassified
or management service shall be subject to the laws, rules and
policies pertaining to any type of leave with pay except as
otherwise provided in subsections (4) and (5) of this section,
and shall be subject to the laws, rules and policies pertaining
to salary plans except as otherwise provided in subsections (3)
and (5) of this section.
(2) With regard to any unclassified or management service
position for which the salary is not fixed by law, and except as
otherwise provided in subsections (3) and (5) of this section,
the Personnel Division shall adopt a salary plan which is
equitably applied to various categories in the unclassified or
management service and is in reasonable conformity with the
general salary structure of the state. The division shall
maintain this unclassified and management salary plan in
accordance with the procedures established for the classified
salary plan as provided in ORS 240.235.
(3) The Secretary of State and the State Treasurer, for the
purpose of maintaining a salary plan for unclassified and
management service positions in their departments, may request
the advice and assistance of the division.
(4) With regard to unclassified instructors and teachers under
annual teaching contracts for an academic year in
{ - schools - } { + the school + } operated under ORS 346.010,
arrangements for leave with pay shall be established by the
Department of Education.
(5) With regard to unclassified positions in the Economic and
Community Development Department's foreign offices, the salary
plan and arrangements for leave with pay shall be established by
the Director of the Economic and Community Development
Department.
SECTION 19. ORS 326.543 is amended to read:
326.543. (1) As used in this section:
(a) 'Education service district' has the meaning given that
term in ORS 334.003.
(b) 'Facility' means { - a school described in - } { + the
school operated under + } ORS 346.010.
(c) 'Post-secondary institution' means:
(A) A community college as defined in ORS 341.005;
(B) A state institution of higher education listed in ORS
352.002; and
(C) The Oregon Health and Science University.
(d) 'School district' has the meaning given that term in ORS
330.005.
(2) The interest or estate of an education service district, a
facility, a post-secondary institution or a school district in
any real property may not be extinguished or diminished by
adverse possession.
SECTION 20. ORS 326.603 is amended to read:
326.603. (1) For the purposes of requesting a state or
nationwide criminal records check under ORS 181.534, the
Department of Education may require the fingerprints of:
(a) A school district or private school contractor, whether
part-time or full-time, or an employee thereof, whether part-time
or full-time, who has direct, unsupervised contact with students
as determined by the district or private school.
(b) A person newly hired, whether part-time or full-time, by a
school district or private school in a capacity not described in
ORS 342.223 (1) who has direct, unsupervised contact with
children as determined by the district or private school.
(c) A person employed, whether part-time or full-time, by a
school district or private school in a capacity not described in
ORS 342.223 (1) who has direct, unsupervised contact with
children as determined by the district or private school.
(d) A person who is a community college faculty member
providing instruction at a kindergarten through grade 12 school
site during the regular school day.
(e) A person who is an employee of a public charter school.
(2)(a) A school district shall send to the Department of
Education for purposes of a criminal records check any
information, including fingerprints, for each person described in
subsection (1) of this section.
(b) A private school may send to the Department of Education
for purposes of a criminal records check any information,
including fingerprints, for each person described in subsection
(1)(a), (b), (c) or (d) of this section.
(3) The Department of Education shall request that the
Department of State Police conduct a criminal records check as
provided in ORS 181.534 and may charge the district or private
school a fee as established by rule under ORS 181.534. The school
district or private school may recover its costs or a portion
thereof from the person described in subsection (1) of this
section. If the person described in subsection (1)(b), (c) or (e)
of this section requests, the district shall and a private school
may withhold the amount from amounts otherwise due the person,
including a periodic payroll deduction rather than a lump sum
payment.
(4) Notwithstanding subsection (1) of this section, the
department may not require fingerprints of a person described in
subsection (1) of this section if the person or the person's
employer was checked in one school district or private school and
is currently seeking to work in another district or private
school unless the person lived outside this state during the
interval between the two periods of time of working in the
district or private school.
(5) Nothing in this section requires a person described in
subsection (1)(a), (b) or (e) of this section to submit to
fingerprinting until the person has been offered employment or a
contract by a school district or private school. Contractor
employees may not be required to submit to fingerprinting until
the contractor has been offered a contract.
(6)(a) If the Superintendent of Public Instruction informs the
school district that the person has been convicted of a crime
listed in ORS 342.143 or has made a false statement as to the
conviction of a crime, the superintendent shall notify the school
district of the fact and the district shall not employ or
contract with the person. Notification by the superintendent that
the school district shall not employ or contract with the person
shall remove the person from any school district policies,
collective bargaining provisions regarding dismissal procedures
and appeals and the provisions of ORS 342.805 to 342.937.
(b) The Superintendent of Public Instruction shall notify the
private school if the person has been convicted of a crime listed
in ORS 342.143 or has made a false statement as to the conviction
of a crime. Based on the notice, the private school may choose
not to employ or contract with the person.
(7) If a person described in subsection (1) of this section
refuses to consent to the criminal records check or refuses to be
fingerprinted or if the person falsely swears to the
nonconviction of a crime, the district shall terminate the
employment or contract status of the person. Termination under
this subsection removes the person from any school district
policies, collective bargaining provisions regarding dismissal
procedures and appeals and the provisions of ORS 342.805 to
342.937.
(8) A school district may not hire or continue to employ or
contract with or allow the contractor to continue to assign a
person to the school project if the person described in
subsection (1) of this section has been convicted of a crime
according to the provisions of ORS 342.143.
(9) As used in this section and ORS 326.607:
(a) 'Private school' means a school that provides educational
services as defined in ORS 345.505 and is registered as a private
school under ORS 345.505 to 345.575.
(b) 'School district' means:
(A) A school district as defined in ORS 330.003.
{ - (B) The Oregon School for the Blind. - }
{ - (C) - } { + (B) + } The Oregon School for the Deaf.
{ - (D) - } { + (C) + } An educational program under the
Youth Corrections Education Program.
{ - (E) - } { + (D) + } A public charter school as defined
in ORS 338.005.
{ - (F) - } { + (E) + } An education service district.
SECTION 21. ORS 327.023 is amended to read:
327.023. In addition to those moneys distributed through the
State School Fund, the Department of Education shall provide from
state funds appropriated therefor, grants in aid or support for
special and compensatory education programs including:
(1) { - The Oregon School for the Blind and - } The Oregon
School for the Deaf.
(2) Medicaid match for administration efforts to secure
Medicaid funds for services provided to children with
disabilities.
(3) Hospital programs for education services to children who
are hospitalized for extended periods of time or who require
hospitalization due to severe disabilities as described in ORS
343.261.
(4) Private agency programs for education services to children
who are placed by the state in long term care or treatment
facilities as described in ORS 343.961.
(5) Regional services provided to children with low-incidence
disabling conditions as described in ORS 343.236.
(6) Early childhood special education provided to preschool
children with disabilities from age three until age of
eligibility for kindergarten as described in ORS 339.185,
343.035, 343.041, 343.055, 343.065, 343.157 and 343.455 to
343.534.
(7) Early intervention services for preschool children from
birth until age three as described in ORS 339.185, 343.035,
343.041, 343.055, 343.065, 343.157 and 343.455 to 343.534.
(8) Evaluation services for children with disabilities to
determine program eligibility and needs as described in ORS
343.146.
(9) Education services to children residing at state hospitals.
(10) Disadvantaged children program under ORS 343.680.
(11) Early childhood education under ORS 329.228 and 329.235.
(12) Child development specialist program under ORS 329.255.
(13) Youth care centers under ORS 420.885.
(14) Staff development and mentoring.
(15) Professional technical education grants.
(16) Special science education programs.
(17) Talented and Gifted children program under ORS 343.391 to
343.413.
SECTION 22. ORS 339.370 is amended to read:
339.370. As used in this section and ORS 339.372, 339.375 and
339.377:
(1) 'Abuse' has the meaning given that term in ORS 419B.005.
(2) 'Disciplinary records' means the records related to a
personnel discipline action or materials or documents supporting
that action.
(3) 'Education provider' means:
(a) A school district as defined in ORS 332.002.
{ - (b) The Oregon School for the Blind. - }
{ - (c) - } { + (b) + } The Oregon School for the Deaf.
{ - (d) - } { + (c) + } An educational program under the
Youth Corrections Education Program.
{ - (e) - } { + (d) + } A public charter school as defined
in ORS 338.005.
{ - (f) - } { + (e) + } An education service district as
defined in ORS 334.003.
{ - (g) - } { + (f) + } Any state-operated program that
provides educational services to kindergarten through grade 12
students.
{ - (h) - } { + (g) + } A private school.
(4) 'Law enforcement agency' has the meaning given that term in
ORS 419B.005.
(5) 'Private school' means a school that provides educational
services as defined in ORS 345.505 to kindergarten through grade
12 students.
(6) 'School board' means the governing board or governing body
of an education provider.
(7) 'School employee' means an employee of an education
provider.
SECTION 23. ORS 339.877 is amended to read:
339.877. (1) Any person other than a student at the Oregon
School for the Deaf { - or the Oregon School for the Blind - }
upon successful completion of an educational program at
elementary or secondary level at a state institution shall
receive a diploma evidencing such completion issued by the common
or union high school district in which the person last resided
prior to commitment to the state institution.
(2) All educational records for the person shall be sent to the
common or union high school district issuing the diploma. The
school district may make a transcript of such records available
upon request in the same manner and in the same form as it makes
any other transcript available and shall not therein indicate
that any of the educational program was completed in any state
institution.
SECTION 24. ORS 343.239 is amended to read:
343.239. (1) The Department of Education shall bill annually
each resident school district for children who are residents of
the school district and are served under ORS 343.236 or enrolled
in a { - program - } { + school operated + } under ORS
346.010.
(2) A billing under this section shall be in an amount equal to
(the amount of federal funds received by the school district
through the Individuals with Disabilities Education Act, 20
U.S.C. 1400 et seq., divided by the number of eligible children
under the Individuals with Disabilities Education Act who are
reported by the school district as receiving special education
services on the December 1 special education census) multiplied
by the number of children who are eligible under the Individuals
with Disabilities Education Act and served under ORS 343.236 or
enrolled in a
{ - program - } { + school operated + } under ORS 346.010.
(3) The department shall notify each resident school district
of the estimated amount of the billing no later than March 30
after the December 1 census.
(4) The department shall bill each resident school district no
later than the November 1 following the March 30 notification
under subsection (3) of this section. The resident school
district shall pay the amount of the billing out of the school
district's Individuals with Disabilities Education Act grant
award no later than January 1 following the November 1 billing.
In lieu of payment, a school district may request that the
department withhold the billing amount from any unclaimed federal
grant funds that are payable to the school district.
(5) The department shall distribute the moneys made available
from billings under this section to each program providing
services to children under ORS 343.236 or to the
{ - program - } { + school + } in which children are enrolled
under ORS 346.010.
SECTION 25. ORS 346.010 is amended to read:
346.010. (1) Pursuant to rules of the State Board of Education,
the Superintendent of Public Instruction shall provide free
training and education services in { - schools - } { + a
school + } located in Marion County for children who are
{ - blind or - } deaf.
(2) The Superintendent of Public Instruction shall indicate
{ - which school shall serve as the Oregon School for the Blind
and which school - } { + which facilities + } shall serve as
the Oregon School for the Deaf.
(3) The superintendent may order a change in all or part in the
purpose and use of { - schools - } { + the facilities + }
available under this section whenever the superintendent
determines that a change in purpose and use will better enable
the state to meet its responsibilities for the education and
training of children who are { - blind or - } deaf.
(4) The { - schools - } { + school + } shall be operated
primarily for the provision of education and training services
for children who are
{ - blind or - } deaf who cannot be efficiently served in
other schools or programs.
(5) { - The Board of Directors of the Oregon School for the
Blind or - } The Board of Directors of the Oregon School for the
Deaf may appeal any decision of the Superintendent of Public
Instruction made under this section to the State Board of
Education. An appeal under this subsection must be filed with the
State Board of Education within 60 days of the date of the
decision by the superintendent. The State Board of Education may
uphold, modify or overturn any decision of the superintendent
under this section.
SECTION 26. ORS 346.015 is amended to read:
346.015. (1) Prior to convening a meeting to prepare an
individual education plan for a child with mental retardation or
a developmental disability for whom placement at { - a
school - } { + the school operated + } under ORS 346.010 may be
considered, the agency that is providing the education for the
child shall notify the local community mental health and
developmental disabilities program. The case manager responsible
for programs for children with mental retardation or
developmental disabilities, in consultation with the Department
of Human Services, shall evaluate whether the child also has
needs for alternative residential care or other support services.
If the evaluation determines this to be the case, but documents
that community resources are not available to meet these needs,
the school district may proceed with the meeting to prepare the
individual education plan in which placement at { - a
school - } { + the school operated + } under ORS 346.010 may be
considered.
(2) An agency providing education under subsection (1) of this
section may initiate the procedure in subsection (1) of this
section for any child who does not have mental retardation or a
developmental disability when in the agency's judgment a
treatment or residential issue is prompting proposed placement
under ORS 346.010.
(3) A child may not be placed in { - a - } { + the + }
school operated under ORS 346.010 unless the district
superintendent or the superintendent's designee has signed a
statement declaring that the district cannot provide a free
appropriate public education for the child commensurate with the
needs of the child as identified by the individual education plan
of the child and that the school is the least restrictive
environment in which the child can be educated.
(4) By rule, the State Board of Education shall determine
procedures to be followed by local education agencies in carrying
out this section.
SECTION 27. ORS 346.017 is amended to read:
346.017. (1) Notwithstanding ORS 346.015, the Superintendent of
Public Instruction may enroll a student in the { - schools - }
{ + school + } operated under ORS 346.010 if the student is not
a resident of Oregon. However, priority for enrollment at the
{ - schools - } { + school + } shall be given to students who
are residents of Oregon.
(2) The superintendent may charge tuition and fees to any
student who is enrolled under this section.
(3) A student who is enrolled under this section is not
considered a resident of any school district based on the
enrollment and attendance at the school.
SECTION 28. ORS 346.019 is amended to read:
346.019. (1) There is established an Educational Facilities
Fund, separate and distinct from the General Fund. All tuition
and fees collected under ORS 346.017 and all expenses incurred in
the administration of ORS 346.017 shall be deposited to and borne
by the fund. Interest earned by the fund shall be credited to the
fund.
(2) The moneys in the fund are appropriated continuously to the
Department of Education for purposes of the { - schools - }
{ + school + } operated under ORS 346.010.
SECTION 29. ORS 346.020 is amended to read:
346.020. (1) The Superintendent of Public Instruction shall
prescribe the course of instruction for students enrolled in
{ - schools - } { + the school + } operated under ORS
346.010. The State Board of Education shall determine the
procedures for placement, development of services and operation
of the { - schools - } { + school + } in conformance with
state and federal laws relating to children who are eligible for
special education and shall adopt the procedures by rule.
(2) In consultation with the Board of Directors of the Oregon
School for the Deaf { - or the Board of Directors of the Oregon
School for the Blind, as appropriate - } , the Superintendent of
Public Instruction shall select a director for { - each - }
{ + the + } school. The superintendent may also select teachers
and other personnel necessary to manage the { - schools - }
{ + school + } in an effective and efficient manner or may
delegate the selection of teachers and other personnel to the
director of the school.
(3) The Superintendent of Public Instruction shall have control
over persons enrolled in the { - schools - } { + school + }
and shall direct their care and promote their mental, moral and
physical welfare.
(4) { - The Board of Directors of the Oregon School for the
Blind or - } The Board of Directors of the Oregon School for the
Deaf may appeal a decision of the Superintendent of Public
Instruction to the State Board of Education if the decision was
made under subsection (2) of this section and relates to the
selection or dismissal of the director of { - a - }
{ + the + } school. An appeal under this subsection must be
filed with the State Board of Education within 60 days of the
date of the decision by the superintendent. The State Board of
Education may uphold, modify or overturn any decision of the
superintendent under this section.
SECTION 30. ORS 346.030 is amended to read:
346.030. Application for admission to the { - schools - }
{ + school + } operated under ORS 346.010 shall be made to the
Department of Education. Application shall be made on forms which
are provided by the department.
SECTION 31. ORS 346.041 is amended to read:
346.041. (1) Transportation for pupils attending
{ - schools - } { + the school operated + } under ORS 346.010
is the responsibility of the pupil's resident school district.
The district may provide transportation directly or by agreement
with another school district, a public carrier or the Department
of Education.
(2) The actual and necessary transportation expenses incurred
under subsection (1) of this section, at a frequency consistent
with a pupil's individual education plan, shall be considered
approved transportation costs for purposes of ORS 327.006 and
327.033.
(3) The resident school district shall reimburse the Department
of Education for all transportation costs the department incurs
on behalf of the district within 10 days after receipt of the
itemized invoice.
(4) The payments of the resident school districts required
under subsection (3) of this section and an amount specifically
appropriated thereto shall be deposited in the State Treasury to
the credit of the Special Education Transportation Revolving
Account to be used by the Department of Education for the
transportation of pupils attending { - schools - } { + the
school operated + } under ORS 346.010. The account shall be
continuously appropriated to the department for such purpose.
(5) Any unexpended and unobligated balance in the Special
Education Transportation Revolving Account in excess of $70,000
as of September 1 of any year shall be transferred from the
account to the General Fund to be available for general
governmental purposes.
SECTION 32. ORS 346.047 is amended to read:
346.047. The State Board of Education may receive, take and
hold property, both real and personal for { - any - }
{ + the + } school operated under ORS 346.010 and may sell,
transfer, assign, allot, set over or convey the property pursuant
to legislative authority.
SECTION 33. ORS 346.055 is amended to read:
346.055. (1) When the Department of Education has in possession
or under control, in a bank account or otherwise, funds that are
the property of the students enrolled in { - schools - }
{ + the school + } operated under ORS 346.010 or that have been
deposited for their use or for expenditure in their behalf, the
department shall deposit such funds, as they are received,
together with any such funds as heretofore have accumulated, with
the State Treasurer as a trust account, separate and distinct
from the General Fund. Interest earned by the account shall be
credited to the account.
(2) As used in this section, 'funds' includes but is not
limited to moneys deposited with the department for medical care
or assistance of students, moneys derived from athletic
activities, contributions for athletic, health, or recreation
projects, and any other moneys received by the department that
are not required by law to be credited to other state funds or
accounts.
(3) The department is authorized to receive any of the funds
referred to in this section. The State Treasurer shall carry
{ - such - } { + the + } funds in separate accounts for
{ - such schools - } { + the school + }, but may not credit
{ - such - } { + the + } funds or any part { - thereof - }
{ + of the funds + } to any state fund for governmental
purposes.
(4) Disbursements from the accounts for the purposes for which
the contributions or payments were made, and for payment to
persons lawfully entitled thereto, may be made by the department,
by checks or orders drawn upon the State Treasurer. The
department shall be accountable for the proper handling of the
accounts.
SECTION 34. ORS 346.080 is amended to read:
346.080. The Department of Education shall give the notice
required by ORS 332.554 to all classified employees of the Oregon
School for the Deaf { - and the Oregon School for the Blind - }
in the same manner and to the same effect as notice given under
ORS 332.554.
SECTION 35. ORS 656.135 is amended to read:
656.135. (1) As used in this section 'school' means the Oregon
School for the Deaf { - or the Oregon School for the Blind - }
.
(2) All persons participating as trainees in a work experience
program of { - a school in which such persons are enrolled - }
{ + the school + } are considered as workers of the school
subject to this chapter for purposes of this section.
(3) On behalf of a school conducting a work experience program,
the Department of Education shall submit a written statement to
the State Accident Insurance Fund Corporation that includes a
description of the work to be performed by such persons.
(4) Upon receiving the written statement, the corporation may
fix assumed wage rates for the persons enrolled in the work
experience program, without regard to ORS chapter 652 or ORS
653.010 to 653.545 and 653.991, which may be used only for
purposes of computations under this chapter.
(5) The Department of Education shall furnish the corporation
with a list of the names of those enrolled in work experience
programs in the { - schools - } { + school + } and shall
notify the corporation of any changes therein. Only those persons
whose names appear on such list prior to their personal injury by
accident are entitled to the benefits of this chapter and they
are entitled to such benefits if injured as provided in ORS
656.156 and 656.202 while performing any duties arising out of
and in the course of their participation in the work experience
program, provided the duties being performed are among those:
(a) Described on the application of the department; and
(b) Required of similar full-time paid employees.
(6) The filing of claims for benefits under this section is the
exclusive remedy of a trainee or beneficiary of the trainee for
injuries compensable under this chapter against the state, the
school, the department, its officers and employees, or any
employer, regardless of negligence.
(7) The provisions of this section shall be inapplicable to any
trainee who is earning wages for such employment.
SECTION 36. { + ORS 346.097, 346.099, 346.101 and 346.104 and
section 53, chapter 858, Oregon Laws 2007, are repealed. + }
SECTION 37. { + The amendments to ORS 179.210, 179.460,
238.350, 240.205, 240.240, 326.543, 326.603, 327.023, 339.370,
339.877, 343.239, 346.010, 346.015, 346.017, 346.019, 346.020,
346.030, 346.041, 346.047, 346.055, 346.080 and 656.135 by
sections 14 to 35 of this 2009 Act and the repeal of ORS 346.097,
346.099, 346.101 and 346.104 and section 53, chapter 858, Oregon
Laws 2007, by section 36 of this 2009 Act become operative
September 1, 2009. + }
SECTION 38. { + (1) In addition to and not in lieu of any
other appropriation, there is appropriated to the Emergency
Board, for the biennium beginning July 1, 2009, out of the
General Fund, the amount of $2,850,000, to be allocated to the
Department of Education, the Department of Human Services and the
Oregon Department of Administrative Services for transition costs
and other services provided to blind and visually impaired
students and for the closure and disposition of the Oregon School
for the Blind.
(2) If any of the moneys appropriated by subsection (1) of this
section are not allocated by the Emergency Board prior to
December 1, 2010, the moneys remaining on that date become
available for any purpose for which the Emergency Board lawfully
may allocate funds. + }
SECTION 39. { + Notwithstanding any other law limiting
expenditures, the amount of $450,000 is established for the
biennium beginning July 1, 2009, as the maximum limit for the
payment of expenses by the Oregon Department of Administrative
Services, from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal
funds, collected or received by the department for the purposes
of sections 1 to 6 of this 2009 Act. + }
SECTION 40. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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